DIVA
DIVA
DIVA

00

terms_of_service()

Legal terms and conditions for using DIVA and purchasing digital artwork.

1) Acceptance of Terms

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Services.

2) Eligibility & Accounts

  • You must be at least 13 years old to use the Services. If you create an account, you are responsible for safeguarding your credentials and for all activities under your account.
  • We may refuse, suspend, or terminate accounts or access that violate these Terms or harm the Services or other users.

3) Definitions

  • "Artwork" means a unique digital image file offered for sale via the Services.
  • "Offer" means a time-limited, item-specific price and purchase link presented to you within the chat interface.
  • "Hold Period" means the period during which an Artwork associated with an Offer is reserved (typically 15 minutes unless otherwise stated).
  • "Purchased Artwork" means an Artwork for which payment has been successfully completed and digital delivery made available to you.
  • "Buyer" means the person who completes payment for an Artwork.

4) Services Description

The Services present inventory metadata and permit chat-based interactions through which Offers may be generated for specific Artworks. Full-resolution Artworks are not shown prior to purchase; titles, descriptions, and blurred previews may be visible.

5) AI-Generated Offers, Pricing & Availability

  • Autonomous Pricing. Prices and the decision whether to present an Offer may be determined automatically using internal logic, data inputs, and operational parameters. Prices may vary over time and between users.
  • No Obligation to Offer. We are not obligated to present any Offer, negotiate, or maintain any price point.
  • Offer Holds. When an Offer is created, the associated Artwork is reserved for the stated Hold Period (typically 15 minutes). If the Offer expires or is declined, the Artwork may be released back to inventory.
  • Error Handling. We may cancel or correct an Offer or transaction that contains or resulted from an obvious error (typographical, technical, or algorithmic), including mispricing, before fulfillment. If payment was captured, we will void or refund the charge.
  • Race Conditions. In the unlikely event of simultaneous checkout attempts for the same Artwork, we may honor the first completed transaction (as timestamped by our payment processor) and cancel/refund the others.

6) Orders, Payment & Taxes

  • Payment Processing. Payments are processed by a third-party processor (e.g., Stripe). We do not store full payment card numbers.
  • Authorization. You authorize us and our processor to charge your selected payment method for the total amount shown at checkout, including applicable taxes.
  • Taxes. You are responsible for any taxes, duties, or similar charges required by your jurisdiction. Provide accurate billing information.
  • Fraud Screening. We may refuse or cancel an order if we suspect fraud, abuse, or policy violations.

7) Digital Delivery & Title

  • Delivery. After successful payment, you will receive a link and/or email to access the high-resolution file. Delivery is complete when the file is made available to the email/address you provided.
  • Records. We may log delivery events (timestamps, IP, user agent) to verify fulfillment.

8) Refunds & Limited Remedies

All sales are final due to the nature of digital goods. Exceptions are limited to confirmed non-delivery or file corruption/defect that we are unable to remedy within a reasonable time. Our sole obligation in such cases is to re-deliver or, if we cannot reasonably cure, to refund the purchase price. This does not affect any non-waivable consumer rights that apply in your jurisdiction.

9) Ownership; Buyer Rights; License Back to Us

  1. Buyer Rights in Purchased Artwork. Upon confirmed purchase and delivery, the Buyer receives a broad, perpetual, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, modify, adapt, publish, distribute, display, and commercially exploit the Purchased Artwork, including to create derivative works, in any media now known or later developed. Attribution is appreciated but not required.
  2. Exclusivity. Each Artwork is a unique 1/1. We will not sell the same file to another party. (This does not restrict the Buyer's ability to license or distribute their Purchased Artwork.)
  3. License Back (Portfolio/Marketing). Buyer grants us a perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, display, perform, publish, and distribute the Purchased Artwork solely for: portfolio display; case studies; editorial/educational use; website/social-media showcases; promotional/marketing; and exhibitions (digital or physical). We do not claim ownership of your derivative works.
  4. Moral Rights & Provenance. To the extent permitted by law, we disclaim and waive any moral rights in the delivered file; nothing prevents us from accurately identifying the Artwork’s provenance (e.g., “created by DIVA”). You agree not to misrepresent authorship or remove reasonable provenance notices.

10) Hidden Artwork & Public Reveal

Artworks are hidden prior to purchase. After purchase, the Artwork image and sale price may be revealed publicly in our gallery. By default, Buyer identity is not displayed; if you choose a public username or give permission, your chosen name may appear.

11) User Content

If you submit text, images, or other content ("UGC"), you retain ownership and grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display the UGC in connection with the Services and marketing. You represent that your UGC does not infringe third-party rights and complies with Section 13.

12) Prohibited Conduct

  • Violating laws or third-party rights (intellectual property, privacy, publicity).
  • Attempting to reverse engineer, jailbreak, or exploit the Services or pricing logic; creating denial-of-service or spam.
  • Interfering with security, accessing non-public areas, or attempting to circumvent Offer Holds or inventory locks.
  • Submitting unlawful, defamatory, obscene, or infringing content.

13) NFTs & Blockchain (If/When Enabled)

If an NFT contract is launched, eligible Buyers may mint an NFT representing their Purchased Artwork at no additional cost (specifics to be announced). Blockchain records are public and immutable; wallet addresses may be public. We do not control third-party wallets, networks, or smart contracts and are not responsible for their security or availability. Network or gas fees may apply. Tokenization does not alter the Buyer rights or our marketing license in Section 9.

14) Site & Service IP

Site code, designs, trademarks, logos, and content not constituting a Purchased Artwork are owned by us or our licensors and are protected by law. Except for the rights expressly granted in Section 9, no rights are transferred to you.

15) Copyright Complaints (DMCA)

If you believe content on the Site infringes your copyright, send a DMCA notice to contact@divazero.com containing: (i) your physical or electronic signature; (ii) identification of the work claimed to be infringed; (iii) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; (iv) your contact information; (v) a statement of good-faith belief; and (vi) a statement under penalty of perjury that the information is accurate and you are authorized to act for the rightsholder.

16) Third-Party Services

We may integrate third-party services (e.g., payment processors, hosting, analytics). Their terms and privacy policies govern their services. We are not responsible for third-party acts or omissions.

17) Disclaimers

THE SERVICES AND ALL CONTENT (INCLUDING DESCRIPTIONS, PRICING, AND AI-GENERATED OUTPUTS) ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CONTENT MAY BE NON-DETERMINISTIC OR CONTAIN ERRORS.

18) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PURCHASED ARTWORK GIVING RISE TO THE CLAIM (OR $100 IF NO PURCHASE WAS MADE).

Certain jurisdictions do not allow limitations on implied warranties or the exclusion/limitation of certain damages; in such jurisdictions, our liability will be limited to the greatest extent permitted by law.

19) Indemnification

You agree to indemnify, defend, and hold harmless us and our owners, officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of the Services; (ii) your UGC; (iii) your violation of these Terms; or (iv) your infringement or misappropriation of third-party rights.

20) Arbitration; Class Action & Jury Trial Waiver (U.S. Users)

  1. Agreement to Arbitrate. You and we agree to resolve any covered disputes (defined below) by binding arbitration on an individual basis, except that either party may seek relief in small-claims court or injunctive relief in a court of competent jurisdiction.
  2. Covered Disputes. Any claim or controversy arising out of or relating to these Terms or the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved by arbitration, except for claims that cannot be arbitrated as a matter of law.
  3. Procedure. The Federal Arbitration Act (FAA) governs this clause. Arbitration will be administered by JAMS under its Streamlined Rules. The place of arbitration will be Los Angeles County, California, unless otherwise required by law or agreed by the parties. The arbitrator may award relief available in court.
  4. Class Action & Jury Waiver. You and we agree that each may bring claims only in our individual capacity, not as a plaintiff or class member in any purported class or representative proceeding. You and we waive the right to a jury trial.
  5. 30-Day Opt-Out. You may opt out of this arbitration clause by sending an email to contact@divazero.com with subject line “Arbitration Opt-Out” and your account email within 30 days of your first acceptance of these Terms. Your opt-out will not affect other provisions.

21) Governing Law & Venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Subject to Section 20, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California for any action not subject to arbitration.

22) Electronic Communications; Export Controls

  • Electronic Communications. You consent to receive communications electronically (e.g., emails, in-app messages). Keep your contact information current.
  • Export Controls. You represent you are not located in, under the control of, or a national/resident of any country or party subject to U.S. sanctions. You agree to comply with all applicable export control laws.

23) Force Majeure

We will not be liable for any delay or failure of performance resulting from causes beyond our reasonable control, including acts of God, labor disputes, supply chain issues, power or internet failures, or the acts of third parties.

24) Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

25) Entire Agreement; Interpretation

These Terms constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements on the subject. Headings are for convenience only and do not affect interpretation.

26) Severability; No Waiver

If any provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver.

27) Changes to Services or Terms

We may modify the Services or these Terms from time to time. Changes are effective when posted on the Site. Your continued use after changes constitutes acceptance.

28) Contact

Email: contact@divazero.com
Web: divazero.com/contact