Terms and Conditions

1. Introduction

Thank you for using Winter Comics platform. These Terms of Service (“Terms”) govern the relationship between Winter Comics, Inc. (“Winter Comics”, “we”, “our”) and the entity or person (“Customer”, “You”, “Your”) using or accessing our services, applications, or platform through our website available at wintercomics.com (the “Site”), through any of our channels, or by any other means (together, the “Services”). These Terms explain what rights you have with respect to images and other assets that you might generate with the Service (the “Assets”), or prompts you might enter into the Service (the “Inputs”), your use of the Services, and other important topics like arbitration. Our privacy policy outlines how we handle your data here. Please read these Terms carefully, along with our privacy policy, and all other documents referenced in these Terms. Together with the Terms, these documents form a single binding agreement between us (the “Agreement”).

Applicability

These Terms apply to anyone using or accessing our Services, including but not limited to individuals or entities interacting with our website, applications, or other means by which Winter Comics provides access to its platform and content.

Rights and Responsibilities

The Terms outline your rights with respect to the Assets and Inputs generated through our Service. You are solely responsible for determining how to use, share, and redistribute any Assets or Inputs. Winter Comics makes no guarantees regarding the quality, stability, or uptime of the Services, and we are not liable for any harm caused by your dependency on the Services.

Acceptance and Updates

This Agreement is effective when the Customer is presented with this Agreement and proceeds to use or access the Services (the "Effective Date") or to receive or distribute Assets. This Agreement may be updated from time to time and will be presented to the Customer again. Continued use of the Services constitutes acceptance of the updated terms. If you do not agree to this Agreement, please stop using or accessing the Services.

2. Service Availability and Quality

We are constantly improving the Services to make them better. 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.

Modifications

Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.

Warranties and Liability

Winter Comics reserves the right to suspend or ban Your access to the Services at any time, and for any reason. You may not access or use the Services for purposes of developing or offering competitive products or services. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. You may not resell or redistribute the Services or access to the Service. Only one user may use the Services per registered account. Each user of the Services may only have one account.

Access and Usage Restrictions

You may not use the Service to try to violate the intellectual property rights of others, including copyright, patent, or trademark rights. Doing so may subject you to penalties including legal action or a permanent ban from the Service.

Intellectual Property

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

Investigations and Violations

2. Age Requirements

By accessing the Services, You confirm that You are at least 18 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.

Parent or Guardian Consent

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

Family Friendly

Winter Comics tries to make its Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on user queries. This is new technology and it does not always work as expected.

No Guarantees

No guarantees are made as to the suitability of the Assets for the Customer.

3. Your Information

By using the Services, You may provide Winter Comics with personal information like Your email address, user name, billing information, favorites, image outputs, and text prompts that You enter, or sample images that You upload to the Service.

Privacy Policy

Our privacy policy can be found here. Privacy Policy

4. Content Rights

Your Rights and Obligations You own all Assets You create with the Winter Comics Services to the fullest extent possible under applicable law. There are some exceptions: Your ownership is subject to any obligations imposed by this Agreement and the rights of any third-parties. If you upscale the images of others, these images remain owned by the original creators. Please consult Your own lawyer if You want more information about the state of current intellectual property law in Your jurisdiction. Your ownership of the Assets you created persists even if in subsequent months You downgrade or cancel Your membership.

Your Rights and Obligations

Inputs, Assets, and other content such as messages, photos, videos, and documents that you may provide to the Winter Comics Services (such as through uploading, posting, sharing, or chat messages) are collectively, “Content”. You are responsible for all Content that you provide or generate, including ensuring that it does not violate any applicable laws or this Agreement, and that you have all necessary rights and permissions to provide the Content.

Inputs, Assets, and Content Responsibility

By using the Winter Comics Services, You grant to Winter Comics, its affiliates, 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 the Content You input into the Services, as well as any Assets produced by You through the Service. This license survives termination of this Agreement by any party, for any reason.

Rights You give to Winter Comics

Please note: Winter Comics is an open community that allows others to use and remix Your Content whenever they are posted in a public setting. By default, Your Content is publicly viewable and remixable. As described below, You grant Winter Comics a license to allow this.

6. Dispute Resolution and Governing Law

In the event of a dispute, controversy, or claim arising from or related to these Terms (“Dispute”), the parties agree to resolve the Dispute through binding arbitration instead of in court. The parties will first attempt in good faith to resolve any Dispute within 30 days from when it arises. If the Dispute remains unresolved after 30 days, it will be settled through binding arbitration under the rules of the American Arbitration Association’s International Centre for Dispute Resolution, following its Expedited Commercial Rules as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator.

Dispute Process

The arbitration will take place in English and in Santa Clara County, California, USA. By agreeing to mandatory arbitration as outlined herein, both You and Winter Comics irrevocably waive any right to a jury trial in any legal action, proceeding, or counterclaim. However, either party may seek injunctive relief from a court of competent jurisdiction to protect its rights while awaiting the resolution of the arbitration.

Arbitration Details

The arbitrator has the authority to order equitable or injunctive relief consistent with the remedies and limitations specified in this Agreement. The arbitration award will be final and binding on both parties and can be enforced in any competent court, including courts with jurisdiction over either party or their property.

Legal Waiver

Each party will be responsible for its own attorneys' and expert fees, regardless of the outcome of the arbitration.

Attorneys' Fees

Each party will be responsible for its own attorneys' and expert fees, regardless of the outcome of the arbitration.

8. Payment and Billing

We may invoice You for Your use of the Services through a third-party payment service provider. The terms of service of the third-party service provider shall govern and take precedence over this Agreement in case of any conflict, but only with respect to payment processing.

Payment Processing

Payments for the Services may be processed by a third-party service provider. The terms and conditions of this provider will apply to payment-related matters and will override any conflicting provisions in this Agreement.

Termination

We 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. Any violation of the Community Guidelines will be considered a breach of this Agreement.

9. Community Guidelines

Be kind and respectful to each other and staff. Do not create images, use text prompts, or submit content that is inherently disrespectful, aggressive, hateful, or otherwise abusive. Violence or harassment of any kind will not be tolerated.

Respect and Behavior

Treat others with kindness and respect. Abusive, aggressive, or harmful behavior is prohibited. We aim to maintain a positive and respectful environment for all users.

No Adult Content or Gore

Please avoid creating or uploading shocking, disturbing, or inappropriate content, including adult material and excessive gore. Some inputs may be blocked automatically.

Respect Others’ Creations

Do not distribute, repost, or share the creations of others without their permission. Respect the intellectual property and rights of fellow users.

No Political Campaigns

The Services may not be used for political campaigns or attempts to influence the outcome of elections.

Fraud and Deception

You may not use the Services or Assets to deceive or defraud anyone. Misleading or fraudulent activity is strictly prohibited.

No Illegal Activity

Do not use the Services for illegal activities or upload images that may be associated with illegal actions. Any such activities are prohibited.

No Misleading Assets

Do not intentionally mislead recipients regarding the nature or source of the Assets.

Respect Privacy

Do not upload or share others’ private information without their consent. Respect privacy and confidentiality.

Be Careful About Sharing

It’s okay to share your creations outside the Winter Comics community, but be mindful of how others may perceive your content.

Banhammer

Any violations of these guidelines may lead to a ban from our services. Please behave respectfully or risk losing access to the Service.

10. Limitation of Liability and Indemnity

We provide the service as is, and make no guarantees or promises about it. You understand and agree that we will not be liable for any loss of profits, data, goodwill, or for any incidental, indirect, special, or consequential damages, however they arise. Our aggregate liability will not exceed the amount you paid for the services that gave rise to the claim within the past 12 months.

Liability and Responsibility

You are solely responsible for your use of the service. If you cause harm to others or get involved in a dispute with someone, we will not be held accountable.

Indemnification

To the extent permitted by law, you agree to indemnify and hold Winter Comics, its affiliates, and personnel harmless from any costs, losses, liabilities, and expenses (including legal fees) arising from third-party claims related to your use of the services, assets, or violations of these terms.

11. AI Collaborator

The AI Collaborator tool provided by Winter Comics is part of our services and is governed by the terms outlined in this Agreement. By accessing and using the AI Collaborator, you agree to comply with these terms. If you do not agree, you must stop using the AI Collaborator.

AI Collaborator Access and Restrictions

Access to the AI Collaborator is by invitation only. Users will be selected from a waitlist and granted access at Winter Comics's discretion. Your access will depend on factors such as subscription status and eligibility, and you may be contacted once you are approved for access. Winter Comics reserves the right to revoke access or remove any content at any time for any reason.

AI Collaborator Content

You are responsible for all content, including images and prompts, that you input or generate using the AI Collaborator. You warrant that you have all necessary rights and permissions to upload, edit, and share this content, and that it does not infringe upon any third-party intellectual property or privacy rights.

12. Miscellaneous

Force Majeure

Neither Winter Comics nor the user will be liable for failure or delay in performance due to circumstances beyond reasonable control, including natural disasters, acts of God, terrorism, riots, or war.

No Agency

This Agreement does not create any agency, partnership, or joint venture between the parties.

Severability

If any part of this Agreement is deemed invalid, illegal, or unenforceable, the remainder of the Agreement will remain in effect.

No Third-Party Beneficiaries

This Agreement does not confer any benefits upon third parties unless explicitly stated.

Survival

Sections and obligations that a reasonable person would expect to survive the termination of this Agreement will survive, particularly intellectual property and privacy provisions.

Governing Law

This Agreement shall be governed by the laws of the State of California, USA, without regard to conflict of law principles. All disputes shall be subject to the arbitration provisions above.