Last updated: April 23, 2023

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Welcome to TheDeepArt.com (the "Site"), operated by Deep Art. These Terms of Use ("Terms") govern your access to and use of the Site and its features, including but not limited to Pulse, Nexus, Showcase, and Gather (collectively, the "Services").

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1. Acceptance of Terms

By using our Site and Services, you agree to be bound by these Terms, as well as our Privacy Policy. If you do not agree to these Terms, you may not use the Site or Services.

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2. Eligibility

To access and use the Services, you must be at least 13 years old. If you are under 18 years old, you must have the consent of a parent or legal guardian.

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3. Registration and Account Security

You may need to create an account to access certain features of the Services. You agree to provide accurate and current information when creating your account and to update your information as necessary. You are responsible for maintaining the confidentiality of your account information and for any activity that occurs under your account.

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4. Use of the Services

As a user of the Site and Services, you agree to:

a. Use the Services for lawful purposes only. b. Not engage in any activity that interferes with or disrupts the Site or Services. c. Not upload, post, or share content that is obscene, defamatory, or offensive.

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5. Pulse

Pulse provides users with a regularly updated feed of news, articles, and insights related to digital art and technology. You agree not to copy, reproduce, or distribute any content from Pulse without the express permission of Deep Art or the original content creator.

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5.1. Submitting Content to Pulse

Users may submit their own articles or insights for consideration in Pulse. By submitting content, you grant Deep Art a non-exclusive, royalty-free, worldwide license to use, display, and distribute your content on the Site and in promotional materials related to the Services. You represent and warrant that you have the necessary rights and permissions to share the submitted content.

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5.2. Commenting on Pulse

Users may leave comments on Pulse articles, fostering discussion and engagement within the community. By participating in the comment section, you agree to treat other users with respect and not engage in any harassing, threatening, or abusive behavior.

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6. Nexus

Nexus is a social hub where users can connect, network, and engage with fellow digital art enthusiasts. By participating in Nexus, you agree to treat other users with respect and not to engage in any harassing, threatening, or abusive behavior.

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6.1. Creating and Joining Groups

Users can create and join groups within Nexus to discuss specific topics or interests related to digital art. By creating or joining a group, you agree to follow the group's rules and guidelines, as well as the overall terms outlined in this document.

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6.2. Sharing Content on Nexus

When sharing content on Nexus, such as images, videos, or links, you represent and warrant that you have the necessary rights and permissions to do so. You agree not to share any content that violates the rights of others, including but not limited to copyrights, trademarks, or other intellectual property rights.

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7. Showcase

Showcase is a curated gallery of digital art created using cutting-edge technology and innovative techniques. You may submit your own artwork for consideration in Showcase, but you agree that Deep Art has the final say on which pieces are selected and displayed. By submitting your work, you grant Deep Art a non-exclusive, royalty-free, worldwide license to use, display, and distribute your artwork on the Site and in promotional materials related to the Services.

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7.1. Showcase Submission Guidelines

By submitting your artwork to Showcase, you agree to follow the submission guidelines provided by Deep Art. These guidelines may include, but are not limited to, specific file formats, resolution requirements, and maximum file sizes. Failure to adhere to these guidelines may result in your artwork not being considered for inclusion in Showcase.

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7.2. Artwork Attribution

Deep Art will make reasonable efforts to credit you as the creator of the artwork displayed in Showcase. By submitting your work, you agree that Deep Art may use your name or pseudonym in connection with your artwork for the purposes of attribution and promotion.

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7.3. Copyright Infringement Claims

If you believe that your work has been copied and displayed in Showcase without your permission, please contact us at media@thedeepart.com with detailed information about the alleged infringement, including a description of your work, a link to the infringing material, and evidence of your ownership of the copyrighted work.

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8. Gather

Gather is an event calendar and booking system for workshops, exhibitions, and other digital art-related events. By using Gather, you agree to provide accurate and current information when registering for an event and to abide by any terms and conditions set forth by the event organizer.

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8.1. Event Listings

Event organizers may submit their events for inclusion in Gather. By submitting an event, you grant Deep Art a non-exclusive, royalty-free, worldwide license to use, display, and distribute information about your event on the Site and in promotional materials related to the Services. Deep Art reserves the right to refuse or remove any event listing at its sole discretion.

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8.2. Refunds and Cancellations

Refund and cancellation policies for events listed on Gather are determined by the individual event organizers. Deep Art is not responsible for issuing refunds or handling cancellations for events booked through Gather. Users should contact the event organizer directly to request a refund or to cancel their registration.

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9. Intellectual Property Rights

All content on the Site and available through the Services, including but not limited to text, images, graphics, and code, is the property of Deep Art or its content suppliers and is protected by copyright, trademark, and other intellectual property laws. You may not modify, reproduce, or distribute any content from the Site without the express permission of Deep Art or the original content creator.

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10. Third-Party Content and Links

The Site and Services may contain links to third-party websites or content that is not owned or controlled by Deep Art. Access to such third-party content is at your own risk, and Deep Art is not responsible for the content, privacy policies, or practices of any third-party websites or services.

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11. Changes to the Terms

Deep Art reserves the right to update or modify these Terms at any time. Any changes will be effective upon posting the revised Terms on the Site. Your continued use of the Site and Services constitutes acceptance of the updated Terms.

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12. Termination

Deep Art reserves the right to terminate your access to the Site and Services at any time and for any reason, including but not limited to a violation of these Terms or applicable laws.

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13. Limitation of Liability

In no event shall Deep Art or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, whether in an action in contract, tort, or otherwise, arising out of or in connection with your access to, use of, or inability to use the Site or Services.

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14. Indemnification

You agree to indemnify, defend, and hold harmless Deep Art and its affiliates from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

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15. Governing Law

These Terms and any disputes arising out of or related to the Site or Services shall be governed by the laws of the jurisdiction in which Deep Art is located, without regard to its conflict of law provisions.

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16. Dispute Resolution

In the event of any dispute between you and Deep Art arising out of or in connection with these Terms, the Site, or the Services, the parties shall first attempt to resolve the dispute through good faith negotiation. If the parties are unable to resolve the dispute through negotiation, either party may initiate legal proceedings in a court of competent jurisdiction.

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17. Feedback and Suggestions

Deep Art welcomes your feedback and suggestions for improving the Site and Services. By submitting feedback or suggestions, you grant Deep Art a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate your feedback and suggestions into the Site and Services without any compensation or attribution to you.

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18. Modifications to the Services

Deep Art reserves the right to modify, suspend, or discontinue the Site and Services, or any part thereof, at any time and without notice. Deep Art shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or Services.

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19. No Waiver

No failure or delay by Deep Art in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy.

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20. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.

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21. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Deep Art regarding your use of the Site and Services and supersede any prior agreements, understandings, or representations, whether written or oral, between you and Deep Art with respect to the subject matter hereof.

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22. Contact Information

If you have any questions or concerns about these Terms or the Services, please contact us at media@thedeepart.com.