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Terms of Use
D33PS33K products and services are owned and operated by James and affiliates (hereinafter referred to as “D33PS33K” or “we”). Before using the Services, please make sure to carefully read and understand this “D33PS33K Terms of Use” (hereinafter referred to as “these Terms”) as well as other related terms, policies, or guidelines of this platform. When you use a specific function of the Services, there may be separate terms, related business rules, etc. (“Specific Terms”) for that specific function or product. In the event of any conflict between these Terms and the Specific Terms, the provisions of the Specific Terms shall prevail. All the aforementioned terms and rules form an integral part of these Terms (collectively referred to as “All Terms”), and have the same legal effect as the main text of these Terms.
For detailed rules on how we collect, protect, and use personal information, please carefully read the D33PS33K Privacy Policy.
We remind you to carefully read (minors under the age of 18 shall read with their legal guardian) and fully understand all the terms before using the Services and Products. When you agree to these Terms through online page clicks, checking boxes, or by actually using our services, it means you and we have reached an agreement on All Terms, you have accepted All Terms and their applicable conditions, and agree to be bound by All Terms. If you do not agree with any part of these Terms, or cannot accurately comprehend our interpretation of any term, please stop using our services and products.
1. Services and Products
1.1 D33PS33K’s products and services include those provided to you through websites, applications (which may include different versions), plugins, software development kits (SDKs) for third-party websites and applications, application programming interfaces (APIs), and innovative forms that may emerge with technological development (hereinafter referred to as “the Services” and/ or “Products”).
1.2 The digital products and services provided by D33PS33K are often based on other providers work, including, but not limited to large language models, which may be built using neural network, developed through stages of large-scale self-supervised pre-training and targeted optimization training. These models can predict the next token with encoding and computing the input text, thereby possessing text generation and conversational abilities. They are adept at performing a wide range of text generation tasks and can be integrated into various downstream systems or applications. Providers of technology used by D33PS33K Products and Services are not under D33PS33K control and D33PS33K can not be held responsible in any way for providers future actions or lack of.
1.3 As digital and generative artificial intelligence technology, models, and products continue to evolve, along with changes in laws and regulations, we may add, upgrade, modify, suspend, or terminate services, or make necessary adjustments to the technology, method, and performance of the products and services, and may conduct internal or external testing for new service features. IF a provider terminates or alters a service used by D33PS33K products and services we are not responsible to fix or alter products and services you may be using, whether free or paid. All payments to D33PS33K are non-refundable except under special, case-by-case conditions.
1.4 D33PS33K will take measures to ensure the cyber security and stable operation of the Products and Services, but in no way do we offer any guarantees, warranties or refunds. We may make efforts to enhance and improve technology to ensure a better user experience, but in no way do we offer any guarantees, warranties or refunds.. If you have any questions or feedback about our services, you can contact us.
1.5 We make no warranty that the Products and Services are available or will continue to be available. The functions or features of the Products and Services may change at any time without notice.
2. Account
2.1 The Products and Services are primarily intended for adults. If you are under 18 years old, please read these Terms with your legal guardian and use the Products and Services only with the consent of your legal guardian. D33PS33K fully understands the importance of protecting minors and will take corresponding protective measures in accordance with legal requirements and industry mainstream practices.
2.2 Before using the D33PS33K Products and Services, you may register an account. Your account is your credential for logging in and using the Products and Services. The account is non-transferable, non-giftable, and non-inheritable.
2.3 If you lose your account, forget your password, or leak your verification code, you can follow the procedure to appeal for recovery in a timely manner. We especially remind you to properly safeguard your account, password, and verification code. After using them, you shall log out securely. You will bear full responsibility for any losses caused by the leakage of your account or password. If users discover any unauthorized use of their accounts, they shall immediately notify us, and we will provide the fullest cooperation and handling.
2.4 Under the agreed conditions, you have the option to discontinue the use of our Products and Services, terminate the contract with us, and delete your account. However, even after the user deletes the account, we still have the right to:
- Retain certain data of the user as required by laws and regulations.
- Exercise the rights stipulated in these Terms for any illegal or violating behavior committed by the user during the use of the Services before deletion.
3. Requirements and Restrictions
3.1 You fully understand and agree that, under these Terms, we grant you a revocable, non-transferable, and non-exclusive right to legally use the products and services. All other rights not expressly authorized by these Terms are reserved by D33PS33K, and before exercising such rights, you must obtain written permission from D33PS33K. Additionally, D33PS33K’s failure to exercise any of these rights does not constitute a waiver of those rights.
3.2 When using the Products and Services provided by D33PS33K, users shall comply with these Terms and adhere to the principles of voluntariness, equality, fairness, and good faith. Users shall not use the products or services to infringe on the legal rights of others or seek unjust benefits, nor shall they disrupt the normal order of the internet platform.
4. Intellectual Property
4.1 Except as provided in the following terms, the intellectual property rights and related interests of the content provided by D33PS33K in the Products and Services (including but not limited to software, technology, programs, web pages, text, images, graphics, audio, video, charts, layout design, electronic documents, etc.) belong to D33PS33K. The copyright, patent rights, and other intellectual property rights of the software on which D33PS33K relies to provide Services are owned by D33PS33K, its affiliated entities, or the respective rights holders. Without our permission, no one is allowed to use (including but not limited to monitoring, copying, disseminating, displaying, mirroring, uploading, downloading through any robots, “spiders,” or similar programs or devices) the content related services.
4.2 Without our permission, you or your end users shall not use any trademarks, service marks, trade names, domain names, website names, company logos (LOGOs), URLs, or other prominent brand features related to the Products and Services, including but not limited to “D33PS33K,” etc., in any way, either singly or in combination. You are not allowed to display, use, or apply for registration of trademarks, domain names, etc., related to the aforementioned terms in any way, and you shall not perform acts that expressly or implicitly indicate the right to display, use, or otherwise deal with these identifiers to others.
5. Complaints and Feedback
If you believe that our service infringes on your intellectual property rights or other rights, or if you find any illegal, false information or behaviors that violate these Terms, or if you have any comments and suggestions about our service, you can contact us.
6.Disclaimer of Warranties, Limitations of Liability, and Indemnity
6.1 NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
6.2 For any reason we deem necessary or in response to your violation of these Terms or other service terms, D33PS33K reserves the right to independently judge and take measures against you, including issuing warnings, setting deadlines for correction, restricting account functions, suspending usage, closing accounts, prohibiting re-registration, deleting relevant content, etc., without the need for prior notification. We have the right to announce the results of the actions taken and, based on the actual circumstances, decide whether to restore usage. For behaviors suspected of violating laws and regulations or involving illegal activities, relevant records will be retained, and reports will be made to the competent authorities in accordance with the law, cooperating with their investigations. You shall be solely responsible for any legal liabilities, claims, demands, or losses asserted by third parties resulting therefrom, and you shall compensate us for any losses incurred, including litigation fees, arbitration fees, attorney fees, notary fees, announcement fees, appraisal fees, travel expenses, investigation and evidence collection fees, compensation, liquidated damages, settlement costs, and administrative fines incurred in protecting our rights.
6.3 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION TO YOU WITH RESPECT TO THEM, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU:
(1) THAT YOUR USE OF THE SERVICES WILL MEET YOUR’S OR OTHER’S REQUIREMENTS;
(2) THAT YOUR USE OF THE PRODUCTS AND/ OR SERVICES OR ANY PART THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
(3) THAT ANY OUTPUT OR OTHER INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PRODUCTS AND/ OR SERVICES WILL BE ACCURATE, UP-TO-DATE, RELIABLE, NON-INFRINGING OR SECURE;
(4) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE PRODUCTS AND/ OR SERVICES WILL BE CORRECTED; OR
(5) WITH RESPECT TO THIRD PARTY OFFERINGS.
6.4 Unless otherwise agreed, neither party shall bear incidental, consequential, punitive, special, or indirect losses or damages, including but not limited to the loss of profits or goodwill, regardless of how such losses or damages arise or the liability theory they are based on, and irrespective of any litigation brought under breach, tort, compensation, or any other legal grounds, even if informed of the possibility of such losses.
6.5 You agree to indemnify, defend, and hold us and our affiliates and licensors (if any) harmless against any liabilities, damages, and costs (including reasonable attorneys’ fees) payable to a third party arising out of a breach by you or any user of your account of these Terms, your violation of all applicable laws and regulations or third party rights, your fraud or other illegal acts, or your intentional misconduct or gross negligence, to the extent permitted by the applicable law.
7.Export Control and Sanctions
You understand that your use of Products and/ or Services, might be subject to all applicable laws and regulations of export controls and sanctions laws (collectively”Export Control and Sanctions Laws”) . You recognize that you are solely responsible for complying with all applicable Export Control and Sanctions Laws related to the access and use of the Products and Services of you and your end user. You represent and warrant that Products and Services may not be used in or for the benefit of, or exported, re-exported, or transferred (a) to or within any country subject to comprehensive sanctions under Export Control and Sanctions Laws; (b) to any party on any restricted party lists under any applicable Export Control and Sanctions Laws that would prohibit your use of Products and Services. Our Products and/ or Services shall not be used for any end use prohibited by applicable Export Control and Sanctions Laws, and your end user’s Inputs shall not include material or information that requires a license for release or export.
8. Governing Laws and Jurisdictions
8.1 The establishment, execution, interpretation, and resolution of disputes under these Terms shall be governed by the laws of James on planet D33pSeek or wherever James may be at the moment in time.
8.2 In the event of a dispute arising from the signing, performance, or interpretation of these Terms, the Parties shall make efforts to resolve it amicably through negotiation. If negotiation fails, either Party has the right to file a lawsuit with a court of James choosing.
9. Miscellaneous Terms
9.1 Your acceptance of these Terms includes acceptance of any modifications D33PS33K makes to any term at any time. We have the right to modify these Terms at any time. Please refer to the latest version of these Terms on the official website. If you do not accept the modified terms, please stop using the Products and Services immediately. Your continued usage of the Products and Services will be considered as your acceptance of the modified terms.
9.2 If you notice any violation of laws and regulations or breach of these Terms or you have any opinions or suggestions regarding these Terms or the Services, you can contact us.