Terms of Use

Last Updated: 22 August 2019

1. These Terms of Use (“Terms”) apply to your access and use of this website, or the applications and other online products and services (collectively, our “Services”) provided by Selfie2Anime (“Selfie2Anime” or “we”).

2. By accessing the Selfie2Anime website, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 15, do not access or use our Services.

3. If you have any questions about these Terms or our Services, please contact us at legal@selfie2anime.com.

Description of Services

4. Selfie2Anime is a webservice software that uses artificial intelligence algorithms to transform your photos or videos into works of art. The artificial intelligence algorithms use styles inspired by various artists within the animation industry. The webservice allows you to upload photographs onto the application which will then run through Selfie2Anime’s algorithms, transforming the photo. You can then share the photos through social media sites or store them for personal use.

Eligibility

5. You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

6. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services.

7. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorised to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

User Accounts and Account Security

8. As Selfie2Anime is an image transformation webservice, no user account or credentials are store by us or a third party.

9. If you do use a third-party account in conjunction with Selfie2Anime you must maintain the security of your third-party account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.

Privacy

10. Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.

User Content

11. Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software, and other materials (collectively, “User Content”).

12. Except for the license you grant below, you retain all rights in and to your User Content, as between you and Selfie2Anime.

13. Selfie2Anime does not claim ownership of any User Content that you post on or through the Services.

14. You grant Selfie2Anime a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed, without compensation to you.

15. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your location or photographs) will be visible to the public.

16. You grant Selfie2Anime consent to use the User Content, regardless of whether it includes an individual’s name, likeness, voice, or persona, sufficient to indicate the individual’s identity.

17. By using the Services, you agree that the User Content may be used for commercial purposes. You further acknowledge that Selfie2Anime’s use of the User Content for commercial purposes will not result in any injury to you or to any person you authorised to act on its behalf.

18. You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Selfie2Anime may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content.

19. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

20. You represent and warrant that:

    1. you own the User Content modified by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms;

    2. you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you stylize on or through the Services; and

    3. you have the legal right and capacity to enter into these Terms in your jurisdiction.

21. You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above.

22. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

23. User Content removed from the Services may continue to be stored by Selfie2Anime, including, without limitation, to comply with certain legal obligations.

24. Selfie2Anime is not a backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage. Selfie2Anime will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.

Prohibited Conduct and Content

25. You will not violate any applicable law, contract, intellectual property, or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services.

26. You will not:

    1. Engage in any harassing, threatening, intimidating, predatory or stalking conduct;

    2. Use or attempt to use another user’s account without authorization from that user and Selfie2Anime;

    3. Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;

    4. Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;

    5. Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorised to access;

    6. Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;

    7. Use our Services for any illegal or unauthorised purpose, or engage in, encourage, or promote any activity that violates these Terms.

27. You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

    1. Is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;

    2. Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;

    3. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

    4. Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;

    5. Impersonates, or misrepresents your affiliation with, any person or entity;

    6. Contains any unsolicited promotions, political campaigning, advertising, or solicitations;

    7. Contains any private or personal information of a third party without such third party’s consent;

    8. Contains any viruses, corrupted data or other harmful, disruptive, or destructive files or content; or

    9. Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Selfie2Anime or others to any harm or liability of any type.

28. In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

Limited License; Copyright and Trademark

29. Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade dress, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, user generated filters and other content contained therein (collectively, the “Selfie2Anime Content”) are owned by or licensed to Selfie2Anime and are protected under both Australian and foreign laws. Except as explicitly stated in these Terms, Selfie2Anime and our licensors reserve all rights in and to our Services and the Selfie2Anime Content.

30. You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Services and Selfie2Anime Content for your own personal use; however, such license is subject to these Terms and does not include any right to:

    1. sell, resell, or commercially use our Services or Selfie2Anime Content;

    2. copy, reproduce, distribute, publicly perform, or publicly display Selfie2Anime Content, except as expressly permitted by us or our licensors;

    3. modify the Selfie2Anime Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Selfie2Anime Content, except as expressly set forth in these Terms;

    4. use any data mining, robots or similar data gathering or extraction methods; or

    5. use our Services or Selfie2Anime Content other than as expressly provided in these Terms.

31. Any use of our Services or Selfie2Anime Content other than as specifically authorised herein, without our prior written permission, is strictly prohibited and will terminate the license granted under these Terms. You will not remove, alter, or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Selfie2Anime Content.

Feedback

32. Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Selfie2Anime or our products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Selfie2Anime. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Copyright Complaints

33. We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Selfie2Anime’s Designated Agent by e-mail: legal@selfie2anime.com.

34. Please see Schedule 2 of the Australian Copyright Regulations 2017 (Cth) for the requirements of a proper notification.

35. If you knowingly misrepresent any activity or material on our Services as infringing, you may be liable to Selfie2Anime for certain costs and damages.

Indemnification

36. To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Selfie2Anime and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Selfie2Anime Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to

    1. your access to or use of our Services;

    2. your User Content or Feedback;

    3. your violation of these Terms;

    4. your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or

    5. your conduct in connection with our Services.

37. You agree to promptly notify Selfie2Anime Parties of any third-party Claims, cooperate with Selfie2Anime Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, our chosen law firms’ professional costs and disbursements).

38. You also agree that the Selfie2Anime Parties will have control of the defence or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Selfie2Anime or the other Selfie2Anime Parties.

Disclaimers

39. We do not control, endorse, or take responsibility for any User Content or third-party content available on or linked to by our Services.

40. Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

41. In addition, Selfie2Anime does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While Selfie2Anime attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

Limitation of Liability

42. Selfie2Anime and the other Selfie2Anime Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Selfie2Anime or the other Selfie2Anime Parties have been advised of the possibility of such damages.

43. The total liability of Selfie2Anime and the other Selfie2Anime Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.

44. The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Selfie2Anime or the other Selfie2Anime Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Release

45. To the fullest extent permitted by applicable law, you release Selfie2Anime and the other Selfie2Anime Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.

46. You expressly waive any rights you may have under the Australian Consumer Law as established under Schedule 2 of the Australian Competition and Consumer Act 2010 (Cth) as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

Transfer and Processing Data

47. By accessing or using our Services, you consent to the processing, transfer, and storage of information about you in and to Australia and other countries, where you may not have the same rights and protections as you do under local law.

Dispute Resolution; Binding Arbitration

48. Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Selfie2Anime and limits the way you can seek relief from us.

49. Except for small claims disputes in which you or Selfie2Anime seek to bring an individual action in small claims court located in the state of your billing address or disputes in which you or Selfie2Anime seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Selfie2Anime waive your rights to a trial and to have any dispute arising out of or related to these Terms or our Services resolved in court.

50. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Western Australia in accordance with the International Chamber of Commerce (“ICC”) Rules of Arbitration (“ICC Rules”), which are available on the ICC website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the ICC Rules or waive your opportunity to read the ICC Rules and any claim that the ICC Rules are unfair or should not apply for any reason.

51. You and Selfie2Anime agree that any dispute arising out of or related to these Terms or our Services is personal to you and Selfie2Anime and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

52. You and Selfie2Anime agree that these Terms affect interstate commerce and that the enforceability of this agreement will be substantively and procedurally governed by the Australian International Arbitration Act 1974 (Cth) (“Arbitration Act”) to the maximum extent permitted by applicable law.

53. As limited by the Arbitration Act, these Terms and the ICC Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms.

54. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

55. You and Selfie2Anime agree that for any arbitration you initiate, you will pay the will fees and costs of Arbitration. For any arbitration initiated by Selfie2Anime, Selfie2Anime will pay the fees and costs of Arbitration.

56. You and Selfie2Anime agree that the Federal Courts of Australia of have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

57. ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND SELFIE2ANIME WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

58. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 15 by notifying Selfie2Anime in writing. The notification must be sent to: legal@selfie2anime.com

59. To be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 16.

Governing Law and Venue

60. These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Western Australia, without regard to conflict of law rules or principles (whether of Western Australia or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

61. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the Federal Courts of Australia, sitting in Perth, Western Australia.

Changes to these Terms

62. We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to our Services and update the “Last Updated” date above.

63. We may also attempt to notify you by sending an email notification to the address associated with your account, if any, or providing notice through our Services.

64. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes.

65. If you do not agree to the amended Terms, you must stop accessing and using our Services.

Electronic Communications

66. By accessing or using the Services, you also consent to receive electronic communications from Selfie2Anime (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us.

67. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Termination

68. We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Severability

69. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Legal Compliance

70. You represent and warrant that:

    1. you are not located in a country that is subject to an Australian Government embargo, or that has been designated by the Australian Government as a “terrorist supporting” country, and

    2. you are not listed on any Australian Government list of prohibited or restricted parties.

Miscellaneous

71. These Terms constitute the entire agreement between you and Selfie2Anime relating to your access to and use of our Services. The failure of Selfie2Anime to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

72. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.