Last Updated: December 13, 2022
Welcome to Facet’s artificial intelligence image generation and fine-tuning features product (“AIIGFT”). FACET SYSTEMS, INC. (the “Facet” or “Us” or “We”) offers AIIGFT on our web applications Facet Refine and Facet Create (collectively the “App(s)”), and may offer it on any other Facet products and services on which Facet allows you (“You,” “Your,” or “User”) to create and share custom artificial intelligence-based conceptual artwork. You can share Your creations through a variety of channels, including the Services (defined in the Terms), social media, SMS, and/or email, and enjoy our how-to guides.
Your use of AIIGFT and the Apps are governed by various binding legal contracts, including this Facet AI Image Generation Terms of Use (the "AIIGFT TOU"), the Facet Terms of Use(the “Terms”), the Facet Privacy Policy (the “Privacy Policy”), and the Facet Copyright Dispute Policy (collectively, the “Contracts”). The Contracts should be construed and interpreted to avoid any inconsistency, ambiguity, or conflict between them. Should a court of competent jurisdiction conclude, however, that an inconsistency, ambiguity or conflict is unavoidable, the terms of the AIIGFT TOU shall prevail with respect to any dispute regarding AIIGFT or the Apps.
If You are entering into the Contracts on behalf of an entity (such as Your employer), You represent and warrant that You have full authority to bind such entity to the Contracts, and in such cases references to "You" and "Your" means that entity. If You do not have authority to, or do not agree to the Contracts, then You may not use the Services.
1. PRELIMINARY MATTERS
1.1. Modification. Facet may, in its exclusive discretion, modify or revise one or more of the Contracts and by Your continued use of the Services, You agree to be bound to the modified or revised Contracts. If You do not wish to be bound by the updated Contracts, You must stop using the Services.
1.2. Authority to Be Bound. You acknowledge that You are either 18 years of age or older and are fully able and competent to enter into—and abide by—the terms, conditions, obligations, affirmations, representations, and warranties set forth in the AIIGFT TOU. If You are under 18 years of age, then You may NOT use the AIIGT or the Apps and should immediately stop any use of the AIIGT or the Apps.
1.4. Privacy. Your use of AIIGFT is subject to Facet’s Privacy Policy.
2. USER CONTENT
2.1. User Content. AIIGFT is an artificial intelligence-based artwork generation tool that allows you to create user generated content (hereafter “Artwork”) based on your inputs to the Apps. Anything you post, upload, share, store, or otherwise produce or provide through the Services, including artwork created by AIIGFT, is your “User Submission”. Some User Submissions may be viewable by other users. You are solely responsible for all User Submissions you contribute to the Services . You represent that all User Submissions submitted by you are in compliance with all applicable laws, rules and regulations. You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Submissions that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violate any law.] We do not control, endorse or take responsibility for any User Submissions or third party content available on or linked to by the Services.
2.2. Grant of Rights. By sharing or creating User Submissions on the Services, , You grant Facet and its subsidiaries, affiliates, and partners a worldwide, non-exclusive, fully-paid, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of and based upon, display, transmit, adapt, edit, modify, publicly display, publish, perform, sell, republish, promote, exhibit, and otherwise use, the User Submissions, in all media now known or hereafter developed, for any and all purposes, including but not limited to promoting the Services in any media formats and through any media channels, whether now known or existing in the future throughout the world, without Facet seeking further permission from You. In addition, you grant Facet and its, affiliates, and partners a worldwide, non-exclusive, fully paid, royalty-free, irrevocable, sublicensable, and transferable license to generate additional content and fine-tuned models from the Text and Image Cues You created and change such Text and Image Cues.
2.3. Copyright Complaints. We respect others’ intellectual property rights, and we reserve the right to delete or disable User Submissions alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.
2.4. Formating. Finally, you understand and agree that Facet, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
2.5. Responsibility for User Submissions. Facet offers AIIGFT to you for entertainment purposes only and is not responsible for any User Submissions. You are solely responsible for Your User Submissions, including (a) User Submissions created, posted, distributed or otherwise used by You or the AIIGPT, (b) Your use of the Services, and (c) any consequences of creating, posting, distributing, or otherwise using Your User Submissions to or by the Services.YOU AGREE THAT YOU WILL NOT HOLD FACET RESPONSIBLE OR LIABLE FOR ANY CONTENT YOU ACCESS THROUGH THE SERVICES AND YOU SPECIFICALLY ACKNOWLEDGE THAT FACET IS AND WILL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
3. USE OF AIIGFT FEATURES
3.1. Artworks. AIIGFT can generate artificial intelligence-based conceptual artworks based on your User Submissions. Any use, including commercial use, of this artwork by You is at Your risk, and is subject to and in accordance with the SD License and the Contracts. Facet makes no representations or warranties of any kind regarding Your use of this artwork.
3.2. Authorized Use. You may not use AIIGFT in a way that is unlawful and/or may harm a person or infringe their rights. No license or rights to use the name, image, likeness, voice, or biographical information of any person, celebrity or otherwise, is granted hereunder, and as such, any use of a work that contains any images of any persons with or without their consent is done at Your own risk. You may not use AIIGFT a to generate harmful or illegal images and we reserve the right to delete User Submissions or suspend or ban Your account for any violations, at our exclusive discretion. You may not seek to reverse engineer AIIGFT, use AIIGFT to attempt to build a competitive product or service, or otherwise infringe Facet’s rights.
3.3. Improving Artificial Intelligence Safety and Technologies. You hereby grant Facet the all rights necessary to use your User Submissions to improve our artificial intelligence safety efforts, and to develop and improve Services. User Submissions may be shared with and manually reviewed by a person (for example, if any User Submission is flagged as sensitive), including by third party contractors located around the world. You should not use or provide any User Submission that is sensitive or that You do not want others to view, including User Submission that include personal data.
3.5. Ownership of AIIGPT Artwork. To the extent allowed by law, You own all the AIIGPT-generated artwork created from your User Submissions You understand and acknowledge that similar or identical artwork may be created by other people using their User Submissions, and Your rights are only to the specific artwork that You have created with your User Submissions.
4. USE-BASED RESTRICTIONS.
4.1. The restrictions set forth below are use-based restrictions. You cannot use AIIGFT and/or the Derivatives (as such term is defined in the SD License found here: https://huggingface.co/spaces/CompVis/stable-diffusion-license) in any manner that violates or contradicts the purpose of the restricted uses, at Facet’s exclusive discretion. You may use AIIGFT subject to the SD License incorporated above, including only for lawful purposes. Use may include creating any artwork with, use of and/or running AIIGFT.
You agree not to use AIIGFT and/or the Derivatives (as such term is defined in the SD License):
A. In any way that violates any applicable national, federal, state, local or international law, rule, or regulation;
B. For the purpose of soliciting, exploiting, harming or attempting to exploit or harm minors in any way;
C. To generate or disseminate verifiably false information and/or content with the purpose of harming others;
D. To generate or disseminate personally identifiable information;
E. To defame, disparage, or otherwise harass others;
F. For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
G. For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
H. To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
I. For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
J. To provide medical advice and medical results interpretation;
K. To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).
5. OPEN-SOURCE SOFTWARE NOTICE
5.1. Open-Source Software Uses. AIIGFT is based on the following open-source software: CreativeML Open RAIL-M. This software is governed by the Stable Diffusion License, Dated August 22, 2022 (the “SD License”); You may not use AIIGFT except in compliance with the SD License. You may access a copy of the SD License at: https://huggingface.co/spaces/CompVis/stable-diffusion-license. The SD License is hereby incorporated into the Contracts, and You agree to be bound by all terms and conditions of the SD License.
5.2. No Warranties. Unless required by applicable law or agreed to in writing, software distributed under the SD License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the SD License for the specific language governing permissions and limitations under the SD License.
6. USER CONDUCT
6.1. User Conduct. By using the Services, You agree you will abide by the Contracts, and hereby consent and agree to avoid any and all prohibited uses included in the Contracts as well as expressly agree that Your User Content will not contain any material that is, in Facet’s exclusive and absolute discretion, inappropriate, dangerous, obscene, vulgar, hateful, unlawful, offensive, racist, discriminatory, harassing, or otherwise objectionable. . Posting of any prohibited content, in addition to any and all other rights and remedies available to Facet, may result in Account suspension and/or termination, at Company’s exclusive discretion.
6.2. Retention of Rights. Except for the non-exclusive license granted pursuant Contracts, You acknowledge and agree that all ownership, licenses, intellectual property and other rights and interests in and to the Services remains solely with Facet. You are not entitled or permitted to use the Services except through the medium of the internet hosted version deployed by Facet.
6.3. User Discipline. Facet reserves the right, at any time, in its exclusive discretion, to take any action deemed necessary or appropriate with respect to User Submissions that violates the Contracts, including, without limitation, deletion of such User Submission and referral of User to appropriate law enforcement authorities without notice.
6.4. Deletion of User Content. Facet is authorized to delete all User Submissions that You have posted to the Services in its sole discretion at any time and for any reason. Facet has no obligation to notify You or any other users of the deletion of any User Submissions. Facet will not be liable to You or any third party in any way arising from or related to the deletion of User Submissions.
6.5. Right to Interruption. Facet reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Services or any feature associated with the Services, with or without notice. You acknowledge and agree that AIIGFT includes a third-party integration, and any modifications, interruptions, or temporary or permanent discontinuation is not controlled by nor the responsibility of, Facet.
6.6. Right to Repair. Facet reserves the right to suspend access to the Services, temporarily or permanently, for no reason or any reason (e.g., for operational purposes, including maintenance, repairs, or installation of modifications) at any time and from time to time without notice. Facet assumes no liability of any kind for any such temporary or permanent suspension.
7. SOCIAL MEDIA, LIVESTREAMING, AND DEMONSTRATIONS POLICY
Posting Your User Submissions to social media is generally permissible, as is live streaming Your usage or demonstrating our Services to groups of people. Please adhere to the following obligations:
• Manually review all User Submissions, including all AIIGPT-generated artwork before sharing or while streaming;
• Attribute the content to Your name or Your company;
• Indicate that the content is AI-generated in a way no user could reasonably fail to notice or misunderstand; and
• Do not share content that violates the Contracts or that may offend others.