FewoWorld NFT TERMS
By purchasing, acquiring, or otherwise receiving an NFT that originated from FewoWorld Inc. or its affiliates (“FewoWorld”) and links to these Fewoworld NFT TERMS (each, a “FewoWorld NFT”), you agree to these FEWOWORLD NFT TERMS (the “NFT Terms”). These NFT Terms, along with the FewoWorld User Terms of Service, made available at https://fewos.fewoworld.io/terms and incorporated herein by reference, are collectively referred to as the “Agreement.”
OWNERSHIP OF FEWOWORLD NFTS AND ARTWORK. Each FewoWorld NFT is a limited-edition digital asset that embodies or includes certain artwork owned or created by FewoWorld (the “Artwork”). You acknowledge and agree that FewoWorld owns all legal right, title and interest in and to the Artwork, and all intellectual property rights therein. FewoWorld NFTs may also incorporate one or more elements of FewoWorld’s trademarks and branding (the “Brand”). Each FewoWorld NFT is a non-fungible token hosted on a third-party blockchain, ownership of which can be transferred through gift, purchase, or sale. The Artwork is neither stored nor embedded in the FewoWorld NFTs, but is accessible through the FewoWorld NFTs. Although EACH FewoWorld NFT itself is owned by its then-current owner, the Artwork embodied thereby and any brand incorporated therein or used therewith is licensed, pursuant to these NFT Terms, and not transferred or sold to such owner. “Own” means, with respect to a FewoWorld NFT, a FewoWorld NFT that you have rightfully and lawfully purchased or acquired from a legitimate source, where proof of such purchase or acquisition is recorded on the relevant blockchain. The rights that you have in and to the Artwork are limited to those expressly stated in the paragraph immediately below. FewoWorld and its licensors reserve all rights in and to the Artwork and Brand not expressly granted to you herein.
LICENSES. Subject to your lawful purchase or acquisition of a FewoWorld NFT and your continued compliance with this Agreement, FewoWorld grants you a worldwide, non-exclusive, revocable, royalty-free license, with no right to sub-license, (a) to display the Artwork and any Brand embodied by your FewoWorld NFTs, solely for the following purposes: (i) for your own personal, non-commercial use (e.g., display in a virtual gallery, on a mobile device, as an avatar, or in your home); (ii) through or as a part of a marketplace that permits the purchase and sale of your FewoWorld NFTs in connection with such potential purchase or sale, provided that the marketplace cryptographically verifies rights to ensure that only the actual owner can offer a FewoWorld NFT for sale; or (iii) as part of a third-party website or application that permits the inclusion, involvement, or participation of your FewoWorld NFTs, provided that the website/application cryptographically verifies rights to ensure that only the actual owner can display the FewoWorld NFT; and (b) to access certain limited features or exercise certain privileges on or through FewoWorld website(s), any future mobile application(s), and certain in-person events (collectively, the “FewoWorld Properties”), in each case in accordance with the functionalities of such FewoWorld Properties and as may be modified by FewoWorld from time to time in FewoWorld’s sole discretion. FEWOWORLD PROVIDES EACH FEWOWORLD NFT, LICENSES THE ARTWORK AND BRAND TO THE OWNER OF THE FEWOWORLD NFT, AND PROVIDES THE FEWOWORLD PROPERTIES ON AN “AS IS” BASIS. FEWOWORLD EXPRESSLY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE LICENSE TO DISPLAY THE ARTWORK AND ANY BRAND EMBODIED BY A FEWOWORLD NFT IS AUTOMATICALLY AND ALWAYS TRANSFERRED WITH THE NFT AS PROVIDED BELOW. OTHERWISE, THE LICENSE TO DISPLAY THE ARTWORK AND ANY BRAND EMBODIED BY EACH FEWOWORLD NFT IS NON-TRANSFERABLE.
You acknowledge that the license granted to you in this Agreement applies only to the extent that you lawfully purchased or acquired a FewoWorld NFT and, with respect to a FewoWorld NFT that you have lawfully acquired, for so long as you own such FewoWorld NFT. If at any time you sell, trade, donate, give away, transfer, or otherwise dispose of your FewoWorld NFT for any reason, the license granted in this Agreement to you will immediately expire with respect to such FewoWorld NFT without the requirement of notice, and you will have no further rights in or to the Artwork or Brand embodied by such FewoWorld NFT. The license granted in this Agreement will also automatically terminate, with all rights returning to FewoWorld, if: (a) you breach this Agreement, which shall include transferring or acquiring a FewoWorld NFT in a way not specifically permitted hereunder; or (b) you engage in any unlawful business practice related to FewoWorld NFTs. In the event that you did not lawfully purchase or acquire a FewoWorld NFT or upon any termination of the license granted in this Agreement, FewoWorld may disable your access to the Artwork and/or Brand and/or deny you access to the FewoWorld Properties and/or any further benefits, services, or goods associated with the FewoWorld NFT.
RESTRICTIONS. You agree that you will not, nor will you permit any third party to, do or attempt to do, any of the following without FewoWorld’s express prior written consent in each case: (i) modify, distort, or perform any other change to the Artwork or Brand embodied by your FewoWorld NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or color schemes; (ii) use the Artwork or Brand embodied by your FewoWorld NFTs as a brand or trademark or to advertise, market, or sell any product or service (other than an authorized offering of a FewoWorld NFT itself); (iii) use the Artwork or Brand embodied by your FewoWorld NFTs in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others or promote illegal activities; (iv) use the Artwork or Brand embodied by your FewoWorld NFTs in movies, videos, or any other forms of media, except solely for your own personal, non-commercial use; (v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Artwork or Brand embodied by your FewoWorld NFTs; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Artwork or Brand embodied by your FewoWorld NFTs; (vii) use the Artwork or Brand embodied by your FewoWorld NFTs in connection with defamatory or dishonest statements about FewoWorld and/or its affiliated companies, which otherwise damage the goodwill, value, or reputation of FewoWorld, or represent or imply that your exercise of the licenses granted hereunder is endorsed by FewoWorld and/or its affiliated companies; or (viii) otherwise utilize the Artwork or Brand embodied by your FewoWorld NFTs for your or any third party’s commercial benefit (other than an authorized offering of the FewoWorld NFT itself). These restrictions will survive the expiration or termination of licenses granted hereunder.
Without limiting the foregoing, the license granted by this Agreement does not include: (i) the right to use the Artwork or Brand in connection with additional NFTs; or (ii) the right to create derivative works of the Artwork. You may not use or attempt to register any asset (including, without limitation, any domain names, social media accounts, or related addresses) that contains or incorporates any Artwork, Brand, or any other representation, name, or mark that may be confusingly similar to any of FewoWorld’s intellectual property.
TRANSFERRING YOUR FEWOWORLD NFT. You may transfer any FewoWorld NFT that you lawfully own to a third party, subject to this Agreement. If you transfer any FewoWorld NFT, you must make the transferee aware of, and you must cause any such transferee to agree in writing to comply with and be bound by, these Terms.
User Terms of Service
Last Updated: 09/25/2023
These User Terms of Service (these “Terms”) govern your access to and use of certain products, services, and properties made available by FewoWorld (“FewoWorld,” “we,” “us,” or “our”). As used herein, the term “you” (including any variant) refers to each individual who enters into these Terms on such individual’s own behalf or any entity on behalf of which an individual enters into these Terms. Our products, services, and properties include, without limitation, the purchase or sale of certain digital assets; our online and/or mobile services, including the website through which these Terms are made available; and software (including any Token (as defined below) made available by us that links to these Terms) provided on or in connection with those services (collectively, the “Service”). Certain features of the Service may be subject to additional guidelines, terms, or rules (“Supplemental Terms”), which will be displayed in connection with such features. These Terms and all such Supplemental Terms, which are incorporated by reference, are collectively referred to as the “Agreement”. If these Terms are inconsistent with any Supplemental Terms, the Supplemental Terms shall control solely with respect to such services.
FEWOWORLD OFFERS CERTAIN DIGITAL ASSETS AND ANY DIGITAL OR NON-DIGITAL PRODUCTS, SERVICES, AND/OR BENEFITS TO BE FURNISHED IN CONNECTION WITH SUCH SALES. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR.
PLEASE BE AWARE THAT SECTION 6 OF THIS AGREEMENT BELOW CONTAINS YOUR OPT-IN CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US.
THIS AGREEMENT IS IMPORTANT AND AFFECTS YOUR LEGAL RIGHTS, SO PLEASE READ CAREFULLY. BY CLICKING ON ANY “I ACCEPT” BUTTON, PURCHASING OR OFFERING TO PURCHASE TOKENS THROUGH THE SERVICE, AND/OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL OF THE TERMS INCORPORATED HEREIN. If you do not agree to this Agreement, you may not access or use the Service or purchase any Tokens.
FewoWorld reserves the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service, or updating the “Last Updated” date at the beginning of this Agreement. By continuing to access or use the Service at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.
- The Service is a software application made available by FewoWorld to, among other things, enable users of the Service (“Users”) to mint and/or purchase unique, non-fungible tokens (“NFT(s)”) implemented on one or more third-party blockchains (each and collectively, the “Blockchain Platform”) using smart contracts and any products, services, and/or benefits to be furnished in connection with such NFTs (collectively, “Tokens”). You may only participate in the purchase of any Token by linking an electronic wallet that allows you to purchase, store, and engage in transactions using cryptocurrency and NFTs (each, a “Digital Wallet”) on supported bridge extensions or through other Payment Processors (as defined below) then-currently supported by us. In order to use certain Services, including to purchase a Token through the Service, you must connect your Digital Wallet through the Service. Once you submit an order to purchase a Token, your order is passed on to the applicable extension, which completes the transaction on your behalf.
User Representations and Warranties
- You must be at least eighteen (18) years old or otherwise of legal age in your jurisdiction to form a binding contract to use the Service. By using the Service, you agree to (i) provide accurate, current, and complete information about yourself; (ii) maintain and promptly update from time to time as necessary such information; (iii) maintain the security of your Digital Wallet and accept all risks of unauthorized access to your Digital Wallet and to the information you provide to us; and (iv) immediately notify us if you discover or otherwise suspect any security breaches related to the Service.
- You agree that you will not:
- buy, sell, rent, or lease access to the Service without our written permission;
- log in or try to log in to access the Service through unauthorized third-party applications or clients.
- FewoWorld may require you to provide additional information and documents from time to time, including without limitation at the request of any competent authority or in order to help FewoWorld comply with applicable law, regulation, or policy, including laws related to anti-laundering (legalization) of incomes obtained by criminal means or for counteracting financing of terrorism. FewoWorld may also require you to provide additional information and documents in cases where it has reasons to believe that: (i) your Digital Wallet or other access to the Service is being used for money laundering or for any other illegal activity; (ii) you have concealed or reported false identification information and other details; or (iii) transactions effected via your Digital Wallet were effected in breach of this Agreement. In such cases, FewoWorld, in its sole discretion, may pause or cancel your transactions until such requested additional information and documents have been reviewed by FewoWorld and accepted as satisfying the requirements of applicable law, regulation, or policy. If you do not provide complete and accurate information and documents in response to such a request, FewoWorld may refuse to provide any Token, Content (as defined below), product, service, and/or further access to the Service to you.
- When you use the Service, you hereby represent and warrant, to and for the benefit of FewoWorld, its affiliates, and its and their respective representatives, as follows:
- Authority. You have all requisite capacity, power, and authority to enter into and perform your obligations under this Agreement.
- Accuracy of Information. All information provided by you to FewoWorld and/or its third-party designees is accurate and complete. None of: (i) you; (ii) any of your affiliates; (iii) any other person having a beneficial interest in you; or (iv) any person for whom you are acting as agent or nominee in connection with this Agreement is: (A) a country, territory, entity, or individual named on an OFAC list as provided at http://www.treas.gov/ofac or a person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list; or (B) a senior foreign political figure or any immediate family member or close associate of a senior foreign political figure.
- Independent Investigation and Non-Reliance. You are sophisticated, experienced, and knowledgeable regarding Tokens. Additionally, you have conducted an independent investigation of the Service and the matters contemplated by these Terms, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing, and, in making the determination to use the Service, have relied solely on the results of such investigation and such independent judgement. Without limiting the generality of the foregoing, you understand, acknowledge, and agree that the legal requirements pertaining to blockchain technologies and digital assets generally, including the Tokens, are uncertain. You have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties, including the risk that one or more governmental entities or other persons may assert that any digital assets or cryptographic tokens (including the Tokens) may constitute securities under applicable legal requirements. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by, FewoWorld, in determining to enter into this Agreement or use the Service.
- Litigation. There is no legal proceeding pending that relates to your activities relating to the Service or other token- or digital asset- trading or blockchain technology-related activities.
- Compliance. You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or token trading activities. No investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity, or practice.
Purchasing a Token
- By purchasing a Token, you agree to comply with any terms, including licenses or payment rights that are embedded within or otherwise included with any Token that you purchase. FewoWorld does not guarantee that Tokens will be transferable to any other platform.
- FewoWorld may set limits on these or other terms regarding the sale of Tokens comprising FewoWorld’s Content, including, without limitation, any fee payable in connection with any subsequent sale of a Token, whether or not such sale takes place on or through the Service (each such sale, a “Secondary Sale,” and such fee, a “Secondary Sale Fee”), and FewoWorld will display such terms at point of sale or otherwise within the Service (the “NFT Terms”).
- When you purchase a Token, you agree that you have read, understood, and agreed to be bound by any terms and conditions applicable to the Secondary Sale of that Token, including any Secondary Sale Fee (regardless of whether such Secondary Sale Fee is enforced or supported by the third-party platform or marketplace that facilitates a Secondary Sale). You further agree that, if you sell a Token, you will bind the purchaser of the Token to such Secondary Sale terms and conditions.
- FewoWorld is not and shall not be a party to any transaction or dispute between any initial buyer of a Token and any subsequent owner of such Token, whether arising from any rights granted in that Token or otherwise, unless otherwise set forth in connection with such Token.
Pricing and Fees; Payments
- All pricing and payment terms for Tokens are as indicated at point of sale or otherwise on the Service, and any payment obligations you incur are binding at the time of purchase. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, shall impact or excuse your obligations with respect to any purchase. Whether a particular cryptocurrency is accepted as a payment method by FewoWorld is subject to change at any time in FewoWorld’s sole discretion.
- Payment processing for each Token is provided by one or more third-party service providers, including without limitation digital wallet bridge extensions (each, a “Payment Processor”). FewoWorld may add or change any Payment Processor at any time. Such services may be subject to additional terms or conditions as imposed by the applicable Payment Processor, if your right to use Payment Processor’s payment processing system is terminated you may not be able to access and use the Services.
Consent to Electronic Communication
By contacting FewoWorld via email, signing up to be white-listed for a sale of Tokens, or by using the Service, you consent to receive electronic communications from FewoWorld (e.g., via Discord, email, or by posting notices to the Service). These communications may include notices about your use of the Service (e.g., transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you.
Unless otherwise indicated in writing by us, the Service and all content and other materials contained therein, including, without limitation, the FewoWorld logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of FewoWorld or our affiliates, licensors, or Users, as applicable. The FewoWorld logo and any FewoWorld product or service names, logos, or slogans that may appear on the Service are trademarks of FewoWorld or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “FewoWorld,” or any other name, trademark, or product or service name of FewoWorld or our affiliates without our prior written permission. In addition, the look and feel of the Service and Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of FewoWorld and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and other names or logos mentioned on the Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by FewoWorld.
License to Our Service and Content
- You are hereby granted a limited, revocable, nonexclusive, nontransferable, non-assignable, non-sublicensable, “as-is” license to access and use the Service and Content for your own personal, non-commercial use; provided, however, that such license is subject to this Agreement and does not include any right to (i) sell, resell, or use commercially the Service or Content; (ii) distribute, publicly perform, or publicly display any Content (iii) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof; (iv) use any data mining, robots, or similar data gathering or extraction methods; (v) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us; and (vi) use the Service or Content other than for their intended purposes. This license is subject to your compliance with the Acceptable Use Policy set forth in Section 10 below.
- You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray FewoWorld or our affiliates or any of our Services, Content, products, or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable in FewoWorld’s sole discretion. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of FewoWorld to link to the Service or Content without our express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any FewoWorld trademark, logo, or other proprietary information (including the images found on the Service or the content of any text or the layout or design of any page, or form contained on a page, on the Service) without our express written consent.
- FewoWorld may from time to time change or discontinue any or all aspects or features of the Service, including by (i) altering its smart contracts pursuant to upgrades, forks, security incident responses, or chain migrations; (ii) deactivating or deleting Content that FewoWorld in its sole discretion determines has been abandoned; or (iii) repossessing any Tokens that FewoWorld in its sole discretion determines have been abandoned. In such events, you may no longer be able to access, interact with, or read the data from the Service.
Third-Party Services; Third-Party Terms
The Service may contain links to third-party properties (“Third-Party Properties”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Property or Third-Party Application, such as a bridge extension, you are subject to the terms and conditions (including privacy policies) of such other property or application. Such Third-Party Properties and Third-Party Applications are not under the control of FewoWorld. FewoWorld is not responsible for any Third-Party Properties or Third-Party Applications. FewoWorld provides links to these Third-Party Properties and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Properties or Third-Party Applications or their products or services. You use all links in Third-Party Properties, and Third-Party Applications at your own risk. When you leave our Service, our Terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Properties or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Acceptable Use Policy
You agree that you are solely responsible for your conduct while participating in the purchase or sale of Tokens or otherwise accessing or using the Service. You agree that you will abide by this Agreement and will not:
- Provide false or misleading information to FewoWorld;
- Use or attempt to use another User’s linked Digital Wallet without authorization from such User and FewoWorld;
- Pose as another person or entity;
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service in any manner;
- Develop, utilize or disseminate any software, or interact with any API in any manner that could damage, harm, or impair the Service;
- Reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Service that you are not authorized to access;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
- Collect or harvest data from our Service that would allow you to contact individuals, companies, or other persons or entities or use any such data to contact such entities;
- Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
- Bypass or ignore instructions that control all automated access to the Service;
- Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates any applicable law or this Agreement;
- Use the Blockchain Platform to carry out any illegal activities in connection with, or in any way related to, your access to and use of the Service, including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Blockchain Platform or the Service;
- Engage in or knowingly facilitate any “front-running,” “wash trading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent, deceptive, or manipulative trading activities, including:
- trading a Token at successively lower or higher prices for the purpose of creating or inducing a false, misleading or artificial appearance of activity in such Token, unduly or improperly influencing the market price for such Token trading on the Service, or establishing a price which does not reflect the true state of the market in such Token;
- for the purpose of creating or inducing a false or misleading appearance of activity in a Token or creating or inducing a false or misleading appearance with respect to the market in a Token: (A) executing or causing the execution of any transaction in a Token that involves no material change in the beneficial ownership thereof; or (B) entering any order for the purchase or sale of a Token with the knowledge that an order of substantially the same size and at substantially the same price for the sale of such Token has been or will be entered by or for the same or different parties; or
- participating in, facilitating, assisting, or knowingly transacting with any pool, syndicate, or joint account organized for the purpose of unfairly or deceptively influencing the market price of a Token.
If FewoWorld becomes aware of any possible violations by you of this Agreement, FewoWorld reserves the right to investigate such violations. If, as a result of the investigation, FewoWorld believes that criminal activity may have occurred, FewoWorld reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. FewoWorld is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Service, including your Content, in FewoWorld’s possession in connection with your use of the Service, to (i) comply with applicable laws, legal processes, or governmental requests; (ii) enforce this Agreement; (iii) respond to any claims that your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of FewoWorld, its Users, the public, and all law enforcement or other government officials, as FewoWorld in its sole discretion believes to be necessary or appropriate. By agreeing to this Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your use of the Service, including without limitation text, voice, or video communications.
You hereby release and forever discharge FewoWorld and our officers, employees, agents, successors, and assigns (the “FewoWorld Entities”) from, and hereby waive and relinquish each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), which has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Users of the Service or any Third-Party Properties or Third-Party Applications). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Assumption of Risk Related To Tokens
You acknowledge and agree that:
- The prices of digital assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Tokens, which may also be subject to significant price volatility. We cannot and do not guarantee that any Tokens will not lose value.
- You are solely responsible for determining what, if any, taxes apply to your transactions involving Tokens. Neither FewoWorld nor any other FewoWorld Entity is responsible for determining the taxes that may apply to transactions involving Tokens.
- Tokens exist and can be transferred only by virtue of the ownership record maintained on the blockchain supporting such Tokens.
- There are risks associated with using digital currency and digital assets, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, the risk that third parties may obtain unauthorized access to your information, and the risk of purchasing (i) counterfeit or mislabeled assets; (ii) assets that are vulnerable to metadata decay; (iii) assets on smart contracts with bugs; and (iv) assets that may become untransferable.
- Upgrades to the Blockchain Platform, a hard fork in the Blockchain Platform, a failure or cessation of the Blockchain Platform, or a change in how transactions are confirmed on the Blockchain Platform may have unintended, adverse effects on all blockchains using such technologies, including without limitation your transactions involving Tokens purchased from FewoWorld.
- The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is evolving, and new regulations or policies may materially adversely affect the development of the Service and the utility of Tokens.
- FewoWorld reserves the right to hide collections, contracts, and assets that FewoWorld suspects or believes may violate this Agreement. Tokens you purchase may become inaccessible on the Service. Under no circumstances shall the inability to access or view your assets on the Service serve as grounds for a claim against FewoWorld.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless FewoWorld and the FewoWorld Entities from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees and expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of, or associated with, pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to this Agreement or your use of the Service, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”). This includes, but is not limited to, damages to property or personal injury, which are caused by, arise out of, or are related to (a) your use or misuse of the Service, Content or Tokens (including, without limitation, any act or omission involving any third party in connection with the listing, buying, selling, or trading of any Tokens hereunder); (b) any feedback you provide; (c) your violation of this Agreement; (d) your violation of the rights of any third party, including another User; (e) any breach or non-performance of any covenant or agreement made by you; (f) your listing, buying, selling, or trading of any Tokens; or (g) any off-chain benefits (including the furnishing, or any failure to furnish, or any acts or omissions of or attributable to you or any third party in respect of the same). You agree to promptly notify FewoWorld of any third-party Claims and cooperate with FewoWorld Entities in defending such Claims. You further agree that FewoWorld Entities shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND FEWOWORLD.
THE SERVICE, CONTENT CONTAINED THEREIN, AND TOKENS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. FEWOWORLD (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. FEWOWORLD DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICE OR ANY CONTENT CONTAINED THEREIN. FEWOWORLD DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE FEWOWORLD ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, FEWOWORLD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY TOKENS LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICE. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF TOKENS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING, OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR TOKENS.
TOKENS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN PLATFORM. WE DO NOT GUARANTEE THAT FEWOWORLD OR ANY FEWOWORLD ENTITY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY TOKENS. WE CANNOT AND DO NOT GUARANTEE THAT ANY TOKEN WILL HAVE OR RETAIN ANY INHERENT VALUE, OR THAT YOU WILL BE ABLE TO SELL OR RESELL ANY TOKEN PURCHASED THROUGH THE SERVICE.
FewoWorld is not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of software (e.g., smart contract), blockchains, or any other features of or inherent to the Tokens. FewoWorld is not responsible for casualties due to developers’ or representatives’ delay or failure to report any issues with any blockchain supporting Tokens, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death, or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded under the laws applicable to your jurisdiction. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FEWOWORLD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SERVICE, ANY TOKENS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF FEWOWORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FEWOWORLD ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, YOUR ACCESS TO AND USE OF THE SERVICE, CONTENT (INCLUDING YOUR CONTENT), OR ANY TOKENS MINTED, PURCHASED, OR SOLD THROUGH THE SERVICE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RETAINED BY FEWOWORLD IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
We reserve the right in our sole discretion to modify, suspend, or discontinue the Service, or any features or parts thereof, whether temporarily or permanently, at any time with or without notice to you in our sole discretion. This Agreement, and your access to and use of the Service, shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to any conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between you and FewoWorld shall be resolved in the state or federal courts of New York, New York, and you hereby irrevocably consent to the personal jurisdiction of such courts. Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. Upon termination of your rights under this Agreement, your right to access and use the Service will terminate immediately. FewoWorld will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for termination of your right to access and use the Service. All sections intended by their nature to survive will survive the termination of this Agreement. If any term, clause, or provision of this Agreement is held invalid or unenforceable, then that term, clause, or provision will be severable from this Agreement and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of this Agreement. Your relationship to FewoWorld is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of FewoWorld. FewoWorld’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of FewoWorld and you and shall not confer third-party beneficiary rights upon any other person or entity.