Last updated: April 6th, 2022
All visitors, users, and others accessing or using the Application Services must read these “Terms of Service” (“Terms”) carefully before using the Application Services operated by WOMBO Studios, Inc. (“WOMBO,” “us,” “we”). The “Application Services” (the “Service(s)”) means the websites, apps, software, programming interfaces, tools, features, and functionality accessed or used via wombo.art or the “Dream by WOMBO” app, or marketed, advertised, or marked by WOMBO with the name “Dream.”
As a visitor, user, or other individual or entity accessing or using the Services (“user(s)” or “you”), your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to any part of the Terms, then you may not access or use the Service.
If you use the Service on behalf of an entity then “you” includes you and that entity, and you represent and warrant that: (i) you are an authorized representative of the entity with the authority to bind the entity to these Terms; and (ii) you agree to these Terms on the entity’s behalf.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
All intellectual property in the Services protectable in any jurisdiction worldwide is and will remain the exclusive property of WOMBO and any licensors to WOMBO or third-party developers, if applicable.
Users may only use WOMBO’s trademarks and trade dress in accordance with these Terms, and may not otherwise use WOMBO’s trademarks or trade dress in connection with any product or service without the prior written consent of WOMBO.
Users own all artworks created by users with assistance of the Service, including all related copyrights and other intellectual property rights (if applicable). Users must, as individuals or in a group, contribute creative expression in conjunction with use of the Service, such as in creating or selecting prompts or user inputs to use with the tools offered by the Service. Users acknowledge that artworks generated without creative expression from the user may not be eligible for copyright protection.
Regardless of the creativity of users, WOMBO cannot guarantee the uniqueness, originality, or quality, or the availability or extent of copyright protection for any artwork created by users with assistance of the Service.
You hereby grant WOMBO a worldwide, non-exclusive , non-sublicensable, royalty-free license to copy, reproduce, and display artworks you create using the Service for promotional purposes on the Service.
WOMBO welcomes feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that WOMBO may use and disclose Feedback in any manner and for any purpose without notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to WOMBO any and all right, title, and interest to all intellectual property (including any rights in patents, copyrights, trade secrets, trademarks, or know-how) that may exist in the Feedback. You agree not to provide any Feedback that infringes upon or violates the intellectual property or other rights of others.
WOMBO hereby grants you a limited, nonexclusive, nontransferable, non-sublicensable, and personal license to access and use the Service provided that such license is subject to your continued compliance with these Terms. Users may not use the Service for any of the following “Prohibited Uses.” All Prohibited Uses are a violation of these Terms, and WOMBO revokes all licenses from users engaging Prohibited Uses or otherwise violating the Terms.
(i) Users shall not, intentionally or unintentionally, knowingly or knowingly, access or use the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
(ii) Users shall not access or use the Service to copy, modify, or create derivative works of the Service or any related software or code, or reverse engineer, disassemble, decompile, decode, adapt, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to the Service, or otherwise attempt to derive or gain access to any software component of the Service, including those of third parties.
(iii) Users shall not use the Service from a country sanctioned by the government of the United States, or use the service to facilitate transactions involving individuals sanctioned by the government of the United States or located in sanctioned countries. The Service may be subject to U.S. export control laws and regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations. The user shall not, and shall not permit any third parties to, directly or indirectly, export, reexport, or release any components of the Service to any jurisdiction or country to which, or any party to whom, the export, reexport, or release of the Technology is prohibited by applicable federal law, regulation, or rule. The user shall comply with all applicable federal laws, regulations, and rules.
(iv) Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.
Notwithstanding the foregoing, WOMBO retains the right to revoke access or use of the Service to users at any time at its own discretion, or to discontinue the Service altogether.
In exchange for access to or use of the Service, such as to access or use artistic tools or NFT-generation software, you agree to attribute or give appropriate credit to WOMBO for its assistance in generating any artwork in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
Users are solely responsible for the safety and management of keys associated with blockchain addresses, smart wallet addresses, and transactions occurring between third parties such as sales of minted NFTs on other platforms or with other individuals. WOMBO will not be able to restore any not be able to restore any artwork or NFTs lost due to lost private keys.
User acknowledges that cryptographic and blockchain technologies including the Ethereum blockchain, NFTs, cryptocurrencies, and smart contracts are novel, experimental, and speculative, and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto. User acknowledges that once deployed to a blockchain or smart wallet address, WOMBO cannot modify the code of smart contracts.
User acknowledges that the fiat-denominated prices and value in public markets of assets such as ETH and NFTs have historically been subject to dramatic fluctuations and are highly volatile. User acknowledges and agrees that the costs and speeds of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase or decrease dramatically at any time, resulting in prolonged inability to access or use any ETH or NFTs.
Blockchain technologies, NFTs, cryptocurrencies, smart contracts, and digital assets are subject to many legal and regulatory uncertainties, and access to or use of NFTs or the Service may be adversely impacted by regulatory or legal changes, actions, suits, investigations, claims, fines or judgments, which could impede or limit the ability of users to continue the use and enjoyment of such assets and technologies.
If you believe your content is being infringed upon by access to or use of the Service, please submit a claim to firstname.lastname@example.org.
The Service may contain links to third-party websites, products, or services that are not owned or controlled by WOMBO, and your use of or access to the Service may entail using, accessing, or interacting with third-party websites, products, or services.
WOMBO has no control over and assumes no responsibility for the content, privacy policies, terms of service or use, or practices of any third-party websites or services. WOMBO provides no warranties regarding the offerings of any third party entities or individuals, or their websites.
You acknowledge and agree that WOMBO 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 use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. You may pay, subscribe, or incur fees in connection with third-party offerings.
WOMBO has no control over and can provide no refunds for payments, subscriptions, or fees incurred through third-party offerings, including fees through smart wallet addresses or gas fees for use of blockchain technologies. WOMBO does not operate, maintain, or have custody or control over other applications, platforms, or marketplaces, and WOMBO has no ability to undo, reverse, or restore any transactions occurring through other applications, platforms, or marketplaces. WOMBO is not a party to any agreements between you and third parties.
We strongly advise that you read the terms of service or use and privacy policies of any third-party websites or services that you visit, use, access, or interact with related to your use of the Services.
You agree to defend, indemnify, and hold harmless WOMBO and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees), resulting from or arising out of: (i) your use of and access to the Service, by you or any person using your account and password; or (ii) a breach of these Terms.
In no event shall WOMBO be liable for any losses realized or demanded of users related to users’ access to or use of the Service, including any losses for intellectual property infringement. Notwithstanding the foregoing, in no event shall the maximum aggregate liability of WOMBO for damages exceed WOMBO’s fees actually received from each user (such as Minting Fees).
In no event shall WOMBO nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from: (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party; (iii) use of any content obtained from or generated in whole or in part by the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
The service and relevant open-source components are provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. in no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the service or the use or other dealings in the service.
WOMBO specifically disclaims all warranties arising from course of dealing, usage, or trade practice. WOMBO makes no warranty of any kind that the service, or any products or results of the use thereof, will meet users’ or any other person’s requirements, operate without interruption, be available at any time or in any geographic location, achieve any intended result, be compatible or work with any software, system, or other services, or be secure, accurate, complete, free of harmful code, or error free. WOMBO makes no warranty or representation that the service does not infringe upon the intellectual property rights of others, that the service will not incidentally infringe upon the intellectual property rights of others by nature of its operation, or that artworks created by users with assistance of the service will be eligible for copyright protection. wombo cannot guarantee the security of any data that users disclose online. No advice or information, whether oral or obtained from the service, will create any warranty or representation not expressly made herein. you accept the inherent security risks of providing information and dealing online over the internet and will not hold WOMBO responsible for any breach of security.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for some types of damages. To that end, the exclusions of warranties and the limitations of liability are to the fullest extent permitted by law.
WOMBO reserves 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. WOMBO may from time to time in its sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Service. User agrees that WOMBO has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Customer acknowledges that the Updates may affect performance of the Service and user experience.
At WOMBO’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Any dispute between the user and WOMBO ineligible for arbitration shall be heard in the state or federal courts of California.
All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a representative or collective class basis. Only individual relief is available, and claims of more than one user, person, or entity cannot be arbitrated or consolidated with those of any other user, person, or entity.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and WOMBO regarding the Service, and supersede and replace any prior agreements that may have existed between you and WOMBO regarding the Service.
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