By using or accessing the VectorArt.ai website (the “Website”), You agree to be bound and abide by the terms and conditions of this Terms of Use Agreement (“Agreement”). If you are entering into this Agreement on behalf of a company, organization or another legal entity, you are agreeing to this Agreement for that entity and representing that you have the authority to bind such entity to this Agreement, in which case the term “you” will refer to such entity. If you do not agree to this Terms of Use Agreement, you should not access or use VectorArt.ai’s Website.
VectorArt.ai’s software, solutions and services (“Services”) offered on the Website are governed by this Terms of Use Agreement.
All information provided by you in connection with the Website and the Services shall be subject to the VectorArt.ai Privacy Policy at https://VectorArt.ai/privacy/.
You certify that you are a person at least 18 years of age. The Website may only be used or accessed through an electronic device controlled of you at all times. A valid VectorArt.ai account may only be created and maintained if you provide valid information about you in the signup process, and you regularly update such information to assure its accuracy. VectorArt.ai reserves the right to terminate any account that does not include a valid email address on file.
You shall be responsible for maintaining the confidentiality of usernames and passwords associated with your account. Each user must have unique login credentials that may not to be shared by multiple users. You are responsible for all activities that occur under your account.
You are fully responsible for your activities while using the Site, including any content, information or other materials you post or upload to the Site, and you bear all risks associated with the use of the Site. By agreeing to these Terms, you agree to comply with all applicable federal, state, and local laws and regulations in connection with your use of the Site. You also agree not to use the Site to engage in any prohibited conduct or to assist any other person or entity in engaging in any prohibited conduct. We reserve the right (but not the obligation) in our sole discretion to (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who uses or accesses the Site in a manner that we believe violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) deny access to the Site or any features of the Site to anyone who violates these Terms or who we believe interferes with the ability of others to enjoy our Site or infringes the rights of others; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. You are prohibited from using the Site for the commission of harmful or illegal activities. Accordingly, you may not, or assist any other person to: Violate these Terms or other policies and terms posted on, or otherwise applicable to, the Site; Include sensitive personal information (such as phone numbers, residential addresses, health information, social security numbers, driver’s license numbers, or other account numbers) about yourself or any other person in any webform on the Site; Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; Upload any material, program, or software that contains any virus, worm, spyware, Trojan horse or other program or code designed to interrupt, destroy or limit the functionality of the Site, launch a denial of service attack, or in any other way attempt to interfere with the functioning and availability of the Site; Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, offline reader, or any data mining or similar data gathering extraction tools to access the Site, or use or launch any unauthorised script or other software; Interfere with, disable, vandalise or disrupt the Site or servers or networks connected to the Site; Hack into, penetrate, disable, or otherwise circumvent the security measures of the Site or servers or networks connected to the Site; Impersonate another person or falsely represent an affiliation with any organisation or institution; Send email to the addresses linked or made available on the Site (including in these Terms) to harass, annoy, intimidate, or threaten any of our employees or agents; Use the Site in any way that violates any applicable national, federal, state, local or international law or regulation; or Attempt to do any of the above. DMCA Copyright Infringement Notice We have implemented the procedures described in the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, regarding the reporting of alleged copyright infringement and the removal of or disabling access to the infringing material. If you have a good faith belief that copyrighted material on the Site is being used in a way that infringes the copyright over which you are authorised to act, you may make a Notice of Infringing Material. Before serving a Notice of Infringing Material, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. For example, if your Notice fails to comply with all requirements of sections 512(c)(3), your Notice may not be effective.
During the term stated in your account dashboard, or if no term is stated on a one-time temporary basis, you are granted a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, subject to the terms and conditions of this Agreement, to access and use the Website. You are not granted a license or any other right to copy or store any of the Website (including any portion of the software or documentation) on any computer or other device.
VectorArt.ai shall own and retain all right, title and interest in and to its Website(s) and related software, all improvements, enhancements or modifications thereto, and all intellectual property rights associated with the foregoing. Except for the limited access rights expressly granted in this paragraph, You obtain no rights to the Website or VectorArt.ai’s intellectual property rights by implication, estoppel or otherwise.
By posting or publishing your content or comments or transmitting your data (“Content”) through this Website, you give us permission to display and distribute your Content in order to provide the features, functionality and services of the Website. By posting and publishing your Content, you represent and warrant that your Content does not infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
VectorArt.ai does not allow any of the following Content, or links to such Content, to be published on the Website:
Your posting any of the above Content on the Website will result in a notice to your current email address on file. Normally a grace period of 48 hours to take corrective actions will be given, but you risk immediate account termination if VectorArt.ai deems this necessary. A violation of this Terms of Use Agreement can lead to termination and removal of your website project without notice.
VectorArt.ai shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Website and related systems. VectorArt.ai will use such data to administer, improve and develop its products and services, including the Services; and VectorArt.ai may share aggregated information and non-identifying information with third parties. You acknowledge that VectorArt.ai may also share any Content and Your information if the disclosure is necessary to comply with a valid court order or subpoena.
VectorArt.ai does not allow any of the following:
The final decision of whether an account is in violation of any of these policies is at the sole discretion of VectorArt.ai. You agree that violations by you or any person or entity acting under your account of the terms of this Agreement will, in addition to any other remedies including criminal prosecution, result in termination of your access to the your website and removal (taking down) of all projects. In addition, violation of these terms or any of VectorArt.ai’s policies may result in tracking information being stored to identify the offending person, and permanent restriction from holding an account on the Website.
Subject to your compliance with this Agreement, the conditions herein and any limitations applicable to VectorArt.ai or by law: (i) you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for business or personal use; (ii) you own all Assets you create with the Services and (iii) we hereby assign to you all rights, title and interest in and to such Assets for your personal or commercial use. Otherwise, VectorArt.ai reserves all rights not expressly granted under these Terms of Use. Each person must have a unique account and you are responsible for any activity conducted on your account. A breach or violation of any of our Terms of Use may result in an immediate termination of your right to use our Service. By using the Services, you grant to VectorArt.ai, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare Derivative Works of, publicly display, publicly perform, sublicense, and/or distribute text prompts and images you input into the Services, or Assets produced by the Service at your direction. This license authorizes VectorArt.ai to make the Assets available generally and to use such Assets as needed to provide, maintain, promote and improve the Services, as well as to comply with applicable law and enforce our policies. You agree that this license is provided with no compensation paid to you by VectorArt.ai for your submission or creation of Assets, as the use of the Services by you is hereby agreed as being sufficient compensation for the grant of rights herein. You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your publicly available Assets through the Service, and to use those Assets (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service. The license to VectorArt.ai survives termination of this Agreement by any party, for any reason.
You are prohibited from using VectorArt.ai for the propagation, distribution, housing, processing, storing, or otherwise handling any material in any way which VectorArt.ai deems, in its sole discretion, to be objectionable. This also includes links or any connection to such materials. The designation of any materials as objectionable is left entirely to the sole discretion of the VectorArt.ai management. Although VectorArt.ai has no obligation to monitor your use of the Website or Services, VectorArt.ai may do so and may prohibit any use it reasonably believes may be in violation of this Agreement.
The Website may contain links to third-party websites. Such linked websites are not under VectorArt.ai’s control, and VectorArt.ai is not responsible for their content.
THE WEBSITE AND ALL CONTENT, SOFTWARE AND SERVICES OFFERED THROUGH THE WEBSITE ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND VectorArt.ai EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VectorArt.ai DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES VectorArt.ai MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR ITS CONTENT OR THE SERVICES. VectorArt.ai HAS NO OBLIGATION TO MONITOR, CONTROL, OR VET USER CONTENT OR DATA, AND VectorArt.ai MAKES NO CLAIMS OR WARRANTIES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITE CONTENT, SOFTWARE AND SOLUTIONS OFFERED THROUGH THE WEBSITE, ITS SAFETY OR SECURITY, OR THE WEBSITE’S INTEROPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE VectorArt.ai WEB APP AND ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall indemnify, defend and hold harmless VectorArt.ai and its officers, directors and employees, from and against all third party claims, losses, damages, costs and liabilities, including reasonable attorneys’ fees, arising out of or relating to your use of the Website, your use of the Services, your Content, or any products or services offered by you to a third party, or obtained by you from a third party, via the Website.
VectorArt.ai’S AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES, LIABILITIES OR DAMAGES IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY SOFTWARE, SERVICES OR CONTENT ON THE WEBSITE, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO NO MORE THAN THE LESSER OF (A) THE TOTAL FEES PAID BY YOU IN THE THEN-CURRENT MONTH OR (B) ONE HUNDRED DOLLARS (US $100).
IN ADDITION, VectorArt.ai WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR LOST PROFITS, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES.
This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, U.S.A without giving effect to conflict of law principles. You and VectorArt.ai agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Boston, Massachusetts, U.S.A for the purpose of litigating all disputes.
You shall use the Website only in compliance with VectorArt.ai’s published policies then in effect (including VectorArt.ai’s Privacy Policy found at https://VectorArt.ai/privacy/) and all applicable laws and regulations.
This Agreement, together with any other agreements you have with VectorArt.ai, constitute the entire and exclusive agreement between You and VectorArt.ai regarding use of and access to the Website and Services. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without VectorArt.ai’s prior written consent. VectorArt.ai may assign this Agreement at any time without notice. The failure to require performance of any provision will not affect VectorArt.ai’s right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Neither VectorArt.ai nor you will be in violation of the Agreement if a failure to perform any obligation (other than failure to pay) is due to an event beyond such party’s control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other similar events. Upon termination or expiration of this Agreement, any provision that by its nature or express terms should survive will survive such termination or expiration.
By using the Website or the Services, you consent to receiving certain electronic communications from VectorArt.ai and agree that any notices, agreements, disclosures, or other communications that VectorArt.ai sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
We may revise these Terms from time to time. If we do, those revised Terms will supersede prior versions. Unless we say otherwise, revisions will be effective upon the effective date indicated at the bottom of these Terms. We will provide you advance notice of any material revisions. This notice will be provided in your VectorArt.ai account portal or via an e-mail to the e-mail address owner of your VectorArt.ai account. For other revisions, we will update the effective date of these Terms at the bottom of the page. We encourage you to check the effective date of these Terms whenever you visit VectorArt.ai’s website or log in to your VectorArt.ai account. Your continued access or use of the Services constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Services.
The Website is offered by Nutmeg Studio LLC, located at 1007 Chestnut St, Newton MA 02464. You may contact us by sending correspondence to the foregoing address or by emailing us at contact@VectorArt.ai. Report misuse of the Services or Website at contact@VectorArt.ai. If you are a California resident, you may have this Agreement mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for this Agreement.
Last updated December 9th, 2022