Welcome to Funny Till U Die Ltd.!

Thank you for using the Funny Till U Die website and services (collectively, the “Services”).  The Services allow you to view the website, purchase Digital Character Packs which are subject to an automatic license agreement further outlined in Section 4 below, purchase other items, play games, and interact with various components and pages, including 3^rd party activities, within the website.  You may choose, at your sole discretion, to make purchases and to interact with these components, games, pages and/or 3^rd party activities.

These terms govern the relationship between you and Funny Till U Die Ltd. (“FTUD, we, us, our”) and serve as an agreement between us, governing the conditions by which you may access, make purchases and use the Services.

Your use of the Services is subject to these Terms, our Privacy Policy, and any other policy we may choose to introduce at any time.  By accessing, using the Services, or making a purchase, you continue to show your acceptance of these Terms and your agreement to comply with them.  These policies may be updated at any time and together with these Terms, form the Agreement of your use of the Services.  Please read these terms and all policies carefully to ensure you understand and comply with the policies.  If you do not understand the policies and do not comply or accept the policies, you may not user the Services.

1. Your Use of the Services

Any content on the Services may include videos, audio (including music and sounds), games, graphics, photos, text, branding (including logos, service marks, trademarks and tradenames), interactive features, virtual and physical items, software metrics and other materials provided by FTUD or a third party (collectively, the “Content”).

Any Content provided to FTUD is the responsibility of the person or entity that provided it.  FTUD is not obligated to host or serve any Content provided by any person or entity.

We do not guarantee that our Services will be secure or free from bugs or viruses.  You are responsible for configuring your information technology, computer programs and platform to access our services.  You should use your own virus protection software.

2. Age Requirements

You must be at least eighteen (18) years of age, or over the legal age of majority in your jurisdiction of residence if the age of majority is greater than 18 years of age.  If you are under the age of 18 you are not permitted to use the Services or view any content on the site.

Content on the site may contain prolonged scenes or depictions of intense violence, blood and gore, suggestive themes, sexual content, crude humour, strong language, simulated gambling and/or gambling with real currency and is not suitable for anyone under the age of 18 or the age of majority in their jurisdiction of residence.

3. Businesses

If you are using the Services on behalf of a company or organisation, then (a) “you” and “your” includes you and the business entity, (b) you represent and warrant that you are an authorised representative of the business entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business entity is legally and financially responsible for your access or use of the Services as well as the access or use of the Services by others affiliated with your business or entity, including any employees, agents, consultants, contractors or affiliates.

4. Digital Character Pack Purchases

All Digital Character Pack (“DCP”) purchases will be subject to the Digital Character Pack Commercial Business Agreement (“Agreement”).  No purchase of a DCP may be completed without the Agreement.  By making a purchase of any DCP, the purchaser will be subject to automatic acceptance of the Agreement, which will immediately become effective upon the completion of purchase, and the acceptance of the Terms and Conditions by the purchaser or wallet holder.

5. Purchase of Items

All purchases of individual items not covered in Section 4 will be subject to these Terms of Use and any terms outlined in the item and purchase description.

6. Copyright

You are prohibited from: (a) downloading, copying or re-transmitting any or all of the site, Services, images or Content, without or in violation of, a written license or agreement with FTUD; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the site, Services, images or Content by using framing or similar navigational technologies; (d) reverse engineering, altering or modifying any part of the site, Services, images or Content; (e) circumventing, disabling or otherwise interfering with security-related features of the site, Services, system resources or any networks connected to or accessible through the site or Services;  (f) attempting to sell, license or in any way commercialising the site, Services, images or Content without specific written authorisation from FTUD; (g) using the site, Services, images or Content other than for its intended purpose.  Such unauthorised use may violate applicable laws, including and without limitation, copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulation and statutes; and (h) commit fraud of any kind, including against FTUD.  You represent and warrant that you will comply with all applicable laws and regulations, including and without limitation, those relating to the Internet, data, e-mail, privacy and the transmission of technical data exported from Bulgaria and the country in which you reside.

7. Access

These Services are not available in every country or jurisdiction and FTUD reserves the right to restrict access to the Services based on your jurisdiction of residence.

If you reside in the United States of America, India, Indonesia, or United Arab Emirates, please see the Supplemental Jurisdiction Eligibility Terms further down in this section.

Our Privacy Policy explains in detail how your personal information is used, retained, and protected.

You may access and use the Services or make a purchase as long as you are in compliance with all policies, required agreements and any applicable laws.  You may not:

1. Access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Services or Content except (a) as expressly authorised by us; or (b) with prior written permission from us, and if applicable, the respective rights holders of the Content;
2. Collect or harvest any information that might identify a person unless permitted in writing by that person;
3. Commit fraud of any kind;
4. Impersonate any person or entity, or falsely state or otherwise misrepresent your or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
5. Imitate or harass another, make hateful comments or remarks, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6. Use the Services in any manner that may create a conflict of interest or undermine the purposes of the Services, including trading reviews with other users or writing or solicitating fake reviews, likes or approvals;

• Access the Services using any automated means (such as bots, botnets or scrapers) except (a) I the case of public search engines, or (b) with our prior written permission;
• Upload, transmit, distribute, store or otherwise make available in any way:

1. files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
2. unsolicited or unauthorised advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other prohibited form of solicitation;
3. private information belonging to you or anyone else;
4. material which does or may infringe on any copyright, trade marks or other intellectual property or privacy rights of any other person or entity;
5. material which is defamatory or any person, obscene, offensive, pornographic, hateful or inflammatory;
6. material that would constitute, encourage or provide instructions for any criminal offense, dangerous activities or self-harm;
7. material that is deliberately designed to provoke or antagonise people, especially trolling and bullying , or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains threats of any kind, including threats of physical violence; any material that is racists or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender disability or sexuality;
8. commentary, answers, responses, opinions, analysis or recommendations that you are not licensed or otherwise qualified to provide; or
9. material that in FTUD’s sole judgement is objectionable or which restricts or inhibits any person from using the Services, or which may expose FTUD, the Services or its users to any harm or liability of any kind;

9. Market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitations;
10. Use the Services, without our express written consent, for any commercial or unauthorised purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
11. Circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Services, or attempt to do so, including any and all security-related features or features that (a) prevent or restrict the copying or other use of Content, or (b) limit the use of the Services or Content;
12. Misuse any reporting, flagging, complaint, dispute or appeals process, including making any groundless submissions;
13. Cause or encourage any inaccurate measurements of genuine user engagement with the Services, including by paying people or providing them with any incentives (financial or otherwise) to increase views, votes, or otherwise manipulate metrics in any manner;
14. User the Services to view or listen to Content other than for personal, non-commercial use. You may not publicly screen any content from the Services without prior written approval from us;
15. Run or attempt to run any contests on or through the Services without our express written permission; or
16. User the Services to (a) sell any advertising, sponsorships, or promotions placed on, around or within the Services or Content; or (b) sell advertising, sponsorships, or promotions on any page within the Services or Content, without our express written permission.
17. Download, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit for any purpose whatsoever without our prior written consent. We reserve all rights not expressly granted.

Using the Services does not give you any ownership of or rights to or over any aspect of the Services, including any Content posted on the Services by other users or entities.

8. Specific Jurisdictional Terms

India – If you are using the Services in India, the following terms apply and in the event of any conflict between the following terms and the provisions of the main body of these Terms, the following will prevail:

By agreeing and accepting these Terms and by accessing or using our Services, you explicitly acknowledge that you have read and understood the Terms and provide your consent to be bound by these Terms, as well as our Privacy Policy

You may not use the Services to upload, transmit, distribute, store, or otherwise make available in any way (including for the purposes of creating and/or streaming content) any Content that:

• Is hateful, personally harmful to anyone, obscene, pornographic, paedophilic;
• Is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever;
• Harms minors in any way;
• Deceives or misleads the addressee about the origin of any message or communicates any information which is grossly offensive or menacing in nature; or
• Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.

You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under these Terms, including any right under provisions of section 30A of the (Indian) Copyright Act, 1957 or other applicable law.  The above waiver is granted by you in favour of FTUD and all of its group companies, affiliates and successors in title and interest, whether existing or in the future.

In the event you are required to indemnify us pursuant to these Terms or in relation to any order or ruling of a court of law, you will obtain all necessary approvals and consents from regulatory authorities for the remittance of such amount to us.

Indonesia – If you are using the Services in Indonesia, the following terms apply and in the event of any conflict between the following terms and the provisions of the main body of these Terms, the following will prevail:

By accepting these Terms and using the Services, you represent that you are at least 21 years of age or married or not under guardianship.

No limitation of liability set out in these Terms shall be applicable regarding any loss or damage incurred as a result of your willful misconduct or negligence.

The Services are only for people that have reached the age of majority in Indonesia and anyone under the age of 21 and unmarried or under guardianship is not permitted to use the Services.

These Terms have been prepared in English only.  In the event of any inconsistency or different interpretation between these Terms in English and any translation to Indonesian, the English text of the Terms shall prevail, and any relevant Indonesian translation of the Terms shall be deemed to be automatically amended to conform with and to make the relevant Indonesian translation consistent with the English text of these Terms.  Each Party acknowledges that it has read these Terms and understands its content and that these Terms have been entered into freely and without duress.  You acknowledge that you fully understand the language and the content of these Terms, and you agree that you will not use the provisions under the Law of the Republic of Indonesia No. 24 of 2009 on Flag, Language, State Emblem and National Anthem or any of its implementing regulations to invalidate these Terms.

United Arab Emirates (“UAE”) – If you are using the Services in UAE, the following terms apply and in the event of any conflict between the following terms and the provisions of the main body of these Terms, the following will prevail:

By agreeing to these Terms and accessing or using our Services, you acknowledge that you have read and understood these Terms and provide your consent to be bound by these Terms, the Privacy Policy and all other policies, agreements referred to herein.

9. Intellectual Property Rights

We respect intellectual property rights and ask you to do the same.  As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights.  We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate any user who infringes or is alleged to infringe on any copyrights or other intellectual property rights.

10. Our Business

You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of goods, advertising, sponsorships, promotions and usage data.  Except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any revenue, goodwill or value whatsoever.

Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, and to access Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms.  FTUD reserves all rights not expressly granted herein in the Services and with the Content.  You acknowledge and agree that FTUD may terminate this license at any time for any reason or no reason, and without any recourse by or for you.

NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICES.

11. Termination or Suspension

You may stop using the Services at any time.

We reserve the right to suspend or terminate your access to all or part of our Services, at our sole discretion, if you (a) breach these Terms or any other policy; (b) we are required to do so in order to comply with a legal obligation or requirement or a court order; or (c) we judge your conduct has or could create liability or harm to us or our affiliates, another user or a third party.

In the event we suspend or terminate your access to all or part of our Services, we will notify you with the reason for the termination or suspension unless we reasonably believe that to do so would (a) violate the law or the direction of a legal enforcement authority; (b) compromise an investigation; (c) compromise the integrity, operation or security of the Services; or (d) cause harm to us or our affiliates, another user or a third party.

If you believe the termination or suspension has been made in error, you may appeal the suspension or termination by contacting us.

12. Developments and Changes to the Services

We are constantly updating and making changes to the Services.  This may include modification or changes to all or parts of the Services, including the additions and removals of features and functionalities, providing new offerings or Services and discontinuing old ones.  We also have the right to altar or discontinue the Services, or any parts of it, in order to:

• Make performance or security improvements
• Make changes in order to comply with laws
• Prevent illegal activities or abuse of our Services, systems and platform
• At our sole discretion for any reason or purpose

Changes we make may affect all or only some users.  If we are required to make any material changes that negatively affect your use of the Services, we will try to provide you with reasonable advance notice, however, we are not required to do so.  In the event we are required to deal with urgent situations, such as preventing abuse, responding to legal requirements or addressing security or operability issues, no advanced notice will be provided.

13. Warranty Disclaimer

OTHER THAN AS EXPRESSLY STATED IN THESE TERMS OR AS REQUIRED BY LAW, THE SERVICE ARE PROVIDED “AS IS” AND FTUD AND OUR AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS DO NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE, INCLUDING WARRANTIES ABOUT (A) THE CONTENT PROVIDED THROUGH THE SERVICES; (B) THE SPECIFIC FEATURES OF THE SERVICES OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

14. Limitation of Liability

1. EXCEPT AS REQUIRED BY APPLICABLE LAW, FTUD AND OUR AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), REVENUES, BUSINESS OPPORTUNITIES, GOODWILL OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
   1. ERRORS, MISTAKES OR INNACCURACIES OF THE SERVICES;
   2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES OR ANY PURCHASES MADE BY YOU;
   3. ANY UNAUTHORISED ACCESS TO OR USE OF THE SERVICES;
   4. ANY INTERRUPTION OR CESSATION OF THE SERVICES;
   5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY;
   6. ANY CONTENT, INCLUDING YOUR USE OF THE CONTAND; AND
   7. THE REMOVAL OR UNABILITILITY OF ANY CONTENT.

2. NO CONDITION, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE TO YOU.

   THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY.

3. FTUD AND THEIR AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES ARE LIMITED TO USD $100.00.
4. FTUD ONLY PROVIDES OUR SERVICES FOR PRIVATE USE. YOU AGREE NOT TO USE OUR SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSIENSS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSIENSS OPPORTUNITY.
5. WE WILL NOT BE LIABLE FOR ANY DEFECTIVE DIGITAL CONTENT THAT YOU ACCESS THROUGH THE SERVICES OR PURCHASE FROM FTUD THAT DAMAGES ANY DEVICE OR DIGITAL CONTENT BELONGING TO YOU.
6. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE FTUD SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SERVICES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORISED PARTIES.
7. ANY AND ALL POTENTIAL TOKENS PURCHASED FROM FTUD ARE UTILITY TOKENS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON AN ASSOCIATD BLOCKCHAIN. FTUD HAS NO CONTROL OVER AND MAKES NO GUARANTEES OR PROMISES WITH RESPECT TO THE VALUE, OWNERSHIP RECORDS OR ANY ASSOCIATED SMART CONTRACTS.  THE HOLDER OF ANY TOKENS PURCHASED FROM FTUD AGREES THAT THEY HAVE NO RIGHTS TO REFUNDS OR TO MAKE ANY CLAIMS WHATSOEVER AGAINST FTUD AND WAIVES ALL RIGHTS TO DO SO.
8. ANY AND ALL ASSOCIATED NFTS OR UTILITY TOKENS DO NOT IN ANY WAY REPRESENT ANY SECURITIES, SHAREHOLDING, PARTICIPATION, RIGHT, TITLE, OR INTEREST IN FTUD, ITS SUBSIDIEARIES, PARENT, OWNERS OR ANY OTHER COMPANY, ENTERPRISE OR UNDERTAKING, NOR WILL THEY ENTITLE THE HOLDER(S) TO ANY PROMISE OF FEES, DIVIDEN\DS, REVENUE, PROFITS OR INVESTMENT RETURNS, AND ARE NOT INTENDED TO CONSTITUTE SECURITIES IN ANY RELEVANT JURISDICTION. OWERSHIP OF TOKENS AND NFTS CARRY NO RIGHTS, EXPRESS OR IMPLIED.  FTUD DOES NOT CREATE OR SUPPORT ANY SECONDARY MARKET PRICING OF ANY NFTS OR UTILITY TOKENS AND AS SUCH, PROVIDES NO FUNCTIONALITY OR SCHEME DESIGNED TO INTERACT, SUPPORT, CONTROL OR MANIPULATE ANY SECONDARY MARKETPLACES.
9. FTUD MAKES NO REPRESENTATIONS, OFFERS NO GUARANTEES OR WARRANTIES AND IS NOT RESPONSIBLE FOR ANY LOSSES DUE TO BLOCKCHAIN FAILURE, DISRUPTION, ANY ACTIVITIES (NEFARIOUS OR OTHERWISE) OR ANY OTHER FEATURES OF YOUR ELECTRONIC WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH BLOCKCHAIN SUPPORTING ANY UTILITY TOKENS OR NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES OR LOSSES AS A RESULT. THE HOLDER OF A UTILITY TOKEN OR NFT OR OTHER DIGITAL ITEM AGREES THAT THEY HAVE NO RIGHTS TO REFUNDS, OR TO MAKE CLAIMS, WHATSOEVER, AGAINST FTUD AND WAIVES ALL RIGHTS TO DO SO.
10. YOU REPRESENT THAT YOU UNDERSTAND THE RISKS ASSOCIATED WITH BLOCKCHAIN BASED PRODUCTS AND SERVICES AND WARRANT THAT YOU HAVE AN UNDERSTANDING OF THE USAGE, RISKS, POTENTIAL BUGS BASED ON NOVEL TECHNOLOGY (WHERE APPLICABLE), AND INTRICACIES OF BLOCKCHAIN BASED PRODUCTS AND SERVICES, NFTS AND OTHER TEHCNOLOGIES AND PROGRAMMING THAT ALLOWS YOU TO CLAIM THE ITEMS.
11. FTUD COULD BE IMPACTED BY ONE OR MORE REGULATORY INQUIRIES OR REGULATORY ACTIONS, WHICH COULD IMPEDE OUR OR YOUR ABILITY TO ACCESS FTUD OR ITS SERVICES.
12. YOU ACKNOWLEDGE THAT ALL TECHNOLOGIES ASSOCIATED WITH FTUD ARE RELATIVELY NEW AND PROGRESSING AND AS SUCH, CODE CRACKING OR TECHNICAL ADVANCES SUCH AS THE DEVELOPMENT OF QUANTUM COMPUTERS MAY PRESENT A RISK TO THE FTUD SITE AND SERVICES, USER ACCOUNTS, WALLETS, AND OWNERSHIP OF ANY NFT OR UTILITY TOKEN. BY USING FTUD AND ITS SERVICES, YOU ACKNOWLEDGE AND AGREE TO THESE RISKS.
13. FTUD DOES NOT INVITE OR MAKE ANY OFFER TO ACQUIRE, PURCHASE, SELL TRANSFER OR OTHERWISE DEAL IN ANY NFT ASSET OR UTILITY TOKEN YOU MAY HAVE PURCHASED FROM FTUD. THIRD PARTIES MAY PROVIDE SERVICES INVOLVEING THE ACQUISITION, PURHCASE, SALE, TRANSFER OR EXCHANGE OF SUCH ASSETS, HOWEVER, FTUD DOES NOT PROVIDE ANY SUCH SERVICES AND DOES NOT UNDERTAKE ANY LIABILITIES IN CONNECTION THERETO.  YOU ACKNOWLEDGE AND AGREE TO THE RISKS ASSOCIATED WITH SUCH THIRD PARTY SERVICES AND REPRESENT THAT FTUD AND ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS CANNOT BE HELD LIABLE FOR ANY SUCH TRANSACTIONS, FLUCTUATIONS IN VALUE OR COSTS ASSOCIATED WITH ANY THIRD PARTY SERVICES.
14. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15. YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVIES, INCLUDING ANY TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICES.
16. FTUD NEITHER CONTROL NOR OWN ANY THIRD PARTY SITE, PRODUCT OR SERVICES THAT YOU MIGHT ACCESS, VISIT, OR USE FOR ANY PURPOSE AND FTUD SHALL NOT BE LIABLE FOR THE ACTS, OMISSIONS, OR ANY DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR TRANSACTIONS OR INTERACTIONS WITH ANY SUCH THIRD PARTIES.
17. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE FTUD AND OUR AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AN NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
18. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHAT, IF ANY TAXES MAY APPLY TO YOUR OWNERSHIP OF ANY NFTS OR UTILITY TOKENS YOU OWN OR PURCHASE. FTUD DOES NOT AND WILL NOT HAVE ANY INSIGHT INTO NOR CONTROL OVER ANY TRANSACTIONS CONDUCTED BY YOU IN FTUD, AND THUS FTUD IS NOT RESPONSIBLE FOR DETERMINING ANY AND ALL TAXES THAT MAY APPLY TO YOUR TRANSACTIONS AND WILL NOT ACT AS A WITHHOLDING TAX AGENT IN ANY CIRCUMSTANCES WHATSOVER.  YOU WILL BE SOLELY RESPONSIBLE FOR PAYING ANY AND ALL SALES, USE, VALUE-ADDED AND ANY OTHER TAXES, DUTIES, ASSESSMENTS NOW OR HEREAFTER CLAIMED OR IMPOSED BY ANY GOVERNMENT AUTHORITY ASSOCIATED WITH YOUR USE OF THE FTUD SERIVCES AND ANY PURCHASE YOU MAKE, INCLDUING, WITHOUT LIMITATION, ANY TAXES THAT MAY BECOME PAYABLE AS THE RESULT OF YOUR OWNERSHIP, OR TRANSFER OF ANY NFT OR UTILITY TOKEN AND ANY ACTION CONDUCTED BY YOU ON THE FTUD SITE OR THROUGH ANY THIRD PARTIES.
19. FTUD DOES NOT SUPPORT THE TRANSFER OF ANY VIRTUAL ITEM OUTSIDE OF FTUD. ANY PARTICIPATION BY YOU IN A TRANSACTION OF ANY KIND OUTSIDE OF FTUD IS DONE AT YOUR OWN RISK.  IF YOU ELECT TO PURCHASE, TRADE OR SELL ANY NFT, UTILITY TOKEN OR OTHER DIGITAL ITEM WITH OR FROM OTHERS, FTUD WILL HAVE NO INSIGHT INTO OR CONTROL OVER THESE PAYMENTS OR TRANSACTIONS, NOR DOES IT HAVE THE ABILITY TO REVERSE ANY TRANSACTIONS.  FTUD WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT MAY ARISE AS A RESULT OF ANY TRANSACTIONS THAT YOU ENGAGE IN.

15. Refunds of Physical Item Purchases

Any policies regarding returns and/or refunds of any physical items purchased will be provided alongside the item description and purchase information.  In the event that no such information is provided in the item description, or purchase information, by default, no returns or refunds will be granted.

16. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless, FTUD, its affiliates, parents and subsidiaries and each of their respective officers, directors, employees, consultants, advisors affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your use of and access to the Services; (ii) your purchase of any digital items, NFTs, or tokens of any kind; (iii) your violation of any of these Terms; (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (v) any claim that any Content caused damage to a third party.  This defense and indemnification obligation will survive the agreement of these Terms and your use of the Services.

17. Third Party Links

The Services may contain links to third-party websites and online services that are not owned or controlled by us.  We have no control over and assume no responsibility for such websites and online services.  Be aware when you leave our Services and we suggest that you read the terms of use and privacy policies of each third-party website or online services that you visit.

18. Changes to These Terms

We may change these Terms at any time and at our sole discretion to (i) reflect changes to our Services or how we do business (e.g. adding new products or removing old ones), (ii) for legal, regulatory or security reasons, or (iii) to prevent harm or abuse towards us or any user.

If we materially change these Terms, we will provide you with reasonable notice of the change(s) in order to provide you with the opportunity to review the change(s), except (a) when we launch a new product or feature, or (b) in urgent situations, such as preventing ongoing abuse or responding to legal requirements.  If you don’t agree with any changes made to these Terms, you should discontinue your use of the Services.  Any continued use of the Services after changes made to these Terms constitutes your acceptance of the changes and the entire Terms of Use.

19. Severance

If it turns out that any item in these Terms is not enforceable for any reason, this will not affect any other items within these Terms.

20. No Waiver

If you fail to comply with these Terms and we do not take immediate action to insist upon or enforce any provision of these Terms, this does not meant that we are giving up any rights that we may have and may choose to take action in the future, and shall not be construed as a waiver of any provision or right.

21. Interpretation

In these Terms, “include” or “including” means “including but not limited to” and any examples we have provided are for illustrative purposes.

22. Governing Law

All claims arising out of or relating to these Terms or the Services will be governed by and construed in accordance with the substantive the laws of Bulgaria and any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by the courts of that jurisdiction.  You and FTUD consent to personal jurisdiction in those courts.

23. Entire Agreement

These Terms and all other policies, including the Privacy Policy, constitute the whole legal agreement between you and FTUD and govern your use of the Services.

These Terms of Use are effective as of September 4, 2024.