TERMS OF SERVICE - FAKESHIFT
Welcome to FakeShift ("we," "us," or "our"). We offer a service that allows users ("you") to generate and share deep fake images and videos through our website www.fakeshift.com ("Service"). By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of the Terms, you must not use our Service.
DESCRIPTION OF SERVICE
Deep fake images and videos are the result of digital manipulation or synthesis where a person's likeness is replaced or manipulated to create content that appears realistic but is fabricated.
ELIGIBILITY
You must be at least 18 years old to use our Service. By agreeing to these Terms, you represent and warrant that you are at least 18 years old.
SCOPE OF SERVICE
Our platform is designed to push the boundaries of digital creativity, offering users the tools to explore the vast potential of deep fake technology. However, it's crucial to highlight that our service comes with limitations and responsibilities. Users are prohibited from creating deep fakes of public figures or private individuals without their explicit consent. The purpose of these restrictions is to ensure ethical use of our technology, respecting both legal boundaries and personal privacy.
By using FakeShift, you acknowledge and agree to these definitions and conditions. Our aim is to provide a space where innovation thrives within the framework of respect and legality, ensuring a positive and responsible user experience.
USER OBLIGATIONS
You agree to use our Service only for lawful purposes and in accordance with these Terms. You are responsible for any content you create using our Service and for the consequences of sharing or publishing such content.
PROHIBITED USE
As a user of our service, you are responsible for the content you create and share using our technology. You must ensure that all elements of the content used in creating deep fakes, including images, videos, and voices, are either your own or you have explicit permission from the rightful owners to use them. This responsibility extends to ensuring that your creations comply with all applicable laws and respect the rights and dignity of others.
You are expressly prohibited from using our service to create or distribute content that:
* Violates any local, state, national, or international law.
* Infringes on the intellectual property rights, privacy, or rights to publicity of others.
* Contains false information or deceives others.
* Harms, threatens, defames, or harasses others.
* Invades the privacy of individuals, especially by creating deep fakes without their explicit consent.
It is our policy to enforce these rules strictly, and we reserve the right to suspend or terminate the accounts of users who violate these conditions. Our goal is to foster a responsible community that respects the power and potential of deep fake technology, using it creatively and ethically within the bounds of the law and social decency.
LICENSE TO USE
As a user of FakeShift, you maintain ownership of the original content you supply for generating deep fake images and videos. Our platform champions your creative freedom, ensuring your intellectual property rights remain intact. It's crucial for you to have the appropriate permissions for all content elements used, ensuring your creations respect the intellectual property rights of others.
DATA HANDLING
FakeShift does not store your content on our servers beyond the necessary time to render the services requested. However, to facilitate the creation of high-quality deep fakes, we might share your content with trusted third-party partners. These partners are integral to our service delivery, employing their technology to enhance the deep fake generation process. Be assured, these partners are bound by stringent data protection agreements, ensuring your content is securely handled and used solely for the purpose of rendering the services you've requested, without any rights to distribution or ownership over the content.
INTELLECTUAL PROPERTY
The intellectual property rights of the content generated through our service are nuanced, particularly concerning derivative works. Despite this complexity, our policy is straightforward: you retain ownership of both your original and the manipulated content created by our technology. We are committed to upholding a culture of respect for intellectual property rights, encouraging a legally sound and ethical creative environment.
DISCLAIMER OF WARRANY
THESE SERVICES ARE PROVIDED BY US ON AND 'AS IS' AND 'AS AVAILABLE' BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIRD PARTIES
We leverage third-party technology and collaborate with partners to render our deep fake generation service. FakeShift disclaims all liability in connection with the handling of your content by these third parties, except as expressly provided in agreements with such partners. We ensure that our partners commit to maintaining the confidentiality and security of your content but cannot be held liable for any potential breaches on their part.
IDEMNIFICATION
You agree to defend, indemnify, and hold harmless FakeShift, its parent company, officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney fees and costs, arising out of or in any way connected with (i) your access to or use of our service; (ii) your violation of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, privacy, or intellectual property right; or (iv) any claim that content created by you using our service has caused damage to a third party. This indemnification obligation will survive the termination or expiration of these Terms and your use of the service.
CHANGES TO TERMS
FakeShift reserves the right, at our sole discretion, to modify or replace these Terms of Service at any time. While it is our practice to update these terms to reflect changes in our service or in response to legal, regulatory, or operational modifications, please be aware that we do not commit to providing notices of such changes.
It is your responsibility to review these Terms of Service periodically for any changes. Your continued use of the service after the posting of any modifications to the Terms of Service will constitute your acknowledgment and acceptance of those changes. We encourage you to frequently check this section to ensure you are aware of the most current terms and conditions governing your use of our service.
By continuing to access or use our service after revisions become effective, you agree to be bound by the updated Terms of Service. If you do not agree to the new terms, you are no longer authorized to use the service.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of The State of Wyoming of the United States, without regard to its conflict of law provisions.
ACKNOWLEDGEMENT
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
CONTACT US
If you have any questions about these Terms, please contact us at:
Purrma LLC
30N Gould St Ste R
Sheridan WY 82801, US
info@fakeshift.com
Effective Date: 27 March 24