ToG 1.0 legal code
Copyright 2026 Valerii Egorov (Pastheroza). This text may be copied and changed only as Section 16(d) allows.
By making a Statement that cites this Licence, the Person applies it to the Person's own Likeness; this version covers nothing else. By doing an act listed in Section 9, You accept this Licence. To the extent this Licence is a contract, the Person gives You the Permission in return for Your acceptance, on these terms only.
Part 1. The Person's terms
Section 1. Definitions
(a) "Age of Majority" means 18 years, or the higher age of full legal capacity under the law of Home at the time of the act.
(b) "Approval" means the Person's Authenticated confirmation that one Output, identified by its SHA-256 hash, may be used in the context it states.
(c) "Authenticated" means confirmed as the own act of the Person or, under Section 5(d), of the representative or minor who makes it, with identity, age and a representative's authority verified:
- by a Registry, under a published procedure that verifies them, requires a second factor for each act that opens and refuses an act Section 5(d) does not allow; or
- by that person's qualified electronic signature, or a signature under an identity-verified certificate, with age and authority attested by that trust service or by a Registry.
No other signature and no typed name Authenticates, whatever effect the law gives it.
(d) "Deal" means a written agreement, signed and Authenticated by the Person personally, or signed as Section 5(d) requires, that names the party it licenses (the "licensee") and cites the Person's code.
(e) "Generate" means to produce, with software that makes images, video, sound or three-dimensional content by automated means (a "System", including a machine-learning model and any service built on one), content that shows or imitates the Likeness and either was made from a request or input that identifies the Person or contains the Likeness, or is presented as the Person. A "Generation" is one such act, an "Output" its result, and a "Provider" anyone who operates a System or offers one to others.
(f) "Home" means where the Person habitually resides, at the time of the act or, for a claim, when it is brought.
(g) "Likeness" means the appearance of the Person's face or body and the Person's voice, real or imitated, wherever the Person can be identified from it. "Likeness Rights" means every right any law gives the Person to control or object to the use of the Likeness, including under data protection law, but not copyright, performers' rights or trade mark rights.
(h) "Conditions", "Lookup", "Remove" and "Training" have the meanings given in Sections 6(f), 9(e), 9(g) and 6(e).
(i) "Permission" means what Section 3 gives, together with what a Deal opens under Section 10.
(j) "Person" means the natural person whom a Statement identifies as its subject.
(k) "Record" means a record of one Generation, in the form the profile prescribes, that names the Statement by its hash and the code issued for the Person, is signed by the Registry that answered the Request or, under Section 8(e), recorded the Approval, and carries a time set by a Registry or independent time-stamping service. A "Request" is a Provider's signed message, in that form, that names a Statement by its hash and describes one intended Generation. The "Requester" is whoever instructs the Provider to Generate.
(l) "Registry" means a service that authenticates Statements, publishes them and answers Requests under published procedures.
(m) "Rules" means the members uses, modalities, excluded_categories and training of a Statement, in the form of profile likeness/2, SHA-256 hash [hash] (the "profile"), and the Statement's Conditions. The profile prescribes the form of the Rules, a Record, a Request, the label, a reference and a Provider's published keys; this Licence alone gives meaning.
(n) "Statement" means a record by which the Person applies this Licence: it identifies the Person, contains the Rules and cites this Licence by the identifier in Section 16(a) and the SHA-256 hash of this text or of an official translation. The token in Section 2(h) is also a Statement. The "current" Statement is its latest version in force.
(o) "Steward" means the person or organisation that publishes this Licence at https://pregen.org/tog.
(p) "Stop" means the token tog:no, the withdrawal of a Statement, a Statement whose uses is empty, or one that Section 5(d) or 6 makes a Stop. It permits nothing and has effect as the Reservation.
(q) "Undertaking" means a Provider's signed public declaration, published with its keys, that it accepts this Licence for every Statement.
(r) "You" means whoever Generates, instructs a Provider to Generate, uses an Output, signs a Request or gives an Undertaking. "Your" has a matching meaning.
Section 2. The Statement
(a) Only the Person opens. Only the Person, acting personally, of age and with legal capacity, can permit anything under this Licence, or, for a minor, as Section 5(d) allows. No agent, agency, employer, Registry or anyone else can do so for the Person.
(b) Opening. A Statement or a change to one opens if any act is within the Permission after it that was not before. What opens has effect only once Authenticated and held at the Person's home Registry; until then it has effect only so far as it closes. An Approval, a Deal and an opening change to a Deal open.
(c) Closing. What only closes has effect as soon as the Person publishes it in a way that shows it comes from the Person: Authenticated, or at an account, domain or other identifier the Person controls. The legal representative of a minor or of a Person who lacks capacity may make a Stop, which is the Person's own, through a Registry that verifies that authority or as paragraph (h) allows.
(d) Anyone else. A record made by anyone else is not a Statement and has no effect under this Licence, except that a person acting for an adult Person under a written authorisation may file a Stop, which takes effect when the Person confirms it under paragraph (c).
(e) One version. Each Statement cites one version of this Licence and moves to another only by the Person's own new Statement.
(f) Several Statements. If the Person has more than one current Statement, an act is within the Permission under Section 3 only if it is within every one of them.
(g) Copies and codes. A copy of a Statement is evidence of it and neither widens nor narrows it; a code, reference, name, badge or summary permits nothing by itself.
(h) The token tog:no. The token tog:no, in any letter case, that the holder of an account places or has placed on its public page is a Stop: the Person's own under paragraph (c) where the Person or the Person's legal representative holds the account, otherwise one filed under paragraph (d). The token names no version; this Licence governs it, and no version may narrow what it reserves or give it a permitting effect. A reference on an account's public page points to that account's Statement only if the Statement names the account. Other than a reference, no other tog: token has a meaning under this Licence.
Section 3. Permission
(a) Permission. Subject to this Licence, the Person permits You, for each purpose other than commercial that uses lists, in each form modalities lists and outside every category excluded_categories lists, to Generate, and to copy, publish, distribute, perform and otherwise communicate the Outputs and to edit or combine them with other material without changing what they show the Person doing. Under this Section the Permission is worldwide, free of charge, non-exclusive and personal to You, who may not transfer or sublicense it; each person who uses an Output receives it directly from the Person.
(b) Legal form. The Permission operates in every one of these ways that the applicable law allows:
- as a licence of the Likeness Rights, where they can be licensed;
- subject to paragraph (c), as the Person's written consent, where the law asks for consent or authorisation, to the extent that law allows consent to be given to persons not individually named; and
- as the Person's promise not to bring a claim based on the Likeness Rights against You for an act within the Permission, whether or not the Person has such a right in the place of the act, binding, so far as the law allows, anyone who claims through or in place of the Person. The promise does not cover a claim that an Output is defamatory or is unlawful for a reason other than its use of the Likeness.
(c) Personal data. The Permission under this Section is not consent under Regulation (EU) 2016/679, nor under any law that requires consent to name the person to whom it is given, and it is not a release under a biometric privacy law. A Deal is such consent or such a release only where it meets the requirements of that law. The Permission under this Section records the Person's documented wishes, which You may weigh in establishing Your own lawful basis for processing. Paragraph (b)(3) waives no right under data protection law that cannot be waived.
(d) Name. You may identify the Person, by the name or identifier the Statement shows other than a Registry code issued for the Person, to describe an Output truthfully.
(e) Limits. The Permission never covers any person other than the Person, or any work, recording, performance or mark, which You clear Yourself.
(f) Rights that stay with the Person. The Permission waives no moral right and no part of a personality right that the law does not allow to be waived or licensed, and is read no wider than the purpose it names.
(g) End by law or death. Where the law limits how long a permission of this kind may last, the Permission ends at that limit, counted from the latest version of the Statement or, under a Deal, from the Deal. It ends when the Person dies, and for You when You have notice of the death.
Section 4. Reservation and notice
(a) Reservation. The Person reserves every use of the Likeness, in Generating and in Outputs, outside the Permission, and does not consent to it (the "Reservation"). It grants nothing and needs no acceptance.
(b) Notice. Anyone who reads a Statement, or receives a Record or a Lookup result that reports it, has notice from that time of what the Person does and does not permit.
(c) Data protection. To the extent a use of the Likeness outside the Permission and any grant under paragraph (h) involves the processing of the Person's personal data, the Reservation is, as to every controller that reads, fetches or is answered with the Statement:
- an objection to that processing under Article 21(1) of Regulation (EU) 2016/679 and any equivalent law, to the extent that law allows an objection to be made in that form;
- a withdrawal, under Article 7(3) of that Regulation and any equivalent law, of any consent the Person may be said to have given to that processing, other than consent given in a Deal; and
- the Person's documented wish, to be weighed in any assessment of a legitimate interest or similar basis.
(d) Text and data mining. Where the Person holds copyright or a related right in material published with a Statement, the Reservation is also an express reservation of the use of that material for text and data mining, under Article 4(3) of Directive (EU) 2019/790 and any equivalent law, other than for a licensee whose Deal permits Training.
(e) Duration and limits. The Reservation applies wherever and for as long as any law, including one made after the Statement, gives the Person a Likeness Right, and outlasts Your Permission and the Person's death. It creates no Likeness Right where the law gives none and, against a person not bound under Section 9, restricts no use the law allows without the Person's consent.
(f) No Statement. This Licence says nothing about a person who has no Statement; that silence is not permission, and no one's rights depend on having a Statement.
(g) Rights kept. Nothing in this Licence reduces a right the Person has by law. A Statement is a defence only to a claim by the Person or anyone claiming through or in place of the Person, and only as far as the Permission goes.
(h) Other grants. A Statement, change, Stop or the Reservation takes away no right the Person granted before the Person's first Statement; the grant keeps its own terms. Whoever acts under it relies on it, not on this Licence, and must show it; an act within it that is of no kind Section 5 excludes from the Permission is no breach of this Licence. A grant claimed but never made is none.
Section 5. Floors
No Statement, Deal or Approval can set this Section aside.
(a) Sexual and adult content. An Output in the category sexual or adult is within the Permission only under a Deal opening it expressly that the Person signed personally once a check of an official identity document verified the Person's identity and Age of Majority. It never shows a minor, anyone as under 18, or any other identifiable person without their own such Deal. Within 30 days after a withdrawal from that Deal, even after it ends, takes effect for You, You Remove every Output made under it, despite Section 7(d). A Registry may decline such Deals.
(b) Depiction under 18. The Permission never covers an Output that depicts as under 18 a Person who was 18 or over when it was Generated.
(c) Authentic recording. The Permission never covers an Output presented as an authentic recording of something the Person said or did, or supplied to anyone You know intends so to present it.
(d) Minors. A person under the Age of Majority makes no Statement alone; the legal representative makes it and answers for it under Section 14. It permits nothing under Section 3, and otherwise only through a Deal, never one under paragraph (a), that the representative and the person both sign, each Authenticated. Until the person reaches the Age of Majority the two act together under it wherever this Licence requires the Person's act, though either may Stop or withdraw; from then the Person acts alone and the Deal continues unless the Person withdraws. Anything else made by or for a minor is a Stop, and what in it would permit is void. The Stop stands until a Statement under this paragraph, or the Person, of age and with capacity, replaces it. [For counsel: child-performer laws may add duties.]
Section 6. What the Rules mean
This Section gives each value its only meaning. Besides the Conditions, the Rules have exactly the four members Section 1 names, every value spelled as here in lower case; an act is within the Rules only if it is within every member. A Statement whose Rules lack a member or contain an unnamed member, an undefined value or another spelling is a Stop.
(a) Purposes (the keys of uses). An Output made for several purposes must be within the Rules for each.
personal: Your own non-commercial expression, such as art, humour or fan content, shared without payment and not for a business. A Provider's fee for its System does not make Your use commercial.editorial: news reporting, commentary, criticism and satire about real events or matters of public interest, and documentary.educational: teaching or instructing people, not for a business.research: scientific or technical research, not for a business.commercial: any other use for money or for a business: advertising, endorsement, an Output sold, licensed or made for a product or service offered for money, or shown for a fee or paywall, or with advertising or sponsorship for which You or anyone acting for You is paid. News reporting by a news publisher is notcommercialonly because it carries advertising or charges for access. Acommercialentry shows that the Person will consider a Deal.
(b) Modes (the values of uses). open: the purpose is allowed. approve: allowed, and Section 8(e) applies. commercial takes either mode, to no effect.
(c) Forms (modalities). An Output in several forms must be within the Rules for each. image: a still picture of the Person. video: a moving picture of the Person. voice: the Person's voice, or a voice made to imitate it, alone or with any other form. 3d: a rendered three-dimensional picture of the Person; making or keeping a model, rig or avatar of the Person that can be posed or rendered again for another request is Training.
(d) Categories (excluded_categories). A category applies to an Output that depicts the Person in what it names, associates the Person with it or promotes it.
sexual: sexual activity; nudity in a sexual context; or a depiction, clothed or not, made or posed for sexual appeal.adult: exposed genitals, buttocks or female nipples outside a sexual context, or content restricted to adults as sexually explicit or suggestive.advertising: promotion of a product, service, brand or business.endorsement: presenting the Person as personally recommending, vouching for or testifying about a product, service, brand, business or cause; appearing in advertising is not by itself endorsement.alcohol: alcoholic drinks.tobacco: tobacco and nicotine products.cannabis: cannabis and its products.drugs: other controlled substances, except medicine used as prescribed.gambling: betting, casinos, lotteries and other games of chance for money.weapons: firearms, ammunition, explosives and other weapons.violence: physical harm, or the threat of it, by or to the Person.political: elections, candidates, parties, campaigns, and advocacy for or against legislation or a political cause.religion: religious belief, worship, organisations or figures.health: medical conditions, treatments, medicines, health products and health claims.financial: financial products and services, investments, crypto-assets, loans, insurance and claims of earnings.fashion: clothing, footwear, accessories, cosmetics and beauty products.
(e) Training (training). "Training" means using media of the Person, or an Output, to make, change or keep a model, adapter, embedding or other representation that can Generate or recognise the Person for another request. A record kept only for safety, provenance or a legal duty, that cannot Generate the Person, is not Training.
trainingistrueorfalse. Training is never within the Permission under Section 3.trueshows that the Person will consider a paid Deal that permits Training.- Training a Deal permits is used only to Generate within the Rules as the Deal reads them, on Requests that name the Deal, and never to recognise or identify anyone. It needs no Record of its own; Section 8 applies to each Generation made with the representation. You delete the representation within 30 days after the earliest of: the Training end date the Deal states; the end of the Deal; a withdrawal under Section 10(d) taking effect; any other end of the Deal's Permission.
- This paragraph applies when You deliberately make or keep a representation of the Person, and when You use media You know to be the Person's: taken from where the Person publishes a Statement, carrying a Statement or a Record, or received with a Request that names the Person.
(f) Conditions. A Statement may contain conditions in the Person's own words, in any language, of at most 1,000 characters, shown first on its card (the "Conditions"); longer ones make it a Stop. They only narrow the other Rules. An act against them is outside the Permission. They mean what a reasonable reader in the Person's position would understand; Section 15(b) applies to them only where that reader could not choose between two readings. A Deal prevails over them between its parties.
Section 7. Change, Stop and what survives
(a) Right to change. The Person may change or withdraw a Statement at any time, without giving a reason. Removing one of several current Statements while another stays current is not a withdrawal. In this Section, a change includes a Stop, a new Statement, a withdrawal from or end of a Deal and an end of the Permission under Section 3(g) or 11(a).
(b) When a change that closes takes effect. For You, at the earliest of: (1) Your notice of it; (2) the time a Lookup or a Registry's answer reports it to You, or would have had You made the Lookup Section 9(e) required; and (3) the end of the period in Section 8(b), counted from the last answer or reading You relied on. A withdrawal from a Deal, an end under Section 11(a) and an end on death take effect as Sections 10(d), 11(d) and 3(g) state.
(c) New Generation stops. After that time, Generation is within the Permission only so far as the Person's current Statements permit it under Section 2(f), and under a Deal only as Section 10(c) and (d) allow.
(d) What survives. An Output Generated within the Permission, under a Record dated before the change took effect for the Provider, remains within the Permission, subject to what a Deal it names states about Outputs already made. It may still be used for the purposes its Record states, on the conditions of Section 8, and one held for Approval may still be approved; an Approval stays valid for the Output and context it names. After the change, the Provider supplies it only to the Requester or licensee its Record names.
(e) Rights that cannot be waived. Where a law that cannot be set aside by agreement gives the Person a right to stop further use of an Output, paragraph (d) does not take it away. The Person exercises it by a notice to You that identifies the Output; use before You receive the notice remains within the Permission.
(f) Time and proof. Whether a Record came before or after a change took effect is decided by the times a Registry or time-stamping service set on the Record and logged for the event that gave the change effect; in one log, log order decides. A period under paragraph (b)(3) runs from the logged time of the answer or reading relied on; a notice to You counts from its delivery to the contact address published with Your keys or to a channel a Deal names or, where You have neither, from its receipt. Your own clock and a signer's time prove nothing; where no such time exists, You bear the burden of proving order, and in any dispute You show that an act was within the Permission. A record validly signed when made stays valid after its key is replaced or retired, unless the key was compromised before the earliest such time set on or logged for it.
(g) Lifting a Stop. A Stop is lifted only by the Person's own act, in the way that matches how it was made; lifting opens.
- One made by the Person's control of an account, domain or other identifier, the token included: by removing it and by the Person's Authenticated Statement, in either order, complete at the later. Where the Person does not control the identifier, the Authenticated Statement naming it suffices.
- One a Registry Authenticated on the Person's instruction: the same way at that Registry or, where it no longer serves the Person, at another listed Registry, or by the Person's signature of the kind in Section 1(c)(2).
- One made under such a signature: only by such a signature.
- One made for the Person under Section 2(c), 2(d) or 5(d): as in item 1, by the Person's own Authenticated Statement, or as Section 5(d) says.
(h) Versions kept. A version of the Statement that a Record names or a Deal keeps stays available for as long as the Output or the Deal may be checked; any other may be removed at the Person's request.
Part 2. If You Generate
Section 8. Conditions
The Permission covers an act only if every condition in this Section is met for it.
(a) Rules and purpose. The Generation is within the Rules of the version of the Statement that the Record names, as a Deal the Record names widens them under Section 10(b), and for the purposes the Record states; each use of the Output is within them too. The Provider gives whoever or whatever decides the Generation the Conditions that no Deal the Record names sets aside, and does not Generate where it cannot apply them.
(b) Current Statement. When the Generation started, the version the Record names was the current Statement, or one the Provider could still rely on: a Registry's answer for the period it states and at most 5 minutes; a Statement read where the Person publishes it, for 24 hours after the reading. Under a Deal it is the version the Deal keeps, and no withdrawal under Section 10(d) that had taken effect for the Provider stood.
(c) Identifier. The Statement was reached through an identifier it names, the code issued for the Person or the hash by which a Record names it, never through a name alone; a name leads only to a Reservation. A Statement at a Registry and one where the Person publishes are one Statement only if each names the other as the profile prescribes; otherwise each is a current Statement under Section 2(f).
(d) Record. A Record exists for the Generation, timed before its start. The Request is made to the Registry that serves the Person or, if none serves the Person 14 days after the licensee asks, to any listed Registry. One Record covers one Generation and one Output, with the renditions it declares and any made only to publish or transmit the Output; a rendition differs from the Output only in file format, resolution, compression, size or crop and changes nothing it shows the Person doing. The Record stays with the Output, as the profile prescribes and the means of publication allows, and You do not remove it. No mark inside the picture or the sound is required.
(e) Approval. Where the purpose is listed as approve or the Generation is under a Deal, unless a Deal for the Generation expressly dispenses with Approval:
- before Approval, the Output is shown to no one but the Person, a Registry relaying it, the Provider's systems and human safety reviewers and, under a Deal, the licensee's personnel, all bound to confidence;
- only the Person can give Approval; a refusal or no answer is not Approval;
- an Approval covers the Output it names, the renditions paragraph (d) covers other than a crop the Approval does not state, and the context it states, and no altered copy; an Output placed unchanged beside or over other material is not altered;
- a refused Output is deleted at once, an Output not approved within 30 days is deleted then, unless kept under item 1 for a dispute under Section 10(e); a record that cannot reproduce it may be kept.
An Approval of an Output Generated outside the Permission, other than one Section 5 covers, is, with a Record a Registry signs for it, consent to showing that Output, labelled under paragraph (f), in the context it states, and nothing more.
(f) Disclosure. Wherever You publish an Output, You state there, in a form an ordinary viewer or listener will notice, that it was made by AI. In advertising You also show the label the profile prescribes for the Record, beside that statement and in any text field the advertisement has or, for sound alone, in the accompanying text or metadata; the label never shows a Registry code issued for the Person.
(g) No endorsement. Unless a Deal expressly permits it, You do not state or imply that the Person endorses, sponsors or is connected with You, Your product or Your use of an Output, or approved an Output that has no Approval. Neither an Approval nor the Person's appearance in an Output within the Permission is such a statement.
(h) Truthful Request. The Request describes the Generation truthfully and completely. A Requester who gives a false description is in breach; a Provider is in breach only if it knew, or it was obvious, that the description was false, and otherwise Section 9(g) applies to it.
(i) Passing on. A Provider binds each Requester to this Section and Section 5, on terms the Person can enforce, and gives the Requester the Record with the Output.
Section 9. How You are bound
(a) A Provider accepts this Licence by signing a Request, for the Generation it describes and the Person the named Statement identifies, or by giving an Undertaking, for every Statement and every Generation in its services from publication until the Provider withdraws it by public notice; withdrawal does not affect what was done before, and both times are those a Registry, time-stamping service or public archive shows, not the Provider's. The signature is the acceptance; it counts only under a key the Provider had published as its own at the time, as the profile prescribes, and binds the Provider though its systems signed without human review.
(b) Anyone else accepts this Licence by instructing a Provider to Generate under a Statement, or by using an Output under the Permission.
(c) No acceptance, no Permission. A Provider that has not accepted under paragraph (a) has no Permission; the Reservation and the law apply to it. Anyone who relies on the Permission in answer to a claim is bound by this Licence for the act concerned.
(d) The bargain. In return for the Permission Persons offer under this Licence, and for each answer You receive to a Request or a Lookup, You promise:
- if You gave an Undertaking: to every Person who has a Statement, to keep paragraph (e) as to that Person and, where Section 6(e)(3) applies, not to make or keep a representation of that Person outside the Permission, including under a Stop;
- if You signed a Request: to the Person the named Statement identifies, not to Generate that Person outside the Permission in the Generation it describes; and
- in every case: to each Person whose Statement You act under, to keep Sections 5, 6(e)(2) and 8, and Section 5 to any other Person an Output shows.
Each such Person may enforce these promises against You directly, as a party to this Licence and, where the law requires it, as an intended third-party beneficiary.
(e) Lookup. A "Lookup" queries, for each code, reference, account, domain, name or Record of a real person in a request or input, any Statement it points to and the sources the Steward lists for that kind of identifier at the time (Section 16(f)). If You gave an Undertaking, You make a Lookup before You Generate on such a request or input, and You do not Generate a Person so found outside the Permission; where a source cannot be reached, You rely on no Permission it could have reported as closed, and a Reservation You already hold still applies. This creates no duty to identify a person in media that carries none of those.
(f) No recognition. This Licence never requires You to identify a person by analysing a face or a voice, and the Permission never covers doing so.
(g) Notice and stop. You are not in breach for an act outside the Permission by reason only of a Statement, change or falsity of which You had no notice, which a Lookup paragraph (e) required of You would not have returned and which no Registry's answer to Your Request had returned, if on notice You stop at once and within 7 days Remove the Outputs so made. To "Remove" an Output is to delete it from every place You control and to ask those to whom You supplied it to do the same. This limits Your promise only, not a Likeness Right.
Section 10. Deals
(a) What a Deal does. A Deal opens only what it names, for the licensee and those acting for it within the channels it states. Every other term of the Statement and of this Licence applies, subject to paragraph (f).
(b) What a Deal may open. If it says so expressly, a Deal may open any purpose, add a form, lift an excluded category subject to Section 5(a), set aside a Condition, permit Training for payment until a stated end date, dispense with Approval, permit a statement of endorsement, sponsorship or connection under Section 8(g), and say how the disclosure in Section 8(f) is made.
(c) Version and Stop. A Deal keeps the version of the Statement current when it was Authenticated. No later version, no other Statement of the Person and no Stop, made before or after the Deal, narrows what it opens or stops Generation under it. Apart from the Deal's own terms, Generation under a Deal ends only under paragraph (d) or (e), Section 3(g), 11 or 12(d).
(d) Withdrawal from a Deal. The Person, or the legal representative of a minor or of a Person who lacks capacity, may withdraw from a Deal at any time by a notice, Authenticated, sent through a channel the Deal names or, from the representative, with proof of that authority, given to the licensee or lodged with the Registry that serves the Person. A withdrawal that neither of them made has no effect. From its receipt by the licensee or its logging by that Registry, whichever is earlier, the licensee does not Generate under the Deal and, while the notice stands, has no Permission under Section 3 to Generate the Person; it passes the notice to its Provider at once, which is bound on notice. The Deal stays a contract and is read as stating this right. Where it is silent on money and on Outputs already made, the Person returns the part of any payment for Generation not yet made and owes nothing more, and Section 7(d) applies to Outputs already made. Generation under the Deal resumes only when the Person confirms the Deal again; that confirmation opens.
(e) Outputs under a Deal. A Deal is the Person's yes. Where Approval applies under Section 8(e), the licensee sends Outputs, at the pace the Deal states or a reasonable one, through a channel the Deal names or else the Registry Section 8(d) names; the Person answers within 7 days after an Output so reaches the Person, as that channel or Registry logs, and refuses only by naming the term of the Deal or of this Licence it breaks; the licensee may then ask for another. A refusal without such a reason, no answer in time, or a material failure of another duty under the Deal not cured within 7 days after notice lets the licensee end the Deal by notice and recover what it paid for Generation that no Approval has made usable. Dislike of an Output that breaks neither is no ground to end it.
(f) Other agreements. Any written agreement becomes a Deal from the time it meets Section 1(d); one sentence citing this Licence and the code suffices. The agreement sets every commercial term, the law and the courts for disputes. Between the parties the agreement prevails over this Licence, which fills only what it leaves out; but no agreement sets aside Section 5, Section 2(a), paid Training with an end date under paragraph (b), the Record under Section 8(d), the label under Section 8(f), Section 9(f) or paragraph (d), each for its own point. Nothing in this Licence or a Deal overrides a collective agreement that protects the Person and binds You. An agreement that is not a Deal is not described as made under this Licence.
Section 11. Termination and reinstatement
(a) Automatic end. If You fail to comply with this Licence as to a Person, Your Permission from that Person ends automatically.
(b) Reinstatement. Your Permission from that Person is reinstated when the Person expressly reinstates it, or automatically when You cure Your first failure as to that Person within 30 days after You discover it or the Person notifies You of it, whichever is earlier. Under a Deal this applies to every failure. To cure, You stop or correct the act and, where the failure concerns the Generation or what an Output shows, Remove the Outputs concerned.
(c) No automatic reinstatement for a breach of Section 5, for showing, publishing or delivering an Output without a required Approval other than as Section 8(e)(1) allows, or for a Request You knew to be untrue.
(d) What continues. Every term that by its nature outlasts the Permission, including the Reservation, Section 5, the deletion duties and Your promises under Section 9, continues after Your Permission ends. An Output Generated within the Permission before the failure, and that the failure does not concern, remains within Section 7(d); the end takes effect at the failure.
Section 12. Remedies, fraud and error
(a) Outside the Permission. The Person has every remedy the law gives for an act outside the Permission; no remedy in this Licence excludes another.
(b) Breach. If the act is within the scope of Your acceptance under Section 9, or breaks a promise under Section 9(d), it is also a breach of this Licence, unless Section 8(h), 9(g) or paragraph (d) says otherwise. You agree that it may cause harm money cannot repair and that the Person may seek an order to stop and remove an Output, without security where the court may dispense with it.
(c) Who may enforce. The Person; the Person's legal representative; anyone the Person authorises in writing; and, after the Person's death, whoever the law puts in the Person's place.
(d) Fraud and error.
- A record the Person did not make is not a Statement, Deal or Approval and never gives Permission. But where the Person gave another the means to make it or took part in it, it has effect, despite Sections 1(d) and 2(a), as the Person's Statement, Deal or Approval, other than a Deal under Section 5(a), and the Person is liable for it. An act Authenticated with a second factor or certificate the Person enrolled or controlled is presumed the Person's own; the Person bears the burden of showing otherwise.
- Where item 1 does not apply and the Person lodges with the Registry or trust service that confirmed such a record, or with a court, a claim that a third party deceived it, or its own error led it, into doing so, from Your notice of the claim You Generate nothing under the record until the claim is decided; if rejected, Generation resumes without confirmation. Once a Registry or trust service, under its published procedures, or a court establishes the deception or error, claimed or not, and that item 1 does not apply, the Person owes nothing under the record, a licensee that acted in good faith recovers any payment not yet paid out and keeps its claim against the deceiver, and the Person may require You to Remove Outputs depicting the Person.
- You are not in breach for relying on such a record if a Registry on the Steward's list when it did so had confirmed it under its published procedure, or it carried a signature of the kind in Section 1(c)(2) that You verified against its certificate; You did not know, and had no reason to suspect, that it was not the Person's; You met Section 8; and on notice of that finding You do as Section 9(g) requires. Nothing in this paragraph passes Your loss to the Person except as item 1 states, or limits a Likeness Right of the real person.
- Where a misrepresentation of age, identity or authority led to a record Section 5(d) does not allow, that paragraph applies to it, and items 2 and 3 apply as if the misrepresentation were the deception and the record were not the Person's. A Registry that verified under its published procedures is not at fault; where the minor deceived it, the licensee may also claim its loss from the minor's legal representatives under the law.
(e) Content under the floors. Whatever else this Licence provides, within 48 hours after You receive a notice that identifies an Output of the Person and names the paragraph of Section 5(a), (b) or (c) that covers it, You Remove it. You need not where the Output plainly falls outside that paragraph or, for a notice naming only Section 5(a) and not saying anyone shown was a minor, is within a Deal under Section 5(a), or where the notice is not from the Person, names Section 5(a) or 5(c), and the Person has Approved the Output, or a Deal covers it, as outside that paragraph. That exception lifts only this duty for that notice and permits nothing.
Section 13. Registries
(a) Not a party. A Registry is not a party to this Licence and cannot give a Permission. Its signature on a Statement means that it followed its published procedure, not that the Person signed.
(b) A Registry's own terms. A Registry may have its own terms with the Person and with Providers for its service, fees, liability and disputes with it. Those terms cannot widen a Permission, narrow a Reservation, set Section 5 aside, reduce what You owe the Person, or limit, delay or charge for the Person's right to change, withdraw or Stop a Statement, withdraw from a Deal or move to another Registry; between You and the Person, this Licence controls.
(c) Equal standing. Each Person has one home Registry, the one serving the Person. The Person may move to another listed Registry, and must when the Registry stops serving the Person; the Statement, its Deals and Records and the code issued for the Person keep their identity and effect.
(d) Answers. A Registry's answer reports the Rules and whether they are Authenticated. An answer that reports no Statement, or no decision, permits nothing and forbids nothing, and is not a statement that a use is lawful.
Part 3. General
Section 14. Warranty, disclaimer and limitation
(a) Warranty. Where a Statement, Deal or Approval permits anything, the Person warrants that it is the Person's own act and that the Person has reached the Age of Majority and has capacity. Under Section 5(d) the legal representative warrants its own act, its authority and the Person's true age, and this Section binds the representative, not the Person, for those acts. A Stop carries no warranty. Otherwise the Person offers the Permission as it is and warrants nothing: not that the Person holds any Likeness Right or has given no right to anyone else, that an Output infringes no right of another, or that a use is lawful.
(b) No liability of the Person. To the extent the law allows, the Person is not liable to You on any legal ground for loss arising from this Licence, a Statement, its change or withdrawal, or an Output, except for loss the Person causes by fraud, by a breach of the warranty in paragraph (a), under Section 12(d)(1) or under an obligation taken on in a Deal, including a refund or compensation under Section 10(d) or (e).
(c) Your liability. Nothing in this Licence limits Your liability to the Person, and the Permission never relieves You of a duty You owe to anyone else or under any law.
Section 15. Interpretation, law and courts
(a) The Rules control. The Rules, with the meanings in Section 6, decide what is permitted. A card, deed, badge, name or other summary is an aid to reading.
(b) Narrow reading. Where a term of this Licence or of a Statement can be read in two ways, the reading that permits less use of the Likeness applies.
(c) Unenforceable terms. A term that cannot be enforced is changed only as far as needed to enforce it or, failing that, removed, and the rest stays in force. A condition of the Permission that cannot be enforced against You leaves the act it concerns outside the Permission.
(d) No waiver. A failure to enforce a term waives nothing. A waiver binds the Person only if the Person signs it.
(e) Electronic form. An electronic record or signature meets any requirement in this Licence for writing or signature, to the extent the law allows.
(f) Mandatory protection. Nothing in this Licence takes from the Person a protection that the law of Home gives and that cannot be given up by agreement, nor from You, if You are a consumer, such a protection under the law of the place where You live.
(g) Law. This Licence chooses no law; each claim, including one in contract under this Licence, is decided under the law that applies to it.
(h) Courts. The Person may bring a claim under this Licence in any court that has jurisdiction over You, including the courts of Home where the law of Home allows. A claim against the Person under this Licence, or under a Deal that names no courts, may be brought only in the courts of Home.
Section 16. Versions, translations and the Steward
(a) Fixed text. This version of this Licence is named Terms of Generation 1.0, in short ToG 1.0, and has the identifier ToG-1.0, the only spelling by which a Statement cites it. Its text never changes and is identified by the SHA-256 hash of the text between "Legal code begins" and "Legal code ends", those lines excluded, every text in square brackets replaced, with its brackets, by the completed text, computed as the profile prescribes.
(b) Versions. A text is a version of this Licence only if the Steward publishes it as one, with a new number and hash; a change to the meaning of any term takes a new major number. An earlier version stays in force for every Statement that cites it, for as long as such a Statement or an Output made under it may be checked.
(c) Translations. An official translation is one the Steward publishes with its own hash. A Statement may cite an official translation, which then governs that Statement, read with this English text, the reading that permits less use of the Likeness applying. Any other translation is an aid to reading and may name this Licence if it says it is unofficial and that this English text controls; a record that cites it is read as citing this English text.
(d) Copying and changing this text. The Steward holds the copyright in this text and licenses it on these terms. Anyone may copy and distribute it unchanged, or make a changed text under another name and identifier that neither is or begins ToG nor uses the Steward's name except to state how it differs, and that claims neither to be this Licence or approved by the Steward nor this text's hash or identifier. A Statement that cites a changed text is not a Statement under this Licence. "Terms of Generation" is a general name, free for anyone to use.
(e) The Steward. The Steward is not a party to this Licence and has no rights under it other than those in paragraph (d). It cannot change a published version or any Statement, and is not a Registry. It deposits each published version of this Licence and the profile, with hash and date, in a public archive. If there is no Steward, this Licence continues to apply as written, with the last list published under paragraph (f).
(f) Registries and sources. The Steward publishes the list of Registries and of the sources a Lookup must query, under criteria it publishes first and applies to every Registry alike; it lists, suspends or removes a Registry only with public notice, reasons and a chance to answer, and a listing ranks no Registry. The criteria require a listed Registry to keep Section 13(b) in its terms, to keep and remove versions of a Statement as Section 7(h) states, to hand over, on a move or before it closes, what the profile prescribes, to report every Stop and withdrawal made as Section 2(c) or 10(d) allows, to return payments as Section 12(d)(2) states, and to state in its terms that it answers for a wrong identity or age only where it breached its own procedures.