Terms

Last updated April 11th, 2024.

Hello and thank you for choosing Spicy Pixels! This Terms of Service (End-User License Agreement) outlines the conditions you agree to by using Spicy Pixels.

These Terms apply to the website, desktop applications, and software Services offered by Spicy Pixels and its affiliated entities, collectively referred to as "Spicy Pixels", "Services", "we", "us", or "our".

These Terms apply to all individuals using the Services, referred to as "you", "User", or "Users". These Terms constitute a binding agreement between you and Spicy Pixels ("Spicy Pixels", "us", or "we").

"Content" shall encompass any and all information and materials that users submit, comprising but not limited to text, software, scripts, graphics, photographs, audio, music, videos, audiovisual combinations, interactive features, textual content, and any other materials that users may view, upload, publish, submit, make available, display, communicate, or post on the Services. It encompasses the entirety of the digital content that users may potentially upload to the Site.

Consent

By accessing, utilizing, or visiting the Services, which encompass any content, functionalities, and Services offered herein, you are manifesting your acceptance and agreement to these Terms of Service ("Terms"), as well as our Privacy Policy (accessible at www.Spicy Pixels/privacy) and our Cookies Policy (accessible at www.Spicy Pixels/cookies), incorporated herein by reference. Utilizing the site for purposes other than accessing the links to this "Terms" page, "Privacy Policy" page, "Cookies" page, or "Home" page (with the sole intent to navigate to The "Terms", "Privacy Policy", or "Cookies" pages), shall constitute your unequivocal consent to these terms of use. If you do not consent, please refrain from using the Services.

Ability to Accept Terms of Service

By accepting these Terms of Service, you assert and affirm that you have reached the age of majority (which is 18 years of age or older in many countries). Moreover, you declare that you possess the necessary legal capacity and competence to comply with, adhere to, and provide consent to all the terms, conditions, obligations, declarations, representations, and warranties delineated herein. The Services should not be accessed if you are under the age of majority.
Furthermore, the information provided when utilizing the Services is not intended for distribution to or use by any individual or entity in any jurisdiction or country where such distribution or use contravenes the law or regulations, or subjects us to any registration requirements within said jurisdiction or country. Consequently, any individuals who voluntarily access the Services from such jurisdictions do so of their own volition and assume sole responsibility for ensuring compliance with the relevant local laws.

License

Subject to the terms and conditions herein, we hereby extend to you a limited, non-transferable, non-exclusive, and revocable license, exclusively for your personal and non-commercial utilization, to access the Services. It is essential to note that we retain the right to amend, suspend, or terminate the Services at our discretion without prior notice. You expressly acknowledge and agree that we bear no liability towards you or any third party for any alterations, interruptions, or terminations of the Services or any part thereof. Additionally, you recognize that we have no obligation to provide you with support or assistance related to the Services. With the exception of any content uploaded by you, it is acknowledged that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, pertaining to the Services and its content, are vested in us. It is imperative to comprehend that these Terms, as well as your access to the Services, do not confer upon you any rights, title, or interest in or to any intellectual property rights. We explicitly reserve all rights that are not explicitly conferred upon you under these Terms.

Processed Content

You assume exclusive responsibility for the content you process. Any risks associated with the use of your processed content are entirely your responsibility. By submitting content, you affirm its compliance with our Terms of Service. You are prohibited from falsely representing or implying that your content is provided, sponsored, or endorsed by us. It is worth noting that as the sole proprietor of your content, you may be exposed to potential legal liabilities. We have no obligation to maintain backups of any content you submit, and we reserve the right to remove your content at any time without prior notice. If you desire to create a backup of your content, the responsibility for doing so lies solely with you. By processing content, you assert and warrant that you are either the creator of the file or other content being processed or that you possess adequate intellectual property rights to process the material in accordance with these terms.

Prohibited Content

You are required to abstain from submitting any Content to the Services that falls under the category of prohibited content, which includes illegal, advocating, depicting, or promoting illegal activity of any kind, such as human trafficking, sexualized minors, gore, bestiality, sexual violence, doxing, sharing login credentials, violating intellectual property or proprietary rights, engaging in intimidation, bullying, inciting similar behavior, containing inflammatory or hate speech, promoting violent extremism, terrorism, self-harm, suicide, spam, deceptive content, misinformation, actions considered criminal or inappropriate, racism, bigotry, hatred, attempting to bypass moderation controls, or including self-promotion, promotion of other tools or Services, or repetitive, irrelevant, or inappropriate messages.

Acceptable Use

When using the Services, you must refrain from collecting, uploading, transmitting, displaying, or distributing any Content that violates the rights of third parties, including intellectual property or proprietary rights. Additionally, it is prohibited to engage in any unlawful, harassing, abusive, threatening, tortious, harmful, invasive of privacy, defamatory, false, trade libelous, intentionally misleading, or pornographic content involving minors. Avoid creating or sharing content that is patently offensive, promotes racism, bigotry, hatred, or physical harm towards any individual or group, or causes harm to minors. You must also adhere to all relevant laws, regulations, and restrictions imposed by third parties. Furthermore, you are not permitted to upload, transmit, or distribute any software through the Services with the intent to damage or alter computer systems or data. Sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any form of duplicative or unsolicited messages through the Services is strictly prohibited. You may not use the Services to collect information about other users without their consent, disrupt or interfere with servers or networks connected to the Services, or violate the regulations, policies, or procedures of those networks. Attempting to gain unauthorized access to the Services, whether through password mining or any other method, is also against the rules. Harassing or interfering with the use and enjoyment of the Services by other users is not allowed, and the use of software, automated agents, or scripts to generate automated searches, requests, or queries to the Services is prohibited. Please be aware that we retain the right to review any Content, investigate, and take appropriate action at their sole discretion if you violate any provision of these Terms or create liability for them or any other person. Such actions may include modifying or removing your Content, limiting your access to Spicy Pixels, and reporting you to law enforcement authorities.

Feedback

Should you provide Spicy Pixels with any feedback or suggestions regarding the Services, you hereby transfer and assign all rights, titles, and interests in such feedback to Spicy Pixels. Furthermore, you consent to our unrestricted right to utilize and exploit such feedback and related information as we see fit. It is important to note that any feedback you share with us is considered non-confidential and non-proprietary.

Indemnification

You hereby commit to indemnify and hold Spicy Pixels, along with its officers, employees, and agents, harmless. This commitment includes the reimbursement of costs and attorney's fees in connection with any claim or demand made by a third party arising from:

• Your use of the Services.
• Your violation of these Terms.
• Your violation of applicable laws or regulations.
• Your Content.

We reserve the exclusive right to assume control over the defense of any matter for which you are obligated to indemnify us, and you agree to fully cooperate in such defense. You further agree not to settle any matter without obtaining our prior written consent. We will make reasonable efforts to promptly inform you upon becoming aware of any such claim, action, or proceeding.

Disputes With Other Users

Each user bears sole responsibility for their own Content. As we do not exert control over the Content, you acknowledge and agree that we assume no responsibility for any Content, whether provided by you or others. You hereby release, discharge, waive, and relinquish, both presently and in perpetuity, Spicy Pixels, its officers, employees, agents, successors, and assigns from any and all past, present, and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and causes of action of any kind or nature, directly or indirectly arising from or related to the Services. We are not obligated to intervene in disputes between you and other users. If you are a California resident, you expressly waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Disclaimers

The Services are provided "as-is" and "as-available," and your use of them is at your own risk. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. We do not guarantee content accuracy, availability, security, or error-free operation. We are not liable for personal injury, property damage, or unauthorized access. We do not guarantee uninterrupted service, and we disclaim responsibility for third-party content, products, or services. Use the Services cautiously, and please note that any required warranties are limited to 90 days. Some jurisdictions may not allow these limitations, so they may not apply to you.

Limitation on Liability

To the fullest extent permitted by applicable law, both we and our suppliers shall not be held liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, lost data, or costs associated with acquiring substitute products. These damages may arise from or be related to these terms or your utilization of the Services, even if we have been made aware of the potential for such damages. Your access to and use of the Services are entirely at your own discretion and risk. Consequently, you shall assume sole responsibility for any damage to your device or computer system, or any loss of data resulting from such usage. Furthermore, to the maximum extent permissible under applicable law, and notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement shall at all times be limited to the lesser of the amount paid, if any, by you to us during the six (6) month period preceding the occurrence of any cause of action, or the sum of fifty United States dollars (USD $50). It is essential to note that the existence of multiple claims shall not extend or expand this limit. You acknowledge and agree that our suppliers shall bear no liability of any kind arising from or related to this agreement. Please be aware that certain jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, and thus, the aforementioned limitations or exclusions may not apply to you.

Indemnity

You hereby agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, partners, and employees harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, asserted by any third party arising out of or due to your Contributions, your use of the Services, any breach of these Legal Terms by you, any violation of the representations and warranties made by you in these Legal Terms, your infringement upon the rights of any third party, including intellectual property rights, or any harmful actions directed towards any other user of the Services with whom you connected via the Services. However, we reserve the right, at your own cost, to assume the exclusive defense and control of any matter for which you are obligated to indemnify us. In such cases, you agree to provide cooperation, at your own expense, in our defense against such claims, and we will make reasonable efforts to notify you promptly upon becoming aware of any claim, action, or proceeding that falls under this indemnification provision.

Copyright Policy

At Spicy Pixels, we hold a strong commitment to respecting and valuing the intellectual property rights of others, and we expect the same from our users. In our dedication to upholding copyright law, we have implemented a comprehensive policy addressing copyright infringement. This policy encompasses the removal of infringing materials and the termination of users who engage in repeated violations of intellectual property rights, including copyrights, through our online Services. If you believe that a user of our Services is unlawfully infringing upon the copyright(s) of a work by utilizing our platform, and you seek to request the removal of the allegedly infringing material, please provide us with the information as stipulated under 17 U.S.C. § 512(c) in a written notification.

Updates to the Terms of Service

We retain the right to revise or amend these Terms at our discretion and without prior notice. Such alterations will become effective immediately upon the publication of the revised version on the Site or the App. We strongly recommend that you routinely review these Terms to remain informed about your obligations and rights under this agreement. By continuing to access or utilize our Services following any modifications, you acknowledge and consent to the updated Terms. It is important to note that all alterations made to these Terms have a retroactive effect and are applicable to all users, content, and communications, supplanting any prior agreed-upon Terms.

Contact Information

Please direct all inquiries to team@spicypixels.ai.