Terms Of Service – Imgn

Smart Media LTD.  (“Smart Media”, “we”, “us”, or “our”) values your privacy. In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose information that we obtain about visitors to our website, users of our mobile application (the “App”), and the services available through our Site and our App (collectively, the “services”).

This Policy shall supplement our End User License Agreement (the “Agreement”), along with any supplemental guidelines and policies provided by us from time to time, all incorporated herein by reference.

 

When you use our Services, we may collect the following information: information about your device (including device model, OS version and operator’s name), time and date of the connection to the game and/or service, IP or MAC address, International Mobile Equipment ID (IMEI), Android ID, device MAC address, cookie information.

Generally, the Service automatically collects usage information, such as the numbers and frequency of visitors to our Service and how they use the various components of the Service. CMC (Computer-mediated communication) only uses this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally.  This type of aggregate data enables us to figure out how users actually use parts of the Service so that we can make them appealing to as many users as possible, and improve those Services.  As part of this use of information, we may provide aggregate information to our partners about how our customers, collectively, use our Services.  We may share this type of statistical data so that our partners also understand how people use the Services, so that they, too, may provide you with an optimal user experience. Again, CMC never discloses information to a partner in a manner that would identify you personally.

 

Web browser cookies 

Our Services may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly. 

 

How we protect your information 

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our services. 

 

Advertising

Ads appearing on our apps may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. 

AI image generation – Terms of service

We are constantly evolving the Services to make them better for you. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to you or your downstream customers for any harm caused by your dependency on the Service.

The model is licensed with a CreativeML Open RAIL-M license. The authors claim no rights on the outputs you generate, you are free to use them and are accountable for their use which must not go against the provisions set in this license. The license forbids you from sharing any content that violates any laws, produce any harm to a person, disseminate any personal information that would be meant for harm, spread misinformation and target vulnerable groups. The service should not be used for: -NSFW, lewd, or sexual material -Hateful or violent imagery, such as antisemitic iconography, racist caricatures, misogynistic and misandrist propaganda, etc. -Personal information about yourself or any other person.  This includes but is not limited to phone numbers, residential addresses, social security numbers, driver’s license numbers, account numbers, etc. -Copyrighted or trademarked material should be avoided in prompts.

By accessing the Services, you confirm that you’re at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access the Services in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf.

Please ask your parent or guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you’re responsible for your teenager’s activity on the Services.

 

Face recognition technologies
We use face recognition technologies In order to provide our Services, we use this technology to recognize people in images and camera experiences. We may detect and use facial marks to provide face recognition contents and facial manipulation features.

The information we collect cannot be used for identifying a specific person, and is used to provide the mentioned features only. When the content inference is done or upon the closing of the application, the facial mapping information is discarded, We will neither use the results for other purposes. This data and information is not shared with any third party and no one but you have access to it.

 

Rights you grant

By using the Services, you grant to Tap mobile, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute text, and image prompts you input into the Services, or Assets produced by the service at your direction. This license survives termination of this Agreement by any party, for any reason.

The restrictions set forth below are use-based restrictions. You cannot use the third-party integrated TTI feature and/or the Derivatives (as such term is defined in the SD License found here: https://huggingface.co/spaces/CompVis/stable-diffusion-license) in any manner that violates or contradicts the purpose of the restricted uses, at Company’s exclusive discretion. You may use the TTI feature subject to the SD License incorporated into the Contracts, including only for lawful purposes and in accordance with the SD License and the Contracts. Use may include creating any content with, use of and/or running the TTI feature. You agree not to use the TTI feature and/or the Derivatives (as such term is defined in the SD License): A. In any way that violates any applicable national, federal, state, local or international law, rule, or regulation; B. For the purpose of soliciting, exploiting, harming or attempting to exploit or harm minors in any way; C. To generate or disseminate verifiably false information and/or content with the purpose of harming others; D. To generate or disseminate personally identifiable information; E. To defame, disparage, or otherwise harass others; F. For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation; G. For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics; H. To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the – 5 – behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm; I. For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories; J. To provide medical advice and medical results interpretation; K. To generate or disseminate information for the purpose to be 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). 5. OPEN-SOURCE SOFTWARE NOTICE 5.1. Open-Source Software Uses. The TTI feature is based on the following open-source software: CreativeML Open RAIL-M. This software is governed by the Stable Diffusion License, Dated August 22, 2022 (the “SD License”); You may not use the TTI feature except in compliance with the SD License. You may access a copy of the SD License at: https://huggingface.co/spaces/CompVis/stable-diffusion-license. The SD License is hereby incorporated into the Contracts and You agree to be bound by all terms and conditions of the SD License. 5.2. No Warranties. Unless required by applicable law or agreed to in writing, software distributed under the SD License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the SD License for the specific language governing permissions and limitations under the SD License.

Posting Your User Content to social media is generally permissible, as is livestreaming Your usage or demonstrating our Services to groups of people. Please adhere to the following obligations: • Manually review all User Content, including each Artwork before sharing or while streaming; • Attribute the content to Your name or Your company; • Indicate that the content is AI-generated in a way no user could reasonably fail to notice or misunderstand; and • Do not share content that violates the Contracts or that may offend others.

Copyright:

The public domain is not a unified concept across legal jurisdictions, thus the specific affirmation you make when using our services is that of the CC0 1.0 Universal Public Domain Dedication [available at https://creativecommons.org/publicdomain/zero/1.0/].  Any/all users (including “Affirmers” as described in the Universal Public Domain Dedication) expressly agree to the entirety of the referenced and incorporated Universal Public Domain Dedication, which includes, but is not limited to, the following:

Children’s Online Privacy Protection Act

The Service is not designed or intended for children under the age of thirteen (13).

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not market to children under 13 We reserve the right to request proof of age at any stage to verify that minors under the age of thirteen (13) are not using the Service. If you are under the age of thirteen (13), you may not download the Software or use the Service including the Software, you may not use any feature of the Service that requires registration, and you may not provide us with any Received Information. Smart Media will not knowingly collect any Received Information concerning children under the age of thirteen (13).

The full privacy policy is available here

Contacting us 

If you have any questions about these terms of service, or your dealings with this site/app, please contact us at: support@tap.pm