Photo.ink - TERMS OF USE
- Acceptance of these Terms of Use
- Services
- Accounts
- Access to the Services
- Your Content
- Third Party Links and Advertisements
- Intellectual Property Rights
- Aggregated Anonymous Data
- Account Termination Policy
- Warranty Disclaimer
- Limitation of Liability
- Indemnity
- Assignment
- Entire Terms
- Severability
- Language
- Electronic Communications
By using or visiting the Photo.ink website(s) located at https://photo.ink, https://sketch2image.com or such other websites under Photo.ink which may be introduced from time to time (collectively known as “Photo.ink”) or any Photo.ink products and services provided to You from or through the Photo.ink website(s), its related mobile applications and such other products and services that may be introduced in the future (collectively the “Services”), You signify Your agreement (whether on behalf of Yourself or the entity that You represent) to the terms and conditions (“Terms of Use”) herein and Photo.ink’s Privacy Policy and Photo.ink’s Cookie Policy which are incorporated herein by reference.
If You do not agree to any of the terms in these Terms of Use, please do not access and/or use the Services.
You must be sixteen (16) years old or older to use or access the Services. If you are under sixteen (16) years old, Your use of the Services must be directly supervised by Your parent or guardian or another authorized adult (e.g. a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by anyone under sixteen (16) years old who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement.
Photo.ink may, in its sole discretion, modify or revise these Terms of Use at any time, and You agree to such modifications or revisions by Your continual usage of the Services. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
These Terms of Use set forth the legally binding terms and conditions that apply to all users of the Services, including users who contribute contents on the Services.
In order to use certain features of the Services, You will need to register for an account (“Account”) and provide accurate and complete information. You represent that (a) all information submitted by You is truthful and accurate; and (b) You will maintain the accuracy of such information. You are solely responsible for the activity that occurs on Your Account and You must keep Your Account password secure. You must immediately notify Photo.ink of any unauthorized use of Your Account or any breach of security. Photo.ink will not be liable for any loss or damage arising from the unauthorized use of Your Account and You may be liable for the losses of Photo.ink due to such unauthorized use.
You may delete Your Account at any time, for any reason, by following the instructions on the Service. Photo.ink may terminate Your Account in the event You have breached these Terms of Use.
Photo.ink reserves the right at any time, to modify, suspend or discontinue the Services with or without notice to You. You agree that Photo.ink will not be liable to You or to any third party for any modification, suspension or discontinuation of the Service. You further agree that Photo.ink will have no obligation to provide You with any support or maintenance in connection with the Service.
Unless otherwise indicated, any future release, update or other added functionality of the Services shall be subject to these Terms of Use.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Services in a manner not humanly possible. You agree not to collect or harvest any personally identifiable information, including account names from the Service or to use the communication systems provided by the Service for any solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Services with respect to their content on the Services.
“Your Content” means any and all information and content that You submit or use with the Services (including content found on Your profile or posts) and any derivative works which You have produced through the use of the Services.
As the Account holder, You may submit Your Content on the Services. You shall be solely responsible for Your Content and You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies You or any third party.
You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to use Your Content and You hereby grant Photo.ink an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display, perform and prepare derivative works and otherwise exploit Your Content and to grant sub-licences of the foregoing rights. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. You also agree that Your Content may be retained by us for a reasonable period of time for the purposes of: (i) improving or enhancing Photo.ink products and the Services to You; (ii) analysing and measuring the effectiveness of Photo.ink products, the Services (including our mobile applications); (iii) fulfilling contractual obligations; and for the (iv) compliance with legal obligations.
You further agree that Photo.ink is not responsible for the accuracy, currency, suitability, or quality of any user Content, whether provided by You or by other users. Any interaction between users are solely within the users and Photo.ink will not be responsible for any loss or damage incurred as the result of such interactions.
The Services may contain links to third party websites and/or advertisements for third parties. These websites and/or advertisements are not owned or controlled by Photo.ink and Photo.ink assumes no responsibility for the content, privacy policies, or practices of these websites and/or advertisements. In addition, Photo.ink will not and cannot censor or edit the content of any third-party website and/or advertisements. By using the Services, You acknowledge and agree that Photo.ink shall not be responsible for Your use of any third-party website and/or advertisements. Your use of all third-party websites and/or advertisements are at Your own risk, and You should apply a suitable level of caution and discretion in doing so. When You click on any of the third-party websites and/or advertisements, the applicable third party’s terms and policies applies, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any such third-party websites and/or advertisements.
You further agree that You are obtaining only a limited license to use and access the Service expressly set forth in these Terms of Use and that no ownership rights are being conveyed to You. Photo.ink retains all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Services, all related and underlying technology and documentation, and any derivative works or modifications. Further, You agree that the Services is offered as an on-line, hosted solution, and that You have no right to obtain a copy of any code underlying the Services. You may submit comments, questions, suggestions or other feedback relating to Photo.ink (“Feedback”) and You agree that Photo.ink may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any Feedback, bug reports or suggestions You provide to Photo.ink regarding the Services, without any obligation, royalty or restriction based on intellectual property rights or otherwise.
For the usage of artificial intelligence systems (“AI”), you understand and acknowledge that similar or identical creations may be created by other parties using their own prompts, and you also understand that all AI creations are fiction and are not intentionally related to a real person.
Notwithstanding anything to the contrary herein, You agree that Photo.ink may use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from customer data and any other data related to the Services, including, but not limited to, using such data for any internal business purpose, and for the improvement, support, and operation of the Services, and/or the development of other products or service capabilities. You further agree that Photo.ink may disclose to third parties aggregate data derived from customer data or from any other data related to the Services (including information regarding users’ interaction with the Service), so long as such aggregate data is not personally identifiable with respect to the user, subject to the applicable data protection laws. Further, all service data, usage data and other data that does not identify a user and any data that is derived from the customer data and all data, reports, derivative works, compilations, modifications and other materials created by Photo.ink from or with use of such data will be, in each case, the sole and exclusive property of Photo.ink; and You hereby assign all of Your title and interest, if any, in and to such items to Photo.ink without any fees and without rights to future royalties.
Subject to this section, these Terms of Use will remain in full force and effect while using the Services. Photo.ink will terminate Your access to the Services if, under appropriate circumstances, You are determined to be a repeat infringer.
Photo.ink reserves the right to decide whether Your Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography or obscenity. Photo.ink may at any time, without prior notice and in its sole discretion, remove such content and/or terminate Your Account for submitting such material in violation of these Terms of Use.
ALL Photo.ink WEBSITE, CONTENT, TOOLS AND/OR SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Photo.ink, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. Photo.ink MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE Photo.ink WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE Photo.ink WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 SERVICE. Photo.ink DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Photo.ink WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE USAGE OF AI IS A NEW TECHNOLOGY AND IT DOES NOT ALWAYS WORK AS EXPECTED. NO GUARANTEES ARE MADE AS TO THE QUALITY, ACCURACY, SUITABILITY AND RELIABILITY OF THE RESULTS.
YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE Photo.ink WEBSITE AND/OR SERVICES, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.
IN NO EVENT SHALL Photo.ink, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT,OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT Photo.ink SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Photo.ink, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) Your use of and access to the Services; (ii) Your violation of any of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) Your violation of applicable laws or regulations; or (v) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive the termination of these Terms of Use and/or Your use of the Services. Photo.ink reserves the right to assume the defense and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defense of these claims.
The parties are independent contractors and no employment, agency, or joint venture is created hereunder. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Photo.ink without restriction.
These Terms of Use constitutes the entire agreement between You and Photo.ink regarding its subject matter and supersedes any previous written or oral agreement between You and Photo.ink. Should any provision of these Terms of Use be held to be void or invalid, that fact will not affect any other provision, and the remainder of these Terms of Use will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Failure by either party to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision. The explanations in the FAQ, tutorials, courses, and any other explanations and content provided in https://photo.ink are for Your information only are not, and shall not be construed as, part of these Terms of Use.
Unless as otherwise stated in these Terms of Use, should any provision of these Terms of Use be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Use, and the application of that provision shall be enforced to the extent permitted by law.
These Terms of Use is written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing these Terms of Use, the English version shall prevail.
You agree that the communications between You and Photo.ink uses electronic means. For contractual purposes, You (a) consent to receive communications from Photo.ink in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Photo.ink provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.
