Terms of Use

Welcome to our ThumbnailGeek! By using our web application, you agree to the following terms of use, which constitute a legal agreement between you and us. Please read these terms carefully before using our web application.

1. Acceptance of Terms

By accessing or using our web application, you agree to these terms of use and any additional terms that may apply to specific areas of the web application. If you do not agree to these terms, you should not use the web application.

2. Use of the Web Application

You may use the web application only for lawful purposes and in accordance with these terms of use. You agree not to use the web application:

In any way that violates any applicable federal, state, local, or international law or regulation
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation
To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the web application, or which, as determined by us, may harm us or users of the web application or expose them to liability
To create, share, or promote inappropriate, harmful, restricted, or misused AI prompts, including but not limited to:
- Prompts that encourage the creation of explicit sexual or violent content
- Prompts designed to generate hate speech, discrimination, or extremist ideologies
- Prompts that aim to produce misinformation, propaganda, or deceptive content
- Prompts that seek to violate privacy, intellectual property rights, or other legal protections
- Prompts intended to bypass or circumvent the AI system's ethical guidelines or content filters
- Prompts that attempt to extract confidential information or trade secrets from the AI system
- Prompts designed to overload, crash, or otherwise disrupt the normal operation of the AI system
- Prompts that encourage the AI to engage in or promote illegal activities
- Prompts that attempt to manipulate the AI into producing biased or unfair outcomes
- Prompts that seek to use the AI for automated, large-scale content generation without proper authorization
- Any prompts that violate our community guidelines or terms of service
- Any other prompts that could reasonably be expected to result in the misuse of AI technology, cause harm to individuals or society, or compromise the integrity and intended use of our services

3. User Content

The web application may allow you to submit, upload, publish, or otherwise make available content, including but not limited to text, photographs, videos, and audio (collectively, "User Content"). You retain ownership of any intellectual property rights that you hold in your User Content. By submitting User Content, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the web application and our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

4.Intellectual Property Rights

The web application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5. Disclaimer of Warranties

The web application is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We do not warrant that the web application will be uninterrupted or error-free, that defects will be corrected, or that the web application or the server that makes it available are free of viruses or other harmful components. We are not responsible for any content or data that you upload, download, or otherwise use on the web application.

6. Limitation of Liability

In no event shall we, our affiliates, licensors, or service providers be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits or revenue, loss of data, or costs of substitute goods or services, whether in contract, tort, strict liability, or otherwise, arising out of or relating to the use or inability to use the web application or any content on the web application, even if we have been advised of the possibility of such damages.

7. Indemnification

You agree to indemnify, defend, and hold harmless us and our affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms of use or your use of the web application, including any content you submit, post, or transmit through the web application.

8. Termination

We may terminate your access to the web application, in our sole discretion, at any time and without notice, including if we believe that you have violated these terms of use or any applicable law or regulation. Upon any such termination, your right to use the web application will immediately cease.

9. Governing Law and Jurisdiction

These terms of use and your use of the web application shall be governed by and construed in accordance with the laws of of Ghana, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or relating to these terms of use or your use of the web application shall be brought exclusively in the state courts located in Ghana, and you agree to submit to the personal jurisdiction of such courts.

10. Changes to These Terms

We reserve the right to modify these terms of use at any time and without prior notice.

11. Dispute Resolution

Any dispute arising from these terms or your use of the web application shall first be subject to mandatory mediation. If mediation is unsuccessful, the dispute shall be resolved through binding arbitration.

12. Limitation of Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the web application must be commenced within one (1) year after the cause of action accrues.

13. User Representations

You represent and warrant that: (1) you have the legal capacity to enter into these terms; (2) you will not use the web application for any illegal or unauthorized purpose; and (3) your use of the web application will not violate any applicable law or regulation.

14. Third-Party Links

The web application may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

15. Severability

If any provision of these terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

16. Waiver

Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. If we fail to enforce any of these terms, it does not constitute a waiver of that term or any other term.

17. Entire Agreement

These terms of use constitute the entire agreement between you and us regarding the use of the web application. Our failure to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision. If any provision of these terms of use is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. You may not assign these terms of use or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent, and any attempted assignment without such consent shall be null and void. We may assign these terms of use or any of our rights or obligations hereunder without your prior written consent. The headings in these terms of use are for convenience only and have no legal or contractual effect.

18. Disclaimer of Responsibility for Channel or Product Performance

ThumbnailGeek is not responsible for the growth, decline, or any other performance metrics of any YouTube channel, social media account, or any other product or service. We make no claims, guarantees, or promises regarding the success or failure of any channel, account, product, or service. Users acknowledge and agree that they use our web application and its features at their own risk. Any actions taken based on information, suggestions, or tools provided by ThumbnailGeek are solely at the user's discretion and responsibility.