By accessing and using the website promoting and selling exclusive and non-exclusive AI-generated art (the "Service"), you agree to be bound by these terms and conditions (the "Terms"). If you do not agree to these Terms, please do not use the Service. The Service is provided by Pai.Studio, and these Terms apply to all users of the Service, including users who are also contributors of content, information, and other materials or services on the Service.
Accounts and Registration:
To access certain features of the Service, you may be required to create an account. You agree to provide accurate and complete information when creating your account, and to promptly update your account information as needed. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. You must immediately notify Pai.Studio of any unauthorized use of your account or any other breach of security.
Contests, Sweepstakes, and Promotions:
From time to time, Pai.Studio may offer contests, sweepstakes, or other promotions on the Service. These promotions are subject to their own specific terms and conditions, which will be posted on the Service in connection with the applicable promotion. By participating in any promotion, you agree to comply with the applicable terms and conditions.
User Content:
The Service allows users to upload, publish, and share content, including but not limited to AI-generated art, images, text, and other materials (collectively, "User Content"). You retain all rights in, and are solely responsible for, the User Content you submit to the Service.
By submitting User Content to the Service, you grant Pai.Studio a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Pai.Studio's 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 grant each user of the Service a non-exclusive license to access and use your User Content through the Service, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Service and under these Terms.
You represent and warrant that you have all rights necessary to grant the licenses set forth in this section, and that your User Content does not infringe the rights of any third party.
Intellectual Property; License to Users:
The Service, including without limitation the software, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Pai.Studio and/or its licensors, and is protected by applicable intellectual property and other laws, including without limitation copyright, trademark, and patent laws.
Subject to your compliance with these Terms, Pai.Studio grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use. You may not use any of Pai.Studio's trademarks, trade names, or service marks in connection with any product or service that is not Pai.Studio's, or in any manner that is likely to cause confusion among users of the Service, or in any manner that disparages or discredits Pai.Studio.
Restrictions on Use of the Service and Content:
You agree not to use the Service or any content or information contained therein for any unlawful purpose, or in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You also agree not to attempt to gain unauthorized access to the Service or any part thereof, or to interfere with the proper working of the Service.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, software, materials, or services included on the Service except as expressly permitted in these Terms or with the prior written consent of Pai.Studio. You may not use any data mining, robots, or similar data gathering or extraction methods to access or use any part of the Service or its content.
Violation of Terms and Termination of Use:
Pai.Studio reserves the right, in its sole discretion, to terminate your access to all or part of the Service at any time, with or without notice, if you fail to comply with these Terms, or for any other reason. Upon termination, all licenses granted by Pai.Studio will terminate, and you must immediately cease using the Service.
Notice of Infringements:
If you believe that your intellectual property rights have been infringed upon by any content on the Service, please provide a written notice of infringement to Pai.Studio's designated agent for notice of claims of infringement, as set forth in the Digital Millennium Copyright Act ("DMCA"). Pai.Studio's designated agent for notice of claims of infringement can be reached at [contact information].
Disclaimer of Warranty; Links to other third-party sites:
THE SERVICE AND ALL CONTENT, MATERIALS, AND INFORMATION PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND. Pai.Studio DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE SERVICE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES OR RESOURCES. Pai.Studio DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, SERVICES OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES.
Liability:
We will not be held liable for any damages, whether direct, indirect, incidental, or consequential, arising from the use of our website or any of the artwork sold on our website. We do not guarantee the accuracy, completeness, or timeliness of any information available on our website. It is your responsibility to ensure that any artwork you purchase is suitable for your intended use.
Indemnification:
You agree to indemnify and hold us harmless from any claim, demand, or damage, including reasonable attorneys' fees, arising out of your use of our website or any of the artwork sold on our website.
Data Protection:
We take data protection seriously and will only use your personal information in accordance with our Privacy Policy. By using our website, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
Place of Jurisdiction:
These terms and conditions shall be governed by and construed in accordance with the laws of MAINE, without giving effect to any principles of conflicts of law. Any dispute arising out of or related to these terms and conditions shall be subject to the exclusive jurisdiction of the courts located in PORTLAND, MAINE.
Miscellaneous:
We reserve the right to make changes to our website and these terms and conditions at any time without notice. Any such changes will be effective immediately upon posting on our website. If any provision of these terms and conditions is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision. These terms and conditions constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and us regarding the use of our website and the purchase of artwork.
SIMPLIFIED TERMS
- Acceptable Use
You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website. You may not use our website in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use of our website.
- User Content
You are responsible for any content that you post on our website, including comments, feedback, and reviews. By posting content on our website, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised.
- Copyright and Intellectual Property
All content on our website, including text, graphics, logos, images, and software, is the property of our website or its content providers and is protected by international copyright and intellectual property laws. You may not copy, modify, reproduce, distribute, transmit, or otherwise exploit any content on our website without our prior written consent.
- Disclaimer of Warranties
Our website and all content, materials, information, products, and services provided on our website are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- Limitation of Liability
In no event shall our website or its affiliates, directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of our website or the inability to use our website, even if we have been advised of the possibility of such damages. Your sole remedy for dissatisfaction with our website is to stop using our website.
- Indemnification
You agree to indemnify, defend, and hold harmless our website and its affiliates, directors, officers, employees, and agents from and against any claims, actions, suits, or proceedings, as well as any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of our website.
- Modifications to Terms of Service
We reserve the right to modify these Terms of Service at any time without prior notice. Your continued use of our website constitutes your acceptance of any changes to these Terms of Service.
- Governing Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of MAINE, and any disputes arising out of or in connection with these Terms of Service shall be resolved in the courts of MAINE.
