Please read carefully: These Terms of Service (these “Terms”) constitute a legally binding agreement between you (“you” or “your”) and Vidream.
These Terms govern your access and use of our websites where these Terms are posted (the “Sites”), our mobile applications (the “Apps”), and our related content, products, and services (collectively, and together with the Sites and the Apps, the “Service”).
By downloading, installing or using the Service in any manner, you agree to these Terms and you agree to comply with and be bound by any applicable specific, supplemental or third-party licenses or terms when using the Service.
IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS IN THESE TERMS, DO NOT ACCESS AND IMMEDIATELY STOP USING THE SERVICE, AND IMMEDIATELY UNINSTALL AND DELETE ANY COPIES OF ANY APPS OR SOFTWARE INCLUDED IN THE SERVICE IN YOUR POSSESSION.
These Terms were originally drafted in English. If there is any conflict between the English-language version of these Terms and a version translated into another language, the English-language version will prevail.
1.Changes to the Terms and the Service
We may update these Terms from time to time, in our sole discretion (for example, when we remove or release new features, technologies, or services, to comply with legal, regulatory, or contractual requirements, or in response to exceptional or unforeseen circumstances). In such cases, we will take reasonable measures to inform you, in accordance with the significance of the changes performed, for example, by revising the date at the top of the updated Terms, via email or as a pop-up or push notification within the Service. It is your responsibility to review the Terms regularly, and to check the Service for updates to these Terms regularly. Unless otherwise noted, the updated Terms will be effective as of the time at which we post the updated Terms in the Service. By continuing to access or use our Service after updates become effective, you agree to be bound by the updated Terms. If you do not agree to the updated Terms, you must immediately stop using our Service, uninstall and delete any copies of any Apps or any software included in the Service in your possession.
We may also update, change, suspend or discontinue the Service (or any part, content or feature) at any time, without notice and without liability to you or anyone else (for example, to offer or test new or different features, technologies, or services, to repair, improve or further develop the Service, to comply with legal, regulatory or contractual requirements, or in response to exceptional or unforeseen circumstances).
Some services and features may not be available in all countries, in all languages, or in all operating systems.
2.Eligibility
OUR SERVICE IS NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF 16. If you are over the age of 16 but under the legal age of majority in your state of residence, your parent or guardian must review and agree to be bound by these Terms on your behalf and must supervise your use of the Service.
YOU MAY NOT ACCESS OR USE THE SITES OR ORDER, ACCESS OR USE THE SERVICE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US OR YOUR PARENT OR LEGAL GUARDIAN HAS NOT AGREED TO THESE TERMS AND YOUR USE OF OR ACCESS TO THE SERVICE, OR (C) ARE PROHIBITED BY APPLICABLE LAW FROM ACCESSING OR USING THE SERVICE.
3.Prohibited Uses
You agree that you will not, and will not permit any person accessing the Service using your device to do any of the following:
- Use the Service in any manner not permitted by these Terms;
- Use the Service for any purposes prohibited by applicable laws or regulations, or in any manner that violates or infringes upon the rights of others;
- Import, submit, upload, publish, post, communicate, or transmit to others in any way whatsoever, any unlawful, fraudulent, deceptive, harmful, defamatory, inaccurate, abusive, offensive, threatening, hateful, violent, harassing, discriminatory or racist content, or any content that infringes or violates another person’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);
- Copy (except as expressly permitted by these Terms) or modify the Service;
- Frame, mirror, display or incorporate the Service or any portion into any other program, site, service or product;
- Use the Service in a manner that interferes with, degrades, or disrupts the integrity or performance of any of our networks, technologies, products or services;
- Use any data mining or similar automated or manual data extraction, gathering or scraping methods in connection with the Service;
- Circumvent, bypass, defeat, modify, tamper or disable any content protection system, digital rights management, security feature or functionality in the Service; or
- Allow others to do any of the foregoing.
4.Our Intellectual Property Rights
We or our licensors retain and exclusively own all rights, title and interest in and to the Service and its content (including software, artwork, photos, videos, music, sounds, text, information and other materials posted, provided or otherwise made available through the Service, but excluding any User-Generated Content), including all intellectual proprietary rights, whether registered or not, which include, but are not limited to, copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to the Service.
We reserve all rights not expressly granted to you under these Terms.
5. User-Generated Content
The Service or one or more Promotions (as defined below) may provide features that allow you to upload, store, receive, create, modify, share or publish textual, visual, audio or other content (collectively, the “User-Generated Content”).
We do not claim any ownership rights to the User-Generated Content.
In order to allow us to operate, provide you with, and improve the Service and our technologies (and to develop new ones), we must obtain from you certain rights related to User-Generated Content that is covered by intellectual property rights. You hereby grant us a license to use User-Generated Content for the purposes of operating, developing, and improving the Service or new technologies or services, except that we will only use your User-Generated Content to improve the performance of machine learning models with your prior consent, all in accordance with the applicable privacy policy (please refer to section 2 (Privacy) for the applicable privacy policy). You will not be entitled to compensation for any use of User-Generated Content by us under these Terms.
You are solely responsible for the User-Generated Content, and you represent and warrant that such content will not infringe upon or violate the rights of any person, that it complies with these Terms and any applicable law, and that you have all the rights and authorizations necessary to grant the license in the paragraph above and to upload, store, receive, create, modify, share or publish the User-Generated Content on or through the Service and, when applicable, in connection with the Promotion.
We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). If you provide any Feedback, we may use it without restriction or compensation to you.
6. Generative AI Features
The Service may enable you to use certain features that implement one or more generative artificial intelligence models or tools (the “Generative AI Features”). The Generative AI Features may allow you to insert or upload as input text, images, video, audio or other content (“Input”). Based on the Input, you may generate and receive as output content such as text, images, video, or audio (“Output”). Your Input and Output are considered User-Generated Content under these Terms and, as between you and us, your Input and Output are yours.
Without limiting section 6 (Prohibited Uses), when using Generative AI Features, you will not, and will not permit any person accessing the Service using your account to do any of the following:
Upload, generate, or distribute content that facilitates the exploitation or abuse of children, including all child sexual abuse materials and any portrayal of children that could result in their sexual exploitation;
Upload, generate, or distribute content that contains or promotes sexually explicit content or profanity, including pornography, or any content or services intended to be sexually gratifying;
Perform or facilitate dangerous, illegal, or malicious activities, including (a) facilitation or promotion of illegal activities or violations of law, (b) abuse, harm, interference, or disruption of services (such as spam, phishing, or malware), (c) attempts to override or circumvent safety filters or intentionally drive the Generative AI Features to act in a manner that contravenes these Terms or other applicable policies, (d) generation or distribution of content that may harm or discriminate against individuals or a group, or promote any of the foregoing, and (e) generation or distribution of content intended to misinform, misrepresent, mislead, exploit, or harm others;
Upload, generate, or distribute content that encourages the illegal or inappropriate use of alcohol, tobacco, drugs, or the use of explosives, firearms, ammunition or certain firearms accessories;
Upload, generate, or distribute content that promotes violence or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, caste, immigration status or any other characteristic that is associated with systemic discrimination or marginalization; or
Upload, generate, or distribute content that depicts gratuitous violence or other dangerous activities.
7.Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE (EXPRESSLY INCLUDING ALL CONTENT AND FEATURES MADE AVAILABLE VIA THE SERVICE), IS PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF COURSE OF DEALING, OF TRADE USAGE OR PRACTICE, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR CORRUPTION OF DATA THAT RESULTS FROM THE USE OF AND ACCESS TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Termination
These Terms are effective until you perform each of the following: (i) stop using our Service, (ii) uninstall and delete any copies in your possession. You may stop using the Service at any time.
We may terminate these Terms at any time and for any reason by providing you with notice. Your rights under these Terms will terminate automatically if you fail to comply with any of its provisions.
Upon expiration, termination, or cancellation of these Terms for any reason, (a) you must cease all use of the Service and uninstall and delete all copies of all Apps or software included with the Service in your possession, and (b) all rights and obligations of both parties to these Terms, including all licenses granted under these Terms, will immediately terminate. The provisions of these Terms that are by their nature intended to survive termination or expiration of these Terms will so survive.
9. Changes to the Terms and the Service
We may update these Terms from time to time as we remove or release new features, technologies, or services, or to comply with legal, regulatory, or contractual requirements, in response to exceptional or unforeseen circumstances, or for other justifiable or business reasons. In such cases, we will take appropriate measures to inform you in accordance with the significance of the changes performed, for example, by notifying you via email or a pop-up or push notification within the Service. It is your responsibility to review the Terms regularly, and to check the Service for updates to these Terms regularly. By continuing to access or use our Service after updates become effective, you agree to be bound by the updated Terms. If you do not agree to the updated Terms, you must immediately stop using our Service, uninstall and delete any copies of any Apps or any software included in the Service in your possession.