Terms & Conditions

Introduction

Takin.AI is a social learning and sharing platform for free-to-use, high-quality AIGC (AI-powered Generated Content). We (DataMonet LLC, a USA corporation) operate the Takin.AI website at takin.ai (the “Site”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”) with the goal of celebrating and enabling contributors and fostering creativity in our community. Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and Takin.AI to be bound by the terms and conditions in these Terms of Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR OR OTHERWISE USING THE SERVICE, YOU ARE TELLING US THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING OUR PRIVACY POLICY (TOGETHER, THESE “TERMS”). If you don’t agree with anything we propose in these Terms, please don’t (and you don’t have our permission to) use any part of the Service.

THIS PART IS REALLY IMPORTANT: These Terms require that if we get into a dispute with you relating to the Service (or vice versa), unless you live in the United Kingdom or the European Union, the dispute will be resolved by BINDING ARBITRATION. This means that YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO SUE US (OR BE SUED BY US) UNDER THIS CONTRACT (except for some disputes that can be taken to small claims court). Our disputes will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and you cannot start or join a class action lawsuit. Have a very careful read through Section 18 for the actual details regarding our agreement to arbitrate, which we’ve tried to make fair to our users.

Eligibility

The Service is designed for use by people who are at least 13 years old. If you are not yet 13, then you can’t use the Service. If you are 13 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations. If you are using the Service on behalf of a company, organization, or other kinds of entity, you represent to us that you have the authority to bind the organization to these Terms on its behalf.

Accounts and Registration

When you use the Service, you have the opportunity to register an account. We suggest you register an account, because creating an account on the Service gives you access to special features around discovery, downloading, and contributing to the community. If you do, we ask that you give us some information about yourself as part of the registration process, some of which is required in order to register the account. You promise that all the information you provide is accurate and that you will keep it accurate and up-to-date in the future. We also ask you to provide a password to protect the security of your account. You are responsible for keeping your password safe and confidential. Any activity that happens under your account will be your responsibility. If ever you think that your account may no longer be secure, you need to notify us immediately at support@takin.ai.

Limited License to Use the Service (but not the Assets)

Conditioned on your continued compliance with these Terms, we grant you permission to access the Service only for your personal use.

License to Assets

One of the best features of the Service permits you to search, view, and download content that has been uploaded by Takin.AI users (“Assets”). You may download and use Assets from the Service in accordance with, and subject to, the Takin.AI License. We encourage you to familiarize yourself with the Takin.AI License, as well as the accompanying FAQs. To be sure you don’t miss it, here’s the crux of the license:

Takin.AI grants you an irrevocable, nonexclusive, worldwide copyright license to download, copy, modify, distribute, perform, and use Assets from Takin.AI for free, including for commercial purposes, without permission from or attributing the author or Takin.AI, but this license does not include the right to compile assets from Takin.AI to replicate a similar or competing service.

This means that Assets on the Service come with a very, very broad copyright license under the Takin.AI License. This is why we say that they are “Free to Use.” Note that the Takin.AI License does not include the right to use:

Trademarks, logos, or brands that appear in Assets
People’s images if they are recognizable in the Assets
Works of art or authorship that appear in Assets

If you download Assets with any of these depicted in them, you may need the permission of the brand owner of the brand or work of authorship or individual depending on how you use the Assets. Please see our FAQs for more information and, if you still aren’t sure, you should probably talk to a lawyer who knows about these things.

User Content

YOU OWN ALL OF YOUR USER CONTENT, INCLUDING ANY ASSETS THAT YOU UPLOAD TO THE SITE.

At a High Level. The Service lets you upload and post your ASSETS, as well as written text, images, web links, location information, and other content (“User Content”). Any User Content that you make available on the Service will belong to you or your licensors. We will not claim any ownership in your User Content–it is completely, 100%, yours.

Limited License to Us. You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute your User Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You understand that we will not pay you for any use of your Assets and that your Assets will be made available to the public for their use without providing you attribution or compensation. Authority. When you upload Assets to the Service, in addition to the license that you grant us to post the Assets publicly and permit other Takin.AI users to download and use them, you also authorize us under your copyrights to enforce any violations of the sublicenses we grant in the Assets to others. In other words, if a Takin.AI user misuses one of your Assets downloaded from the Service, you authorize us to enforce your copyrights in the Assets on your behalf. If you are interested in learning more about this, please see our FAQs.

Representations and Warranties. You are solely responsible for your User Content and any consequences that occur because you’ve uploaded or posted the User Content on the Service. Each time you upload or post publish User Content, you represent and warrant to us that:

You are the creator and owner of the User Content or have all necessary rights from other people or companies to use, and permit other users to use, your User Content on the Service as envisioned in this Section 6; and Your User Content (including as used by you, us, or other users of the Service) does not and will not infringe or misappropriate any third-party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame, or libel anyone. In other words, your User Content must be your original work and you must have the permission of any third parties that have rights to the User Content before you upload or post the User Content to the Service.

Disclaimer. There is no reasonable way for us to monitor all of the User Content that gets uploaded to or posted on the Service, and we are under no obligation to you or the other users to monitor, edit, or control the User Content that you and other users upload or post to the Service. This means that we are not responsible for any User Content on the Service and you agree not to make any claims against us on account of User Content. That said, we may at any time remove, edit, screen, or block any User Content from the Service (without notifying you first) for any reason, including if we think the User Content violates these Terms or is otherwise objectionable. When you use the Service, you will be exposed to the User Content of other users, some of which may be offensive, inaccurate, or indecent. We may investigate claims alleging that User Content violates these Terms and, in those cases, we alone will decide what actions to take (if any) regarding the User Content in question.

Prohibited Conduct

BY USING THE SERVICE YOU AGREE NOT TO:

Use the Service for any illegal purpose or in violation of any laws or regulations;
Violate or encourage others to violate third-party rights, including the infringement or misappropriation of intellectual property rights;
Upload, post, or publish any User Content that is unlawful, defamatory, libelous, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
Interfere with the security features of the Service (e.g., don’t disable or circumvent features that limit your use or copying of any User Content or reverse engineer the Service to discover the Source Code of the Service);
Interfere with our operation of the Service or another user’s use of the Service (this means don’t upload or spread any viruses, adware, or spyware, don’t make unsolicited offers or promotions, don’t collect other people’s personal information, and don’t interfere with the networks or equipment that we use to provide the Service);
Perform fraudulent activities, such as impersonating another person or lying about your date of birth;
Sell copies of Assets without first significantly or meaningfully updating, modifying, or otherwise incorporating new creative elements into the Photos beyond simple retouches, resizing, or other minimal changes so long as they are not done by automated means (i.e., selling unaltered, slightly altered, or altered by automatic script copies of the Assets), including selling them as prints or printed on physical goods;
Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism;
Except for use of the Takin.AI API in accordance with our API Terms, access the Service using any bots, spiders, scripts, crawlers, scrapers, or other automated tools or applications (other than your web browser or any mobile app that we may publish);
Copy the look and feel of the Site or access, download, copy, modify, distribute, perform, or use any Assets to create a similar or competitive service or to contribute the Photos to an existing similar or competitive service;
Transfer your rights to use the Service or to view, access, or use any Materials; or
Attempt to do, or assist anyone else to do, any of these things.

Other Companies' Services and Linked Websites

You may find tools on the Service that let you send information, including User Content, to other companies’ services, such as through features that allow you to link your account on the Service with an account on another service (e.g., Twitter or Facebook or the implementation of other companies’ like or share buttons). If you use these tools, you permit us to send this information to the other companies’ services and you acknowledge that we are not responsible for the other companies’ use of this information because, well, we don’t control them at all. You may also find links to other websites not operated by us on the Service. These websites are also not under our control, so please use your discretion when you leave the Service.

Termination of Your Account

If you breach any of these Terms, your permission to use the Service will terminate automatically.

Additionally, we may terminate your account on the Service or suspend or terminate your access to the Service at any time (with or without notice) without liability to you.

We may update, modify, or even discontinue the Service at any time without notice to you.

Privacy Policy and Additional Requirements

We take privacy seriously, and we want you to know what information we are collecting from you and how we are using it. Please read our privacy policy (the “Privacy Policy”) carefully. The Privacy Policy is incorporated into these Terms as part of our agreement.

Additionally, we may notify you of additional requirements that you need to follow when using the Service, including the Takin.AI License (the “Additional Policies”). These requirements could be things like acceptable use policies or community guidelines. Any Additional Policies that we post on or link to the Service are incorporated into these Terms as part of our agreement.

Modifying these Terms

We may, at times, make changes to these Terms on 7 days’ notice. If and when we do, we will make reasonable efforts to notify you of the changes. We may provide these notices through a pop-up banner, by sending an email to an email address associated with your account on the Service, or in some other way, and we will let you know when the new version of these Terms will go into effect. If you don’t accept the new Terms that we are proposing, we may cancel your account immediately and terminate your access to the Service. If we have any disputes regarding the Service, they will be resolved in accordance with the version of these Terms that was in effect when the dispute arose.

Ownership of the Service

DataMonet LLC owns and operates the Service. All of the software, visual interfaces, graphics, designs, information, and all other elements of the Service (the “Materials”) that we provide are protected by intellectual property and other laws. We own all of the Materials contained in the Service and you cannot use the Materials except as you are specifically permitted under these Terms.

Indemnity

You are responsible for your use of the Service. You agree to defend and indemnify us, including our directors, officers, employees, consultants, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms or any law or regulation; (iii) your violation of anyone’s rights, including intellectual property rights; or (iv) any disputes between you and a third party. If you do have to defend us, we will have the right to assume exclusive control of the matter (without limiting your indemnification responsibilities) and, if that happens, you will cooperate with our defense of the claim.

Disclaimer & No Warranties

WE PROVIDE THE SERVICE, AND ALL CONTENT THAT’S AVAILABLE THROUGH THE SERVICE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.

YOU USE THE SERVICE AT YOUR OWN RISK AND ASSUME ALL RISK FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR INTERACTIONS WITH OTHER SERVICE USERS, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE CONTENT.

THE LAW IN SOME PLACES PROHIBITS A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY DEPENDING ON WHERE YOU RESIDE. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. IN THE UNITED KINGDOM AND THE EUROPEAN UNION, THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR OUR OBLIGATION TO PERFORM THE SERVICE WITH REASONABLE CARE AND SKILL OR FAILURE TO PERFORM THE SERVICE IN ACCORDANCE WITH INFORMATION PROVIDED ABOUT US OR THE SERVICE.

General

These Terms, along with the Privacy Policy and the other policies that are incorporated into these Terms, are the entire agreement between you and us regarding your use of the Service. These Terms can only be amended by a written agreement signed by both you and us. You are not allowed to assign or transfer these Terms, or transfer your account on the Service, to any other person or company without our consent, including any transfer that you want to make in connection with a corporate acquisition. We may assign these Terms with or without notice to you. Any delay or failure to enforce any rights under, or require your compliance with, these Terms will not affect our right to enforce the rights or require your compliance at a later time. If we waive any breach by you of these Terms, we will not be waiving any subsequent breach or your obligation to comply with any terms that you breached. We’ve included paragraph and section headings for ease of reference, but these headings do not affect the interpretation of these Terms. In the event that any part of these Terms is determined by a judge or arbitrator to be unenforceable, the unenforceable part will be given effect as much as possible and the remaining parts will remain in full force and effect. When these Terms are terminated, any provision that by its nature should survive (or that specifically states that it will survive) will survive the termination.

Consent to Electronic Communications

You consent to receive electronic communications from us as described in our Privacy Policy. Please read our Privacy Policy to learn about your choices regarding our electronic communications practices. We may send you any notices, agreements, disclosures, or other communications to you electronically.

Contact Information

The Service is offered by DataMonet LLC located in Delaware, USA. You can reach us by emailing us at support@takin.ai.

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