Terms of Use
This Terms of Use uses the words "You", "your", and “user" interchangeably and refer to anyone, whether an individual, natural person or under or for any legal entity, plural or singular, that accesses and/or uses the Open AI website and services; these words also include "Affirmer" as that word is defined and used in the CC0 1.0 Universal Public Domain Dedication (available at https://creativecommons.org/publicdomain/zero/1.0 and hereby incorporated by reference as though fully set forth herein). Any such user warrants that the user is of full legal age to contract in their respective legal jurisdiction.
Open AI website and services provide generative tools to allow users to express their creativity.
Privacy
Open AI will not sell or release the private information described below in "Private Information Stored" to any third party except in any public sale, merger, or other acquisition of Open AI or as required by law. In the event of a public sale, merger, or acquisition any subsequent party shall be bound by the provisions described in these Terms of Service. Open AI will destroy such private information if this agreement cannot be upheld.
The user acknowledges that any generations the user might make may be publicly available in a public feed unless expressly stated otherwise.
Private Information Stored
The Open AI service privately tracks and stores the following:
- The IP address of the user submitting prompts
- The inputs provided by each unique user for each unique prompt
The purpose of this collection is to allow the user to store and view their generations, save other generations, share them, and perform other service operations. Because your generations are tied to your IP, which may change, your generations history may be lost. Your generations history may also be erased by routing storage cleaning or for other reasons. You can save your generations by downloading them to your device.
Delete all information associated with me.
**By using Open AI website and services, you hereby agree to forfeit all intellectual property rights claims worldwide, and forfeit any/all copyright claim(s), to the Content you provide or receive through your use of Open AI website and services, regardless of legal jurisdiction or intellectual property law applicable therein. **
Copyright
The public domain is not a unified concept across legal jurisdictions; thus, the specific
affirmation you make When you use the Open AI website and services you make an affirmation of
the CC0 1.0 Universal Public Domain Dedication [available at
https://creativecommons.org/publicdomain/zero/1.0] because the public domain is not a unified concept across legal jurisdiction. Any/all users
(including "Affirmers" as described in the Universal Public Domain Dedication) expressly agree
to the entirety of the referenced and incorporated Universal Public Domain Dedication, which
includes, but is not limited to, the following:
. . . .
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.
. . . .
By use of Open AI website and services, all users acknowledge to have read and accepted the full CC0 1.0 Universal Public Domain Dedication (available at https://creativecommons.org/publicdomain/zero/1.0), which includes but not limited to the foregoing waiver of intellectual property rights concerning any Content. The user acknowledges and understands that by using the Open AI website and services, you provide a waiver that also includes a 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, and further that any such user acknowledges no authority or right to deny permission to others to do the same concerning the Content. Any such user hereby waives and does not hold any rights whatsoever, regardless of legal jurisdiction to or in the Content. Further, all such users hereby acknowledge that this Terms of Use will be binding upon any of the user's successors, heirs, agents, affiliates, administrators, representatives, attorneys, executors, divisions, and assigns, now and forever. This waiver further irrevocably and forever releases, acquits, and discharges Open AI from any and all claims, demands, charges, complaints, controversies, agreements, promises, and causes of action of any kind or nature whatsoever, both at law and in equity, known or unknown, suspected or unsuspected, arising out of and relating in any way to the Content.
Note that while users have forfeited copyright (and any/all intellectual property right claims) on these images, they are still public domain and can be used by anyone for any purpose, including by the user. Feel free to use images from Open AI website and services for anything, including commercial purposes.
Open AI website and services use Stable Diffusion for generations. By using our services, you are required to comply with the Stable Diffusion license terms.
Prompt Guidelines
Open AI website and services should not be used for:
- NSFW, lewd, or sexual material
- Hateful or violent imagery, such as antisemitic iconography, racist caricatures, misogynistic and misandrist propaganda, etc.
- Personal information about yourself or any other person. This includes but is not limited to phone numbers, residential addresses, social security numbers, driver's license numbers, account numbers, etc.
- Copyrighted or trademarked material should be avoided in prompts.
Indemnity Clause
Users, by use of Open AI website and services, hereby agree to indemnify and hold harmless Open AI 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 (from now on "Claims"), arising out of and relating in any way to intellectual property infringement claims made against Open AI concerning your Content if such Claims inure to your benefit in any way and also to hold harmless and indemnify Open AI against all Claims relating in any way to your use of Open AI website and services. This indemnity includes reimbursement to Open AI 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 Open AI, including but not limited to judgments, settlements, fees, costs, expenses, legal debts, legal obligations, and any third-party Claims against Open AI
Open AI makes no warranties or representations concerning user Content and is not responsible for unauthorised use. Users are responsible for using Open AI website and services only as authorised 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 unauthorised or illegal use of Open AI website and services are encouraged to report such conduct immediately to Open AI moderators for review.
Choice of Law Should any dispute arise under this Terms of Use, the access or use of Open AI website or services, etc., the law of the State of Delaware in all respects shall govern, without regard for the jurisdiction or forum in which the user is domiciled, resides, or located at the time of such access/use.
If you use the Open AI website you agree and understand all work with Open AI website and services is public domain, and indicate the user is of legal age to contract in the user's jurisdiction and indicates the user's fully informed acknowledgement, understanding, and agreement to the entirety of this Terms of Use and anything incorporated herein by reference. If you disagree, use of Open AI website and services without the user's acceptance of this Terms of Use and all incorporated provisions constitutes unauthorised use for which the user disclaims any/all potential or actual right to relief against Open AI, regardless of the legal jurisdiction of Open AI or the user's domicile, residence, or location.