Project Electric Sheep - Terms of Service
Effective Date: 09/06/23
Welcome to Project Electric Sheep, brought to you by Charisma Entertainment Limited.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY INSTALLING, USING OR ACCESSING Project Electric Sheep, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU ARE NOT PERMITTED TO INSTALL, USE OR ACCESS PROJECT ELECTRIC SHEEP.
These Terms of Service govern your use of:
- (a) our AI dream simulator game Project Electric Sheep, downloadable as a game (“Service”);
If you download Project Electric Sheep from a third party store, you may also be subject to the terms and policies of that store which may include additional terms relating to your use of our Service. If there is any conflict between that store’s terms and policies and these Terms, these Terms win.
1. You must be at least 13 years old
By accessing Project Electric Sheep, you confirm to us that:
- (a) you are aged 13 or older,
- (b) you understand and agree to these Terms, and
- (c) if you are between the ages of 13 and 18, your legal guardian has reviewed and agrees to these Terms.
2. Sometimes things change
Sometimes we need to make changes to these Terms and to the Service. If we make any changes, we will post a clear notice on the Service. We may also (but do not have to) inform you by email and/or ask you to confirm your acceptance. You should therefore check updates on the Service regularly as, each time you access it, you are agreeing to the current Terms.
We can change these Terms but you cannot. If at any time you do not wish to accept our Terms, you must delete your account and cease accessing and using the Service.
We can also change how the Service operates. We will not make any fundamental changes without giving you enough notice to decide if you want to keep using the Service. Provided we give you notice, you are not entitled to a refund of any fees you have paid on your account.
3. Registering your account
In order to access the Service you will need to register an account with us. When you register, you will need to provide certain personal information which we will process in line with our Privacy Notice.
You confirm that all information you provide to us is true and up-to-date and that you will keep it up-to-date.
You are responsible for maintaining the confidentiality of your account and for any activities conducted through it. So, make sure your keep your access details and passwords safe and let us know immediately if you suspect someone else has access to your account.
As part of your use of the Service you may provide input via text or speech (“Input”). This input enables the Service to generate associated assets, text and voices (“Output”). Input and Output are collectively “Content". Any content generated by the Service is owned by Charisma Entertainment Ltd and may be made available to other users of the Service, provided it complies with our Values and Content Guidelines.
Charisma Entertainment Limited are permitted to moderate any content generated by the Service.
Content Accuracy: all assets, text and voices in the Service are generated by AI without direct human oversight. Due to its generative nature, it is not possible to provide guarantees regarding the accuracy, suitability or usefulness of any output content, or that it complies with our own Values and Content Guidelines. We will continue to work on improving this.
5. Our licence to you
We grant you a limited, non-exclusive, non-transferable, non-sub-licensable revocable licence to use and access the following:
- (a) use and access the portions of the Service that are accessible without charge, and
- (b) use and access such other portions of the Service as are accessible on a payment basis, provided that you have paid the applicable fees and satisfied all applicable conditions, and
- (c) stream your personal experience of interacting with the Service on your social media channels such as with YouTube or Twitch Stream.
This limited licence is subject at all times to these Terms. You agree not to (and not to attempt to): (i) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms; or (ii) use the Service for any purpose other than as expressly permitted by these Terms.
6. Your responsibility for your input
The Service enables you to input suggestions for a dream simulation which the Service will then interpret to generate associated assets, text and voices. Your output dream simulation may also be available for other users to experience.
You are responsible for ensuring that your input content complies with our Values and Content Guidelines.
Notwithstanding any of the above, we have the right to remove any content from the Service at any time and for any reason.
If you believe any content in any dream simulation breaches these Terms, you should tell us immediately by emailing email@example.com.
8. Things you must not do
Your right to access and use the Service is subject to the following restrictions. You must not:
- create an account or access the Service if you are under the age of 13;
- use the Service to harm minors in any way;
- permit any other person to access or use your account;
- use your account to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (e.g., spam) to anyone;
- use your account to engage in any illegal or unlawful conduct or activities;
- rent, lease, sell, trade or otherwise transfer your account to anyone without our prior written permission;
- reveal any personal information about another individual nor impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with another person or entity;
- create an account by automated means or false pretences or use any other person’s account for any purpose, including to circumvent a suspension or ban
We are entitled in our sole discretion to determine whether or not you have breached any of these Terms and to suspend or terminate your account as a result without compensation to you.
As part of your experience of the Service you may be able to purchase Credits, which can be exchanged for Dreams and conversational exchanges with NPCs. Credits do not have any “real world” monetary value and you cannot buy, sell or trade these with other users.
If you purchase Credits you agree to the pricing, payment and billing policies applicable to them, as notified to you at the time of purchase. You are responsible for any applicable fees and taxes. All payments are non-refundable and non-transferable except as expressly provided for in these Terms.
Credits are digital items only with no cash-value or real-world existence and they generally cannot be ‘bought’, ‘sold’, gifted, transferred, traded or redeemed in any way. In legal terms, you receive a limited, non-exclusive, non-transferable, non-assignable, non-sub-licensable, revocable licence to use Credits solely for your personal entertainment and non-commercial use of the Service, but Charisma Entertainment remains the legal owner of the Credits at all times.
Credits do not generally expire. Charisma Entertainment is entitled to revoke from users (without notice or compensation) any Credits that have been obtained by way of, for example, a hack, breach, a bug or exploitation of the Services. Charisma Entertainment can manage, regulate, control, discontinue, vary, modify and/or remove Credits at our discretion if we consider (acting reasonably) that this is necessary for the ongoing operation or protection of the Services or for other legitimate business, legal or technical reasons. We will try to give you reasonable advance notice of any such changes where appropriate and discuss any appropriate next steps with you.
No refunds or returns will be accepted except where you have a legal entitlement to this, if applicable. If you are resident in the United Kingdom or European Union, by law you have the right to a refund for any unused Credits purchased within 14 days of your purchase date.
10. Terminating your account
You may terminate your account at any time and for any reason by emailing us at firstname.lastname@example.org. If you terminate while you have any form of unused Credits on your account, you will not be entitled to a refund.
We may terminate your account at any time and for any reason. If we terminate while you have unused Credits on your account, we will refund you a proportionate amount of the fee unless we are terminating due to your breach of these Terms. If we terminate for your breach, you will not be entitled to a refund.
If we are entitled to terminate your account, we may at our option suspend your account for up to 60 days without compensation to you. After a period of suspension, we are entitled at our option to terminate or reinstate your account. During a suspension, you will not have access to your account or the Service except where you decide yourself to terminate your account during any period of suspension.
11. Disclaimers of Warranties and Damages, Limitations of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NEITHER CHARISMA ENTERTAINMENT LIMITED NOR OUR AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR DIRECTORS, EMPLOYEES, AGENTS, LAWYERS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "CHARISMA ENTERTAINMENT PARTIES") WARRANT THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR ANY DESCRIPTION WE PROVIDED OR (B) ANY PARTICULAR CONTENT WILL BE VIEWABLE BY YOU OR ANY OTHER PERSON OR (C) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR (D) ERRORS WILL BE CORRECTED.
UNDER THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CHARISMA ENTERTAINMENT PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CHARISMA ENTERTAINMENT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL THE CHARISMA ENTERTAINMENT PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID (IF ANYTHING) FOR THE SERVICE IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANY AMOUNT IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CHARISMA ENTERTAINMENT IS TO STOP USING THE SERVICE AND TO TERMINATE YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. If any of the above warranties or limitations of liability are not enforceable in respect to you: (A) we warrant that the Service will be provided with reasonable skill and care but we do not warrant that it will be uninterrupted or error free or that any errors will be corrected; (B) our total liability to you under all heads of claim shall not exceed GB£100.
You agree to indemnify and keep indemnified Charisma Entertainment Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal fees and court costs) arising out of or in respect to: (1) content and/or information in your account and any information you input through use of the Service; (2) your use of the Service; (3) your breach of these Terms; and (4) your breach of any rights of any other person or entity. These indemnities apply whether the relevant acts or omissions are your own or those of someone accessing the Service through your account.
13. Governing Law and Remedies
These Terms are governed by the laws of England and Wales. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the courts of England and Wales, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
14. Links to Third Party Websites
The Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. We may remove any links at any time for any reason or for no reason.
15. General Legal Provisions
- (a) Entire Agreement. These Terms, including our Privacy Notice and Values and Content Guidelines, constitute the entire agreement between you and Charisma Entertainment Limited with respect to your use of the Service and supersede all prior understandings and agreements with respect to the Service.
- (b) No Waiver. We may not always exercise or enforce our rights or provisions of these Terms but that does not constitute a waiver, and we remain entitled to exercise or enforce those rights or provisions at any time.
- (c) Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms shall remain in full force and effect.
- (d) Assignment. These Terms may not be assigned by you without our prior written consent, but are freely assignable by us.
- (e) Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of energy.
You can contact us at any time by emailing us at email@example.com.