Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
Websige means : pornsea.ai and all other domains owner by pornsea.
Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to PornSea.AI.
Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
Service refers to the Website.
Pro mode refers to the paid subscription.Private Mode refers to a feature available only to Pro users.
Free mode refers to the service that is free to use.Image Generation Service refers to the underlying AI that generates images.
Subscriptions refer to the services or access to the Service offered on a subscription basis by PornSea.AI to You.
Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and PornSea.AI regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
Website refers to PornSea.AI, accessible from PornSea.AI
You means the inpidual accessing or using the Service, or PornSea.AI, or other legal entity on behalf of which such inpidual is accessing or using the Service, as applicable.Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and PornSea.AI. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.You represent that you are over the age of 18. PornSea.AI does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of PornSea.AI. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Licensing
Subject to your compliance with this Agreement, the conditions herein, and any limitations applicable by law:For Pro mode users using "Private Mode":
(i) You are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or personal use.
(ii) You own all assets created with the Service.
(iii) All rights, title, and interest in and to such assets are assigned to you for your personal or commercial use.
(iv) Each person must have a unique Pro account and is responsible for any activity conducted on their account.
(v) A breach or violation of any of these terms may result in an immediate termination of the right to use the Service.
For Free mode users (or Pro mode users not using Private Mode):
PornSea.AI reserves all rights to the assets created with the Service but allows users to share the assets on other websites subject to the following conditions:
(i) The user must provide proper attribution to PornSea.AI. The presence of the PornSea.AI watermark on the images shall be considered proper attribution and satisfy the requirement for proper attribution for sharing the assets on other websites.
(ii) The sharing must not violate any laws or infringe upon the rights of any third parties.
(iii) The user must not use the assets for commercial purposes without PornSea.AI's express written consent.
Please note that these conditions are in addition to the terms outlined in the original agreement and must be fully complied with. Any breach or violation of these conditions may result in the termination of the user's right to share the assets on other websites.
Subscriptions and Payments
Subscription Period for Regular Payments
Our Service offers multiple subscription durations:
1 month
3 months
6 months
12 months
You will be billed in advance based on the duration you choose. Unless canceled by you or PornSea.AI, your Subscription will auto-renew at the end of each cycle, maintaining the same terms and conditions.
BuyMeACoffee (and, or any other type of crowdfunding website) Subscriptions
For those who prefer the BuyMeACoffee platform, we offer a monthly-based subscription model. This allows for recurring monthly payments to be made with ease.
Crypto Pass Payment
For those interested in cryptocurrency payments, here's what you should know:
Non-refundable: Minting a Crypto Pass is final, and no refunds will be offered.
Blockchain Platforms: You can mint a Crypto Pass on several blockchain platforms, such as ETH, Polygon, and BSC. PornSea.AI holds the right to adjust, introduce, or remove any supported platforms as deemed necessary.
Manual Renewal: If you choose a crypto subscription, you will need to renew it manually at the end of your chosen duration.
Wallet Connect: We utilize Wallet Connect, a universal wallet connector supporting a wide range of wallets. Centralized Exchanges (CEX) are not supported. Wallets that are compatible include:
Metamask
Trustwallet
Rainbow Wallet
Argent Wallet
Coinbase Wallet
Fortmatic
Torus
And many more. It's essential to ensure your wallet is compatible with Wallet Connect.
Payments are facilitated via Wallet Connect. Ensure that you're equipped to manage and secure your crypto assets responsibly.
Liability: PornSea.AI doesn't bear responsibility for any adverse events, losses, or damages that may emerge from your crypto transactions or holdings. Always practice caution and be informed when managing your digital assets.
Subscription cancellations
You may cancel Your Subscription renewal either through the BuyMeACoffee(and, or any other type of crowdfunding website) settings page or by contacting PornSea.AI. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.
Rate Limits
PornSea.AI reserves the right to implement rate limits for users of the Service, both Pro and Free, in order to maintain the functionality and performance of the site. These rate limits may include restrictions on the frequency and volume of requests made to the Service and may be adjusted from time to time at the sole discretion of PornSea.AI. Users agree to abide by any rate limits imposed and acknowledge that exceeding such limits may result in temporary or permanent suspension of their access to the Service.
Billing
You shall provide PornSea.AI with accurate and complete BuyMeACoffee(and, or any other type of crowdfunding website) account information. You shall promptly update your BuyMeACoffee account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.
Fee Changes
PornSea.AI, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
PornSea.AI will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of PornSea.AI.Rules and Conduct
The Image Generation Service is intended for personal use only and may not be used for commercial purposes without the express written consent of PornSea.AI.You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Image Generation Service or any part thereof.
You may not redistribute the Image Generation Service or make it available to others in any way, unless specifically authorized by PornSea.AI in writing.
Any unauthorized commercial use, reproduction, distribution, public performance, or public display of the Image Generation Service may result in the termination of your right to use the Image Generation Service and may also infringe upon the rights of PornSea.AI and/or third parties.
Your Feedback to Us
You assign all rights, title, and interest in any Feedback You provide PornSea.AI. If for any reason such assignment is ineffective, You agree to grant PornSea.AI a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by PornSea.AI.
PornSea.AI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that PornSea.AI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
User Interactions
You are fully responsible for your communications with other users. Always exercise caution, use sound judgment, and be discreet about sharing personal information. Even though we might provide features like reporting or blocking users, your safety remains your responsibility. We may reach out to ensure you comply with our terms. If there's any suspicious activity on your account, provide us full access for a thorough investigation.
Handling Copyright Infringements
We respect intellectual property rights. If you think your rights have been violated:
- Send a detailed claim to [email protected] with the subject “Copyright Infringement.”
- Your claim must include:
- A signed authorization of the copyright holder.
- A clear description of the infringed copyrighted work.
- Location of the alleged infringed material on our site.
- Your contact details.
- A declaration that the complaint is made in good faith.
- An affirmation, under penalty of perjury, of the accuracy of the information provided.
We reserve the right to take appropriate actions upon a valid claim, including content removal, notifying the accused, or terminating repeat infringers.
Personal Use Guideline
You can use User Generated Content (UGC) for personal, non-commercial reasons unless specified otherwise by the content creator.
Our Content Policy
Ensure that any content you upload or share:
- Belongs to you or you have the right to use it.
- Adheres to our guidelines, which strictly prohibit content that promotes hate, harassment, violence, self-harm, shock value, illegal activities, deceit, politics, health misinformation, or spam.
- Clearly indicates AI involvement.
- Respects others' rights, including intellectual property.
- Doesn't contain images of people without consent, public figures, or any images you don't have rights to.
Report any content violations at [email protected]. We may take various actions against violations, including warnings, account suspension, content removal, or other measures. We hold the final authority to interpret and act on violations.
Consequences of Account Termination or Suspension
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.Upon termination, Your right to use the Service will cease immediately.
If your account is closed, either by you or by us, you will lose all access to that account. Should your account be terminated or suspended, you won't be able to access any content you've shared on our platform related to your account. Additionally, we're under no obligation to keep or transfer any data from our database connected to your account. Your responsibilities as outlined in our terms, like proprietary rights, indemnification, and limits on liability, remain intact even after account suspension, termination, or cancellation. These duties are designed to continue beyond such events.
Warranty Disclaimer
Our offerings are presented "as is", with no guarantee, whether stated directly or implied. To clarify, we don't assure merchantability, aptness for a specific goal, or non-violation of rights, as well as any assurances from consistent dealings or trade practices. We can't ensure that our services will consistently fit your needs, remain unhindered, be safeguarded, or be free from errors. We don't vouch for the quality, promptness, veracity, entirety, or dependability of any services procured via our platform. No counsel or details, be it spoken or documented, acquired from our platform assures any warranty not plainly declared here.
Protection Agreement
You consent to protect, cover, and keep us unharmed, including our executives, management, staff, and representatives, against any charges, obligations, damages, losses, and expenses, including, but not restricted to, sensible attorney and accounting fees. This is related to content you post via our platform or any breach of these conditions.
Restrictions on Liability
Please understand and accept that, within lawful limits, any risks stemming from your engagement with our services are yours to bear. We won't be held accountable for any occasional, distinct, notable, or subsequent damages. This includes any loss of revenue, data, or goodwill, any service disruption, technological impairment, system malfunction, or the expenses for alternate products or services. This holds true irrespective of whether the claims are based on an agreement, wrongdoing (including carelessness), liability for a product, or any other legal grounds – even if we've been alerted to the potential for such harm. It's important to note that we aren't responsible for any defamatory, inappropriate, or unlawful actions of other platform users or third parties. Any risks of harm from the aforementioned are solely yours to bear. Moreover, we bear no responsibility to you or any third party for content uploaded or downloaded on or via our services. The maximum liability we hold, connected to these terms or any use or non-use of our offerings, will not surpass one hundred U.S. dollars ($100). This limitation is a vital aspect of our agreement with you.
Notwithstanding any damages that You might incur, the entire liability of PornSea.AI and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if PornSea.AI or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PornSea.AI, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, PornSea.AI provides no warranty or undertaking and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither PornSea.AI nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of PornSea.AI are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting PornSea.AI.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]