Date of Last Revision: February 19, 2024
Deforum LLC ("Deforum", "we", "us", or "our") presents these Terms of Service (the "Agreement") to define the terms and conditions under which you may access and use:
1) Deforum's AI-driven digital art generation services,
2) https://deforum.studio,
3) Other related services and features provided by Deforum (collectively, the "Platform").
By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Platform.
Eligibility:
You must be at least 18 years old to use the Platform. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.
Accounts:
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Platform.
You are responsible for safeguarding the password that you use to access the Platform and for any activities or actions under your password, whether your password is with our Platform or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Intellectual Property:
The Platform and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of Deforum LLC and its licensors.
Links To Other Web Sites:
Our Platform may contain links to third-party web sites or services that are not owned or controlled by Deforum LLC.
Deforum LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Deforum LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination:
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Platform will immediately cease. If you wish to terminate your account, you may simply discontinue using the Platform.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification:
You agree to indemnify, defend, and hold harmless Deforum LLC and its affiliates, officers, agents, employees, and partners from any claim, demand, loss, or expenses, including attorneys' fees, arising out of or related to your use of the Platform, your breach of these Terms, or your violation of any law or the rights of a third-party.
Limitation Of Liability:
In no event shall Deforum LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer:
Your use of the Platform is at your sole risk. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Deforum LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Platform will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Platform is free of viruses or other harmful components; or d) the results of using the Platform will meet your requirements.
Governing Law:
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Platform, and supersede and replace any prior agreements we might have between us regarding the Platform.
Changes:
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Platform.
Contact Us:
If you have any questions about these Terms, please contact us.
Copyright Notice:
Copyright © Deforum LLC, all rights reserved.
DMCA Notice:
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Platform, you may notify our copyright agent, providing the following information:
Your physical or electronic signature.
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled.
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Deforum LLC may be found, and that you will accept service of process from the person who provided notification of the alleged infringement.
Send this written communication to Deforum LLC's designated Copyright Agent at the provided address.
Repeat Infringer Policy:
In accordance with the DMCA and other applicable laws, Deforum LLC has adopted a policy of terminating, in appropriate circumstances and at Deforum LLC's sole discretion, users who are deemed to be repeat infringers. Deforum LLC may also, at its sole discretion, limit access to the platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You acknowledge that all content uploaded to the Platform, including images, are your sole responsibility. By uploading content, you affirm that you own or have obtained all necessary rights and permissions to use and authorize the use of the content on the Platform. You must not upload content that infringes on the intellectual property rights of others, is illegal, defamatory, obscene, or otherwise objectionable.
We reserve the right, but not the obligation, to review and remove any content uploaded by users that we determine in our sole discretion to be in violation of these Terms of Service or otherwise harmful to the Platform or our user community.
By uploading content to the Platform, you grant us a non-exclusive, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute your uploaded content. This license allows us to facilitate the operation of the Platform, promote the Platform in any format, and improve our services.
You agree to indemnify, defend, and hold harmless Deforum LLC and its affiliates, officers, agents, employees, and partners from any claim, demand, loss, or expenses, including attorneys' fees, arising out of or related to the content you upload, your use of the Platform, or your violation of these terms.
The Platform may contain user-generated content; Deforum LLC does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such content. Under no circumstances will Deforum LLC be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or 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 Platform.
Governing Law: These Terms shall be governed and construed in accordance with the laws of California, without regard to its conflict of law provisions.
Changes: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.