Terms of Use
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1.
Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of playdates.ai (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by the owner and operator of playdates.ai (the “Company”) upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://playdates.ai/tos. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2.
Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at https://playdates.ai/privacy.
3.
Ownership. All content included on this site is and shall continue to be the property of Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4.
Submissions. When using the Site, you will provide input and receive output from the Site. You represent and warrant that you have all rights, licenses, and permissions to your inputs. You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Company through this Site (each, a "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.
Our use of Submissions may include providing, maintaining, developing, and improving the Site. We may also use Submissions to comply with applicable law or government requests, enforce our terms and policies, and for security reasons. You agree that Company will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.
5.
Adults Only. This website is not intended for any person under the age of 18. If you are under the age of 18, you are not permitted to use the Site. By accessing or using the Site, you represent and warrant that you are 18 years old or older. You may be required to provide proof of your age where required by law. By creating an account and providing payment information, you acknowledge that the transaction is non-refundable and that you may be required to submit age verification documentation depending on the state where you reside. If your state requires age verification, you will not gain access to the Site until verification is complete. You will receive an email when the age verification process is complete. Your transaction will not be refunded regardless of the outcome of age verification.
6.
Child Sexual Exploitation. You may not use the Site to generate visual depictions of or communicate about children engaging in sexual acts or sexually suggestive acts. This includes, but is not limited to, sharing fantasies or actual stories about child sexual behavior, discussing plans or arrangements to engage in sexual acts with children, and requesting photos of children engaged in sexual behavior. Suspected and actual violations of this policy will be reported to law enforcement and your account will be terminated. Please report any inadvertent computer generated image of children to support@playdates.ai. For purposes of this policy, a child is any person under the age of 18.
7.
Prohibited Content. It is a violation of these Terms of Use to share or have created content or used that is illegal or harmful to others, including but not limited to the following:.
(a)
Child Sexual Exploitation as outlined above;
(b)
Content that violates local, national, or international laws and regulations;
(c)
Content that infringes on the privacy or intellectual property rights of individuals;
(d)
Content that impersonates celebrities or public figures;
(e)
Content that is threatening, abusive, harassing, tortious, bullying, or excessively violent;
(f)
Content that is defamatory, false, or intentionally misleading;
(g)
Content that constitutes hate speech, including racial, ethnic, age, religious, gender, disability, or sexual orientation discrimination;
(h)
Content that promotes terrorism or violence; and
(i)
Content that seeks medical, legal, tax, or financial advice.
Violations of this policy may result in account suspension or termination, reporting to law enforcement, or legal action where appropriate. Please report any inadvertent computer generated content that violates this policy to support@playdates.ai.
8.
Registration. You may be required to register or subscribe to use some parts of the Site. When registering, you must provide true, accurate, complete, and correct information and keep this information updated if it changes. Each registered user will have a separate username and password, which may not be shared with anyone. Company may terminate your access to the Site if more than one person accesses the site with a single registration account.
9.
Subscription Plans. The Site offers subscription plans for a fee as set forth on the Site. Your subscription to a plan represents a binding commitment to pay for the subscription subject to these Terms of Use. To subscribe to a plan, you must register and create an account and provide current, complete, and accurate information as described above.
10.
Billing. If you purchase a Subscription Plan, you will provide valid and accurate billing information. Your transaction will be charged to the payment method you select. Transactions are processed by a third-party payment processor and are subject to their terms and conditions. Your subscription includes generative tokens as outlined on the Site. Your access to the Site will continue until you are out of generative tokens. You may purchase additional tokens if you run out. Your subscription will not renew automatically.
11.
Cancellation. You may cancel your Subscription at any time, however all sales are final and no refunds will be issued. You may cancel your Subscription Plan by sending an email to cancellation@playdates.ai with your username and reason for cancellation.
13.
Usage. If your usage of the Site results in an excessive number of requests, it could bog down the Site for other users. Excessive usage that results in Company’s servers being taxed or causing performance issues may result in a usage limit being placed on your subscription. In addition, we restrict automated interactions with our platform.
14.
Refunds. All sales are final and payments are non-refundable, except where required by law. Refunds cannot be claimed for any partial subscription period.
15.
International Use. The Site is operated and controlled from the United States. Using the Site is at your sole risk. You are responsible for compliance with local rules and laws regarding your use of the Site. Accessing the Site where prohibited by law is illegal. You may not use or export the Site or content in violation of U.S. export laws and regulations.
16.
Exemption from §2257. The images portrayed on the Site are not actual human beings. The images depicted are generated by artificial intelligence. Any generated image that resembles real people is purely coincidental. Company is not the “Primary Producer” or “Secondary Producer” as defined in 18 USC 2257. All users of the Site must verify that they are 18 years of age or older.
17.
Trademarks. Play Dates, and others are either trademarks or registered trademarks of Company. Other product and company names mentioned on this Site may be trademarks of their respective owners.
18.
Site Use. Company grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Company and Company may terminate your use of this website at any time.
19.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
20.
Indemnification. You agree to indemnify, defend, and hold Company and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
21.
Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
22.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
23.
Use of Information. Company reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
24.
Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent via email at support@playdates.ai:
(a)
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b)
A description of the copyrighted work that you claim has been infringed;
(c)
A description of where the material that you claim is infringing is located on the Site;
(d)
Your address, telephone number, and e-mail address;
(e)
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f)
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
25.
Dispute Resolution.
(a)
Notice of Dispute. You and Company will attempt to resolve any dispute arising out of or relating to these Terms and your use of the Site through negotiations between authorized representatives of Company and you. You may send notice of your dispute to support@playdates.ai or you may the number in the Contact Information clause in these Terms.
(b)
Mediation. If the matter is not resolved within 30 days of receipt of the notice of a dispute
(c)
Arbitration. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The expenses and fees of the arbitrator, and the cost (if any) of the hearing room, will be shared equally by the parties. Any arbitration hearing will be held at a location that is reasonably convenient to you and Company as mutually agreed upon in writing. In the event you and Company cannot agree on a location, the arbitrator shall choose the location.
(d)
Class Action Waiver. The parties agree to arbitrate solely on an individual basis and each party waives the right to arbitrate any dispute ass a class action, either as a member or a representative. Class arbitration (including the presiding over any form of a representative or class proceeding) and the consolidation of claims made by more than one plaintiff are both expressly prohibited. The parties hereby agree to arbitrate any dispute solely on an individual basis. The arbitrator(s) shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis, and shall not do so on a class or collective action basis.
(e)
Exception. Litigation of intellectual property and small claims court cases may be brought in state or federal court within the scope oof the respective court’s jurisdiction.
26.
Applicable Law. You agree that the laws of the state of Ohio, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Company or its affiliates.
27.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
28.
Waiver. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Company must be in writing and signed by an authorized representative of Company.
29.
Termination. Company may terminate this Agreement at any time, with or without notice, for any reason.
30.
Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
31.
Entire Agreement. This Terms of Use constitutes the entire agreement between you and playdates.ai and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and playdates.ai with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. playdates.ai may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
32.
Contact Information. You may contact us by email at support@playdates.ai.
