DreamUp: Terms of Service

Introduction

Please read these Terms of Service ("Terms") carefully and in their entirety. The DreamUp Service is operated by DeviantArt, Inc. ("DeviantArt"). DeviantArt is also referred to in these Terms as "we", "our", and "us". The DreamUp Service utilizes an artificial intelligence model that generates images based on your text inputs. These Terms contain the legal terms and conditions that govern your generation, ownership and use of content created using the DreamUp Service provided to you by DeviantArt ("DreamUp Service "). By using our DreamUp Service, you agree to be bound by these Terms herein and the DeviantArt Terms of Service. The DeviantArt Terms of Service are incorporated into, and form a part of, these Terms.

1. Third-Party Service

The DreamUp Service utilizes generative models and your usage of such is under an open source license [provided by Hugging Face]. By utilizing the DreamUp Service, you agree to be bound by the terms and restrictions of the Hugging Face License (CreativeML Open RAIL-M license) and (Stability AI CreativeML Open RAIL++-M license) ("The Hugging Face License") which are incorporated into, and form a part of, these Terms. Your use of the DreamUp Service may be restricted or blocked for non-adherence or violation(s) of these Terms and/or the Hugging Face License. Provision 5 of the Hugging Face License is copied below in italics, and the “Use-Based Restrictions” found in “Attachment A” are repeated below:

5. Use-based restrictions. The restrictions set forth in Attachment A are considered Use-based restrictions. Therefore You cannot use the Model and the Derivatives of the Model for the specified restricted uses. You may use the Model subject to this License, including only for lawful purposes and in accordance with the License. Use may include creating any content with, fine tuning, updating, running, training, evaluating and/or reparameterizing the Model. You shall require all of Your users who use the Model or a Derivative of the Model to comply with the terms of this paragraph (paragraph 5).

Attachment A
Use Restrictions

You agree not to use the Model or Derivatives of the Model:

• - In any way that violates any applicable national, federal, state, local or international law or regulation;
• - For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
• - To generate or disseminate verifiably false information and/or content with the purpose of harming others;
• - To generate or disseminate personal identifiable information that can be used to harm an individual;
• - To defame, disparage or otherwise harass others;
• - For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
• - 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;
• - 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;
• - For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
• - To provide medical advice and medical results interpretation;
• - 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).

2. Community Standards

You agree to be subject to and to conduct yourself in accordance with the DeviantArt Etiquette Policy. Our staff will remove any content brought to their attention that violates these standards.

A. Prohibited Activities

In addition to the Use Restrictions above, you agree not to use the DreamUp Services to generate content:

• - In any way that violates any applicable national, federal, state, local or international law or regulation;
• - For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
• - To generate or disseminate verifiably false information and/or content with the purpose of harming others;
• - To generate or disseminate personal identifiable information that can be used to harm an individual;
• - To defame, disparage or otherwise harass others;
• - For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
• - 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;
• - 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;
• - For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
• - To provide medical advice and medical results interpretation;
• - 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);
• - That is pornographic, depicts sexual violence, is obscene, offensive, blasphemous, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
• - To harm minors in any way, including, but not limited to creating content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
• - That violates the intellectual property rights of others;
• - To generate or disseminate verifiably false information or conspiracies;
• - For any commercial purpose, except as expressly permitted under these Terms;
• - Imagery inspired by other artists without permission and without acknowledgment;
• - That circumvents keyword blacklists implemented to block the generation of art that violates these Terms.

B. Credit Policy

DeviantArt is a collaborative community of creators in which all artists are expected to credit each other. If the creations of another member of the DeviantArt community inspired your submission to the DreamUp Service – whether that inspiration be style, content, characters, setting, backgrounds, or any other artistic element – you must credit DeviantArt creator.

3. Users

You must be 13 years old to use the DreamUp Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times.

4. Copyright and other rights

The DreamUp Service uses artificial intelligence to generate Content. Copyright laws for AI generation are still developing and changing rapidly, and differ from one jurisdiction to another. For more information about copyright ownership and protection that may be applicable to you by generating AI artworks, we advise you to consult with your local counsel.

In jurisdictions where the DreamUp Service is designated as the Copyright holder, we pass the Copyright to you.

When using DreamUp via uploading an image from your files, you must make sure you have all rights to upload, use, modify and share this image publicly, including any and all copyrights, trademark rights, and publicity rights. YOU MAY NOT UPLOAD AND USE ANY IMAGE THAT MAY INFRINGE ON THIRD PARTIES’ RIGHTS.

5. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless DeviantArt, its affiliates and their respective officers, directors, employees and agents (“Indemnified Party”), from and against any and all claims, liabilities, damages, losses, fines, costs and expenses, including, without limitation, reasonable legal and expert fees and court costs, resulting from any claim, action, suit, or proceedings brought by a third party (“Third Party Claim”) to the extent arising out of, relating to or in any way connected with your access to or use of the DreamUp Services or your violation of these Terms.

In the event that an Indemnified Party seeks indemnification pursuant to this Section 5, Indemnified Party shall: (a) give you prompt written notice of each such Third Party Claim ; (b) tender to you the control of the defense or settlement of each such Third Party Claim at your expense and (c) cooperate with you, at your expense, in defending or settling each such Third Party Claim. Subject to the foregoing, Indemnified Party shall have the right to participate at its own expense in any indemnification action or related settlement negotiations using counsel of its own choice. You shall not settle any Third Party Claim in a manner that adversely affects the rights of an Indemnified Party without the Indemnified Party's prior written consent, provided, that such consent shall not be unreasonably delayed or withheld. The Indemnified Party’s failure to perform any obligations under this Section 5 shall not relieve you of your obligations hereunder, except to the extent that you can demonstrate that it has been materially prejudiced as a result of such failure.

6. Disclaimer of Warranty and Limitation of Liability

DEVIANTART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE DREAMUP SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE DREAMUP SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. DEVIANTART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. DEVIANTART MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE DREAMUP SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT DEVIANTART IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, DEVIANTART SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE DREAMUP SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF DEVIANTART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL DEVIANTART'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO DEVIANTART PURSUANT TO THIS AGREEMENT.

7. Privacy

DeviantArt is committed to safeguarding your privacy. Please review DeviantArt's Privacy Policy. The terms of DeviantArt's privacy policy are incorporated into, and form a part of, these Terms.

8. Service Fees

DeviantArt offers access to DreamUp at different rates in accordance with your relevant subscription plan. Please see details here.

For more information about DreamUp and our user policy, read here.