Effective as of May 1, 2023
The Services utilize technology to transform a photograph that you voluntarily capture via, or upload to, the App (the "Selfie", see also User-Generated Content in the Terms), as supplemented by other information that you input into the App, into Content (as defined in the Terms) which is a customized avatar wearing a Spider-person suit, unmasked and masked (the “Spidersona Avatar”). We do not use the Content, any of your Selfies, or input information, for identity verification or authentication, or other purposes of identification.
These Additional Terms govern your access to and use of the Services. Please read these Additional Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Additional Terms. If you do not understand or agree to these Additional Terms, please do not use the Services.
- Eligibility. You must be 16 years of age or older to use the Services. Children under the age of 16 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.
- Restrictions On Your Use of the Services. In addition to the Restrictions on the Use of the Service and Content (Section 3) of the Terms, you may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:
a. submit, transmit, display, perform, post or store any content that is inaccurate, unlawful, defamatory, obscene, lewd, infringing, lascivious, filthy, violent, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel or insensitive, deceptive, or otherwise objectionable, use the Services for illegal, harassing, bullying, unethical or disruptive purposes, or otherwise use the Services in a manner that is obscene, lewd, lascivious, filthy, violent, harassing, harmful, hateful, cruel or insensitive, deceptive, threatening, abusive, inflammatory, pornographic, inciting, organizing, promoting or facilitating violence or criminal or harmful activities, defamatory, obscene or otherwise objectionable;
b. access or use the Services in any way not expressly permitted by these Additional Terms. All other rights are expressly reserved as set forth in the Reservation of all Rights Not Granted as to Content and Service (Section 1 E) in the Terms.
- Use of the Services. You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to use the Services. We do not guarantee that the Services can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Services will be available in any particular geographic location. You acknowledge that, when you use the Services, your wireless service provider may charge you fees for data and/or other wireless access. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Services on your mobile device. Please check with your wireless service provider to determine what fees apply to your access to and use of the Services.
- Ownership and Content: See Ownership and Your Rights to Use the Service and Content (Section 1) of the Terms. However, in contrast to Section 1.A(1) and 1.A(6) of the Terms, there is no limit on the number of times that you may download the Spidersona Avatars created by your use of the Services
- Content You Submit: See Content You Submit (Section 2) of the Terms.
a. However, Section 2.A(iii) of the Terms is expressly excluded from the scope of these Additional Terms, and SPE has no rights in or with respect to any Selfie and any information that you input into the App other than those rights set forth in these Additional Terms.
b. You hereby grant SPE the non-exclusive, limited, cost-free right and license to temporarily use, process, store, and otherwise exploit any Selfie and any information that you input into the App, for the sole purpose of providing the Services.
c. You acknowledge and agree that we will not use any of your Selfies or information input into the App for the purposes of identity verification or authentication, or other identification purposes.
d. We shall delete the Selfies you input into the App and the Content generated by the Services promptly (but no later than 72 hours). We shall delete the account information (i.e., your email and birth month and year) you input into the App at the conclusion of the Services or upon your deletion of the account, whichever occurs first.
- Miscellaneous. If any provision of these Additional Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Additional Terms and shall not affect the validity and enforceability of any remaining provisions, nor those of the Terms. The Services are operated by us through our Service provider, Vermillio, LLC in the United States.