Terms of Service

Last Updated: October 1, 2025

1. Acceptance of Terms

By creating an account or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, please do not use our services.

2. Description of Service

Photo Collection is a platform that provides:

• Photo album viewing and management services
• AI-powered image and video generation tools
• Content sharing and social features
• Membership and premium features

3. User Responsibilities and Acceptable Use

3.1 Copyright and Intellectual Property

You agree to:

• Only upload content you own or have permission to use
• Respect all copyright, trademark, and intellectual property rights
• Not upload content that infringes on third-party rights
• Understand that unauthorized use of copyrighted material may result in legal action

3.2 Portrait Rights and Privacy

Regarding images of people:

• You must have explicit consent from any recognizable person in your uploads
• Do not upload images that violate anyone's right of publicity or privacy
• We strongly encourage using AI-generated virtual avatars and synthetic characters instead of real people's photographs
• Be aware that unauthorized use of someone's likeness may violate their portrait rights under various jurisdictions
• Obtain written model releases when applicable

3.3 Prohibited Content

You may NOT upload, generate, or share:

• NSFW (Not Safe For Work) content including:
  • Explicit sexual content or pornography
  • Nudity or sexually suggestive material
  • Adult content of any kind
• Illegal content including:
  • Child sexual abuse material (CSAM)
  • Content depicting illegal activities
  • Terrorism or violent extremism content
• Harmful content including:
  • Hate speech, harassment, or bullying
  • Violence or gore
  • Content promoting self-harm or suicide
• Deceptive content including:
  • Deepfakes without clear disclosure
  • Misleading or fraudulent material
  • Impersonation of real individuals without consent
• Spam or malicious content

3.4 AI Generation Guidelines

When using our AI generation features:

• Use prompts responsibly and ethically
• Do not attempt to generate prohibited content
• Understand that AI-generated content must still comply with these Terms
• Use AI to create original, synthetic characters rather than replicating real people
• Label AI-generated content appropriately when sharing externally

4. Content Moderation and Enforcement

We reserve the right to:

• Review, monitor, and remove any content at our discretion
• Suspend or terminate accounts that violate these Terms
• Report illegal content to law enforcement authorities
• Use automated tools and AI to detect prohibited content
• Cooperate with legal processes and investigations

5. User Accounts

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Ensuring your account information is accurate and current

6. Membership and Credits

6.1 Membership Plans

• Membership fees are non-refundable except as required by law
• We may change pricing with 30 days' notice to active members
• Membership benefits are subject to change

6.2 AI Generation Credits

• Credits are non-transferable and have no cash value
• Credits do not expire while your account is active
• We reserve the right to adjust credit costs for different features
• Unused credits may be forfeited upon account termination

7. Intellectual Property Rights

7.1 Your Content

You retain ownership of content you upload. However, by uploading content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, display, and process your content to provide our services
• Create derivative works (e.g., thumbnails, optimized versions)
• Use for AI training and service improvement (only with your permission)

7.2 AI-Generated Content

For content generated using our AI tools:

• You own the AI-generated output created with your account
• We retain rights to the underlying AI models and technology
• Generated content must comply with all Terms of Service
• We may use aggregated, anonymized data to improve AI models

7.3 Platform Content

Our platform, including design, code, features, and branding, is protected by copyright, trademark, and other intellectual property laws.

8. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your data in compliance with GDPR and other regulations.

9. Third-Party Services

Our service integrates with third-party providers:

• Payment Processing: Stripe
• Authentication: Google OAuth
• CDN Services: BunnyCDN
• AI Services: WaveSpeedAI

Your use of these services is subject to their respective terms and policies.

10. Disclaimers and Limitations of Liability

To the maximum extent permitted by law:

• We do not guarantee uninterrupted or error-free service
• We are not liable for user-generated content
• We are not responsible for third-party services or links
• Our liability is limited to the amount you paid us in the past 12 months
• We are not liable for indirect, incidental, or consequential damages

11. Indemnification

You agree to indemnify and hold harmless Photo Collection, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any rights of another party
• Your use of the service
• Content you upload or generate

12. DMCA and Copyright Claims

We respect intellectual property rights. If you believe your copyright has been infringed, please contact us with:

• Identification of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• Your signature (physical or electronic)

Copyright Agent: muckleoken@gmail.com

13. Termination

We may terminate or suspend your account:

• For violations of these Terms
• For suspected illegal activity
• At our discretion with reasonable notice

You may terminate your account at any time through your account settings.

14. Changes to Terms

We may modify these Terms at any time. Changes will be effective:

• Immediately upon posting for non-material changes
• 30 days after notice for material changes

Continued use after changes constitutes acceptance.

15. Governing Law and Dispute Resolution

For Users in the United States:

• These Terms are governed by the laws of [Your State], USA
• Disputes shall be resolved through binding arbitration
• You waive the right to participate in class actions

For Users in the European Union:

• EU consumer protection laws apply
• You have the right to withdraw within 14 days (where applicable)
• Disputes may be resolved through your local courts or EU ODR platform

16. Contact Information

For questions about these Terms, please contact us:

• Email: muckleoken@gmail.com
• Address: London, UK

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