Get Archive LLC endeavors to provide information that it possesses on the copyright status of the content and to identify any other terms and conditions that may apply to use of the content, however, Get Archive LLC can offer no guarantee or assurance that all pertinent information is provided, or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the content and, if necessary, to obtain such permission.
The following is a legal agreement between you (“You”) and (“We”), Get Archive, LLC, the owner and operator of GetArchive.net, GetArchive publishing platform, and Picryl.com (“Websites”, “Service” or “GetArchive”). These terms of service (“TOS”) govern your access to and use of the Websites and their content.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version https://picryl.com/privacy/). GetArchive may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of GetArchive, including but not limited to all websites, applications, products, software, and services offered by GetArchive, such as the GetArchive online platform, the GetArchvie’s tools, and other applications.
The Service may contain links to third party websites that are not owned or controlled by GetArchvie. GetArchvie has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GetArchvie will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve GetArchvie from any and all liability arising from your use of any third-party website.
General Use of the Service—Permissions and Restrictions
GetArchvie hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Service or the Content without GetArchvie’s prior written authorization unless GetArchvie makes available the means for such distribution through functionality offered by the Service.
You agree not to alter or modify any part of the Service.
You agree not to access Content through any technology or means other than the provided by the Service itself, or other explicitly authorized means GetArchvie may designate.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the GetArchive servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GetArchvie grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. GetArchvie reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the Service, you will comply with all applicable laws.
GetArchvie reserves the right to discontinue any aspect of the Service at any time.
Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to GetArchvie, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by GetArchvie on the Service for that Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources and that GetArchvie is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GetArchive with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless GetArchvie, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
In order to access some features of the Service, you will have to create a GetArchvie Account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify GetArchvie immediately of any breach of security or unauthorized use of your account.
Although GetArchvie will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GetArchvie or others due to such unauthorized use.
Account Termination Policy
GetArhive will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
GetArchive reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity. GetArchive may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
Scope and Use of the Subscription
The subscription grants you the right to use GetArchive Unlimited Original-Resolution Downloads and AI Upscales (“the Services”). More information on subscription plans: https://getarchive.net/pricing/
Acceptance of the Subscription
The subscription terms for the Services are accepted by you by (i) When you create an account, and, (ii) when you opted in for the Subscription. The subscription may not be used by other people or organizations.
Duration and Termination of the Subscription
The monthly annual subscription runs from the date you purchase the subscription to the end of that calendar month (for a monthly subscription) or, to the end of that calendar year (for an annual subscription). After that period, the subscription will automatically be renewed for another calendar month (for a monthly subscription), or, calendar year (for an annual subscription) - unless canceled by you. The minimum subscription period is one month (for a monthly subscription) and one year (for an annual subscription).
The monthly annual subscription may be terminated online or by email request to email@example.com, before the expiry of the subscription. The agreement cannot be terminated for the initial period of subscription and you will not be entitled to a refund for that initial subscription period.
The agreement's automatic renewal can be terminated: You have a grace period of 5 days to terminate the renewal - online or by email. If you fail to cancel the subscription before the renewal or 5 days after renewal, you will not be entitled to a refund for that renewal subscription period. Detailed information on the online subscription terminations - https://getarchive.net/pricing/
Subscription Price and plans terms
The charges for Unlimited Original-Resolution Downloads and AI Upscales are US$7 per month, paid annually, or, US$25 per month, paid monthly. GetArchive guarantees that no price increases will be introduced for the Service ordered at the time of commencement of the subscription for up to 2 years. More information on subscription plans: https://getarchive.net/pricing/
Payment shall be made on the date of the subscription and the date of renewal. If the subscription or renewal is not paid by the due date, and the subscription remains unpaid five days after the renewal date, access to the Services will be blocked. GetArchive will not be responsible for any loss, damage, costs, expenses, or other claims of yours or any third party resulting from the suspension of the Services.
You agree to the use of e-mail (using an e-mail address specified by you) as the medium for entering into a subscription and for requesting and receiving invoices, notifications, and reminders.
GENERAL USE OF CONTENT—PERMISSIONS AND RESTRICTIONS
“Content” shall refer collectively to images, sounds, and videos available through the GetArchive.net, Picryl.com and other GetArchive websites.
“Image(s)” means photographs, vectors, drawings and the like. “Sound(s)” means any sound recordings, voice recordings, songs, recordings or other audio representations, excluding still images, recorded in any format. “Video(s)” means any moving images, animations, films, footage or other audio/visual representations, excluding still images, recorded in any format.
Content is identified as having “no known copyright restrictions” when GetArchive is unaware of any copyright restrictions on its use. This may mean that:
(1) a copyright existed at one time but was not renewed, or the copyright may have expired, or the owner may have intentionally placed the Content into the public domain; or
(2) the Content was never eligible for copyright protection because it was created by an employee of the United States as part of his or her official duties, or
(3) there are no copyright markings or other indications on the Content to indicate that it was copyrighted or otherwise restricted; or
(4) Get Archive LLC records do not indicate any evidence of copyright restrictions.
These facts do not necessarily mean that the Content is in the public domain, but rather indicate that no evidence has been found to show that copyright restrictions apply. Understand “public domain” as permission to freely use (display, modify, print, etc.) without asking permission.
Commercial Use vs. Editorial Use of Content
Commercial use: You may be required to obtain “Model Release” and “Property Release”. “Model Release” – identifiable people must give their consent for public use of their images. “Property Release” – some images depicting trademarks or copyrighted products such as Walt Disney and Lego products only permit editorial use. Learn more about intellectual property release requirements: wiki.gettyimages.com.
Editorial use: If you are showing an image on your blog, it is non-commercial, editorial usage. In general, no release is required for such applications. Commercial use is loosely defined as all sorts of businesses, where you are actually selling something, or if you use images for advertising purposes. Understand “public domain” as the permission to freely use (display, modify, print, etc.) an image without asking permission from the image author. However, it is still your responsibility, to make sure the depicted content (persons, logos, private property, etc.) is suitable for your application and does not infringe upon any rights.
Public Domain Content Usage Limitations
Images, Sounds and Videos depicting identifiable persons may not be used for pornographic, unlawful or other immoral purposes, or in a way that can give a bad name to people or to imply endorsement of products and services by those persons, brands, organizations, etc.
The media in the public domain may be used freely for almost any purpose, in digital or printed format with following exceptions:
Identifiable people may not appear in a bad light or in a way that they may find offensive unless they give their consent.
Do not suggest endorsement of products, services, etc. by depicted people or organizations.
As a GetArchive account holder, you may submit Content to the Service, including texts, documents, photographs, sounds or videos to Websites. By uploading Content you agree that Get Archive will screen Content to see if it is suitable for distribution and can remove content in its own discretion. Get Archive does not accept any adult-oriented Content. You understand that GetArchive does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to GetArchive all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, unless you choose otherwise, you retain all of your ownership rights in your Content. However, by submitting Content to GetArchive, you hereby grant GetArchvie a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and GetArchive’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your Content from the Service. You understand and agree, however, that GetArchive may retain, but not display, distribute, or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant GetArchive all of the license rights granted herein.
You further agree that you will not submit to the Service any following Content:
Nudity or sexual content
GetArchive is not for pornography or sexually explicit content. If this describes your Content, don’t post it on Websites. Also, be advised that we work closely with law enforcement and we report child exploitation.
Harmful or dangerous content
Don’t post Content that encourages others to do things that might cause them to get badly hurt, especially kids. Content showing such harmful or dangerous acts may get removed.
Our Websites and platform are for free expression. However, we don’t support content that promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity, or whose primary purpose is inciting hatred on the basis of these core characteristics.
Violent or graphic content
It’s not okay to post violent or gory content that’s primarily intended to be shocking, sensational, or gratuitous. If posting graphic content in a news or documentary context, please be mindful to provide enough information to help people understand the context of the Content. Don’t encourage others to commit acts of violence.
Harassment and cyberbullying
It’s not ok to post abusive Content and comments on Websites. If harassment crosses the line into a malicious attack it can be reported and may be removed.
Spam, misleading metadata, and scams
Don’t create misleading descriptions, tags, titles, dates or summaries in order to increase views. It’s not okay to post large amounts of untargeted, unwanted or repetitive content, including comments.
Don’t upload Content you didn’t make, that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, images, sounds, documents or videos made by other users, without necessary authorizations. This does not apply to content in Public Domain and to content labeled for reuse.
If someone has posted your personal information or uploaded an image or video of you without your consent, you can request removal of content.
Accounts that are established to impersonate another user or individual may be removed.
Be advised that we work closely with law enforcement and we report child endangerment.
GetArchive does not endorse any Content submitted to the Service by any user or another licensor, or any opinion, recommendation, or advice expressed therein, and GetArchive expressly disclaims any and all liability in connection with Content. GetArchive does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and GetArchive will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. GetArchive reserves the right to remove Content without prior notice.
Uploading labeled for reuse Content
When uploading, you can choose the copyright status of the uploaded content. If you release Content under Creative Commons CC0 into the public domain, this applies worldwide, and you grant anyone the right to use this content for any purpose, without any conditions, unless such conditions are required by law.
You are solely responsible for the Content You upload. You warrant that You own all proprietary rights regarding the Content, and You are obliged to obtain a non-exclusive, perpetual, irrevocable, worldwide, and royalty-free Model and/or Property Release and/or any other permission necessary concerning the use of this work for any purpose, without any conditions, unless such conditions are required by law.
Furthermore, You acknowledge that Get Archive does not allow the upload of Content that infringes on any copyright, property right, trademark or any other applicable right.
You accept that even though We do our best to prevent it from happening, Get Archive cannot be held responsible for the misuse or abuse of any Content. We also reserve the right to remove any Content at any time if We believe it’s defective, of poor quality, or in violation of any rights.
Content On Picryl.com
PICRYL purpose is to make accessible public domain content all over the world for everyone. To the extent possible under law, when you are using GetArchive.net user interface to upload your Content on PICRYL, you waive the copyright and related or neighboring rights to Content. If you choose to publish Images, Sounds, and Videos under Creative Commons CC0, anyone is free to adapt and use them for commercial purposes without attributing the original author or source.
Copyright and DMCA Policy
It is GetArchive, LLC.’s policy to comply fully with the Digital Millennium Copyright Act and other applicable intellectual property laws (collectively the "Act"). This page lists our requirements under the Act for notice of copyright infringement and for responses to such a notice if you or your materials are accused.
We have appointed and registered Boris Tolkachev as our copyright agent to receive notifications of claimed infringement and have informed the U.S. Copyright Office of this appointment. GetArchive address, phone number, and e-mail address are as follows:
Get Archive, LLC. / Attn. Boris Tolkachev, Copyright Agent / 16192 Coastal Highway / Lewes, DE 19958 / firstname.lastname@example.org / (856) 533-0508
As explained in more detail below, the Act requires the removal or disabling of access to content claimed to be, or reasonably determined by GetArchive, LLC, the subject of infringing activity. If the Act requires content to be removed from Picryl.com, GetArchve.net and it's subdomains, we will remove the content.
Notice of Copyright Infringement
If you believe that content on Picryl.com or GetArchive.net and/or it's subdomains, at the direction of a third party, violates any of your exclusive rights under United States copyright law, you must send a written communication to our Copyright Agent at the contact above. The written communication should include the following:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- The following statement: "I have a good faith belief that the use of materials described above is not authorized by the copyright owner, its agent, or the law."
- The following statement: "The information in this notification is accurate and that I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
We have no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false. Pursuant to the Act, you may be liable for damages, including court costs and attorneys fees, if you misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material on Picryl.com or GetArchive.net and/or it's subdomains infringes your copyright, we urge you to first consult an attorney.
Upon receipt of the above notice of infringement, we will respond expeditiously and remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity as required by the Act. Our Copyright Agent will take reasonable steps to promptly notify the affected party who uploaded the material.
If we have removed your content from Picryl.com or GetArchive.net and/or it's subdomains, due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication to our Copyright Agent above. That written communication should include the following:
- Identification of the content that has been removed from Picryl.com or GetArchive.net and/or it's subdomains or to which access has been disabled.
- Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an e-mail address.
- A physical or electronic signature from you or from a person authorized to act on your behalf.
- The following statement: "Under penalty of perjury, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
- The following statement: "The information in this notification is accurate, and I swear, in good faith and under penalty of perjury, that the content was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
- The following statement: "I consent to the jurisdiction of State of Delaware for the judicial district in which such address is located, and will accept service of process from the person who provided notification of copyright infringement or an agent of such person."
If you have served a counter notification complying with the above requirements, please note that we will promptly provide the person who provided the initial infringement statement with a copy of the counter notification and will inform such person that Get Archive, LLC. will replace the removed material or cease disabling access to it within 10-14 business days. We will then replace the removed material and cease disabling access to within 10-14 business days following receipt of the counter-notice unless the copyright owner delivers to our Copyright Agent notice that it has filed an action seeking a court order. If we receive a notification from a copyright holder who has procured an enforceable injunction prohibiting Get Archive, LLC. from providing access to allegedly infringing material, we will follow the requirements of the injunction.
Other Types of Infringement
The policies and processes outlined above are applicable to copyright only. If you discover any content that you believe to be in infringement of any other intellectual property rights or in violation of our policies, please contact:
Get Archive, LLC. / Attn. Boris Tolkachev, Copyright Agent / 16192 Coastal Highway / Lewes, DE 19958 / email@example.com / (856) 533-0508
We may revise this policy at any time, including by posting a new version at this website.
Indemnification for breach of terms
You agree to indemnify and hold harmless GetArchive from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys fees, resulting, whether directly or indirectly, from your violation of the TOS. You also agree to indemnify and hold harmless Get Archive from and against any and all claims brought by third parties arising out of your use of Service.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GETARCHIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. GETARCHIVE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. GETARCHIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GETARCHIVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL GETARCHIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT GETARCHIVE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by GetArchive from its facilities in the United States of America. GetArchvie makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless GetArchvie, its owners, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
- Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GetArchive without restriction.
You agree that: (i) the Service shall be deemed solely based in Delaware; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over GetArchvie, either specific or general, in jurisdictions other than Delaware. These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and GetArchvie that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Wilmington, Delaware. These Terms of Service, together with the Privacy Notice at http://getarchive.net/privacy/ and any other legal notices published by GetArchvie on the Service, shall constitute the entire agreement between you and GetArchive concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GetArchive’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. GetArchive reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND GETARCHIVE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Date: December 17, 2022