Terms and Conditions

OUR DISCLOSURES:

Here are some essential things you should know before becoming a our customer, though our full terms are also available below:

All intellectual property rights belong to you. You can use the artwork for personal or commercial purposes. We cannot guarantee you will be able to trademark or claim copyright ownership of the painting. We cannot ensure that any trademark application or copyright claim infringes on the intellectual property rights of a third party.
Your membership will continue automatically unless it is suspended or terminated as outlined in these Terms.
We reserve the right to cancel any order we have accepted for delivery, regardless of the reason, before it is delivered to you. If we cancel your order, we will refund to the original payment method used to place the order.
Occasionally, we may need to modify the Membership Fees. If that happens, we'll let you know about the changes 30 days in advance. Once the 30 days have passed, we'll apply the new Membership Fees to your Membership. If you disagree with the new fees, you can cancel your Membership based on the terms outlined in our policies.
We have the right to end your membership by providing you with a written notice 30 days prior to the termination date.
We are only responsible for compensating you up to the amount you paid for the Artwork and/or Service related to your claim. We will not be held responsible for any additional losses you may incur as a result.
We wouldn't be held responsible for any harm to the artworks, injury or loss to anyone, or any delays in providing the artworks or breaches of laws if such losses were caused by events or circumstances beyond our control or actions of you or your associates.
We reserve the right to change these Terms, the features of the Site, or your Membership at any time. We will notify you in writing of any changes that may occur.

Introduction

Hello and welcome to OpenDream! Our platform allows you to create and buy unique artworks that are generated by Artificial Intelligence (AI) systems.
We, OpenDream, operate this website (Site) and these Terms of Service (Terms) outline the agreement between us and you, whether you're using the Site or registered as an Account holder.

Acceptance and Site Licence

You accept these Terms by clicking “I accept” when registering on the Site, placing an order via the Site or using the Site.
To ensure your safety while using the Site, if you are under 16 years old, it is required that you have a parent or guardian present when accessing the Site.
You are allowed to use our website as long as you follow the rules set out in these Terms. We give you a personal and non-transferable license to use the site for free, but only in the ways that we have agreed upon. You cannot use the site in any other way without our permission.

User Content, Prohibited Conduct and Community Standards

The website allows you to share information and content, including creating Artworks, by posting, uploading, publishing, submitting, or transmitting them (referred to as User Content).
To use the Site, it's important to follow the rules and not engage in any unlawful or inappropriate activities. This includes avoiding any actions or attempts that go against the law or generally accepted standards of behavior:

anything that could be considered a violation, such as sharing private or personal information without their permission.
using the Site to insult, bully, intimidate, or upset anyone.
using the Site for unlawful purposes;
submit any material that is considered Prohibited Content or violates our Community Standards as explained on the site. Additionally, refrain from creating any User Content that falls under these categories.
interfering with any user of the Site;
using the Site to send unsolicited electronic messages;
cheat the system by falsely boosting community interaction metrics (like "votes") using unauthorized methods, such as creating multiple accounts or using robots.
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
facilitating or assisting a third party to do any of the above acts.

The term "Prohibited Content" refers to material or content that falls under the following categories:

content that is abusive, offensive, pornographic, slanderous, deceptive, obscene, violent, defamatory, hate speech or otherwise inappropriate;
content that expresses discriminatory attitudes towards people based on their sexual orientation, gender identity, race, or any other characteristic;
content that encourages bullying, personal insults, harassment, or doxing (publicly revealing personal information);
uses content that belongs to someone else without their permission;
content that violates or encroaches on the rights of others, including but not limited to Intellectual Property Rights or privacy rights;
content contain harmful elements, such as spam, viruses, worms, corrupt files or code, Trojan horses, or any other type of security threat that could cause damage or compromise the security of the system;
content that encourages, provokes, or promotes illegal activity or arguments, or violates any law;
content that includes non-constructive criticism or creates a hostile or unwelcoming environment; or
content that can cause harm to someone, or content that encourages or supports harmful actions towards others, including graphic and violent material.

By using the Site and sharing User Content (such as posts or comments), you accept full responsibility for everything you post, including any content tagged with our brand on social media. By sharing User Content, you confirm that:

You need to ensure that you have the legal rights to all content you submit. This means either being the sole owner of the content or having obtained the necessary permissions from other owners. By agreeing to our Terms, you are granting us the right to use your content as outlined in the agreement.
You don't submit any content that's considered Prohibited Content. This includes any material or User Content that's deemed inappropriate or unacceptable by the site's standards.
If you share content on our website, it is your responsibility to make sure that you have the right to share that content. You should not share content that belongs to someone else or violates any laws or regulations. If you do share content that belongs to someone else or violates any laws or regulations, we will not be held responsible for any consequences that may arise.

Moderators and Violations

We do not support or authorize any User Content and are not accountable for it. However, we reserve the right to appoint community moderators or automoderators (Moderators) as needed to ensure that all User Content complies with our Terms.
In case you violate or we have reason to believe that you might violate these Terms, we or our Moderators may, at any time and based on our own judgment:

delete any User Content;
pause or stop your account (and any other related or linked accounts) as well as all content associated with your account;
suspend or permanently ban your access to the Site;
suspending, removing, or blocking your access to our online communities, such as our social media channel and Facebook group;
If any User Content is prohibited by law, we may share it with the relevant government agencies as required by law.

We reserve the right to reverse any decision made by a Moderator if we, at our discretion, feel that it is not in the best interest of OpenDream. However, we are not liable for any actions taken by the Moderators. If you disagree with a decision made by a Moderator, you can reach out to us through email.
At OpenDream, we offer a feature called the NSFW Filter which can be used by you or our Moderators to label User Content as Not Safe for Work. This helps to ensure that any potentially sensitive or explicit content is only visible to users who have chosen to view such content. It's important to note that we reserve the right The right to access and delete photos that infringe upon sensitive issues such as religion, politics, pedophilia, sex, or that are in conflict with our intended ethical purposes at our discretion or that of our Moderators.

Effect of Termination: If we (or our Moderators) suspend or terminate your Account due to a violation of these Terms:

there will be no reimbursement for any payments made towards your membership fees.
you will no longer be able to access your User Content, Artworks, and any other information you uploaded to the Site;
you must not create a new Account or attempt to access any Online Communities, unless you receive our written permission.

Accounts

You have can only either make purchases or create Artworks from us after creating an account. An account allows you to access your order history, save your Artworks, and use credits to create new Artworks. You can register for an account using your Facebook or other social media account. If you choose to sign in using your social media account, you give us permission to access some of your basic information, including your current profile photo.
To ensure that we are able to serve you better, we kindly ask that you provide us with accurate and current personal information when creating an account. We value your privacy and will handle all personal information in accordance with our Privacy Policy.
You are accountable for keeping your account details confidential. It is your responsibility to ensure that your account is not used by anyone else to make purchases or engage in any activity that violates the terms and conditions of the platform. You will be held responsible for all activities that occur on your account, so please keep your login information safe and secure.

OpenDream Services

We promise to give you access to the Site and support services specified in this section, as well as any other services that we've agreed to provide in your Account, such as creating or purchasing Artwork.
You can use our website whether or not you have an account or membership. You can create artworks or simply browse and view the site. However, the number of artworks you can create is based on the number of credits you have.
We will make every effort to ensure that the Site is available at all times, but occasionally we may need to perform scheduled or emergency maintenance that could result in temporary unavailability. We will try to keep any disruption to a minimum and notify users of any expected downtime.
If you're having trouble accessing the OpenDream.ai website, or if you have any questions or issues that are affecting your ability to use the site, please reach out to us for support. You can submit a request through our "Feedback / Support" page, or you can email us directly at [email protected] . We'll do our best to respond to your support requests as promptly as possible.
Our website utilizes AI systems to generate artworks. Please note that we have no control or influence over the final artwork that you create or receive from us. By using our service, you agree to this.
We have the right to modify or remove any AI methods or systems on the website at our own discretion.
By using the Site, you accept that it may interact with third-party systems such as cloud storage and computing providers, CRM systems, and internet providers. We do not provide these Third Party Services and cannot be held liable for them, to the fullest extent permitted by law. This means that if the Site is unavailable due to a failure of a Third Party Service, we cannot be held responsible.
Using any software involves a risk of data loss, which cannot be completely avoided. By using our Site and entering data into it, you acknowledge and agree to this risk. Therefore, we recommend that you maintain a backup copy of any data you input into the Site to avoid any potential loss.
We want to be transparent about our policies regarding data loss, maintenance, and website availability. We are not responsible for any loss or damage to your data, nor are we liable for any scheduled or emergency maintenance that may temporarily render the website unavailable. Please note that this policy is subject to the maximum extent allowed by law.

Membership

When you sign up for a Membership on our website, you will need to create an Accountselect a Membership plan. By doing so, you are committing to pay the Membership Fees by the Payment Date specified on our website. This payment will allow you to access additional features, such as extra Credits, and enjoy the full benefits of your Membership.
Your Membership will automatically renew every month unless it is suspended or terminated in line with these Terms or you decide to pay earlier to access more Credits. The Membership Fee will be debited from your account on the Payment Date specified on the Site. You can cancel your Membership at any time in accordance with the "Cancellation of Memberships" clause of these Terms, but the cancellation will only take effect after the monthly period for which you have paid the Membership Fees has ended.
By agreeing to these Terms, you authorize us to deduct any amounts that you owe us (whether under these Terms or other agreements) from any payments we owe you.
If you want to temporarily stop or modify your membership, such as by upgrading to a higher tier, you can do so by visiting the "Change Your Account" section on the website.
The Membership Fees can be refunded if you has only used up to 5% of your credit throught out your subscription.
Sometimes we may need to modify the features and inclusions that come with your Membership. This could involve removing certain elements. If we do need to make changes, we will give you a heads up at least 14 days before we apply them. If the changes have a significant negative impact on your experience of the Membership, you have the option to cancel your Membership based on the terms outlined in the'Cancellation of Memberships' section.
It is possible that we may have to modify the Membership Fees periodically. Should we make any changes to the Membership Fees, we will give you a notice 30 days in advance of the changes taking effect. Once 30 days have passed, we will apply the new Membership Fee to your Membership. In the event that you find the updated Membership Fee unsatisfactory, you may choose to terminate your Membership following the guidelines set out in the 'Cancellation of Memberships' clause.

Price and payments

To complete your order, you'll need to pay the Membership Fee and/or the purchase price of each physical Artwork, as well as any relevant delivery fees outlined on the Site. This payment, also known as the Price, must be made according to the terms outlined in this clause. Please note that all amounts are in US dollars and additional taxes may apply.
You are free to cancel Your plan at any time. We also reserve the right to terminate Your access to the Service for any reason, including for violation of the Community Guidelines or other inappropriate use of the Service.
To initiate your purchase credit, you will need to pay the full amount in advance through one of the payment methods available on the website.
To purchase the product, you are not allowed to use illegal or deceitful methods to pay the price. If you choose to pay with a debit or credit card, you confirm that you have permission to use the card for payment.
We provide several payment methods on our website, which are listed for you to choose from. Some of these payment options are managed by third-party providers such as PayPal. Please note that these third-party providers are responsible for their own actions, and you may be subject to additional terms and conditions when using their payment services.
To protect your sensitive information, we do not keep any credit card details in our system. Instead, we use a trusted third-party payment processor to securely collect and store all payment information.
You may be required to pay customs charges or taxes in addition to the price of the artwork, depending on the delivery location.
Occasionally, we may offer promotional discount codes for specific products available on our website.
In order to receive the discount, you need to enter a promotional code when you submit your order on the website.
The rules for using promotional discount codes will be provided on the website. Additionally, we may hold contests on our website or social media platforms, and the terms and conditions for these contests will be posted on the website during the contest period.

Intellectual property

We, or our personnel, own all the Intellectual Property Rights to any materials developed, adapted, modified, or created by us, except for the Artwork you create using the Site. This includes any content on the Site that we generate or create in connection with the Terms. Our Intellectual Property will always belong to us or remain with us.
This passage refers to the ownership of any materials that you create while using OpenDream Services. It states that any intellectual property rights for these materials will belong to you from the moment of their creation. If necessary, we will officially transfer these rights to you.
To be clear, once we finish making your artwork and give it to you, all rights to that specific artwork become yours. This means you can use it for personal or commercial purposes without any issues related to intellectual property.
If you don't automatically own the Intellectual Property Rights in any Artwork, we give you a non-exclusive, perpetual, irrevocable, worldwide, sublicensable, royalty-free, and transferable right and license to use the Artwork as allowed by these Terms. This license lets you benefit from the OpenDream Services while using the Artwork.
By using your artwork for commercial purposes, you agree that any user-generated content you provide does not infringe on any copyright, trademark, or other intellectual property rights of third parties. You also agree to protect us against any losses or damages resulting from any potential infringement on third-party intellectual property rights.
You must not, without our prior written consent:

copy, in whole or in part, any of Our Intellectual Property;
copy, share, distribute, sell, publish, broadcast, or circulate any of our copyrighted materials to any third party without our explicit permission.
modify or change any of our intellectual property, frame or embed it into another website, or create new works based on our intellectual property.

Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

you are not claiming to be the owner of Our Intellectual Property.
we do not endorse or approve of you unless we have explicitly agreed to do so in writing.
you refrain from engaging in any illegal, unfair, misleading, or deceptive practices that could harm or exploit us.
you comply with all other terms of these Terms.

Due to the evolving and developing nature of the law around AI created works, we provide no warranties and do not guarantee or represent:

You will have the right to own the copyright of your artwork in any location.
It is important to ensure that your artwork does not violate the intellectual property rights of any third parties.

Content you upload

We love hearing from you, and we encourage you to engage with us through our website and social media channels. Occasionally, we may organize campaigns that invite you to share your own content on social media platforms using specific hashtags (marked with a # tag).
If you share any content on our website or through social media using a tag, you give us permission to use that content in various ways. This includes the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise make use of that content on our website or social media platforms. We will only modify your content if we need to in order to use it as intended. This permission is permanent, worldwide, and free of charge.

General

Disputes: Before taking any legal action regarding any dispute arising from or related to these Terms, both parties are required to attempt to resolve the matter by meeting and engaging in good faith negotiations. However, if a party requires urgent interlocutory relief or if the dispute pertains to compliance with this clause, this requirement to meet may be waived.
Notices: To communicate with us or with you about these Terms, you must do so in writing. You can send your notice to us using the details we've provided below, or to you using the details you've provided when you placed your order or created your Account. You can send your notice by standard mail or email. If you send your notice by standard mail, it will be considered delivered after 48 hours. If you send your notice by email, it will be considered delivered upon transmission.
Feedback and complaints: At our company, we strive to continually enhance the quality of our services. If you have any comments or concerns, please reach out to us using the contact information provided below. We value your feedback and will do our best to address any issues you may have in a prompt and reasonable manner.
Assignment: You are not allowed to transfer any rights or responsibilities outlined in these Terms, either partially or entirely, without first obtaining our written permission.
Entire agreement: Except for your rights under the Australian Consumer Law, the Terms represent the complete agreement and mutual understanding between you and us regarding their subject matter.
Amendment: We reserve the right to change these Terms at any time by posting the updated terms on our website. Before making a purchase, we suggest that you carefully review the current terms to ensure that you comprehend and consent to them. The terms and conditions that apply to an order are the ones that were in effect (and agreed to) at the time of purchase.
Governing law: These terms are regulated by the laws of Queensland. Each party agrees to submit exclusively to the jurisdiction of the courts in Queensland and any courts with the authority to hear appeals from those courts. They also waive the right to object to legal proceedings in those courts. The website is accessible both in Australia and internationally, but we cannot guarantee that it complies with the laws, including intellectual property laws, of countries outside Australia. If you access the website from outside Australia, you do so at your own risk and are responsible for complying with the laws in your location.
Third party sites: The OpenDream website may have links to other websites that are not controlled or endorsed by OpenDream. It is important for you to investigate these websites and decide for yourself whether or not they are suitable for you. If you buy something from one of these third-party websites, OpenDream is not responsible for providing the goods or services. However, OpenDream may receive a benefit if you visit certain third-party websites through a link on the OpenDream website, such as a referral fee or commission. If OpenDream features certain products or services on the website, it will make it clear if they receive any benefit for doing so, or if any of the third-party links are affiliate links.

Non Fungible Tokens (NFTs): In using your Artwork, including but not limited to the sale of your Artwork and the development of any NFT, you acknowledge and agree that:

The regulations and laws that govern AI-generated art are still in development and subject to change.
We cannot assure that you will have complete copyright ownership of your artwork, even if we transfer ownership to you.

Definitions

Intellectual Property Rights refer to a wide range of legal protections for various forms of creative or proprietary works, such as copyrights, patents, trademarks, trade secrets, and confidential information. These protections can apply to a variety of things like artistic works, inventions, processes, software, databases, and more. They can be registered or unregistered and can be valid anywhere in the world, for as long as the rights last. This can include the right to apply for registration, as well as any improvements, modifications, or enhancements made to the original work.
Liability refers to any costs, losses, damages, claims, investigations, legal proceedings, or judgments that may arise, whether directly or indirectly, from any source and under any legal basis, including but not limited to statutory, contractual, equitable, or tortuous (including negligence) claims, as well as indemnification claims. This can apply to any present or future liabilities that are known or unknown, or contingent on any third-party involvement or related to the parties involved in these Terms.

Free Credits

After registering an account, you will be eligible for 20 free premium credits or claiming by visit our website on daily basis. By using the free credits provided by OpenDream, you agree to the following terms:

Usage: Free credits are intended for use solely within our platform and cannot be exchanged for cash or transferred to other users.
Expiration: Free credits does not have an expiration date as indicated when provided.
Changes: OpenDream reserves the right to modify, suspend, or terminate the availability of free credits at any time with prior notice.

By using free credits, you acknowledge your agreement with these terms.