• Terms & Conditions 

     

    These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and AI Art Workshop (“we,” “us” or “our”), concerning your access to and use of our website or application

     

    Please read this Agreement carefully before using the website or download, install, or start using the application.

     

    It is important that you read and understand this Agreement as by using the Website  or download, install, or start using the application you indicate that you have read, understood, agreed and accepted the Agreement. By using the Website or download, install, or start using the application you agree to abide by this Agreement.

     

    If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access and(/or) use the Website , download, install, or start using the application and you must promptly discontinue accessing and(/or) using the Website and Application.

     

     

    CHANGES TO THIS AGREEMENT

     

    We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the Website/Application after the date such revised Agreement is posted.

     

    RESTRICTIONS ON WHO CAN USE THE WEBSITE/APPLICATION

     

    In order to access and(/or) use the Website/Application, you must reach the age of majority or legal age in your applicable jurisdiction (i. e. in most jurisdictions you must be at least eighteen (18) years of age or older).

     

    All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to access and/or use the Website/Application, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to access and/or use the Website/Application, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agreed (get your parent or guardian’s consent) to this Agreement prior to your access and/or use the Website/Application; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

     

    Parents and guardians must directly supervise any access and(/or) use of the Website/Application by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent and/or immoral use of the Website/Application by their minors who have not reached the age of majority or legal age in the applicable jurisdiction.

     

     

    Any person under the age of thirteen (13) years is not permitted to download/install/access or use the Website/Application.

     

    You confirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

     

    GENERAL TERMS

     

    The Website/Application is developed for entertainment purposes and is intended only for your personal non-commercial use. You agree not to use the Website/Application for any illegal, inappropriate or unauthorized purpose or activity.

     

    PRIVACY POLICY

     

    Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to and(/or) using the Website/Application are subject to the Privacy Policy. By accessing and(/or) using the Website/Application, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop accessing and(/or) using the Website/Application. Please read our Privacy Policy carefully.

     

    PROHIBITED BEHAVIOUR

     

    You agree not to use the Website/Application in any way that:

     

    –    is unlawful, illegal or unauthorized;

     

    –    is defamatory of any other person;

     

    –    is obscene or offensive;

     

    –    infringes any copyright, database right or trademark of any other person;

     

    –    advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse. 

     

    You shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the Website/Application or any documentation concerning the Website/Application.

     

    You shall not transfer, lend, rent, lease, distribute the Website/Application, or use it for providing services to a third party, or grant any rights to the Website/Application or any documentation concerning the Website to a third party.

     

    Misuse of any trademarks or any other content displayed on the Website/Application is prohibited.

     

    You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the Website/Application, directly or indirectly, by way of a violation of our Intellectual Property Rights.

     

    Moreover, you shall not make any attempts to use the Website/Application or part thereof for malicious intentions.

     

    Also we are not responsible for the way you use the Website/Application.

     

    It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

     

    Additional restrictions related to the use of the AI models in the Website/Application.

     

    In addition, you agree not to use the Website/Application and/or User Content:

     

    -    In any way that violates any applicable national, federal, state, local or international law or regulation;

     

    -   For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;

     

    -    To generate or disseminate verifiably false information and/or content with the purpose of harming others;

     

    -    To generate or disseminate personal identifiable information that can be used to harm an individual;

     

    -    To defame, disparage or otherwise harass others;

     

    -    For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;

     

    -    For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;

     

    -    To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;

     

    -    For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;

     

    -    To provide medical advice and medical results interpretation;

     

    -    To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);

     

    IT IS ALSO STRICTLY PROHIBITED TO USE ANY COPYRIGHTED AND/OR TRADEMARKED MATERIALS AS INPUT CONTENT OR WHEN YOU ENTER ANY OTHER DATA WHILE USING THE WEBSITE/APPLICATION.

     

    Prohibition of objectionable User Content.

     

    It is strictly prohibited to upload, enter, create, generate, use, share, distribute or otherwise exploit any User Content that:

     

    -    is or may reasonably be considered to be illegal, defamatory, libelous, immoral, harmful, misleading, deceptive, fraudulent, indecent, hateful, racially or religiously biased or offensive, slanderous, obscene, pornographic, sexually explicit, or that encourages anyone to violate any local, state, national or international law;

     

    -    can abuse, harass, humiliate or intimidate any person or group;

     

    -    advocates, supports, promotes and/or assists discrimination based on any ground including but not limited to race, sex, religion, nationality, sexual orientation, disability, age;

     

    -    infringes any third party's copyright, patent, trademark, trade dress, trade secret or other intellectual property right(s) and/or publicity rights, and/or the right to privacy;

     

    -    demonstrates, promotes, depicts and/or incites crimes, offenses and/or violent acts;

     

    -    contains any malicious code, such as viruses, worms, Trojan horses or other potentially harmful programs, codes or material;

     

    -    encourages illegal use of weapons and dangerous objects, or facilitates the purchase of firearms or ammunition;

     

    -    breaches your contractual or fiduciary obligation(s) owed to a third party;

     

    -    otherwise violates any applicable law, rule, regulation or statute.

     

    Representations and warranties with respect to the Input Content uploaded by a user to the Website/Application.

     

    By uploading, submitting any Input Content to the Website/Application you represent, warrant and undertake to us the following:

     

    -    you are the author and/or exclusive copyright holder of all Input Content that you upload, submit via the Website/Application or you have obtained all necessary rights and permissions of the relevant owner of such content so that you have all relevant rights in your Input Content to enable you to use it within the Website/Application according to the terms of present Agreement;

     

    -    you have not licensed any rights in your Input Content that will be in conflict with your use of the Website/Application according to this Agreement;

     

    -    you have obtained permission for you to use and for us to use the image and likeness of each individual contained in the Input Content in accordance with the terms of this Agreement;

     

    -    your Input Content does not contain any third party materials that you do not have permission to use;

     

    -    your Input Content does not contain visible trademarks or you have appropriate permissions to use such trademarks as part of your Input Content within the limits prescribed by the present Agreement.

     

    Note that it is also strictly prohibited to upload, submit any Input Content that contains child photos, images or likeness.

     

    If the image of property is contained in your Input Content you represent and warrant that you have all appropriate permissions from the owners of such property to upload, submit such Input Content via the Website/Application and use it according to the terms of the present Agreement.

     

    Other general restrictions and terms related to the use of the Website/Application.

     

    You shall not make the Website/Application available to any third parties. In addition, you shall not modify, translate it into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works based on the Website/Application or any documentation related to it.

     

    You shall not transfer, lend, rent, lease, distribute the Website/Application, or use it for providing services to a third party, or grant any rights to the Website/Application or any documentation concerning the Website/Application to a third party.

     

    Misuse of any trademarks or any other content displayed on the Website/Application is prohibited.

     

    You shall not copy, duplicate, distribute, publish, use any content of the Website/Application, directly or indirectly, in a way that constitutes a violation of our Intellectual Property Rights.

     

    You shall not make any attempts to use the Website/Application or part thereof for malicious intentions.

     

    We are not responsible for the way you use the Website/Application.

     

    We are entitled to adopt, against any user who violates the present Agreement, any legal measures at our disposal pursuant to the applicable laws.

     

     

    END USER LICENSE AGREEMENT

     

    By using the Website/Application, you undertake to respect our intellectual rights (intellectual rights related to the Website’s/Application's source code, graphic design, user interface, look and feel of the Website/Application, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

     

    As long as you keep using the Website/Application, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the Website/Application pursuant to this Agreement (the “License”).

     

     

    You may use our Website/Application solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the Website/Application, you cannot sell pictures available on the Website/Application. 

     

    The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the Website/Application are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.

     

    These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.

     

    All rights, title and interest in and to the Website/Application and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of AI Art Workshop and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin.

     

    We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names displayed on the Website/Application or mentioned herein may also be the trademarks of their respective owners.

     

     

    AVAILABILITY OF THE WEBSITE/APPLICATION, SECURITY AND ACCURACY

     

    In order to use the Website/Application, you are required to have a compatible electronic device (computer, mobile phone or tablet) and Internet access. 

     

    We do not warrant that the Website/Application will be compatible with all hardware and software which you may use.

     

    We make no warranty that your access to the Website/Application will be uninterrupted, timely or error-free.

     

    You acknowledge that the Website/Application is provided via the Internet, therefore, the quality and availability of the Website/Application may be affected by factors outside our reasonable control. 

     

    We may add new features to the Website/Application, change, update, upgrade, modify it or anything described in it without noticing you. If the need arises, we may suspend access to the Website/Application, or close it indefinitely.

     

    You also warrant that any information that you submit or send us via the Website/Application is true, accurate and complete. 

     

    If you decide not to use the Website/Application for any reason you should stop accessing the Website/Application. 

     

    CHARGES

     

    Access to some services and/or additional features within the Apps presented on the Website requires paid subscriptions. The full list of Premium options and pricing is provided on the corresponding App’s page on AppStore or Google Play. You will have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription at least 24 hours before the end of the free trial period. When you cancel your subscription you will still have access to basic functions of the App. Premium options are available during the whole free trial period.       

     

    Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.

     

    Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your Apple ID account settings / Google Play account settings at least 24 hours before the end of the current period. Payment will be charged to your Apple ID / Google Play Account at confirmation of purchase. No cancellation of the current subscription is allowed during active subscription period. Subscriptions are managed by you. Learn more about managing subscriptions (and how to cancel them) on Apple support page / Google’s support page. Please note that removing the App from your device does not deactivate your subscription. 

     

    THIRD PARTY WEBSITES AND RESOURCES

     

    The Website/Application may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the Website/Application exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

     

    You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

     

    If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.

     

     

    DISCLAIMER OF WARRANTIES

     

    YOU AGREE THAT YOUR USE OF THE WEBSITE/APPLICATION SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE WEBSITE/APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCT, CONTENT OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE WEBSITE/APPLICATION OR ITS SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

     

    LIMITATION OF LIABILITY

     

    IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE/APPLICATION AND SERVICES PROVIDED BY THE WEBSITE/APPLICATION. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE WEBSITE/APPLICATION OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE WEBSITE/APPLICATION AND ITS SERVICES IN ANY COUNTRY.

     

     

    You also acknowledge and agree that your any use of the Website/Application or/and User Content is at your sole risk. You assume your full responsibility arising out of your use of the Website/Application and/or use, other exploitation, further sharing and distribution of any User Content. In addition, you hereby agree to hold harmless and indemnify us, our successors, assigns, licensees, partners, affiliates, officers, directors, employees from and against any and all claims, liabilities, complaints, losses, expenses and damages of any kind or nature arising out of your use of the Website/Application, any use, other exploitation, further sharing and distribution of User Content or out of your failure to comply with the terms of the present Agreement.

     

     

    We make no representations that the Website/Application is appropriate or available for use in other locations. Those who access or use the Website/Application from other jurisdictions do so at their own volition and are responsible for compliance with local law.

     

    If you choose to access or use the Website/Application , you are responsible for:

     

    a) ensuring that what you are doing in that country is legal; and

     

    b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations. 

     

    Are there any restrictions on the Input Content?

     

    You assume and bear all the risks related to your use of User Content. It is your sole responsibility to ensure compliance with the applicable laws while using User Content. Before you upload your Input Content make sure that:

     

    -    the image belongs to you or you have otherwise obtained the right to use it in the way that is technically allowed by the Website/Application;

     

    -    the image is legally and socially acceptable and does not go against public order;

     

    -    the image does not infringe any third party’s rights, including the copyright and the right to privacy.

     

    TERMINATION

     

    We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.

     

    Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all access and/or use of the Website/Application. 

     

     

    Contact Us

     

    If you have any questions or suggestions about this Terms of Use, please do not hesitate to contact us at: luckystar.timeless@gmail.com

     

     

     

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