Terms & Conditions CF Spark

Terms and Conditions CF Spark

When you (“User”) use CF Spark to create AI generated assets (“Assets”), you automatically agree to these Terms and Conditions. You fully acknowledge the fact that as a user of CF Spark you are bound by these Terms.

If you do not agree with these terms and conditions, do not continue to use CF Spark.

1. General terms
You may not use the Assets created using CF Spark for any illegal or unauthorized purpose nor may you, in the use of CF Spark, violate any laws in your jurisdiction (including but not limited to copyright laws).

On all downloads made of your own creations, the CF Spark license applies: https://www.creativefabrica.com/spark-license/

A breach or violation of any of the Terms may result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of CF Spark, or access to CF Spark or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2. Ownership
The ownership of all finalized Assets created by using CF Spark belongs to the User. This automatically means you can use the items as you see fit.

Access to download the finalized Assets is limited to regular methods of license purchases on creativefabrica.com, this includes but does not have to be limited to All Access Subscribers or Coins.

3. License to Creative Fabrica its end users
The User grants Creative Fabrica and its successors a worldwide, perpetual, non-exclusive, royalty-free, irrevocable license to use, sub-license, publish, distribute and sell all Assets created using the AI-tool for any purpose. Creative Fabrica withholds the right to license and sell the Assets to other users, who can download, buy and purchase a license for the Assets generated using CF Spark.

The user accepts that all Assets created using CF Spark can be displayed on the Personal Feed and Community Feed of other users.

4. Warranties
We do not warrant that the quality of any Assets created by you using CF Spark will meet your expectations, or that any errors in the Service will be corrected.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

You acknowledge and agree that we provide access to CF Spark ”as is” and “as available” without any warranties, representations or conditions of any kind, including without limitation any warranties of title, non-infringement and fitness for a particular purpose.

5. Liability
In no case shall Creative Fabrica, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Creative Fabrica will not be liable for any infringement of intellectual property rights resulting from the use of CF Spark and will not be a party to any dispute relating to the infringement of intellectual property rights of others. The User will be responsible for any dispute arising with intellectual property rights holders.

Creative Fabrica respects the intellectual property rights of others and will process complaints from rights holders relating to potentially infringing Assets. Creative Fabrica will remove any content containing infringing material upon receipt of a complaint.

6. Severability
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

7. Community Guidelines
To keep CF Spark a place for everyone, the following Community Guidelines apply. We hope you understand that violations of our Community Guidelines may result in content removal, disabled accounts, or other restrictions imposed on the User.

  • Don’t publish creations that may contain nudity or sexually explicit content. We understand that some people might want to showcase sexual content in a creative or artistic manner. But, sexualized content tends to bring some risks, namely offending individuals in certain cultures, or making certain individuals feel uncomfortable. So, for this and other reasons, we don’t allow any nudity, mature, sexually explicit or gratifying content on the platform.
  • The rule is simple – don’t break the law. CF Spark is not a place to engage in any illegal activities, and we have a zero-tolerance policy when it comes to breaking the law. It is not allowed to promote terrorism, organized hate groups, illegal weapons, illegal drugs, counterfeit goods or sexual services. Also, we want to provide a safe place for everyone in the community. Therefore, it is prohibited to enter prompts that glorify self harm, including suicide, self-injury, or eating disorders.
  • To ensure that CF Spark remains an appropriate platform for everyone, please do not post any content that showcases or glorifies violence, or content that is sadistic or excessively gruesome.
  • CF Spark does not allow the User to create images that may infringe on the intellectual property right of other parties. As such, please do not enter any prompts that will likely result in the creation of such content, and avoid using trademarked and copyrighted content at all times.

8. Applicable law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Netherlands.

9. Indemnification
You hereby agree that you will indemnify and hold us harmless in full in any occasion where there are claims, claimed losses or expenses linked to the Asset created by you.

10. Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

11. Changes to Terms and Conditions
You can review the most current version of the Terms and Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

12. Contact information
Questions about the Terms and Conditions should be sent to us at [email protected].