Last Updated: 2019.08.20
") apply to your access and use of this website, or the applications and other online products and services (collectively, our "Services") provided by NijigenkaAI. ("NijigenkaAI
" or "we
"). By accessing the NijigenkaAI website or by using NijigenkaAI's chat bots you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15, do not access or use our Services.
If you have any questions about these Terms or our Services, please contact us at email@example.com 1. Description of Services
NijigenkaAI is an application based software that uses artificial intelligence algorithms to transform your photos into anime style works of art. The artificial intelligence algorithms use some anime styled based on a photo content and neural network weights. The application allows you to (a) take photos using the application or (b) upload preexisting photos onto the application. You can then apply anime effect to the photos. Once you submit a photo to the application, NijigenkaAI's algorithm runs, transforming the photo. You can then share the photos through social media sites or store them for personal use.
You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity's behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. 3. User Accounts and Account Security
You will need to use your credentials (e.g., username and password) from a third-party online platform to access some or all of our Services. You must maintain the security of your third party account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. 4. Privacy
You grant NijigenkaAI a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed, without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your [username], location or profile photo) will be visible to the public.
User Content removed from the Services may continue to be stored by NijigenkaAI, including, without limitation, in order to comply with certain legal obligations. NijigenkaAI is not a backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage. NijigenkaAI will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content. 6. Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user's account without authorization from that user and NijigenkaAI;
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party's consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose NijigenkaAI or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. 7. Disclaimers
We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services.
Your use of our Services is at your sole risk. Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, NijigenkaAI does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While NijigenkaAI attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. 8. Limitation of Liability
NijigenkaAI and the other NijigenkaAI Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if NijigenkaAI or the other NijigenkaAI Parties have been advised of the possibility of such damages. The total liability of NijigenkaAI and the other NijigenkaAI Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of NijigenkaAI or the other NijigenkaAI Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 9. Transfer and Processing Data
By accessing or using our Services, you consent to the processing, transfer and storage of information about you in and to the Russia Federation and other countries, where you may not have the same rights and protections as you do under local law. 10. Links
NijigenkaAI has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by NijigenkaAI of the site. Use of any such linked website is at the user's own risk. 11. Modifications
NijigenkaAI may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.