Terms Of Service
These Terms of Service (“Terms”) govern your access to and use of waterproofgenius.com (the “Website”), owned and operated by Waterproof Genius (“we”, “our”, or “us”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Website.
1. Use of the Website
1.1 Eligibility: By using the Website, you affirm that you are at least 18 years old or have reached the age of majority in your jurisdiction. If you are under 18 years old, you may only use the Website with the involvement of a parent or guardian.
1.2 License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use.
1.3 Prohibited Conduct: You agree not to engage in any of the following prohibited activities:
(a) Use the Website in any unlawful manner or for any unlawful purpose; (b) Violate these Terms or any applicable laws or regulations; (c) Interfere with or disrupt the operation of the Website or the servers or networks connected to the Website; (d) Attempt to gain unauthorized access to the Website or any portion thereof; (e) Use any robot, spider, scraper, or other automated means to access the Website; (f) Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; (g) Collect or store personal information about other users without their consent; (h) Upload, post, transmit, or otherwise make available any content that is harmful, offensive, obscene, or otherwise objectionable; or (i) Engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website.
2. Intellectual Property Rights
2.1 Ownership: The Website and all materials therein, including but not limited to text, graphics, logos, images, audio clips, video clips, and software, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.
2.2 License Grant: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the materials on the Website for your personal, non-commercial use.
2.3 Restrictions: Except as expressly permitted by these Terms, you may not modify, adapt, translate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any materials obtained from the Website.
3. User Content
3.1 User Content: The Website may allow you to submit, post, or otherwise make available content, including but not limited to text, images, audio, and video (“User Content”). You retain ownership of any User Content you submit, but by submitting User Content to the Website, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in connection with the operation of the Website and our business.
3.2 Responsibility for User Content: You are solely responsible for the User Content you submit, and you represent and warrant that you have all necessary rights and permissions to submit such User Content and grant the licenses set forth in these Terms. We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, in our sole discretion.
4. Privacy
4.1 Privacy Policy: Your use of the Website is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.
5. Termination
5.1 Termination: We may terminate or suspend your access to the Website, in whole or in part, at any time and for any reason, without prior notice or liability to you.
5.2 Effect of Termination: Upon termination of your access to the Website, your license to use the Website will automatically terminate, and you must immediately cease all use of the Website.
6. Disclaimers
6.1 Disclaimer of Warranties: THE WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
6.2 Limitation of Liability: IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Governing Law and Jurisdiction
7.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of Nepal, without regard to its conflicts of law principles.
7.2 Jurisdiction: Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Nepal.
8. Changes to these Terms
8.1 Changes: We reserve the right to update or modify these Terms at any time and for any reason, without prior notice or liability to you. Any changes to these Terms will be effective immediately upon posting the revised Terms on the Website. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.
9. Contact Us
9.1 Contact: If you have any questions or concerns about these Terms, please contact us at admin@waterproofgenius.com.
10. Entire Agreement
10.1 Entire Agreement: These Terms constitute the entire agreement between you and us regarding your use of the Website and supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral, relating to the subject matter of these Terms.