ABOUND Terms of Service
Last updated March 5th, 2023
We’re big believers in accessible Terms of Service, so this summary is provided for your convenience. Don’t use this as a substitute for reading the full Terms.
These Terms of Service (“Terms”) constitute a legally binding agreement made between you (“you”, “your”), and Diving Bell Dev LLC (“we", “us”, or “our”), governing your access to and use of the abound.art platform as well as any content or functionality within it (together, the “Site”, or “Platform”). We are registered in Oregon, United States and have our registered office at 2355 State Street, Ste 101, Salem, Oregon, 97301.
The Site provides an online marketplace for algorithms for generating media, and the media generated by them (the “Digital Goods"). All users are required to accept and comply with these Terms of Service. You agree that by accessing the Site and or the Digital Goods, you have read, understood, and agree to be bound by all of these Terms. If you don’t consent to these Terms, you’re prohibited from accessing this site, and should discontinue your use immediately.
Supplemental policies posted on the Site from time to time are expressly incorporated into these Terms. We reserve the right, at our discretion, to make changes or modifications to these Terms from time to time. We will alert you to any changes by updating the “Last updated" date of this document, and you waive any right to receive specific notice of each such change. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site, even after modification.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within it. Accordingly, those persons who choose to access the Site from other jurisdictions do so on their own initiative and are solely responsible for compliance with local laws, to the extent local laws are applicable.
These Terms of Service shall remain in full force and effect while you use the Site.
Please review our Privacy Policy at abound.art/privacy. By continuing to use this Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Site and the Digital Goods are hosted in the United States. If you access the Site or the Digital Goods from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
Please review our Intellectual Property Policy at abound.art/ip. By using the Site, you agree to be bound by the Intellectual Property Policy, which is incorporated into these Terms of Service.
Please review our Community Guidelines at abound.art/community. By continuing to use the Site, you agree to be held to these standards, and understand that any violation of these guidelines can result in account suspension or deletion.
By using the Site or the Digital Goods, you represent and warrant that:
(1) you have the legal capacity to agree to and that you do you agree to comply with these Terms of Service
(2) you are not a minor in the jurisdiction in which you reside (the Site is intended for users who are at least 18 years old - persons under the age of 18 are not permitted to use or register for the Site)
(3) you will not access the Site or the Digital Goods through automated or non-human means
(4) you will not use the Site for any illegal or unauthorized purpose
(5) your use of the Site or the Digital Goods will not violate any applicable law or regulation.
You may not use the Site or the Digital Goods for any illegal or unauthorized purpose nor may you, in the use of Digital Goods, violate any laws. Use of the site in any unauthorized way may result in lifetime account termination or limitation.
We are a service provider and make no representations as to the safety, availability, value, adequacy, or legality of any of the information contained on the Site or the Digital Goods displayed or offered on the Platform. You understand and agree that the content of the Platform does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site's content, We do not endorse or recommend any Digital Goods and the Site is provided for informational, monetary, and artistic purposes only.
You are required to create an account in order to create Digital Goods. If you enter a password, you agree to keep your password confidential and will be responsible for all use of your account and password. You are solely responsible for the contents of your profile description and handle, and should not use that space for any purpose which is against the letter or spirit of these Terms. You can create or modify a unique handle to associate with your profile. We reserve the right to remove, reclaim, or change a handle you select if we determine, in our sole discretion, that such a handle is inappropriate, obscene, misrepresentative or otherwise objectionable. Your profile, handle, and any actions you take on the site will by default be public to the internet unless otherwise specified in these Terms.
All Digital Goods are subject to availability, and we cannot guarantee that any good will be available, even if shown on the site. Certain Digital Goods may be available through other sites, and we make no assertion of the uniqueness of any Digital Good offered through the platform. All descriptions of, pricing of, and availability of the Digital Goods are subject to change at any time without notice, at our discretion. We do not warrant that the quality of any of the Digital Goods purchased by you will meet your expectations or that any errors therein will be corrected. We do not warrant any intellectual property rights included in a digital good purchase including or beyond those asserted to us by the creator of the digital good.
When your digital goods are sold, your on-platform “Balance” (an amount of money that you’ve received on the platform) will increase. We accept payments and initiate balance withdrawals through Stripe, a third party payment processor. Small transactions may incur fees.
You agree to provide current, complete, and accurate purchase and account information for all purchases of the Digital Goods made via the Platform. Sales tax may be added to the price of purchases. We may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to refuse any order or withdrawl placed through the Site. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by resellers, automated means, or laundering operations.
No refunds will be issued - all sales are final.
You may not access or use the Site for any activity other than that for which we explicitly make the Site available. Specifically, you agree not to use this site for activities which are illegal, automated, inauthentic, IP-infringing, spammy, or rude.
You agree never to use the site in a manner inconsistent with any applicable laws or regulations.
You agree not to use automated or unauthorized means to access the site, including:
You agree not to use the site in a way that is inauthentic or manipulative, including:
You agree not to use this site in a way that infringes upon the intellectual property of others, including:
You agree not to use this site for any unauthorized monetary purpose, including:
Finally, you agree to be civil, courteous and respectful to all other users on the platform, meaning you will not engage in these activities:
Any content you transmit to the site through any mechanism (“User Generated Content”, or “Content” for short) may be generally treated as non-confidential and non-proprietary, except as explicitly described in the “Intellectual Property” section of these terms. When you create, upload or make available any Content to the site, you represent that
Any use of the Platform or the Digital Goods in violation of these restrictions violates these Terms and may result in, among other things, termination or suspension of your account, and forfeiture of any Digital Goods or balances remaining on the platform.
The Site may contain links to other websites ("Third-Party Websites"), both in user generated content, and Site created content. Such Third-Party Websites are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible in any way or form for any Third-Party Websites accessed through the Site or any Third-Party Content posted on the Site. You shall hold us harmless from harm or loss caused to you relating to or resulting in any way from contact with Third-Party Websites.
We reserve the right, but not the obligation, to each of these activities, at our sole discretion and impetus:
Without notice, at any time, and for any/no reason, we may terminate your use of, or restrict your participation in, or delete your account on the Site. If we terminate or suspend your account for any reason, you are prohibited from creating or signing in with a different account. In any case of termination or limitation, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.
Any piece of information on the Site may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
We reserve the right to change, modify, or remove the contents of the Site (or the entire Site) at any time or for any reason at our sole discretion without notice. We do not guarantee the Site and the Digital Goods will be available at all times, or even that either will continue to exist. We may interrupt, modify, or suspend service without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Digital Goods during any downtime or discontinuance of the Site or the Digital Goods. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or the Digital Goods or maintain any of its content.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site or the digital goods, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us.
We will maintain certain data that you transmit to the Site for the purpose of managing the platform. You are solely responsible for all maintaining and backing up all data that you transmit, create or own. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
The Site and Digital Goods are provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and the digital goods and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site's content or the content of any websites linked to from the site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the site or the digital goods, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Content; (2) use of the Digital Goods; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site or the Digital Goods with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
These Terms of Service and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Digital Goods. You agree that these Terms of Service will not be construed against us by virtue of having drafted them.
These Terms of Service and your use of the Site and the Digital Goods are governed by and construed in accordance with the laws of the State of Oregon applicable to agreements made and to be entirely performed within the State of Oregon, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a "Party” and collectively, the "Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least sixty (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the ARA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Marion County, Oregon. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Marion County, Oregon, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute 10 be brought in a purported representative capacity on behalf of the general public or any other persons.
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
We respect intellectual property rights and take complaints seriously. If you believe that any material available through the Platform infringes upon any copyright or other intellectual property right you own or control, please notify us using the contact information provided below.
For complaints, please contact us at the email address below. If you are unsatisfied, you may formally start the dispute resolution process described above through the same mechanism.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
To say hello, obtain information, file or resolve a complaint, or for any other purpose pertaining to the contents of these Terms, please contact us at:
terms@abound.art
Diving Bell Dev LLC
522 W Riverside Ave, Ste N
Spokane, WA 99201
These Terms of Service were inspired by, and contain some text from, several sources, including Termly, Law Insider, Rocket Lawyer. Thank you to each for this creative substrate!