Last updated: September 16, 2023
Welcome to OhMyGogh These are our terms of use, and they govern your use of our “Service”. “We”, ”our,” or “us” refers to OhMyGogh service. By using OhMyGogh, you agree to these terms, our Privacy Policy, and the other policies we post. Please read these terms carefully.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. WE EXPLAIN MORE ABOUT ARBITRATION AND DISPUTE RESOLUTION, AND HOW YOU CAN OPT OUT OF ARBITRATION, BELOW.
You must be at least 13 years old to use OhMyGogh. We will terminate any accounts used by underage users as determined in our sole discretion, including all content.
If you accept these terms or use OhMyGogh on behalf of a business or entity, you represent and warrant you are authorized to do so and have the authority to bind that business or entity to these terms, in which case the words “you” and “your” in these terms include you and that business or entity.
Our Privacy Policy describes how we collect, use, share, or otherwise process information about you and your use of the Service.
You are responsible for all activity on your account. Don’t do anything illegal, abuse others, or misuse the Service. If you violate our policies we may suspend your access to certain features or terminate your account.
Much of the Service is free of charge, which we refer to as “OhMyGogh Free”. We also offer subscription plans that provide access to enhanced services and additional OhMyGogh Content for a fee (a “Subscription”). You may purchase a Subscription directly from third party, such as the iOS App Store or Google Play. When you purchase a Subscription from a third party, separate terms and conditions with such third party in addition to these terms may apply to your access to the Service
Your payment to the third party through which you purchased the Subscription will automatically renew and continue until terminated. You must cancel your Subscription before it renews in order to avoid paying the subscription fees for the next billing period
(see “Cancellation and Refunds” below). We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer from time to time. If you have purchased a Subscription, we will give you advance notice of significant changes to your plan.
Unless we specify that your Subscription includes use of the Service by multiple users, your Subscription is for a single user only. You may not share your Subscription with anyone else, and you may access and use each of your Subscription on up to a single operating system.
Unless otherwise indicated, you are required to provide a credit card or other payment method that the third party through which you purchased the Subscription, accept to pay the applicable fee for a Subscription. Such third party will charge the payment method you’ve chosen a subscription fee plus any applicable taxes on a recurring basis corresponding to the term of your Subscription. You are solely responsible for any and all fees charged to the payment method you’ve chosen. We reserve the right to cancel your Subscription if we are unable to successfully charge your payment method.
The third party from who you purchased a Subscription will automatically bill you using the payment method you’ve chosen on the day you start your Subscription or the day your free Trial ends (see “Free Trials and Promotions” below), as applicable, and on each recurring billing date thereafter. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your Subscription. If your Subscription renews on a date not contained in a given month, then we will charge you on the last day of such month.
The amount you are billed and billing date may vary to account for a free Trial, promotional offers, account credits, and changes in your Subscription or payment method. You authorize us to charge you for these varying amounts, if any.
You can cancel your Subscription by through a third party, such as the Apple App Store or Google Play, you may need to cancel through that third party.
If you cancel your Subscription, you will continue to have access to the applicable Service and any Content you created through the end of your current billing period. Your account will be downgraded to OhMyGogh Free at the end of the billing period.
All payments are nonrefundable. If you cancel your Subscription, or if your account is terminated under these terms, you will not receive a refund or credit, including for partial periods of service.
From time to time, we or others on our behalf may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). We may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
For some Trials, we'll require you to provide your payment details to start the Trial. By providing such details, you agree that we may automatically begin charging you for a Subscription on the first day following the end of the Trial on a recurring monthly basis or another interval that we disclose to you in advance. TO AVOID PAYING THIS CHARGE, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION BEFORE THE END OF THE TRIAL. IF YOU RECEIVED YOUR TRIAL THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE SUBSCRIPTION THROUGH THE THIRD PARTY.
OhMyGogh allows you to edit, publish, store and share images. Certain aspects of the Service may be available only in app or another Service type. Some features may not be available in your country or region.
B:Your AccountYou may need to create an account to use portions of the Service. If you create an account, you must provide us with accurate information, in good faith, and keep your information updated if it changes. You are responsible for safeguarding your account.
Your License to Use OhMyGogh
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service. Excluding Content provided by users, we own and retain all rights, title, and interest in and to the Service. These terms do not grant you any rights to our graphical user interface, trademarks, or service marks. Any feedback, comments, or suggestions you may provide regarding the Service is gratuitous, unsolicited, and without restriction, and we are free to use such feedback, comments, or suggestions as we see fit without any compensation to you.
You are responsible for your use of the Service and any information, data, text, images, stickers, usernames, graphics, photos, profiles, or other materials (“Content”) you edit, publish, store, and share using OhMyGogh, including compliance with applicable laws, rules, and regulations. You hereby acknowledge and agree that the tools, features and functions made available through the Service are and have been used by you with your consent and at your choice, subject to these terms, the Privacy Policy, and any other applicable OhMyGogh terms or policies.
The Service may include advertisements, and those advertisements may link to independent third-party websites. We are not responsible for, and do not endorse, any third-party advertisements, websites, services, or products. Sites maintained by those third-parties are not under our control. Any dealings you have with third parties that advertise on the Service are between you and those advertisers, and you agree that we are not liable for any loss or claim that you may have against an advertiser. You agree that we may generate revenues, increase goodwill, or otherwise increase our value from your use of the Service, including through the sale of advertising, and you will have no right to share in any such revenue or goodwill.
We provide submission terms, official rules, and/or guidelines for certain activities on the Service, including challenges, contests, and sweepstakes. These terms of use incorporate by reference the specific submission terms, official rules, and/or guidelines which appear in connection with a particular activity.
You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate, or otherwise inappropriate. All Content that is shared is the sole responsibility of the person who shares such Content. While we prohibit certain conduct and Content on our Service, we may not monitor or control the Content shared via the Service, and we are not responsible for such Content.
B:Grant of Rights to Your ContentExcept to the extent, it contains OhMyGogh Content, we do not claim any ownership rights in your Content.
You grant OhMygGogh a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use your Content—including to host, reproduce, distribute, create derivative works, display, and perform it (subject to any privacy settings set by you)—for any purpose in connection with the Service and our business, including for the purpose of promoting and redistributing part or all of the Service. This license is perpetual and authorizes us to make your Content available to other users on the Service when you have shared your Content.
OhMyGogh’s missions is to make you implement art. We further this mission by encouraging our editors to share their art styles. We sometimes refer to this as “Remixing” another person’s work.
OhMyGogh allows you to share your Content by making it available to other users via the Service, including by saving Content in a local folder, or distributing Content via a link. The Content you share is made public, so you should only share Content you are comfortable with others using. When you share your Content, it may be featured in media connected with the Service, such as email, search results, social media, and other communications. Additionally, when you share your Content on the Service, you grant the following rights to your shared Content:
You represent and warrant that (1) you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted in this section; (2) your posting and sharing, and OhMyGogh’s and its users’ use, of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, trademark rights, or other intellectual property rights or any other rights of any person, company, or other third party; and (3) the posting and sharing of your Content on or through the Service does not result in a breach of contract between you and a third party.
We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to reproduce, display, and perform Content owned by only for your personal and non-commercial use and only as permitted by the functionality of the Service.
We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to reproduce, display, perform, and create derivative works of OhMyGogh Content identified as being available for commercial use on the Service (“Commercial Use OhMyGogh Content”), and distribute your derivative works that incorporate Commercial Use OhMyGogh Content, for any purpose including commercial purposes, only as permitted by the functionality of the Service.
THE SERVICE AND OHMYGOGH CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS." WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO: (A) THE SERVICE; (B) OHMYGOGH CONTENT; (C) ANY CONDUCT OR CONTENT OF ANY USER ON THE SERVICE; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OHMYGOGH OR VIA THE OHMYGOGH SERVICES. WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT OR GUARANTEE THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OHMYGOGH, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED OR GENERATED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE OHMYGOGH PARTIES’ AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID OHMYGOGH, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO ANY AND ALL CLAIMS. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE OHMYGOGH PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
C: Indemnity and Release for Your UseYou agree to release, indemnify and hold us, our affiliates, officers, employees, directors, successors and assigns (collectively, “OhMyGogh Parties” and each an “Indemnitee”) harmless from any and all losses, liabilities, damages, fines, penalties, expenses (including reasonable attorneys’ fees and costs), rights, claims, and actions of any kind and any injury arising out of or relating to: (1) your past and present use of the Service or any of its tools, features or functions, including any tools that apply effects to, or generate images of, individuals, (2) any Content you upload to the Service or create with the Service, or (3) your violation of these terms, any rights of another person or applicable law. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a direct result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.