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Terms of Service

Last updated: 10 October 2023

1. Preamble

Welcome to FANtium. The FANtium website is owned and operated by FANtium AG, a company incorporated pursuant to and duly registered under the laws of Switzerland, and domiciled in CH-6300 Zug, Gubelstrasse 11 ("FANtium"; "we" or "us" or "our"). FANtium offers a software-based application as a primary market platform by means of which fans and/or sport agencies may invest in athletes they believe in through the purchase of non-fungible tokens ("NFT") and participate in their real-world financial success ("Platform").

Following their successful registration on the Platform, professional athletes ("Athlete") may tokenize a part of their expected prize money and/or future proceeds / earnings from tournaments to be won during a specific season by issuing and selling NFTs to their fans ("Fan") and/or to Sport Agencies ("Agencies") via the Platform. The NFTs issued entitle the respective holders of an NFT ("NFT Holder") to a percentage of the Athlete's total prize money won ("Award Share"). Athlete may offer further monetary and non-monetary benefits linked to the NFTs issued ("Benefits").

Please note that these Terms of Service only govern the use of the Platform and provide general information. Please refer to the NFT Sale Agreement for the full terms and conditions related to the purchasing and owning of an NFT.

2. Applicable Terms of Service

These terms of service ("Terms"), together with any documents expressly incorporated by reference, govern your access to and use of the Platform, including all related tools, web applications, mobile applications, decentralized applications, smart contracts and Application Programming Interfaces (APIs) located at any of FANtiums' websites or servers, including, without limitation, successor website(s) or application(s) and any and all services related thereto. For the purposes of these Terms, "you" means the user, i.e., Athlete(s), Fan(s), and Agency(ies) accessing the Platform and registering thereupon ("User(s)").

Please note that FANtium solely provides technical infrastructure to Users via which Athletes may create and sell and Fans and/or Agencies may acquire NFTs, and that FANtium is not a party to any agreement concluded between any Athlete and any Fan and/or Agency, or between any Users. Fans and Agencies bear full responsibility for verifying the identity, legitimacy, and authenticity and enforceability of NFTs that they purchase from Athletes using the Platform and account that they view or otherwise interact with in conjunction with the Platform and that FANtium makes no claims about the identity, legitimacy, functionality, or authenticity of any User or of any NFT (and any content associated with such NFT) visible on the Platform.

3. Accepting these Terms

You are accepting these Terms by clicking on the "Confirm" button or by using the Platform and you agree to be bound by these Terms and all of the terms incorporated herein by reference and you represent and warrant that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms, as the Platform is not intended for children under the age of 18. If you are under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you confirm that you have reviewed these Terms with your parent or legal representative to make sure that both you and your parent or legal representative understand and agree to these terms and that this agreement is binding upon the laws of the jurisdiction in which you are domiciled. You agree to have your parent or legal representative review and accept these terms on your behalf. If you are a parent or legal representative agreeing to the terms for the benefit of a child under 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to and accept full responsibility for that child's use of the platform, including all financial charges and legal liability that the child may incur.

FANtium reserves the right to change or modify these Terms at any time in its sole discretion. If we do, we will provide notice to you or change the version number and/or date above. By continuing to access or use the Platform, you confirm that you accept these updated Terms and all of the terms incorporated therein by reference.

4. FANtium Services

FANtium offers to the Users the following services ("Services"):

  • Provision of Technical Infrastructure / Access to Platform for Users (cf. Section 4.1 below): FANtium grants access to the Platform to Users by means of remote network connection as provided for under these Terms of Service. FANtium provides no wallet services to Users.
  • Configuration & Deployment of NFT Smart Contracts on Behalf of Athletes (cf. Section 4.2 below): Athlete provides all information which is necessary for the minting of the respective NFTs to FANtium based upon which FANtium pre-configures the NFTs in a respective smart contract with a software tool. After Athlete's review and confirmation, FANtium deploys the respective NFT minting smart contract on behalf of the Athlete.
  • Claiming of Award Share on behalf of NFT Holder (cf. Section 4.3 below): In the event that FANtium and the NFT Holder have entered into a debt collection agreement, FANtium assists the NFT Holder in claiming its Award Share vis-à-vis the Athlete as provided for in these Terms of Service.
  • KYC Checks of Users (cf. Section 5.4 below): FANtium or a KYC Service Provider chosen by FANtium identifies all Users registering on the Platform.
  • Marketing Services (optional): FANtium may support the Athlete regarding the promotion of the Platform and the NFT of the Athlete based on a separate agreement.

4.1 Provision of Technical Infrastructure / Access to Platform for Users

In order to access the Platform, Users need to register on the Platform and create a user account as part of the onboarding process ("User Account"). As part of this process, User must integrate (link) an existing third-party EVM-compatible wallet (e.g., MetaMask) to his/her/its User Account, or alternatively, a non-custodial third-party provider wallet may be set up for him/her/it and integrated by FANtium ("User Wallet").

The User's use of the User Wallet is subject to the terms and conditions of the respective third-party wallet provider. FANtium does not provide any wallet software solution and has no custody or control over User's Wallet and no ability to retrieve or transfer any or all assets held thereon. FANtium may not make any representations or warranties as to how the transactions will be operated with a specific wallet.

Access to the Platform might be interrupted from time to time for any reasons at the discretion of FANtium, including without limitation, the malfunction of equipment, periodic updating, maintenance or security reasons.

Users are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access the Platform and to use the Services, whereby such license is subject to User's compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to the User as part of the Users' use of our Services, we hereby grant Users a non-commercial, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to Users as part of our Services, in each case for the sole purpose and limited to the extent strictly necessary to enable Users to use our Services as permitted by these Terms, provided that the Users' license in any content linked to or associated with any NFTs (if any) is solely as set forth by the applicable seller or creator of such NFT respectively right owner.

In case of problems while using the Services, User shall contact FANtium.

4.2 Configuration & Deployment of NFT Smart Contracts on Behalf of Athletes

FANtium assists Athletes wishing to tokenize a part of his/her/its total amount of prize money. For that matter, Athletes shall provide to FANtium all necessary information for the minting of the respective NFTs.

On the basis of the received information, FANtium pre-configures the NFTs in a respective NFT smart contract.

After Athlete's review and confirmation, FANtium deploys the respective NFT minting smart contract on behalf of the Athlete.

4.3 Claiming of Award Share on behalf of NFT Holder

To the extent a debt collection agreement is in place between FANtium and an NFT Holder, FANtium may – based on the respective power of attorney – claim the Award Share on behalf of the entitled NFT Holder vis-à-vis the Athlete.

If such a contract is in place, the Athlete may fulfil its contractual obligations by conducting the payment of the Award Share directly to FANtium, and FANtium pays out this Award Share to the entitled NFT Holder.

4.4 KYC Checks of Users

To set up a User Account or to use the Services as further specified herein in Section 5, FANtium will request and shall obtain, verify and record information regarding all Users. For these purposes, FANtium may elect a suitable third-party service provider ("KYC Service Provider") and request Users to provide all required information, including supporting documentation, legal information and other evidence as may be reasonably requested by FANtium, to such KYC Service Provider in order to complete FANtium's or the KYC Service Provider's examination ("KYC Check").

You undertake to provide accurate, current and complete information about yourself, and share to FANtium or the KYC Service Provider prompt updates related to necessary information.

If FANtium uses the services of a KYC Service Provider, the KYC Check shall be subject to the terms and conditions and the privacy policies of the respective KYC Service Provider. Additional KYC Checks may be performed before each purchase of an NFT via Platform and before payment of Award Shares.

You understand that the outcome of the KYC-Check, e.g. the non-admission of an athlete or a fan and/or an agency to use the Platform, or its exclusion at any time later, lies in the sole discretion of FANtium or KYC Service Provider. You further understand that the amount of information requested to provide as part of the KYC Check may be subject to change over time and that you may at a later point in time be requested to provide additional documents and/or information, based on which your access to the Platform may be rejected.

5. User Information Security

You are solely responsible for the security of your User Wallet and your User Account and your control over any usernames, passwords or any other codes that you use to access the Platform. FANtium is not responsible for managing and maintaining the security of your User Account. You agree to immediately notify us, if you discover or otherwise suspect any security issues related to the Platform or your User Account.

6. User Conduct

While accessing the Platform or using our Services you agree that:

  • You will not pose as another person or entity;
  • You will not provide false, inaccurate or misleading information;
  • You will not claim another User's user name for selling or reselling NFTs or for the purpose of name squatting;
  • You will not share your User Account with anyone or use another User's User Account without prior written (textform sufficient) permission of said User and of FANtium;
  • You will not upload, distribute or otherwise make available through the Platform any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content;
  • You will not upload or distribute or otherwise make available through the Platform any content that infringes intellectual property rights of FANtium, of any other User or of any other party;
  • You will not distribute malware, viruses, worms, defects or other items of a destructive or captive nature;
  • You will not distribute spam, including sending unwanted NFTs to other Users;
  • You will not use the Platform for any illegal activity, including without limitation, terrorism, tax evasion or money laundering;
  • You are not located in and will not use the Platform from a country or geographic area that is subject to UN-, US-, EU-, Swiss or any other sovereign country's sanctions or embargoes;
  • You will not enter into contractual agreements with or execute transactions involving individuals sanctioned by any UN-, US-, EU-, Swiss or any other sovereign country's government;
  • You will not use the Platform to carry out any financial activities subject to registration or licensing, including but not limited to creating, selling or buying securities, commodities, options, or debt instruments;
  • You will not defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights of others, including without limitation privacy rights and intellectual property rights;
  • You will not remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it;
  • You will not act in any discriminatory manner;
  • You will not use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Platform, extract data, or otherwise interfere with or modify the rendering of service pages or functionality;
  • You will not reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Platform, 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 our service;
  • You will not attempt to circumvent any FANtium fee systems;
  • You will not create a product or service that is competitive with any of our products or Services.

7. Communication

You agree and understand that we will communicate with you via electronic means (e.g. via providing information in your account and via emails). To ensure that you receive all of our communications, you agree to keep your email address current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communications delivered to your e-mail address on record are considered valid.

8. Ownership

You acknowledge and agree that the Platform, including its "look and feel" (e.g., graphics, design, text, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the FANtium logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of FANtium or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Platform and its content, including, without limitation, the exclusive right to create derivative works.

Except as expressly set forth herein, your use of the Platform does not grant you ownership of any other rights with respect to any content, code, data or other materials that you may access on or through the Platform.

9. Ownership in NFTs

Ownership of a copyright is separate and distinct from ownership of a material object or a digital asset in which the artwork is embodied or embedded. According to our Terms, Athletes do not lose copyright protection over their unique pictures used as an identification image ("Visual") when they sell NFTs. Fans and/or Agencies only have a property interest in lawfully purchased NFTs, but they do not have a copyright in or license to the Visual unless explicitly granted by these Terms.

10. Limited License to the Visual

NFT Holder is granted a limited, worldwide, non-exclusive, non-transferable, royalty-free license to use, copy and display the Visual, solely for the following purposes: (i) for their own personal, non-commercial use; (ii) for attempts to sell, selling or otherwise disposing of the NFT, in each case (i) and (ii) consistent with the ownership of the NFT.

10.1 No Commercial Use of the Visual

NFT Holder may not make commercial use of the Visual or underlying artwork, including, for example, selling copies to the work, selling access to the Visual, selling derivative artworks embodying the Visual, or otherwise commercially exploiting the Visual.

10.2 Restrictions on the Limited License to the Visual

NFT Holder agrees that he/she/it may not, nor permit any third party, to do or attempt to do any of the foregoing without the issuing Athlete's express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Visual which would be prejudicial to the Athlete's honor or reputation; (ii) use the Visual to advertise, market, or sell any third party product or service; (iii) use the Visual 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; (iv) incorporate the Visual in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Visual; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Visual; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same Visual, whether on or off of the Platform; (viii) falsify, misrepresent, or conceal the authorship of the Visual; or (ix) otherwise utilize the Visual for the NFT Holder's or any third party's commercial benefit.

11. Award Shares, Benefits and Limited License Belong only to the Current Owner of the NFT

User agrees and acknowledges that the lawful ownership, possession, and title to the NFT is necessary and sufficient condition precedent to receiving any Award Shares, Benefits or limited license rights to the Visual provided by these Terms and that they are subject to the terms and conditions agreed upon between the issuing Athlete and any (further) purchaser of said Athlete's issued NFTs ("NFT Sale Agreement"). Any subsequent transfer, dispossession, burning, or another relinquishment of an NFT will immediately terminate the former owner's rights and interest in the license or the NFT as provided by these Terms unless otherwise specified in the respective NFT Sale Agreement.

12. User Feedback

We appreciate and encourage you to provide feedback to the Platform. If you provide feedback, you agree that we are free to use it and permit others to use it without any restriction or compensation to you.

13. User and Third-Party Content and Services

FANtium is not a party to any agreement between Users of the Platform and does not make any representations or warranties about any User or third party's content visible on the Platform, including in particular any content associated with NFTs displayed on the Platform. We also cannot guarantee that any NFTs minted and sold via Platform will always remain visible and/or available to be bought, sold, or transferred.

Agreements between Users are subject to specific terms and conditions agreed upon by the Users. For example, when you click to get more details on an NFT that can be purchased via Platform, the information provided might include special purchase terms or benefits associated with a given NFT or refer to a website including purchase terms governing the purchase and use of the NFT. Please note that FANtium is not a party to such purchasing terms and you are solely responsible for reviewing such terms and conditions.

The Platform might contain third-party content or links to third-party websites or applications for your convenience. FANtium is not responsible for such content or links to third parties. You understand that your use of any third-party website is subject to any terms of use and/or privacy notices provided by such third-party website operator.

14. User Content and Intellectual Property Rights

You are solely responsible for all the information you provide to FANtium and/or that you publish via Platform ("User Content"). By using our Services or making any User Content available on the Platform you hereby grant to FANtium a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy modify, create derivative works based upon, distribute, publicly display and publicly perform your User Content in connection with operating and providing our services for our current and future business purposes.

This includes the right to use the Athlete's name, image, biography, and other information provided as well as the artwork linked to or associated with an NFT for marketing purposes.

You represent and warrant that you have and will have all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through or on the Platform, nor any use of your User Content by FANtium on or through the Platform will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

15. Purchasing of NFTs

NFTs can be purchased by Fans and/or Agencies directly via Platform whereby payments can be made in crypto currency available at the checkout. Payments in crypto currencies are conducted directly between Athlete and Fan and/or Agency (peer-to-peer). Users accept and acknowledge that transactions are governed by the terms and privacy policy of the respective financial services provider. Users further explicitly acknowledge that FANtium is not a party to any NFT sales contract respectively transaction, and that FANtium is not involved in any transfer of funds and does not receive, hold or forward fiat or crypto currencies on behalf of any User.

16. Granting of Award Shares and Benefits

16.1 NFT Sales Agreement between Athlete and NFT Holders

An Athlete grants the Award Share as well as any Benefits to the actual NFT Holder according to the terms and conditions of the respective NFT Sale Agreement.

As a condition precedent to receiving payment, the entitled NFT Holder must follow the claiming procedures imposed by the Athlete.

16.2 Debt Collection Agreement between FANtium and NFT Holders

To the extent a debt collection agreement is in place between the entitled NFT Holder and a third party, the Athlete may fulfil its contractual obligations by conducting payment to such duly authorized third party.

By using the Services, by accessing the Platform and by accepting these Terms, the NFT Holder requests and authorizes FANtium to claim any Instalments he/she/it will be entitled to vis-à-vis the Athletes in his/her/its name and for his/her/its account. Based on this power of attorney, FANtium shall claim the respective Instalments upon Claim Dates and shall pay out such Instalments to a bank account or wallet address as indicated by NFT Holder during the registration and User Account opening process.

17. Fees

17.1 Platform Usage Fees

NFT Holder hereby agrees to undertake to pay for the services provided according to this agreement ("Platform Usage Fee"). The Platform Usage Fee shall consist of 2.5% (VAT included, if any applicable) of each payout of any Award Share at the time this is claimed by the User through the platform from the Athlete.

17.2 Gas Fees

Every transaction (purchase of an NFT) is subject to a transaction fee ("Gas Fee"). Gas Fees fund the network of computers that run a decentralized blockchain network, meaning that NFT Holder will need to pay a Gas Fee for each transaction that occurs via a decentralized blockchain network.

User hereby agrees to pay all applicable Gas Fees which may arise in connection with the sale and/or purchase of NFTs issued and sold/bought via Platform.

FANtium has no insight into or control over these payments or transactions, nor does FANtium have the ability to reverse any transactions. Accordingly, FANtium will have no liability to Users or to any third party for any claims or damages that may arise as a result of any transactions of the NFTs sold/acquired.

The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of FANtium or the Platform. The User acknowledges that under no circumstance will a contract, agreement, offer, sale, bid, or other transaction posted on or initiated via Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to a User. User also acknowledges and agrees to pay and Gas Fees applicable to a transaction in NFTs and that the Gas Fee is non-refundable under all circumstances.

17.3 Trading Fees

NFT Holders may trade (resell and/or buy) their NFTs via third-party marketplaces. Users hereby acknowledge that sales on the third party-marketplaces may be subject to a trading fee imposed by and subject to the discretion of the respective third-party marketplace and/or the Athlete.

18. Payment Processing through Smart Contracts

The User understands and agrees that payments, fees, royalties etc. may be transferred, processed, or initiated directly through one or more smart contracts on blockchain networks. By using the Platform and by interacting with smart contracts, User hereby acknowledges, consents to and accepts all automated payments, fees, royalties etc. for the transactions being initiated via Platform and consents to and agrees to be bound by the smart contracts' execution and distribution of the payments, fees, royalties etc.

19. Tax Considerations

It is the respective responsibility of each User to seek relevant tax advice in order to measure the tax impact of the use of the Platform, the use of the Services and/or the contemplated transaction and comply with any applicable tax obligations in whichever jurisdiction. Furthermore, each User must pay those taxes which are due to them by law.

20. Indemnification

You agree to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless FANtium, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the "FANtium Parties"), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interests, fees, expenses (including, without limitation, attorneys' fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, 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"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Platform, content, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or willful misconduct. You agree to promptly notify FANtium of any Claims and cooperate with the FANtium Parties in defending such Claims. You further agree that FANtium shall have control of the defense or settlement of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities as set forth in a written agreement between you and FANtium.

21. Representations, Warranties, and Acknowledgments of the User

The User represents and warrants to FANtium the following, and acknowledges that FANtium is relying on these representations and warranties:

  • The User warrants and represents that it (or its legal representatives) has the full right and authority to enter into this Agreement, to execute this Agreement, to perform its obligations hereunder, that it holds any and all rights granted to each other hereunder and that the use of the rights granted to each other do not infringe any third-party rights and that such rights are free from any claims by third parties. The User shall refrain itself from entering into any agreement with any person or entity that contravenes any of the provisions set out in this Agreement.
  • The User is not listed, or associated with any person or entity listed, on any of the US Department of Commerce's Denied Persons or Entity List, the US Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, the US Department of State's Debarred Parties List, the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions, or the Swiss SECO's Overall List of Sanctioned Individuals, Entities and Organizations, and neither the User nor any of its affiliates, officers or directors is a resident of a country or territory that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force on money laundering ("FATF");
  • The User confirms not to be resident of, citizen of or located in a geographic area that is subject to UN-, US-, EU-, Swiss or any other sovereign country sanctions or embargoes;
  • The User is not domiciled in or organized under the laws of any country, whose legislation conflicts with the present allocation of the NFT and/or the purpose of FANtium in general and/or the enforceability of these Terms of Services or the NFT Sale Agreement;
  • The User understands and agrees that it is not entitled to sell, donate, pledge or transfer in any other way the NFT to persons as defined in the three preceding paragraphs;
  • Any funds used to buy the NFT or used as Award Share are: (i) good, clean, clear and are of non-criminal origin; (ii) completely free and clear of any liens or encumbrances of any kind of any rights of third-party interests; and (iii) have no origins that may be connected to any breach of money laundering regulations whatsoever, as defined in the jurisdiction of origin, or internationally;
  • The User is a Non-U.S. person as defined in Rule 902 (k)(2) under the Securities Act. The User has not entered into this Agreement because of, and will not itself engage in, any "directed selling efforts" (as such term is defined in Regulation S under the Securities Act) in respect to this Agreement and any NFT issuable hereunder, which would include any activities undertaken for the purpose of, or that could reasonably be expected to have the effect of, conditioning the market in the United States for the resale of the NFT; provided, however, that the User may sell or otherwise dispose of any of the NFT pursuant to registration of any of the NFT pursuant to the Securities Act and any applicable state securities laws or under an exemption from such registration requirements and as otherwise provided herein;
  • The User is outside the United States when receiving and executing this Agreement and is acquiring the NFT issuable hereunder as principal for its own account, for investment purposes only, and not with a view to, or for, resale, distribution or fractionalization thereof, in whole or in part, and no other person has a direct or indirect beneficial interest in such instrument or NFT;
  • The User has a deep understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens, like BTC and ETH, and blockchain-based software systems and intends to obtain Tokens for the use of the Platform;
  • The User has been advised that this Agreement and the NFT to be allocated to the User hereunder may, in certain jurisdictions, be considered securities, and neither the Agreement nor the NFT issuable hereunder may be resold except in compliance with applicable securities laws. Consequently, User understands that it must bear the economic risks of its contribution under this Agreement or possible future receipt of Tokens for an indefinite period of time;
  • All information provided by the User within any registration process linked to this purchase is true and accurate and the User does not act on behalf of any third party;
  • The User is legally permitted to receive and hold and make use of NFTs in its jurisdiction;
  • The User is not obtaining or using the endowed NFT for any illegal purposes;
  • The User hereby waives the right to participate in any class-action lawsuit or class-wide arbitration against any entity or individual involved in the allocation of NFT and with the operation of the Platform;
  • The User understands and expressly accepts that there is no warranty whatsoever on the success of the Platform and the minted NFT, expressed or implied, to the extent permitted by law, and that the NFT to be created and obtained are at the sole risk of the User on an "as is" and "under development" basis and without, to the extent permitted by law, any warranties of any kind, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose. The User is aware that, it will not receive money or any other compensation for any NFT created but not bought by Fans, not used or that remains unused;
  • All Users purchasing NFTs understand and accept that they have not relied on any representations or warranties made by FANtium or any other person outside of FANtium made in this Agreement, including but not limited to, conversations of any kind, whether through oral or electronic communication, or any presentation, technical paper, white paper, social media content or website posting;
  • The User understands that the value of NFT over time (if any) may experience extreme volatility or depreciate in full;
  • The User understands that it bears the sole responsibility to determine if minting, buying, using or owning the NFT, the potential appreciation or depreciation in the value of the NFT over time (if any), the receipt of revenues via the NFT (if any), the sale and purchase of NFT and/or any other action or transaction related to the Platform have tax implications.

22. Disclaimers

YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND FANTIUM EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. FANTIUM AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICES OF FANTIUM: (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. FURTHERMORE, FANTIUM MAKES NO WARRANTY OR REPRESENTATION THAT THE NFTS CAN BE TRADED OR VALIDLY TRANSFERRED VIA SECONDARY MARKET. FANTIUM 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 AND ENFORCEABILITY. FANTIUM 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 PLATFORM. WHILE FANTIUM ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE PLATFORM SAFE, FANTIUM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY NFTS, OR ANY NFTS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS' SERVERS ARE AVAILABLE AT ALL TIMES, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE FANTIUM PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD FANTIUM RESPONSIBLE FOR ANY BREACH OF SECURITY.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR NFTS.

NFTS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., ETHEREUM). FANTIUM AND/OR ANY OTHER FANTIUM PARTY CANNOT AFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.

NO FANTIUM PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE NFTS. NO FANTIUM PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NFTS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. To the extent we may not, as a matter of applicable law, disclaim any (implied) warranty the scope and duration of such warranty will be the minimum permitted by applicable law.

23. Risks

You accept and acknowledge:

  • The prices and liquidity of NFTs are extremely volatile. Fluctuations in the price of cryptocurrencies and other digital assets could materially and adversely affect NFTs made available through the Platform. You understand that you may lose money;
  • A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of a certain NFT;
  • The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform and the utility of tokens and NFTs;
  • Our Platform does not store, send, or receive cryptocurrency assets. We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Transactions in NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction;
  • There are risks associated with using internet- and blockchain-based products, including but not limited to, the risk associated with hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your User Wallet or your User Account. You accept and acknowledge that FANtium will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform or any blockchain network for transactions, however caused;
  • The Service may rely on third-party platforms and/or vendors and/or other third-party providers. If we are unable to maintain a good relationship with such platform providers, vendors or other third party providers; if the terms and conditions or pricing of such platform providers, vendors or other third party providers change; if we violate or cannot comply with the terms and conditions of such platforms, vendors or third party providers; or if any of such platforms, vendors or other third party providers loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Platform will suffer;
  • There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs, User Wallets or User Accounts;
  • FANtium reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on FANtium. Under no circumstances shall the inability to view your assets in your User Wallet or in your User Account or an inability to use the Platform in conjunction with the purchase, sale or transfer of items available on any blockchains serve as grounds for a claim against FANtium;
  • If you have a dispute with one or more Users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

24. Limitations of Liability

LIABILITY OF FANTIUM FOR DIRECT AND INDIRECT DAMAGES – REGARDLESS OF THE LEGAL GROUND – IS EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. LIKEWISE, CONTRACTUAL LIABILITY FOR ACTIONS OR OMISSIONS OF AUXILIARY PERSONS AS WELL AS NON-CONTRACTUAL LIABILITY OF FANTIUM IS EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Some jurisdictions do not allow the exclusion of certain limitations of liability provided in these Terms. If you are in such a jurisdiction, some of the above limitations may not apply to you. To the extent we may not, as a matter of applicable law, limit our liabilities, the extent of our liability will be the minimum permitted by applicable law.

25. Privacy Policy

Please see our Privacy Notice to understand how we collect and use and disclose your personal data.

26. Modifications to the Services

We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, our Platform (or any features or parts thereof) at any time and without liability as a result.

27. Termination

FANtium has the right with or without notice and in its sole discretion, to suspend, disable, terminate or delete your User Account and/or your ability to access or use the Platform or our Services (or any part of the foregoing) at any time and for any or no reason. 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.

28. Export Laws

You agree that you will not use the Platform in a manner that breaches or causes the breach of any applicable export and re-export control laws and regulations.

29. Subcontractors

FANtium may commission subcontractors with the performance of its Services.

30. Survival

All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by FANtium or you. Termination will not limit any of FANtium's other rights or remedies at law or in equity.

31. Assignment

You may not assign or transfer these Terms, and any rights and licenses granted by FANtium hereunder without prior written (textform sufficient) consent of FANtium. FANtium may freely assign or transfer these Terms or any rights and licenses granted hereunder without restriction.

32. Waiver and Cumulative Remedies

No failure or delay by FANtium in exercising any right or remedy under these Terms shall constitute a waiver of such right or remedy. Other than expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedy of FANtium.

33. Severability

If any provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms or invalidate or render unenforceable such provision in any other jurisdiction. Upon such determination that any provision is invalid, illegal or unenforceable, these Terms shall be modified to effectuate the original intent of the Parties as closely as possible.

34. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the substantive laws of Switzerland. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.

Any dispute arising out of or in conjunction with these Terms shall be submitted to the exclusive jurisdiction of the ordinary courts of the city of Zug, Switzerland.