Date of Last Revision: November 16, 2023
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.art,
3) Other related services and features provided by Deforum (collectively, the "Platform").
Your access to and use of the Platform is conditioned upon your acceptance of and compliance with this Agreement.
Our Platform: Deforum offers a cutting-edge platform for creating digital art through AI algorithms. Users can generate artwork ("Output") based on their inputs, which may include text descriptions, style preferences, and uploaded images.
Registration: To access certain features, users must register an account, providing accurate and truthful information. You are solely responsible for maintaining the confidentiality of your account and for all activities that occur under your account.
Age Restriction: The Platform is intended for users who are at least 18 years of age. Individuals under the age of 18 are prohibited from creating an account or using the Platform.
Privacy Policy: Your use of the Platform is also governed by our Privacy Policy, available here, which outlines our data handling practices.
Use of Platform: The Platform is provided on an "as is" and "as available" basis. You agree to use the Platform only for lawful purposes and in accordance with this Agreement.
Content Ownership: You retain all rights to the original content you provide. You also own the Output generated from your content, excluding any third-party materials that may be included.
Intellectual Property: We respect intellectual property laws and expect you to do the same. You must not use the Platform to infringe upon the intellectual property rights of others.
User Conduct: You agree not to use the Platform for any unlawful purpose, to spread malware, create explicit or NSFW content, or to engage in any activity that violates the rights of others or that is harmful, threatening, abusive, or defamatory.
Subscription and Fees: Certain features of the Platform may be available only under a paid subscription. The specific terms of subscriptions and any associated fees will be communicated to you
at the point of subscription or service upgrade.
Payment Terms: You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
Refunds and Cancellations: Subscription fees are non-refundable except as expressly provided in these Terms.
Rights in Platform Content: The Platform and its original content, features, and functionality are and will remain the exclusive property of Deforum LLC and its licensors.
Use of Trademarks: The Deforum name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Deforum LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Deforum LLC.
Termination by You: You may terminate your account at any time by contacting us at hello@deforum.art or via the User Dashboard.
Termination by Us: We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Terms.
Disclaimer: Your use of the Platform is at your sole risk. The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. Deforum LLC makes no warranties, may it be expressed or implied, therefore negates all other warranties.
Limitation of Liability: In no event will 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 your access to or use of or inability to access or use the Platform.
Deforum LLC respects the intellectual property rights of others and expects its users to do the same. We have established the following procedure for addressing concerns regarding alleged copyright infringement.
Notice of Alleged Infringement (DMCA Notice):
If you believe that your copyrighted work has been reproduced on our platform in a way that constitutes copyright infringement, you should notify Deforum LLC of your infringement claim in accordance with the procedure outlined below.
To file a notice of infringement with us, please provide a written communication that includes the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed.
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.
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 email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send this written communication to Deforum LLC's designated Copyright Agent at the following address: hello@deforum.art
Counter-Notice:
If you believe that your content was removed or access to it was disabled by mistake or misidentification, you can file a counter-notice with 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.
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.