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Terms and Conditions

Last updated

These Terms and Conditions ("Terms") govern your access to and use of The Generated website at thegenerated.com, together with any related pages, newsletters, content and services operated under The Generated brand (collectively, the "Service").

The Service is operated by Generated Group, Inc. ("Generated Group", "The Generated", "we", "us" or "our"), a corporation incorporated in the State of Delaware, United States, with its registered address at:

Generated Group, Inc.
131 Continental Dr
Suite 305
Newark, DE 19713
United States

By accessing or using the Service, you agree to these Terms. If you do not agree to these Terms, you should not use the Service.

1. About The Generated

The Generated is an independent media and editorial publication covering topics including artificial intelligence, generative technology, filmmaking, creative technology, creators, entertainment, media, culture and related industries.

The Generated publishes news, reporting, commentary, analysis, interviews, features and other editorial content. It also operates an email newsletter and related communications.

These Terms apply only to The Generated.

Other products, websites or services operated by Generated Group, Inc. or related companies, including GeneratedDB, Generated Awards and Generated Pro, may operate under separate terms and policies.

2. Eligibility

The Service is intended for a general audience and is not directed to children under the age of 13.

If the laws of your country require you to be older than 13 to consent to the use of an online service or the processing of personal information, you must meet the applicable minimum age or use the Service only with the involvement of a parent or legal guardian where permitted by law.

3. Use of the Service

You may use the Service for lawful personal, professional and informational purposes.

You must not:

  • use the Service in violation of any applicable law or regulation;
  • attempt to gain unauthorised access to the Service, its infrastructure or connected systems;
  • interfere with the operation, security or availability of the Service;
  • introduce malware, malicious code or other harmful technology;
  • use automated systems to access, scrape, crawl or extract content from the Service in a manner that places an unreasonable burden on our systems, circumvents technical controls or violates applicable law;
  • falsely represent yourself as being affiliated with The Generated or Generated Group, Inc.;
  • reproduce, republish or commercially exploit our proprietary content except as permitted by law or with our permission; or
  • use the Service in a manner that infringes the rights of another person.

We may restrict or block access where we reasonably believe these Terms have been breached or where necessary to protect the Service, our users or third parties.

4. Editorial Content

The Generated is an editorial publication.

Content published through the Service is provided for general informational and editorial purposes. Although we aim to produce accurate, useful and timely reporting, we do not guarantee that every article, statement, statistic, link or other piece of information will always be complete, accurate, current or error-free.

The fields covered by The Generated, particularly artificial intelligence and generative technology, can develop rapidly. Information may become outdated after publication.

We may update, correct, clarify or remove editorial content at any time.

Nothing published by The Generated constitutes legal, financial, investment, medical or other regulated professional advice.

5. Editorial Independence, References and No Endorsement

The Generated may report on or refer to creators, filmmakers, artists, companies, products, services, technologies, artificial intelligence models, platforms, films, images, videos, advertisements, projects and other third-party works.

Unless expressly stated otherwise, such coverage does not mean that:

  • The Generated created or owns the work concerned;
  • the creator, company or rights holder is affiliated with The Generated or Generated Group, Inc.;
  • the creator, company or rights holder sponsors or endorses The Generated;
  • The Generated sponsors or endorses the creator, company, product or work; or
  • any commercial relationship exists between the parties.

Names, trademarks, logos, images, clips and other third-party materials remain the property of their respective owners.

Any use of third-party materials within editorial reporting is intended to be consistent with applicable copyright, trademark, quotation, reporting, commentary, criticism and other applicable legal rights or licences.

6. Artificial Intelligence and Generative Content

The Generated reports extensively on artificial intelligence and generative creative technologies.

Works featured or discussed by The Generated may have been created, modified or assisted using generative artificial intelligence.

Unless expressly stated otherwise, The Generated does not make representations or warranties regarding the provenance, copyright status, ownership, training data, licensing arrangements or legal status of third-party AI-generated or AI-assisted works.

Responsibility for the creation, publication and lawful use of third-party works remains with the relevant creator, publisher or rights holder.

7. Intellectual Property

Unless otherwise stated, the Service and the original content created by The Generated, including its branding, website design, original written content, graphics, layouts and other proprietary materials, are owned by or licensed to Generated Group, Inc. and are protected by applicable intellectual property laws.

You may access, read and share links to our publicly available content for personal and legitimate professional purposes.

You may quote reasonable excerpts of our editorial content for purposes such as reporting, criticism, commentary or discussion where permitted by applicable law and with appropriate attribution.

Except where permitted by law, you may not reproduce, republish, sell, license, distribute or commercially exploit a substantial part of our proprietary content without our prior written permission.

Nothing in these Terms transfers ownership of any intellectual property rights to you.

9. The Generated Newsletter and Email Communications

9.1 Subscription

The Generated may offer an email newsletter and other email communications as part of the Service.

You may subscribe voluntarily by providing your email address through an authorised subscription form or other signup method.

You are responsible for ensuring that the email address you provide is accurate and that you are authorised to use it.

9.2 Newsletter Content

The Generated newsletter is an editorial product and may contain news and editorial content; commentary and analysis; links to content published by The Generated or third parties; creator and industry information; announcements; event and opportunity information; promotional content; information about The Generated and related Generated Group offerings; advertising or sponsorship; and other content we consider relevant to The Generated's audience.

Where newsletter content is sponsored or subject to a commercial relationship requiring disclosure, we will seek to identify that relationship appropriately.

The inclusion of a person, company, product, creator, project or third-party work in the newsletter does not, by itself, indicate any affiliation with or endorsement by The Generated or Generated Group, Inc.

9.3 Editorial Information

Newsletter content is provided for general informational and editorial purposes and is subject to the same editorial disclaimers and limitations described elsewhere in these Terms.

Information contained in a newsletter may become outdated after the email is sent. We are not required to update or correct copies of emails that have already been delivered, although we may issue corrections or clarifications where we consider it appropriate.

9.4 Delivery

We do not guarantee that every newsletter or email will be successfully delivered, delivered at a particular time or remain available indefinitely.

Delivery may be affected by email providers, spam filtering, technical systems, subscriber settings and other circumstances outside our control.

We may change the frequency, format, content or availability of the newsletter at any time.

We may suspend or discontinue the newsletter or remove an email address from our mailing list where reasonably necessary, including for security, deliverability, legal or operational reasons.

9.5 Marketing Communications

By subscribing where the signup process clearly indicates that you are requesting email communications from The Generated, you consent to receive the communications described at the point of subscription, subject to applicable law.

Where additional consent is required for a particular type of marketing communication, we will seek that consent separately.

Our collection and use of personal information associated with newsletter subscriptions is described in our Privacy Policy.

9.6 Unsubscribing

You may unsubscribe from marketing emails at any time using the unsubscribe mechanism provided in our communications.

We will seek to honour valid unsubscribe requests in accordance with applicable law.

Unsubscribing from The Generated newsletter does not necessarily affect communications from other Generated Group products or services where you have separately subscribed to those communications or where another lawful basis permits the communication.

10. Advertising and Sponsored Content

The Generated may promote its content through third-party advertising platforms.

The Service may also contain advertising, sponsorships, affiliate relationships, branded content or other commercial arrangements in the future.

Where content is sponsored, paid for or otherwise subject to a material commercial relationship requiring disclosure, we will seek to identify that relationship appropriately.

The presence of advertising on or in connection with the Service does not necessarily constitute an endorsement by The Generated of the advertiser, its products or its services.

11. Third-Party Websites and Services

The Service may contain links to websites, platforms, social networks, videos, applications and other services operated by third parties.

We do not control those services and are not responsible for their availability, security, privacy practices, content, accuracy or operation.

A link or reference to a third-party service does not necessarily constitute an endorsement.

Your use of third-party services is subject to the terms and policies of those third parties.

12. Corrections and Editorial Queries

We aim to correct material factual errors where appropriate.

If you believe an article contains a factual error or raises another legitimate editorial concern, you may contact us at:

contact@thegenerated.com

Submitting a request does not guarantee that content will be amended or removed. Editorial decisions remain at our discretion, subject to applicable law.

13. Privacy and Cookies

Our collection and processing of personal information is governed by our Privacy Policy.

The Service may use cookies and similar technologies for essential functionality, analytics, audience measurement, advertising, attribution and related purposes.

Where required by applicable law, non-essential technologies will be subject to appropriate consent choices.

Additional information may be provided through our cookie consent interface or a separate Cookie Policy.

14. Availability and Changes to the Service

We do not guarantee that the Service will always be available, uninterrupted, secure or error-free.

We may modify, suspend, withdraw, restrict or discontinue any part of the Service at any time.

We may also change the format, subject matter, functionality or availability of our content without notice.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

GENERATED GROUP, INC. DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE EXTENT SUCH WARRANTIES MAY LAWFULLY BE DISCLAIMED.

We do not warrant that the Service will be uninterrupted, error-free, completely secure or free from harmful components, or that information published through the Service will always be accurate, complete or current.

Nothing in these Terms excludes any warranty, right or protection that cannot lawfully be excluded under the laws applicable to you.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GENERATED GROUP, INC., ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY OR GOODWILL, ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.

Rights that cannot lawfully be waived or limited in your jurisdiction remain unaffected.

17. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless Generated Group, Inc., its affiliates and their respective officers, directors, employees, contractors and agents from claims, liabilities, damages, losses and reasonable costs arising from your unlawful misuse of the Service, your material breach of these Terms or your infringement of another person's rights.

This section does not apply to the extent that such an indemnity is prohibited or restricted by applicable law.

18. International Use

The Generated is operated by a United States entity and is accessible internationally.

We do not represent that every feature or piece of content is appropriate or legally available in every jurisdiction.

You are responsible for complying with laws applicable to your use of the Service.

Nothing in these Terms is intended to deprive consumers or other users of mandatory protections provided by applicable local law.

19. Changes to These Terms

We may update these Terms from time to time to reflect changes to the Service, our business, applicable law or our practices.

The "Last updated" date at the top of these Terms will indicate when they were most recently revised.

Where required by law, we will provide additional notice of material changes.

Your continued use of the Service following an effective change constitutes acceptance of the revised Terms to the extent permitted by applicable law.

20. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or, where necessary, severed.

The remaining provisions will continue in effect.

21. No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

22. Governing Law and Jurisdiction

Subject to mandatory rights that may apply to users in their country of residence, these Terms will be governed by the laws of the State of Delaware, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service will be subject to the jurisdiction of the state and federal courts located in the State of Delaware, except where applicable law gives you the right to bring proceedings elsewhere.

23. Contact

Questions about these Terms or The Generated may be sent to:

Generated Group, Inc.
131 Continental Dr
Suite 305
Newark, DE 19713
United States

Email: contact@thegenerated.com