1. Introduction
XFakes.net is an online platform that provides tools based on artificial intelligence for editing videos using personal photographs. These Terms of Use establish the conditions and criteria for accessing and using the website. By accessing or using the service, the User declares that they have read, understood, and fully agreed to the provisions described herein.
2. Use of Photographs and Image Rights
2.1. The User is not authorized to upload, send, or use photographs of third parties without the prior, express, and formal consent of the person depicted, in accordance with applicable legislation on image rights, privacy, and intellectual property under the relevant legal standards.
2.2. The User is solely responsible for obtaining the necessary authorizations before using any images or data of third parties.
2.3. XFakes.net assumes no responsibility for any misuse of images or data of third parties by the User.
3. Authorized Use
When using the service, the User undertakes to act lawfully and ethically, refraining from violating intellectual property rights, personality rights, and data protection regulations, including the LGPD (Law No. 13.709/2018 – Brazil), as well as the General Data Protection Regulation of the European Union (GDPR – Regulation EU 2016/679) or any other applicable legislation.
4. Prohibited Use
The User agrees not to:
(i) Use the service in a manner that violates laws or regulations of any applicable jurisdiction, including rules on copyright, privacy, data protection, obscenity, or pornography.
(ii) Engage in conduct that restricts or inhibits the use of the service by other users, or which, at our discretion, may harm the platform or expose it to liability.
(iii) Create, store, or share any illegal content, including – but not limited to – material involving child pornography, revenge pornography, extreme violence, incest, rape, bestiality (zoophilia), sexual exploitation, use of illegal drugs, prostitution, or any content that violates national or international laws on obscenity or pornography.
(iv) Use or generate the image of any person without their explicit consent.
Sanctions: Failure to comply with any of the above provisions may result in permanent suspension from the service and the initiation of appropriate legal actions.
5. Responsibility for Content
XFakes.net does not store, monitor, or assume any responsibility for content produced or shared by users. All generated material is the exclusive property and responsibility of the User, including any legal or civil consequences.
The User acknowledges that:
- XFakes.net does not claim intellectual property rights over the generated content.
- The use, distribution, or reproduction of the content is solely the responsibility of the User.
6. Limitation of Liability
Under no circumstances will XFakes.net, its directors, employees, partners, or affiliates be liable for direct or indirect, incidental, or punitive damages, including financial losses, misuse of data, or other actions resulting from:
(i) Misuse of the artificial intelligence tool provided on the website.
(ii) Conduct carried out exclusively by third parties.
(iii) Content generated through the website used in violation of these Terms of Use.
(iv) Unauthorized access, use, or sharing of the generated content, regardless of the applicable legal theory, even if warned of the possibility of such damages.
7. Indemnification
The User agrees to indemnify, defend, and hold harmless XFakes.net, its directors, and employees from any claims, damages, obligations, losses, costs, or expenses (including attorney fees) arising from:
(i) Use or access to and misuse of the service.
(ii) Violation of these Terms or the rights of third parties.
(iii) Any claim that content generated by the User caused harm to third parties.
8. Changes and Termination
XFakes.net may modify or update these Terms of Use at any time without prior notice to users. Continued use of the service after the changes take effect implies full acceptance of the new Terms. If the User does not agree, they must immediately cease using the platform.
9. Applicable Law and Jurisdiction
These Terms of Use are governed by the laws of the Republic of Cyprus, without prejudice to the application of mandatory provisions of other jurisdictions, including the GDPR and local data protection laws. The competent court in Cyprus is designated, unless otherwise required by mandatory legal provisions.
10. Final Provisions
If any clause of these Terms is deemed invalid, the remaining provisions will remain fully in effect.
11. Definitions
XFakes.net: Refers to the website and its operators.
User: Person who accesses or uses the service.
Content: All material sent or generated by the User, including photographs, videos, and other media.
12. Contact
For questions or requests regarding these Terms, please contact via email: [email protected]