TERMS OF USE
TERMS OF USE
Last Updated: 18.9.2024
AGREEMENT TO OUR LEGAL TERMS
Welcome to Media Moonlight ("Company," "we," "us," "our"). These Terms of Use ("Terms") govern your access to and use of our website, mediamoonlight.com (the "Site"), and any other related products and services that refer or link to these Terms (collectively, the "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.
Contact Information:
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Email: mediamoonlight@outlook.com
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Mailing Address: Goldschrütifeld, Ruswil, LUZERN 6017, Switzerland
We reserve the right to modify these Terms at any time. Updated Terms will be posted on this page with the "Last Updated" date. It is your responsibility to review these Terms periodically. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.
The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Terms for your records.
TABLE OF CONTENTS
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Our Services
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Intellectual Property Rights
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User Representations
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User Registration
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Purchases and Payment
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Free Trial
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6.1 Refunds
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6.2 Image Generator
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API Use
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Specific Tools and Services
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8.1 Image Upscaling
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8.2 AI Image Generation
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8.3 Photo Colorization
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8.4 Background Remover
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8.5 Logo Creator
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Cancellation
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Prohibited Activities
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User Contributions
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Contribution License
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Third-Party Websites and Content
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Services Management
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Privacy Policy
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Copyright Infringements
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Term and Termination
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Modifications and Interruptions
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Governing Law
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Dispute Resolution
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Corrections
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Disclaimer
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Limitations of Liability
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Indemnification
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User Data
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Electronic Communications, Transactions, and Signatures
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California Users and Residents
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Miscellaneous
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Contact Us
1. OUR SERVICES
Media Moonlight provides a suite of online tools designed to enhance and create images, including:
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Image Upscaling: Enhance the resolution of your images using advanced AI technology.
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AI Image Generation: Generate custom images based on textual descriptions.
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Photo Colorization: Restore color to black-and-white photos using AI.
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Background Remover: Remove backgrounds from images for professional and creative purposes.
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Logo Creator: Design custom logos using our AI-powered logo generator.
These Services are subject to compliance with all applicable laws and regulations. The Services are not intended for users in jurisdictions where their use would be contrary to local laws or regulations, including but not limited to health, financial, or data protection laws.
2. INTELLECTUAL PROPERTY RIGHTS
Ownership of Content and Marks:
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Content: All content available through the Services, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), is owned by or licensed to Media Moonlight.
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Marks: All trademarks, service marks, logos, and trade names (collectively, the "Marks") are owned by Media Moonlight or their respective owners.
License to Use Services: Subject to your compliance with these Terms, Media Moonlight grants you a non-exclusive, non-transferable, revocable license to:
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Access the Services.
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Download or print a copy of any portion of the Content you have properly accessed.
Restrictions: You may not:
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Copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Content without prior written permission from Media Moonlight.
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Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services.
Any unauthorized use of the Content or Marks will result in immediate termination of your rights to use the Services and may result in legal action.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
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All registration information you submit is true, accurate, current, and complete.
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You will maintain the accuracy of such information and promptly update it as necessary.
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You have the legal capacity and agree to comply with these Terms.
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You are not a minor in the jurisdiction in which you reside.
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You will not access the Services through automated or non-human means, such as bots or scripts.
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You will not use the Services for any illegal or unauthorized purpose.
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Your use of the Services does not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.
4. USER REGISTRATION
To access certain features of the Services, you may be required to register for an account. When registering, you agree to:
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Provide accurate and complete information.
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Keep your password confidential.
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Notify us immediately of any unauthorized use of your account.
We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that it is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
Accepted Payment Methods:
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Visa
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Mastercard
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American Express
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PayPal
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Discover
Payment Terms:
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You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services.
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Sales tax will be added to the price of purchases as deemed required.
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Prices are subject to change without notice.
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All payments are processed in US dollars.
Recurring Charges:
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For subscription plans, you consent to be charged on a recurring basis until you cancel your subscription.
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You are responsible for any fees or charges incurred by your purchases.
Order Restrictions:
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We reserve the right to refuse any order placed through the Services.
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We may limit or cancel quantities purchased per person, per household, or per order.
6. FREE TRIAL
We offer a free trial to every new user who visits our Site. During the free trial period, you will receive 5 free tokens each month. These tokens reset on the first day of each month.
Post-Trial Charges:
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If you do not cancel your subscription before the end of the free trial, your account will be automatically charged according to your chosen subscription plan.
6.1 REFUNDS
Refund Policy Overview:
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All purchases of our online upscaling service plans are considered final and non-refundable.
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Refunds are only provided in cases where the Service fails to deliver results due to technical issues on our end.
Upscaling Performance:
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We strive to provide the best upscaling results possible; however, the quality of results may vary based on input material and the specific plan chosen.
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We do not guarantee specific outcomes or improvements in every case.
Exceptions:
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If our online tools fail to deliver results due to technical issues or if you encounter issues with your purchase, contact our customer support team at mediamoonlight@outlook.com within 14 days of your purchase.
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We may offer a resolution such as a credit toward future services or a plan adjustment at our discretion.
6.2 IMAGE GENERATOR
By using our AI Image Generator, you agree to the following terms:
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Service Description: The Image Generator provides users with the ability to generate images using artificial intelligence ("AI") based on descriptions provided by the user.
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User Conduct:
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You are solely responsible for the descriptions you provide.
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You agree not to use the Service to create any unlawful, offensive, or inappropriate images.
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Intellectual Property:
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All images generated by the Service are the property of Media Moonlight.
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You are granted a non-exclusive, transferable, revocable license to use the images for both personal and commercial purposes.
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Limitation of Liability:
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The Service is provided "as is." We make no warranties or guarantees regarding the accuracy or reliability of the images generated.
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Media Moonlight is not liable for any specific outcomes or results from using the Image Generator.
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7. API USE
Media Moonlight integrates with various third-party APIs to provide certain functionalities across its services, including image upscaling, background removal, logo creation, image generation, and photo colorization. By using the Services, you acknowledge and agree to the following:
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Third-Party APIs: Media Moonlight uses third-party APIs to offer key services such as image upscaling, background removal, logo creation, and more. The usage of these APIs is governed by the licenses provided by the respective API owners. These licenses grant permissions and impose specific limitations that apply to your use of the Services.
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API Performance and Availability: While we strive to offer uninterrupted access to the Services powered by these APIs, Media Moonlight is not responsible for any downtime, errors, or performance issues related to the third-party APIs.
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Data Handling and Privacy: Any data you submit for processing by these APIs is subject to the privacy policies and data handling practices of the respective third-party API providers. Media Moonlight does not control how these third parties manage your data.
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Licenses Governing API Use:
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Image Upscaling API: Provided under the BSD 3-Clause License by Xintao Wang.
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Background Remover API: Provided under the MIT License by Daniel Gatis.
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Logo Creator API: Governed by the CreativeML Open RAIL++-M License by Stability AI.
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AI Image Generator API: Governed by the Apache License 2.0.
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Photo Colorization API: Provided under the MIT License by Comar.
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Compliance with Licenses: By using any Media Moonlight Services powered by these APIs, you agree to comply with the respective terms and conditions of the API licenses, including restrictions on redistribution, modification, and usage. You are responsible for ensuring that your use of these APIs complies with all applicable laws and regulations, as well as the specific license terms outlined by each API provider.
Media Moonlight retains the right to update or change the APIs used to provide its Services at any time, with or without notice, and without liability for any disruptions that may occur.
8. SPECIFIC TOOLS AND SERVICES
Media Moonlight offers a variety of tools designed to enhance and create images. Each tool has specific terms and conditions that you agree to by using them.
8.1 IMAGE UPSCALING
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Description:
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Our Image Upscaling tool uses AI technology to enhance the resolution of your images, providing clearer and more detailed visuals.
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User Conduct:
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You are responsible for the images you choose to upscale.
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The tool is intended for lawful use only and should not be used to enhance images that infringe on intellectual property or privacy rights.
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Intellectual Property:
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Enhanced images remain the property of Media Moonlight.
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You are granted a non-exclusive, transferable license to use the upscaled images for personal and commercial purposes.
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Limitation of Liability:
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We strive for high-quality results, but cannot guarantee specific outcomes.
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Media Moonlight is not liable for any loss or damage resulting from the use of the Image Upscaling tool.
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8.2 AI IMAGE GENERATION
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Description:
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Our AI Image Generator allows users to create custom images based on textual descriptions, leveraging advanced AI to bring your ideas to life.
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User Conduct:
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Users must provide accurate and lawful descriptions.
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The tool must not be used to generate offensive, defamatory, or illegal images.
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Intellectual Property:
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All AI-generated images are owned by Media Moonlight.
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Users receive a non-exclusive, transferable license to use these images for both personal and commercial purposes.
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Limitation of Liability:
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No guarantees are made regarding the accuracy or suitability of the generated images.
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Media Moonlight is not liable for any specific results or uses of the AI-generated images.
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8.3 PHOTO COLORIZATION
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Description:
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Our Photo Colorization tool restores color to black-and-white photos using AI, enhancing old photographs for modern use.
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User Conduct:
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Users must ensure that the photos they colorize do not infringe on third-party rights.
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The tool is intended for lawful and respectful use only.
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Intellectual Property:
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Colorized photos are owned by Media Moonlight.
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Users are granted a non-exclusive, transferable license to use the colorized photos for personal and commercial purposes.
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Limitation of Liability:
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We strive for accurate colorization but do not guarantee perfection.
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Media Moonlight is not responsible for any dissatisfaction with the colorization results.
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8.4 BACKGROUND REMOVER
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Description:
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Our Background Remover tool utilizes AI to eliminate backgrounds from images, allowing users to create transparent backgrounds for professional and creative uses.
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User Conduct:
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You must have the rights to the images you process.
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The tool should not be used to remove backgrounds from images in a manner that violates privacy or intellectual property rights.
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Intellectual Property:
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Processed images are owned by Media Moonlight.
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Users receive a non-exclusive, transferable license to use the images with removed backgrounds for personal and commercial purposes.
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Limitation of Liability:
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While we aim for precise background removal, results may vary based on image quality.
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Media Moonlight is not liable for any errors or inaccuracies in the background removal process.
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8.5 LOGO CREATOR
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Description:
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Our Logo Creator is an AI-powered tool that allows users to design custom logos based on their input and preferences.
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User Conduct:
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Users must ensure that the logos they create do not infringe on existing trademarks or copyrights.
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The tool is intended for creating original and lawful logos only.
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Intellectual Property:
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Logos created using the Logo Creator are owned by Media Moonlight.
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Users are granted a non-exclusive, transferable license to use the logos for personal and commercial purposes, including branding and marketing.
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Limitation of Liability:
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We strive to provide high-quality logo designs but do not guarantee uniqueness or legal compliance.
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Media Moonlight is not liable for any legal issues arising from the use of generated logos.
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9. CANCELLATION
You can cancel your subscription at any time through your account settings on the Site. Your cancellation will take effect at the end of the current paid term. To cancel your subscription:
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Log into your account.
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Navigate to the subscription settings.
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Follow the prompts to cancel.
If you are unsatisfied with our Services, please contact us at mediamoonlight@outlook.com for assistance.
10. PROHIBITED ACTIVITIES
You may not use the Services for any purpose other than that for which we make the Services available. Prohibited activities include:
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Unauthorized Access:
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Systematically retrieve data or content to create a collection, compilation, database, or directory without permission.
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Circumvent or interfere with security-related features of the Services.
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Misrepresentation:
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Trick, defraud, or mislead us or other users.
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Impersonate another person or entity.
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Harassment and Harm:
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Use information from the Services to harass, abuse, or harm others.
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Engage in activities that promote violence, discrimination, or hatred.
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Disruption:
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Upload or transmit malicious software or excessive spam.
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Engage in any automated use of the system, such as using bots or scrapers.
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Intellectual Property Infringement:
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Delete copyright or proprietary notices from any Content.
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Use the Services in a manner that violates any third-party intellectual property rights.
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Other Prohibited Uses:
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Use the Services in connection with any commercial endeavors not approved by us.
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Make unauthorized use of support services or submit false reports of abuse or misconduct.
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Violations of these prohibited activities may result in suspension or termination of your account and legal action.
11. USER CONTRIBUTIONS
The Services may invite you to participate in various forums, message boards, or other interactive areas where you can post, share, or upload content ("User Contributions"). By submitting User Contributions:
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Ownership: You retain ownership of your contributions but grant Media Moonlight a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such contributions.
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Rights to Use: You represent that you have all rights, power, and authority necessary to grant the above license without infringing on the rights of any third party.
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Responsibility: You are solely responsible for your User Contributions and the consequences of posting or publishing them.
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Compliance: Your contributions must comply with these Terms and all applicable laws and regulations.
Media Moonlight reserves the right to remove or edit any User Contributions at its discretion, without notice, if deemed inappropriate or in violation of these Terms.
12. CONTRIBUTION LICENSE
By posting User Contributions to any part of the Services, you automatically grant Media Moonlight a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, copy, reproduce, distribute, prepare derivative works of, display, and perform the User Contributions in connection with the Services and Media Moonlight's business.
This license includes the rights to use your name, company name, and any trademarks or logos you provide. You waive all moral rights in your User Contributions.
13. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites and content ("Third-Party Websites" and "Third-Party Content"). These links are provided for your convenience and do not signify our endorsement of such websites or content. We are not responsible for the availability, accuracy, or content of Third-Party Websites or Third-Party Content.
User Responsibility:
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Review the terms and privacy policies of any Third-Party Websites you visit.
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Use Third-Party Websites at your own risk.
No Liability:
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Media Moonlight is not liable for any damages or losses resulting from your use of Third-Party Websites or Third-Party Content.
14. SERVICES MANAGEMENT
We reserve the right to manage, restrict, modify, or discontinue the Services at any time, without notice, for any reason, including but not limited to technical, operational, or legal reasons.
Actions We May Take:
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Monitor the Services for violations of these Terms.
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Remove or disable any Content deemed inappropriate.
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Limit or block access to the Services for any user violating these Terms.
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Adjust the Services to improve functionality or comply with legal obligations.
15. PRIVACY POLICY
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal data. By using the Services, you agree to the terms outlined in our Privacy Policy.
Data Hosting:
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The Services are hosted in Switzerland. By using the Services from other regions, you acknowledge that your data may be transferred to and processed in Switzerland, subject to Swiss data protection laws.
16. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any content on the Services infringes your copyright, please submit a notice in accordance with the Digital Millennium Copyright Act (DMCA) by providing:
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A physical or electronic signature of the copyright owner or authorized representative.
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Identification of the copyrighted work claimed to have been infringed.
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Identification of the material that is claimed to be infringing and information reasonably sufficient to locate it.
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Your contact information.
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A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner.
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A statement, under penalty of perjury, that the information in the notification is accurate.
Send the notice to: mediamoonlight@outlook.com
17. TERM AND TERMINATION
These Terms remain in effect while you use the Services. We reserve the right to terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including breaches of these Terms.
Upon termination, your right to use the Services will immediately cease. You must promptly delete all copies of any Content obtained from the Services.
18. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify, suspend, or discontinue the Services, temporarily or permanently, at any time without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Services.
Service Availability:
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We strive to ensure the Services are available 24/7, but cannot guarantee uninterrupted access.
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Maintenance, upgrades, or technical issues may cause temporary unavailability.
User Responsibility:
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You are responsible for backing up any data you wish to retain.
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Media Moonlight is not liable for any loss or damage resulting from modifications or interruptions to the Services.
19. GOVERNING LAW
These Terms are governed by and construed in accordance with the laws of Switzerland, excluding its conflict of law principles. If your habitual residence is in the European Union and you are a consumer, you also possess the protection provided by mandatory provisions of the law in your country of residence.
Both you and Media Moonlight agree to submit to the non-exclusive jurisdiction of the courts of Luzern, Switzerland, for any disputes arising out of or relating to these Terms or the Services.
20. DISPUTE RESOLUTION
Informal Negotiations: To expedite resolution and reduce costs, both parties agree to attempt to resolve any dispute informally by contacting each other directly.
Binding Arbitration: Any dispute not resolved through informal negotiations will be resolved through binding arbitration administered by the European Court of Arbitration. The arbitration will be conducted in Luzern, Switzerland, in German. The arbitration shall be conducted according to the Arbitration Rules of the European Court of Arbitration.
Restrictions:
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Arbitration is limited to disputes between the individual user and Media Moonlight.
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No arbitration class actions or representative actions are permitted.
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Some disputes are exempt from arbitration, including those related to intellectual property rights and claims seeking injunctive relief.
Enforceability: If any part of this arbitration agreement is found to be unenforceable, the remainder will still apply, and the affected dispute will be resolved by a court of competent jurisdiction.
21. CORRECTIONS
We reserve the right to correct any errors, inaccuracies, or omissions in the Services at any time without prior notice.
22. DISCLAIMER
Services Provided "As-Is": The Services are provided on an "AS IS" and "AS AVAILABLE" basis. You agree that your use of the Services is at your sole risk.
No Warranties: To the fullest extent permitted by law, Media Moonlight disclaims all warranties, express or implied, including but not limited to:
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Merchantability
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Fitness for a particular purpose
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Non-infringement
Content Accuracy: We do not warrant the accuracy or completeness of any Content available through the Services.
Third-Party Products and Services: We are not responsible for any products or services advertised or offered by third parties through the Services.
23. LIMITATIONS OF LIABILITY
To the fullest extent permitted by law, Media Moonlight and its directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
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Your access to or use of the Services.
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Any conduct or content of any third party on the Services.
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Any content obtained from the Services.
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Unauthorized access to or alteration of your transmissions or content.
Our total liability to you for all claims arising out of or relating to these Terms or your use of the Services will not exceed the amount you paid us in the six (6) months prior to the claim.
24. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Media Moonlight, its subsidiaries, affiliates, officers, agents, and employees from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
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Your access to or use of the Services.
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Your violation of these Terms.
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Your violation of any third-party rights, including intellectual property rights.
Media Moonlight reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you.
25. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
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.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
By using the Services, you agree to receive electronic communications from us. These communications satisfy any legal requirement that such communications be in writing. You also agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions.
27. CALIFORNIA USERS AND RESIDENTS
If you are a resident of California and have a complaint that is not satisfactorily resolved, you can contact the California Department of Consumer Affairs at:
Division of Consumer Services
1625 North Market Blvd., Suite N 112
Sacramento, California 95834
Phone: (800) 952-5210 or (916) 445-1254
28. MISCELLANEOUS
These Terms constitute the entire agreement between you and Media Moonlight regarding the use of the Services. Failure to enforce any right or provision of these Terms will not constitute a waiver of those rights.
Assignment: Media Moonlight may assign its rights and obligations under these Terms without notice. You may not assign or transfer your rights under these Terms without our prior written consent.
Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
No Joint Venture, Partnership, Employment, or Agency: These Terms do not create any partnership, joint venture, employment, or agency relationship between you and Media Moonlight.
Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
Headings: Headings used in these Terms are for reference purposes only and do not affect the interpretation of these Terms.
29. USED APIs
Media Moonlight utilizes third-party APIs to deliver certain functionalities within our Services. By using our Services, you acknowledge and agree to the terms and conditions of the respective licenses associated with each API, as detailed below:
Image Upscaling API
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Provider: Xintao Wang
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License: BSD 3-Clause License
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Copyright: © 2021, Xintao Wang
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Description: This API allows users to enhance the resolution of their images using advanced AI technology.
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License Terms: Redistribution and use in source and binary forms, with or without modification, are permitted under the conditions of the BSD 3-Clause License.
Background Remover API
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Provider: Daniel Gatis
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License: MIT License
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Copyright: © 2020, Daniel Gatis
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Description: The Background Remover API allows users to remove backgrounds from images.
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License Terms: Permission is granted to use, copy, modify, and distribute the software under the MIT License, with the inclusion of the original copyright notice and this permission notice in all copies.
Logo Creator API
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Provider: Stability AI
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License: CreativeML Open RAIL++-M License (dated July 26, 2023)
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Copyright: © 2023, Stability AI
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Description: This API provides users with the ability to generate logos using AI technology.
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License Terms: The model and its derivatives are subject to specific use-based restrictions, including prohibitions on certain unethical or harmful uses. Redistribution and modifications are permitted, provided that the license's use-based restrictions are upheld.
AI Image Generator API
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Provider: Black Forest Labs
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License: Apache License 2.0
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Description: This API enables users to generate images using AI based on textual descriptions.
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License Terms: The Apache License permits use, reproduction, and distribution of the software with or without modification, provided that the original copyright, patent, and attribution notices are retained.
Photo Colorization API
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Provider: Comar
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License: MIT License
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Copyright: © 2022, Comar
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Description: The Photo Colorization API allows users to restore color to black-and-white images using AI.
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License Terms: Permission is granted to use, copy, modify, and distribute the software under the MIT License, provided the original copyright notice and permission notice are included in all copies.
Third-Party Responsibilities: Media Moonlight does not control or guarantee the performance, security, or privacy practices of third-party APIs. Any data processed through these APIs is subject to the respective privacy policies of the API providers.
30. CONTACT US
If you have any questions, concerns, or complaints about these Terms or the Services, please contact us at:
Media Moonlight
Goldschrütifeld
Ruswil, LUZERN 6017
Switzerland
Email: mediamoonlight@outlook.com