**PLEASE READ THIS DOCUMENT CAREFULLY. Generative Pictures LTD. (Generative Pictures, "we," or "us") offers an online immersive video sharing and streaming platform and community through its website located at demetera.org and other online services (collectively and including the “Generative Pictures Service”). By registering as a member or by using the Generative Pictures Service in any way, you accept these Terms of Service (“Agreement”), which forms a binding agreement between you and Generative Pictures. If you do not wish to be bound by this Agreement, do not use the Generative Pictures Service. **
BY CLICKING “I AGREE”, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND, THEN DO NOT CLICK “I AGREE.”
1. Service
These Terms of Service apply to all users of the Generative Pictures / Demetera Service, including users who are also contributors of Content on the Generative Pictures Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Generative Pictures Service may contain links to third party websites that are not owned or controlled by Generative Pictures. Generative Pictures has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Generative Pictures will not and cannot censor or edit the content of any third-party site. By using the Generative Pictures Service, you expressly relieve Generative Pictures from any and all liability arising from your use of any third-party website.
2. Who May Use the Generative Pictures Service
You must be at least 13 years old to use the Generative Pictures Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian’s permission to use the Generative Pictures Service. Please have him or her read this Agreement with you.
By granting your child permission to use the Generative Pictures Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Generative Pictures Service. If your child is using the Generative Pictures Service and is either under 13 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Generative Pictures Service is appropriate for your child, please review our Frequently Asked Questions or contact us.
Even if you are old enough to use the Generative Pictures Service and/or have your parent’s or guardian’s permission, some of the content available within the Generative Pictures Service may not be appropriate for you. Some content may contain “R-rated” material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
3. License to Use the Generative Pictures Service
Generative Pictures grants you a limited, non-exclusive license to access and use the Generative Pictures Service for your own personal, non-commercial purposes. This includes the right to view content available on the Generative Pictures Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
You may not use the Generative Pictures Service for commercial purposes unless:
You are a Generative Pictures Channel Runner, in which case you may use and access the Generative Pictures Service for commercial and non-commercial purposes, subject to compliance with the Generative Pictures Guidelines and Channel Runner Agreement; or
You are a Creator, in which case you may use and access the Generative Pictures Service for commercial and non-commercial purposes, subject to compliance with the Generative Pictures Guidelines and Creator Agreements.
Except as expressly permitted by Generative Pictures in writing, you will not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Generative Pictures Service or any source code therein. Nor will you attempt to circumvent any of Generative Pictures’s technical measures or take any measures to interfere with or damage the Generative Pictures Service. All rights not expressly granted by Generative Pictures are reserved.
4. Privacy
Your privacy rights are set forth in our Privacy Policy, which forms a part of this Agreement. Please review the Privacy Policy to learn about:
What information we may collect about you;
What we use that information for; and
With whom we share that information.
5. Account Security
You are responsible for all activity that occurs under your account, including any activity by authorized or unauthorized users. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials.
6. Term and Termination; Account Deletion
This Agreement begins on the date you first use the Generative Pictures Service and continues as long as you have an account with us.
You may delete your account at any time.
Generative Pictures may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Generative Pictures determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Generative Pictures’s reputation and goodwill. If Generative Pictures deletes your account for the foregoing reasons, you may not re-register for the Generative Pictures Service. Generative Pictures may block your email address and Internet protocol address to prevent further registration.
Upon termination, all licenses granted by Generative Pictures will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Generative Pictures shall not be responsible for the loss of such content.
7. Code of Conduct
In using the Generative Pictures Service, you must behave in a civil and respectful manner at all times. Further, you will not:
- Act in a deceptive manner by, among other things, impersonating any person;
- Harass or stalk any other person;
- Harm or exploit minors;
- Distribute “spam”;
- Collect information about others; or
- Advertise or solicit others to purchase any product or service within the Generative Pictures Site (unless you are an official Generative Pictures partner or -advertiser and have a written agreement with Generative Pictures).
Generative Pictures has the right, but not the obligation, to monitor all conduct on and content submitted to the Generative Pictures Service.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications by email: joyce@demetera.org. Any other feedback, comments, requests for technical support, and other communications should be directed to Generative Pictures customer service through joyce@demetera.org. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice.
If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to our Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in United Kingdom, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Generative Pictures may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Generative Pictures’s sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Generative Pictures, ITS CHANNEL RUNNERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. Generative Pictures MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. Generative Pictures DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Generative Pictures WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL Generative Pictures, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT Generative Pictures SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by Generative Pictures from its facilities in the United Kingdom. Generative Pictures makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
12. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Generative Pictures without restriction.
13. General
You agree that: (i) the Service shall be deemed solely based in the United Kingdom; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Generative Pictures, Generative Pictures’s Channel Runners and Generative Pictures’s Creators, either specific or general, in jurisdictions other than the United Kingdom. These Terms of Service shall be governed by the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any claim or dispute between you and Generative Pictures that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Fe County, New Mexico. These Terms of Service, together with the Privacy Notice and any other legal notices published by Generative Pictures on the Service, shall constitute the entire agreement between you and Generative Pictures concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Generative Pictures’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Generative Pictures reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Generative Pictures AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
14. Indemnification
You will indemnify, defend, and hold harmless Generative Pictures and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on the Generative Pictures Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Generative Pictures violates any law or infringes any third party right, including any intellectual property or privacy right.
15. Third Party Copyrights and Other Rights
Generative Pictures respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in our Copyrights and DMCA policy, which is incorporated into this Agreement. For other intellectual property claims, please send us a notice at joyce@demetera.org
16. Disclaimers
Generative Pictures reserves the right to modify the Generative Pictures Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Generative Pictures Service. Generative Pictures has no obligation to screen or monitor any content and does not guarantee that any content available on the Generative Pictures Service complies with this Agreement or is suitable for all users.
Generative Pictures provides the Generative Pictures Service on an “as is” and “as available” basis. You therefore use the Generative Pictures Service at your own risk. Generative Pictures expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Generative Pictures makes no representations or warranties:
- That the Generative Pictures Service will be permitted in your jurisdiction;
- That the Generative Pictures Service will be uninterrupted or error-free;
- Concerning any content submitted by any member;
- Concerning any third party’s use of content that you submit;
- That any content you submit will be made available on the Generative Pictures Service or will be stored by Generative Pictures;
- That the Generative Pictures Service will meet your business or professional needs;
- That Generative Pictures will continue to support any particular feature of the Generative Pictures Service; or Concerning sites and resources outside of the Generative Pictures Service, even if linked to from the Generative Pictures Service.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Generative Pictures Service, and no warranties shall apply after such period.
17. General Provisions
Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Generative Pictures in exercising any right hereunder will waive any further exercise of that right. Generative Pictures’s rights and remedies hereunder are cumulative and not exclusive.
This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Generative Pictures’s prior written consent. No third party shall have any rights hereunder.
You consent to receive all communications including notices, agreements, disclosures, or other information from Generative Pictures electronically. Generative Pictures may provide all such communications by email or by posting them on the Generative Pictures Service. For support-related inquiries, you may contact us. You may send notices of a legal nature to Generative Pictures at support@Generative Pictures.tv or the following address: Generative Pictures, 21A Hillmarton Road, N79E
Nothing herein shall limit Generative Pictures’s right to object to subpoenas, claims, or other demands.
This Agreement may not be modified except by a revised Terms of Service posted by Generative Pictures on the Generative Pictures Site or a written amendment signed by an authorized representative of Generative Pictures. A revised Terms of Service will be effective as of the date it is posted on the Generative Pictures Site.
This Agreement constitutes the entire understanding between Generative Pictures and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. This Agreement incorporates the following documents by reference: