Last Updated: 3/1/2023

These Terms of Service ("Terms") govern your access to and use of the generative art AI service (the "Service") provided by Artificery.xyz and Stackupdesigns Inc. ("we," "us," or "our").

By accessing or using the Service, you agree to these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Service.

License to Use the Service

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service solely for your personal, non-commercial use.

Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of the Service or any content included therein, nor may you reverse engineer or attempt to extract the source code of any software included in the Service.

Prohibited Conduct

You agree not to:

Use the Service for any illegal or unauthorized purpose; Interfere with or disrupt the Service or servers or networks connected to the Service; Engage in any activity that could damage, disable, overburden, or impair the Service; Circumvent or manipulate the security measures of the Service; Use any robot, spider, scraper, or other automated means to access the Service or extract data; Use the Service in a manner that could interfere with any other party's use of the Service; Use the Service to distribute unsolicited commercial messages or spam; Collect or harvest any personally identifiable information from the Service; or Upload or transmit any viruses, Trojan horses, worms, or other malicious code.

Ownership of Content; Stackupdesigns Use of Content

As between you and Stackupdesigns, you own the Content that you generate using the Services to the extent permitted by applicable law.

With respect to images you upload to the Services, you represent and warrant that you own all right, title, and interest in and to such images, including without limitation, all copyrights and rights of publicity contained therein. You are responsible for the Content, including for ensuring any Content Sharing does not violate any applicable law, intellectual property right of any third party, or these Terms.

You agree that Stackupdesigns and our affiliates may use the Content to develop and improve the Services.

##Ownership of Content; Stackupdesigns Use of Content As between you and Stackupdesigns, you own the Content that you generate using the Services to the extent permitted by applicable law.

With respect to images you upload to the Services, you represent and warrant that you own all right, title, and interest in and to such images, including without limitation, all copyrights and rights of publicity contained therein. You are responsible for the Content, including for ensuring any Content Sharing does not violate any applicable law, intellectual property right of any third party, or these Terms.

You agree that Stackupdesigns and our affiliates may use the Content to develop and improve the Services.

Feedback

We always love to receive feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). You acknowledge that any Feedback provided by you to Stackupdesigns is not confidential and that Stackupdesigns and its affiliates will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, without providing any compensation or other attribution or acknowledgment to you.

DMCA Copyright Infringement Notice

We have implemented the procedures described in the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, regarding the reporting of alleged copyright infringement and the removal of or disabling access to infringing material. If you have a good faith belief that copyrighted material on DreamStudio is being used in a way that infringes a copyright over which you are authorized to act, you may make a Notice of Infringing Material.

Before serving a Notice of Infringing Material, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. For example, if your Notice fails to comply with all requirements of sections 512(c)(3), your Notice may not be effective.

Termination of Repeat Infringers

We will terminate or disable your use of the Services in appropriate circumstances if you are deemed by us to be a repeat copyright infringer.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, and our respective officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

Choice of Law

Any and all Claims shall be governed by the Federal Arbitration Act, and the internal substantive laws of the State of California in all respects, without regard for the jurisdiction or forum in which the user is domiciled, resides, or located at the time of such access or use. Except as provided in the Arbitration Agreement, all Claims will be brought in the federal or state courts located in California, and you and Stackupdesigns each unconditionally, voluntarily, and irrevocably consent to the exclusive personal jurisdiction and venue of those courts. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS THAT IS NOT SUBJECT TO ARBITRATION, AS SET FORTH ABOVE.

A printed version of these Terms and any other notice given in electronic form will be admissible in any arbitral, judicial, or administrative proceedings based upon or relating to these Terms and your use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Waiver and Severability

If you do not comply with a portion of these Terms and we do not take action right away, this does not mean we are giving up any of our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.

Entire Agreement; Construction

These Terms, including the License, contain the entire agreement between you and Stackupdesigns regarding your use of the Services and, supersede any prior or contemporaneous agreements, communications, or understandings between you and Stackupdesigns on that subject. In the event of any conflict between these Terms and the License, these Terms shall control.

Assignment and Delegation

You may not assign or delegate these Terms or any rights or obligations under these Terms. Any attempted or purported attempted assignment or delegation shall be null and void, and will automatically terminate your right to use the Services. We may assign or delegate these Terms or any rights or obligations under these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.

Change

Changes to these Terms We may change or modify these Terms by posting a revised version on the Stackupdesigns website, on the Artificery website, or by otherwise providing notice to you, and will state at the top of the revised Terms the date they were last revised. Changes will not apply retroactively and will become effective no earlier than fourteen (14) calendar days after they are posted, except for changes addressing new Service functions or changes made for legal reasons, which will be effective immediately. Your continued use of the Services after any change means you agree to the new Terms.