Adopkins

Terms of Service

Effective Date: January 13, 2026 | Last Updated: January 13, 2026

1. Acceptance of Terms and Eligibility

By accessing or using adopkins.com (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you are prohibited from using this Platform.

ELIGIBILITY: You must be at least 18 years old to register an account, engage in transactions, or use any payment features on this Platform. Users aged 13-17 may browse publicly available content only with parental consent and supervision, but may not conduct transactions, make purchases, or sell items.

By using adopkins, you represent and warrant that you meet these age requirements and comply with all applicable local, state, national, and international laws and regulations.

2. Platform Role and Relationship

adopkins operates strictly as a neutral intermediary marketplace platform connecting Artists (sellers) and Buyers. adopkins is NOT a party to any transaction between Artists and Buyers. We do not own, control, offer, deliver, or sell any items listed on the Platform. The contractual relationship for any sale is directly between the Artist and the Buyer. adopkins provides only the technical infrastructure and services to facilitate such transactions.

3. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, ADOPKINS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (C) WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR VIRUS-FREE; (D) WARRANTIES REGARDING THE QUALITY, ACCURACY, RELIABILITY, DELIVERY, TIMELINESS, OR LEGALITY OF ANY GOODS OR SERVICES OFFERED BY ARTISTS; (E) WARRANTIES REGARDING THE CONDUCT, IDENTITY, OR CREDIBILITY OF ANY USER.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADOPKINS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, ANY TRANSACTION BETWEEN ARTISTS AND BUYERS, OR ANY OTHER MATTER RELATING TO THE PLATFORM.

IN NO EVENT SHALL ADOPKINS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO ADOPKINS (NOT TO ARTISTS) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100 USD).

5. User Accounts

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You must immediately notify us of any unauthorized use of your account.

adopkins reserves the right to suspend, disable, or terminate any user account at any time, for any reason or no reason, without prior notice or liability.

You may delete your account at any time through the Settings menu or by contacting us at console@adopkins.com. Upon account deletion, your personal data will be handled in accordance with our Privacy Policy.

6. User Content and License

You retain all ownership rights in the content you upload to the Platform ("User Content"). By uploading User Content, you grant adopkins a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, display, reproduce, modify (for technical purposes such as formatting and compression), and distribute your User Content solely for the purpose of operating, improving, and promoting the Platform.

This license continues for so long as your User Content remains on the Platform. For content you delete, the license terminates within a reasonable time after deletion, except to the extent such content has been shared with other users or is reasonably necessary for backup, archive, or legal compliance purposes. adopkins reserves the right to remove any User Content at its sole discretion without prior notice.

NO AI TRAINING: Your User Content will NOT be used to train, develop, or improve any artificial intelligence, machine learning models, generative AI, large language models (LLMs), or image generation models, whether owned by adopkins or any third party.

NO SALE OF USER CONTENT: Your User Content, including artwork, images, character designs, and audio files, will never be sold, licensed, or transferred to any third party for commercial purposes. We only use your content as necessary to operate and display the Platform as you direct.

7. Third-Party Links and External Content

Artists may provide external links (such as portfolios, social media, or other references) to establish credibility or provide additional information. adopkins does not verify, endorse, or assume responsibility for any content, representations, policies, terms of service, privacy practices, or interactions occurring on or through such external links. Users access third-party links entirely at their own risk.

8. Transactions and Payments

All transactions are conducted directly between Artists and Buyers. adopkins is not a party to any such transaction and assumes no liability for performance, delivery, quality, disputes, or cancellations. All payments processed through the Platform are considered final and non-refundable by default, unless an Artist explicitly and voluntarily agrees to issue a refund.

adopkins does not guarantee, require, or enforce refunds under any circumstances. Any refund is solely at the discretion of the Artist. Buyers acknowledge that they have no recourse against adopkins for non-delivery, non-performance, quality issues, or any other transaction-related matter.

Payment Processing

  • Payment processing services are provided by third-party payment processors (Stripe, Inc.). adopkins does not store, process, or have direct access to your full payment card information.
  • Payment settlement timelines are determined by the third-party payment processor and are subject to their terms and policies.
  • adopkins is not responsible for payment processing errors, delays, chargebacks, or disputes arising from payment network rules or processor policies.

9. Platform Assistance and User Disputes

adopkins may, at its sole and absolute discretion, offer optional assistance in resolving disputes between Artists and Buyers. Any such assistance is provided on a case-by-case basis and does not create any legal obligation, precedent, or ongoing duty to provide similar assistance in the future.

adopkins is under no obligation to investigate, mediate, arbitrate, or adjudicate any dispute. Any decision or recommendation made by adopkins is non-binding. Users acknowledge that adopkins cannot and will not be required to enforce resolutions or compel any party to take or refrain from any action.

Artist Policies

  • Artists are encouraged to clearly disclose their own policies regarding refunds, revisions, delivery timelines, and other transaction terms in their profiles or listings.
  • adopkins does not verify, endorse, or assume responsibility for any policies, representations, or content provided by Artists.
  • Buyers are solely responsible for reviewing and understanding Artist policies before entering into any transaction. Reliance on any Artist representation is at the Buyer's own risk.

10. Content Processing and Intellectual Property

File Processing and Storage

  • adopkins may process uploaded files for technical purposes, including compression, watermarking, and format conversion, to facilitate Platform functionality.
  • Display images may contain visible and/or invisible watermarks for tracking and protection purposes.
  • Original files uploaded by Artists are stored securely and are not publicly accessible except as necessary to fulfill transactions.

Delivery of Digital Goods

  • For digital goods transactions, Artists are responsible for uploading deliverable files as specified in their listings.
  • adopkins provides technical infrastructure for file delivery but does not guarantee file quality, completeness, format compatibility, or suitability for any particular purpose.
  • Download links for deliverable files are time-limited for security purposes. Buyers are responsible for downloading files within the specified timeframe.

Intellectual Property Responsibility

  • Artists represent and warrant that they own or have the necessary rights to all content they upload and that such content does not infringe any third-party intellectual property rights.
  • adopkins is not liable for any user-uploaded content that infringes third-party rights. All liability for infringement rests solely with the uploading user.
  • adopkins reserves the right to remove content that is alleged to infringe third-party rights without prior notice or liability.

11. Audio Content and Uploads

adopkins allows users to upload and attach audio files (such as MP3s) to character or profile pages for atmospheric or character-representative purposes. adopkins is strictly a marketplace platform and is NOT a music streaming, hosting, or distribution service.

Users are solely and exclusively responsible for all audio content they upload. By uploading audio, users represent and warrant that they: (a) own all necessary rights, titles, and interests in the content; or (b) have obtained explicit, valid permission or licenses from the relevant rights holders to upload, display, and perform such content on the Platform.

adopkins does not claim ownership over any user-uploaded audio content. The Platform does not actively monitor, pre-screen, or audit audio files for copyright infringement. adopkins reserves the right to remove any audio content at its sole discretion upon receiving a valid copyright notice (e.g., DMCA) or legal complaint.

12. Digital Millennium Copyright Act (DMCA) Policy

If you believe that content on adopkins infringes your copyright, please send a written notification containing the following information to our designated Copyright Agent:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
  2. Identification of the copyrighted work(s) claimed to have been infringed;
  3. Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., URL);
  4. Your contact information (address, telephone number, and email address);
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Copyright Agent Email: dmca@adopkins.com

Counter-Notification: If you believe your content was wrongly removed due to a mistake or misidentification, you may submit a counter-notification to our Copyright Agent with the required information as set forth under 17 U.S.C. § 512(g).

13. Indemnification

You agree to defend, indemnify, and hold harmless adopkins, its affiliates, officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees) arising from: (a) your access to or use of the Platform; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property right, publicity right, confidentiality right, or privacy right; (d) any User Content you submit, post, or transmit through the Platform; (e) any transaction you enter into with another user; or (f) your violation of any applicable law or regulation.

14. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be held in the State of California, or at another mutually agreed location. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ADOPKINS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Unless both you and adopkins agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Opt-Out: You may opt out of this arbitration agreement by sending written notice to arbitration-optout@adopkins.com within 30 days of first accepting these Terms. Your notice must include your name, mailing address, email address, and a clear statement that you wish to opt out of this arbitration agreement.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California, and you waive any objection to such jurisdiction or venue.

16. Modification of Terms

adopkins reserves the right to modify these Terms at any time. We will provide at least 30 days' advance notice of any material changes by posting the updated Terms on our Platform and/or by sending you an email notification. Your continued use of the Platform after the effective date of the modified Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Platform.

17. General Provisions

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

Waiver: The failure of adopkins to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by adopkins.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and adopkins regarding the use of the Platform and supersede all prior agreements and understandings.

Assignment: You may not assign or transfer these Terms or your rights hereunder without the prior written consent of adopkins. adopkins may assign its rights and obligations under these Terms without restriction.

Electronic Communications: By using the Platform, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18. Contact Information

For questions, concerns, or inquiries regarding these Terms of Service, the Platform, or any matter, please contact us. We will make reasonable efforts to respond to inquiries in a timely manner, but do not guarantee any specific response time or resolution.

Email: console@adopkins.com