GENERATIVE GOODS, INC. PRIVACY POLICY Effective as of 11/20/2023 This Privacy Policy describes how Generative Goods, Inc. (the “Company”, “we”, “us”, or “our”) collects, uses and shares your personal information if you visit https://www.generativegoods.com or our other websites or services that link to this Privacy Policy (collectively, the “Services”), contact us, receive our communications or attend our events. If you have any questions or concerns about how the Company interacts with your information or about this Privacy Policy, please email us at legal@generativegoods.com. For more information on how to exercise your privacy rights, you can read more below. Personal Information We Collect Information you provide to us. Personal information you provide to us through the Services may include: Contact information and identifiers, such as your first and last name, email address, phone number, professional title, and organization name. Profile information, such as your wallet address, username, and any account preferences for the Services. Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us. Usage information, such as information about how you use the Services and interact with us, including information you provide when you use any interactive features of the Services. Marketing information, such as your preferences for receiving communications about our products, activities, and publications, and details about how you engage with our communications. Purchase Data, such as your order history and information needed to process and fulfill your order, including order details, billing address and delivery address. Other information that we may collect which is not specifically listed here, but which we will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection. Information we obtain from other third parties. If you choose to engage with the Website via a third-party platform, or network to your account through any third-party platform, we may collect information from that platform or network. We also may receive personal information about you from third-party sources, such as marketing partners, publicly-available sources, and data providers. When obtaining such data, we use and share it in accordance with this Privacy Policy. Information Collected by Automated Means, including Cookies and Similar Technologies We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Services. The information that may be collected automatically includes your computer or mobile device operating system type and version number, manufacturer and model; device identifier; browser type; screen resolution; IP address; the website you visited before browsing to our website; general location information such as city, state or geographic area; and information about your use of and actions on the Services, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. We may collect the above information ourselves, or via cookies, pixels and similar tracking technologies on our sites. Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications. See our Cookie Policy (below) for more information. How We Use Your Personal Information We use your personal information for the following purposes and as otherwise described in this Privacy Policy (see below sections on State and Region-Specific Information and Rights) or at the time of collection: To operate our business and the Services. We use your personal information to: provide, operate, and improve the Services; establish and maintain your user profile on the Services; facilitate social features of the Services, such as our blog; communicate with you about the Services, including by sending you announcements, updates, security alerts, and support and administrative messages; understand your interests and personalize your experience with the Services; provide support and maintenance for the Services; and respond to your requests, questions, and feedback. For research and development. We analyze use of the Services to improve the Services and to develop new products and services. To send you marketing and promotional communications. We may send you marketing communications as permitted by applicable law. You can opt out of our marketing and promotional communications as described below. To comply with law. We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities. For compliance, fraud prevention, and safety. We may use your personal information and disclose it to law enforcement, government authorities, courts, and private parties as we believe necessary or appropriate to: (a) protect ours, yours, or others’ rights, privacy, safety, or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Services or any other agreements; and (c) protect, investigate, and deter against fraudulent, harmful, unauthorized, unethical, or illegal activity. With your consent. In some cases, we may specifically ask for your consent to collect, use, or share your personal information, such as when required by law. How We Share Your Personal Information We do not share your personal information with third parties without your consent, except in the following circumstances or as otherwise described in this Privacy Policy: Affiliates. We may share your personal information with our corporate subsidiaries and affiliates for purposes consistent with this Privacy Policy. Artists and Collaborators. We may share your personal information with artists and collaborators whose projects are available via the Services, including if you purchase their artwork. Service providers. We may share your personal information with third-party companies and individuals that provide services on our behalf or help us operate the Services (such as customer support, hosting, analytics, email delivery, marketing, and database management services). These third parties may use your personal information only as authorized by their contracts with us. Partners. We may sometimes share your personal information with business partners or enable them to collect information directly via our Services. See our Cookie Policy for more information about third parties that collect information through our Services with cookies and similar technologies. Third-party platforms and social media networks. If you have enabled features or functionality that connect the Services to a third-party platform or social media network (such as by connecting your account with a third party to the Services or sharing content via a third-party platform), we may disclose the personal information that you authorized us to share. We do not control the third party’s use of your personal information. Blockchains. NFTs and other artwork or projects made available through the Services may be hosted on certain blockchains. By purchasing NFTs or other artwork from us, your information will be automatically collected by these blockchain(s), which may make it available to the public. Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in relation to the Services and our relationship, and in the course of the professional services that they render to us. For compliance, fraud prevention and safety. We may share your personal information with law enforcement, government authorities, courts, and private parties for the compliance, fraud prevention and safety purposes described above. Government Requests. Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose your information if we believe that it is reasonably necessary to comply with a law, regulation, or legal request or to protect the safety, property, or rights of the Company, or others. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party or government request to disclose your information. Business transfers. We may sell, transfer, or otherwise share some or all of our business or assets, including your personal information, in connection with a (potential) business transaction such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. No Sale or Leasing of Your Information. Except as described in “How we Share Your Personal Information” section of this Privacy Policy, we will not disclose your personal information to third parties without your consent. We will not sell or lease your personal information to any third party. No Sharing of Demographic Information. If you provide demographic information to The Company, we will use that information only to the extent necessary for internal purposes as described above. We will never sell or share demographic information to third parties, unless it has been anonymized or deidentified. Data on the Blockchain The Company did not create or nor does it operate the Ethereum blockchain, or any other blockchain, on which some projects may be hosted. We have no ability to edit, delete, or modify any information that is stored on a blockchain, including the Ethereum blockchain. The information stored on the blockchain is publicly available, including to law enforcement, other companies, and the general public, and may include purchases, sales, and transfers related to your blockchain or wallet address and NFTs held at that address. By using our Services, you acknowledge that your personal information relating to your use of the Services may be irrevocably stored and made available to the public on a blockchain, and you voluntarily place your information on such a blockchain. Your Choices In this section, we describe the rights and choices available to all users. Users who are located within Europe can find additional information about their rights below. Access or update your information. If you have registered for an account with us, you may review and update certain personal information in your account profile by logging into your account. Opt out of marketing communications. You may opt out of marketing emails by following the unsubscribe instructions at the bottom of the email. You may continue to receive service-related and other non-marketing emails. Cookies & browser web storage. For information on how to disable cookies and similar technologies used in the Services, see our Cookie Policy. Choosing not to share your personal information. Where we are required by law to collect your personal information, or where we need your personal information to provide the Services to you, if you do not provide this information when requested (or you later ask to delete it), we may not be able to provide you with the Services. We will tell you what information you must provide to receive the Services by designating it as required at the time of collection or through other appropriate means. Third-party platforms or social media networks. If you choose to connect to the Services via a third-party platform or social media network, you may have the ability to limit the information that we may obtain from the third party at the time you connect your third-party account to the Services. Subsequently, you may be able to control your settings through the third-party platform. If you withdraw our ability to access certain information from a third-party platform or social media network, that choice will not apply to information that we have already received from that third party. Other Sites, Mobile Applications, and Services The Services may contain links to, or content or features from, other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or in mobile applications or online services that are not associated with us. We do not control third-party websites, mobile applications, or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use, and sharing of your personal information. We encourage you to read the privacy policies of the other websites and mobile applications and online services you use. Employment Applications If you are in the United States, the Service contains a Careers section that allows you to apply for employment at The Company. We may collect your contact information, job qualifications, and other information that you chose to share in your application. The Company will use and share your information for employment purposes, such as evaluating you for a job opportunity or communicating with you about your interests, to comply with legal requirements, and as otherwise permitted under this Privacy Policy. California Privacy Rights For rights under the California Consumer Privacy Act and the amendments to it enacted by the Consumer Privacy Rights Act (CCPA), if applicable, please see our “Notice to California Residents” below. This section covers California rights other than CCPA. Shine The Light Law. Under California law, California residents are entitled, once per calendar year, to ask us for a notice identifying the categories of personal customer information that we share with certain third parties for the third parties' direct marketing purposes, and providing contact information (i.e., names and addresses) for these third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us via email at legal@generativegoods.com. You must put the statement "Your California Privacy Rights" in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information. Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit www.allaboutdnt.com. Location of Services; International Data Transfers We are headquartered in the United States and the Services are provided by servers located in the United States. By accessing or using the Services, you are directly accessing a Service provided from within the United States. We may have service providers in other countries, and your personal information may be transferred outside of your state, province, or country to the United States or other locations where privacy laws may not be as protective as those in your state, province, or country. Children’s Privacy The Services are not directed to, and we do not knowingly collect personal information from, anyone under the age of 16. If we learn that we have collected personal information of a child without the consent of the child’s parent or guardian, we will delete it. We encourage parents with concerns to at legal@generativegoods.com. Changes to this Privacy Policy We may amend this Privacy Policy at any time by posting the amended version on the Services and indicating the effective date of the amended version. We may announce any material changes to this Privacy Policy through the Service and/or via email if we have your email address. In all cases, your continued use of the Services after the posting of any modified Privacy Policy indicates your assent to the amended Privacy Policy. How to Contact Us If you have any questions or comments about this Policy or The Company’ privacy practices, email us at legal@generativegoods.com. You may also write to us via postal mail at: Generative Goods, Inc. Attn: Privacy / Legal P.O. Box 146, Marfa, Texas 79843 State and Region Specific Information and Rights Notice to California Residents – California Privacy Notice Effective November 20, 2023 This privacy notice (“Notice”) describes how Generative Goods, Inc. (collectively, the “Company”, “we”, “us” and “our”) collect, use and share personal information about California residents in and their rights with respect to that information. Scope. This Notice applies only to “personal information”, as defined in the California Consumer Privacy Act of 2018 as amended including by CPRA (the “CCPA”), that we collect to the extent we qualify as a “business” as defined in the CCPA, but does not apply to personal information excluded from the scope of the CCPA. This Notice does not apply to you if you are not a California resident or you are otherwise not entitled to a notice under CCPA. In addition, this Notice does not apply to personal information covered by a different privacy notice that we give to California residents, such as the privacy notices we give to our California employees and job candidates. Sections 2-5 of this Notice describe our practices currently and during the twelve months preceding the effective date of this Notice. Personal Information We Collect. This section describes the personal information the Company may collect from you. This personal information we collect includes the following categories of personal information under the CCPA: Category of personal information Purposes of use Categories of Third parties to which The Company discloses this personal information Categories of third parties to which The Company “Shares” & “Sells” this personal information for advertising or analytics purposes Identifiers, such as contact and account information, and profile information All purposes listed in this Privacy Policy All third parties identified in this Privacy Policy Shared with online analytics partners. \ We do not sell. Personal information described in California Civil Code § 1798.80(e), such as payment or financial information All purposes listed in this Privacy Policy All third parties identified in this Privacy Policy We do not share or sell. Audio or electronic information, such as feedback or correspondence or customer service interaction information All purposes listed in this Privacy Policy All third parties identified in this Privacy Policy We do not share or sell. Commercial information, including transaction information All purposes listed in this Privacy Policy All third parties identified in this Privacy Policy Online analytics partners. Internet or other electronic network activity information, including usage information, and Information collected through automated means including cookies and similar technologies All purposes listed in this Privacy Policy All third parties identified in this Privacy Policy Online analytics partners. Inferences drawn from the foregoing categories of personal information, including as may be provided by third parties All purposes listed in this Privacy Policy All third parties identified in this Privacy Policy We do not share or sell. How We Use Personal Information. We may use personal information for purposes consistent with the Notice or that are explained to you at the time of collection of your personal information. How We Disclose Personal Information. We may disclose for business purposes all of the categories of personal information described above with the all categories of third parties identified in the above section of this Privacy Policy titled “How We Share Your Personal Information.” Selling or Sharing Personal Information. We do not “sell” or "share" your personal information as defined in the CCPA. Minors. The Company is not directed to children, and we don’t knowingly collect personal information from children under the age of 16; accordingly we don’t knowingly share the personal information from children under the age of 16 for cross-context behavioral advertising nor do we sell that information. If we find out that a child under 16 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 16 has given us personal information, please contact us at: legal@generativegoods.com. Sensitive Personal Information. The Company does not use or disclose sensitive personal information other than to provide you the Company Platform and as permitted by California law. The Company does not sell or share sensitive personal information for the purpose of cross-context behavioral advertising. As a result, the Company is not required to provide a “Right to Limit” the use or disclosure of sensitive personal information under California law. De-identified Information. Personal information does not include information that is de-identified. When we receive or use de-identified information, we maintain it in de-identified form and do not attempt to re-identify the information. Retention of Personal Information. We retain your information for as long as necessary to accomplish the purposes outlined in this Privacy Policy, including for any periods required by law or our policies. This means we keep your profile information for as long as you maintain an account. We retain public transactional information such as transaction identifiers, wallet information, and pricing details for at least seven years to ensure we can perform legitimate business functions, such as accounting for tax obligations. We also retain your information as necessary to comply with our legal obligations, resolve disputes, and enforce our terms and policies. Exercising Your Rights. California law provides some California residents with the rights listed below. To exercise these rights see the “Exercising Your California Privacy Rights” section below. Right to Know. You have the right to know and see what personal information we have collected about you, including: The categories of personal information we have collected about you; The categories of sources from which the personal information is collected; The business or commercial purpose for collecting or sharing your personal information; The categories of third parties with whom we have disclosed your personal information; and the specific pieces of personal information we have collected about you. Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). Right to Correct. You have the right to request that we correct inaccurate personal information. Exercising Your California Privacy Rights. To request access to or deletion of your personal information, or to exercise any other privacy rights under California law, please contact us at legal@generativegoods.com to exercise your CCPA rights. We may ask you to verify your identity or ask for more information about your request. We will consider and act upon any request in accordance with applicable law. We will not discriminate against you for exercising these rights. Verification of Your Identity. To respond to some rights we may need to verify your request by providing information about yourself or your account. If you do not have an account with us, additional information to verify your identity may be required by law before we may take action upon a request. This additional information may vary depending on the nature of your request and the nature of the information you are requesting. In some cases, we may also be required by law to obtain a signed declaration under penalty of perjury from you attesting that you are the subject of the request. If we suspect fraudulent or malicious activity on or from your account, we will delay taking action on your request until we can appropriately verify your identity and the request as authentic. You may designate an authorized agent to make a request on your behalf pursuant to applicable law. We may require verification of your authorized agent in addition to the information for verification above for consumers and households. Response Timing and Format. We aim to respond to a consumer request in relation to these rights within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing. Request Fees. We reserve the right to charge a reasonable fee or take other appropriate action in response to requests from a consumer or household that are manifestly unfounded or excessive, in particular because of their repetitive character. Notice to European Users The information provided in this section applies only to individuals in the European Economic Area and the United Kingdom (collectively, “Europe”). Personal information. References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation. Controller. Generative Goods Inc., P.O. Box 146, Marfa, Texas 79843, U.S, is the controller of your personal information covered by this Privacy Policy for purposes of European data protection legislation. Legal bases for processing. The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. The legal bases we typically rely on are set out in the table below. For example, we rely on our legitimate interests as our legal basis where those interests are not overridden by your fundamental rights and freedoms. If you have questions about the legal basis we rely on to process your personal information, contact us at legal@generativegoods.com Processing purpose Legal basis To operate our business and the Services Processing is necessary to perform the contract governing our provision of the Services or to take steps that you request prior to signing up for the Services. To communicate with you and manage your requests We may manage your requests on the basis of a contract, or steps to enter a contract. We also have a legitimate interest in processing personal information to respond to your communications and requests. To send you marketing communications Your consent or, if permitted by applicable laws, our legitimate interests. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Services. For research and development We have a legitimate interest in processing personal information to conduct research to analyze, improve or develop our products or services. For compliance, fraud prevention and safety We have a legitimate interest in processing personal information to prevent abuse and fraud; establish, exercise, defend, and preserve our rights (for example in case of litigation) and legal claims, and for safety purposes, as described in this Privacy Policy. To analyze and improve the Services and promote our business We have a legitimate interest in processing and personal information to improve our Services and promote our business. To comply with law Processing is necessary to comply with our legal obligations. With your consent Processing is based on your consent. Where we rely on your consent you have the right to withdraw it any time in the manner indicated when you consent or in the Services. Use of personal information for further purposes. We may use your personal information for further purposes not described in this Privacy Policy, only where permitted by applicable laws and provided the further purpose is compatible with the initial purpose for which we collected your personal information. If we need to use your personal information for an unrelated or incompatible purpose, we will notify you prior to such use and rely on a new and valid legal basis. Sensitive personal information. We ask that you not provide us with any sensitive personal information (e.g., social security number, government-issued identification, payment card information, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services, or otherwise to us. If sensitive personal information is however necessary and/or processed for the purposes described above, we will only process such information in accordance with this Privacy Policy and app. Retention. We retain personal information for as long as accomplish the purposes outlined in this Privacy Policy, including for any periods required by law or our policies (for example, to provide you with a service you have requested; to comply with applicable legal, tax or accounting requirements; to establish or defend legal claims; or for fraud prevention, see purposes as listed above). Following this, we will either delete or anonymize personal information. You can contact us for further information about data retention. Your Rights European data protection legislation gives you certain rights regarding your personal information. If you are located within Europe, you can ask us to take the following actions in relation to your personal information that we hold: Access. Provide you with information as to whether or not we process your personal information, information, and to give you access to your personal information. Correct. Update or correct inaccuracies in your personal information. Delete. Delete your personal information. Portability. Transmit a machine-readable copy of your personal information to you or a third party of your choice. Restrict. Restrict the processing of your personal information. Object. Object to our reliance on our legitimate interests as the basis of our processing of your personal information (including in case of profiling). Please contact us to submit these requests. We may ask you to verify your identity or ask for more information about your request. We will consider and act upon any request in accordance with applicable laws and within the time required by applicable law. We will not discriminate against you for exercising these rights. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or our response to your requests regarding your personal information, you may contact us or submit a complaint to the data protection regulator in your jurisdiction. You can find your data protection regulator here. Cross-Border Data Transfer. We are headquartered in the United States and the Services are provided by servers located in the United States. By accessing or using the Services, you are directly accessing a Service provided from within the United States. If we transfer your personal information from the European Economic Area to a country outside of it and are required to apply additional safeguards to your personal information under European data protection legislation, we will do so. Please contact us for further information about any such transfers or the specific safeguards applied. Cookie Policy Generative Goods is committed to being transparent about how we use cookies on our sites and the technologies that underpin their collection and usage. This Cookie Policy describes how the Company collects, uses, and shares information if you visit our site or our other websites or services that link to this Cookie Policy (collectively, the “Services”), contact us, receive our communications or attend our events. Generative Goods uses cookies, mobile identifiers, tracking URLs, log data and similar technologies to help provide, protect, and improve the Service. This Cookie Policy (“Policy”) supplements the Privacy Policy and explains how and why we use these technologies and the choices you have. Generative Goods does not sell your information to third parties. All sharing of your data with third-parties is described in this Policy & our Privacy Policy. Cookies help make your online experience more efficient and relevant to your interests. For instance, they are used to remember your preferences on sites you visit often, to remember your user ID and to help you navigate between pages more efficiently. We use these technologies for a number of purposes, such as: To enable, facilitate, and streamline the functioning of and your access to the Services To better understand how you navigate through and interact with Generative Goods and to improve the Services To show you content that is more relevant to you To monitor and analyze the performance, operation, and effectiveness of the Services To enforce legal agreements that govern use of the Services For fraud detection and prevention, trust and safety, and investigations For purposes of our own customer support, analytics, research, product development, and regulatory compliance. When you visit Generative Goods we may place cookies on your device. Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Cookies allow us to recognize you when you return. They also help us provide a customized experience and can enable us to detect certain kinds of fraud. In many cases the information we collect using cookies and other tools is only used in a non-identifiable manner without reference to personal information. For example, we may use information we collect to better understand website traffic patterns and to optimize our website experience. In some cases we associate the information we collect using cookies and other technology with your personal information. Our business partners may also use these tracking technologies on Generative Goods or engage others to track your behavior on our behalf. There are two types of cookies used on the Services: Session cookies: Session cookies are temporary Cookies that expire (and are removed) whenever you close your browser or otherwise end your session. Persistent cookies: Persistent cookies have an expiration date and stay in your browser until they expire or they are manually deleted. We use persistent cookies to not re-show you the cookie banner after you’ve made your choice. We also use persistent cookies to better understand usage patterns so that we can improve the site for our users. In many cases you can manage cookie preferences and opt-out of having cookies and other data collection technologies used by adjusting the settings on your browser. All browsers are different so visit the “help” section of your browser to learn about cookie preferences and other privacy settings that may be available. Please note that if you choose to remove or reject cookies or clear local storage this could affect the features, availability, and functionality of Generative Goods. Other technologies like pixel tags, web beacons, and tracking urls are tiny graphic images and/or small blocks of code placed on website pages or in our emails that allow us to determine whether you performed a specific action or to retrieve information such as your device type or operating system, IP address, time of visit, etc. When you access these pages, or when you open an email, these tools let us know you have accessed the web page or opened the email. These tools help us measure response to our communications and improve our web pages and promotions. What types of cookies and similar technologies does Generative Goods use? On our sites, we use cookies and similar technologies in the following categories described in the table below. Type Description Who serves the cookies How to control them Analytics These cookies help us understand how our services are performing and being used. These cookies may work with web beacons included in emails we send to track which emails are opened and which links are clicked by recipients. Shopify See ‘your choices’ below. Google Analytics uses its own cookies. You can find out more information about Google Analytics cookies here and about how Google protects your data here. You can prevent the use of Google Analytics relating to your use of our Sites by downloading and installing a browser plugin available here. Essential These cookies are necessary to allow the technical operation of our Services (e.g., they enable you to move around on a website and to use its features). Shopify See ‘your choices’ below. Functionality/ performance These cookies enhance the performance and functionality of our Services. Shopify See ‘your choices’ below. Server Logs and Other Technologies We collect many different types of information from server logs and other technologies. For example, we collect information about the device you use to access the Services, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also record the IP address of the device you use to connect to the Internet. An IP address is a unique identifier that devices require to identify and communicate with each other on the Internet. We may also collect information about the website you were visiting before you came to the Services and the website you visit after you leave Generative Goods. We may also collect information about your use of Generative Goods such as when we provide accessibility tools. The tools described help us improve user experience and deliver our services. Device Information We may use device-related information to authenticate users. For example, we may use your IP address, browser information, or other data provided by your browser or device to identify the device being used to access our platform. We may also use these device-related techniques for associating you with different devices that you may use to access our content including for fraud-protection purposes. Third Parties Generative Goods permits third parties to collect the information described above through our services and discloses such information to third parties for business purposes as described in this Privacy Policy. Third parties place technologies such as pixels and SDKs on the Services. These technologies: Help us analyze how you use the Services, such as by noting the third party services from which you arrived, Help us detect or prevent fraud or conduct risk assessments, and Collect information about your activities on the Services. Third Party Social Plugins The Services may use social plugins provided and operated by third parties, such as Twitter’s Tweet Button. As a result of this, you may send to the third party the information that you are viewing on a certain part of Generative Goods. If you are not logged into your account with the third party, then the third party may not know your identity. If you are logged in to your account with the third party, then the third party may be able to link information or actions about your interactions with the Services to your account with them. Please refer to the third party’s privacy policies to learn more about its data practices. Your Choices In addition to rights you may have under laws that apply to you, you may take technological steps to affect your interactions with cookies and related technologies. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you let your browser disable cookies, Generative Goods sites may not work properly. For more information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org. If you do not accept our cookies, you may experience some inconvenience in your use of our sites. From time-to-time, we may make changes to the Privacy Policy and this Cookie policy. This may be in relation to changes in the law, best practice, or changes in our services. These changes will be reflected in this statement, so you should check here from time to time. If you have any questions about this any of our policies or the described practices, you can contact us at: Mail: Generative Goods, Inc. P.O. Box 146, Marfa, TX 79843 Email:legal@generativegoods.com

 

GENERATIVE GOODS INC. TERMS AND CONDITIONS

EFFECTIVE DATE: November 20, 2023

Generative Goods, Inc., a Delaware corporation (“We” or “Generative Goods”) is the operator of the website located at www.generativegoods.com (the “Website”). This Agreement governs your use of the Website and your purchase of any products from Generative Goods  (the “Products”).  The Website and Products are offered subject to your acceptance of these Terms and Conditions (“Terms” or “Agreement”). These Terms constitute a legally binding agreement between you and Generative Goods, and you should read them carefully. By agreeing to these Terms, you also agree to the Generative Goods Privacy Policy, each of which is expressly incorporated by reference herein.

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE.

User Obligations

By downloading, accessing or using the Website, you represent that you are at least eighteen (18) years old or the legal age of majority, whichever is greater, and you are agreeing to these Terms. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Generative Goods through the Website. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Generative Goods reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Generative Goods from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify Generative Goods if you suspect or become aware of any loss, theft, or unauthorized use of your password.

Purchases through the Website

All purchases made through the Website are subject to our acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. Generative Goods expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Generative Goods reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Generative Goods reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.

Website Ownership and Content

The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Generative Goods, its licensors, licensees or other third parties (collectively the “Content”). The Website and the Content are owned, licensed, or controlled by Generative Goods, its licensors, and certain other third parties, and all right, title, interest in and to the Content and the Website are the property of Generative Goods, its licensors, or certain other third parties and are protected by United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. Subject to your agreement and compliance with this Agreement, Generative Goods grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non-commercial use only. You agree that Generative Goods may immediately and without notice to you, suspend or terminate the availability of the Website, its Content, or the Products without any liability to you or any third party.

User-Generated Content

By submitting or posting any materials or content on the Site (“User-Generated Content”), you grant to Generative Goods  a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Generative Goods  the license specified above. Generative Goods shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you. 

LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. GENERATIVE GOODS  DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE APP WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL GENERATIVE GOODS OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE OR ANY PRODUCTS.

Dispute Resolution & Arbitration Agreement

Dispute Resolution. Please read the arbitration agreement in this Section 21 (“Arbitration Agreement”) carefully. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

1. Applicability of Arbitration Agreement. You agree that all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms, or the use of any Service provided by Generative Goods, that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Generative Goods, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.
2.    Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written notice describing the nature and basis of the claim or dispute and the requested relief (“Notice of Dispute”). A Notice of Dispute to Generative Goods  should be sent to: legal@generativegoods.com. After the Notice of Dispute is received, you and Generative Goods  may attempt to resolve the claim or dispute informally. If you and Generative Goods  do not resolve the claim or dispute within thirty (30) days after the Notice of Dispute is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
3.  Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Generative Goods  made to you prior to the initiation of arbitration, Generative Goods  will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
4.    Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
5.   Time Limits. If you or Generative Goods  pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
6.  Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Generative Goods, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement; and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable; and shall also have the authority to grant motions dispositive of all or part of any claim. The exceptions to the preceding sentence are (1) all disputes arising out of or relating to the class action waiver, including any claim that all or part of the class action waiver is unenforceable, illegal, void or voidable, or such class action waiver has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) all disputes arising out of or relating to the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (3) all disputes arising out of or relating to whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Generative Goods. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
7. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Generative Goods  in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND GENERATIVE GOODS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
8.  Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the federal or state court located in TEXAS. All other claims shall be arbitrated.
9.  Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
10.    Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
11.    Right to Opt Out. You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to: legal@generativegoods.com. Such notice must be given within 30 days after first becoming subject to a version of these Terms containing an arbitration provision. Your notice must include your name and address, your Digital Wallet, the email address you used to interact with the Service, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of these Terms will continue to apply to you. Opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with us.
12.  Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
13.  Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Generative Goods.
14.  Small Claims Court. Notwithstanding the foregoing, either you or Generative Goods  may bring an individual action in small claims court.
15.   Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
16.  Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
17. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Houston, Texas for such purpose.

Links to Third Party Websites

The Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement of it, and Generative Goods expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.

Privacy

You understand, acknowledge, and agree that the operation of certain portions of this Website or the receipt of certain information, such as registering or creating an account on this Website, requires the submission, use, and dissemination of certain personally identifiable information. Please note that by providing your information to the Website, you are providing Generative Goods  your electronic signature expressly consenting to be contacted by telephone (including by automated dialing systems, prerecorded messages, SMS and MMS) at the number provided, even if the number you provide is on a corporate, state, or national Do Not Call list. You understand that your consent is not required to make a purchase. For a summary of Generative Goods ’s information collection and use, please see Generative Goods ’s Privacy Policy, which is incorporated herein by reference.

Electronic Signatures and Agreements

You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Generative Goods  to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY GENERATIVE GOODS. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.

California Proposition 65

We make this warning as a result of Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, which requires us to inform citizens in California about exposures to certain chemicals. WARNING: Products sold on this site may contain chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.

Miscellaneous

This Agreement constitutes the entire agreement between you and Generative Goods  and supersedes any prior version of this Agreement and Generative Goods . If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of this Agreement.

Contact Us – If you have any questions about these Terms of Use, the Products, or the Website, email us at legal@generativegoods.com.