Legal: Privacy, Terms, Disclaimers

These are my terms of use, privacy policy, disclaimer, and other various legal things.

Last updated: Friday, August 11th, 2023.

All art on this website is copyright Ethan J. Hulbert. I reserve all rights. Please contact me on my personal website before using any image.

Terms and Conditions of Use & Service

Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

In this document, “Ethan J. Hulbert’s web site” refers to this site, perplexia.art, as well as all related sites, accounts, and internet properties.

Use of Content for Training Data Sets

Permission Required: All written content, images, videos, and other media (“Content”) presented on this website are the exclusive property of the website owner, unless otherwise noted. Any entity or individual seeking to utilize the Content for training data sets, including but not limited to Large Language Models (LLMs), image generators, text-to-image generators, text-to-video generators, or any other artificial intelligence (AI) applications, must first obtain express written permission from the website owner. Additionally, a reasonable fee, determined on a case-by-case basis by the website owner, must be paid prior to any use.

Unpermitted Use & Compensation: If it is discovered that any entity or individual has used the Content for training data sets or any AI-related applications without prior written permission from the website owner, or in a manner not expressly permitted by the website owner, they hereby agree to pay a fine of $24,800, or $500 per individual piece of Content (sentence, image, video, etc.), whichever amount is greater.

Waiver of Legal Proceedings: By accessing and utilizing this website, the user agrees and acknowledges that in the event of unauthorized use of the Content as described above, they relinquish any rights to bring the matter to court, mediation, arbitration, or any other form of dispute resolution. The agreed compensation as set forth in the Unpermitted Use & Compensation clause will be the sole remedy.

Your Agreement: By accessing this site, you agree to be bound to these terms. If you do not, you are prohibited from further use of this website.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Ethan J. Hulbert’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on Ethan J. Hulbert’s web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Ethan J. Hulbert at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on Ethan J. Hulbert’s web site are provided “as is”. Ethan J. Hulbert makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Ethan J. Hulbert does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

All opinions stated on this web site, including all pages in all subdirectories and on all subdomains, are solely the opinions of Ethan J. Hulbert and should not be taken to reflect the opinions of his clients, employers, employees, associates, or related organizations.

Limitations

In no event shall Ethan J. Hulbert or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Ethan J. Hulbert’s Internet site, even if Ethan J. Hulbert or an Ethan J. Hulbert authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Ethan J. Hulbert’s web site could include technical, typographical, or photographic errors. Ethan J. Hulbert does not warrant that any of the materials on its web site are accurate, complete, or current. Ethan J. Hulbert may make changes to the materials contained on its web site at any time without notice. Ethan J. Hulbert does not, however, make any commitment to update the materials.

Links

Ethan J. Hulbert has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Ethan J. Hulbert of the site. Use of any such linked web site is at the user’s own risk.

Site Terms of Use Modifications

Ethan J. Hulbert may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Ethan J. Hulbert’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to me. Accordingly, I have developed this Policy in order for you to understand how I collect, use, communicate and disclose and make use of personal information. The following outlines my privacy policy.

  • Before or at the time of collecting personal information, I will identify the purposes for which information is being collected.
  • I will collect and use personal information solely with the objective of fulfilling those purposes specified by me and for other compatible purposes, unless I obtain the consent of the individual concerned or as required by law.
  • I will only retain personal information as long as necessary for the fulfillment of those purposes.
  • I will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • I will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • I will make readily available to customers information about my policies and practices relating to the management of personal information.

I am committed to conducting my business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.