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Commercial Agreement


By utilising the Service offered by AIModelPlace, you indicate your acceptance of our Terms of Use and consent to be bound by the terms and conditions outlined herein.

REGISTRATION OBLIGATIONS

Before utilising the Service, you are required to register with AIModelPlace through the provided Service's Registration Form and must:

(a) provide truthful, precise, up-to-date, and complete information ("Registration Data") as prompted by the Registration Form.

(b) consistently maintain and promptly update the Registration Data to ensure its accuracy, currency, and completeness.

USER ACCOUNT, PASSWORD, AND SECURITY

Upon completion of the Service's registration process, you will be assigned an account along with a password. It is your responsibility to maintain the confidentiality of the password and/or account, and you are fully accountable for all activities conducted under your password and/or account. You agree to:

(a) inform AIModelPlace of any unauthorised use of your password and/or account or any other security breaches, and

(b) ensure that you log out of your account at the conclusion of each session. AIModelPlace cannot and will not be held liable for any loss or damage resulting from your failure to adhere to this security protocol.

USER CONDUCT

You acknowledge that all text, information, data, software, photographs, graphics, video, messages or other materials (“Content”), whether privately transmitted or publicly posted, are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. As AIModelPlace does not pre-screen all the Content posted via the Service, therefore, it does not guarantee the accuracy, integrity or quality of such Content. You also realise that by using the Service, you may be exposed to Content that is indecent, offensive, objectionable or otherwise unsuitable. AIModelPlace will NOT, in any circumstance or in any way, be liable for any Content, including, but not limited to, any errors or omissions in any Content, or 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 Service.

You are prohibited from using the Service to:

-Upload, post, email, transmit, or otherwise make available any Content that is unlawful, abusive, harassing, harmful, threatening, tortuous, defamatory, obscene, vulgar, libellous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

-Upload, post, email, transmit, or otherwise make available any Content that you do not have the right to make available under any law or under any contractual or fiduciary relationships.

-Upload, post, email, transmit, or otherwise make available any Content that infringes any trademark, copyright, patent, trade secret, or other proprietary rights ("Rights") of any party.

-Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer codes, files, or programs designed to interrupt, limit, or destroy the functionality of any computer software or hardware or telecommunications equipment.

You acknowledge that AIModelPlace shall possess the right, though not the obligation, at its sole discretion, to reject or remove any Content available via the Service. Without limiting the foregoing right, AIModelPlace shall have the authority to remove any Content that violates the Terms of Use (TOU) or is otherwise objectionable. You agree that you must assess and assume all risks associated with the use of any Content, including any reliance on the completeness, usefulness, or accuracy of such Content.

Furthermore, you agree that, if required by law or events necessitate it to do so, AIModelPlace may preserve or disclose Content to:

(a) enforce this TOU;

(b) comply with legal procedures;

(c) respond to claims of any Content violations of the rights of third parties; or

(d) protect the rights, property, or personal safety of AIModelPlace, its users, and the public.



LICENCE OF PURCHASED CONTENT

Licence of Purchased Assets:

In the event of a legitimate licence or a free download, any transmission of content from a registered AIModelPlace user to a third party shall be subject to the following terms:

The Vendor shall maintain ownership of the copyrights and all other rights in the Asset purchased or downloaded by any third party via AIModelPlace, subject to any licence agreement between Vendor and AIModelPlace.

Licence rights related to the content for sale via AIModelPlace, including but not limited to AI models, images, scripts, are contingent upon the transfer of money from the third party to the Vendor. All licence rights resulting from a reversed or incomplete sale will terminate immediately without prior notice. The Vendor grants the third party a non-exclusive, non-transferable, worldwide, royalty-free licence to publicly perform, publicly display, and digitally perform the content acquired by purchasing or freely downloading the content submitted by the registered Vendor.

The third party is expressly prohibited from making any redistribution or resale of any content obtained from AIModelPlace, whether the content is for sale or freely available for download, whether part of a valid sale or not. In the event the third party returns any content, whether acquired via a valid sale or freely available for download, all licence rights granted herein will immediately terminate.

RETURNS

Intangible goods:

A refund may be issued if a buyer is not satisfied with the product. However, the issuance of refunds is solely at the discretion of the Vendor or AIModelPlace. Refunds will be issued only after the buyer has worked with the Vendor on the problem. When a refund is issued, the buyer is responsible for the immediate deletion of all files using the product and may not distribute the product.

Tangible goods:

Opened products shall not be returned unless defective. In accordance with the Product Vendor warranty, any defective product may be exchanged or returned to its Product Vendor. However, where no such warranty exists, AIModelPlace may refund the buyer within 7 days of receipt of the returned Product. Refunds do not include original shipping and handling charges. All returns and refunds are subject to a 5% restocking fee.

SUPPORT OF PURCHASED ASSETS

Each Vendor is responsible for providing support for its own purchased product should problems or questions arise. All requests for technical service and support should be made directly to the vendor via AIModelPlace's internal message system.

INDEMNITY

You shall indemnify and hold AIModelPlace, and its subsidiaries, affiliates, officers, employees, agents, co-branders, or other partners, immune from any claim or demand, any costs, expenses or fees, made by any third party due to or arising out of the Content you submit, post, transmit, or make available through the Service, your use or connection to the Service, your violation of the TOU, or your violation of any rights of any party.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that AIModelPlace shall not be responsible or liable for the deletion or the failure to store any Content maintained, published, or transmitted by the Service. You also agree that AIModelPlace reserves the right to change these general practices and limitations at any time, in its sole discretion, with or without prior notice.

MODIFICATIONS OF THE SERVICE

AIModelPlace reserves the right to modify or discontinue, temporarily or permanently, the Service, whole or parts, with or without prior notice, at any time. You agree that AIModelPlace shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

TERMINATION OF ACCOUNT

You acknowledge that, under certain circumstances and without prior notice, AIModelPlace reserves the right to immediately terminate your AIModelPlace account and access to the Service. Causes for such termination include but are not limited to:

(a) breaches or violations of the TOU or any other related agreements or guidelines,

(b) complying with law enforcement or other government agencies,

(c) self-initiated account deletions in complying with your request,

(d) discontinuance or material modification to the Service, whole or parts,

(e) unexpected technical issues or problems, and

(f) extended periods of account inactivity.
Termination of your AIModelPlace account includes:

(a) removal of access to all offerings within the Service,

(b) deletion of your password and all related information, files, and content associated with or inside your account, whole or parts, and

(c) barring further use of the Service.

You also agree that all terminations for cause shall be made in the sole discretion of AIModelPlace and that it shall not be liable to you or any third party for any termination of your account or access to the Service.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT:

YOU USE THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. AIModelPlace EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

AIModelPlace DOES NOT WARRANT THAT (i) THE SERVICE WILL SATISFACTORILY MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE, (iii) THE ACQUIRED RESULTS FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE BY YOU WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER THAT RESULTS FROM ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, WHICH IS DONE AT YOUR OWN DISCRETION AND RISK.

EXCEPT AS EXPRESSLY SET FORTH IN THIS TOU, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AIModelPlace OR THROUGH OR FROM THE SERVICE SHALL BE TANTAMOUNT TO ANY WARRANTY.

LIMITATION OF LIABILITY

YOU AGREE THAT IN NO EVENT WILL AIMODELPLACE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF AIMODELPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THAT RESULT FROM:

(i) THE USE OR THE INABILITY TO USE THE SERVICE;

(ii) THE COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

(iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(iv) MESSAGES OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

(v) ANY OTHER MATTER RELATING TO THE SERVICE.

TERMS OF USE AMENDMENT

AIModelPlace reserves the right to change the terms of these Terms Of Use with or without prior notice at any time.