NOWAI understands users in the European Union may access and use NOWAI. NOWAI takes precautions to protect users’ personal data in a manner compliant with the General Data Protection Regulation. To exercise your data rights under GDPR, NOWAI can be contacted at firstname.lastname@example.org with requests or concerns. NOWAI agrees never to sell or release to any 3rd party the private information described below in “Private Information Stored,”, except in accord with any public sale, merger, or other acquisition of NOWAI or as required by law. Subsequent parties who obtain said private information through public sale, merger, or acquisition shall likewise be bound by the provisions described in this Terms of Service, or if this agreement cannot be upheld, NOWAI will destroy such private information.
By your use of NOWAI, you hereby agree to forfeit all intellectual property rights claims, worldwide, and regardless of legal jurisdiction or intellectual property law applicable therein, including forfeiture of any/all copyright claim(s), to the API requests and images or artifacts or other response content created during the API transaction (collectively, the “Content”) you provide or receive through your use of NOWAI and NOWAI Discord and Telegram services.
The public domain is not a unified concept across legal jurisdictions, thus the specific affirmation you make when using the NOWAI services is that of the CC0 1.0 Universal Public Domain Dedication [available at https://creativecommons.org/publicdomain/zero/1.0/]. Any/all users (includes “Affirmers” as described in the Universal Public Domain Dedication) specifically agree to the entirety of the referenced and incorporated Universal Public Domain Dedication, which includes, but is not limited to, the following:
Depending on your User Package, you retain your ownership rights to any Content you submit, post or display on or through the Services. You own your Content (and your incorporated audio, photos and videos are considered part of the Content). However, we do require you to grant certain rights to NOWAI and other users of the Service, as described below. By submitting, posting or displaying Content on or through the Services and/or those that may find their way into our training data through accidental web-scraping, independent of the Services or your User Package, you grant NOWAI a perpetual, irrevocable, worldwide, transferable, sub-licensable, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming and/or translating).
This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for NOWAI to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by NOWAI, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.
The license you grant would survive any termination, including for the reason of the Content being removed, where the operation of the Service can justify retention, or if use of Content is permitted to be retained before its removal, or where the Content finds its way into our training data through accidental web-scraping or if the law requires otherwise. In any event, removal of Content by the user, including opt-out users, would not require to: (a) recall Content that is being used by other users within any viewing functionality of the Service; or (b) delete copies we reasonably would need to keep for legal purposes.
. . . . 2. Waiver. To the greatest extent permitted by, but not in contravention of, applicable law, Affirmer hereby overtly, fully, permanently, irrevocably and unconditionally waives, abandons, and surrenders all of Affirmer's Copyright and Related Rights and associated claims and causes of action, whether now known or unknown (including existing as well as future claims and causes of action), in the Work (i) in all territories worldwide, (ii) for the maximum duration provided by applicable law or treaty (including future time extensions), (iii) in any current or future medium and for any number of copies, and (iv) for any purpose whatsoever, including without limitation commercial, advertising or promotional purposes (the "Waiver"). Affirmer makes the Waiver for the benefit of each member of the public at large and to the detriment of Affirmer's heirs and successors, fully intending that such Waiver shall not be subject to revocation, rescission, cancellation, termination, or any other legal or equitable action to disrupt the quiet enjoyment of the Work by the public as contemplated by Affirmer's express Statement of Purpose.
. . . . All users, by use of NOWAI and the NOWAI Discord or Telegram services hereby acknowledge having read and accepted the full CC0 1.0 Universal Public Domain Dedication (available at https://creativecommons.org/publicdomain/zero/1.0/), which includes, but is not limited to, the foregoing waiver of intellectual property rights with respect to any Content. User, by use of NOWAI and the NOWAI service, acknowledges understanding that such waiver also includes waiver of any such user’s expectation and/or claim to any absolute, unconditional right to reproduce, copy, prepare derivate works, distribute, sell, perform, and/or display, as applicable,
NOWAI should not be used for:
Copyrighted or trademarked material should be avoided in prompts.
Indemnity Clause Users, by use of NOWAI, hereby agree to indemnify and hold harmless NOWAI against any and all claims, demands, charges, complaints, controversies, and causes of action of any kind or nature whatsoever, both at law and in equity, known or unknown, suspected or unsuspected (hereinafter “Claims”), arising out of and relating in any way to intellectual property infringement claims made against NOWAI with respect to your Content if such Claims inure to your benefit in any way and also to hold harmless and indemnify NOWAI against all Claims relating in any way to your use of NOWAI This indemnity includes reimbursement to NOWAI for any applicable court costs and expenses of litigation, including but not limited to reasonable attorneys’ fees, and reimbursement for any losses and liabilities of NOWAI, including but not limited to, judgments, settlements, fees, costs, expenses, legal debts, legal obligations, and any third-party Claims against NOWAI
NOWAI makes no warranties or representations with respect to user Content and is not responsible for unauthorized use. Users are responsible for using NOWAI only as authorized and in compliance with applicable laws of the jurisdictions in which such users are domiciled, reside, or are located at the time of such use. Users who observe unauthorized or illegal use of NOWAI are encouraged to report such conduct immediately to NOWAI Discord or Telegram moderators for review.
You may purchase a Paid Subscription directly from NOWAI by paying a subscription fee plus applicable taxes in advance on a monthly basis. Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.
Price and Tax Changes NOWAI may from time to time make changes to Paid Subscriptions, including recurring subscription fees and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the NOWAI Service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect. Tax rates are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.
Renewal and Cancellation Your payment to NOWAI will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscription before the end of the then-current subscription period. You can cancel your subscription anytime via the Lemon Squeezy Portal, accessible via the NOWAI navigation menu. Please contact our Customer Support team (email@example.com) if you have questions or need help with this. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the NOWAI Service. We do not provide refunds or credits for any partial subscription periods, except as expressly stated in these Terms.
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