Terms and Conditions of Use set forth below are a legal agreement applied to usage of AI-generated photos between users of https://photo-ac.com/en (hereinafter referred to as “photoAC”) and ACworks Co., Ltd. (hereinafter referred to as “Company”), the owner and operator of photoAC. By using photoAC, users shall be deemed to have agreed to the terms and conditions hereof. In the case where users do not agree to the Terms and Conditions of Use, users may not use photoAC.
Downloading and Using AI-generated photos
- A user who downloaded AI-generated photos may freely alter, edit and use the AI-generated photos for any purposes, including commercial purpose. A user may freely use the downloaded AI-generated photos not only for its own use but also for furnishing to business partners, for educational purposes, or to use the same as part of components of printed matter such as advertisements and pamphlets, multimedia content, including websites, etc., and movies, games and software, etc.
However, the following methods of use are prohibited. Please pay attention as methods of use in breach of the prohibited matters constitute infringement of the copyrights of the Company.
- (1) It is not permitted to use AI-generated photos in pornography or illegal or any other immoral purposes or to use AI-generated photos for the purpose of presenting recommended products and/or services such as “Voices from Customers”.
- (3) AI-generated photos may not be used in relation to articles, movies, advertisements and publicities, etc., which have illegal, false or defaming content.
- (4) AI-generated photos may not be used in a manner against public order and good morals or for the purpose of furnishing to the business and activities against public order and good morals. AI-generated photos may not be used on covers, packages, articles, movies, advertisements and publicities and in any other manner in relation to adult magazines and adult films (regardless of the media, including DVDs, CD-ROMs, or websites, etc.), whether or not they are against public order and good morals. They may not be used in articles, movies, advertisements and publicities and in any other manner in relation to pornography and adult entertainment (refer to any matters related to sex culture, regardless of whether they are legal, illegal, for profit or nonprofit, individuals or corporations and in any other manner).
- (5) It is not permitted to distribute (sell, lease, distribute freely, rent freely) the AI-generated photos as an independent transaction subject as they are or after processing, or furnishing the same by using public transmission (transmission using websites on the Internet or broadcasting, etc.) whether it is for profit or nonprofit purpose.
- (6) AI-generated photos may not be used in a manner disturbing publication of AI-generated photos of the Company.
- (7) It is not permitted to use the AI-generated photos or the secondary works, containing processed AI-generated photos data as the main content in the products (refer to but not limited to calendars, jigsaw puzzles, etc.), to publish or send the same via the Internet and by any other similar method, and to distribute by incorporating the same into software and/or hardware (for example, use for greeting card services and AI-generated photos download services, etc., on the Internet, distribution through incorporation into a standby screen of mobile phones, incorporation as material samples of application software, etc., and incorporation into screen savers, etc.). It is also not permitted to provide printing services, etc., by incorporating the same into hardware, software, etc., as a AI-generated photos.
- (8) It is not permitted to register the AI-generated photos as a trademark.
- (9) It is not permitted to download 51 or more AI-generated photos per day.
- It is not permitted to use the photoAC service to generate images identical or similar to the physical appearance of a real person or the copyrighted work of a third party.
- Some of the AI-generated photos on photoAC might be subject to copyrights, property rights and trademark rights, etc., of third parties and the consent or license of these rights by third parties might be required. The Company does not represent or warrant that the Company owns the above rights or grants licenses or does not grant them. It is the responsibility of users and a person who uploads the AI-generated photos to confirm that all rights, consents and licenses required for use of AI-generated photos are obtained.
Amendment of Terms and Conditions of Use
- The Company may amend the Terms and Conditions of Use at its discretion at any time by the determination of the Company.
- The Company shall not be obligated to give notice to users of amendment of the Terms and Conditions of Use. The amended Terms and Conditions of Use shall become effective at the time of displaying on the Site, except when otherwise provided by the Company. In the case where a user used the Site after the effectuation of amendment of the Terms and Conditions of Use, the user shall be deemed to have agreed to all the amended Terms and Conditions of Use.
- The Company shall not make any warranty of the legality of the AI-generated photos provided by photoAC.
- The Company shall not be liable for any failures and accidents, etc., that might arise due to the use of AI-generated photos as well.
- The Company shall not assume any liability for ordinary damages, punitive damages, special damages, indirect damages, consequential damages or incidental damages or loss of profits and any other damages, costs or losses arising from the use of photoAC or the use of the AI-generated photos on the photoAC to users, other persons or entities.
- The Company may close photoAC or terminate services at any time without notice. In such a case, The Company shall not assume any liability for the damages incurred by users thereby.
- Users may not assign, transfer, offer for security or make any other dispositions to any third party the rights to the Company or the obligations owed to the Company.
- If the Company incurred any damages due to the breach of the Terms and Conditions of Use, users shall immediately compensate for such damages.
- Notices from the Company to members shall be made by communication means determined by the Company as appropriate such as in writing, by sending an e-mail (mail magazine), or posting on the website, etc. In the case where such notice is given by sending an e-mail or posting on the website, the notice shall be deemed to be delivered to the members at the time of distribution on the Internet.
- The Company may change the specifications of photoAC, including an improvement, addition and deletion, etc. Users shall agree to such change in advance.
- The Company shall not assume any liability for the websites which users access via the link from photoAC. Link does not mean that the hyperlink destinations and the Company have the relationship of affiliation or business partners, etc.
- Even in the case where any part of the Terms and Conditions of Use was held to be illegal, invalid or unenforceable by laws or regulations, any other provisions of the Terms and Conditions of Use shall continue to be in effect.
- The Terms and Conditions of Use shall be governed by the laws of Japan.
- Osaka District Court shall be the court of exclusive jurisdiction by agreement in the first instance over any disputes concerning the use of photoAC and templates stored by photoAC or downloaded from photoAC and used.