All citizens, residents of or persons or entities involved with the countries presented in the list below are explicitly prohibited from using the App. We accept no liability if any of the persons or entities involved with the countries from the below mentioned list will enter the App or interact with it in any way. The list of countries the involvement with which results in prohibition of the use of the App include:
- • US
- • Cuba
- • Democratic People’s Republic of Korea
- • Iran
- • Somalia
- • South Sudan
- • Syria
- • Sudan
- • Venezuela
- • Yemen.
The term "Persons or entities involved with a country" means:
3. USER REGISTRATION
- 1. Any natural person resident of the country;
- 2. Any partnership or cooperation organized or incorporated under the laws of the country;
- 3. Any estate of which any executor or administrator is a person involved with the country;
- 4. Any trust of which any trustee is a person entities involved with the country;
- 5. Any agency or branch of a foreign entity located in the country;
- 6. Any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the country;
- 7. Any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the country; and
- 8. Any partnership or corporation if:
- (a) Organized or incorporated under the laws of any foreign jurisdiction; and
- (b) Formed by a a person involved with the country principally for the purpose of investing in the Interests in the Partnership or
- (c) Investing in securities not registered under the U.S. Securities Act of 1993 as amended (the “Securities Act”), unless it is organized or incorporated, and owned, by accredited investors (as defined in Rule 501 (a) under the Securities Act) who are not natural persons, estates, or trusts.
• 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 Space Animals.
• 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 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 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 party’s 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”).
• Upload user-generated content which violates copyright rights, or pictures displaying nudity, pornography, sexual act of human or animal or activities that are overly suggestive or sexually provocative, hate speech, narcotics, or any kind of xenophobia and aggression, including military aggression. These actions may lead to permanent account termination
• 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.
Certain requirements for the user-generated content are applied in order for the app to be acceptable to the general audience. The notion of user-generated content applies both to the NFTs minted in the app and the content published in the user's social media account bound to the app. The types of content prohibited to be used for NFT generation or/and promoted, endorsed or published in the user's social account include:
• Alcohol, Tobacco, and Drug Reference, including consumption of alcoholic beverages, tobacco products, other drugs or illegal substances.
• Blood, and Gore. Depictions of blood or the mutilation of body parts. Other graphic content, including in an animated or another unrealistic form.
• Violence. References to violent acts. Promotion or glorification of violence. Rape, sexual violence and harassment.
• Sex. Pornography. Sexual References, including non-explicit depictions of sex. Nudity, including implied nudity. Sex toys. Products in the shape of certain body parts (genitals etc.), including those of animals. The objectification of a person in a sexual manner.
• Aggression, including military aggression. Physical conflicts or references to conflicts.
• Politically, culturally or racially divisive or insensitive content. False or misleading information, including conspiracy theories, misinformation and disinformation.
• Strong language. The use of profanity or other kinds of indecent language.
• Military-related content, including uniforms, weapons, etc.
• Crude and adult humour. Depictions or dialogue involving vulgar antics, including "bathroom" humour, slapstick, suggestive humour, or mature humour, including sexual references.
• Real gambling, i. e. betting or wagering real cash or currency, or simulated gambling. Simulated gambling, gambling without betting or wagering real cash or currency.
• Offensive or profane content, including vulgar and sickening content. Hate speech. Promotion of racial, ethnic, gender, and other kinds of conflict and antagonism. Any kind of xenophobia.
• Political campaigning.
• Content that infringes upon or violates the rights of any third party, including copyright, trademark or privacy rights.
• Advertising other similar projects to Space Animals in connected to Space Animals social media, making false claims or hate speech against Space Animals or its team members5. FEE AND PAYMENT
Any purchases (“pet NFTs”) from the Space Animals in-app marketplace will be done through smart contracts on a blockchain using the implemented in-app noncustodial wallet. Any financial transactions that you engage in will be conducted solely through the Blockchain via the implemented in-app non-custodial wallet . 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 BSC network. BSC requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the BSC network. The Gas Fee funds the network of computers that run the decentralized BSC 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 commission of 1% or higher of the total value of that transaction (each, a “Commission”), which will be sent to a pet charity chosen by a user as a donation. You acknowledge and agree that such a Commission will be transferred directly to us through the BSC Network as a part of the transaction. As between us, you will be solely responsible to pay any and all sales, use, valueadded 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, or minting of any “pet NFT”). Except for income taxes levied on Space Animals, 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.6. SUBMISSION
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. You grant to the Company a non-exclusive, irrevocable, global license (including the right to sublicense to third parties) to exercise the intellectual property rights in any content you submit through the App or the Services for any purpose.7. 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.9. TERMINATION
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, NONINFRINGEMENT, 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 BSC NETWORK, 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 APP, BSC NETWORK, OR IN-APP NON-CUSTODIAL WALLET. 12. 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 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.13. 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 «pet NFTs», which may also be subject to significant price volatility. We cannot guarantee that any purchasers of pet NFTs will not lose money. B. You are solely responsible for determining what, if any, taxes apply to your Space Animals-related transactions. Space Animals is 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 «pet NFTs». This is because such NFTs exist only by virtue of the ownership record maintained on the App’s supporting blockchain on the BSC network. Any transfer of NFTs occurs only on the BSC 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 Space Animals will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the BSC network, however caused. E. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Space Animals ecosystem, and therefore the potential utility or value of «pet NFTs».14. INDEMNIFICATION
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.16. MISCELLANEOUS