Terms and Conditions

1. Acceptance of Terms

By accessing, browsing, or using VHS Label Generator and its related sites, APIs, and tools (the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree to these Terms in their entirety, you must stop using the Service.

These Terms are a legally binding agreement between you ("you" or "your") and the operators of the Service. In these Terms, "we," "us," and "our" mean those operators together with their owners, affiliates, employees, contractors, moderators, and agents.

SECTIONS 10, 11, 12, 19, AND 20 LIMIT OUR LIABILITY, REQUIRE YOU TO COVER CERTAIN CLAIMS, AND WAIVE CLASS ACTIONS AND JURY TRIALS. PLEASE READ THEM CAREFULLY.

2. Scope of License and Permitted Use

You expressly agree that you shall NOT use the Service for any of the following purposes:

• Commercial purposes: Including but not limited to selling labels, offering label creation as a paid service, using labels in connection with the sale of any products, or any activity intended to generate revenue
• Counterfeiting or fraud: Creating labels intended to deceive others into believing unofficial copies are legitimate commercial products, or any other fraudulent purpose
• Mass production or distribution: Large-scale production of labels for distribution, resale, or any purpose beyond personal use
• Reselling the Service: Reselling, sublicensing, or redistributing the Service, its templates, or access to it
• Any unlawful purpose: Any use that violates applicable local, state, national, or international law or regulation

3. Business Inquiries

For business opportunities, partnerships, collaborations, or any commercial inquiries regarding the Service, please contact us at:

All business inquiries will be reviewed and responded to at our discretion. Submission of an inquiry does not guarantee a response or create any obligation on our part.

4. Intellectual Property Rights

The Service retrieves images, logos, metadata, and other content from third-party sources. All such materials are protected by applicable copyright, trademark, and other intellectual property laws.

• All movie posters, album artwork, logos, and related materials remain the exclusive property of their respective copyright and trademark holders
• The Service is a design tool. You choose what goes on a label and what you do with it. We do not sell, license, or print third-party content, and we do not review your designs
• We are not affiliated with, endorsed by, or sponsored by any studio, record label, game publisher, retailer, rental chain, or other brand whose name, logo, or packaging style can appear in the Service
• You acknowledge and agree that the Service does not transfer or grant you any rights, title, or interest in any third-party intellectual property
• You are solely responsible for ensuring that your use of any generated labels complies with all applicable copyright, trademark, and other intellectual property laws
• Nothing in these Terms or on the Service is legal advice regarding fair use or any other legal doctrine
• We own the Service itself, including its software, templates, die lines, layouts, presets, and original graphics. You may not copy, resell, or redistribute them except as these Terms allow, or use them to train any machine learning model
• If you send us suggestions or feedback, we may use them for any purpose without paying or crediting you

5. User Representations and Warranties

By using the Service, you represent, warrant, and covenant that you shall:

• Use the Service only for lawful purposes and in compliance with all applicable laws and regulations
• Respect and not infringe upon the intellectual property rights of third parties
• Not attempt to circumvent, disable, or interfere with any security features, access controls, payment requirements, or usage limitations of the Service
• Not use the Service to create, distribute, or display any content that is offensive, defamatory, obscene, or otherwise objectionable
• Not interfere with, disrupt, or place an undue burden on the Service, its servers, or networks connected to the Service
• Not use any automated means, including bots, scrapers, or scripts, to access the Service without our express written permission, except through the API and agent tools we provide and within their limits
• Keep your account and API keys secure. You are responsible for everything done with them, including by any AI agent or tool you connect. We may limit, change, or revoke API access at any time
• Provide accurate information, and not share a membership or create accounts to get around a limit, suspension, or ban

6. Memberships and Payment Terms

If you purchase a membership, the following terms apply:

• Your payment buys access to the Service's tools and features. It does not buy any right to third-party content, and it does not lift the personal use restrictions in Section 2
• Payments are handled by third-party payment processors, and your use of them is subject to their terms. Where Bitcoin is offered, on-chain payments cannot be reversed by us, and we may revoke access if a payment is replaced, dropped, or fails to confirm
• Recurring memberships renew automatically at the end of each billing period unless cancelled before the renewal date
• You may cancel at any time through your account's billing settings. Cancellation takes effect at the end of the current billing period
• Except where the law requires otherwise, fees are non-refundable. We may grant a refund case by case at our sole discretion, and one refund does not entitle you to another
• We may change prices and what each tier includes. A price change applies from your next billing period after we give notice, and you can cancel before then
• Trials, invite passes, referral credits, and earned rewards have no cash value, can change or end at any time, and may be voided or withdrawn if we believe they were obtained through abuse
• You are responsible for any taxes that apply. A chargeback or payment dispute may lead us to suspend your account while it is resolved

7. Saved Designs and User Content

The Service allows you to save designs, upload files, and publish or share your work. By using these features, you acknowledge and agree to the following:

• Your Content: You keep ownership of the original content you upload or create ("User Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, and display it as needed to operate the Service. This license ends when you delete the content, except for copies in backups and copies we must keep under the law
• Published and Shared Designs: If you publish a design to the community showcase, or share a link to it, you choose to make it visible to others. For published designs, you also grant us a license to display, promote, and link to the design, its preview image, and your public profile on the Service and in its promotion, and others may open a copy of it to make their own. These licenses end for future use when you unpublish or delete the design
• User Responsibility: You are solely responsible for your User Content. You represent that you have the rights needed to upload, use, and publish it, and that it does not infringe anyone's rights, violate any law, or contain harmful or offensive material
• No Duty to Monitor: We do not review User Content before it appears and have no duty to do so. We may remove or hide any User Content, without notice, if we believe it violates these Terms or the law or could expose us or others to harm
• Limits: We may set and change limits on how many designs and files you can keep
• No Backup Guarantee: We do not guarantee that saved designs or uploads will never be lost, and the Service is not a backup. Keep your own copies of anything important

8. Community Chat and Conduct

The Service includes an optional real-time community chat with an AI assistant. Access requires an account and may be limited or changed at any time. By participating in the chat, you acknowledge and agree to the following:

• House Rules: You will be respectful of others and will not post content that is harassing, hateful, threatening, defamatory, obscene, sexually explicit, or otherwise objectionable, and you will not post spam, advertising, chain messages, or unlawful content
• No Private or Infringing Content: You will not post other people's personal or confidential information, or any content that you do not have the right to share, including content that infringes the intellectual property or privacy rights of others
• Moderation: We and our moderators may, in our sole discretion and without prior notice, remove messages, mute or ban users, and restrict, suspend, or revoke chat access for any conduct we believe violates these Terms or is harmful to the community or the Service. We have no duty to monitor the chat
• Other Members: Messages are the views of the people who post them, not ours. We are not responsible for what other members post or do
• AI Assistant: When you interact with the chat assistant, the content of your message may be sent to a third-party AI provider to generate a response, as described in our Privacy Policy. Assistant responses are generated automatically, may be inaccurate or incomplete, do not bind us, and must not be relied upon as professional, legal, or financial advice
• Your Messages: You are solely responsible for the content you post, and you grant us a non-exclusive license to store, display, and distribute your messages within the Service. Messages you delete are removed from view but may be retained in our systems and backups
• Visibility: Messages you post are visible to other chat members and are not private between you and us. Do not post anything you wish to keep private from other members

9. Third-Party Services and Content

The Service relies on third-party content sources and service providers. Your use of content obtained from them may be subject to their own terms, which you are responsible for reviewing. Features that use YouTube data are subject to the YouTube Terms of Service (https://www.youtube.com/t/terms).

We make no representations or warranties regarding the availability, accuracy, or reliability of any third-party service or content, and we are not responsible for them. Any of them may change or stop working with the Service at any time, and we may change the providers we use without notice.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Service, including search results, metadata, and AI output, will be accurate, complete, or reliable
• The Service will meet your specific requirements or expectations
• Any errors or defects in the Service will be corrected
• The Service or the servers that make it available are free of viruses or other harmful components
• Any template, die line, dimension, color, or export will print accurately or fit any case, sleeve, tape, disc, or label stock. Some sizes are estimates. Test print before you commit to a print run; we do not cover printing costs or wasted materials
• Anything you print is safe to use in any device. You use printed labels at your own risk, and we are not responsible for damage to any tape, disc, case, player, printer, or other property

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US$50.

This limitation of liability applies regardless of the legal theory upon which such damages are claimed, including but not limited to contract, tort (including negligence), strict liability, or any other theory, and regardless of whether we have been advised of the possibility of such damages. This includes, without limitation, any claims related to intellectual property infringement resulting from your use of generated labels.

To the extent the law allows, any claim relating to the Service or these Terms must be brought within one (1) year after it arises, or it is permanently barred.

Some jurisdictions do not allow certain exclusions or limits. Nothing in these Terms excludes liability that cannot be excluded by law, or takes away consumer rights that cannot be waived where you live.

12. Indemnification

To the extent the law allows, you agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of any third party, including intellectual property rights; (d) any content you create, upload, publish, or share using the Service; or (e) any sale, printing, or distribution of labels or other items made with the Service. We may take over the defense of any such claim, in which case you will cooperate with us, and you may not settle a claim that affects us without our written consent.

13. Suspension, Termination, and Changes to the Service

We reserve the right, in our sole discretion, to terminate or suspend your access to all or any part of the Service at any time, with or without notice, for any reason, including but not limited to: (a) conduct that we believe violates these Terms; (b) conduct that is harmful to other users, us, third parties, or the Service; (c) upon request by law enforcement or other government agencies; or (d) for any other reason we deem appropriate. Upon termination, your right to use the Service will immediately cease, and we may delete your account and content. If we terminate you for violating these Terms, you are not entitled to a refund. We may also change, limit, or discontinue any feature or the whole Service at any time. We are not liable to you for doing so, though if we permanently shut down the paid Service we will consider a pro rata refund of prepaid fees. Sections 4 and 10 through 21 survive termination.

14. Modifications to Terms

We may update these Terms from time to time. The "Last Revised" date at the top will show the date of the most recent changes. For a material change, we will give reasonable notice, such as a notice on the Service, an email, or a request to accept the new Terms. Changes apply going forward, and your continued use of the Service after they take effect means you accept them. Changes do not apply to a dispute that arose before they were posted. If you do not agree to a change, you must stop using the Service.

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and that provision will be limited only as much as needed to make it enforceable.

16. Eligibility and Age Requirements

You must be at least thirteen (13) years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement. If you are under the age of eighteen (18), you represent that you have obtained the consent of a parent or legal guardian to use the Service and agree to these Terms. We reserve the right to request proof of age at any time and to terminate access if we have reason to believe you do not meet the eligibility requirements.

17. Privacy Policy

Our Privacy Policy describes how we collect, use, and share personal information. It is incorporated into these Terms by reference and is available at: vhs.texs.org/privacy

18. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of law principles. Except for small claims as described in Section 19, you agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in New York County, New York, and you hereby consent to the personal jurisdiction and venue of such courts. If you are a consumer in a country whose law gives you rights that cannot be waived, those rights still apply.

19. Dispute Resolution

Most concerns can be resolved through open communication. Before you file any claim, you agree to first send a written description of the dispute and what you are asking for to privacy@texs.org. You and we will then try in good faith to resolve it for at least sixty (60) days, and any deadline to file is paused during that time. Either of us may still bring an individual claim in small claims court if it qualifies, or ask a court for urgent relief to protect intellectual property or the security of the Service.

20. Class Action and Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND WE EACH AGREE THAT ANY CLAIM MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND WE EACH ALSO WAIVE ANY RIGHT TO A TRIAL BY JURY.

21. Entire Agreement and General Terms

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and us concerning your use of the Service and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and us regarding the subject matter hereof. Nothing said by a moderator, in chat, in support, or by an AI assistant changes these Terms. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them, including in connection with a sale or transfer of the Service. We are not liable for delays or failures caused by events beyond our reasonable control. You may not use the Service where the law prohibits it, or if you are barred from receiving services under applicable sanctions or export laws.

22. Contact Information

If you have any questions, concerns, or comments regarding these Terms, please contact us at:

23. Reporting Misuse and Copyright Notices

If you see labels or covers made with the Service being sold, passed off as official releases, or otherwise used against these Terms, please tell us through the report form. We may suspend or close the accounts involved. Receiving a report does not make us responsible for the conduct reported.

Copyright owners and their authorized agents can send a notice under the Digital Millennium Copyright Act (DMCA) through the same form. A notice should identify the copyrighted work, the material you want removed and where it appears, and your contact details. It should also include a statement that you believe in good faith the use is not authorized, a statement under penalty of perjury that the notice is accurate and that you are the owner or authorized to act for the owner, and your signature. We respond to valid notices and, in appropriate circumstances, close the accounts of repeat infringers.

If your material was removed and you believe that was a mistake, you can send a counter-notice to privacy@texs.org. It must identify the material and where it appeared, state under penalty of perjury that you believe in good faith it was removed by mistake or misidentification, give your name, address, and phone number, consent to the jurisdiction of the federal court for your district (or, outside the United States, any district where we may be found) and to service of process from the person who sent the notice, and include your signature. Anyone who knowingly misrepresents a notice or counter-notice may be liable for damages under 17 U.S.C. § 512(f).