Terms and Conditions of Use

***Last updated: April 12, 2024.

Welcome to Solana Trading Card Company LLC ("Company"). Company agrees to provide website features and other products and services to you when you visit or shop at Company, use Company products or services. By using the Company services, you agree to the following conditions.

PRIVACY

Company does not sell, trade, or lease any client information of any kind. We aim to keep your communications and transactions 100% private. Period.

ELECTRONIC COMMUNICATIONS

When you use Company's website(s) including www.solanadonkeybusiness.com, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the our Shopify services.

COPYRIGHT

All content included in or made available through any Company website or publication, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Company or its content suppliers and protected by United States and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Company service are trademarks or trade dress of Company in the U.S.A.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Company services. This license does not include any resale or commercial use of any Company service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Company service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted are reserved and retained by Company or its licensors, suppliers, publishers, rightsholders, or other content providers. No Company service, nor any part of any Company service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing Company's name or trademarks without the express written consent of Company. You may not misuse the Company services. You may use the Company services only as permitted by law. The licenses granted by Company terminate if you do not comply with these Conditions of Use or any Company Terms and Conditions.

YOUR ACCOUNT

You may need your own Company account to use certain Company services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Company does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Company services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers. Company reserves the right to refuse service, terminate accounts, terminate your rights to use Company services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Company reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Company and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Company for all claims resulting from content you supply. Company has the right but not the obligation to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Company respects the intellectual property of others. We will immediately work to peaceably resolve any infringement occurrences. If you believe that your intellectual property rights are being infringed, please submit a complaint.

RISK OF LOSS

All purchases of physical items from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Company does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Company does not take title to the refunded item. For more information about our returns and refunds, please see our the return policy description of the product ordered.

PRODUCT DESCRIPTIONS

Company attempts to be as accurate as possible. However, Company does not warrant that product descriptions or other content of any Company service is accurate, complete, reliable, current, or error-free. If a product offered by Company itself is not as described, your sole remedy is to return it in unused condition.

SANCTIONS AND EXPORT POLICY

You may not use any Company services if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Company services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods sold by Company.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE COMPANY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COMPANY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE COMPANY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES, COMPANY'S THIRD PARTY SERVERS OR ELECTRONIC COMMUNICATIONS SENT ON BEHALF OF COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY COMPANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY COMPANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE

SPECIFIED IN WRITING.

DISPUTES

Before seeking a court adjudication arising from any dispute or claim relating in any way to your use of any Company services, both parties agree to arbitration prior. User agree to pay for arbitration costs in the event of a non-victorious outcome. If deemed necessary by the arbitrators, all claims will be adjudicated in the state or Federal courts in Riverside County, Palm Springs, CA, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

APPLICABLE LAW

By using any Company service, you agree that applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and Company.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your use of Company Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Solana Trading Card Company LLC, P.O. Box 928, Palm Springs, CA 92263.

ADDITIONAL SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Company services (the "Company Software").

Use of the Company Software. You may use Company Software solely for purposes of enabling you to use the Company services as provided by Company, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Company software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Company software in whole or in part. All software used in any Company service is the property of Company or its software suppliers and is protected by United States and international copyright laws.
Use of Third Party Services. When you use the Company Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Company Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Company Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the Company Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Company Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other Company or third-party terms applicable to any portion of Company Software, such as open-source license terms, such other terms will control as to that portion of the Company Software and to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Company accepts service of subpoenas or other legal process only through Company's national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:

Attn: Legal Department – Legal Process, Solana Trading Card Company LLC, c/o United States Corporation Agents, Inc. 131 Continental Drive, Suite 305, Newark, DE, 19713.

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints. You may submit written claims of copyright infringement to our Copyright Agent at:

Solana Trading Card Company LLC, c/o Copyright Agent Legal Department P.O. Box 928, Palm Springs, CA 92263.

Written claims concerning copyright infringement must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.