“Photo with a Celebrity” Activity Rules

1. Accepting of Terms

1.1. By accessing, browsing, or using “Photo with a Celebrity” activity (the “Activity”) through the website https://trading-game.com/ (the “Website”), the Activity user (“You”, “Your”, “User”) acknowledges and confirms that They have read, understood, and agree to be bound by these rules (the “Rules”).

2. Activity Description

2.1. The Activity allows You to generate a cartoon version of Your selfies with a celebrity character (the “Celebrity”) using neural network technology (the “Neural Net”).

To do it You need to upload Your own selfies (“Your Content”, “Your Image”), which shall be further processed by the Neural Net integrated to the Website to create the final image (the “Photo”).

3. Consent to Personal Data Processing

3.1. By using the Activity, i.e. accessing, using its functionality and (or) uploading Your Image, You expressly consent and and authorize Us – Dolphin Corp LLC, St. Vincent and the Grenadines company with registration number 915 LLC 2021and address at Euro House, Richmond Hill Road, Kingstown, St. Vincent and the Grenadines (“We”, “Us”, “Our”), to collect, use, store, and process Your personal data, including but not limited to Your name, username, Your Image, which may include biometric data such as facial geometry, facial recognition, likenesses, appearance, and other unique physical characteristics, other personal data and any associated metadata (the “Personal Data”). 

3.2. By using the Activity, You expressly acknowledge and agree that Your Image will be processed by Neural Net. This processing is essential for generating the Photo and providing the functionalities of the Activity.

3.3. You acknowledge and expressly consent that Your Personal Data will be transferred to, processed and stored by third-party service providers, including but not limited to Neural Net and cloud storage services. Such transfers are solely for the purposes of Photo(-s) generation, enhancing, developing, and improving the functionality and performance of the Activity, Our compliance with legal obligations and requirements, and may involve transferring to jurisdictions outside Your country of residence, including countries that may not offer the same level of data protection as Your home jurisdiction.

3.4. We implement appropriate technical and organizational measures to protect Your Personal Data against unauthorized access, alteration, unauthorized disclosure, or destruction. However, please, be aware, that We may share Your Personal Data under the legal and regulatory authorities requests and in other cases permitted by law.

We also verify the engaged third-party service providers have data protection standards equivalent to Ours.

3.5. We will retain Your Personal Data only for as long as necessary to fulfill the purposes outlined in these Rules, unless a longer retention period is required or permitted by law.

3.6. You have certain rights regarding Your Personal Data under applicable laws, which may include the right to access Your Personal Data We hold; to request correction of any inaccurate or incomplete data; to request the deletion and limitation of processing of Your Personal Data; to withdraw Your consent. To exercise any of Your rights, please contact Us at . However, please have a note, that withdrawal of Your consent or limitation for processing may affect Your ability to use the Activity.

4. Your Content

4.1. By uploading Your Image, You represent and warrant that:

• You are the sole owner of the Your Images, or You have obtained all necessary rights, licenses, consents, and permissions from all identifiable individuals to use and upload the images;
• If the Your Content contains the likenesses of individuals other than yourself, You have obtained explicit written consent from each individual (or from their legal representatives if they are minors) for the use and processing of their images as outlined in these Rules; 
• Your Content does not violate any laws, regulations, or rights of any third parties, including but not limited to intellectual property rights, privacy rights, rights of publicity, or any other proprietary rights;
• Your Content does not contain any defamatory, obscene, pornographic, indecent, harassing, threatening, or otherwise objectionable material, and does not promote discrimination, hatred, or harm against any individual or group;
• All representations and warranties You make concerning Your Content are accurate, complete, and not misleading.

5. Ownership and Use

5.1. All rights, titles, and interests in and over the generated Photo(-s) are owned exclusively by Us. This includes any and all intellectual property rights arising from or relating to the generated Photo(-s).

However, We grant You a worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable license and right to use, display, and share the Photo(-s) generated from Your Content for personal and non-commercial purposes only.

5.2. You acknowledge and agree that We have full rights and titles in and over generated Photo(-s) and may use them, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display in any media formats and through any media channels, including but not limited to social media platforms, websites, advertising materials, and commercial products, without further consent from or compensation to You.

To the fullest extent permitted by law, You waive any moral rights or other associated rights You may have in and over the generated Photo(-s). 

5.3. You retain all rights, title, and interest in and over Your Content and Personal Data. However, by using the Activity, You expressly and unconditionally grant Us a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable, and transferable right and license to:

• use, reproduce, distribute, prepare derivative works of, display, and perform Your Content, name, username, likeness in connection with the generated Photo(-s), promotion, marketing, and advertising of the Activity and Our business;
• link to Your social media accounts, websites, or other online profiles, including but not limited by making references, mentions, and hyperlinks, in any media formats and through any media channels;
• mention Your name, username, or other personal identifying information in connection with the generated Photo(-s) in Our marketing, promotional materials, and public communications, including but not limited to social media posts, press releases, blog posts, and advertisements;
• repost, share, or otherwise distribute any of Your publicly available content, including photographs and posts, from Your accounts in social media and other channels, in connection with the Activity and Our business. 

5.4. You understand and agree that You will not be entitled to any compensation, royalty, or other payment from Us or any third party in connection with the use of Your Content and (or) other information and data.

5.5. You hereby release, discharge, and agree to hold harmless Us, Our affiliates, and Our respective officers, directors, employees, agents, licensors, third-party service providers, and contractors from any and all claims, demands, or causes of action that You may have arising from Our use of Your information and data, including any claims for defamation, invasion of privacy, right of publicity, or copyright infringement.

6. Other Provisions

6.1. Our Activity is not intended for use by individuals under a legal age. By using the Activity, You represent and warrant that You have reached the age of majority and have full authority, rights and required consents and permissions to use the Activity.

6.2. We do not knowingly collect personal data from children without verifiable parental consent. If You become aware that a child has provided Us with personal data without parental consent, please contact Us at , and We will take steps to remove such data.

6.3. The Activity is provided on an “AS IS” and “AS AVAILABLE” basis. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and title. We also do not guarantee that the Activity will meet Your requirements, be uninterrupted, or error-free, or that the results obtained from the use of the Activity will be accurate.

6.4. You agree to indemnify, defend, and hold harmless Us, Our affiliates, and Our respective officers, directors, employees, agents, licensors, third-party service providers, and contractors from any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with (i) Your use of the Activity, (ii) Your Content, (iii) Your infringement or violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights (iv) Your unauthorized use of images depicting individuals other than yourself and any related claims of third parties against Us; (v) Your breach of any representation, warranty, obligations or restrictions under these Rules, (vi) Your violation of any applicable laws or regulations.

6.5. To the maximum extent permitted by applicable law, We shall not be liable for any indirect, incidental, special, consequential, or punitive losses and damages, including but not limited to loss of data, use, goodwill, or other intangible losses, resulting from or connected with Your use of or inability to access or use the Activity, any conduct or content of any third party, any content obtained from the Activity, including the generated Photo(-s), unauthorized access, use, or alteration of Your Content. In no event shall Our total liability to You for all damages and losses exceed the amount of three hundred (3,000) U.S. Dollars.

6.6. We reserve the right, in Our sole discretion, to suspend or terminate Your access to the Activity and to modify or replace these Rules at any time, with or without notice, for any reason.

6.7. These Rules and any disputes arising out of or related to them or the Activity shall be governed by and construed in accordance with the laws of Saint Vincent and the Grenadines. You agree to submit to the personal and exclusive jurisdiction of the courts located within Saint Vincent and the Grenadines to resolve any dispute or claim arising from these Rules.