Terms

TERMS AND CONDITIONS OF USE
Welcome to the Genaistory website (https://genaistory.com). Please carefully read the following Terms and Conditions of Use ("TOU") as they govern your use of this website. If you do not agree with any part of these terms, kindly refrain from using the site, accessing the files, and subscribing to the services provided herein.
By accessing and using this website, you affirm that you are at least 18 years old and have the legal capacity to accept these Terms and Conditions of Use. If you are using this website on behalf of an entity, you further affirm that you have the authority to accept these terms on behalf of the entity, and the entity agrees to indemnify Genaistory for any violations of these terms.
Genaistory reserves the right to revise and update these TOU at any time without notice. Your continued use of this website after any modifications are posted indicates your acceptance of the changes and binds you to the updated TOU.
1. OWNERSHIP OF THE WEBSITE AND ITS CONTENT
This website (https://genaistory.com) is owned, hosted, and operated by "Genaistory LLP" (hereinafter referred to as "Genaistory"). The domain name Genaistory is registered to Genaistory. Unless explicitly stated otherwise, all content featured or displayed on the website, including but not limited to photographic images, text, graphics, layout, sound, illustrations, software, trade dress, trademarks, patents, and the arrangement thereof (collectively referred to as "Genaistory Content"), is the property of Genaistory, its affiliates, subsidiaries, licensors, contributors, or third-party image partners.
2. USE OF THE WEBSITE
This website and Genaistory Content are intended for customers of Genaistory. You may only use this website or the Genaistory Content for purposes directly related to your business with Genaistory. Prohibited actions include, but are not limited to: (a) downloading, copying, or re-transmitting any or all of the website or Genaistory Content without a written license or agreement with Genaistory; (b) using data mining, robots, or similar data gathering methods; (c) manipulating or displaying the website or Genaistory Content through framing, linking, meta-tags, or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to do so for any Genaistory Content product or service without express authorization; (e) using the website or Genaistory Content for any purpose other than its intended use.
You agree to comply with all applicable laws and regulations, including those related to the Internet, data, e-mail, copyright, trademarks, patents, privacy, and the transmission of technical data. You further agree not to interfere with the security of, or abuse, this website or any system resources, services, or networks connected to or accessible through this website. Your use of this website is permitted only for lawful purposes and activities.

3. REGISTRATION INFORMATION AND ACCOUNT SECURITY
By using the website, you agree to the following terms regarding your registration data and account security:
(a) Provide accurate and complete information (Registration Data) on any registration forms on the website.
(b) Keep the Registration Data and any other information provided to Genaistory up to date.
(c) Maintain the security of your password and identification.
(d) Promptly notify Genaistory of any unauthorized use of your account or security breaches.
(e) Accept responsibility for all activities conducted through your account.
(f) Assume all risks associated with unauthorized access to Registration Data and any other information provided to Genaistory.

4. INTELLECTUAL PROPERTY RIGHTS
Genaistory is the exclusive owner and lawful licensee of all rights to the website and its content. All materials on the website, including design, layout, images, text, graphics, sound, video, trade dress, trademarks, patents (referred to as "Genaistory Content"), are the property of Genaistory and are protected by applicable laws, including copyright, trademark, trade names, patents, internet domain names, data protection, IT Act, privacy, publicity rights, and other similar rights and statutes.
Use of any Genaistory Content without express written permission and license is strictly prohibited. All title, ownership, and intellectual property rights in the website and its content remain with Genaistory, its affiliates, or licensors, as applicable, and do not transfer to you or your representatives.
COPYRIGHT
Genaistory, its licensors, image partners, and contributors own all copyrights in the represented images on the website. No ownership of any represented images is granted to anyone accessing the website and using the content. Removal of any copyright or proprietary rights notice in the represented images or related promotional materials is strictly prohibited.
Genaistory prohibits the upload of any content or material that infringes on copyright, trademark, patent, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right.
Genaistory respects the intellectual property rights of others, and users are expected to do the same. If you believe that material on the website infringes upon your copyright, you may file a notification of infringement through the provided email address: admin@genaistory.com. Genaistory may provide notice of copyright infringement and may remove infringing content uploaded by users.
5. LINKS
Genaistory makes no claim or representation about the quality, concept, nature, or reliability of third-party websites accessible by hyperlink from the website or websites linking to our website. Such sites are beyond Genaistory's control, and Genaistory is not responsible for their content. Links are provided for convenience, and inclusion of any link does not imply affiliation, endorsement, or adoption by Genaistory.
When leaving the website, users should be aware that Genaistory's terms and policies no longer apply. Users are advised to review the terms and policies, including privacy and data gathering practices, of any site linked from the website.
Participation, correspondence, or business dealings with third parties found on or through the website are solely between the user and the third party. Genaistory is not responsible or liable for any loss, damage, or other matters arising from such dealings.
6. USER CONTENT
As a user, you agree to upload only content generated by you through the use of Generative AI tools and technologies. CONJUGATION lacks the means to verify the origin of the content you upload or whether it was generated using Generative AI tools. The responsibility for ensuring the authenticity of the content lies solely with you (Users).
This website may feature User Content, including photographic images, uploaded by you or third parties. You are solely responsible for your use of such User Content, and you use them at your own risk. By posting any content on the website, you agree not to post, upload, transmit, distribute, store, create, or publish through the website any content that:
- Infringes on the intellectual property rights or contract rights or Copyright of any party.
- Is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
- Constitutes, encourages, or provides instructions for a criminal offense, violates the rights of any party, or creates liability or violates any local, state, national, or international law.
- Impersonates any person or entity or misrepresents your affiliation with a person or entity.
- Involves unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters.
- Includes private information of any third party.
You agree not to delete or revise any User Content posted by any third party. CONJUGATION holds no responsibility for User Content and assumes no liability for any loss or damage. CONJUGATION may remove, screen, or edit any User Content at its absolute discretion without notice. You are responsible for creating backup copies of User Content posted by you on the website at your sole cost.
By posting User Content, you grant CONJUGATION and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right to use, distribute, perform, publish, translate, create derivative works, and display such User Content worldwide. You also grant CONJUGATION the right to use the name you submit in connection with such content.
If you post User Content, you represent and warrant that you own or control all rights to the content, the content is accurate and not misleading, and the use and posting of the content do not violate these Site Terms or any rights of any person or entity. CONJUGATION acts as a content integrator and is not responsible for the information and Content provided by User(s) on the Website.
7. LIMITATION OF LIABILITY AND DISCLAIMER
This website and CONJUGATION Content are provided "as is," and CONJUGATION and its affiliates exclude any warranty to the fullest extent permitted by applicable law. CONJUGATION will not be liable for any damages arising from the use of this website or CONJUGATION Content, including lost profits and direct, indirect, incidental, punitive, and consequential damages. The functions embodied in the materials of this website are not warranted to be uninterrupted or without error.
CONJUGATION makes no representations or warranties regarding the accuracy, correctness, or reliability of the Content posted by users.
In no event shall CONJUGATION, its affiliates, subsidiaries, and their respective directors, employees, officers, members, or agents be liable for any direct, special, indirect, or consequential damages or any other damages of any kind. The aggregate liability of CONJUGATION shall not exceed any compensation paid to CONJUGATION for access to or use of the website.
Some jurisdictions may not permit the exclusion or limitation of implied warranties or liability for certain categories of damages, and therefore, some or all of the limitations above may not apply to you.
8. INDEMNIFICATION
You hereby agree to indemnify and hold CONJUGATION, its affiliates, subsidiaries, and their respective directors, employees, officers, and agents harmless against any claims or liability asserted against CONJUGATION arising from any breach by you or anyone acting on your behalf of the Terms and Conditions of this Agreement. You shall defend, indemnify, and hold CONJUGATION, its affiliates, subsidiaries, and their respective directors, employees, agents, and officers harmless from all damages, liabilities, and expenses (including reasonable attorney's fees and authorized costs) resulting from a breach of this Agreement due to claims by third parties related to your use and actions under this Agreement. This indemnification is in addition to CONJUGATION's right to terminate for a breach of representations and warranties and does not waive or limit CONJUGATION's other rights or remedies.

9. GOVERNING LAW AND JURISDICTION
Any dispute, violation, controversy, contest, or claim arising out of or related to this Agreement or its breach, termination, or validity (hereinafter referred to as "Disputes") shall be amicably resolved in the first instance. The parties agree to meet in good faith to resolve such disputes. If a resolution is not reached within [30] days from the commencement of the dispute or a mutually agreed extended period in writing, the dispute shall be referred to arbitration. It will be finally resolved through arbitration conducted by a tribunal of three arbitrators. Each party has the right to appoint an arbitrator, who will then appoint a Presiding Arbitrator. The Presiding Arbitrator shall issue a speaking award, and the majority's decisions shall be final and binding. The arbitration shall be in accordance with the Indian Arbitration and Conciliation Act 1996 and Rules in force. The seat of arbitration shall be Kolkata, India. This Agreement shall be construed and governed by the laws of India without giving effect to their conflict of laws principles. The courts in Kolkata, India, shall have exclusive jurisdiction.
10. TERMINATION
CONJUGATION reserves the right, without notice in its sole discretion, to terminate your account and/or block your use of the Website. Upon termination, you must immediately destroy and cease to use all materials obtained from this Website, including copies and related documentation.
11. REMEDY FOR BREACH
You acknowledge that any breach of this Agreement by you or your representatives would cause CONJUGATION irreparable harm, injury, loss, and damage, for which monetary damages would not be an adequate remedy. Therefore, in addition to any other remedies CONJUGATION may have at law or in equity, CONJUGATION shall be entitled to injunctive and other equitable relief in the event of any such breach by you or your representatives.
12. SEVERABILITY
If one or more provisions contained in this Agreement are found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
13. WAIVER
No action of CONJUGATION, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of CONJUGATION of its rights or remedies will not operate as a waiver of such rights or remedies. A single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion. Any rights not expressly granted herein are reserved.

14. CONJUGATION RESERVES
CONJUGATION reserves the right to change any terms and conditions contained in this Agreement or any policy or guideline of the Website at any time and in its sole discretion. Your continued use of the Website following the posting of such changes will constitute your acceptance of such changes.
15. CANCELLATION POLICY
CONJUGATION believes in assisting its customers and has a liberal cancellation policy. If you receive a product that does not match the site description or your expectations, notify our customer service within 24 hours of receiving the product. The Customer Service Team will review your complaint and make an appropriate decision.
16. PRICING POLICY
Our pricing policy outlines the terms and conditions for both free and paid images on our platform. Please read this policy carefully before using our services.
16.1 FREE IMAGES:
   - Users may upload and download free images without incurring any charges.
   - Free images are subject to our terms of use and licensing agreements.
   - Users are encouraged to respect copyright and licensing agreements when using free images.
16.2 PAID IMAGES:
   - Users have the option to set their own pricing for images they upload to the platform.
   - The pricing set by the user is inclusive of any licensing fees they wish to charge.
   - Additionally, transaction and platform fees will be applied to the user-set price to calculate the final cost for the buyer.
16.3 TRANSACTION AND PLATFORM FEES:
   - For each paid image transaction, Genaistory charges a transaction fee.
   - The transaction fee is a percentage of the total cost
   - In addition to the transaction fee, a platform fee is applied to cover the operational costs of maintaining the website.
   - The platform fee is also a percentage of the total cost
16.4 PAYMENT PROCESSING:
   - Genaistory uses secure third-party payment processors to handle all financial transactions.
   - Users are required to comply with the terms of use of the chosen payment processor.
   - Genaistory does not store any sensitive payment information on its servers.
16.5 PRICING CHANGES:
   - Users may update the pricing of their images at any time.
   - Genaistory reserves the right to adjust transaction and platform fees, with any changes, at any time
16.6 REFUNDS:
   - Refunds are subject to the terms and conditions outlined in our Refund Policy.
   - Users are encouraged to review the Refund Policy to understand the circumstances under which refunds may be issued.
17. REFUND POLICY
Refunds will not be issued once payment is completed. We strongly urge you to carefully review the policy and other relevant details before making any purchasing decisions.