Baidu AI Cloud Image Service Agreement

Before using Baidu AI Cloud's Image Service, please carefully read the full content of the Service Agreement. Using the service will be considered as your acknowledgment and acceptance of the constraints outlined in the agreements and rules.

I. Subject, effectiveness, and scope of application of the Agreement

1.1 This Agreement is a legally binding contract between Baidu AI Cloud, the Image Service Provider (referred to as the "Image Provider" or "Service Provider"), and users who utilize the provider's images (referred to as "Users").

1.2 When users browse the Image Service content on this website, Baidu AI Cloud will actively guide users through web notifications to read the full terms of the service agreement.

1.3 This Agreement consists of its text and all relevant business specifications, activity rules, notifications, announcements, and explanations (collectively referred to as "rules") that Baidu AI Cloud has issued or may issue regarding the Image Service. These rules are an integral part of the Agreement and carry the same legal weight.

1.4 Users who access specific service features provided by Baidu AI Cloud Image Service, whether now or in the future, must adhere to the applicable terms, guidelines, and conditions (referred to as "Special Terms"). Baidu AI Cloud will notify users of these Special Terms via written agreements, webpage prompts, or announcements. In case of inconsistencies between the Agreement and Special Terms, the Special Terms will take precedence.

1.5 Users acknowledge and agree that the Image Service is one of the many services offered by Baidu AI Cloud. While using the Image Service, users are expected to comply with all other relevant rules and regulations of the Baidu AI Cloud platform.

1.6 Baidu AI Cloud reserves the right to develop and modify this Agreement and the associated rules as needed and may transfer its rights and obligations under this Agreement to a third party without prior user consent. Any changes will be communicated via website announcements, email notifications, or other suitable methods. The revised Agreement and rules, or any rights and obligations transfer, will become effective immediately upon publication. Users unwilling to accept the changes or transfers must cease using the Image Service. Continued usage of the service will be deemed as acceptance of these changes or transfers.

1.7 Any legal relationships or disputes between the Service Provider and users arising from the subscription and use of the Service Provider's images must be resolved between the two parties and are beyond the scope of this Agreement.

II. Definitions

Unless otherwise defined in the Agreement, the following terms shall have the specific meanings set forth below:

2.1 Baidu AI Cloud Image Service refers to a platform established by Baidu AI Cloud to provide specific image-related services to users.

2.2 Image Service Providers (or "Image Providers," "Service Providers," or "Partners") are partners offering their images and services on the Baidu AI Cloud Image Service platform.

2.3 Image service users (or "users") are individuals, legal entities, or organizations that utilize the Image Service through Baidu AI Cloud.

2.4 Image: An image serves as a template containing software configurations, integrating the software setups (OS, application servers, and applications) necessary to launch an instance. It may include a basic OS or incorporate a specific software environment on top of it.

2.5 Service integration image: This is an image built upon a basic OS that integrates common services and application software environments. Provided by Baidu or third-party service providers and published after Baidu AI Cloud's review, service integration images enable users to quickly create cloud servers with features like control panels, PHP, and other common runtime environments.

2.6 Cloud server instance: A virtual computing environment created through Baidu AI Cloud. Users can launch instances with different hardware configurations from a single image and run their desired applications within these instances. Users have complete control over the instances they create.

III. Contents of Baidu AI Cloud Image Service

3.1 Baidu AI Cloud offers users a variety of network and technical services based on the Image Service, including but not limited to service integration images with specialized software environments, service integration images featuring specific control panels, customer support, and other forms of assistance.

3.2 Unless explicitly required by laws and regulations or under the following circumstances, Baidu AI Cloud is not obligated to conduct the prior review of service providers' and/or users' information data, application (service) information, or other matters related to their operations on Baidu AI Cloud Image Service:

3.2.1 Baidu AI Cloud has reasonable grounds to suspect that the operations of a specific service provider and/or user may involve significant legal violations or breaches of contract.

3.2.2 Baidu AI Cloud has reasonable grounds to believe that a service provider's and/or a user's activities on the Image Service may be illegal or inappropriate.

3.3 Whether or not Baidu AI Cloud reviews such materials, data, or information, this does not impose any liability on Baidu AI Cloud.

IV. Users' rights and obligations

4.1 You are free to choose an image as per your needs. Prior to using a specific image, please thoroughly review its functions, requirements, and other details. If you have any objections to a particular image, refrain from using it. For any issues arising from image use, please consult the Service Provider for resolution.

4.2 Baidu AI Cloud assumes no liability for inaccurate or incorrect content published by service providers via Baidu AI Cloud Image, regardless of whether the inaccuracies stem from the service providers themselves or users' misunderstandings.

4.3 Baidu AI Cloud does not claim ownership of the content of images provided by service providers. Copyright and other intellectual property rights remain with the rightful owners of the images. Baidu AI Cloud offers no explicit or implied guarantees about the intellectual property rights of these images provided through the Platform.

4.4 Baidu AI Cloud shall not be responsible for any losses or damages of any kind incurred by users or others as a result of using these resources.

4.5 Service providers and users acknowledge and agree that Baidu AI Cloud may, as required by laws and regulations, provide necessary information such as identity details and cloud activity logs submitted by service providers and/or users to government authorities (judicial or administrative) or to right holders. In cases where a service provider and/or user is suspected of infringing upon others' legitimate rights, such as intellectual property rights, Baidu AI Cloud is also authorized to share the necessary identity information of the user with the right holder after a preliminary determination of alleged infringement.

4.6 Under any of the following circumstances, Baidu AI Cloud may determine that the content or behavior is illegal or inappropriate based on the judgment of an ordinary or non-professional person, and reserves the right to delete relevant information or terminate services to the service provider or user and investigate relevant legal liabilities:

4.7 A third party notifies Baidu AI Cloud that a service provider or a certain image may have significant problems;

4.8 Baidu AI Cloud reserves the right to review the data and operational activities of service providers and/or users and may issue inquiries, require corrections, or take direct action such as removing the problematic content if concerns or issues are identified.

4.9 Service providers and users understand and agree that Baidu AI Cloud shall not be liable for any damages arising from any of the following circumstances, including but not limited to losses of profits, goodwill, use or data, or other intangible losses (regardless of whether Baidu AI Cloud has been informed of the possibility of such damages):

4.9.1 Issues caused by the use or inability to use the image service.

4.9.2 Unauthorized use of a service provider's or user's account, or unauthorized modifications to their data by a third party.

4.9.3 Statements or actions regarding the "Service" by third parties other than Baidu AI Cloud;

4.9.4 Misunderstandings about the image service by service providers and/or users.

4.9.5 Any other issues related to the image service not attributable to Baidu AI Cloud, including negligence.

4.10 Under no circumstances will Baidu AI Cloud be liable for indirect, consequential, punitive, incidental, special, or exemplary damages, including profit losses, resulting from the use of the image service (even if Baidu AI Cloud was advised of the potential for such damages).

4.11 Baidu AI Cloud will not be held responsible for any interruptions or delays in service caused by computer viruses, regular maintenance of information networks, network connection failures, computer, communication, or system malfunctions, power outages, strikes, labor disputes, riots, uprisings, disruptions, resource shortages, natural disasters such as fires, floods, or storms, explosions, wars, governmental actions, judicial or administrative orders, or third-party inactions.

V. Code of conduct for image service providers

5.1 Service providers understand and agree that in addition to complying with all terms in the Service Agreement, they must also adhere to the general terms and management standards of the Baidu AI Cloud Online Service Agreement. Both the Service Provider Cooperation Agreement and the Baidu AI Cloud Online Service Agreement apply to all service providers.

5.2 Service providers declare and warrant that the image content they publish:

5.2.1 Is true, lawful, accurate and complete, without any fraudulence;

5.2.2 Does not infringe on any third party's legal rights or interests in the application, including but not limited to intellectual property rights, property rights, etc.;

5.2.3 Does not violate any laws, regulations, ordinances or rules (including but not limited to those governing Internet websites, Internet information and unfair competition);

5.2.4 Does not contain defamation (including commercial defamation), illegal threats or illegal harassment;

5.2.5 Does not contain obscenity or any pornography;

5.2.6 Does not contain any viruses, Trojan horses, computer worms, time bombs or other computer programs that may intentionally damage, maliciously interfere with, secretly intercept, or usurp any system, data or personal information;

5.2.7 Does not contain any known vulnerabilities, backdoors, malware or other insecure content that may harm the security of the user's system;

5.2.8 Does not directly or indirectly link to any goods or services prohibited by laws, regulations, ordinances or rules; or goods or services that the service provider has no right to link to or include. If the service provider violates the above-mentioned declarations and warranties, Baidu AI Cloud has the right to suspend or terminate their eligibility to provide image services on the Baidu AI Cloud platform at any time, and reserves the right to investigate the liability for breach of contract.

5.3 The service provider agrees to accept emails and messages from Baidu AI Cloud and its partners.

VI. Rules for image users

6.1 Users are fully responsible for the security of their Baidu AI Cloud login credentials and must take complete accountability for all activities and actions performed under their usernames.

6.2 When using the Baidu AI Cloud Image Service, users agree to comply with the following commitments:

6.2.1 All activities on Baidu image services must adhere to national laws, regulations, normative documents, the Baidu AI Cloud Website Service Agreement, and all relevant rules of Baidu AI Cloud images. Activities must not violate public interests, public morality, or infringe on others' legitimate rights, nor breach the Agreement or related rules.

6.2.2 Users are responsible for the authenticity, security, and legality of the information they publish. They shall not use Baidu AI Cloud's network services to upload, display, or disseminate any false, harassing, defamatory, abusive, threatening, vulgar, obscene, or otherwise illegal content. Users must not infringe on others' patents, copyrights, trademarks, reputational rights, or other legitimate rights, violate public interests or morality, or publish content considered illegal, in violation of the Agreement, its rules, or deemed inappropriate by Baidu AI Cloud for the image service.

If a user fails to fulfill the aforementioned commitments and legal consequences arise, the user shall solely bear all legal liabilities in their own name and ensure Baidu AI Cloud incurs no losses as a result.

6.3 The user understands and agrees that:

6.3.1 When a user employs a BCC instance with image content, the legal relationship between the user and Baidu AI Cloud will be governed by the Baidu AI Cloud Online Service Agreement established between them.

6.3.2 The duration of the third-party image services used by the user must align and synchronize with the service period of the BCC instance created using such an image. The user is not entitled to make any demands, requests, or claims against Baidu AI Cloud due to the termination of image services caused by the release of data and/or service termination of the user's BCC instance.

6.4 The user declares and warrants that they will not modify, adapt, translate, reverse-engineer, disassemble, create derivative works, or distribute the image content provided by the third party, and will not remove, obscure or alter any accompanying content of the image product; If the user violates the above-mentioned declarations and warranties, Baidu AI Cloud reserves the right to terminate services at any time and investigate the liability for breach of contract.

6.5 The user agrees to receive emails and messages from Baidu AI Cloud, its service providers, and partners.

VII. Intellectual property and privacy policy

7.1 All content within Baidu AI Cloud Image Service, including but not limited to text, graphics, logos, trademarks, button icons, images, audio clips, digital downloads, data compilations, software, website architecture, web design, files, consultations, and materials, is owned by Baidu AI Cloud or its content suppliers. This content is protected by Chinese and international copyright laws. Baidu AI Cloud or its rightful owners lawfully hold the intellectual property rights, including trademarks, patents, copyrights, and trade secrets. Without legal authorization or permission from Baidu AI Cloud or its suppliers, no part of this content may be used, modified, replicated, reproduced, imitated, sold, resold, accessed, publicly disseminated, distributed, or otherwise utilized for any purpose.

7.2 Service providers and users acknowledge and accept that Baidu AI Cloud holds permanent, free usage rights to various types of information it publishes (including but not limited to identity information, images, service information, and comments). Baidu AI Cloud has the right to use, replicate, revise, rewrite, publish, translate, and display this information globally, either in full or in part. However, if the service provider and/or user explicitly reserves all or part of their rights when publishing information, Baidu AI Cloud's usage shall remain within the reserved rights' scope.

7.3 Respecting intellectual property rights is a core principle upheld by Baidu AI Cloud. Both image service providers and users shall fulfill these obligations and must not violate the lawful rights of others. In the event of violations, the infringer shall compensate the rightful owner and Baidu AI Cloud for any damages incurred.

7.4 Baidu AI Cloud declares and promises that:

7.4.1 Baidu AI Cloud will not sell or disclose users' personal information to any third party without the user's prior consent.

7.4.2 Baidu AI Cloud will prevent third parties from collecting, editing, selling, or freely distributing users’ personal information by any means.

7.4.3 For serving users, Baidu AI Cloud may utilize personal information to provide services, such as sending product and service updates or sharing information with its partners to inform users about their offerings (partners' promotions require prior user consent).

7.5 Baidu AI Cloud will partially or fully disclose users' personal information under the following circumstances:

7.5.1 Disclose the information to third parties with the permission from users;

7.5.2 Disclose the information to third parties or administrative or judicial authorities according relevant laws or as required by of administrative or judicial authorities;

7.5.3 If the user violates relevant Chinese laws or website policies, disclosure to third parties may be required;

7.5.4 Provision of the applications requested by the user requires the sharing of the user's personal information with third parties;

7.5.5 Other disclosures deemed appropriate by Baidu AI Cloud in accordance with laws or website policies;

VIII. Notification delivery

8.1 All notifications from Baidu AI Cloud to service providers and/or users may be communicated through website announcements, emails, SMS, or regular mail. These notifications will be considered delivered on the date they are sent.

8.2 Notifications from service providers and/or users to Baidu AI Cloud shall be directed to Baidu AI Cloud's officially published contact details, including mailing address, fax numbers, and email addresses.

IX. Application of laws and rules and jurisdiction over disputes

9.1 The formulation, execution, and interpretation of this Service Agreement are governed by the laws of the People's Republic of China. If any party disputes the services, they may negotiate to resolve the issue. If negotiations fail, either party may file a lawsuit with the People's Court of Haidian District, Beijing.

9.2 This Service Agreement has been drafted in compliance with the Baidu AI Cloud User Service Agreement. While using Baidu AI Cloud Image Service, both service providers and users must comply with all provisions of the Baidu AI Cloud User Service Agreement.

9.3 This Service Agreement constitutes the foundational rules for Baidu AI Cloud Image Service, outlining the core principles service providers and/or users must follow while utilizing the service.

9.4 When using specific features under Baidu AI Cloud Image Service, users must also abide by any additional terms that apply (e.g., other agreements or documents signed between the user and Baidu AI Cloud or supplementary rules issued by Baidu AI Cloud). Likewise, service providers must comply with the provisions of agreements signed with Baidu AI Cloud regarding related collaboration matters.