AI generated images license
These terms of service (and any other terms or information incorporated into them by reference) (collectively the "Terms") govern your access and use of the STOCKLIB AI services.
By using the Services, you are representing that you are of a legal age to enter into a binding contract in your legal jurisdiction and agreeing to these Terms. If you are using the Services on behalf of a business or other entity, you also represent that you have authority to bind them to these Terms. If you are not of legal age, do not agree to these Terms, or do not have that authority, you must not access or use the Services and any use would be wholly unauthorized and in violation of these Term
The Services are provided by STOCKLIB to provide creative generative tools for our users to express their creativity to produce user-generated images from text prompts ("Content"). The Services use an artificial intelligence ("AI") tool to generate this Content. This use of AI is relatively new and still evolving. As a result, while we have taken — and continue to take — efforts to preclude your creation of extreme content, we cannot guarantee the suitability or appropriateness of the resulting images you generate. You are solely responsible for your use of the Services, including your text prompts, generation of Content, and the consequences of your Content Sharing.
Allowed Uses
You may use generated content worldwide, for an unlimited time, on Blogs and Websites, Advertising campaigns, Newsletters, Annual reports, Presentations, E-commerce and multimedia, Social networks and Social media, Press, Publishing, Video games, Mobile applications, Film/TV production, Postcards, Posters, Mugs, Templates, Web applications, T-shirts, Stationery, Packaging.
Prohibited Uses
We want you to use the Services to express yourself and to develop Content that you find interesting, but not at the expense of the safety and well-being of others. Accordingly, you may not, or assist any other person to:
Violate these Terms, the License, or other policies applicable to the Services;
Include sensitive personal information (such as phone numbers, residential addresses, health information, social security numbers, driver's license numbers, or other account numbers) about yourself or any other person;
Violate the privacy, publicity, or other rights of any third party;
Further or promote criminal activity or enterprise or provide instructional information about illegal activities;
Generate any Content or engage in Content Sharing that a reasonable person could find obscene, lewd, lascivious, offensive, pornographic, indecent, vulgar, prurient, excessively violent, or to be a glorification or promotion of violence or a celebration of the suffering or humiliation of any person or class of people (whether living or deceased) (including visible genitalia, bare breasts, fully-nude buttocks, depictions of suicide or explicit sexual activity, fetishistic content, bodily fluids, bestiality, or imagery that shows violent death or acts of torture);
Generate Content or engage in any Content Sharing that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors ("Children"), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way;
Generate Content or engage in any Content Sharing that may exploit any vulnerabilities, offend human dignity or may otherwise be defamatory, libelous, harassing, threatening, embarrassing, disparaging, distressing, hateful — racially, ethnically, or otherwise — to a person or class of people, or which may be discriminatory towards a person's or class of people's race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm;
Use the Services or any Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;
Generate Content or engage in any Content Sharing that is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Content or its dissemination is unlawful;
Upload any materials that: (i) infringe any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under any contractual or fiduciary relationship;
Upload any material, program, or software that contains any virus, worm, spyware, Trojan horse or other program or code designed to interrupt, destroy or limit the functionality of the Services, launching a denial of service attack, or in any other way attempting to interfere with the functioning and availability of the Services;
Interfere with or disrupt the Services or servers or networks connected to the Services;
Access or otherwise obtain any materials or information through any means not intentionally made available or provided for by STOCKLIB to you through the Services;
Use the Services (a) for fully automated decision making that adversely impacts an individual's legal rights or otherwise creates or modifies a binding, enforceable obligation; (b) to provide medical advice or medical results interpretation; or (c) Generate Content or engage in Content Sharing 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);
Use the Services in any way that violates any applicable national, federal, state, local or international law or regulation; or
Attempt to do any of the above.
Any violation of these terms may result in the suspension or termination by us, in our sole discretion, of your access to and use of the Services (including a permanent ban and you will forfeit any remaining credits and fees paid for the services). We MAY CHANGE the Services in our sole discretion. we will endeavor to provide reasonable notice of any suspension, termination, or change to you, but may do so without notice if in our sole judgment, we need to make changes to comply with law, protect or enforce legal rights, avoid or mitigate misuse of the Services or adverse legal or regulatory impacts on us, or otherwise to address or prevent an emergency. If we disable your account for a violation of the Terms or any other reason based on your conduct, you may not create another account without our express permission, which we may withhold in our sole discretion. if we let you create a new account, it does not imply that our prior decision to disable your account was wrong or without cause.
Indemnity
You will indemnify, defend and hold harmless Stocklib and its affiliates, shareholders, officers, directors, employees, agents, and representatives from and against any and all claims, including all damages, judgments, costs and expenses (including, reasonable attorneys' fees) ("Claims"), arising out of and relating to (a) intellectual property infringement claims made against STOCKLIB concerning your inputs to the Services, (b) your use of the Services, including your access to, use of, or misuse of the Services, Content, Content Sharing, or (c) your violation of these Terms (including use of the Services in violation of these Terms).
Disclaimer
The Services are provided ON AN "as is" AND "AS AVAILABLE" BASIS. Except to the extent prohibited by law, we make no warranties (express, implied, statutory, or otherwise) with respect to the Services or content, and disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, TITLE, AND non-infringement. STOCKLIB MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
STOCKLIB reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that STOCKLIB will not be liable to you or to any third party for any modification or discontinuance of the Services, except as set forth in the "Limitation of Liability" section below.
You understand that we are not responsible for any activities or legal consequences of your use of the Services. Users are responsible for using the Services in compliance with all applicable laws and regulations of the jurisdictions in which such users are domiciled, reside, or are located at the time of such access or use, the jurisdictions into which such users direct any Content Sharing, as well as these Terms.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER STOCKLIB NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STOCKLIB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT; (C) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL STOCKLIB'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE AMOUNT OF CREDITS CONSUMED BY THE SERVICE IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or these Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN CATEGORIES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Changes to these Terms
We may change or modify these Terms by posting a revised version on the STOCKLIB website or by otherwise providing notice to you, and will state at the top of the revised Terms the date they were last revised. Changes will not apply retroactively and will become effective no earlier than fourteen (14) calendar days after they are posted, except for changes addressing new Service functions or changes made for legal reasons, which will be effective immediately. Your continued use of the Services after any change means you agree to the new Terms.
