TERMS OF SERVICE

The following document outlines the terms of use of Walli. Before using any of the Walli services, you are required to read, understand, and agree to these terms.

ACCEPTANCE OF TERMS

The illustrations and images available on the application Walli (“Application”) are owned by their respective artists and offered jointly by StangaAD & Shine Media. They are accessed by you under the Terms of Use described below (“Terms”). Please read these Terms carefully before using the services. By accessing the Application, viewing any content or using any services available on the application (each is defined below) you are agreeing to be bound by these Terms, as well as with our Privacy policy.

DESCRIPTION OF SERVICE

Walli is an online community which enables illustrators, graphic designers and other artists (“Artists”) to post their Artwork (“Content”) and promote their work. Artworks consists of illustrations, drawings, images, photographs, pictures. Users can browse, view, like, save and download any Content (“Services”) for personal use only. Copyright belongs to their respective owner, the Artists who freely share their Content on the Application. Personal use means non-commercial use of the Content for display on personal websites, computers, smartphones and tablets or making image prints for personal use. The Content may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration.

Your access to and use of the Walli application may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the application or any other reason within or outside the control of Walli. Walli reserves the right to suspend or discontinue the availability of the application and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Walli may also impose limits on certain features and Services or restrict your access to parts of or all of the Application and the Services without notice or liability. The Application should not be used or relied upon for storage of photographs and images. Artists are directed to retain their own copies of all Content posted on the Application.

REGISTRATION

As a condition to using Services, you are required to open an account with Walli and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on Walli.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account on Walli.

USERS AND ARTISTS CONDUCT

All Content posted or otherwise submitted to the Application by Artists is the sole responsibility of the account holder from which such Content originates and Artists acknowledge and agree that they, and not Walli, are entirely responsible for all Content that they post, or otherwise submit to the Application. Walli does not control Artists submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. In consequence, you understand that by using the Application you may be exposed to Content that is offensive, indecent or objectionable.

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Walli. By way of example, and not as a limitation, you agree not to use the Services:

• To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
• To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Walli user;
• To create or transmit unwanted ‘spam’ to any person or any URL;
• To post copyrighted Content which doesn’t belong to you;
• To artificially inflate or alter vote counts, favorites, likes or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
• To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• To sell or otherwise transfer your profile.

As a condition of use, Artists promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Walli. By way of example, and not as a limitation, Artists agree not to use the Services to:

• To abuse, harass, threaten, impersonate or intimidate any person;
• For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
• To create multiple accounts for the purpose of voting for or against artists Content;
• To artificially inflate or alter vote counts, favourites, likes or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
• To promote or sell Content of another person

To report a suspected abuse of the Application or a breach of the Terms please send written notice to Walli at email: [email protected]

You are solely responsible for your interactions with other users of the Application. Walli reserves the right, but has no obligation, to monitor disputes between you and other users.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

By submitting content to the Application, Artists are granting Walli a worldwide, non exclusive license to use the content and are representing and warranting to Walli that the content is owned or duly licensed by them, and that Walli is authorised to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party.

In consideration of Walli’s agreement to allow Artists to post Content to the Application and Walli’s agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, Artists agree with Walli as follows:

Artists acknowledge that:

• By uploading photographic or graphic works to Walli they retain full rights to those works that they had prior to uploading.
• By posting Content to the Application they hereby grant to Walli a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Application and will automatically terminate upon the removal of the Content from the Application ;
• The license granted to Walli includes the right to use the Content fully or partially for promotional reasons and to distribute and redistribute the Content to other parties, websites, applications, and other entities, provided such Content is attributed to the Artists in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to Walli by the Artists;
• Walli makes no representation and warranty that Content posted on the Application will not be unlawfully copied without the Artist’s consent. Walli does not restrict the ability of users and visitors to the Application to download Content posted on the Application and Artists expressly authorize Walli to permit users and visitors to the Application to make such downloads of their Content; and
• Subject to the terms of the foregoing license, Artists retain full ownership or other rights in their Content and any intellectual property rights or other proprietary rights associated with their Content.

• Artists represent and warrant that:

• They are the owner of all rights, including all copyrights in and to all Content they submit to the Application;
• They have the full and complete right to enter into this agreement and to grant to Walli the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Walli of the Content as contemplated herein; and
• The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.

• Artists shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Walli, all of which such rights are hereby expressly and irrevocably waived by them in favour of Walli.

Terms of service – AI image generation

We are constantly evolving the Services to make them better for you. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to you or your downstream customers for any harm caused by your dependency on the Service.

The model is licensed with a CreativeML Open RAIL-M license. The authors claim no rights on the outputs you generate, you are free to use them and are accountable for their use which must not go against the provisions set in this license. The license forbids you from sharing any content that violates any laws, produce any harm to a person, disseminate any personal information that would be meant for harm, spread misinformation and target vulnerable groups. The service should not be used for: -NSFW, lewd, or sexual material -Hateful or violent imagery, such as antisemitic iconography, racist caricatures, misogynistic and misandrist propaganda, etc. -Personal information about yourself or any other person.  This includes but is not limited to phone numbers, residential addresses, social security numbers, driver’s license numbers, account numbers, etc. -Copyrighted or trademarked material should be avoided in prompts.

By accessing the Services, you confirm that you’re at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access the Services in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf.

Please ask your parent or guardian to read these terms with you. If you’re a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you and you’re responsible for your teenager’s activity on the Services.

Rights you grant

By using the Services, you grant to Tap mobile, its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute text, and image prompts you input into the Services, or Assets produced by the service at your direction. This license survives termination of this Agreement by any party, for any reason.

The restrictions set forth below are use-based restrictions. You cannot use the third-party integrated TTI feature and/or the Derivatives (as such term is defined in the SD License found here: https://huggingface.co/spaces/CompVis/stable-diffusion-license) in any manner that violates or contradicts the purpose of the restricted uses, at Company’s exclusive discretion. You may use the TTI feature subject to the SD License incorporated into the Contracts, including only for lawful purposes and in accordance with the SD License and the Contracts. Use may include creating any content with, use of and/or running the TTI feature. You agree not to use the TTI feature and/or the Derivatives (as such term is defined in the SD License): A. In any way that violates any applicable national, federal, state, local or international law, rule, or regulation; B. For the purpose of soliciting, exploiting, harming or attempting to exploit or harm minors in any way; C. To generate or disseminate verifiably false information and/or content with the purpose of harming others; D. To generate or disseminate personally identifiable information; E. To defame, disparage, or otherwise harass others; F. For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation; G. For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics; H. To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the – 5 – behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm; I. For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories; J. To provide medical advice and medical results interpretation; K. To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g., by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use). 5. OPEN-SOURCE SOFTWARE NOTICE 5.1. Open-Source Software Uses. The TTI feature is based on the following open-source software: CreativeML Open RAIL-M. This software is governed by the Stable Diffusion License, Dated August 22, 2022 (the “SD License”); You may not use the TTI feature except in compliance with the SD License. You may access a copy of the SD License at: https://huggingface.co/spaces/CompVis/stable-diffusion-license. The SD License is hereby incorporated into the Contracts and You agree to be bound by all terms and conditions of the SD License. 5.2. No Warranties. Unless required by applicable law or agreed to in writing, software distributed under the SD License is distributed on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the SD License for the specific language governing permissions and limitations under the SD License.

Posting Your User Content to social media is generally permissible, as is livestreaming Your usage or demonstrating our Services to groups of people. Please adhere to the following obligations: • Manually review all User Content, including each Artwork before sharing or while streaming; • Attribute the content to Your name or Your company; • Indicate that the content is AI-generated in a way no user could reasonably fail to notice or misunderstand; and • Do not share content that violates the Contracts or that may offend others.

Copyright:

The public domain is not a unified concept across legal jurisdictions, thus the specific affirmation you make when using our services is that of the CC0 1.0 Universal Public Domain Dedication [available at https://creativecommons.org/publicdomain/zero/1.0/].  Any/all users (including “Affirmers” as described in the Universal Public Domain Dedication) expressly agree to the entirety of the referenced and incorporated Universal Public Domain Dedication, which includes, but is not limited to, the following:

Children’s Online Privacy Protection Act

The Service is not designed or intended for children under the age of thirteen (13).

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not market to children under 13 We reserve the right to request proof of age at any stage to verify that minors under the age of thirteen (13) are not using the Service. If you are under the age of thirteen (13), you may not download the Software or use the Service including the Software, you may not use any feature of the Service that requires registration, and you may not provide us with any Received Information.

 

COPYRIGHT COMPLAINTS

Walli respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content posted on the Application infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Walli will use reasonable efforts to investigate notices of alleged Infringement. Walli will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Application.

To notify Walli of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of [email protected] and include in your notice a detailed description of the alleged Infringement to enable Walli to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorney’s’ fees) for misrepresenting that any Content is infringing a copyright.

If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the Artist who posted the affected Content. If the Artist feel that the Content is not infringing, he may provide Walli with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at [email protected]. The Artist must include in the counter notice sufficient information to enable Walli to make a reasonable determination. Please note that he may be held accountable for damages (including costs and attorney’s’ fees) if he materially misrepresent that the Content is not infringing the copyrights of others.

If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.

LIMITATION OF LIABILITY

In no event shall Walli be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the Application, the Service or any Content for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

TRADEMARKS

The Walli application, Walli graphics, logos, designs, button icons, scripts, and service names are registered trademarks or trade dress of Walli. Walli’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Walli.