Last updated May 1, 2024
By continuing to access and use our website, services, and products (collectively referred to as “Our Services”), which integrate AI technologies and Generative AI technologies hosted and provided by third parties (collectively referred to as “Third-Party AI Technologies”) to generate various forms of outputs and content, including, but not limited to, text, images, audio and videos (collectively referred to as “Third-Party AI Outputs”), you affirm your acceptance, understanding, and agreement to the following terms and conditions:
1. User Responsibility:
You are responsible for ensuring that your use of Our Services complies with all applicable laws, regulations, these terms and conditions, and all other relevant terms and conditions. You agree not to use Our Services for any unlawful or unauthorized purpose, including but not limited to infringing on the intellectual property rights of others, transmitting harmful or malicious code, or engaging in any activity that could damage, disable, or impair Our Services or interfere with any other party’s use and enjoyment of Our Services. You are solely responsible for ensuring that Third-Party AI Outputs do not violate the intellectual property rights of others. The use of Third-Party AI Technologies and Third-Party AI Outputs is entirely at your discretion and responsibility, and are governed by these terms and conditions, our Terms of Use, Privacy Policy, and all other relevant terms and conditions. You must ensure that Third-Party AI Outputs comply with all applicable intellectual property laws and other applicable laws. You are responsible for evaluating and ensuring compliance before using Third-Party AI Technologies and Third-Party AI Outputs. It is your sole responsibility to thoroughly evaluate all potential risks associated with using Third-Party AI Technologies and Third-Party AI Outputs. Violations may result in order cancellation, account suspension, content removal and legal action.
2. Non-Endorsement:
We disclaim any responsibility for or authority over Third-Party AI Technologies and Third-Party AI Outputs. The provision of these technologies and outputs does not imply our approval or endorsement of Third-Party AI Technologies and Third-Party AI Outputs. You acknowledge that all associated risks are borne by you.
3. Potential Risks:
Using Third-Party AI Technologies and Third-Party AI Outputs involve certain risks. These risks include, but are not limited to, generating content and outputs that could infringe upon intellectual property rights, include copyrighted or trademarked material, and propagate biased or discriminatory language. Additionally, such content and outputs may spread false or misleading information and inadvertently disclose sensitive personal data or personally identifiable information. Further risks involve content and outputs that could result in harassment or discrimination, incite violence or dangerous behavior, or endorse unlawful activities. These examples are not exhaustive, and other unforeseen risks may also arise.
4. Enforcement Actions:
We reserve the discretion to suspend your account under circumstances where we suspect any content might infringe upon the rights of others, incite harm or hatred, promote violence or discrimination, contain unlawful material, spread misinformation, violate intellectual property rights, is counterfeit, or otherwise violates our terms and conditions. Furthermore, we reserve the right to stop the ordering, production, manufacturing and sale of products and prohibit the distribution, marketing, or promotion, prevent the shipment, cancel the listing, block the advertisement involving such content. Additionally, upon receipt of a DMCA Notice or at our discretion, we may restrict access to and remove any such content and block its upload, disable its display, prevent its sharing, delete its backups, erase its metadata. Violation of these terms and conditions may lead to legal action and financial penalties, account termination, reporting to relevant authorities, issuance of cease and desist orders, pursuit of compensation for damages. These measures ensure Our Services remain safe, respectful, and adhere to legal and ethical standards.
5. Copyright Considerations:
Current legal standards generally stipulate that copyright protection may not extend to content generated by Generative AI technologies and Third-Party AI Technologies, as copyright laws typically apply to works created by humans. Consequently, outputs generated by Generative AI technologies and Third-Party AI Outputs might not qualify for copyright protection. Despite the presence of creativity or originality, current legal frameworks frequently do not recognize these generated content as eligible for copyright. This is because traditional copyright laws are centered around human authorship, which excludes non-human creators, even if the generated content exhibits significant innovation or artistic expression. Therefore, any works produced by Generative AI technologies and Third-Party AI Technologies remain outside the scope of copyright protection under prevailing legal standards.
6. Ownership Rights
You unconditionally agree and acknowledge that any content and outputs generated by Third-Party AI Technologies, including but not limited to text, images, audio, videos, and Third-Party AI Outputs, and any prompts or inputs submitted or entered into Our Services, including but not limited to text, data, files, multimedia content, images, audio recordings, video files, user-generated content, and interactive elements, whether entirely or partially supplied by us, by you, or by any third-party, and any outputs and content derived from these prompts or inputs, and any Third-Party AI Outputs, outputs, inputs, color selections, design selections, selections, generated content or content that have been integrated into, displayed in, or otherwise incorporated into objects such as 2D and 3D models, screenshots, images, videos, and any other media, whether currently known or developed in the future, stored, displayed, or otherwise used both within Our Services and in any third-party locations or platforms that are not affiliated with us and without our endorsement or association, as well as URLs linking to these, physical items, real items, virtual items, or digital items, and any manufactured or produced items that contain these Third-Party AI Outputs, outputs, inputs and selections (collectively referred to as “AI Assets”), are solely our property and are exclusively owned by us. You do not, and will not, acquire any ownership rights or interests in them and you do not own them. AI Assets and any associated materials, whether physical or digital, remain our property and are exclusively owned by us. You do not have ownership rights over them, including but not limited to the right to sell, distribute, modify, or otherwise use them without our explicit consent. Your use of AI Assets, including any modifications or derivative works, shall be for personal and non-commercial purposes only unless expressly authorized by us. Any attempt to claim ownership, sell, redistribute, or otherwise exploit AI Assets without our prior written consent will constitute a violation of these terms and may lead to legal action. Moreover, you acknowledge that any intellectual property rights, including but not limited to copyrights, trademarks, and patents related to AI Assets belong solely to us. You agree not to challenge our rights in AI Assets and to take all necessary steps to protect our ownership and rights. This includes not using AI Assets in any manner that could infringe on our rights or those of any third party, and ensuring that any use of AI Assets complies with all applicable laws and regulations. You cannot apply for or hold any rights, such as copyrights, trademarks, patents, or any other intellectual property rights, to AI Assets. Furthermore, you are prohibited from using AI Assets commercially, incorporating or applying them into other websites, services, products, physical items, real items, virtual items, or digital items, or claiming ownership or authorship of any kind. All rights to AI Assets are retained by our company, granting us the worldwide, perpetual, irrevocable, and exclusive rights and licenses to use, reproduce, modify, adapt, distribute, display, publish, sublicense, publicly perform, transmit, translate, create derivative works from, and commercially exploit these AI Assets in any manner, through any media, and across all formats, whether currently known or developed in the future. You explicitly agree not to contest or dispute our rights and licenses to these AI Assets, nor will you make any claims or demands regarding their ownership or usage. This agreement remains effective regardless of changes in your relationship with us or over time. Without additional compensation or notification to you, you waive any moral rights you may have to AI Assets, including the right to be identified as the author and the right to object to derogatory treatments. You acknowledge that our company has the sole discretion to use, not use, modify, or remove AI Assets without any obligation or liability to you. Furthermore, you agree that any contributions you make to AI Assets, whether intentional or incidental, will not entitle you to any rights or claims to these contributions. You further acknowledge that any unauthorized use of AI Assets by you will be deemed a violation of these terms, subjecting you to potential legal action and remedies available under applicable law.
7. Indemnification:
You agree to indemnify and hold our company, along with our affiliated entities, including our parent company, subsidiaries, affiliates, agents, representatives, licensors, licensees, contractors, consultants, partners, providers, successors, assigns, shareholders, directors, employees, and officers, harmless against any claims, damages, legal actions, liabilities, costs, expenses, judgments, demands and losses, including legal fees, arising from your use of Our Services, Third-Party AI Technologies, Third-Party AI Outputs, and AI Assets. This includes, but is not limited to, breaches of our applicable terms and conditions, infringement of intellectual property rights, unauthorized use, dissemination of harmful content, propagation of false information, engagement in fraudulent activities, misuse of intellectual property, breaches of data privacy, unethical conduct, and violations of any laws. Moreover, this obligation extends to liabilities or expenses resulting from the use, misuse, handling or improper handling of Third-Party AI Technologies, Third-Party AI Outputs and AI Assets. By using Our Services, Third-Party AI Technologies, Third-Party AI Outputs and AI Assets, you accept full responsibility for any resulting consequences and ensure that we, along with our associated entities, remain protected from any harm, legal disputes, or financial losses related to your usage. To the fullest extent permitted by law, our company disclaims all warranties, express or implied, and shall not be liable for any losses or legal issues arising from or related to your use of Our Services, Third-Party AI Technologies, Third-Party AI Outputs, or AI Assets. This includes, but is not limited to, direct, indirect, incidental, consequential, and punitive damages, even if we have been advised of the possibility of such damages, arising from your use of Our Services, Third-Party AI Technologies, Third-Party AI Outputs, and AI Assets, your violation of these terms and conditions, our Terms of Use, Privacy Policy, and all other relevant terms and conditions, your infringement of any third-party rights, and your violations of any laws.
8. Feedback Use
Any feedback, comments, suggestions, or ideas you provide regarding Our Services shall be considered non-confidential and non-proprietary to you. We shall be free to use and disclose such feedback on an unrestricted basis, without compensation or acknowledgment to you. This feedback will become our property, and you agree that we may use, modify, and incorporate it into Our Services without any obligation to compensate you.
9. Detailed Policies
For comprehensive details, please review our
Terms of Use,
Privacy Policy, and all other relevant terms and conditions. It is crucial to understand your responsibilities and our limitations of liability as outlined in these documents.