These Terms of Service ("Terms") govern your access to and use of the SummonYourFriends website, platform, and services (collectively, the "Service") operated by CrewFirst LLC ("Company," "we," "us," or "our"), a New York limited liability company.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
1. Description of Service
2. Eligibility
3. Account Registration
4. User-Submitted Content
4.1 Photographs and Descriptive Information
- You own all rights to the User Content, or you have obtained all necessary permissions, consents, and authorizations from the individuals depicted in any photographs you upload and from any other rights holders, to submit such content to the Service and to authorize the Service to process it as described herein;
- The individuals depicted in any photographs you upload have consented to the use of their likeness for the creation of custom trading cards through the Service;
- Your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, rights of publicity, rights of privacy, or any other legal rights;
- Your User Content does not depict any individual under the age of 18 without the express written consent of their parent or legal guardian;
- You will not upload photographs of deceased public figures, celebrities, or other individuals whose estates actively manage their posthumous right of publicity, without the authorization of the relevant rights holders;
- Your User Content does not contain any material that is defamatory, obscene, threatening, harassing, or otherwise unlawful.
4.2 License to User Content
4.3 User Content Responsibility
5. AI-Generated Content
5.1 Nature of AI-Generated Content
5.2 Originality of Generated Content
5.3 No Warranty of Accuracy or Fitness
5.4 Ownership of Generated Content
6. Prohibited Uses
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
- Upload photographs or content depicting individuals without their knowledge or consent;
- Upload photographs of deceased public figures for the purpose of commercial exploitation of their likeness;
- Use the Service to create content that is defamatory, harassing, threatening, or intended to cause harm to any individual;
- Attempt to reproduce, replicate, or generate content that infringes upon the intellectual property rights of any third party, including but not limited to trademarked characters, copyrighted works, or patented designs;
- Use the Service to create cards that could reasonably be confused with official products of any existing trading card game, franchise, or brand;
- Resell, commercially distribute, or commercially exploit cards generated through the Service without the prior written consent of the Company;
- Attempt to circumvent, disable, or interfere with any security, content-filtering, or rights-management features of the Service;
- Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use of the Service;
- Use automated scripts, bots, or other automated means to access the Service or generate content in bulk without authorization.
7. Orders, Pricing, and Payment
7.1 Pricing
7.2 Payment Processing
7.3 Order Fulfillment
7.4 Refunds and Returns
7.5 Promotional Codes
8. Intellectual Property
8.1 Company IP
8.2 Trademark
8.3 Third-Party Intellectual Property
9. DMCA and Intellectual Property Complaints
The Company respects the intellectual property rights of others. If you believe that any content generated through or displayed on the Service infringes your intellectual property rights, you may submit a notice to our designated agent:
CrewFirst LLC
418 Broadway, Albany, NY
Email: dmca@summonyourfriends.com
Your notice must include:
- Identification of the copyrighted work or intellectual property you claim has been infringed;
- Identification of the material on the Service that you claim is infringing, with sufficient detail for us to locate it;
- Your contact information, including name, address, telephone number, and email address;
- A statement that you have a good faith belief that the use of the material is not authorized by the rights owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights owner or authorized to act on behalf of the rights owner;
- Your physical or electronic signature.
Upon receipt of a valid notice, the Company will promptly investigate and, if appropriate, remove or disable access to the allegedly infringing content.
10. Privacy
11. Disclaimer of Warranties
THE SERVICE AND ALL GENERATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THAT GENERATED CONTENT WILL BE FREE OF ERRORS, INACCURACIES, OR REFERENCES TO THIRD-PARTY INTELLECTUAL PROPERTY.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:
- YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE;
- ANY GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO ANY CLAIMS THAT GENERATED CONTENT INFRINGES THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS OR VIOLATES ANY PERSON'S RIGHT OF PUBLICITY;
- ANY USER CONTENT YOU SUBMIT TO THE SERVICE;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE SERVICE;
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER CONTENT OR ACCOUNT;
- ANY DEFECTS, DELAYS, OR ERRORS IN THE MANUFACTURING OR SHIPPING OF PHYSICAL CARDS BY OUR THIRD-PARTY PRINT FULFILLMENT PARTNERS;
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, members, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service;
- Your User Content, including any claims that your User Content infringes or violates any third party's rights;
- Your violation of these Terms;
- Your violation of any applicable law or regulation;
- Any claim by a third party that your use of the Service (including the creation of cards depicting their likeness) violated their rights.
14. Dispute Resolution and Arbitration
14.1 Informal Resolution
14.2 Binding Arbitration
14.3 Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
14.4 Exceptions
15. Governing Law
16. Modifications
17. Termination
18. Severability
19. Entire Agreement
20. Contact Information
CrewFirst LLC
418 Broadway, Albany, NY
Email: support@summonyourfriends.com