Website Terms of Use
Last updated: Sep 20, 2023
Introducing Shipyard Media's Acquire Experience.
These terms and conditions ("Terms", "Agreement") constitute an agreement between Shipyard Media (“Shipyard Media”, “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement outlines the general terms and conditions governing your use of the Shipyard Media website and its associated products or services (collectively referred to as the "Website" or "Services").
We kindly request you to carefully review this Agreement. By accessing or using the Shipyard Media Website in any manner, you indicate your complete acceptance of these Terms. If you do not agree with any of the provisions stated herein, you may not use the Shipyard Media Website.
1. Using the Shipyard Media Website
a. Privacy Policy:
Our Privacy Policy details our approach to handling user data. By using the Shipyard Media Website in any capacity, you acknowledge and understand that the terms outlined in the Privacy Policy are applicable to you, irrespective of whether you possess an account on Shipyard Media.
b. Eligibility:
To utilize the Shipyard Media Website, you must be of legal age in your respective jurisdiction. The use of the Shipyard Media Website by individuals under the age of 14 is strictly prohibited.
c. Registration:
Certain features of the Shipyard Media Website may necessitate user registration and the creation of a profile on our Website. By registering with Shipyard Media, you confirm the accuracy of the information provided during registration and agree to keep it updated. We handle personal information in accordance with our Privacy Policy.
d. Termination:
You retain the right to close your account at any time by accessing your account settings and choosing to deactivate your account. Shipyard Media reserves the prerogative to permanently or temporarily suspend your usage of the Shipyard Media Website at any point and for any reason, without prior notice or liability. We may terminate your account at our discretion, including for violations of any Shipyard Media policies.
e. Acceptable Use Policy:
When utilizing the Shipyard Media Website, you commit to adhering to commonly accepted standards of conduct and complying with relevant laws, as further described in our Acceptable Use Policy.
f. Feedback:
We appreciate receiving feedback and suggestions regarding the enhancement of the Shipyard Media Website. Please feel free to submit your feedback to mark@shipyard.media. By providing feedback through any means, you grant us the unrestricted right to use, disclose, and exploit the feedback, either wholly or partially, without any obligation to compensate you.
g. Permitted and Prohibited Uses:
You may only use the Services for lawful purposes and in accordance with these Terms. By using the Services, you agree not to:
Employ any device, software, or routine that interferes with the proper functioning of the Site.
Utilize the Site in a manner that could disable, overburden, damage, or impair the Site or interfere with the usage of the Site by any other party.
iii. Introduce any malicious or technologically harmful materials, including but not limited to viruses, Trojan horses, worms, logic bombs, or similar content.
iv. Employ any automated means, such as robots, spiders, or similar tools, to access the Site for any purpose, including monitoring or copying Site content.
v. Launch or participate in denial-of-service attacks or distributed denial-of-service attacks against the Site.
vi. Attempt to gain unauthorized access to, disrupt, damage, or interfere with any portion of the Site, the servers hosting the Site, or any connected servers, computers, or databases.
vii. Use the Site or Services for any purpose that competes with Shipyard Media's services or aims to disparage the Services.
viii. Attempt to bypass any methods employed by Shipyard Media to prevent or restrict access to the Site or Services.
ix. Engage in any activity that seeks to interfere with the proper functioning of the Site.
x. Market, sell, transfer, or otherwise provide any data collected from the Site, or derived from such data, to any other individual or entity for commercial, political, market surveying, or other purposes, whether in aggregated or bulk form or otherwise.
xi. Scrape or copy profiles and information of other Site users through any means, including crawlers, browser plugins and add-ons, or any other technology or manual work, for any purpose whatsoever.
xii. Assume all risks associated with the use of the Site, including any content, information, or materials you post or upload to the Site.
2. Content
a. Your Content:
By using the Services provided by Shipyard Media, you have the ability to provide Input and receive Output generated by the Services based on that Input. The combination of input and output shall be referred to as "Content". You retain ownership of all Input. Shipyard Media grants you all rights, title, and interest in and to the Output generated by the Services, provided you comply with these Terms. This includes the right to use the Content for various purposes, including commercial use, such as sale or publication, in accordance with these Terms. Shipyard Media reserves the right to utilize Content for its own purposes, including the provision and maintenance of the Services, adherence to applicable laws, and enforcement of its policies. You are solely responsible for ensuring that the Content you provide does not violate any applicable laws or these Terms.
b. Similarity of Content:
It is important to note that due to the nature of machine learning, the Output generated by the Services may not be unique to individual users. It is possible for other users, as well as Shipyard Media or third parties, to receive the same or similar Output based on similar inputs. For example, if you input a request to "change the color of a wall to blue," the Output you receive may be "Blue colored wall." Other users may input similar requests and obtain the same or similar Output. Please be aware that responses generated for other users are not considered part of your Content.
c. Accuracy:
The fields of artificial intelligence and machine learning are constantly evolving. We strive to improve the accuracy, reliability, safety, and usefulness of our Services. However, due to the probabilistic nature of machine learning, the use of our Services may occasionally result in incorrect Output that does not precisely reflect real people, places, or facts. It is essential that you evaluate the accuracy of any Output for your intended use case. This evaluation may include human review of the Output.
d. Use of Content to Improve Services:
We may utilize the Content you provide to develop and enhance our Services.
e. Use of Copyright-free Content:
Regarding the Content you generate using the platform (learnwithacquire.com), you retain ownership to the extent permitted by applicable law.
For images you upload to the platform, you represent and warrant that you possess all rights, including copyrights and rights of publicity, to such images. You are responsible for the Content and ensuring that any Content Sharing does not violate any applicable laws, intellectual property rights of third parties, or these Terms.
You agree that Acquire and its affiliates may utilize the Content to develop and improve the platform. This may involve storing your Content and associated metadata (e.g., image specifications, seeds, and text prompts) in a "history" section of your account, allowing you to browse and retrieve previously generated Content using the Services.
f. Use of Content:
When you download an image from learnwithacquire.com, you are acquiring the right to use the image for personal, business, or commercial purposes. This means you can utilize our content in advertising, marketing, apps, websites, social media, TV and film, presentations, newspapers, magazines, books, and product packaging, among numerous other uses.
g. Watermark Content:
Altering or removing watermarks on the outputs generated by learnwithacquire.com is considered a legal offense, and we retain the rights to all images.
3. Disclaimers and Limitations of Liability
Please carefully read this section as it limits the liability of Shipyard Media entities to you.
The term "Shipyard Media entities" refers to Shipyard Media, suppliers, licensors, partners, and their respective officers, directors, employees, agents, and representatives. Each provision below applies to the maximum extent permitted by applicable law:
We provide the Shipyard Media Website, services, information, products, product descriptions, and third-party content on an "As is" and "As available" basis, without any warranties, express or implied. The Shipyard Media entities expressly disclaim all warranties and conditions of merchantability, title, accuracy and completeness, uninterrupted or error-free service, fitness for a particular purpose, quiet enjoyment, and non-infringement. They also disclaim any warranties arising out of course of dealing or trade usage.
b. You agree that to the maximum extent permitted by law, the Shipyard Media entities shall not be held liable under any theory of liability. Specifically, you agree that the Shipyard Media entities will not be liable for (I) any indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, business interruption, reputational harm, or loss of data, arising from or in any way connected with your use of, or inability to use, the Shipyard Media Website or products, even if the Shipyard Media entities have been advised of the possibility of such damages or if such damages are foreseeable.
c. The Shipyard Media entities make no guarantees regarding the following, and they expressly disclaim all liability to the maximum extent permitted by law: (i) content posted by any third party on the Shipyard Media Website, (ii) product descriptions or products, (iii) third-party sites and any third-party product or service listed on or accessible through the site, (iv) plants or seeds from exchanges, and (v) the quality or conduct of any third party you encounter in connection with your use of the site.
4. Payment
You are responsible for the timely payment of all fees or charges associated with your Shipyard Media account, in accordance with the prevailing fees, charges, and billing terms. In certain cases where we perceive a high risk associated with your transaction, we may request additional verification, such as a copy of your valid government-issued photo identification and possibly a recent bank statement for the credit or debit card used for the purchase. We reserve the right to modify product offerings and pricing at our discretion. Furthermore, we retain the right to decline any orders placed with us. We may also impose limitations on quantities purchased per person, per household, or per order, including orders placed using the same customer account, credit card, or billing and/or shipping address. If we make changes to or cancel an order, we will make reasonable efforts to notify you using the contact information provided during the order placement.
Payment Terms: By making a purchase, you confirm that you are authorized to use the designated payment method, and you authorize us to charge your order, including applicable taxes and described amounts, to that payment method.
Security: We have implemented standard security measures to protect the information under our control from loss, misuse, and alteration. While we make diligent efforts to store collected information in a secure environment, we cannot guarantee complete security.
c. Taxes: All applicable taxes will be added to the purchase price of
taxable items.
d. Changes to Payment Terms: We reserve the right to modify our
payment procedures without prior notice. Any changes will be
communicated through our website.
5. Indemnification
You agree to indemnify, defend, and hold harmless the Shipyard Media entities, including their directors, officers, employees, consultants, and representatives, from any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses arising directly or indirectly from: (a) your violation of any part of this Agreement; (b) any allegation that materials you submit to us or transmit to the Shipyard Media Website infringe or violate the intellectual property or other rights of any third party; (c) your activities in connection with the Shipyard Media Website or other linked websites; and/or (d) your negligent or willful misconduct.
6. Credit Utilization
The term "Credit" refers to the charging of one credit per unique image download, irrespective of the number of sizes downloaded. We may modify or update the credit utilization system in the future to accommodate the downloading of images with different sizes.
7. Amendments
We reserve the right to revise and update our fee schedule and Terms at our sole discretion. Notification of any revisions or updates will be made by posting them on our website. The revised fee schedule and Terms will be effective immediately upon posting and apply to all access to and use of the Services thereafter. By continuing to use the Services following any changes, you acknowledge your agreement to be bound by the modified fee schedule and Terms. If you do not agree with the revisions, you should discontinue using the Services. The date of the last update will be indicated in these Terms. As we continue to enhance the Services and introduce new features, we expect you to review this page whenever you access the Services to stay informed about any binding changes.
8. Miscellaneous
You may not transfer or assign any of your rights under these Terms, and any attempt to do so will be null and void. However, Shipyard Media reserves the right to assign its rights to its affiliates, subsidiaries, or any successor in interest associated with the Services. Our relationship is that of independent contractors, and nothing in these Terms creates a legal partnership or agency between Shipyard Media and you.
9. Consequences of Violating These Terms
We reserve the right to suspend or terminate your account and deny access to the Service at our discretion. We may refuse to provide the Service to you in the future. Shipyard Media may review and remove any of Your Content at any time for any reason, including but not limited to violations of the Terms, applicable laws, rules, or regulations, abusive, disruptive, offensive, or illegal activity, or infringement upon the rights of, harm to, or threats against other Service users. You are responsible
for any claims, fees, fines, penalties, and other liabilities incurred by us or others due to your breach of the Terms and your use of the Service.
10. Changes to these Terms
We may modify or revise these Terms by posting a revised version on the Acquire website or by providing notice to you in other reasonable manners. The date of the last revision will be clearly stated at the top of the revised Terms. Your continued use of the Services after any changes signifies your agreement to the updated Terms.
Acceptance of these Terms
By using the Acquire website or its Services, you acknowledge that you have read and agree to all the terms and conditions outlined in this Agreement. If you do not agree to abide by these terms, you are not authorized to access or use the Acquire website and its Services.
Contacting Us
If you have any questions or inquiries regarding this Agreement, please contact us at mark@shipyard.media. This document was last updated on Sep 20, 2024