Legal
Terms of Service
Effective date: October 7, 2026. Version 2026-10-07. Section 8 updated October 21, 2026 (money-back guarantee).
These Terms of Service (the "Terms") are a binding contract between you and RIOT MOTION LLC, a limited liability company that owns and operates clankercock.com under the brand CLANKER COCK ("RIOT MOTION", "we", "us"). They govern the website at clankercock.com and every page, feature, account and service offered through it (the "Site"). The Content Rules, the Disclaimers, the Privacy Policy, the DMCA / Takedown Policy and the 2257 Exemption Statement are part of these Terms.
Read section 22. It contains a binding arbitration agreement and a class-action waiver that affect your legal rights. You may opt out within 30 days as described there.
Everything on the Site is generated by artificial intelligence. No real person appears in any video, and no chat character is a human being.
1. Acceptance and electronic signatures
You accept these Terms each time you do any of the following: press the button on the age gate; create an account; tick the confirmation box on the generator and press Generate; or complete a purchase of Clanker Coins or a membership. Each of those buttons is presented with a notice that pressing it accepts these Terms and a link to them.
Each of those acts is your electronic signature under the U.S. E-SIGN Act, the Uniform Electronic Transactions Act and equivalent laws. We record the time and the version of the Terms you accepted. If you do not agree to every part of these Terms, do not press the button and do not use the Site.
2. Who may use the Site
You may use the Site only if all of the following are true. By using it you represent and warrant that they are:
- You are at least eighteen (18) years old, and at least the age of majority where you live if that is higher.
- It is lawful for you to view, create and possess sexually explicit material where you are.
- You are not accessing the Site from a location where we have told you the Site is not offered.
- You are not located in, or a resident or national of, a country or territory subject to comprehensive U.S. sanctions, and you are not on any U.S. government list of prohibited or restricted parties.
- You have never been removed from the Site, and you are not acting for someone who has.
- You are a human using the Site for your own personal, non-commercial use, not a bot, scraper, reseller or agent of a competitor.
- Every statement you make to us, including your age and location, is true.
Age verification. We may require you to prove your age at any time, including through a third-party age-verification provider, and we will do so wherever the law requires it. We may refuse or suspend access until verification is complete. We may block the Site in any location.
Minors. The Site is not for anyone under 18. If we learn or reasonably suspect that an account is used by a minor, we will close it. Parents can restrict access with device-level and network-level filtering tools.
If any statement in this section is untrue, you are in breach of these Terms and section 21 applies.
3. Accounts
Sign-in is provided through Supabase. You are responsible for your email account, your password and everything done through your account. Keep your credentials private. One person, one account. You may not share, sell, lend or transfer your account or your coins.
Tell us at once at [email protected] if you think your account has been compromised. We are not liable for loss caused by someone else using your account, except to the extent our own failure to use reasonable care caused it.
4. What the Site offers
- Gallery. Signed-in users can watch clips in the gallery. Every gallery clip was generated with artificial intelligence by RIOT MOTION and depicts fictional adult characters. Some clips are hosted by third parties and play through their players.
- Generator. Signed-in users can spend Clanker Coins to have a third-party artificial-intelligence model render a short video from a text prompt and, optionally, a still image. Section 9 and the Content Rules apply.
- Chat. Users can write fictional adult characters and talk with them in a group chat run by a third-party language model. Section 10 applies.
- No storage of renders. We do not copy, host or keep the videos you generate. Section 11 applies.
- Clanker Coins and memberships. Prepaid credits and optional memberships, governed by sections 5 to 8.
We may add, change, limit, suspend or remove any feature, model, resolution or page, and may set limits on renders, duration, concurrency and balance. If a change materially reduces what coins you have already bought can be spent on, section 25 applies.
5. Clanker Coins
- What coins are. Clanker Coins ("coins") are a limited, revocable, non-transferable, non-exclusive license to use the generator and the chat. They are not money, legal tender, a deposit, a stored-value instrument, a cryptocurrency, a security, an investment or property. They have no cash value and earn no interest.
- No transfer or cash-out. Coins cannot be sold, traded, gifted, exchanged, withdrawn, redeemed or converted to cash or anything else, on or off the Site. Any attempt is void and is a breach of these Terms.
- Holds. The coin price of a render is quoted before you confirm and can change between quote and render. When you press Generate, the quoted coins are placed on hold. If the render succeeds, they are spent. If the render fails for reasons on our side or the provider's side, the hold is released back to your balance. That release is your only remedy for a failed render.
- Expiry. Coins bought as a top-up do not expire while your account is in good standing. Coins granted with a membership expire when the membership ends. Promotional coins expire as stated when granted.
- Forfeiture. All coins, membership time and pending renders are forfeited without compensation if your account is terminated for breach of these Terms or if the payment that bought them is reversed. If you close your own account, unused coins are forfeited; we tell you this again before closure is final.
- Price changes. We may change coin prices, pack sizes, balance limits and what coins can be spent on. Changes do not affect coins already spent.
- Shutdown. If we permanently shut down the Site or the generator, we will refund the purchase price of unused top-up coins bought within the preceding 90 days. We owe nothing for other unused coins.
6. Payments
Crypto through NOWPayments. When you pay with cryptocurrency, NOWPayments creates an invoice at a quoted amount in the asset you choose. You must send exactly that amount, in that asset, on that network, to the address shown, before the invoice expires. Blockchain transactions are irreversible. We will not refund or credit funds sent to the wrong address, on the wrong network, in the wrong asset, in the wrong amount or after expiry, or funds delayed or lost by a network, wallet, exchange or NOWPayments. An underpaid invoice may not be credited. An overpayment is not refunded. Network and processor fees are yours. Coins are credited only when NOWPayments reports the payment to us as finished or confirmed.
Buy Me a Coffee. Tips at buymeacoffee.com are credited as coins only if the tip is at least the posted minimum in U.S. dollars and the support note contains the PIN shown on your Coins page. A tip without a readable PIN, below the minimum, in another currency or sent to another page is not credited. Buy Me a Coffee's own terms govern the tip. If a tip is refunded, disputed or charged back, the coins it bought are removed, your balance may go negative, and your account may be suspended until it is settled.
Chargebacks and fraud. If you believe a charge is wrong, email [email protected] first. A chargeback or payment dispute filed without contacting us first, or the use of a stolen or unauthorized payment method, is a breach of these Terms. We may suspend the account, remove the coins and memberships that payment bought, and recover the disputed amount and the fees we were charged. We may share account and payment data with processors and law enforcement to contest a dispute or investigate fraud.
Taxes and currency. Prices are in U.S. dollars unless stated. You are responsible for any sales, use, VAT, GST or other tax that applies to your purchases, and for currency-conversion costs.
7. Memberships and automatic renewal
Memberships grant coins and priority for the stated period.
- One-time memberships end at the end of the period and do not renew.
- Subscription memberships renew automatically. The price, the billing period and the fact of automatic renewal are shown next to the purchase button before you pay. Your subscription renews at the end of each period, at the price shown, until you cancel.
- How to cancel. You can cancel online at any time from your Coins page, through the link in the subscription email from NOWPayments, or by emailing [email protected]. Cancellation takes effect at the end of the current period. It stops future charges and does not refund the current period.
- Confirmation. After you subscribe we send an email with the renewal terms and how to cancel.
- Price changes. We will give you at least 30 days' notice by email before a higher price applies to a renewal, with a reminder of how to cancel.
- When a membership ends, the coins granted with it expire and priority ends.
8. Refunds and the 7-day money-back guarantee
8.1 Lifetime access: 7-day money-back guarantee
You may get your money back for lifetime access (the one-time entry payment) within seven (7) days after you buy it, whatever price you paid for it. To ask, email [email protected] within those 7 days from the same email address as the account you bought it with. Tell us it is a refund request; you don't have to give a reason. Requests sent after the 7 days are not eligible. When we refund your purchase, your lifetime access ends.
- Credit or debit card, and Buy Me a Coffee. Purchases made by credit or debit card through our payment processor, or through Clanker Cock's Buy Me a Coffee page, are refunded in full. We refund through the original payment method where that service allows it; where it does not (for example, Buy Me a Coffee after a payout), we refund the same amount by another method we agree with you.
- Cryptocurrency. A cryptocurrency purchase is refunded at the lesser of (a) the U.S. dollar price you paid and (b) the U.S. dollar market value, at the time we process the refund, of the cryptocurrency we received for it. A refund never exceeds the U.S. dollar price you paid. If that cryptocurrency has lost value, the refund is smaller to the same extent. Stablecoins pegged to the U.S. dollar, such as USDC, hold their value, so purchases made with them are refunded in full; purchases made with volatile coins (for example, Dogecoin) are subject to their market price. Blockchain network fees for sending the refund may be deducted from it. We send the refund to a wallet address you give us, in the cryptocurrency you paid with or in USDC. A cryptocurrency payment is a payment, not an investment, deposit or custodial arrangement: we do not hold coins for you.
8.2 Everything else
Coins, memberships and renders are digital content delivered immediately. All sales are final. Except as stated in sections 5, 8.1 and 21, or where a law that cannot be waived requires otherwise, we do not refund, credit or exchange coins or memberships for any reason, including unused coins, a change of mind, dissatisfaction with an output, a change in prices or features, or your inability to access the Site.
If you live in the European Union, the United Kingdom or another place with a statutory right of withdrawal for digital content, you expressly request immediate delivery at checkout and acknowledge that you lose the right of withdrawal once coins are credited or a render begins.
Where a refund is required by law, it is limited to the amount you paid for the specific item.
9. The generator, prompts and outputs
9.1 Per-render confirmation. Before every render you must tick a box confirming that every character in the prompt and in any uploaded image is a fictional adult aged 20 or older, that no real person appears or is referenced, that nothing in the render is on the banned list in the Content Rules, and that you accept these Terms and the Disclaimers. The box is never pre-ticked and never remembered. We record the time and the Terms version with the render. A render request without that confirmation is refused.
9.2 Your role and ours. You write and control the prompt, the negative prompt, the seed, the settings and any uploaded image ("Inputs"). A third-party model turns them into a video ("Output"). You are responsible for your Inputs and for what you do with your Outputs. We have no duty to review Inputs or Outputs before delivery, and delivery of an Output is not approval of it. We reserve every right and defense available to an online service under applicable law, including 47 U.S.C. § 230 to the extent it applies.
9.3 No real people. Every character must be fictional. You may not use the Site to depict, name, describe, imitate or reference any real person, living or dead, including yourself, a celebrity, a public figure, a private individual, or a character identified with a specific real performer. This applies to prompts, uploaded images and chat. Consent does not create an exception.
9.4 Uploaded images. An uploaded image must be an AI-generated or illustrated image of fictional adult characters that you created or have the right to use. You may not upload a photograph, a video frame, a screenshot or any other image of a real person, or an image edited from one. We may scan, reject and retain any upload to enforce this rule.
9.5 Age of characters. Every character must be, and must look, 20 or older. This is the Site's minimum depicted age, chosen to exclude teenagers altogether. No character may be described or depicted as a minor, as under 20, or with childlike features, in any setting, at any stated age.
9.6 Your representations. For every Input and Output you represent and warrant that: it complies with sections 9.3 to 9.5 and the Content Rules; you own or have a license to every uploaded image; it does not infringe any copyright, trademark, right of publicity, privacy right or other right of anyone; and it is lawful where you are.
9.7 License to us. You grant RIOT MOTION and its providers a worldwide, non-exclusive, royalty-free, sublicensable license to receive, transmit, process, analyze, moderate and display to you your Inputs and Outputs, and to keep your Inputs and moderation records for as long as needed to operate and secure the Site, enforce these Terms and comply with law. This license survives deletion of your account to the extent copies are retained for those purposes.
9.8 Your rights in Outputs. As between you and RIOT MOTION, you may use your Outputs for lawful, personal, non-commercial purposes, subject to the Content Rules and the rights of third parties. We do not claim ownership of your Outputs. We make no promise that an Output is original, protectable by copyright, different from another user's Output, or free of third-party claims. The model provider's own terms about Outputs also bind you.
9.9 Moderation. We may review, filter, block, delay, flag, retain, quarantine or delete any Input or Output, before or after rendering, by automated or human means, without notice. The render provider applies its own filters, which we do not control. A refused render is not a breach by us.
9.10 No guarantees. Outputs are produced by a probabilistic model. They may be wrong, low quality, incomplete, unrelated to the prompt or offensive. Rendering may be slow or fail. The same prompt and seed may give different results over time.
10. Chat
Characters are artificial intelligence. Every chat character is a computer program, not a human being. Replies are generated by a third-party language model from your character descriptions and your messages. No person at RIOT MOTION writes or reviews them before you see them. The chat shows a reminder of this when a session starts and during long sessions.
Entertainment only. Chat is adult fiction. Nothing a character says is medical, mental-health, legal, financial or other professional advice, and characters cannot form real relationships or keep real promises. Replies can be wrong, repetitive, out of character or unexpected.
If you are in crisis. Chat is not a crisis service. If a message suggests thoughts of suicide or self-harm, we may interrupt the chat and show crisis resources. In the United States you can call or text 988 at any time. In an emergency call 911 or your local emergency number.
Rules. Sections 9.3 and 9.5 apply to every character and every message: no real people, and nobody under 20. The family rule in the Content Rules applies as well. Messages are screened for those rules. The rest of the Content Rules applies to anything you do with a transcript outside the chat.
Price. You may start a chat without an account for a limited number of free messages after passing the age gate; signing up keeps the chat and adds more free messages. After the free messages, each character reply costs the posted number of coins, charged when the reply is produced. A reply that fails or is refused is not charged. If you switch on Spontaneous chatter, characters may also message on their own while you have the chat open, at the same per-reply price and never from the free messages. You can switch it off at any time.
Storage. Characters, chats and messages are private to your account and stored until you delete them or your account. They may be reviewed for moderation and retained as evidence of a violation. Coins spent on replies are not refundable.
11. Your clips are not stored
The Site does not store, host, copy or back up any video you generate. When a render finishes, the render provider's download link is shown to your signed-in account for a limited time, about one hour. After that the link is removed, the task is deleted at the provider, and the clip cannot be recovered by anyone, including us. The provider may hold its own copy for up to seven days under its own policy, which we do not control.
Download your clip at once if you want to keep it. We are not liable for a clip you did not download in time or a clip lost from your device. We keep your prompt, settings, the Terms version you accepted, moderation results and payment records as described in the Privacy Policy.
There is no gallery for user renders and no way to share a render through the Site. Anything you do with a downloaded clip is your sole responsibility and remains subject to the Content Rules, these Terms and the law.
12. Zero tolerance, reporting and removal
Minors. We have zero tolerance for any content that depicts, describes or sexualizes a minor or a character who appears to be a minor. We block it, close the account, preserve the evidence and report apparent child sexual abuse material to the National Center for Missing & Exploited Children as required by 18 U.S.C. § 2258A.
Real people. Creating or sharing a sexual depiction of a real person without consent is a crime under U.S. federal law and the laws of many states and countries. A breach of section 9.3 results in immediate termination, and we may disclose account records to the person depicted and to law enforcement where the law allows.
How to report. Anyone, with or without an account, may report content that appears to depict them, another real person or a minor by emailing [email protected] with the subject line "Removal request". Include what the content is, where you saw it, and how to reach you. A person depicted, or someone authorized to act for them, should say so and sign the request, physically or electronically.
What we do. We act on a valid removal request within 48 hours: we remove the content and any known identical copies from the Site and from any provider we control, and we block the Inputs that produced it. We do not charge for this and you do not need an account. Copyright complaints follow the DMCA / Takedown Policy.
13. Prohibited conduct
In addition to sections 9, 10 and 12 and the Content Rules, you will not:
- Access the Site if you are under 18, or help anyone under 18 access it.
- Scrape, crawl, mirror, bulk-download, archive or frame the Site, the gallery or any clip, or use any bot, script or headless browser against the Site, except search engines honoring robots directives.
- Bypass, disable or interfere with the age gate, age verification, sign-in, paywall, rate limits, signed URLs, coin holds, moderation, filters or any security or access control.
- Rephrase, encode or split a prompt, or use any other technique, to get around a content filter.
- Reverse engineer or probe the Site or its APIs, or use the API other than through the Site's own pages.
- Create multiple accounts, evade a ban, use a VPN or proxy to evade a geographic restriction or age verification, or misrepresent your location, age or identity.
- Resell, redistribute, rent, license or commercially exploit the Site, clips, coins or Outputs.
- Upload malware, test for vulnerabilities without our written permission, overload the Site, or interfere with any user, provider or network.
- Download, record, re-upload, redistribute or publicly display any gallery clip, or remove any watermark or marking.
- Present an Output as a recording of a real event or a real person.
- Harass, threaten, stalk, impersonate or defraud anyone, including RIOT MOTION and its providers.
- Use the Site in any way that violates any law or would cause a provider to suspend the Site.
14. Intellectual property
The CLANKER COCK name, logo, site design, code, text, graphics, the catalog and the gallery clips belong to RIOT MOTION LLC and are protected by copyright, trademark and other laws to the extent those laws apply. You get a limited, revocable, non-transferable, non-sublicensable license to view the Site for personal use, and nothing else. Third-party names and logos belong to their owners. We respond to copyright notices under the DMCA / Takedown Policy and terminate repeat infringers. Any feedback you send us may be used freely without compensation.
15. Third-party services
The Site relies on services we do not control, including Supabase, Railway, Cloudflare, Neocities, WaveSpeed and the Alibaba Wan models, Venice, NOWPayments, Buy Me a Coffee, RedGifs and TraceMyIP. Each has its own terms and policies, which apply to your use of the parts of the Site they power. We are not responsible for their acts, omissions, outages, data practices, prices, filters or content. If a provider removes a file, blocks a render, delays a payment or goes offline, that is not a breach by us.
16. Disclaimer of warranties
THE SITE, THE GENERATOR, THE CHAT, ALL CLIPS, ALL OUTPUTS, COINS, MEMBERSHIPS AND EVERYTHING ELSE PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RIOT MOTION DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT AND ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. RIOT MOTION DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, SECURE OR ERROR-FREE; THAT ANY RENDER WILL SUCCEED OR MATCH A PROMPT; THAT ANY OUTPUT IS LAWFUL, ORIGINAL OR SUITABLE FOR ANY PURPOSE; THAT ANY CLIP WILL REMAIN AVAILABLE; OR THAT ANY PAYMENT WILL BE PROCESSED. SOME JURISDICTIONS DO NOT ALLOW SOME OF THESE EXCLUSIONS; IN THAT CASE THEY APPLY TO THE FULLEST EXTENT THE LAW ALLOWS.
17. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, RIOT MOTION AND ITS AFFILIATES, CONTRACTORS, PROVIDERS, LICENSORS, SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, COINS, OUTPUTS, OPPORTUNITY OR REPUTATION, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, ANY CLIP, ANY INPUT OR OUTPUT, ANY CHAT, ANY PAYMENT OR ANY THIRD-PARTY SERVICE, UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
RIOT MOTION'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO RIOT MOTION IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US $100).
THESE LIMITS ARE A FUNDAMENTAL BASIS OF THE BARGAIN AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT APPLY TO LIABILITY FOR GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT, TO DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR TO ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. WHERE A LAW DOES NOT ALLOW A LIMIT, LIABILITY IS LIMITED TO THE SMALLEST AMOUNT THAT LAW ALLOWS.
18. Indemnification
You will defend, indemnify and hold harmless RIOT MOTION and its members, managers, affiliates, contractors, providers, licensors, successors and assigns from and against every third-party claim, demand, investigation and action, and every resulting loss, liability, damage, fine, penalty, judgment, settlement, cost and expense (including reasonable attorneys' fees), arising out of or relating to:
- your Inputs, Outputs, downloaded clips, chat content or other content;
- your breach of these Terms, the Content Rules or any law;
- any misrepresentation you make, including about your age, location, identity or rights;
- your infringement or violation of any right of any person, including copyright, trademark, privacy, publicity and the right not to be depicted sexually without consent;
- any claim that a real person or a minor is depicted in anything you created; and
- any payment you make, reverse or dispute in breach of section 6.
We may take over the defense of any matter at your expense, and you will cooperate. You will not settle any matter that imposes an obligation or admission on RIOT MOTION without our written consent. This section does not require you to indemnify us for our own gross negligence or intentional misconduct.
19. RIOT MOTION LLC is the only party you deal with
RIOT MOTION LLC owns and operates the Site and is the only party to these Terms on the operator's side. Every obligation under these Terms, and every claim arising out of or relating to the Site, the Terms, any purchase, any Input or Output, any chat or any clip, lies against RIOT MOTION LLC alone and is subject to sections 16 and 17. To the fullest extent permitted by law, the members, managers, officers, employees, contractors and agents of RIOT MOTION LLC have no personal liability to you, and you agree not to bring any claim against any of them individually. They may enforce this section.
20. Release
You release RIOT MOTION and its members, managers, affiliates, contractors and providers from all claims, demands and damages, known or unknown, arising out of disputes between you and any third party, any third-party service, or the content of any Output you requested. If you live in California, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you live elsewhere, you waive any similar law.
21. Suspension and termination
By us, for cause. We may suspend or terminate your account at once, without notice, if we reasonably believe you breached these Terms or the Content Rules, if a payment is reversed, if a legal demand requires it, or if your use creates a risk to us, a user, a provider or the public. On termination for cause, all coins, memberships and pending renders are forfeited without refund, and you may not create another account.
By us, without cause. We may also close any account or stop offering the Site for any other reason. If we close your account without cause, we will refund the purchase price of your unused top-up coins and the unused part of a current paid membership.
By you. You may close your account at any time by emailing [email protected]. Closure forfeits unused coins, as section 5 says.
Records and reports. We may preserve and disclose account information, Inputs, Outputs, chat records, payment records, IP addresses and logs when we believe in good faith that it is required by law or legal process, or needed to protect the rights, property or safety of RIOT MOTION, our users, our providers or the public. This includes reports to the National Center for Missing & Exploited Children and to law enforcement.
Survival. Sections 5, 6, 8, 9, 11, 12, 14 to 20, this section and sections 22 to 27 survive termination.
22. Dispute resolution, arbitration and class-action waiver
22.1 Informal resolution first. Before starting any formal proceeding, the party with the complaint must send the other a written notice with its name, contact details, a description of the dispute and the relief wanted. You send yours to [email protected]; we send ours to your account email. Both sides then have sixty (60) days to resolve it. Any limitation period is paused during those 60 days.
22.2 Binding arbitration. Except as stated in section 22.3, any dispute, claim or controversy between you and RIOT MOTION arising out of or relating to these Terms, the Site, any purchase, any chat or any Output will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, before a single arbitrator. The Federal Arbitration Act governs this section. The arbitrator decides all questions of arbitrability, except that a court decides whether section 22.4 is enforceable.
- Format and place. Arbitration is conducted by video, telephone or written submissions unless the arbitrator decides an in-person hearing is needed. An in-person hearing takes place in the county where you live or in New York County, New York, at your choice.
- Fees. AAA filing, administrative and arbitrator fees are allocated as the AAA Consumer Arbitration Rules provide. Each side pays its own attorneys' fees unless the law or the arbitrator's finding that a claim or defense was frivolous provides otherwise.
- Award. The arbitrator may award any individual relief a court could. Judgment on the award may be entered in any court with jurisdiction.
22.3 Exceptions. Either party may bring an individual claim in small-claims court if it qualifies. Either party may seek injunctive relief in court to stop infringement or misuse of intellectual property or unauthorized access to the Site. A claim for public injunctive relief that the law does not allow to be waived is decided by a court after the arbitration of all other claims.
22.4 Class-action and jury waiver. YOU AND RIOT MOTION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS EXCEPT AS SECTION 22.5 ALLOWS. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND RIOT MOTION WAIVE TRIAL BY JURY. If this waiver is found unenforceable as to a particular claim, that claim alone is severed and heard in court after the arbitration of all other claims.
22.5 Mass filings. If twenty-five (25) or more similar demands are filed by or with the help of the same counsel or organization, the AAA Mass Arbitration Supplementary Rules apply.
22.6 Opt-out. You may opt out of section 22.2 by emailing [email protected] within thirty (30) days after you first accept these Terms, with your account email and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
22.7 Changes to this section. A change to this section 22 applies only to claims that arise after the change takes effect. You may reject the change by emailing us within thirty (30) days of notice, in which case the previous version of this section continues to apply to you.
22.8 Time limit. To the extent the law allows, any claim must be started within one (1) year after it arises or it is barred.
23. Governing law and venue
These Terms and any dispute are governed by the laws of the State of New York and the federal laws of the United States, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs section 22. Nothing in these Terms takes away a consumer-protection right that the law of your place of residence does not allow you to waive.
For any matter that may be brought in court, you and RIOT MOTION consent to the exclusive jurisdiction and venue of the state and federal courts located in New York County, New York, except where the law of your place of residence prohibits this.
24. Geographic restrictions and export
The Site is operated from the United States and makes no claim that it is appropriate or lawful elsewhere. We may block access from any location. If you access the Site from outside the United States you do so on your own initiative and are responsible for local law. You will comply with all export-control and sanctions laws.
25. Changes to these Terms
We may change these Terms by posting a new version with a new effective date and version number.
- Material changes. We give at least fifteen (15) days' notice of a material change, by email to your account address or by a notice on the Site, before it takes effect. If you do not agree, stop using the Site before the effective date; you may ask for a refund of the purchase price of unused top-up coins if the change materially reduces what those coins can be spent on.
- Generator rules. Changes to the generator rules take effect when you next tick the per-render confirmation.
- Urgent changes. Changes required by law, by a provider or for safety may take effect at once.
- No retroactive effect. A change does not apply to a dispute that arose before the change took effect.
Past versions are available on request.
26. General
- Entire agreement. These Terms and the documents they incorporate are the entire agreement between you and RIOT MOTION about the Site and replace all earlier agreements.
- Severability. If any provision is unenforceable, it is modified to the minimum extent needed, and the rest remains in force.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms. We may assign them to an affiliate or to a successor of the Site.
- Force majeure. Neither party is liable for a failure caused by events beyond its reasonable control, including provider outages, network failures, blockchain congestion, attacks, legal demands, government action and acts of nature. This does not excuse a payment already due.
- Electronic communications. You consent to receive notices electronically, by email to your account address or by posting on the Site.
- Third-party beneficiaries. The persons named in sections 17 to 20 may enforce those sections. There are no other third-party beneficiaries.
- Relationship. No partnership, joint venture, employment or agency is created.
- Language. These Terms are written in English; any translation is for convenience and the English text controls.
- Headings are for convenience only.
27. Contact
RIOT MOTION LLC, operator of CLANKER COCK. Mailing address available on request. Legal notices, removal requests and all other correspondence: [email protected].
