Coca‑Cola Y3000 AI Lens User Terms

Effective Date: 12 September 2023 

Thank you for engaging with our Coca‑Cola Y3000 AI camera lens (the Y3000 AI Lens).

These Coca‑Cola Y3000 User Terms (Y3000 Terms) apply to your use of the Y3000 AI Lens. These Y3000 Terms supplement our general Coca‑Cola Terms of Service (Coca‑Cola Terms).  If these Y3000 Terms conflict with the Coca‑Cola Terms, then these Y3000 Terms apply.  These Y3000 Terms include important information so please read them carefully.

The Y3000 AI Lens allows you to use the camera on your mobile device to take or upload a photo of your surroundings. Using artificial intelligence (AI) technology, the Y3000 AI Lens will create a new image with a “futuristic” version of your location (Creation).  

The Y3000 AI Lens will generate content for your Creation using Stable Diffusion’s generative AI software (Stable Diffusion). Stable Diffusion is an open-source machine learning model that can generate images from text, modify images based on text, or fill in details on low-resolution or low-detail images. Stable Diffusion was developed by Stability AI and was first publicly released on August 22, 2022. For more information on Stable Diffusion, see https://stable-diffusion-art.com/how-stable-diffusion-work. See paragraph 12 below for more information on Stable Diffusion’s open-source license.

 

These Terms are effective for users of the Y3000 AI Lens on the Effective Date set forth above. These Terms apply on any site where they are linked or posted. 

The Y3000 AI Lens does not require that you create an account or otherwise share with Coca‑Cola any personal information, such as name, email address or phone number.  

Coca‑Cola collects data about how you use the Y3000 AI Lens, including cookie-related data, IP address (which is considered personal information by some laws), how many times you use the Y3000 AI Lens, and your device operating system (e.g., type, language used), but the data does NOT directly identify you.  All of this is explained in our Privacy Preference Center (the cookie preference tool) to which you agreed when you first used the Y3000 AI Lens.         

Additionally, the Y3000 AI Lens does NOT retain your original photo.  If you do not download your Creation, you will not be able to access it again. Coca‑Cola will retain your Creation until December 31, 2023, for business and promotional purposes.

Your Creation will automatically include the following watermark: “Created using Coca‑Cola Y3000 AI” so others will know your Creation is created using AI.

As between Coca‑Cola and you, you own your Creation.   

However, by creating content for the Y3000 AI Lens, and where permitted by applicable law, you agree and hereby grant Coca‑Cola the unrestricted, perpetual, worldwide, non-exclusive, royalty-free, fully-paid right and license (and right to sublicense through multiple tiers) to use, host, store, reproduce, modify, publicly display, perform, translate, create derivative works from, distribute and otherwise disclose to third parties your Creation, in whole or in part, for any purpose (including advertising purposes) and in any media now known or hereafter developed to the extent permitted by law (“Creation License”). 

You understand that Coca‑Cola and its affiliates are not obligated to use your Creation. No moral rights are transferred by the Creation License to Coca‑Cola. If requested, you agree to sign documentation requested by Coca‑Cola or its designees to document the rights you are granting to Coca‑Cola in this Content License.

When you create a Creation, you represent and warrant to Coca‑Cola that, 

  1. You are authorized to grant the Creation License above.
  2. To the best of your knowledge, your Creation does not knowingly violate the rights of any other person or entity, such as rights of privacy and publicity and intellectual property rights
  3. Your Creation complies with these Y3000 Terms and the Coca‑Cola Terms of Service.
  4. Your Creation does not violate applicable laws, rules, and regulations.

When creating your Creation, you agree:

  1. You will not attempt to create, upload, or share content that: 
    1. Contains images of real people (including any celebrity, political figure, or minors under the age of 18) or any personal information (name, address, phone number, or email address) of you or of anyone else.
    2. Disparages or ridicules Coca‑Cola, its employees, products, or services, or any other person or party affiliated with the Y3000 AI Lens.
    3. Contains brand names, brand logos, or trademarks other than those owned by Coca‑Cola.
    4. Contains names, likenesses, voices, or other indicia identifying celebrities and other public figures, living or dead, or look-alikes or sound-alikes of celebrities or other public figures, living or dead.
    5. Contains material that Coca‑Cola deems to be deceptive, inappropriate, indecent, obscene, pornographic, tortious, defamatory, slanderous, or libelous.
    6. Contains material that is threatening, harassing, or bullying an individual or group.
    7. Contains material that Coca‑Cola deems to promote bigotry, racism, hatred, or harm against any group or individual or to promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
    8. Contains material that Coca‑Cola deems (or promotes activities which are) sexually explicit or suggestive, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), in violation of or contrary to the laws or regulations in any jurisdiction where it is created (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, harassing, defamatory, libelous, infringing or otherwise objectionable to Coca‑Cola.
  2. If you share your Creation, you will not obscure or block the “Created using Coca‑Cola Y3000 AI” watermark and will not attempt to hide the use of AI technology in your Creation.
  3. You will not represent that a Creation was entirely human generated or that a Creation is an unaltered photograph.
  4. Your Creation must not be used in a way that deceives or is intended to deceive any person about use of AI technology to create your Creation.

To minimize the risk of the Y3000 AI Lens being misused to create harmful or deceptive content, the Y3000 AI Lens rejects image uploads containing realistic faces and attempts to create the likeness of public figures, including celebrities and prominent political figures, as well as any content that falls under the prohibited uses described in paragraph 9 above. 

You understand that the Y3000 AI Lens may produce a Creation that looks like an actual place, building, product or otherwise.  You understand that your Creation was created using AI technology, is fictitious, and should be used for entertainment purposes only.  Furthermore, as an AI model, images are based on the data it has been trained on, which may include biased or incomplete information. We strive to mitigate biases, but it is important to be aware of potential limitations of the Y3000 AI Lens. 

By accessing and using Y3000 AI Lens, you acknowledge that you have read, understood, and agreed to the terms of this content disclaimer.

The Stable Diffusion open source software that is part of the Y3000 AI Lens is used subject to the MIT License and other licenses, disclaimers and legal terms, available at https://github.com/Stability-AI/stablediffusion/tree/main and as follows:    

Copyright (c) 2022 

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.