Interpretation

The words of which the initial letter is capitalized have meanings defined under the subsequent conditions. The subsequent definitions shall have the identical meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% (fifty percent) or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Art means any art, design, and drawings that will be related to the Cyber Genie that You Own.

Cyber Genie means unique collectable and digital piece of art in the form of NFT that allows you to create and develop your meta identity in a virtual reality.

Device means any device that may access the Service like a computer, a cellphone, or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Goods refer to any items and/or services offered available for sale on the Service, including but not limited to Cyber Genies.

Internet Browser means an application software for accessing the World Wide Web (Internet) that You may use to access the Service.

NFT means a non-fungible token.

Orders mean a request by You to purchase Goods from Us.

Own means, with reference to a Cyber Genie, that You have purchased or otherwise rightfully acquired from a legitimate source, where proof of such purchase is recorded on the relevant blockchain.

Service refers to the Website.

Smart Contract(s) refers to specially developed blockchain smart contact(s) on Ethereum and Polygon networks which support the Service enabling users to own, transfer, gift to other users, and perform other available actions with the Cyber Genie.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and Us regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Third Party IP means any third party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.

Wallet means a software cryptocurrency wallet used to interact with the blockchain. It allows You to access and interact with decentralized platforms like Our Service. Wallets that can be used to access the Services are Metamask, Coinbase Wallet. Such a list of the supported Wallets can be updated at any time as per Our decision.

Website refers to The Cyber Genie as our online platform, accessible from https://thecybergenie.com.

You mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

Please read these Terms carefully before using the Service, the Smart Contract(s), or the Website. The Terms govern Your use of the Service, the Smart Contract(s), and therefore the Website, unless we have executed a separate written agreement (official document) with You for such purposes. We are only willing to make the Service, the Smart Contract(s), and the Website available to You if you accept all of these Terms.

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and Us. These Terms (which may be updated from time to time by Us) set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with the Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of the Terms, then You may not access or use the Service.

The Website and the Service are intended for users who are at least 18 years old. People under the age of 18 are not permitted to use or register for the Site, the Service, and the Smart Contract(s).

The information on the Website, the Service and the Smart Contract(s) are not intended for distribution to or used by 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, those persons who choose to access the Website and/or the Service from other locations do so on their own initiative and are solely responsible for compliance of local laws, if and to the extent local laws are applicable.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with our Privacy Policy. The Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

The Cyber Genie And Our Service (Platform)

Cyber Genie is a unique collectible and digital piece of art in the form of NFT that allows you to create and develop your meta identity in a virtual reality. In The Cyber Genie you choose your digital identity by choosing the Cyber Genie that you like. All the 5K Cyber Genies are unique, with different facial expressions, body colour, and traits. Each avatar can be used later in the app as a “card”. Based on the rarity of each card, different benefits will be given. These benefits are to be defined as per Our decision after BETA Launch.

You accept and acknowledge each of the following:

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 Cyber Genie, which can even be subject to significant price volatility.

You are solely to blame for determining what, if any, taxes apply to your Cyber Genie-related transactions. We don't seem to be to blame for determining the taxes that apply to your transactions on the Website, or the Smart Contract(s).

The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the potential utility or value of the Cyber Genie.

The platform does not store, send, or receive Cyber Genies. This is because the Cyber Genie exists only by virtue of the ownership record maintained on the platform’s supporting blockchain in the Ethereum & Polygon network. Any transfer of Cyber Genie occurs within the supporting blockchain in the Ethereum & Polygon network, and not on the platform.

A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Cyber Genie ecosystem, and therefore the potential utility or value of Cyber Genies.

Upgrades by Ethereum to the Ethereum platform, a hard fork in the Ethereum platform, or a change in how transactions are confirmed on the Ethereum platform may have unintended, adverse effects on all blockchains using the ERC-721 standard, including the Cyber Genie ecosystem.

Upgrades by Polygon to the Polygon platform, a hard fork in the Polygon platform, or a change in how transactions are confirmed on the Polygon platform may have unintended, adverse effects on all blockchains using the ERC-721 standard, including the Cyber Genie ecosystem.

Placing Orders For Goods, Transactions

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

To use the Service You may first install: (i) Internet Browser and an electronic wallet compatible with the Non-Fungible Token (NFT) standard on the Ethereum & Polygon network; (ii) Electronic wallets which allow You to purchase, store, and engage in transactions using Ethereum or Polygon cryptocurrency.

Transactions occur on the Website are managed and confirmed via the Ethereum or Polygon blockchain. You understand that your Ethereum or Polygon public address is going to be made publicly visible whenever you engage in a transaction on the Service.

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order.

By submitting such information, You grant Us the right to provide the information to third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We may not refuse or cancel Your Order at any time for any reason. Any potential Order is made solely and entirely through the Ethereum or Polygon Network blockchain and cannot, whether in whole or in part, be cancelled or revised. Please read carefully any Order conditions before its execution.

Prices Policy

We reserve the right to revise its prices at any time prior to accepting an Order.

Fees And Payments

If You elect to purchase, sale Cyber Genies on the Service, or with or from other users via the Service, any financial transactions that You engage in will be conducted solely through the Ethereum or Polygon network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. In consideration of the above mentioned, 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 through the Service, or using the Smart Contract (s), 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 through the Service.

You are solely responsible to pay any and all sales, use, goods and services (GST), value-added (VAT) and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively referred as the “Taxes”) related to Your use of the Website (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or any other further transitions of any of your Cyber Genies). Subject to the above, You: 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 We shall be entitled to deduct the amount of any such taxes, duties or assessments from payments made to Us pursuant to the Terms.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which can end in immediate termination of Your account on Our Service.

You get access to Your account via your Wallet. You are responsible for safeguarding Your Wallet that You use to access the Service and for any activities or actions under Your Wallet. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

We neither own nor control any Wallet, any Internet Browser, the Ethereum network, the Polygon network or any other third party site, product, or service that You might access, visit, or use for the purpose of enabling You to use the various features of the Service. We will not be liable for the acts or omissions of any such third parties, no will We be liable for any damage that You may suffer as a result of your transactions or any other interaction with any such third parties.

User Obligations

You agree that You are chargeable for your own conduct while accessing or using the Service, and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations.

You may not, and may not allow any third party, including but not limited to:

• Use the Website or the Services for any unlawful purpose or in any way that is illegal in the territory from which you are accessing the Website;
• Use the Website, Services or Smart Contract (s) from a territory in which the use of the Website, Services, or Smart Contract (s) are illegal or if your use of the Website, Services, or Smart Contract (s) would violate any applicable law or regulation;
• upload, post, transmit or otherwise make available through the Service any content that violates the copyright or other intellectual property rights of any parties;
• distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes or any other items of a destructive or deceptive nature;
• impersonate another person (through the use of an email address or otherwise);
• create user accounts by automated means or under false or fraudulent pretences;
• use the Service to infringe the legal rights (such as rights of privacy and publicity) of others;
• engage in, promote or encourage illegal activities (including, without limitation, money laundering or financial terrorism activities);
• interfere with other users' possibility to use the Service;
• modify, adapt, translate or reverse engineer any part of the Service;
• post any content on the Service containing hate or violent material or containing any other material, products or services which violate or encourage conduct in breach of any criminal law, any other applicable law or any third party rights;
• send, upload, distribute or disseminate any illegal, defamatory, harassing, abusive, fraudulent, obscene or otherwise objectionable content.

If You engage in any of the activities prohibited by this Section, We may, at our sole and absolute discretion, without notice to You, and without limiting any of Our other rights or remedies at law or in equity, immediately suspend or terminate your user account and/or delete your Cyber Genies’ images and descriptions from the Service and the Website. If We delete your Cyber Genies’ images and descriptions from the Service and/or the Website, such deletion will not affect your ownership rights in any NFTs that You already Own.

Intellectual Property & Ownership

The Service and its original content, features and functionality are and will remain Our exclusive property and our licensors. The Service is protected by our copyright and trademarks. Our trademarks and trade dress may not be used in connection with any product or service without Our prior written consent.

You Own the NFT. Each Cyber Genie is a non-fungible token (an “NFT”) on the Ethereum or Polygon blockchain. When You purchase a Cyber Genie, You own the underlying NFT completely. This means that You have the right to trade your NFT, sell it, or give it away as a gift etc.

Ownership of the NFT is mediated entirely by the Smart Contract(s) and the Ethereum or Polygon Network: at no point We may seize, freeze, or otherwise modify the ownership of any Cyber Genie.

You acknowledge and agree that We own all legal right, title and interest in and to all other elements of the Service, and all intellectual property rights therein, including but not limited to all Art, designs, systems, methods, information, computer code, software, services, organization, compilation of the content, code, data, and all other elements of the Service (further collectively referred as the ”Our Contributions”. You acknowledge that the Our Contributions are protected by copyright, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. Except as expressly set forth herein, your use of the Service does not grant You ownership of or any other rights with respect to any content, code, data, or other Our Contributions that You may access on or through the Service. We reserve all rights in and to the Our Contributions that are not expressly granted to You in these Terms. For clarification purposes, You herein agree that You will not apply for, register, or otherwise use or attempt to use any Our trademarks 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.

License to Art

Subject to your continued compliance with these Terms, We grants You a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased Cyber Genies for the following purposes:

1. 1. for Your own personal and/or commercial use;
2. 2. as part of any marketplace(s) that permits the purchase and sale of your Own Cyber Genie provided that the marketplace cryptographically verifies each Cyber Genie owner’s rights to display the Art to ensure that only the actual owner can display the Art; or
3. 3. as part of a third party website or application that permits the inclusion, involvement, or participation of your purchased Cyber Genie, provided that the website/application cryptographically verifies each Cyber Genie owner’s rights to display the Art to ensure that only the actual owner can display the Art.

You agree that You may not, nor permit any third party to do or attempt to do any of the foregoing without Our express prior written consent in each case:

1. 1. to change the Art for the Cyber Genie you have purchased in any way, including, without limitation, forms, designs, pictures, features or colour schemes;
2. 2. to use the Art for the Cyber Genie You have purchased to promote, marketing or selling any third party product or service;
3. 3. to use the Art for the Cyber Genie you have purchased in relation to pictures, videos or other media displays which depict hatred, intolerance, abuse, violence or anything else which can be justifiably regarded as inciting hatred or otherwise injurious to the rights of others;
4. 4. to attempt to use a trademark, copyright or otherwise acquire/obtain further intellectual property rights in the Art for or on the Cyber Genie you have purchased;

In all cases, according to the license granted You shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Service; (b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Service; (c) violate any applicable laws, rules, or regulations in connection with your access or use of the Service; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by Us or the licensors of the Service; (e) use the Service for any other purpose for which it is not designed or intended; (f) use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service; (g) use the Service to send automated queries to any website or to send any unsolicited commercial e-mail; or (h) use any proprietary information or any of Our interfaces or Our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Service.

Your Feedback To Us

You assign all rights, title and interest in any Feedback You provide to Us. If for any reason such assignment is ineffective, You agree to grant Us a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links To Other Websites

Our Service may contain links (hyperlinks) to third-party web sites or resources (services) that are neither owned nor controlled by Us (hereinafter the "External Websites"), which are made available solely for the convenience of Our users. We do not control any External Websites. Further, You hereby agree that We are not responsible for the accessibility of such External Websites and that We do not sponsor any advertising, products or other content on or available from any External Websites.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any External Websites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such External Websites.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

You may terminate these Terms at any time by cancelling your account on the Website and discontinuing your access to and use of the Service. You will not receive any refunds if You cancel Your account, or otherwise terminate the Terms. You agree that We, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your Account(s) for the Service. You agree that any suspension or termination of your access to the Service may be without prior notice, and that We will not be liable to you or to any third party for any such suspension or termination. If We terminate these Terms or suspend or terminate your access to or use of the Service due to your breach of the Terms or any suspected fraudulent, abusive, or illegal activity, then termination of the Terms will be in addition to any other remedies We may have at law or in equity. Upon any termination or expiration of these Terms, whether by You or Us, You may no longer have access to information that you have posted on the Service or that's associated with your account, and You acknowledge that We are going to haven't any obligation to take care of any such information in Our databases or to forward any such information to You or to any third party.

Limitation Of Liability

Notwithstanding any damages that You might incur, Our entire liability and any of our suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or USD 100.00 (one hundred US Dollars) if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall We or our suppliers be responsible for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if We or any supplier have been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

In some cases, law does not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations might not apply. In these cases, each party's liability will be limited to the greatest extent permitted by law.

You comply with to hold harmless and indemnify Us and Our Affiliates, subsidiaries, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys' fees arising out of or in any way associated with (i) your breach of the Terms, (ii) your misuse of the Service, or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Service. You agree that We will have control of the defence or settlement of any such claims.

Cyber Genies are NOT investment vehicles. Cyber Genies are collectible digital art pieces that also function as fun, non-fungible tokens (NFT) for You to collect. Cyber Genies were created as art pieces intended for people to enjoy by collecting, not as a financial instrument of any kind. Acquisition of Cyber Genie(s) (as a NFT) does not present an exchange for any form of shares, debentures or other securities, and You as an owner of the NFTs are not entitled to any form of dividend or profit. We make absolutely no promises, expectations or guarantees regarding the value of our NFTs aside from the one that we will strive to do the best for the project and the Cyber Genies’ community.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, We, on our own behalf and on behalf of our Affiliates and our and their respective licensors and service providers, expressly disclaim all warranties, whether express, implied, statutory or otherwise, with respect to the Service. Without limitation to the foregoing, We provide no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Us nor any of the our provider make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of Us are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

These Terms are drawn up, construed and subject to the exclusive jurisdiction of Germana. The laws of Germany, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Us and negotiate to clarify, identify and possibly resolve problems, disputes and deficiencies, if any have actually occurred. To do this you need to contact Us via the email address specified in these Terms by writing to Customer Service. Any disputes or differences arising out of or in connection with this Terms shall be settled by negotiation subject to the above mentioned procedure.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes To These Terms And Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 15 (fifteen) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. You agree that any above notice shall be executed in the form of publication of the new version of the Terms on our Website. Every time You use the Service You should acknowledge yourself about current conditions of these Terms.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using Website and the Service.

Contact Details

If you have any questions about these Terms and Conditions, You can contact us at info@thecybergenie.com.