Version Effective Date: November 18, 2023
Thank you for using the Dino platform (hereinafter referred to as "Dino", "we", "us", or "our"). These Terms of Service (the “Agreement”) govern your access to and use of the Services, which include any images and other assets that you might generate using the Service, or prompts you might enter into the Service (collectively, the “Assets”). This Agreement is a legal contract between you and Whitearmour Company, the entity operating Dino. Please read it carefully to understand your rights and obligations. Our Privacy Policy, which outlines how we handle your data, can be found here. By accessing or using the Services, you agree to be bound by the terms of this Agreement and the Privacy Policy.
This Agreement is entered into by Dino and the entity or person agreeing to these terms (the "Customer," "You" or "Your") and govern the Customer's access to and use of the Services.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.
Other documents referenced here may also bind Customer’s use of the Services, including the Community Guidelines below.
We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. Dino will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.
Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.
We reserve the right to suspend or ban Your access to the Services, as well as delete user Assets, at any time, and for any reason. You may not use the Services for competitive research. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. Only one user may use the Services per registered account. Each user of the Services may only have one account.
We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
By accessing the Services, You confirm that You are at least 13 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to our terms, Your parent or guardian must agree to our terms on Your behalf.
Please ask Your parent or guardian to read these terms with You. If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You and You are responsible for Your teenager’s activity on the Services.
We try to make the Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user queries. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer.
Our Services include a feature (‘NSFW Mode’) that allows users to access content that our artificial intelligence has flagged as Not Safe for Work (‘NSFW’). This content is unfiltered and may include mature or explicit material. NSFW Mode is deactivated by default to maintain a PG-13 and family-friendly environment.
Please be aware that our AI-based classification system is not infallible. While we strive for accuracy, we cannot guarantee that all NSFW content will be identified and filtered out consistently. As such, there may be occasions when explicit or mature material is not flagged as NSFW and may be inadvertently accessible outside of NSFW Mode. We accept no liability for any failures of our AI to detect and hide NSFW content, and we make no guarantees that NSFW content will be detected and hidden in every instance. Users should exercise their discretion when using the Services.
To activate NSFW Mode, You must be at least 18 years old or of legal age in Your jurisdiction, whichever is higher. By enabling NSFW Mode, You affirm that You meet these age requirements and that You wish to access content that may include mature themes.
By using the Services, You may provide us with personal information like Your email address, user name, billing information, favorites, image outputs, and text prompts that You enter, or sample images that You upload to the Service. Our privacy policy can be found here.
In this section, Paid Member shall refer to a Customer who has subscribed to a paying plan.
By using the Services, You grant to us, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute text, and image prompts You input into the Services, or Assets produced by the service at Your direction. This license survives termination of this Agreement by any party, for any reason.
Subject to the above license, You own all Assets You create with the Services, provided they were created in accordance with this Agreement. We make no representations or warranties with respect to the current law that might apply to You. Please consult Your own lawyer if You want more information about the state of current law in Your jurisdiction. Your ownership of the Assets you created persists even if in subsequent months You downgrade or cancel Your membership. However, You do not own the Assets if You fall under the exceptions below.
If You are not a Paid Member, You don’t own the Assets You create. Instead, Dino grants You a license to the Assets under the Creative Commons Noncommercial 4.0 Attribution International License (the “Asset License”). The full text is accessible as of the Effective Date here: https://creativecommons.org/licenses/by-nc/4.0/legalcode.
Please note: Dino is an open community which allows others to use and remix Your images and prompts whenever they are posted in a public setting. By default, Your images are publically viewable and remixable. As described above, You grant Dino a license to allow this. If You purchase a "Premium" plan, You may bypass some of these public sharing defaults.
If You purchased the Private feature as part of Your "Premium" subscription we agree to make best efforts not to publish any Assets You make in any situation where you have engaged stealth mode in the Services.
Whitearmour Company respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the Site if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, We will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.
If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:
Whitearmour Company may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.
Pursuant to 17 U.S.C. 512(c). Whitearmour Company designated Copyright Agent is:
Jonathan Bailey
CopyByte
3157 Gentilly Blvd Suite # 2254
New Orleans, LA 70122
Phone: 1-504-356-4555
Email: dino-dmca@copybyte.com
Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement.
Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Any legal questions/complaints/claims regarding this Agreement are under USA law and jurisdiction. These Terms of Service will be governed by USA law. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local law of the consumer’s country. This paragraph does not override those laws.
Before filing a claim against our platform, you agree to try to resolve the dispute informally by contacting info@dinodino.net. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may bring a formal proceeding.
If you live in the USA or the rest of the world (but not the European Union), you and we agree not to bring any class action or similar collective legal action against each other.
If You purchase an unlimited plan, we will try to reasonably offer You unlimited access to the Services. However, we reserve the right to rate limit You to prevent quality decay or interruptions to other customers.
We may invoice You for Your use of the Services through a third party payment service provider. The third party service provider’s terms of service shall govern and supersede this Agreement in case of conflict.
You are free to cancel Your plan at any time. We also reserve the right to terminate Your access to the Service for any reason, including for violation of the Community Guidelines or other inappropriate use of the Service. Any violation of Community Guidelines is a breach of this Agreement. You will not be refunded for the current subscription period, but You will not be charged after the current subscription period has ended.
We provide the service as is, and we make no promises or guarantees about it.
You understand and agree that we will not be liable to You or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however they arise.
You are responsible for Your use of the service. If You harm someone else or get into a dispute with someone else, we will not be involved.