Background

Terms of Service ( T.O.S. )

Updated 7/14/2023

These terms and conditions ("Terms", "Agreement") are an agreement between MyDesigns Inc ("MyDesigns Inc", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the mydesigns.io website and any of its products or services (collectively, "Website" or "Services").

Accounts and membership

If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

Indemnification and User Responsibility

By using MyDesigns, Inc.'s platform and agreeing to these terms of service, you ("User") hereby acknowledge that you bear full responsibility for all designs, products, and any associated intellectual property rights, including imagery, text, illustrations, and other graphical depictions ("User Content") you upload or utilize through our platform.

You represent and warrant that you possess all necessary rights, licenses, consents and permissions to use and authorize MyDesigns, Inc. and our print providers to use your User Content in the manner contemplated by these terms of service. You further ensure that the production, sale, or any other use of the products designed using the User Content will not infringe or violate the intellectual property rights or any other rights of any third party.

In the event of any breach of these warranties or if any third party makes a claim related to the use of the User Content, you agree to indemnify, defend, and hold harmless MyDesigns, Inc. and our print providers, including any of our respective officers, directors, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) resulting from:

Any breach, or alleged breach, of these warranties, representations, and obligations;

Any violation of any law or the rights of a third party resulting from your use of the services;

Any other type of claim that your User Content caused damage to a third party.

In the event of a dispute arising from or relating to the enforcement of these terms of service, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs.

By using the services of MyDesigns, Inc., you agree to all of the above, confirming that you have read, understood, and accepted this responsibility.

Failure to abide by these terms can lead to a suspension and/or termination of your account.

Dream AI Feature Use and Content Ownership

At MyDesigns, Inc., we encourage creativity through our Dream AI feature. However, to ensure safety and respect for all users, we prohibit certain types of content generation and sharing.

You may not violate these terms, other applicable policies, or assist others in doing so. Prohibited actions include but are not limited to: violating privacy rights, promoting illegal activities, generating or sharing obscene, violent, exploitative, or discriminatory content. Content exploiting children or minors in any manner, generating misleading, false, or harmful content, and infringing on intellectual property rights are strictly forbidden. The uploading of harmful software or interfering with the functionality of our services are not allowed. Engaging in actions that violate any applicable laws, or attempting any of the aforementioned actions, may lead to punitive measures.

We retain the right to block or blur any content deemed graphic, offensive, insensitive, or hurtful at our discretion. This may occur even if your intent is not malicious or if the content doesn't violate any explicit prohibitions outlined here. We may also block or remove content that we find objectionable or potentially harmful to us or others.

Your content is your property. You own the content you generate using our Dream AI feature, to the extent permitted by applicable law. When you upload images to our services, you confirm that you own all associated rights, including copyrights and publicity rights. You are responsible for ensuring that your content doesn't violate any laws, third-party intellectual property rights, or these terms.

By agreeing to these terms, you grant MyDesigns, Inc. the permission to use your content to enhance our services. This may include storing your content and associated metadata (such as image specifications, styles, and text prompts) in a 'history' section of your account, allowing you to revisit content you've previously generated.

Billing and payments

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over a SSL secured communication channel and is encrypted and protected with digital signatures, and our Website is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. Scans for malware are performed on a regular basis for additional security and protection. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Accuracy of information

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.

Third-party services

If you decide to enable, access or use third-party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against MyDesigns Inc with respect to such other services. MyDesigns Inc is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting MyDesigns Inc to disclose your data as necessary to facilitate the use or enablement of such other service.

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, MyDesigns Inc will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may do so via the contact form or send an email to support@mydesigns.io

This document was last updated on April 28, 2020

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