Using our app to do anything other than access the links to this "Terms of Service" page or accessing any page of our website other than our home page and this "Terms" page constitutes your consent to these terms of use. If you do not consent, do not use our website. Your use of our website to do anything beyond simply accessing/viewing it (that is, uploading, downloading, commenting, etc.), constitutes not merely your consent, but also your electronic signature, meaning that you are contractually bound by these terms.
You are solely responsible for the Content you post, publish, display, or otherwise make available on our Website, and for any action or omission that results from your use of the Services (including our Content or other user's Content), or the use by a person or an entity that you have authorized under your Account.
You represent and warrant that you have ownership, control, and responsibility for the Content you post or otherwise make available on our Website, or otherwise have the right to do so. Your Content must not be misleading or unlawful, and must not violate any of these Terms, applicable law and regulation, or infringe or misappropriate any rights of any person or entity. We may remove your Content at any time, at our sole discretion, if we have concerns about your Content.
By posting your Content or otherwise making it available on our Website, you acknowledge and agree that:
You own the Content you create, but you grant us a worldwide, royalty-free, and non-exclusive license to use, display, publish, reproduce, distribute, and make derivative works of such Content to provide Services and as otherwise permitted under these Terms and our Privacy Policy. Your Content will be viewed by others, and as a result:
If you set your Content as public, you grant each User a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, display, publish, reproduce, distribute, and make derivative works of your Content through our Services and functionalities. If you set your Content as private, we will use reasonable and appropriate measures designed to keep your Content confidential and protected from unauthorized access or disclosure. However, we may access or share your private information pursuant to these Terms and our Privacy Policy. When Content contains a reasonable and customary license notice (such as an open-source license), such Content should remain under the terms of that license when further accessed, distributed, or used. Neither party is permitted to remove reference to any such license. You agree that any Content you download, access, or use from us or another User is at your own risk and subject to these Terms and/or the terms accompanying such Content.
These rules apply to all Content posted on DaPrompts. Moderators consider context and intent while enforcing the community rules. Moderators may flag or remove content or users at their discretion.
Mature Content Definition:
Content containing nudity, sexual situations, provocative/revealing attire, blood/gore, death, or other mature themes.
Content Removal Criteria:
Content depicting or intended to depict real individuals or minors (under 18) in a mature context. For a more detailed explanation, please review our guidelines on depicting the likeness of real people and depicting minors.
Content promoting illegal or violent activities, including, but not limited to:
child abuse and exploitation
rape and domestic abuse
illegal substances or product sales requiring permits/licenses (e.g., pharmaceuticals, narcotics, pets, firearms)
fraud, deception, or false impersonation
brutal fights, graphic injuries, or human death
graphic violence or bestiality
Content depicting or intended to depict photorealistic minors, regardless of context. For a more detailed explanation, please refer to our guidelines on depicting photorealistic minors.
Content depicting the excrement of "scat" or fecal matter.
Content that is disrespectful, offensive, or promotes hate speech, discrimination, or harassment based on, but not limited to:
Religion or religious beliefs
Nationality, ethnicity, or race
Gender or sexual orientation
Disability or medical conditions
Content Duplication and false impersonation.
Content falsely labeled as having been created or endorsed by another creator, or impersonates another creator on the site.
If you believe your content has been removed unfairly, you can submit an appeal through our Appeal Form for further review by a team separate from the moderation team.
For additional information about how content is moderated, please review our Content Moderation Policy.
By uploading a file or other content or by making a review, you represent and warrant to us that (1) doing so does not violate or infringe anyone else's rights; and (2) you created the file or other content you are uploading, or otherwise have sufficient intellectual property rights to upload the material consistent with these terms. With regard to any file or content you upload to the public portions of our site, you grant DaPrompts a non-exclusive, royalty-free, perpetual, irrevocable worldwide license (with sublicense and assignment rights) to use, to display online and in any present or future media, to create derivative works of, to allow downloads of, and/or distribute any such file or content. To the extent that you delete any such file or content from the public portions of our site, the license you grant to DaPrompts pursuant to the preceding sentence will automatically terminate, but will not be revoked with respect to any file or content DaPrompts has already copied and sublicensed or designated for sublicense. Also, of course, anything you post to a public portion of our site may be used by the public pursuant to the following paragraph even after you delete it.
By downloading a file or image or copying other user-generated content (UGC) from DaPrompts, you agree that you do not claim any rights to it. The following conditions apply to your use of UGC:
Personal, Non-commercial Use: You may use UGC for personal, non-commercial purposes, in addition to any other specific rights granted by the content creator or as permitted under these Terms.
Fair Use: You may use UGC for anything that qualifies as fair use under copyright law, such as journalism (news, comment, criticism, etc.), provided that you include an attribute ("DaPrompts" or "courtesy of DaPrompts") next to where it is displayed.
Risk and Warranty: Your use of UGC is at your own risk. DaPrompts makes no warranties of non-infringement, and you will indemnify and hold DaPrompts harmless from any copyright infringement claims arising out of your use of the UGC.
These conditions apply in addition to any specific license terms that may be provided by the content creator, and are not intended to limit or restrict any rights granted by such license terms. When Content contains notice of a reasonable and customary license (such as an open-source license), such Content is intended to remain under the terms of such license when further accessed, distributed, or used.
You are solely and exclusively responsible for your use of DaPrompts.
In this regard, you agree to indemnify, defend and hold harmless us and Related Parties from all claims, liability, and expenses, including attorney's fees, arising out or in connection with your use of (or inability to use) the Services, including but not limited to your violation of these Terms, applicable law or regulation, any Content or data posted or used by you, or any other party's use of any Service with your credentials, unless arising directly from DaPrompts's fraud, gross negligence, recklessness, or willful or criminal misconduct, provided that we provide you with (i) a prompt written notice of the claim, demand, suit or proceeding, (ii) sole control of the defense and settlement of the claim, demand, suit or proceeding, and (iii) all reasonable assistance and cooperation in connection with the defense and settlement of the claim, at its own expense.
Neither of us (or any of our affiliates, subsidiaries, contractors, licensors, officers, directors, agents, or employees ("Related Parties")) will be liable for any indirect, incidental, consequential, punitive, special, or other similar damages, including loss of revenue, profits, data, benefits, or savings, whether or not due to the fault or negligence of the company or related parties, and regardless of whether either of us or our related parties have been advised of the possibility of such damages or losses.
If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on DaPrompts violates your rights, please contact us via our convenient DMCA form or by emailing [email protected]. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
We will terminate the Accounts of repeat infringers of this policy.
DaPrompts's services are provided on an AS IS - WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion. DaPrompts DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER DaPrompts TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, DaPrompts HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. DaPrompts DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON DaPrompts.COM THAT IS NOT PRODUCED BY DaPrompts, INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.
Your sole remedy for the loss of any services and/or of any images or other data you may have stored on DaPrompts's service is to discontinue your use of our service. DaPrompts WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, DaPrompts'S SERVICES, EVEN IF DaPrompts HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF DaPrompts'S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.
We have the right to change or otherwise update these Terms at anytime and without notice. All changes made to these terms are retroactive and apply to any and all users, content and communications, overriding any previously agreed upon terms.
"Us/we" Refers to DaPrompts and its operators. "You" Refers to any user that has accessed this site with any intention other then viewing this TOS. "Content" Refers to any review, image, file, or link uploaded to or accessed from this site.