01
Operator and acceptance
CoGenArt (the “Site”) is operated by Michael Gbadebo (the “Operator”, “we”, “us” or “our”).
By accessing, browsing or using the Site, you confirm that you accept these Terms and agree to comply with them. If you do not accept them, you must not use the Site.
Before an artwork or new layer can be saved, you must select the required acceptance checkbox. By doing so, you intentionally adopt that selection as your electronic signature, confirm that you have read these Terms and sign the assignment, licence and waiver below.
You must be at least 18 years old and legally capable of entering into these Terms to create or add to artwork. If you are not, do not submit a contribution.
02
What these Terms cover
A “Contribution” means anything you enter, select, name, write, generate, arrange, create, submit or add through the Site, including words, phrases, prompts, challenges, titles, names or aliases, creative choices, artwork layers and associated metadata.
“Artwork” means any visual work, layer, branch, variation, animation, image, vector file, video, print file or other output created, assembled, displayed or made available through the Site, whether public or unlisted and whether created by one or several users.
These Terms apply equally when you start new Artwork and when you continue, remix, branch or otherwise interact creatively with existing Artwork.
03
The Operator owns the Site and its output
As between you and the Operator, the Operator owns the Site, its software, visual system, generation methods, templates, branding, designs, databases, compilation, and all Artwork and output generated by or through those materials, except only to the extent that applicable law gives you a right that must first be transferred under clause 4.
No selection, prompt, participation, signature, alias, download or possession of an artwork reference ID gives you ownership of the Site, its systems or any pre-existing Artwork.
04
Assignment of your rights
In consideration of being allowed to use the Site and create or add to Artwork, you hereby irrevocably assign to the Operator, with full title guarantee and to the fullest extent permitted by law, all rights, title and interest that you now have or later acquire in every Contribution and resulting Artwork.
This is a present assignment of existing rights and an assignment of future copyright and other future intellectual property rights. It includes copyright, database rights, design rights and all analogous rights, throughout the world, for the complete period of those rights and every renewal, revival, reversion and extension.
The assignment includes every right to copy, reproduce, adapt, alter, translate, combine, complete, publish, communicate, make available, distribute, display, perform, advertise, license, sublicense, sell and otherwise exploit the Contribution and Artwork. You agree to sign any reasonable further document needed to confirm, register or enforce the Operator’s ownership.
05
Fallback licence
If any right cannot be assigned, or an assignment is ineffective in any country, you grant the Operator an irrevocable, perpetual, worldwide, transferable, sublicensable, fully paid and royalty-free licence to exercise that right for any purpose and in any medium.
That licence is exclusive to the fullest extent legally effective. If exclusivity is not legally effective, it is non-exclusive but otherwise remains as broad as this clause states. The Operator may permit any other person or business, including manufacturers, fulfilment providers, retailers, advertisers, publishers and commercial partners, to exercise the licensed rights.
06
Moral rights, credit and changes
To the fullest extent permitted by law, you irrevocably waive all moral rights and similar rights in every Contribution and Artwork, including rights to be identified as an author and to object to derogatory treatment. Where a right cannot be waived, you consent to every act or omission by the Operator or its licensees that would otherwise infringe it and agree not to assert it.
The Operator may credit you using a supplied name or alias, but has no obligation to credit you. The Operator may crop, recolour, edit, combine, animate, reformat, remove, complete or otherwise change a Contribution or Artwork without consulting you.
07
Commercial use, products and revenue
The Operator may use Contributions and Artwork for any commercial or non-commercial activity. This expressly includes producing and selling physical prints, framed art, merchandise, digital products, publications, advertising, promotional materials, datasets, exhibitions, licensed products and derivative works in existing or future formats.
You are not entitled to payment, royalties, commission, revenue share, accounting, approval, notice or compensation from any use, sale or licensing of a Contribution or Artwork. All revenue and other benefit derived from the Operator’s exploitation belongs exclusively to the Operator.
The Operator is not obliged to publish, preserve, commercialise or continue making available any Contribution or Artwork.
08
Your limited permission to use Artwork
Subject to these Terms, the Operator gives you a limited, revocable, non-exclusive, non-transferable permission to view, download and share Artwork made available through the Site for personal, non-commercial purposes.
Unless the Operator gives prior written permission, you must not sell, license, manufacture, mint, commercially reproduce or claim exclusive ownership of any Artwork or use it in a way that suggests endorsement by the Operator. This permission does not transfer any ownership to you.
09
Your promises and responsibilities
You promise that you have the legal capacity and every permission needed to submit each Contribution and enter into these Terms. You must not submit material copied from another person, confidential information, personal contact details, unlawful content, or anything that infringes intellectual property, privacy or other rights.
You remain responsible for the factual and legal consequences of material you submit. The Operator’s generation, filtering, moderation, approval or display of a Contribution does not confirm that it is lawful or non-infringing.
If a third party makes a claim concerning your Contribution, you agree to cooperate reasonably with the Operator. Nothing in this clause requires a consumer to compensate the Operator beyond what applicable law fairly permits.
10
Public, unlisted and moderated Artwork
“Unlisted” controls discoverability only. It does not create confidentiality, restrict the Operator’s ownership or use, or guarantee that nobody else can access the Artwork. Anyone with the link or reference ID may be able to open it.
The Operator may moderate, refuse, hide, remove, restore, reclassify or retain any Contribution or Artwork, and may restrict access to the Site, where reasonably considered necessary for safety, legal compliance, operation or protection of the Site and its users.
11
Made-to-order print sales
Where the print store is available, the Operator is the seller. The product description, selected artwork, size, price, delivery charge, currency and total payable are shown before you open payment checkout. Payment is processed securely by Stripe and the print is manufactured and delivered by Prodigi and its fulfilment network. Stripe and Prodigi have their own privacy terms, and our handling of order information is explained in the Privacy Notice.
Each print is made to order using the Artwork and size you select. Colours and fine details may vary reasonably between a screen and the physical paper. You are responsible for checking the Artwork reference, size and delivery details before paying. Production can begin automatically after Stripe confirms payment, so changes or cancellations may not be possible after payment.
Because a print is made to your selected Artwork and size, a statutory change-of-mind cancellation right may not apply where applicable law treats the product as made to your specifications or clearly personalised. This does not limit any mandatory right or remedy for goods that are faulty, damaged, not as described or otherwise fail to conform to the contract. Contact the support address displayed in the print checkout and order confirmation as soon as possible if there is a problem.
Delivery timing depends on production, destination, carrier and circumstances outside the Operator’s reasonable control. Any estimate is not a guarantee unless expressly stated otherwise. Risk passes as required by applicable consumer law. If an order cannot be fulfilled, the Operator may cancel it and refund the amount paid to the original payment method.
12
Availability and downloads
The Site is provided on an “as available” basis. Artwork generation, storage, downloads, links, notifications and other functions may change, fail or be withdrawn. You should keep your own copy of anything you are permitted to download and any unlisted reference details you need.
We do not promise that the Site will always be available, uninterrupted, secure or error-free, or that Artwork will remain available permanently. Nothing in these Terms excludes a warranty or remedy that cannot lawfully be excluded.
13
Liability
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.
If you use the Site as a consumer, your mandatory statutory rights are unaffected. Subject to those rights, the Operator is not responsible for losses that were not reasonably foreseeable when you accepted these Terms or for business losses arising from consumer use.
If you use the Site for business purposes, the Operator is not liable for loss of profit, revenue, opportunity, goodwill, anticipated savings or data, or for indirect or consequential loss, to the fullest extent permitted by law.
14
Changes, termination and continuing rights
The Operator may update these Terms. A new version applies to use after its stated effective date, and the Site may require you to accept it before making another Contribution. Material changes will be presented clearly where reasonably practicable.
Stopping use of the Site does not revoke or terminate any ownership, assignment, licence, waiver, consent or permission already granted to the Operator. Clauses intended by their nature to continue will survive termination.
15
Governing law
These Terms and any non-contractual dispute connected with them are governed by the laws of England and Wales. The courts of England and Wales have jurisdiction, except that a consumer may also have mandatory rights to use the courts and laws of the place where they live.
16
Entire agreement and severability
These Terms form the agreement between you and the Operator concerning use of the Site and Contributions, together with any additional terms expressly presented for a particular feature. If a provision is unlawful or unenforceable, it will be adjusted or removed only to the minimum extent necessary; the remaining provisions continue in effect.
A delay in enforcing a right is not a waiver of that right. You may not transfer your rights or obligations under these Terms. The Operator may transfer these Terms and the rights granted under them as part of a sale, licence, restructuring or transfer of the Site or its business.
17
Contact
The Site is operated by Michael Gbadebo. Questions about these Terms or permissions may be directed through mothcloud.com.