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Content Policy

The content on our website is the sole responsibility of the individuals or entities who make it available. We neither endorse nor guarantee the accuracy, integrity, or quality of such content. We reserve the right to monitor, review, and remove any content at our discretion. Users are solely responsible for the content they post or make available on our website, and for any consequences arising from their use of our services or content. We shall not be held liable for any loss or damage resulting from your use of any content.

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By posting or making your content available on our website, you acknowledge and agree to the following:

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You own the Content you create, but you grant us a worldwide, royalty-free, and non-exclusive license to use, display, publish, reproduce, distribute, and make derivative works of such Content to provide Services and as otherwise permitted under these Terms and our Privacy Policy.

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Your Content will be viewed by others, and as a result:

If you set your Content as public, you grant each User a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, display, publish, reproduce, distribute, and make derivative works of your Content through our Services and functionalities.

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If you designate your content as private, we will take reasonable measures to maintain its confidentiality and protect it from unauthorized access or disclosure.

 

However, we may access or disclose your private information in accordance with our Terms and Privacy Policy.

 

When content is accompanied by a standard license notice (such as an open-source license), the terms of that license should continue to apply when the content is accessed, distributed, or used further. Neither party is allowed to remove any reference to such a license.

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You agree that any Content you download, access, or use from us or another User is at your own risk and subject to these Terms and/or the terms accompanying such Content.

Content Rules

These rules apply to all Content posted on Earth & Dusk. Staff and or Moderators consider context and intent while enforcing the community rules. Moderators may flag or remove content or users at their discretion.

Mature Content Definition:

Content containing nudity, sexual situations, provocative/revealing attire, blood/gore, death, or other mature themes.

Content Removal Criteria:

  • Content depicting or intended to depict real individuals or minors (under 18) in a mature context. For a more detailed explanation, please review our guidelines on depicting the likeness of real people and depicting minors.

  • Uncensored mature content in groups, forums or shared galleries.

  • Content promoting illegal or violent activities, including, but not limited to:

    • child abuse and exploitation

    • rape and domestic abuse

    • illegal substances or product sales requiring permits/licenses (e.g., pharmaceuticals, narcotics, pets, firearms)

    • fraud, deception, or false impersonation

    • brutal fights, graphic injuries, or human death

    • graphic violence or bestiality

  • "Loli", "lolicon", "shota", "shotacon" content

  • Content depicting or intended to depict photorealistic minors, regardless of context. For a more detailed explanation, please refer to our guidelines on depicting photorealistic minors.

  • Content depicting the excrement of "scat" or fecal matter.

  • Content that is disrespectful, offensive, or promotes hate speech, discrimination, or harassment based on, but not limited to:

    • Religion or religious beliefs

    • Nationality, ethnicity, or race

    • Gender or sexual orientation

    • Disability or medical conditions

  • Content Duplication and false impersonation.

    • Content falsely labeled as having been created or endorsed by another creator, or impersonates another creator on the site.

If you believe your content has been removed unfairly, you can submit an appeal through our Appeal Form for further review by a team separate from the moderation team.

For additional information about how content is moderated, please review our Content Moderation Policy.

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Content Rules: Minors

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As our community grows, we're committed to creating a safe, inclusive, and respectful environment for everyone. We are dedicated to harnessing the potential of AI responsibly, prioritizing the safety and wellbeing of minors. In line with this, we've refined our guidelines for content depicting minors.

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Depicting Minors

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Portraying minors in any inappropriate or suggestive context is strictly prohibited. This includes:

  1. Clothing: All attire should be age-appropriate and conservative. The benchmark is elementary, middle, and high school dress codes. Ask, "Would this outfit be suitable for a school day?" If not, refrain from using it.

  2. Photorealism: Photorealistic images that could be mistaken for a real minor are strictly prohibited.

  3. Poses: Poses should be natural, innocent, and age-appropriate. Avoid any poses and facial expressions that could be misinterpreted as suggestive or inappropriate.

  4. Interactions: Interactions between minors and adults, or between minors themselves, should be appropriate, non-suggestive, and common in a wholesome, everyday context.

DMCA, Liability Policies

Liability

Neither of us (or any of our affiliates, subsidiaries, contractors, licensors, officers, directors, agents, or employees ("Related Parties")) will be liable for any indirect, incidental, consequential, punitive, special, or other similar damages, including loss of revenue, profits, data, benefits, or savings, whether or not due to the fault or negligence of the company or related parties, and regardless of whether either of us or our related parties have been advised of the possibility of such damages or losses.

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DMCA

If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on Earth and Dusk violates your rights, please contact us via our convenient DMCA form or by emailing kieranxsomer@gmail.com. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses. We will terminate the Accounts of repeat infringers of this policy.

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Disclaimer of Warranties

Earth and Dusk's services are provided on an AS IS – WITH ALL FAULTS basis. Your use of our service is entirely at your own risk. We do not guarantee the availability of our service at any given time, or the reliability of our service when it is running. We do not guarantee the integrity of, or the continued availability of, files on our servers. Whether we make backups, and if so, whether restoration of those backups will be available to you, is at our discretion.

 

EARTH AND DUSK DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. NOTWITHSTANDING ANYTHING ELSE STATED IN THESE TERMS, AND IRRESPECTIVE OF WHETHER CIVITAI TAKES OR DOES NOT TAKE MEASURES TO REMOVE INAPPROPRIATE OR HARMFUL CONTENT FROM ITS SITE, EARTH AND DUSK HAS NO DUTY TO MONITOR ANY CONTENT ON ITS SITE. EARTH AND DUSK DOES NOT ASSUME RESPONSIBILITY FOR THE ACCURACY, APPROPRIATENESS, OR HARMLESSNESS OF ANY CONTENT APPEARING ON OUR WEBSITE THAT IS NOT PRODUCED BY EARTH AND DUSK INCLUDING BUT NOT LIMITED TO USER CONTENT, ADVERTISING CONTENT, OR OTHERWISE.

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Your sole remedy for the loss of any services and/or of any images or other data you may have stored on Earth and Dusk's service is to discontinue your use of our service. Earth and Dusk WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, EARTH AND DUSK'S SERVICES, EVEN IF EARTH AND DUSK HAS BEEN ADVISED OF OR REASONABLY SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NO CAUSE OF ACTION ARISING OUT OF YOUR USE OF EARTH AND DUSK'S SERVICES MAY BE BROUGHT MORE THAN ONE YEAR AFTER IT OCCURS.

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Change

We have the right to change or otherwise update these Terms at anytime and without notice. All changes made to these terms are retroactive and apply to any and all users, content and communications, overriding any previously agreed upon terms.

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Definitions

"Us/we" Refers to Earth and Dusk'and its operators. "You" Refers to any user that has accessed this site with any intention other then viewing this TOS. "Content" Refers to any review, image, file, or link uploaded to or accessed from this site.

Indemnity

You are solely and exclusively responsible for your use of Earth and Dusk.

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In this regard, you agree to indemnify, defend and hold harmless us and Related Parties from all claims, liability, and expenses, including attorney's fees, arising out or in connection with your use of (or inability to use) the Services, including but not limited to your violation of these Terms, applicable law or regulation, any Content or data posted or used by you, or any other party's use of any Service with your credentials, unless arising directly from Earth and Dusk's fraud, gross negligence, recklessness, or willful or criminal misconduct, provided that we provide you with (i) a prompt written notice of the claim, demand, suit or proceeding, (ii) sole control of the defense and settlement of the claim, demand, suit or proceeding, and (iii) all reasonable assistance and cooperation in connection with the defense and settlement of the claim, at its own expense.

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