This TERMS OF SERVICE was last updated on [17/5/2021].
Welcome to FaceMagic (the “App”), which is provided by Deepart Limited (“we”, “us” or “our”). You are reading the terms of service (the “TOS”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the APP and our related services. For purposes of the TOS, “You” and “your” means you as the user of the App.
1. Description of Services
1.1 FaceMagic is an online face swap application that uses artificial intelligence algorithms to generate a unique content (“Services”). You may use FaceMagic immediately with no registration.
To begin with, You may choose a photo or image, GIF or video by finding it available within respective Pre-sets catalogue or you may also upload a photo or image, GIF or video from your mobile device (“Uploaded materials”) for further face-swapping processing, and then upload a photo with faces from your mobile device in the supported format and file size (“Uploaded content”). After that, You can click the generating button “[Create]” or any other similar option. Our artificial intelligence algorithms scan either a GIF or a video or a chosen image, find the faces and instantly swap them into a new object (“Generated content”). Please note that some functions above may be limited if you are not a paid subscriber.
1.2 Subscription. We retain a right, at our sole discretion to provide some services, which will be available only for paid subscribers. The subscription begins after the initial payment and the payment should be performed via the method and in the amount indicated at the time of the purchase. You are responsible for payment of all fees, charges and taxes (if required by law) related to the transaction. Please note that if You download the App from a distribution platform which is not indicated or recognized by us, we are not responsible for any costs or liability arising from your action.
2. Legal Capacity
You understand and warrant that:
- (a) if You are entering into this TOS on behalf of another person, You are duly authorized by such person to enter into this TOS which will be binding upon both You individually and such other person (and“You”as used in this TOS shall refer to both);
- (b) You are of the legal age to form a binding contract with us;
- (c) if You are under the legal age, You shall access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms and subjected to the local laws and regulations;
- (d) You are not a person barred from subscribing to, using or accessing the App under the laws of the Hong Kong Special Administrative Region (HKSAR) or other applicable jurisdictions.
3.1 We reserve and retain all right, title and interest (including all intellectual property rights) in and to the App and the technology, systems and software used to provide the App. We reserve all rights not expressly granted to You in this TOS. You retain all intellectual property rights in to Uploaded materials and Uploaded content by you that will be modified or processed through the App as well as the Generated content.
3.2 You hereby grant us an irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, assignable right and license to use any Uploaded content to the App for the purposes of providing the functionality available on the App, and You can choose to make Uploaded content public so that every user could use it .You shall be the sole owner of, or otherwise have all requisite rights and licenses to use Uploaded content and Uploaded materials.
You warrant that the creation, modification or any other use of the Uploaded content and Uploaded materials does not infringe or violate any rights of any third party, including any intellectual property rights, data privacy rights, rights of publicity and privacy rights.
4. Restrictions of conduct and content
4.1 In accessing and using the App, You agree to abide by the following rules, restrictions and limitations:
- (a) You will not modify, translate, adapt or reformat the App;
- (b) You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of, the software or materials comprising the App (except where the foregoing is permitted by applicable local law notwithstanding such restrictions, and then only to the extent that such intended activities are disclosed in advance in writing to us);
- (c) You will not interfere with or circumvent any security feature of the App or any feature that restricts or enforces limitations on the use of the App;
- (d) You will not use the App to gain unauthorized access to our or any third party's data, systems or networks;
- (e) You will not use the App in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt our systems and networks, or otherwise interfere with other users' use of the App;
- (f) You will not use the App in any way that, in our sole discretion, may expose us and others to liability or damages;
- (g) You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained in the App; and
- (h) You will comply with all applicable laws in your access and use of the App, including the laws of your country or district if You live outside of the Hong Kong Special Administrative Region (HKSAR).
4.2 You shall not upload, share or otherwise transmit to or via the Services any content that:
- (a) is unlawful, harmful, libelous, defamatory, obscene, abusive, racially or ethnically offensive, pornographic, indecent, lewd, harassing, threatening, invasive of personal privacy or publicity rights, or otherwise objectionable;
- (b) 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;
- (c) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party;
- (d) contains any unsolicited promotions, political campaigning, advertising or solicitations;
- (e) contains any private or personal information of a third party without such third party’s consent;
- (f) may harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- (g) contains any viruses, corrupted data or other harmful, disruptive or destructive files or content, designed to interrupt, destroy or limit the functionality of the Application;
- (h) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (e.g., inside information, confidential information received in the context of an employment or a non-disclosure agreement); or
- (i) is in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose us or others to any harm or liability of any type.
We reserves the right, but is not obligated, to reject and/or remove any user content that we believe, in our sole discretion, violates these provisions. If you have noticed any violation of these Terms from your prospective, content of any nature whatsoever, please contact us at firstname.lastname@example.org or directly report in the App.
5. Claims of Infringement
If You believe in good faith that materials transmitted or created through the App infringe Your copyright, You (or Your agent) may send us a notice requesting that we remove the material or block access to it. Please provide the following information in writing:
- (a) an electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work;
- (b) a description of the copyrighted work that You claim has been infringed upon and sufficient information for us to locate such copyrighted work;
- (c) Your address, telephone number, and e-mail address;
- (d) a statement by You that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- (e) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, You may send us a counter-notice. If you do, we will wait 10-14 days and then re-enable your content unless the copyright owner initiates a legal action against you before then. Our counter-notice form, set forth below, is consistent with the form suggested by the DMCA statute, which can be found at the U.S. Copyright Office’s official website: http://www.copyright.gov. There is no specific time limit for submitting a counter-notice, but you should not delay unreasonably in doing so. Notices and counter-notices should be sent to us via email at: email@example.com.
5.2 Other rights
If You believe in good faith that materials in or to the App infringe Your other rights, You (or Your agent) may send us a notice requesting that we remove the material or block access to it. Please provide relevant information that could prove basic facts of the infringement in writing when You contact us.
5.3 We have the right to suspend or terminate the use of the App by anyone engaged in suspected repeated any infringement involved above.
You agree to indemnify and hold us and our officers, directors, shareholders and employees harmless from and against any loss, costs, liabilities and expenses (including, but not limited to, attorneys' fees and expenses) resulting from Your breach of this TOS, Your use of the App, Content, and any infringement by You of any intellectual property or other right of any third party.
7. Disclaimers; Limitation of Liability
THE APP IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. WE MAKE NO, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE APP, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
WE DO NOT WARRANT THAT: (A) THE APP (OR THE RESULTS OBTAINED FROM THE USE THEREOF) WILL BE TIMELY, ERROR-FREE, SECURE OR UNINTERRUPTED; (B) THE APP MEET YOUR REQUIREMENTS; OR (C) ANY ERRORS OR MALFUNCTIONS IN THE APP WILL BE CORRECTED.
WE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY OR OTHER THEORY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, COST OF SUBSTITUTE PROCUREMENT, ARISING IN WHOLE OR IN PART FROM YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ANY CAUSES BEYOND ITS REASONABLE CONTROL. IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, OUR AGGREGATE LIABILITY FOR ALL CAUSES OF ACTION, DAMAGES, EXPENSES AND LOSSES OF ANY KIND AND NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
8. Links to Third Party Websites and Services
The APP may contain links to third-party websites and services. Please note, their presence does not mean that they are recommended by us and we do not guarantee their safety and conformity with any your expectations. We assume no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.
9. Governing Law; Dispute Resolution
This TOS shall be governed by and construed in accordance with the internal laws of Hong Kong Special Administrative Region (HKSAR) without giving effect to its conflict of law’s provisions, regardless of your location.
Any dispute arising out of or in connection with the TOS, including any question regarding existence, validity or termination of the TOS, shall be referred to and finally resolved by the courts of HKSAR. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods.
10. Changes to this TOS
10.1 We reserve the right to update or make changes to this TOS from time to time in our sole discretion, and we may notify You of changes by making the revised version of this TOS accessible through the App, which changes will become effective immediately. Please return to this TOS periodically to ensure familiarity with the latest version of this TOS, so that You can determine when this TOS was last revised by referring to the “Date of Revision” at the top of this TOS. Your continued access or use of the App after any changes to this TOS have been posted means Your agreement and consent to such changes.
10.2 We reserve the right to change the Services scope listed herein and change charging standard applicable to the Services at any time for any reason in our sole discretion and without notice. We are entitled to stop or restrict provision of the Services in full or in part toward a certain user. We retain powers to discontinue provision and/or support of the Services without any prior notice.
11. Termination; Assignment
11.1 This TOS will continue in effect until terminated by either You or us as set out below. You may terminate this TOS at any time by ceasing Your access and use of the App. In the case that you are a subscriber to us, the subsequent processing of fees shall be subject to the respective rules of the Apple Store and Google Play or other distribution platforms (indicated or recognized by us). We may terminate this TOS and your right to access or use the App, with or without notice to you, for any reason, including suspected breach of this TOS by You. Upon any termination of this TOS, Sections 3, 5, 6, 7, 8, 9, 10,11and 12 will survive.
11.2 We reserve and retain the rights to assign, transfer or subcontract the Services to any third parties. Notice will be posted on the APP and your continuing use or update of the APP means your consent to such assignment.
12.1 If any provision of this TOS is found to be unlawful, void or for any reason unenforceable, that provision will not affect the validity and enforceability of any remaining provision and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties.
12.3 Any caption, heading or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
13. Contact Us
If You have any questions regarding the use of the App or this TOS, please contact us at firstname.lastname@example.org.