Version Effective Date: March 4, 2024
Thank you for using our creator bonus program service (hereinafter referred to as the “Services”). This Terms and Conditions for Creator Bonus Program (hereinafter referred to as the “Agreement”) which is an integral part of our Terms of Service (“TOS”). Please read this Agreement carefully because it governs your access to and use of our Services and are legally binding.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE SUGGESTED NOT TO ACCESS OR USE OUR SERVICES.
1.3 You should have the necessary and appropriate legal capacity in accordance with the law. Please submit true, legal and effective information according to the prompts on the page, including your full name, mobile phone number, or payment information. When your information changes, you should update it in a timely manner. If your information is inaccurate, untrue, illegal, or if we have reason to believe that the information is questionable, we have the right to demand you to correct, supplement, or refuse to provide you with relevant services. You understand and agree that for security and identification reasons (such as account or password recovery appeal services, etc.), you may not be able to modify your initial information or other verification information.
2.1 In order to encourage and motivate creators to continuously create high-quality models, templates or tools, etc., we will launch various kinds of creator bonus programs or activities to qualified creators on our website. Creators who participate in the creator bonus programs or activities can get certain amount of bonus according to corresponding activity rules we demonstrated.If any discrepancies ever risen between the activity rules and this Agreement, the former will prevail.
2.2 During the settlement period of each creator bonus program or activity, we will settle and arrange payment for the revenue generated by the creator in accordance with the rules announced in the creator bonus program or activity. If there is any error or omission in the account or payment information provided by the creator, resulting in the delay or failure to the payment, we will re-initiate the payment on the agreed date after receiving the accurate account or payment information, but the payment fee incurred will be borne by the creator.
2.4 You shall comply with the specific rules of all creator bonus programs or activities, if the creator’s content is in violation of this Agreement or any specific rules which has obtained revenue, it shall be returned within 5 working days from the date of receiving the written notice of us, or we have the right to deduct the outstanding revenue directly, and we reserve the right to hold you liable for any losses arsing from the breach.
2.5 The creator shall be responsible for the payment of all taxes and fees (including bank fees).
3.Content Policy
You represent and warrant that you own all right, title and interest in and to the Content (including the texts and image prompts) you upload, post, publish, display, input or otherwise made available on or through our Services, or otherwise have the right to do so. You must be aware that your Content shall adhere to the Content Policy:
Do not attempt to create, upload, or share images that are not G-rated or that could cause harm.
Do not attempt to create, upload, or share images, including but not limited to:
Hate: hateful symbols, negative stereotypes, comparing certain groups to animals/objects, or otherwise expressing or promoting hate based on identity.
Harassment: mocking, threatening, or bullying an individual.
Violence: violent acts and the suffering or humiliation of others.
Self-harm: suicide, cutting, eating disorders, and other attempts at harming oneself.
Shocking: bodily fluids, obscene gestures, or other profane subjects that may shock or disgust.
Illegal activity: drug use, theft, vandalism, and other illegal activities.
Deception: major conspiracies or events related to major ongoing geopolitical events.
Political: politicians, ballot-boxes, protests, or other content that may be used to influence the political process or to campaign.
Public and personal health: the treatment, prevention, diagnosis, or transmission of diseases, or people experiencing health ailments.
Spam: unsolicited bulk content.
Don’t mislead your audience about AI involvement.
Respect the rights (including the intellectual property rights) of others.
Do not upload images of people without their consent.
Do not upload images to which you do not hold appropriate usage rights.
Do not create images of public figures.
4.Content License
4.1 If you set your content to public, it will be visible to other users. Therefore, you agree to grant us, our affiliates and each user a worldwide, perpetual, non-exclusive, royalty-free, sublicensable license to use, store, distribute, create derivative works from, publicly display your content and any derivative works in any form, through our Services, on any devices, platforms and in current or future media on the internet.
If you set your content to private, we will take reasonable and appropriate measures to keep your content confidential and prevent unauthorized access or disclosure.
Above licenses survive termination of this Agreement by any party, for any reason.
4.2 When you download files or images from our Service, or copy content generated by other users or create derivative content from the aforementioned content (referred to as “User Generated Content” or “UGC”), you understand and agree that you do not inherit any rights from the original content creator.
When you using UGC, you shall abide by the following:
Personal, Non-commercial Use: Except for the specific rights granted by the content creator or allowed by this TOS, You may use UGC for personal, non-commercial purposes.
Fair Use: You may use UGC in accordance with fair use as defined by Copyright Law, provided that you attribute the content to “SeaArt.AI” in the appropriate context.
Risk and Warranties: You assume the risk of using UGC. You understand and acknowledge that we cannot guarantee that UGC is free of infringing. If your use of UGC causes us any infringement losses, you will be liable for such compensation.
The above terms apply in addition to any specific licensing terms provided by the content creator and are not intended to limit any rights granted by such licensing terms. Furthermore, when content contains reasonable and customary license notices (such as open source licenses), the content will continue to be governed by those license terms when further accessing, distributing, or using the content.
4.3 You acknowledge and agree that in order to protect your legitimate rights and interests on our service in a timely and effectively manner, you specifically grant us a right to take legal actions, either independently or through professional third-party organizations, in our own name, to prevent potential infringement of your legal rights (including but not limited to copyright and trademark rights) and our interests. Such authorized legal actions may include but are not limited to: infringement monitoring, sending warning letters, filing administrative complaints, reporting to public security authorities, initiating legal proceedings, applying for arbitration, mediation, and settlement.
If according to the laws and regulations of the country or region where the creator is located, the creator is required to declare the personal income tax by himself, the creator shall handle the tax in accordance with the provisions of the country or region where the creator is located after obtaining the income, otherwise all the liabilities resulting from this will be borne by the creator.
5. Modification and Termination of the Agreement
5.1 We reserve the right, at our sole discretion, to modify, discontinue or terminate our Services, including any portion thereof, on a global or individual basis, or to modify these terms, at any time and without prior notice. If we modify these terms, we will post these terms as modified or otherwise provide you with notice of the modification. By continuing to access or use our Services after we have posted a modification to these terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, you are suggested to cease using our Services.
5.2 If you violate this Agreement or the rules of specific creator bonus program or activity, or maliciously disrupt the order of the platform or take improper means to make profits, resulting in the account being banned, we may notify you in writing to terminate this Agreement.
5.3 If this Agreement is terminated due to our reasons, your effective revenue generated during the term of this Agreement will be payed to you in accordance with the rules. If this Agreement is terminated due to your reasons, we reserve the right to hold you liable for breach of contract.
6.Indemnification
6.1 You agree to defend, indemnify, and hold us and our officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the Content you submit on or through our Services, or your violation of these terms.
6.2 In response to your violation of this Agreement or the rules of specific creator bonus program or activity, we reserve the right to take reasonable measures, including but not limited to sending warnings, blocking communications, temporarily or permanently suspending, prohibiting or terminating your account, blocking logon, disabling or deleting content, freezing or stopping payment, or other reasonable measures to be taken at our sole discretion.
7.Illegality and Severability
If for any reason a court of competent jurisdiction finds any provision of these terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these terms will remain in full force and effect.
If you have any questions about these terms, please contact with us via legal@seaart.ai. Your email contents are advised to include: (i) your Account information; (ii) your contact information; (iii) a clear description of what you wish us to do, any attached documents to support your concerns are appreciated.