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Terms and Conditions

Last Updated: December 17, 2024

1. INTRODUCTION

By accessing and using the website www.r34.art (“r34art”) (collectively referred to as the “Site”) to utilize our services (“Services”), you agree to comply with and be bound by this “Agreement” (the “Terms and Conditions”). These Terms and Conditions form a legally binding agreement between you (“You”) and the operator of the Site (“Company”, “r34art”, “Us”, “Our”, “We”).

Please review the following terms carefully:

This Agreement is applicable to all Users, regardless of membership status. You become a “User” by accessing the Site or Services in any manner. By registering for an account, you become a “Member”. Unregistered Users can browse certain sections of the Site but cannot generate generated Content. Only Members can purchase “Subscription” plans or “Gems” to create generated Content.

If you are seeking information about illegal activities, please exit the Site immediately and refrain from using the Services. You acknowledge awareness of the community standards in your area and agree to access the Site and Services only if you believe the content does not violate those standards.

Any breach of the terms below will result in the termination of your Member account.

2. NO ACCESS BY MINORS

To access this Site, you must be of legal age in your jurisdiction. You confirm that you are at least eighteen (18) years old or the age of majority in your area, and that you have the legal capacity to enter into these Terms and Conditions. If you are not of legal age, please leave the Site immediately. Misrepresentation of your age will not hold us liable.

3. PROHIBITED CONTENT

NO CHILD PORNOGRAPHY - NO ACCESS TO OR EXPLOITATION OF MINORS OR CHILDREN ALLOWED

Our Services strictly forbid any access to or exploitation of minors or children through the Site. Our policy is specifically crafted to protect minors and prevent any Users or Members from engaging in, assisting with, or facilitating the exploitation of minors, whether actual, simulated, or potential. Accordingly, all Users and Members are strictly prohibited from generating, requesting, distributing, accessing, soliciting, sharing, discussing, or publishing any content related to child pornography or the exploitation of minors, including simulated or “roleplaying” activities. This includes any form of child pornography, deepfakes intended for distribution, or violent/gory content involving minors. Violating this policy will lead to a permanent ban, account flagging, and notification of law enforcement as part of our compliance procedures.

To reinforce our zero-tolerance stance, you acknowledge that we reserve the right to report suspected violations to relevant law enforcement agencies. Additionally, you agree to report any visual depictions that seem to involve minors on our Site. If you encounter any questionable images or characters, please report them by contacting us at contactr34art@gmail.com.

Our complete list of prohibited content include all illegal activities based on your local laws. No child depictions, no realistic photos, only artistic visuals.

3.1 CONTENT MODERATION POLICY

We employ various tools and methods to moderate content on the Site. This includes handling takedown requests from Users. If you encounter content that you believe should be removed, please click the “report” button and provide a reason for your request. Our goal is to address all reported content issues within 30 calendar days. For expedited processing, you may contact us at contactr34art@gmail.com. We strive to consider all submitted evidence during our content moderation but reserve the right to approve or deny expedited requests. If we identify illegal content or content violating our Terms of Service, it will be removed immediately.

4. SERVICES ON OUR PLATFORM

This Site offers an artificial intelligence tool that Members can use to create and generate images featuring adult content and virtual fictional characters (the “generated Content”). By using this Site, you understand that the generated Content comprises characters created by artificial intelligence and are not real individuals. All characters in the generated Content are depicted as being over 18 years old. The Company considers its Content and generated Content as non-obscene erotic expression. You acknowledge that all Content and generated Content provided through the Site or Services are expressive artistic works fully protected by the First Amendment of the United States Constitution and other similar legal principles.

Since all explicit images are generated Content and do not involve real-life models, our platform is exempt from 18 U.S.C 2257 Record-Keeping Requirements.

You understand that some or all content on the Site and transmitted via our Services may be unsuitable for minors. You acknowledge that you are aware of the nature of such content and access the Site and Services voluntarily for personal enjoyment.

5. MEMBERSHIP

By registering as a Member of r34art, you agree to provide accurate, complete, and current registration information. Providing false or outdated information may result in loss of access to the Site and potential legal consequences. You agree to supply a valid email address for verification and quality assurance purposes, allowing us to send you verification and other related emails. As a registered Member, you consent to receive commercial emails about Site services and products. You are solely responsible for all activities conducted through your account, including those via your mobile phone and/or email address.

As a Member, you must not allow others to use your account. Keep your account credentials confidential and do not share them. By registering, you agree not to distribute any Content to third parties through any communication means.

You may not transfer or assign your rights or obligations under these Terms to others. Notify us immediately of any security breaches, such as loss, theft, or unauthorized use of your username or password. Members who lose access may not regain it without our explicit written permission.

Users acknowledge that they cannot access the content generator tool without becoming Members. Non-Members can only view available Content and generated Content without generating new content.

6. SUBSCRIPTIONS & GEM PURCHASES

r34art offers various membership subscription options (“Subscription”). Each Subscription provides different features and pricing based on the chosen plan. Subscription prices and features are subject to change per these Terms and Conditions. Members may change their Subscription plan, with lower-priced options taking effect in the next billing cycle and higher-priced upgrades requiring immediate payment of the price difference. We will strive to notify Members of any pricing or feature changes with reasonable notice.

You agree to pay all fees associated with your selected Subscription option and authorize CCBill to charge the appropriate fee, applicable taxes, and any disclosed charges using your provided billing information. Subscriptions automatically renew at the stated rate. Payment method terms are governed by agreements between you and your financial institution or card issuer and may include foreign transaction fees. You are responsible for Subscription fees, and your membership may be terminated if you fail to pay.

Members can purchase Subscriptions or Gems to use the content generator. Gem prices are displayed before purchase and have no cash value, serving solely for entertainment on the Site. Unused Gems are non-refundable.

If you believe an error occurred with a Gem purchase or billing charge, notify r34art in writing within thirty (30) calendar days by emailing contactr34art@gmail.com with detailed information about the disputed charge. Failure to notify us within this period waives your right to dispute the charges.

For any purchase or billing inquiries, contact our customer service at contactr34art@gmail.com.

7. BILLING

By registering as a Member and purchasing a Subscription or Gems, you agree to the billing terms and costs displayed on our Site and as outlined by our Payment Processor, CCBill. You agree to pay all applicable fees for your chosen Subscription option and authorize CCBill to charge you the appropriate amount, including taxes and any disclosed fees, using your provided billing information. All Subscriptions automatically renew at the stated rate. The terms of your payment method are governed by agreements between you and your financial institution or card issuer and may include foreign transaction fees. You are responsible for the Subscription fees, and your membership may be terminated if you fail to pay the agreed Subscription amount.

If you attempt to make a purchase and your payment method is declined, you may contact your bank or card issuer to determine the reason or try a different payment method.

8. CANCELLATION & REFUND POLICY

You may cancel your membership and Services at any time by contacting us at contactr34art@gmail.com. No refunds will be issued for early Subscription cancellations or unused Gem purchases. However, r34art reserves the right to consider refund requests on a case-by-case basis. Cancelling Services will terminate your membership, and you will lose access to Membership features, including the content generator. Members are responsible for charges incurred up to the termination date.

9. CARDHOLDER DISPUTES/CHARGEBACKS

All chargebacks are thoroughly investigated and may lead to the prevention of future purchases through CCBill, depending on the circumstances. Before filing a chargeback, we encourage you to contact our customer service, as chargebacks may result in account termination or suspension. Fraud claims may lead to suspension of Services and prevention of future payments from your issuer.

10. AUTHORIZATION OF USE

Users are granted a single access right to use the Service or materials on the Site for personal use only. Memberships are strictly for individual use and cannot be used for commercial purposes or by third parties without our written permission. Transferring or distributing Content or generated Content not owned by you is prohibited. Unauthorized use may result in account termination. Upon breach, you must immediately destroy any copied or downloaded material from the Site or Services.

11. YOUR USE OF THE PLATFORM

You acknowledge that our Site and Services are intended solely for entertainment and recreational purposes. All images and characters are generated for the amusement and enjoyment of Members and Users.

You must not use the Services for any illegal or unauthorized activities or violate any laws in your jurisdiction, including privacy, copyright, or other intellectual property laws.

We may use third-party vendors and hosting partners to provide necessary technology for the Service. This Site contains material owned or licensed by us or used with permission. Reproduction is prohibited except as permitted by the copyright notice within these Terms and Conditions. Unauthorized modification, adaptation, or hacking of the Service is prohibited and may result in legal action.

12. INTELLECTUAL PROPERTY RIGHTS

The r34art name, logo, product names, and other trademarks are the property of r34art. Except for generated Content, all media on this Site, including text, images, audiovisual content, source code, trademarks, service marks, and trade names (“Content”), are owned or licensed by r34art. Unauthorized use of any Content or trademarks is prohibited. We reserve the right to remove any Content and terminate access for violations of these Terms and Conditions. All materials on the Site are proprietary, valuable intellectual property protected by United States and international copyright laws and cannot be reproduced, copied, edited, published, transmitted, or uploaded without written permission from the Company.

13. PROMOTIONAL EMAILS AND SPAM

r34art enforces a strict no-SPAM policy. Third parties are prohibited from sending unsolicited promotional emails on our behalf. We will only send promotional emails to registered Users. If you receive unsolicited emails, you can unsubscribe by following the instructions within the email. For any unsolicited messages or suspected SPAM from us, please contact contactr34art@gmail.com.

14. CODE OF CONDUCT & ASSUMPTION OF RISK

By using the Services, you agree to comply with all applicable laws, rules, and regulations. Additionally, you agree not to:

  1. Upload, post, email, transmit, or make available any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable content.
  2. Harm minors in any manner.
  3. Impersonate any person or entity or misrepresent your affiliation.
  4. Forge headers or manipulate identifiers to disguise the origin of any material transmitted through the Service.
  5. Upload, post, email, transmit, or make available any material you do not have the right to share under any law or contractual obligations.
  6. Upload, post, email, transmit, or make available any material that infringes on any patent, trademark, copyright, or other proprietary rights.
  7. Upload, post, email, transmit, or make available unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in designated areas.
  8. Upload, post, email, transmit, or make available material containing software viruses or any other computer code designed to interrupt, destroy, or limit functionality of any computer software or hardware.
  9. Disrupt the normal flow of dialogue or negatively affect other users’ ability to engage in real-time exchanges.
  10. Attempt to interfere with or disrupt the Services, servers, or networks connected to the Services.
  11. Violate any applicable local, state, national, or international laws or regulations.
  12. Stalk or harass another individual.
  13. Collect or store personal data about other users.
  14. Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, data, or Content for commercial purposes.

You understand and agree that:

  1. Any material downloaded or accessed through the Services is done at your discretion and risk. You are solely responsible for any damage to your computer system or loss of data resulting from such downloads.
  2. No advice or information from the Company creates any warranty not explicitly stated in these Terms and Conditions.

15. DISCLAIMER

THE COMPANY PROVIDES THE SERVICE AND CONTENT “AS IS” AND “AS AVAILABLE”. While we strive to keep the Service available, free of bugs, and secure, you use it at your own risk. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including warranties of title, non-infringement, accuracy, merchantability, fitness for a particular purpose, and warranties arising from course of dealing or usage of trade. We do not guarantee that the Service will always be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. The Company is not responsible for third-party actions or information, and you release the Company from any claims and damages related to such third-party actions.

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you. You acknowledge that r34art cannot guarantee that files available for download or accessible through the Internet are free of viruses or other harmful components. You are responsible for implementing sufficient procedures to ensure data accuracy and maintaining means for data recovery. r34art does not assume any responsibility or risk for your use of the Internet. Your use of the Site is at your own risk.

16. LIMITATION OF LIABILITY

IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, including but not limited to loss of profits, goodwill, use, data, or other intangible losses, even if the Company has been advised of the possibility of such damages. This applies regardless of whether the claim is based on contract, tort, warranty, or any other legal theory.

Specifically, the Company is not liable for:

  • Another User’s failure to comply with conduct codes
  • Personal injury or property damage resulting from your use of the Service
  • Unauthorized access to or alteration of our secure servers and personal information
  • Any bugs, viruses, worms, Trojan horses, defects, or other harmful components transmitted through the Service
  • Errors, mistakes, inaccuracies, or omissions in any Content or generated Content
  • Your inability to use the Service
  • The cost of procuring substitute goods or services resulting from purchases or transactions through the Service
  • Any other matter related to the Service

Your exclusive remedy for dissatisfaction with the Service is to stop using it. These limitations apply even if any remedy fails to achieve its essential purpose. The allocation of risk is a fundamental aspect of our agreement, and our total liability will not exceed one hundred dollars ($100). Some jurisdictions do not permit the exclusion or limitation of certain damages, so these limitations may not apply to you. In such cases, our liability is limited to the maximum extent permitted by law. Attorneys’ fees will not be awarded or recoverable.

If you are a resident of California, you waive California Civil Code §1542, which states that a general release does not extend to claims unknown at the time of signing.

17. BOOKMARKING

The Site is designed to warn Users that they must be of legal age to access certain areas. Bookmarking specific web pages may bypass these warnings. By using bookmarks to access the Site, you agree that you accept the Terms and Conditions, even if you bypass these warnings or links to the Terms.

18. THIRD-PARTY LINKS AND PRODUCTS

Our Services may include content from third parties, such as images, text, software, and other information. We may provide links to other websites and third-party products or services. We do not control or endorse these third-party sites or offerings and are not responsible for their content, availability, or privacy practices. Any links, images, or content found to violate these Terms will be removed promptly.

19. RESTRICTED LOCATIONS

Local laws may regulate activities promoted by the Site or third parties on the Site. Ensure compliance with your local laws before engaging in any activities. The Site and Services may not be accessed in locations where doing so would violate any laws or regulations. You represent that you are not accessing the Site from a restricted location and that your jurisdiction permits viewing sexually explicit content.

20. INDEMNIFICATION

You agree to indemnify and hold harmless the Company, its owners, operators, and affiliates, including their members, managers, officers, directors, employees, agents, contractors, licensors, and licensees, from any and all expenses, losses, and claims, including reasonable attorney fees, arising from your activities, actions, or inactions related to the Company, Site, or Services. This includes any claims related to violations of laws or the generated Content.

21. NOTICE

Notices from the Site to Members may be delivered via electronic messages, site postings, or emails. Notices from Members to the Company must be in writing and are considered effectively given when:

  • Personally delivered
  • Sent by confirmed electronic mail or facsimile during normal business hours, or the next business day if not confirmed
  • Five (5) days after being sent by registered or certified mail
  • One (1) day after being deposited with a recognized overnight courier

All communications regarding the Site must be directed to r34art at contactr34art@gmail.com.

22. ARBITRATION

THE PARTIES AGREE THAT ANY ARBITRATION PROCEEDING WILL TAKE PLACE IN THE UNITED STATES (the “Agreed Venue”). The Parties consent to personal jurisdiction in the Agreed Venue. Any disputes related to the Company, Site, Services, or these Terms must first be attempted to be resolved through good faith discussions. If unresolved, disputes will be settled by arbitration in accordance with the American Arbitration Association Arbitration Rules. The arbitration will be conducted in the United States by three arbitrators. U.S. law applies. Arbitration awards may be entered in any competent court. Except as required by law, neither party may disclose arbitration details without mutual consent. Arbitrators cannot award punitive damages or injunctive relief. The unsuccessful party will bear the arbitration costs. This section survives termination of these Terms. In lawsuits, the venue will be the United States. YOU WAIVE THE RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING RELATED TO THIS AGREEMENT.

23. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between you and the Company, superseding any prior agreements.

24. SEVERABILITY

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will remain in effect. If a court finds a provision invalid but enforceable when limited, that provision will be enforced in its limited form.

25. HEADERS AND FOOTERS

Section headers and footers are for convenience only and do not affect the interpretation of these Terms.

26. WAIVER

Failure or delay by the Company to enforce any right does not waive that right. Partial exercise of any right does not prevent further exercise of that or other rights.

27. GOVERNING LAW

This Agreement is governed by and construed in accordance with the laws of the United States, without regard to conflict of laws principles.

28. ACKNOWLEDGEMENT

BY USING THE SERVICES, YOU CONFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. You may also be subject to additional rules when using specific features on the Site or Services, which we will enforce vigorously. These Terms include disclaimers and exclusive remedy provisions. We may modify the Terms, including billing aspects, from time to time. You agree to review the Terms periodically and accept any changes by continuing to use the Site and Services. If you do not agree with changes, you may terminate your membership as outlined herein. Continued use of the Site and Services after changes constitutes acceptance of those changes. Bypassing our billing system is strictly prohibited.

Contact Information:
For any questions or concerns regarding these Terms and Conditions, please contact us at:
Email: contactr34art@gmail.com