Terms of Service

1. Eligibility

You must be at least 18 years old to use our Services. By using the Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements.

2. Important Disclaimers

2.1. No Financial Advice

The information provided on this Site, including but not limited to information about the BOBINA token, the presale, and tokenomics, is for informational and entertainment purposes only. It does not constitute financial, investment, legal, or any other type of advice. You should not interpret any such information or other material as a solicitation, recommendation, endorsement, or offer by BOBINA COUNCIL to buy or sell any securities or other financial instruments.

2.2. Assumption of Risk

You acknowledge that cryptocurrency and digital assets are highly volatile and speculative. Your participation in the presale or any transaction involving the BOBINA token involves substantial risk of loss, and you may lose your entire contribution or investment. You are solely responsible for conducting your own research and making your own decisions.

3. User-Generated Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User-Generated Content" or "UGC"), including "Bobina" images.

3.1. Your Responsibility

You are solely responsible for the UGC you submit. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the UGC you submit. You also affirm that your UGC does not violate any laws or infringe on the rights of any third party.

3.2. Content Warning and Your License to Us

You acknowledge that UGC may include content that is "lewd," suggestive, or otherwise considered mature. By using the Site, you affirm you are not offended by such content. By submitting UGC, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the UGC in connection with the Service.

3.3. Moderation

We are not obligated to screen or monitor UGC. However, we reserve the right to remove, edit, or disable any UGC at our sole discretion, for any reason or no reason, and without notice. We do not assume any liability for any UGC, including any failure to remove or delay in removing it.

4. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Submitting UGC that is hateful, defamatory, obscene, or that infringes on intellectual property rights.
• Attempting to interfere with the proper functioning of the Service, including using bots, scrapers, or other automated means to access the Service or manipulate the voting system.

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your User-Generated Content; (2) your use of the Service; (3) your breach of these Terms of Service.

8. Intellectual Property Rights

8.1. Bobina Character Ownership

The "Bobina" character, including all visual representations, designs, and associated creative elements, is the exclusive intellectual property of Bobina Council LLC ("Bobina Council"). All rights, title, and interest in and to the Bobina character, including but not limited to copyrights, trademarks, trade dress, and all derivative works thereof, are owned by and vest exclusively in Bobina Council. Bobina Council's ownership is established through original creation, first use in commerce, and continuous exclusive use of the Bobina character in connection with the services provided through this domain.

8.2. Bot Outputs and Generated Content

Bobina Council owns all outputs generated by our bots, artificial intelligence systems, and automated content generation tools, including but not limited to the Bobina Maker Bot and any other proprietary systems. This ownership extends to all content created using our proprietary datasets, training materials, and algorithmic processes. Bobina Council's rights include the exclusive right to create merchandise, promotional content, derivative works, and other commercial uses of the Bobina character and all bot-generated content. These rights are protected under applicable copyright, trademark, and trade secret laws.

8.3. Legal Foundation of Ownership

Bobina Council's intellectual property rights are established through: (a) original authorship and creation of the Bobina character and associated works; (b) ownership and control of the proprietary datasets, training materials, and creative processes used to generate content; (c) continuous and exclusive commercial use of the Bobina character in connection with the domain bobina.moe; (d) registration and protection of intellectual property rights where applicable; and (e) investment of substantial time, effort, and resources in developing and maintaining the Bobina brand and associated content ecosystem.

8.4. Enforcement and Protection

Any unauthorized use, reproduction, distribution, or commercial exploitation of the Bobina character, bot-generated content, or related intellectual property constitutes infringement of Bobina Council's exclusive rights and may result in legal action. Bobina Council reserves all rights to enforce these intellectual property rights to the fullest extent permitted by law, including seeking injunctive relief, monetary damages, and attorney's fees.

9. Trademarks

9.1. Registered and Pending Trademarks

"Bobina" and "Bobina™" are trademarks of Bobina Council LLC. The Bobina name, logo, character designs, and associated trade dress are the subject of trademark applications filed with the United States Patent and Trademark Office (USPTO), including but not limited to U.S. Application Serial No. 99/644,124. These marks are protected under federal and state trademark laws, as well as common law rights established through first use in commerce.

9.2. Use of Trademarks

You may not use any of Bobina Council's trademarks, service marks, trade names, logos, or brand elements without prior written consent from Bobina Council LLC. This includes, but is not limited to, use in domain names, social media handles, product names, marketing materials, or any context that may cause confusion as to the source, sponsorship, or affiliation of goods or services. Any permitted use must comply with Bobina Council's trademark usage guidelines and must include appropriate trademark attribution.

9.3. Reporting Infringement

If you become aware of any unauthorized use of Bobina Council's trademarks or any use that may constitute infringement, dilution, or unfair competition, please contact us immediately. Bobina Council actively monitors and enforces its trademark rights and will pursue all available legal remedies against infringers.

10. Virtual Credits System

10.1. Nature of Credits

Bobina Council offers a virtual credits system ("Credits") that can be used to access certain features of the Service, including conversations with the Bobina AI companion. Credits have no monetary value, are not redeemable for cash, and do not constitute a financial instrument or investment.

10.2. Earned Credits and Monthly Reset

Credits may be earned through participation in the platform, including but not limited to voting, submitting Bobinas, giving feedback, completing achievements, and unlocking roles. Earned credits reset to zero at the start of each calendar month. This monthly reset applies to credits earned through participation and achievements only; Credits purchased with real currency are not subject to this reset. Bobina Council reserves the right to modify the earning rates, caps, and reset schedule at any time with reasonable notice.

10.3. Purchased Credits

Credits may also be purchased using ETH or $BOBINA tokens at the rates displayed on the Credits page. Purchased Credits are not subject to the monthly reset described in Section 10.2; however, purchased Credits expire one (1) year from the date of purchase if not used. All purchases of Credits are final and non-refundable except as required by applicable law.

10.4. Modification and Termination

Bobina Council reserves the right to modify, suspend, or terminate the Credits system at any time. In the event of termination, purchased Credits balances may be honored for a reasonable wind-down period as determined by Bobina Council. Earned Credits carry no guarantee of continued availability.