Terms of Service

Last updated Dec 19, 2024

Hello and welcome! These Terms of Service ("Terms") are an agreement formed between you ("You") and Generatively Inc. ("Company," "we" or "us") and cover the website available at Joyland.AI (the "Website"), and together with any content, tools, features and functionality offered on or through our Website (the "Services").

These Terms govern your access to and use of the Services. Please read them carefully, as they include important information about your legal rights. By accessing and/or using the Services, you're agreeing to these Terms. If you don't understand or agree to these Terms, please don't use the Services.

For purposes of these Terms, 'you' and 'your' means you as the user of the Services. If you use the Services on behalf of a company or other entity then 'you' includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

Use of the Services

Your Registration Obligations: You may need to go through the relevant registration process to access and use certain functions, and registration data and other information about you are protected by our privacy policy. If you are under 13 years old or if you are an EU citizen or resident under 16 years old, you are not authorized to register to use the Services.

Member Account, Password and Security. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Joyland.AI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Joyland.AI will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Site: Joyland.AI reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Joyland.AI will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

General Practices Regarding Use and Storage. You acknowledge that Joyland.AI may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on Joyland.AI's servers on your behalf. You agree that Joyland.AI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services. You further acknowledge that Joyland.AI reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Prohibition of Inappropriate Content Dissemination:Users explicitly agree not to disseminate any form of inappropriate conversation content initiated by the platform's AI, including but not limited to child pornography, violence, or other illegal content, outside of the platform. Users should recognize the sensitivity and illegality of such content and promise not to share, publish, or disseminate it in any public or private channels.

User Liability and Legal Consequences:Users understand and acknowledge that violating the aforementioned prohibition will cause serious damage to the platform's reputation and legal status. If users violate this provision and cause the platform to suffer any form of legal liability or economic loss, the platform reserves the right to pursue legal responsibilities from the user, including but not limited to claiming economic losses, demanding a public apology, and taking other legal actions.

User Supervision and Reporting Obligations:Users have the responsibility to supervise and report any inappropriate conversation content initiated by the platform's AI. Upon discovering such content, users should immediately cease the conversation and report it to platform administrators using the reporting function provided by the platform. The platform will review the user's reports and take necessary measures to prevent further dissemination of such content. Users commit to actively cooperate with the platform's management measures to jointly maintain a healthy communication environment on the platform.

Conditions Of Use

User Conduct. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ('Content') that you upload, post, publish or display (hereinafter, 'Upload') or email or otherwise transmit via the Services. The following are examples of the kind of content and/or use that is illegal or prohibited by Joyland.AI. Joyland.AI reserves the right to investigate and take appropriate legal action against anyone who, in Joyland.AI's sole discretion, violates this provision, including without limitation, removing the offending Content from the Website or Services, suspending or terminating the account of such violators and reporting them to applicable law enforcement authorities.

You agree to not use the Website or Services to:

  • upload or transmit any content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or other relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, 'junk mail,' 'spam,' 'contests,' 'sweepstakes,' or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Joyland.AI, is objectionable or which restricts or inhibits any other person from using or enjoying the Website or Services, or which may expose Joyland.AI or its users to any harm or liability of any type;
  • interfere with or disrupt the Website or Services or servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services;
  • violate any applicable local, state, national or international law, or any regulations having the force of law;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • solicit personal information from anyone under the age of 18;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Website or Services;
  • lease, lend, sell or sublicense any part of the Services;
  • try to get around any technological measure designed to protect the Services or any technology associated with the Services;
  • reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code contained within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification)
  • use the Services to create malicious or abusive content (as determined by Joyland.AI in its sole discretion) or any content that violates a Joyland.AI policy; or use the Services (or any part thereof or any technology contained therein) in any manner that infringes, misappropriates, or otherwise violates any intellectual property right or other rights of any person, or that violates any applicable laws.
    • Unacceptable Content

    Users must refrain from the following content, including in chat and/or avatars:

  • Illegal Activities. Do not use Joyland services to engage in or promote illegal activities, including commercial sexual activities, human trafficking, or the promotion of danger, including but not limited to all illegal actions listed above.
  • Malicious Use. Do not spread viruses, malware, or any other malicious or destructive code. Refrain from distributing content that damages or disrupts the operation of Joyland services.
  • Offensive, Disturbing, Unsettling, Disgusting, or Macabre Content.
  • Hate Speech. Do not post or distribute content that incites hatred or violence against a group of people based on race or ethnicity, nationality, religion, disability, gender, age, veteran status, sexual orientation, or gender identity. This includes content related to or depicting historical atrocities, or idolizing figures of hate such as Adolf Hitler, Joseph Stalin, or Pol Pot. Content that is defamatory, discriminatory, or mean-spirited, especially targeting religion, race, sexual orientation, gender, or national/ethnic origin, is prohibited.
  • Content Featuring Real Depictions of Harm to People or Animals.
  • Content Containing Inflammatory Religious Comments or Misleading Religious Texts.
  • Misinformation and Disinformation. Do not post misinformation that could lead to imminent risks of violence or physical harm, or disrupt the functioning of political processes. Do not exploit recent or current events, such as violent conflicts, terrorist attacks, or pandemics.
  • Glorification of Violence or Criminal Acts in Real Life, including but not limited to depicting known violent criminals or romanticizing references to violent criminal acts.
  • Personal and Confidential Information. Do not distribute other people's personal and confidential information, such as photos, credit card numbers, account passwords, or unlisted contact information.
  • Account Hijacking. Do not access other users' accounts without permission. Do not use our services for phishing scams.
  • Child Exploitation. Do not create or depict minors or characters with an undefined age of 18 or older. This includes "aged-up" characters originally depicted as minors in the source material. Realistic or human-like depictions of minor characters are strictly prohibited, even if fictional.
  • Spam, Trolling, or Replies with Sexual Implications. Do not send spam, including sending or creating unwanted promotional or commercial content, or unwanted or mass solicitation of roles. Do not use symbols to draw related patterns.
  • Pornographic Material. Do not post any real images of individuals or AI-generated images that are too realistic. This ban includes images that may be indistinguishable from real photos, with no allowance for any images of genitalia, whether penis or vulva. This is to protect personal privacy and prevent unauthorized misuse of others' likeness. The content allowed in our community must adhere to these boundaries to ensure a respectful and safe environment.
  • Sex Trafficking: We have a zero-tolerance policy for the use of our services in any way related to, assisting, or facilitating prostitution or sex trafficking activities. Violations will result in immediate account termination.
  • Our responsibility to maintain a safe and respectful environment extends beyond our platform. While we primarily focus on in-platform behavior, we reserve the right to take action based on extreme off-platform behavior that directly impacts our community, especially in cases involving pedophilia, underage users, or any other serious misconduct.
  • Fetish Content. Do not post content involving acts that could lead to the death, dismemberment, cannibalism, or the presence of bodily fluids such as feces and urine of any person or animal. Promoting the sexual attraction of non-human animals or normalizing it is prohibited; however, fictional species like Pokémon are exempt.
  • Zoophilia. Promoting or normalizing sexual attraction or interaction with non-human animals in real life is prohibited. Fictional species, such as Pokémon, are not subject to this rule.
  • Self-Harm. We may remove any content that promotes or encourages suicide, self-harm, eating disorders, or substance abuse.
  • Impersonation or Deceptive Practices. Do not use our services to impersonate others. Do not provide false information, post others' photos without permission, create accounts for anyone other than yourself, create multiple accounts, or solicit payments from other users.
  • Legal Compliance: Character created by users must comply with all applicable laws and regulations and must not infringe upon the legal rights of any third party.
  • Delisting Rights: If the platform discovers that a character involves legal risks, the platform has the right to delist the character without prior notice to the user in order to protect the legitimate rights and interests of the platform and third parties.
  • Complaint Mechanism: The platform should establish and maintain a complaint mechanism. For legitimate complaints received, the platform will respond promptly and take necessary measures.
  • Legal Liability: Users shall bear all legal responsibilities arising from intellectual property risks and legal risks associated with their Characters, including but not limited to compensating for losses and bearing litigation costs.
  • Evidence Provision and Assistance: After delisting a Character, the platform should provide corresponding evidence to support the legality of its actions and assist users in risk mitigation and problem resolution when necessary.
  • Restricted Goods. Do not advertise or attempt transactions involving controlled substances.
  • Fictional Consent and Accountability: For anthropomorphized entities, they must be able to pass the Harkin's Test (a test to determine perceptive consent of fiction) to participate in any scenarios involving consent. Non-anthropomorphized entities involved in non-consensual acts are not allowed.
  • Maintaining the dignity and personal rights of all is the cornerstone of our Joyland.AI community. We urge all users to strictly adhere to these guidelines to foster a safe and respectful atmosphere.
  • These guidelines are essential for preserving harmony and respect within Joyland.AI. Non-compliance may result in account suspension or even termination. We strongly encourage all users to report any content or behavior that is perceived as a violation of these guidelines.
  • Your cooperation plays a key role in making Joyland.AI a platform that is safe, attractive, and respectful to all. Thank you for your commitment to upholding the integrity of our community! Together, let's create a space where creativity can flourish while respecting the well-being and dignity of everyone in the Joyland.AI community.
    • Intellectual Property Rights

    User Content Uploaded to the Site: With respect to the content or other materials you upload to or create using the Services (collectively, "User Content"), you represent and warrant that you own all rights, titles and interests in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, or are otherwise permitted to use them for the applicable purposes, for example by license or legal exception or limitation. By creating or uploading any User Content you own or create using the Service, you retain all rights in it (to the extent you would otherwise hold such rights) and hereby grant and will grant Joyland.AI to the fullest extent permitted under the law a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content for any Joyland AI-related purpose in any form, medium or technology now known or later developed.

    Characters and Generations: For any automated AI character ('Character') that you create or upload using the Service, you own all rights in that Character (and to the extent you create derivative works, you own all rights you otherwise would own in them) and any text, images or video it generates ('Generations') that are elicited directly or indirectly by you, and grant to Joyland.AI and to any Joyland.AI user who elicits Generations from your Character to the fullest extent permitted under the law a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use the Character you created and any related Generations for any purpose in any form, medium or technology now known or later developed. For the avoidance of doubt, violations of Joyland.AI's Acceptable Use Policy unrelated to intellectual property issues do not affect the user's intellectual property rights in any Characters or their Generations.

    Copyright Sharing Statement: By creating and choosing to list a Character on the platform, the user agrees to share the copyright of their Character with the platform.

    Re-listing Rights: If the user chooses to hide or remove their Characters, the platform may re-list the Character through modification, adjustment, adaptation, or other forms without infringing on the user's legitimate rights and interests.

    Right to Be Informed: When re-listing a Character, the platform will make reasonable efforts to notify the user through platform notifications, email, or other reasonable means to ensure the user's right to be informed is satisfied. However, due to technical or legal restrictions, the platform may not guarantee the delivery of notifications. Users should regularly check platform notifications to receive updates on the status of their Characters.

    Platform Commercialization Rights: For characters that are popular with platform users, the platform reserves the right to commercialize them, which may include unlocking Character conversations through watching videos, advertisements, or other forms.

    Website or Services Content, Software, and Trademarks: You acknowledge and agree that the Website or Services may contain content or features ("Site Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. In connection with your use of the Website or Services, you will not engage in or use any data mining, robots, scraping, or similar automated data gathering or extraction methods. If you are blocked by Joyland.AI from accessing the Website or Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Website or Services, or the Site Content, other than as specifically authorized herein, is strictly prohibited. Any rights not expressly granted herein are reserved by Joyland.AI.

    Third-Party Material: Under no circumstances will Joyland.AI be liable in any way for any content or materials of any third parties, including Joyland bots created by third parties and any Generations resulting from such Joyland bots, including, but not limited to infringement of intellectual property rights, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Joyland.AI does not pre-screen content, but that Joyland.AI and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Website or Services. Without limiting the foregoing, Joyland.AI and its designees will have the right to remove any content that violates these Terms, our AUP, or is deemed by Joyland.AI, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or Services ("Submissions") provided by you to Joyland.AI are non-confidential and Joyland.AI will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment of or compensation to you.

    Without limiting the foregoing, you acknowledge and agree that Joyland.AI may preserve content and may also disclose content and/or metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Joyland.AI, its users and the public. You understand that the technical processing and transmission of the Website and Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    Copyright Complaints: Joyland.AI is committed to protecting intellectual property rights and expects our users to do the same. If you believe your copyrighted work or other intellectual property has been used on our platform without authorization, constituting an infringement of your rights, please submit your complaint to support@joyland.ai

    To be effective, email notifications must include the following information: a description of the copyrighted work or other intellectual property rights that you claim to have been infringed upon; A description of the location of the material you claim to be infringing on on the website, and provide sufficient details so that we can find it on the website; Your address, phone number, and email address; Your statement that you sincerely believe that the disputed use has not been authorized by the copyright or intellectual property owner, their agent, or law; Your statement, subject to the penalty of perjury, states that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

    Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: your physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, Joyland.AI will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

    Third Party Websites and Services

    The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet or to third-party applications. Joyland.AI has no control over such sites, resources, or applications and Joyland.AI is not responsible for and does not endorse such sites, resources, or applications. You further acknowledge and agree that Joyland.AI will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Joyland.AI is not liable for any loss or claim that you may have against any such third party.

    Limitation of Liability

    You expressly understand and agree that Joyland.AI will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Joyland.AI has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (I) the use or the inability to use the Services or any related information; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party (including users) on the Services; or (iv) any other matter relating to the Services. In no event will Joyland.AI's total liability to you for all damages, losses, or causes of action exceed one hundred dollars ($100).

    Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the site or with these terms of use, your sole and exclusive remedy is to discontinue the use of the Services.

    Dispute Resolution By Binding Arbitration

    This section affects your rights so please read it carefully.

    Agreement to Arbitrate

    This Dispute Resolution by Binding Arbitration section of the Terms is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Joyland.AI, whether arising out of or relating to these Terms (including any alleged breach thereof), the Website or Services, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Joyland.AI are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

    Prohibition of Class and Representative Actions and Non-Individualized Relief

    You and Joyland.AI agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both You and Joyland.AI agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s).

    Pre-Arbitration Dispute Resolution

    Joyland.AI is always interested in resolving disputes amicably and fairly, so if you have concerns, we strongly encourage you to first email us about them at support@joyland.ai. The email must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Joyland.AI and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Joyland.AI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offered by Joyland.AI or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Joyland.AI are entitled.

    Termination

    You agree that Joyland.AI, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Website or Services, for any reason, including, without limitation, for lack of use or if Joyland.AI believes that you have violated or acted inconsistently with the letter or spirit of these Terms or Joyland.AI's Acceptable Use Policy. Joyland.AI may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms or our AUP may be effected without prior notice, and acknowledge and agree that Joyland.AI may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Termination of your account or access to any component of the Services will not terminate Joyland.AI's rights to your User Content. Further, you agree that Joyland.AI will not be liable to you or any third party for any termination of your access to the Services.

    General

    Entire Agreement: These Terms constitute the entire agreement between you and Joyland.AI and govern your use of our Services, superseding any prior agreements between you and Joyland.AI with respect to the Services.

    Choice of Law, Jurisdiction, Venue: These terms are governed by the laws of the US without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Joyland.AI agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the state of Delaware.

    Severance: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

    No Waiver: Any failure of Joyland.AI to exercise or enforce any right or provision of these terms does not constitute a waiver of such right or provision.

    Expiration of Claims: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    Admissibility: A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    Assignment: You may not assign these Terms without the prior written consent of Joyland.AI, but Joyland.AI may assign or transfer these Terms of Use, in whole or in part, without restriction.

    Section Headings. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

    Notice. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Website.

    Changes to these Terms

    We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Site or changes made for legal reasons will be effective immediately. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms.

    Contact Us

    If you have any questions about our Services, or to report any violations of these Terms or our Acceptable Use Policies, please contact us at support@joyland.ai.

    If you want to delete your account, you can use the delete account function on the Setting page.