Effective: December 11, 2024
Thank you for visiting Dataland! These Terms of Use (“Terms”) are entered into by and between you and Dataland, Inc. (“Dataland,” “we,” or “us”) and apply to your access and use of the Large Nature Model (“LNM”), its associated software, and any websites related to Dataland (collectively referred to as “Services”).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE OUR SERVICES.
Minimum Age
You must be at least 18 years old or meet the minimum age required in your country to consent to use the Services. If you are under the age of 18, you must have the consent of a parent or legal guardian.
Registration
To access certain features of the Services, you may need to create an account. You are responsible for providing accurate information and safeguarding your account credentials. Account sharing is not permitted. You are responsible and liable for any activity under your account.
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, including in relation to the Output.
Permitted Use
Subject to compliance with these Terms, you may access and use our Services for educational, creative, and research purposes.
Prohibited Use
You may not or permit any third party to:
We reserve the right to suspend your access to the Services if we reasonably determine that you are in breach of the above restrictions or otherwise using the Services in violation of these Terms.
Your Input and Output
You may provide text input to the Services (“Input”) and receive AI-generated content based on this Input (“Output”). By submitting Input to our Services, you represent and warrant that you have all rights, licenses, and permissions that are necessary for us to process the Input. As between you and Dataland, and to the extent permitted by applicable law, you retain any ownership rights that you have in the Inputs that you submit. You are responsible for our Input, including ensuring that it does not violate applicable laws or these Terms. You recognize and agree that any Output may include content subject to third party intellectual property rights, including rights that may block your use of such Output, and we offer no representation or warranty to the contrary. We do not claim any ownership of intellectual property rights in any Output and do not contest your claim to own such rights, in each case except to the extent that Output includes any work of authorship in training data that is subject to copyright owned by us or a third party. We use your Input to improve the quality of the Services, while prioritizing data privacy and ethical considerations. If you prefer not to have your Input used for training purposes, you may opt out by contacting us at hello@dataland.art.
Accuracy and Review
The nature of AI-generated content means that the Output may not always be accurate or complete. It is your responsibility to review and verify the Output before using it in any context. Outputs may include interpretations of natural phenomena or cultural data that are subject to inherent biases or limitations.
Ethical Use of Nature Data
We prioritize the ethical use of natural and cultural data, respecting the sources of its datasets. You agree not to use our Services in a manner that disrespects indigenous knowledge, cultural heritage, or natural ecosystems. The LNM datasets are curated to support environmental awareness and should be used in ways that align with principles of sustainability and equity.
Feedback
We welcome your feedback on the Services. By providing feedback, you grant us the right to use it without restriction or compensation.
We, and our affiliates, licensors, or service providers, as applicable, retain all intellectual property rights to the Services, including the underlying models and datasets. You may use the Outputs in accordance with these Terms, but may not claim ownership over the datasets or any proprietary components. We reserve all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted in these Terms, nothing in these Terms grants to you any intellectual property rights or other right, title, or interest in or to the Services.
The Services may include access to or integrations with third-party content, products, or services. These third-party content, products, and services are governed by their own terms and conditions, and we are not responsible for any third-party content, products, or services. Your use of any third-party content, products, or services is at your own risk.
Certain features of our Services may require you to pay fees in order to access and use such features. You are responsible for providing accurate and complete billing information and paying any applicable fees for your access and use of the Services. Unless otherwise specified in these Terms, all payments are non-refundable.
We comply with our Privacy Policy, available at Privacy Policy, in providing the Services. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.
You may discontinue use of the Services at any time. We reserve the right to suspend or terminate your access if you violate these Terms, if required by law, or if your use poses a risk to the security or integrity of the Services or any other user. Any right or obligation which, by its nature and context is intended to survive termination of these Terms, will survive termination.
THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, PARTNERS, AND LICENSORS MAKE NO WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) REGARDING THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, NOR DO WE WARRANT THAT THE OUTPUTS WILL BE COMPLETE, ACCURATE, OR UNALTERED.
YOU ACKNOWLEDGE AND AGREE THAT ANY USE OF OUTPUTS FROM THE LNM IS AT YOUR OWN RISK. LNM OUTPUTS SHOULD NOT BE RELIED UPON AS THE SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL OR SCIENTIFIC ADVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DATALAND, OUR AFFILIATES, AND OUR LICENSORS SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, LOSS OF USE, LOST DATA, FAILURE OF SECURITY MECHANISMS, OR INTERRUPTION OF BUSINESS) ARISING FROM THESE TERMS, WHETHER UNDER THEORY OF CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR ACCESS TO THE SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM OR (B) $100.
You agree to indemnify and hold us, our affiliates, licensors, directors, employees, agents, successors, and assigns harmless from and against any and all claims, liabilities, judgments, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to your breach of these Terms, your use of the Services or your violation of applicable laws, rules or regulations in connection with your access to or use of the Dataland website.
Before you or we file a claim against the other, you and we both agree to try to resolve any dispute informally and in good faith.
Arbitration
If you and we are unable to resolve any dispute informally, either you or we may commence arbitration. Any dispute, controversy or claim arising under, out of or relating to these Terms, will be finally determined by arbitration conducted by JAMS (or, if unavailable, then such other similar group that can provide former judges as arbiters) in accordance with the Rules of Arbitration of the International Chamber of Commerce applicable to commercial disputes by a single arbiter who is (a) fluent in written and spoken English, the language governing these Terms, and (b) skilled and experienced with artificial intelligence services. The place of such arbitration will be in Los Angeles, California (or any other venue as agreed by you and us). The judgment of the arbitrator will be final, non-appealable (to the extent not inconsistent with applicable law) and binding upon the parties, and may be entered in any court of competent jurisdiction. The foregoing does not limit or restrict either you or us from seeking injunctive or other equitable relief from a court of competent jurisdiction. You may opt out of arbitration within 30 days of creating an account with us or of any updates to these dispute resolution terms by contacting us at hello@dataland.art. In the opt out notice, you must include your name and email address used for your account, and a clear statement that Customer elects to opt out of this arbitration agreement.
Assignment
You may not assign or transfer any rights or obligations under these Terms without prior written consent from us. Any unauthorized attempt to do so will be void. We reserve the right to assign these Terms without restriction.
Changes to These Terms or Services
We are committed to continually developing and improving the Services. As part of this ongoing process, we may update these Terms or make adjustments to our Services. Changes may occur due to:
All changes to these Terms will be effective immediately upon posting on our website. If you do not agree with the updated Terms, you must discontinue use of the Services.
Enforcement Delay
Our decision not to enforce any provision of these Terms does not constitute a waiver of our rights to enforce it later. If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will still be enforced to the fullest extent permitted by law.
Trade Compliance
You agree to comply with all applicable trade laws, including export control and sanctions regulations. The Services may not be used in, for the benefit of, or exported or re-exported to any country or entity subject to U.S. embargoes or sanctions. Additionally, you may not use the Services for any purpose that would violate applicable trade laws, nor may your Input contain materials that require a government license for export or release.
Entire Agreement
These Terms constitute the entire agreement between you and Dataland regarding the Services and supersede any prior agreements, understandings, or representations related to the subject matter.
Governing Law
These Terms will be governed by the laws of the State of California, excluding its conflict of laws principles. Any disputes arising out of or related to these Terms shall be resolved exclusively in the federal or state courts of Los Angeles, California, and you and Dataland submit to the personal and exclusive jurisdiction of those courts. By accessing our Services, you waive any claims that may arise under the laws of other jurisdictions.
Contact Us
If you have any questions or concerns about these Terms, please contact us at hello@dataland.art
The DATALAND name and logos and service marks of DATALAND (collectively the “DATALAND TRADEMARKS”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to DATALAND. All of these rights are expressly reserved in the name of DATALAND and/or its affiliates. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of DATALAND’s Trademarks or any other intellectual property of DATALAND, without DATALAND’s prior written permission in each instance. All rights in such intellectual property are reserved by DATALAND and/or its affiliates, and all goodwill generated from the use of DATALAND’s Trademarks will inure to our exclusive benefit.
DISCLAIMERS
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE, (III) THE SITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFUL MISCONDUCT.