The information on the Site, the App, and the Smart Contracts are not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who access the Site and/or the App while breaking their laws in his, her or its jurisdiction are doing it on their own initiative and will have to deal with the consequences when applicable.
Your access and use of GENSOKISHI may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the GENSOKISHI service or other actions that we, in our sole discretion, may elect to take.
We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result.
We require you to be majority with fully legal capacity pursuant to the laws of your country or jurisdiction. If you are under the legal age of being a majority, you may only use GENSOKISHI through a parent or guardian’s account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use GENSOKISHI if you are under 13 years old.
YOU UNDERSTAND THAT GENSOKISHI NFTS AND ANY TOKENSISSUED BY US (“MV”, “ROND” AND “MINI-ROND”, AND COLLECTIVELY “GENSOKISHI TOKENS”) HAVE NOT BEEN AND WILL NOT BE REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), AND ANY SECURITIES EXCHANGE ACT IN ANY OTHER COUNTRIES. BESIDES, THE SELLING OF GENSOKISHI NFTS OR GENSOKISHI TOKENS IS NOT CONSIDERED A METHOD FOR FUND RAISING, THOSE WHO OWN GENSOKISHI NFTS OR GENSOKISHI TOKENS DO NOT HAVE ANY RIGHT TOWARD METAP INC. FOR EXAMPLE, THE RIGHT TO CLAIM AN EQUITY OWNERSHIP TO METAP INC, OR THE RIGHT TO CLAIM THE FUTURE CASH-FLOW OF METAP INC. IF GENSOKISHI NFTS AND GENSOKISHI TOKENS ARE DEEMED TO BE, OR BE INTEGRAL TO, A TRANSACTION, CONTRACT OR SCHEME CONSTITUTING A SECURITY, OR THE SECURITIES LAWS OTHERWISE APPLY TO THE GENSOKISHI NFTS AND GENSOKISHI TOKENS, THEN THE OFFERS AND SALES OF SUCH SECURITY HAVE NOT BEEN REGISTERED UNDER ANY COUNTRY'S SECURITIES LAWS AND, THEREFORE, CANNOT BE RESOLD EXCEPT IN COMPLIANCE WITH THE APPLICABLE COUNTRY'S LAWS. YOU UNDERSTANDS THAT GENSOKISHI NFTS AND GENSOKISHI TOKENS MAY BE, A “RESTRICTED SECURITY” UNDER APPLICABLE LAWS AND THAT, PURSUANT TO THESE LAWS, YOU MUST HOLD THESE GENSOKISHI NFTS AND GENSOKISHI TOKENS INDEFINITELY. YOU ACKNOWLEDGES THAT THE COMPANY HAS NO OBLIGATION TO REGISTER OR QUALIFY FOR RESALE THESE GENSOKISHI NFTS AND GENSOKISHI TOKENS. YOU FURTHER ACKNOWLEDGES THAT IF AN EXEMPTION FROM REGISTRATION OR QUALIFICATION IS AVAILABLE, IT MAY BE CONDITIONED ON VARIOUS REQUIREMENTS INCLUDING, BUT NOT LIMITED TO, THE TIME AND MANNER OF SALE, THE HOLDING PERIOD, AND ETC. WHICH ARE OUTSIDE OF THE YOUR AND OUR CONTROL.
1. INTELLECTUAL PROPERTY RIGHTS
In this Term, when you purchase or procure any GENSOKISHI NFTs, you own the GENSOKISHI NFTs, which means that you have the right to trade your GENSOKISHI NFTs, sell them, or give them away (i.e., transfer them), and are fully responsible for all activities and interactions carried out in connection with the GENSOKISHI NFTs. Ownership of the GENSOKISHI NFTs is governed entirely by the Smart Contract and the relevant Blockchain Network.
You acknowledge and agree that Metap Inc. (or our affiliates and licensors, if applicable) owns all intellectual property rights (including but not limited to copyright, trademark right, patent right, and etc.), legal rights, titles and interests in and to all GENSOKISHI NFTs, including but not limited to all arts, designs, drawings, systems, methods, information, computer codes, software, services, website designs, "look and feel", organization, compilation of the contents, codes, data and database, functionality, audio, video, texts, photographs, graphics, and all other elements of the GENSOKISHI NFTs (collectively, the "Materials"). You acknowledge that the Materials are protected by copyright, trade dress, patent, and trademark law, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Materials are the copyrighted property of Metap Inc. (or our affiliates and licensors, if applicable), and all trademarks, service marks, and trade names associated with the GENSOKISHI or otherwise contained in the Materials are proprietary to Metap Inc. (or our affiliates and licensors, if applicable). Except as expressly set forth herein, your access to or use of the Site, the App, or the Smart Contracts does not grant you ownership of or any other rights with respect to any contents, codes, data, or other Materials. We reserve all rights in and to the Materials that are not expressly granted to you in these Terms.
For the sake of clarity, you understand and agree: (a) that any intellectual property rights (including but not limited to copyright, trademark right, patent right, and etc.) to any GENSOKISHI NFT you own shall be vested in Metap Inc. (or our affiliates and licensors, if applicable) at all times; (b) that your purchase or procurement of a GENSOKISHI NFT does not give you any rights or licenses in or to the Materials (including, without limitation, our copyright in and to the associated any art, design, and drawings that may be associated with a GENSOKISHI NFT that you own) other than those expressly contained in these Terms; (c) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, display, use commercially, or otherwise commercialize any elements of the Materials (including, without limitation, any art, design, and drawings that may be associated with a GENSOKISHI NFT that you own) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (d) that you will not apply for, register, or otherwise use or attempt to use any GENSOKISHI trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
We grant to you a non-exclusive, world-wide, royalty-free license to use propriety rights in the GENSOKISHI NFTs for the following purposes:
- (1) use in GENSOKISHI as Creatures or Assets;
- (2) for your own personal, non-commercial, and reasonable use.
All intellectual rights of GENSOKISHI NFTs are owned by us pursuant to Article 1 of this Term. To the extent that any such intellectual property rights are vested in you under any applicable laws of the country or jurisdiction where you reside or access to or use of GENSOKISHI, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to grant us a worldwide, exclusive, non-transferable, royalty-free license to us or assign such intellectual property rights to us without any charge. In this situation, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant or assign the rights granted or assigned herein. You represent and warrant that such GENSOKISHI NFT is not subject to copyright, trademark, trade dress, patent, trade secret, publicity rights, other intellectual property rights, or any other legal rights unless you have necessary permission or are otherwise legally entitled to grant us the license or assign the intellectual rights to us described above, and that the GENSOKISHI NFT does not violate any applicable laws.
2. INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
GENSOKISHI will send takedown notices and/or other intellectual property infringement claims and will remove the GENSOKISHI NFT which Infringes or violates the intellectual property rights or any other legal rights of others from the GENSOKISHI, or terminate a user's access to the Site, the App and the Smart Contracts.
If you believe that your copyright, trademark right, trade dress, patent, trade secret, publicity right, any other intellectual property rights, or any other legal rights have been infringed by any GENSOKISHI NFT, please inform us via the Email address we provide on the GENSOKISHI website. For us to process your infringement claim, you must be the rightsholder or someone authorized to act on behalf of the rightsholder. We suggest the following information could be included in the Email that you send to us:
- ● Identification of the copyrighted work(s), trademark, trade dress, publicity rights, patent, trade secret, any other intellectual property rights, or any other legal rights that you claim is being infringed;
- ● Identification of the allegedly infringing GENSOKISHI NFT that is requested to be removed;
- ● Your contact information – at a minimum, your full legal name (not pseudonym) and email address;
- ● A declaration that contains all of the following:
- o A statement that you have a good faith belief that use of the GENSOKISHI NFT in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
- o A statement that the information in the notice is accurate; and
- o A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
- ● Your physical or electronic signature (of your full legal name).
Please note that we will forward your Email regarding intellectual property infringement, including your contact information, to the party who will have their GENSOKISHI NFT removed from GENSOKISHI so that they can understand why it is no longer available on GENSOKISHI and can also contact you to resolve any dispute.e use the following cookies:
3. USER REPRESENTATIONS
(6) you will not use the Site, the App, and the Smart Contracts for any illegal and unauthorized purpose; and (7) your use of the Site, the App, and the Smart Contracts will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, the App, and the Smart Contracts (or any portion thereof). (8) you (a human being) will only use one in-game account to earn tokens. (9) you, as an GENSOKISHI NFTs owner, are responsible for the actions of any "scholars" (other Users using any GENSOKISHI NFTs you own such as a cosplay equipment), and that their actions can have consequences for any connected accounts that you own. (10) you have not been included in any trade embargoes or economic sanctions list (such as united nations security council sanctions list), the list of specially designated nationals maintained by OFAC (the office of foreign assets control of the U.S. department of the treasury), the denied persons or entity list of the U.S. department of commerce, the economic sanctions and target list of the Japan ministry of finance, and the persons or entity announced on the website of ministry of Japan economy, trade and industry. (11) GENSOKISHI, we, or any third-party providers we work with, may store the IP address you use to access the site.
Metap Inc. reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of GENSOKISHI services in certain countries or regions.
4. USER REGISTRATION
You may be required to register with the Site, the App, and the Smart Contracts. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site, the App, and the Smart Contracts for any purpose other than that for which we make the Site, the App, and the Smart Contracts available. The Site, the App, and the Smart Contracts may not be used in connection with any commercial endeavors except if agreed to in a binding legal contract with Metap Inc. The following activities are prohibited, you agree and warrant that you will not breach any of them:
- • Systematically retrieve data or other content from the Site, the App, and the Smart Contracts to create or compile, directly or indirectly, a collection, compilation, database, or directory without prior written permission from us.
- • Make any unauthorized use of the Site, the App and the Smart Contracts, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretenses.
- • Use a buying agent or purchasing agent to make purchases on the Site, the App, and the Smart Contracts.
- • Use the Site, the App and the Smart Contracts to advertise or offer to sell goods and/or services.
- • Circumvent, disable, or otherwise interfere with security-related features of the Site, the App and the Smart Contracts, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site, the App and the Smart Contracts and/or the Content contained therein.
- • Engage in unauthorized framing of or linking to the Site, the App, and the Smart Contracts.
- • Trick, defraud, or mislead us and other Users, especially in any attempt to learn sensitive account information such as User passwords.
- • Make improper use of our support services or submit false reports of abuse or misconduct.
- • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools, except as mentioned in 2.5)
- • Interfere with, disrupt, or create an undue burden on the Site, the App, and the Smart Contracts or the networks or services connected to the Site.
- • Attempt to impersonate another User or person or use the username of another User.
- • Sell or otherwise transfer your profile.
- • Use any information obtained from the Site, the App, and the Smart Contracts in order to harass, abuse, or harm another person.
- • Use the Site, the App, and the Smart Contracts as part of any effort to compete with us or otherwise use the Site, the App, and the Smart Contracts and/or the Content for any revenue-generating endeavor or commercial enterprise.
- • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, the App, and the Smart Contracts.
- • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site, the App, and the Smart Contracts.
- • Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site, the App, and the Smart Contracts to you.
- • Delete the copyright or other proprietary rights notice from any Content.
- • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any Users’ uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site, the App and the Smart Contracts.
- • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- • Except as may be the result of standard search engines or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, the App and the Smart Contracts, or using or launching any unauthorized script or other software.
- • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site, the App, and the Smart Contracts.
- • Use the Site, the App, and the Smart Contracts in a manner inconsistent with any applicable laws or regulations.
- • Engage in any practice that aims to manipulate the outcome of any GENSOKISHI. All Users should play to the best of their abilities and any sort of cheating, win-trading, or colluding between Users is strictly prohibited.
- • Using multiple accounts to earn tokens is strictly prohibited.
- • Lending the account to a third party.
- • To apply for a refund for any unlawful purpose (i.e., for the purpose of gaining profit for oneself or a third party, for the purpose of causing damage to the Company, or for any other unlawful or unjust purpose equivalent thereto) in the marketplace, store, or any other applications provided by this service. (2) The Company shall be responsible for making a reasonable judgment as to whether it is unlawful or not.
6. FEE AND PAYMENT
Any purchases (e.g., buying GENSOKISHI NFTs) from the site or marketplace will be done through smart contracts on a blockchain using a wallet like MetaMask. Any financial transactions that you engage in will be conducted solely through the Blockchain via a wallet such as MetaMask. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site and/or the App or using the Smart Contracts, or any other transactions that you conduct via the Ethereum or Polygon network.
Ethereum or Polygon requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum or Polygon network. The Gas Fee funds the network of computers that run the decentralized Ethereum or Polygon network. This means that you will need to pay a Gas Fee for each transaction that occurs via the App.
In addition to the Gas Fee, each time you utilize a Smart Contract to conduct a transaction with another User via the App, you authorize us to collect a percentage of the total value as commission on that transaction (each, a “Commission”). The exact percentage will be determined on a case-by-case basis. You acknowledge and agree that the Commission will be transferred directly to us through the Ethereum or Polygon network as a part of the transaction.
As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the App (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, purchase or trade of any of your GENSOKISHI NFT). Except for income taxes levied on us, you: (i) will pay or reimburse us for all national, federal, state, local, or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, the App and the Smart Contracts (“Submissions") provided by you to us are non-confidential and should become our sole property. We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
8. THIRD-PARTY WEBSITE AND CONTENT
We allow advertisers to display their advertisements and other information in certain areas of the Site and the App such as sidebar advertisements or banner advertisements. If you are an advertiser, you should take full responsibility for any advertisements you place on the Site and/or the App, and any services provided on the Site and/or the App, or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site and/or the App, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12.1 Informal negotiations
12.2 Binding Arbitration
If a Party is unable to resolve a Dispute through informal negotiations, the Disputes (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. All Disputes arising out of or in connection with this Term shall be finally settled by arbitration in accordance with the Commercial Arbitration Rules of The Singapore International Arbitration Centre (SIAC). The place of the arbitration shall be Singapore.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the courts located in Singapore, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such courts.
In no event shall any Dispute brought by either Party related in any way to the Site, the App and the Smart Contracts be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
12.3 Exceptions to the Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration: (a) any Dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of a Party, (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal and unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE, THE APP AND THE SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT THE SITE, THE APP AND THE SMART CONTRACTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE, THE APP AND THE SMART CONTRACTS AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE, THE APP AND THE SMART CONTRACTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE, THE APP AND THE SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE, THE APP AND THE SMART CONTRACTS OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE, THE APP AND THE SMART CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE SITE, THE APP AND THE SMART CONTRACTS WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK, POLYGON NETWORK, AND/OR THE METAMASK ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE FORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE, THE APP, THE SMART CONTRACT, ETHEREUM NETWORK, POLYGON NETWORK, AND/OR THE METAMASK ELECTRONIC WALLET.
GENSOKISHI NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE ETHEREUM OR POLYGON NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM OR POLYGON NETWORK. METAP INC. HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS. WE ARE NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE ETHEREUM NETWORK, POLYGON NETWORK, AND/OR THE METAMASK ELECTRONIC WALLET. INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE ETHEREUM OR POLYGON NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
14.LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE SITE, THE APP AND THE SMART CONTRACTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100) US DOLLAR.
YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE THE SITE, THE APP AND THE SMART CONTRACTS AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE, THE APP AND THE SMART CONTRACTS TO YOU WITHOUT THESE LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
15. ASSUMPTION OF RISK
You accept and acknowledge each of the following:
A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your GENSOKISHI NFTs which may also be subject to significant price volatility. We cannot guarantee that any purchasers of GENSOKISHI NFTs will not lose money.
B. You are solely responsible for determining what, if any, taxes apply to your GENSOKISHI NFT-related transactions. We are not responsible for determining the taxes that apply to your transactions on the App, the Site, or the Smart Contracts.
C. The App does not store, send, or receive any GENSOKISHI NFTs. This is because GENSOKISHI NFTs exist only by virtue of the ownership record maintained on the App’s supporting blockchain on the Ethereum or Polygon network. Any transfer of GENSOKISHI NFTs occurs only on the Ethereum or Polygon network.
D. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum or Polygon network, however caused.
E. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the ecosystem of GENSOKISHI NFTs, and therefore the potential utility or value of GENSOKISHI NFTs.
F. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the GENSOKISHI ecosystem, and therefore the potential utility or value of GENSOKISHI NFTs.
G. Upgrades to the Ethereum or Polygon network may have unintended, adverse effects on all GENSOKISHI NFTs.
17. USER DATA AND PRIVATE POLICY
You acknowledge and agree that we will maintain certain data that you transmit to the Site, the App and the Smart Contracts for the purpose of managing the performance of the Site, the App and the Smart Contracts, as well as data relating to your use of the Site, the App and the Smart Contracts. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using the Site, the App and the Smart Contracts. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.