Effective Date: Dec 1, 2024 Last Updated: Dec 1, 2024
1. Introduction Welcome to Dawn Era Digital DBA Hideous Gifts ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, applications, and related services (collectively, the "Services"). By accessing or using our Services, you agree to comply with these Terms. If you do not agree, you may not use our Services.
2. Eligibility To use our Services, you must: Be at least 18 years old. Reside in the United States, Canada, or Australia. Have the legal capacity to enter into a binding agreement. Not be barred from accessing our Services under applicable laws or regulations.
3. Account Registration and Responsibilities You may need to create an account to access certain features of our Services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately if you suspect unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.
4. Acceptable Use Policy You agree to use our Services only for lawful purposes and in compliance with applicable laws and regulations. Prohibited activities include but are not limited to: Engaging in any activity that violates the rights of others. Uploading or sharing harmful, offensive, or illegal content. Attempting to gain unauthorized access to our systems or other users' accounts. Interfering with or disrupting the functionality of our Services.
5. Intellectual Property Rights All content, trademarks, and intellectual property associated with our Services are owned by Dawn Era Digital Inc. DBA Hideous Gifts or our licensors. You may not copy, reproduce, distribute, or create derivative works from our intellectual property without prior written consent. By submitting content to our platform, you represent that you own the rights to such content or have obtained necessary permissions.
6. User Content and Licensing By uploading content to our Services, you grant us a non-exclusive, royalty-free, worldwide license to use, modify, reproduce, and display your content for purposes related to the provision and improvement of our Services. You retain ownership of your content and can revoke this license by deleting your content from our platform, except where it has been shared with others. You agree not to upload content that you do not have the rights to or that infringes on the rights of others, including intellectual property and privacy rights.
7. Privacy and Data Usage Your use of our Services is subject to our Privacy Policy, which outlines how we collect, use, and protect your data. By using our Services, you consent to the practices described in the Privacy Policy.
8. Payment and Billing If our Services include paid features, you agree to provide accurate and complete payment information. All payments are non-refundable unless otherwise stated in a specific policy or agreement. We never store your payment information. We reserve the right to modify pricing or billing terms, with advance notice provided as required by applicable laws.
9. Third-Party Services Our Services may integrate with or link to third-party platforms. We are not responsible for the availability, accuracy, or content of third-party services, and your use of such services is governed by their respective terms. We disclaim liability for any issues arising from third-party service failures, data breaches, or inaccuracies.
10. Disclaimer of Warranties Our Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to fitness for a particular purpose, merchantability, or non-infringement. We do not guarantee that the Services will be error-free or uninterrupted. Additionally, we disclaim any responsibility for inaccuracies or potential misuse of AI-generated content.
11. Limitation of Liability To the extent permitted by law: Dawn Era Digital Inc. DBA Hideous Gifts will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services. Our total liability for any claims relating to the Services will not exceed the amount you paid us, if any, during the 12 months preceding the event giving rise to the claim.
12. Indemnification You agree to indemnify and hold Dawn Era Digital Inc. DBA Hideous Gifts, its affiliates, and employees harmless from any claims, damages, or expenses arising from your use of the Services or violation of these Terms, including but not limited to claims related to the misuse of AI features or third-party services.
13. AI and Advanced Technology Disclaimer Our Services may utilize advanced technology, including AI-based tools for image manipulation and personalization. We disclaim responsibility for the accuracy or appropriateness of AI-generated content and encourage users to verify outcomes before using them in sensitive or public contexts. Users agree not to misuse AI features to create content that violates laws, infringes on others' rights, or causes harm.
14. Data Protection and Biometric Information If biometric data is processed through our Services, such as facial features for face-swapping, it is stored temporarily and securely for processing purposes and deleted once the task is complete, unless explicitly consented otherwise. We comply with applicable laws governing biometric data and provide transparency regarding its use. Users must agree to additional terms if biometric data is processed.
15. Cookies and Tracking Technologies Our Services use cookies and other tracking technologies to enhance your experience. By using our Services, you consent to the use of these technologies in accordance with our Privacy Policy. You can manage your cookie preferences through your browser settings, but please note that some features may not function properly if cookies are disabled.
16. Modifications to the Services and Terms We reserve the right to modify or discontinue the Services at any time, with or without notice. We may update these Terms periodically. Continued use of the Services following updates constitutes acceptance of the revised Terms.
17. Termination We may suspend or terminate your access to the Services at our discretion, without notice, for violations of these Terms or other applicable policies. You may stop using the Services at any time. Termination does not affect rights or obligations that accrued prior to termination.
18. Governing Law and Dispute Resolution These Terms are governed by the laws of the United States, Canada, and Australia, depending on your region of service. Any disputes will be resolved through binding arbitration or in the courts of the respective jurisdictions, as applicable.
19. Severability If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
20. Waiver Failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
21. Force Majeure We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, such as acts of God, natural disasters, or internet outages.
22. Entire Agreement These Terms, along with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and Dawn Era Digital Inc. DBA Hideous Gifts regarding the use of our Services.
23. Contact Information If you have any questions about these Terms, please contact us: Email: contact@hideousgifts.com