Eligibility

In order to use the Site and Service, you must be 18 years of age or over, or of the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the Site and Service only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service on your behalf.

Description of Service

The Service enables you to create Non Fungible Tokens (NFTs) on the Solana blockchain which you will use in the Service while playing the Genopets game. To use the Service, you are required to connect a compatible Solana blockchain wallet (such as Phantom wallet) to the Service. Genopets is NOT affiliated with Solana or the blockchain wallet you choose to connect to the Service. You acknowledge and agree that Genopets is only providing you the tools to create NFTs on Solana and is not responsible for your private keys associated with the wallet you choose to connect to the Service. It is your responsibility at all times to keep your blockchain wallet keys secure.

Your License

We grant you a limited license to use the Service for your personal non-commercial use in accordance with these Terms, any instructions and guidelines posted on the Site and all applicable laws, rules and regulations.

Except for the limited license expressly granted herein, you acknowledge and agree that we shall own all right, title and interest in and to the Service, including without limitation all intellectual property rights therein. The Service is for your personal use and is not for resale or other transfer or disposition to any other person or entity. In addition, you specifically agree not to: (a) reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the underlying software and technology used by us to make available the Service (collectively, the “Genopets Software”), or any part thereof; (b) attempt to derive the source code, audio library or structure of the Genopets Software, or (c) sell, rent, lease, distribute, assign, sublicense, convey, transfer, pledge as security or otherwise encumber or transfer (including by loan or gift) the rights and licenses granted hereunder.

We reserve the right to discontinue any aspect of the Site and/or the Service at any time. We further reserve the right to terminate your license to use the Service at any time and for any reason, or in the future, to charge for commercial usage.

Your Account

In order to use certain Service, you will have to provide a unique email address and username and connect it with a Solana wallet. We may refuse to grant you, and you may not use, a username that is already being used by someone else, that impersonates another person, that belongs to another person (without that person’s prior consent), that violates the intellectual property or other rights of any person, that is vulgar or otherwise offensive, or that we reject for any other reason, at our sole discretion.

You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. We reserve the right to suspend or terminate your registration, without warning, if you are found to have misrepresented any registration information. You agree to immediately notify us of any unauthorized use of your password or account, or any other breach of security. You will be solely responsible for safeguarding your password and also for any actions under your account, whether authorized by you or not. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Your Responsibility

You are solely responsible for your use of the Site and the Service. The Service allows you to upload content to the Site such as graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials (collectively, “Your Content”) that may be viewed on, accessed through, or contributed to the Service.

You shall be solely responsible for Your Content and the consequences of uploading and editing Your Content with the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions for Your Content uploaded and edited through use of the Service or the Site.

You retain ownership rights in Your Content. However, by submitting Your Content to the Site, you grant us a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, and display, Your Content in connection with the Site and the Service and our (and our successors’ and affiliates’).

You further warrant that Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all the licenses granted herein. We do not permit copyright infringing activities and infringement of intellectual property rights through the use of the Service, and we will remove Your Content, or any part thereof, if properly notified that such content infringes on intellectual property rights of a third party. We reserve the right to remove Your Content without prior notice.

Our Content

You acknowledge and agree that the Site uses and contains proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties. The trademarks, service marks, and logos featured with the Service and the Site, including, without limitation, Genopets logo and design (collectively, the “Marks”), are owned by or licensed to us, subject to trademark, copyright, and other intellectual property rights under the law and may only be reproduced as provided in these Terms and/or with our express prior written permission. Other trademarks that appear on the Site that are not owned by or licensed to us (e.g., trademarks associated with third-party websites shown with links featured on the Service) are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Privacy Policy

Acceptance of these Terms of Service constitutes acceptance of our Privacy Policy, which can be found here: https://www.genopets.me/privacy-policy. If you do not agree to the Privacy Policy or these Terms, please discontinue using the Site and the Service.

Disclaimer of Warranties and Limitation of Liability

WE PROVIDE THE SITE AND THE SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, AND/OR (IV) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

You understand and agree that your use of the Site and the Service is at your own discretion and risk and that you will be solely responsible for any damages that arise from such use including, without limitation, for loss of data and or any type of malfunction to your computer. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SITE AND/OR THE SERVICE AND ANY (I) ERRORS AND OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR UNSECURED AND SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY COMPUTER BUGS, VIRUSES, OR SIMILAR MECHANISMS WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THE SITE AND/OR THE SERVICE OR WITH US SHALL BE TO TERMINATE USE OF THE SITE AND THE SERVICE.

Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless us, our parent corporation, owners, members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site and/or the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

Termination

We reserve the right to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever. In addition, we will immediately terminate your access to the Site and the Service if you are determined to be a repeat infringer of others’ intellectual property rights and/or engage in other activity in violation of these Terms.

General

These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Products is excluded and does not apply to these Terms. If any dispute relating in any way to these Terms or the policies or your use of the Website shall be submitted to confidential arbitration in Los Angeles County, California, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral.