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Terms of Service
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Last updated: June 12, 2023
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18 | Please read these terms and conditions carefully before using Our
19 | Service.
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21 |
22 | Interpretation and Definitions
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24 |
Interpretation
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26 | The words of which the initial letter is capitalized have meanings
27 | defined under the following conditions. The following definitions
28 | shall have the same meaning regardless of whether they appear in
29 | singular or in plural.
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Definitions
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For the purposes of these Terms and Conditions:
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34 | -
35 |
36 | Affiliate means an entity that controls, is
37 | controlled by or is under common control with a party, where
38 | "control" means ownership of 50% or more of the shares, equity
39 | interest or other securities entitled to vote for election of
40 | directors or other managing authority.
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42 |
43 | -
44 |
45 | Country refers to: United States
46 |
47 |
48 | -
49 |
50 | Company (referred to as either "the Company",
51 | "We", "Us" or "Our" in this Agreement) refers to Imagen.
52 |
53 |
54 | -
55 |
56 | Device means any device that can access the
57 | Service such as a computer, a cellphone or a digital tablet.
58 |
59 |
60 | -
61 |
62 | Service refers to the Website.
63 |
64 |
65 | -
66 |
67 | Terms and Conditions (also referred as "Terms")
68 | mean these Terms and Conditions that form the entire agreement
69 | between You and the Company regarding the use of the Service.
70 |
71 |
72 | -
73 |
74 | Third-party Social Media Service means any
75 | services or content (including data, information, products or
76 | services) provided by a third-party that may be displayed,
77 | included or made available by the Service.
78 |
79 |
80 | -
81 |
82 | Website refers to Imagen, accessible from{" "}
83 |
84 | imagen-danielpark1239.vercel.app
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86 |
87 |
88 | -
89 |
90 | You means the individual accessing or using the
91 | Service, or the company, or other legal entity on behalf of
92 | which such individual is accessing or using the Service, as
93 | applicable.
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Acknowledgment
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99 | These are the Terms and Conditions governing the use of this Service
100 | and the agreement that operates between You and the Company. These
101 | Terms and Conditions set out the rights and obligations of all users
102 | regarding the use of the Service.
103 |
104 |
105 | Your access to and use of the Service is conditioned on Your
106 | acceptance of and compliance with these Terms and Conditions. These
107 | Terms and Conditions apply to all visitors, users and others who
108 | access or use the Service.
109 |
110 |
111 | By accessing or using the Service You agree to be bound by these
112 | Terms and Conditions. If You disagree with any part of these Terms
113 | and Conditions then You may not access the Service.
114 |
115 |
116 | Your access to and use of the Service is also conditioned on Your
117 | acceptance of and compliance with the Privacy Policy of the Company.
118 | Our Privacy Policy describes Our policies and procedures on the
119 | collection, use and disclosure of Your personal information when You
120 | use the Application or the Website and tells You about Your privacy
121 | rights and how the law protects You. Please read Our Privacy Policy
122 | carefully before using Our Service.
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124 |
Links to Other Websites
125 |
126 | Our Service may contain links to third-party web sites or services
127 | that are not owned or controlled by the Company.
128 |
129 |
130 | The Company has no control over, and assumes no responsibility for,
131 | the content, privacy policies, or practices of any third party web
132 | sites or services. You further acknowledge and agree that the
133 | Company shall not be responsible or liable, directly or indirectly,
134 | for any damage or loss caused or alleged to be caused by or in
135 | connection with the use of or reliance on any such content, goods or
136 | services available on or through any such web sites or services.
137 |
138 |
139 | We strongly advise You to read the terms and conditions and privacy
140 | policies of any third-party web sites or services that You visit.
141 |
142 |
Icon Generation
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144 | We can use your icons to promote our service. This includes, but is
145 | not limited to: online ads, physical ads, social media posts, and
146 | anywhere inside this application.
147 |
148 |
Termination
149 |
150 | We may terminate or suspend Your access immediately, without prior
151 | notice or liability, for any reason whatsoever, including without
152 | limitation if You breach these Terms and Conditions.
153 |
154 |
155 | Upon termination, Your right to use the Service will cease
156 | immediately.
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158 |
Limitation of Liability
159 |
160 | Our service uses AI provided by OpenAI to generate icons. Please
161 | review copyright laws for your country and state in regards to AI
162 | generated art or images. By using our services, you agree that our
163 | company and service assumes no responsibility for the images
164 | generated. Nor do we assume responsibility for damages or loss
165 | caused by these images.
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167 |
168 | Notwithstanding any damages that You might incur, the entire
169 | liability of the Company and any of its suppliers under any
170 | provision of this Terms and Your exclusive remedy for all of the
171 | foregoing shall be limited to the amount actually paid by You
172 | through the Service or 100 USD if You haven't purchased anything
173 | through the Service.
174 |
175 |
176 | To the maximum extent permitted by applicable law, in no event shall
177 | the Company or its suppliers be liable for any special, incidental,
178 | indirect, or consequential damages whatsoever (including, but not
179 | limited to, damages for loss of profits, loss of data or other
180 | information, for business interruption, for personal injury, loss of
181 | privacy arising out of or in any way related to the use of or
182 | inability to use the Service, third-party software and/or
183 | third-party hardware used with the Service, or otherwise in
184 | connection with any provision of this Terms), even if the Company or
185 | any supplier has been advised of the possibility of such damages and
186 | even if the remedy fails of its essential purpose.
187 |
188 |
189 | Some states do not allow the exclusion of implied warranties or
190 | limitation of liability for incidental or consequential damages,
191 | which means that some of the above limitations may not apply. In
192 | these states, each party's liability will be limited to the greatest
193 | extent permitted by law.
194 |
195 |
196 | "AS IS" and "AS AVAILABLE" Disclaimer
197 |
198 |
199 | The Service is provided to You "AS IS" and "AS AVAILABLE" and with
200 | all faults and defects without warranty of any kind. To the maximum
201 | extent permitted under applicable law, the Company, on its own
202 | behalf and on behalf of its Affiliates and its and their respective
203 | licensors and service providers, expressly disclaims all warranties,
204 | whether express, implied, statutory or otherwise, with respect to
205 | the Service, including all implied warranties of merchantability,
206 | fitness for a particular purpose, title and non-infringement, and
207 | warranties that may arise out of course of dealing, course of
208 | performance, usage or trade practice. Without limitation to the
209 | foregoing, the Company provides no warranty or undertaking, and
210 | makes no representation of any kind that the Service will meet Your
211 | requirements, achieve any intended results, be compatible or work
212 | with any other software, applications, systems or services, operate
213 | without interruption, meet any performance or reliability standards
214 | or be error free or that any errors or defects can or will be
215 | corrected.
216 |
217 |
218 | Without limiting the foregoing, neither the Company nor any of the
219 | company's provider makes any representation or warranty of any kind,
220 | express or implied: (i) as to the operation or availability of the
221 | Service, or the information, content, and materials or products
222 | included thereon; (ii) that the Service will be uninterrupted or
223 | error-free; (iii) as to the accuracy, reliability, or currency of
224 | any information or content provided through the Service; or (iv)
225 | that the Service, its servers, the content, or e-mails sent from or
226 | on behalf of the Company are free of viruses, scripts, trojan
227 | horses, worms, malware, timebombs or other harmful components.
228 |
229 |
230 | Some jurisdictions do not allow the exclusion of certain types of
231 | warranties or limitations on applicable statutory rights of a
232 | consumer, so some or all of the above exclusions and limitations may
233 | not apply to You. But in such a case the exclusions and limitations
234 | set forth in this section shall be applied to the greatest extent
235 | enforceable under applicable law.
236 |
237 |
Governing Law
238 |
239 | The laws of the Country, excluding its conflicts of law rules, shall
240 | govern this Terms and Your use of the Service. Your use of the
241 | Application may also be subject to other local, state, national, or
242 | international laws.
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244 |
Disputes Resolution
245 |
246 | If You have any concern or dispute about the Service, You agree to
247 | first try to resolve the dispute informally by contacting the
248 | Company.
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For European Union (EU) Users
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252 | If You are a European Union consumer, you will benefit from any
253 | mandatory provisions of the law of the country in which you are
254 | resident in.
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256 |
257 | United States Legal Compliance
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259 |
260 | You represent and warrant that (i) You are not located in a country
261 | that is subject to the United States government embargo, or that has
262 | been designated by the United States government as a "terrorist
263 | supporting" country, and (ii) You are not listed on any United
264 | States government list of prohibited or restricted parties.
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266 |
Severability and Waiver
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Severability
268 |
269 | If any provision of these Terms is held to be unenforceable or
270 | invalid, such provision will be changed and interpreted to
271 | accomplish the objectives of such provision to the greatest extent
272 | possible under applicable law and the remaining provisions will
273 | continue in full force and effect.
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Waiver
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277 | Except as provided herein, the failure to exercise a right or to
278 | require performance of an obligation under these Terms shall not
279 | effect a party's ability to exercise such right or require such
280 | performance at any time thereafter nor shall the waiver of a breach
281 | constitute a waiver of any subsequent breach.
282 |
283 |
Translation Interpretation
284 |
285 | These Terms and Conditions may have been translated if We have made
286 | them available to You on our Service. You agree that the original
287 | English text shall prevail in the case of a dispute.
288 |
289 |
290 | Changes to These Terms and Conditions
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292 |
293 | We reserve the right, at Our sole discretion, to modify or replace
294 | these Terms at any time. If a revision is material We will make
295 | reasonable efforts to provide at least 30 days' notice prior to any
296 | new terms taking effect. What constitutes a material change will be
297 | determined at Our sole discretion.
298 |
299 |
300 | By continuing to access or use Our Service after those revisions
301 | become effective, You agree to be bound by the revised terms. If You
302 | do not agree to the new terms, in whole or in part, please stop
303 | using the website and the Service.
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305 |
Contact Us
306 |
307 | If you have any questions about these Terms and Conditions, You can
308 | contact us:
309 |
310 |
311 | - By email: danielpark1239@gmail.com
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