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Terms of service

These terms of service (effective April 8, 2019) govern your use of Whimsy (Whimsy) services such as the whimsy.art app and the api.whimsy.art API (Whimsy services).

By using Whimsy services you agree to these terms, available at whimsy.art/terms. If these terms of service change, continuing to use Whimsy services is an agreement of the revised terms.

If a term is invalidated the other terms remain in effect.

Contact us if you have any questions!

Privacy policy

See the privacy policy for information about the collection and use of your personal data when using Whimsy services.

Account security

When registering an Whimsy account, you agree to maintain the security of your password and accept the risk of unauthorized access to any data you provide Whimsy services.

Conduct

You must be at least 18 years old to use Whimsy services.

You must not impersonate, or act on behalf of, another person when using Whimsy services.

You must provide truthful information about yourself and considerate feedback for others when using Whimsy services.

You must not make content available on, or through, Whimsy services that is:

  • Illegal.
  • Malware.
  • Violent or gory.
  • Pornographic.
  • Spam.
  • Defamatory, fraudulent or deceptive.
  • Infringing intellectual property rights.
  • Private information of a third party.
  • Harassment.

Hacking to gain unauthorized access to, or interfere with, Whimsy services user accounts, data or systems is prohibited.

Termination

Your access to Whimsy services may be terminated at any time for any or no reason, including for violation of these terms of service.

Disclaimers

Whimsy services and any other service and content included on or otherwise made available to you through Whimsy services are provided to you on an as is or as available basis without any representations or warranties of any kind. We disclaim any and all warranties and representations (express or implied, oral or written) with respect to Whimsy services and content included on or otherwise made available to you through Whimsy services whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise.

In no event will Whimsy be liable to you or any third party for any special, indirect, incidental, exemplary or consequential damages of any kind arising out of or in connection with Whimsy services or any other service and/or content included on or otherwise made available to you through Whimsy services, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if Whimsy has been advised of the possibility of such damages or are aware of the possibility of such damages. Our total liability for all causes of action and under all theories of liability will be limited to the amount you paid to Whimsy. This section will be given full effect even if any remedy specified in this agreement is deemed to have failed of its essential purpose.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) Whimsy incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of Whimsy services or the use of Whimsy services by any person using your account, including any claim that your use of Whimsy services violates any applicable law or regulation, or the rights of any third party, and/or your violation of these terms of service.

Governing law

Use of Whimsy services is governed by the laws of Victoria, Australia.