Hello and welcome to Generated Photos. Please read our Terms and Conditions of Use carefully because they affect your legal rights, including an agreement to resolve any disputes that may arise between us.
We have established a few rules for you to follow when using Generated Photos, in order to make our service enjoyable.
This web page represents a legal document that serves as our Terms and Conditions and it governs the legal terms of our website, https://generated.photos, sub-domains, and any associated web-based and mobile applications (collectively, "Website"), as owned and operated by Generated Media Inc.
Legal usage rights for content produced by artificial intelligence is a new, largely unknown domain. We are actively working in this area and as such, we reserve the right to amend our stated Use License as needed. We appreciate your understanding.
We provide this condensed version of our terms for initial guidance only. Please read the entire terms and conditions provided here as your use of this website and any media from it are bound by the entire agreement.
Materials available through Generated Photos can be used for personal use as long as citation including a link is provided. If you wish to use materials without citation you must purchase the correct license for your intended use.
API access allows for programatic access to materials (namely images). Materials can be used for up to 30 days after a license has been cancelled.
Bulk downloads are available for access to the materials. Use licenses for the materials obtained through bulk download do not expire. See section 3 for more.
When creating final products with generated photos the final product is bound by this agreement. If non-commercial materials by Generated Photos are used in a final work, then the final work needs to carry the proper citation. This includes compositions and remixes.
You may not transfer materials to another person or "mirror" the materials on any other server.
Generated Photos carry no additional likeness rights. All images have been generated without human intervention through machine learning processes. Any perceived resemblance of our materials to an existing person is not intentional. If you have specific concerns about an image please contact us at firstname.lastname@example.org.
Version 2.0, published February 27, 2020
2. User guidelines
3. Use License
4. RUP: Permitted and Restricted uses. Sensitive Information
5. Electronic Communication
6. Your Account
7. Reviews, Comments, and Other Material
8. Legal Compliance
9. Intellectual Property
10. Revisions and Errata
12. Links to Other Websites
13. Site Terms and Conditions Modifications
14. Governing Law
16. General Terms
17. Representations and Warranties
18. Limitation of Liability
19. Feedback and Information
Thanks for choosing Generated Photos! By signing up, subscribing or otherwise using our services (website or software applications) you are entering into a binding contract with Generated Photos and acknowledge that you have read and clearly understood the Agreements and ready to be bound by them.
The terms "us" or "we" or "our" refers to Generated Photos, the owner of the Website. A "Visitor" is someone who merely browses our Website, but has not registered as Member. A "Member" is an individual that has registered with us to use our Service. Our "Service" represents the collective functionality and features as offered through our Website to our Members. A "User" is a collective identifier that refers to either a Visitor or a Member. All text, information, graphics, audio, video, and data offered through our Website are collectively known as our "Content"
Legal usage rights for content produced by artificial intelligence is a new, largely unknown domain. We are actively working in this area and as such, we reserve the right to amend our stated Use License as needed. We appreciate your understanding.
Permission is granted to download one copy of the materials (information or software) on Generated Photos's web site for personal, non-commercial usage only. This is the grant of a license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Generated Photos at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format
3a. Paid License
If the materials are obtained through a paid license (monthly subscription, single purchase download, bulk purchase download), a perpetual license to the materials is granted without need for citation. A paid license grants the licensee the ability to use the materials for commercial purposes.
3b. API License
Materials obtained through the Generated Photos application programming interface (API) can be used commercially and personally as long as an active API License subscription is maintained. If the subscription is cancelled the licensee has 30 days to stop using the materials, effective after the last day of paid access. Materials can not be stored in a cache without express permission.
3c. Remixes and Derived Works
A remix is defined to be any modification or reproduction of the original materials. A derived work is defined as a new work that includes substantial modification to the materials. It is not allowable to compile or redistribute remixes that do not make substantial modifications to the materials. Modifications including, but not limited to cropping, coloration, scaling, quality enhancement, and compilation do NOT qualify as substantial changes. It is advisable to discuss the derived works with Generated Photos before pursuing redistribution of the derived materials.
3d. Medium Transfer
If the Materials are transformed in any way which the result forms a different medium, the terms of this agreement still apply. This includes, but is not limited to 3D modeling applications.
Datasets are intended for non-public use and are subject to additional restrictions. The User may not:
Overall, these are the restricted uses that are standard to all clients.
4.1 Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of Generated Photos without express composed consent. You might not use any meta tags or any various other "unseen text" utilizing Generated Photo's name or trademarks without the express written consent of Generated Photos.
4.2 You agree not to offer or modify any content found on the Website consisting of, however not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public function, in connection with services or products that are not those of Generated Photos, in other way that is likely to trigger confusion among consumers, that disparages or challenges Generated Photos or its licensors, that dilutes the strength of Generated Photos's or its licensor's residential property, or that otherwise infringes Generated Photos's or its licensor's copyright rights. You further concur to in nothing else means abuse the Material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose without license is prohibited.
4.3 Any code that Generated Photos develops to generate or show any Material of the pages making up the Site is likewise secured by Generated Photos's copyright, and you may not copy or adjust such code.
4.4 Generated Photos has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website breaches these Terms please contact our marked representative as set forth below.
4.5 If alerted by a User of any products, which allegedly do not conform to these Terms, Generated Photos could in its single discernment explore the allegation and figure out whether to take other actions or ask for the removal or get rid of the Content. Generated Photos has no liability or duty to Individuals for efficiency or nonperformance of such activities.
You are connecting with us electronically when you go to the Site or send out emails to us. You consent to get interactions from us online. We will connect with you by email or by uploading notifications on the Site. You concur that all contracts notifications, disclosure, and various other communicates that we provide to you digitally please any legal requirements that such communications be in writing.
If you utilize the Website, you are accountable for maintaining the confidentiality of your account and password and you accept responsibility for all activities that happen under your account and password. You also accept not to reveal any personally identifiable information, consisting of, however not limited to, first and last names, credentials, or various other details of a personal nature ("Personal Data") from the Site. Your disclosure of any Personal Data on the website might result in the immediate termination of your account. Generated Photos additionally reserves the right to refuse service, terminate accounts, and remove or edit Content at it's sole discernment.
Generated Photos does not guarantee the truthfulness or represent, precision, or dependability of Content on the site, consisting of Personal Data. Each Individual is accountable for upgrading and changing any pertinent account info when essential to preserve the truthfulness, precision, or reliability of the details.
You will be responsible for tracking all activity for each user account, and you agree to: (a) maintain the security of all passwords and usernames; (b) notify Generated Photos immediately of any unauthorized use or other breach of security; and (c) accept all responsibility for activity that occurs under each user account. Generated Photos reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If Generated Photos determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.
Registered Users of the Website might post evaluations and remarks of a product and services purchased by means of the Website, so long as the Material is not unlawful, profane, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not include or include industrial solicitation, mass mailings, or any type of "spam." You may not use another User's account to impersonate a User or entity, or otherwise deceived as to the origin of the opinions. Generated Photos books the right (however is not bound) to eliminate or modify such Material, but does not regularly examine posted Material.
If you post an evaluation or send comments, and unless Generated Photos suggests otherwise, you grant Generated Photos a nonexclusive, royalty-free, permanent, irrevocable, and completely sub licensable right to utilize, recreate, modify, adjust, release, equate, create derivative works from, distribute, and screen such content throughout the world, in any media. You grant Generated Photos and sub-licensees the right to utilize your name in connection with such Material, if they choose. You represent and require that You own or otherwise control all the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not trigger injury to anyone or entity; which You will indemnify Generated Photos for all claims resulting from Content You supply. Generated Photos has the right but not the commitment to edit and keep track of or eliminate any task or Material. Generated Photos takes no duty and assumes no liability for any content published by You or any 3rd celebration.
Generated Photos respects the intellectual property. Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
The materials appearing on Generated Photos's web site could include technical, typographical, or photographic errors. Generated Photos does not warrant that any of the materials on its web site are accurate, complete, or current. Generated Photos may make changes to the materials contained on its web site at any time without notice. Generated Photos does not, however, make any commitment to update the materials.
The materials on Generated Photos's web site are provided "as is" Generated Photos makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Generated Photos does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
The Site serves as a venue for Individuals to purchase distinct service or products. Neither Generated Photos nor the Site has control over the quality or fitness for a particular function of a product. Generated Photos likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted details and makes no representations or warranties about any info on the Site.
THE WEBSITE AND ALL DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) AND SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Generated Photos ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Generated Photos MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS SITE OR THE INFO, MATERIAL, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE POINTED OUT IN WRITING. Generated Photos DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE AND THAT ALL THE DEFECTS WILL BE CORRECTED. Generated Photos DOES NOT PROMISE THE SPECIFIC RESULT OF YOU USING THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE COMPLETE EXTENT PERMISSIBLE BY APPLICABLE LAW, Generated Photos DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND PHYSICAL FITNESS FOR A PARTICULAR PURPOSE. Generated Photos DOES NOT WARRANT THAT THIS WEBSITE; DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM Generated Photos ARE WITHOUT VIRUSES OR OTHER HARMFUL ELEMENTS. Generated Photos WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY DETAILS, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE APPLICATION) OR SERVICES CONSISTED OF ON OR OTHERWISE MADE AVAILABLE TO YOU WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE POINTED OUT IN WRITING. UNDER NO SCENARIO SHALL Generated Photos's LIABILITY DEVELOPING FROM OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE WEBSITE, DESPITE THE REASON FOR ACTION (WHETHER IN AGREEMENT, TORT, BREACH OF SERVICE WARRANTY OR OTHERWISE), GO BEYOND $100. ALL INFORMATION PROVIDED ON Generated Photos’s WEBSITE IS SUBJECT OF CHANGING WITHOUT NOTICE.
Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Generated Photos has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.
Generated Photos may revise these Terms and Conditions for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to Generated Photos's web site shall be governed by the laws of Delaware, United States without regard to its conflict of law provisions, and You consent to exclusive jurisdiction and venue in such courts.
Indemnification of Generated Photos by you. You agree to defend, indemnify and hold harmless Generated Photos and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with (i) your use of any content outside the scope of this agreement; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this or any other agreement with Generated Photos; and (iii) your failure to obtain any required release for your use of content.
Indemnification of you by Generated Photos. Provided that you are not in breach of this or any other agreement with Generated Photos, and as your sole and exclusive remedy for any breach of the warranties set forth in section “Representations and Warranties” above, Generated Photos agrees, subject to the terms of this section “Indemnification and Limitation of Liability”, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by Generated Photos of its warranties in section “Representations and Warranties” above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from Generated Photos, or upon your knowledge, that the content is subject to a claim of infringement of a third party’s right.
The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defense of any claim or litigation. The indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
Our Legal Terms shall be treated as though it were executed and performed in Delaware, United States and shall be governed by and construed in accordance with the laws of Delaware, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Generated Photos under our Legal Terms shall survive the termination of our Legal Terms.
Assignment. This agreement is personal to you and is not assignable by you without Generated Photos’ prior written consent. Generated Photos may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
Audit. Upon reasonable notice, you agree to provide to Generated Photos sample copies of projects or end uses that contain licensed content, including by providing Generated Photos with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, Generated Photos may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed content in order to verify compliance with the terms of this agreement. If any audit reveals an underpayment by you to Generated Photos of five percent (5%) or more of the amount you should have paid, then in addition to paying Generated Photos the amount of the underpayment and any other remedies to which Generated Photos is entitled, you also agree to reimburse Generated Photos for the costs of conducting the audit.
Electronic storage. You agree to retain the copyright symbol, the name of Generated Photos, the content’s identification number and any other information or metadata that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties.
Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Generated Photos and accepted by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.
Notice. All notices required to be sent to Generated Photos under this agreement should be sent via email to email@example.com. All notices to you will be sent via email to the email set out in your account.
Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes, withholding taxes, and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed content.
Interest on Overdue Invoices. If you fail to pay an invoice in full within the time specified, Generated Photos reserves the right to add a service charge of 1.5% per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received.
Warranty Disclaimer. Unless specifically warranted above, Generated Photos does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content, and you are solely responsible for obtaining such release(s). You acknowledge that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release. You are also solely responsible for payment of any amounts that may be due under, and compliance with any other terms of, any applicable collective bargaining agreements as a result of your use of the licensed content.
Caption/Metadata Disclaimer. While Generated Photos has made reasonable efforts to correctly categorize, keyword, caption and title the content, Generated Photos does not warrant the accuracy of such information, or of any metadata provided with the content.
Exclusivity Disclaimer. While Generated Photos has made reasonable efforts to correctly categorize and record grants of exclusivity for commercial use of licensed content, Generated Photos does not warrant or guarantee exclusivity in respect to editorial use of licensed content. All such grants of commercial exclusivity do not preclude prior, concurrent, or subsequent licenses granted for editorial usage of the same content.
No Other Warranties. Except as provided in this section above, the content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Generated Photos does not represent or warrant that the content or its websites will meet your requirements or that use of the content or websites will be uninterrupted or error free.
GENERATED PHOTOS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF GENERATED PHOTOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
Any feedback or comment you provide to us shall be deemed to be non-confidential, we shall be free to use it on an unrestricted basis.