Fantom Foundation Terms and Conditions
Last updated: 26 June 2023
NOTICE OF BINDING TERMS AND CONDITIONS: You are legally bound by these “Terms and Conditions” when you visit or use our “Site,” including but not limited to our Website (at http://www.fantom.foundation) and other software or internet-based locations and features as identified below. You should carefully read these “Terms and Conditions” before using any infrastructure available through the Site, including as you may access it directly or indirectly, such as where it may be embedded in any associated web applications or wallets you use. If you do not understand and accept all these Terms and Conditions, then you should avoid using our Site, refrain from downloading any materials from our Site, and promptly redirect your web browser (or other internet-based application you may be using) away from our Site.
NOTICE OF BINDING ARBITRATION: Any claim, dispute, or controversy of any nature arising out of these Terms and Conditions must be resolved by final and binding arbitration in accordance with the requirements described in Section 13.
1. Agreement to Terms and Conditions
- 1.1. Your Assent to these Terms and Conditions. These Terms and Conditions constitute a legally binding agreement between you, whether personally or on behalf of an entity or group (“you” or “your”) and Fantom Operations Ltd (“we,” “us,” “our,” or “Fantom”) concerning your use of our Site (as defined in clause 1.4). You are strictly prohibited from, and agree to refrain from, using or accessing any part of the Site if you do not consent to these Terms and Conditions.
- 1.2. Entire Agreement. These Terms and Conditions, together with any other terms, policies, or notices to which you may agree in writing, as applicable (including but not limited to those documents incorporated by clause 1.11, below) constitute the sole and entire agreement between you and Fantom and supersede all prior and contemporaneous understandings between the parties on your use of the Site. You agree that, by accessing the Site, you represent and warrant that you have read, understood, and agreed to all provisions of these Terms and Conditions.
- 1.3. Contacting Us. We are in the Cayman Islands and are contactable as follows:
- a. VIA POST at c/o Stuarts Corporate Services Ltd, P.O. Box 2510, Kensington House, 69 Dr Roy’s Drive, George Town, KY1-1101, Cayman Islands, or
- b. VIA EMAIL at [email protected]
- 1.4. Our Site. These Terms and Conditions govern your use of our “Site,” which DOES NOT INCLUDE the Fantom Opera Chain (or “Chain,” as defined in the Important Notice you accept as part of these Terms and Conditions, available at http://www.fantom.foundation/notice) or the blockchain-based protocols of the underlying Fantom Network (which Fantom does not own, operate, or control), but which DOES INCLUDE the software and internet-based information, services, and features (and related communications) available through each of the following:
- a. Our website at http://www.fantom.foundation/ or any subdomain thereof controlled by us (the “Website”);
- b. Our forum at http://forum.fantom.foundation (the “Forum”);
- c. Our blockchain Explorer available at http://explorer.fantom.network (the “Explorer”);
- d. Any wallet you may access as part of Fantom’s progressive web application, or as otherwise made accessible, at either http://wallet.fantom.network, https://fwallet.fantom.network/ or http://pwawallet.fantom.network, or on our multi-signature wallet interface available at https://safe.fantom.network, or on any other subdomain of https://fantom.network, but excluding any of its interactions and activities on the Chain or any third-party wallets (your “Wallet”);
- e. Our “Gas Monetization” website available at https://earngas.fantom.network (the “Gas Monetization Application”)
- f. Our Vault program webpage at http://vault.fantom.foundation (the “Vault Page”);
- g. Other communication by us on infrastructure not operated by us including accounts on social media platforms (such as Twitter, Facebook, YouTube, Medium and the like) and communication tools (such as Discord and Telegram) and other public forums moderated by us (collectively, “Social Media”).
- 1.5. Disclaimer of Responsibility for the Chain. Fantom has no control over the operation of the Chain and offers no warranties in relation to its use, and your use of the Chain is not governed by these Terms and Conditions. The Chain forms a decentralised, permissionless distributed ledger technology ecosystem with no single source of truth or central authority or point of control. By accepting these Terms and Conditions, you represent that you understand and accept this disclaimer and the disclosures provided in the Important Notice relevant to your use of the Chain. You should reference the Important Notice (available at www.fantom.foundation/notice) for further details before using the Chain or interacting with any decentralised applications (“dApps”) running on the Chain. Fantom is not responsible for any action in which you might engage using the Chain, or for any actions of unauthorised users of any account or credentials belonging to you to access any part of the Site, and Fantom expressly disclaims and all corresponding liability.
- 1.6. Your Agreement to Modifications. We may make changes to these Terms and Conditions at any time, and, by accessing the Site, you agree to be bound by the most current version. The date of the most current version of these Terms and Conditions will be indicated on the upper-left-most location of these Terms and Conditions, and any modified version will be effective immediately when published. You are responsible for reviewing these Terms and Conditions to stay informed of updates. We will interpret your continued use of the Site following any published modification of these Terms and Conditions as your acceptance of the new version
- 1.7. Changes to our Site. We may update or change any component of the Site from time to time to reflect changes to our products, user needs or business priorities, without providing notice to you.
- 1.8. Access Restrictions. The information and features provided on the Site are not intended for distribution to or use by any person or entity in any jurisdiction or country where distribution or use would be contrary to law or regulation, such as applicable sanctions, or require us to hold any special licence or registration within your jurisdiction. We make no claims that the Site or any of its content or features are accessible or appropriate in the user’s jurisdiction. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site, you are solely responsible for ensuring that your access to and use of the Site does not violate any applicable laws or regulations in any jurisdiction to which you may be subject.
- 1.9. Representation of inapplicability of Sanctions. Without limiting any other provision in these Terms and Conditions, by using the Site, you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo/trade sanction, and (b) you are not identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties politically exposed person under anti-money laundering legislation or a sanctioned person.
- 1.10. Representation of Capacity and Authority. The Site is only to be used by persons who are at least 18 years old. By using the Site, you agree to these Terms and Conditions and represent and warrant that you are at least 18 years old, and that you have both the authority (on your own behalf or as an agent of an entity) and capacity to assent to these Terms and Conditions.
- 1.11. Incorporation of Other Terms. As between you and Fantom, all other terms, conditions, policies, or notices to which you may agree, including but not limited to each of the following, are expressly incorporated into these Terms and Conditions by reference:
- b. The Important Notice, available at www.fantom.foundation/notice, which provides you with certain disclosures that you accept in relation to your use of the Chain (the “Important Notice”);
- c. Any applicable terms, disclosures, and other documents that may be posted on the Site from time to time;
- d. Any other terms and conditions to which you may separately agree and govern your use of the software, products, services, content, tools and market data provided through the Site; and
- e. To the extent you use a Wallet through the Site, you are additionally subject to the Supplemental Wallet Terms, available at www.fantom.foundation/wallet_terms, which sets out terms and conditions related to Wallets, which govern in addition to these Terms and Conditions (the “Supplemental Wallet Terms”).
- 1.12. References to Your Account. Any reference to an “account” in these Terms and Conditions refers to an account or credential maintained and used uniquely to identify you and permit your access to any component of the Site, such as in relation to your use of the Website, Vault Page, or the Forum. On the other hand, any reference to an “account” in these Terms and Conditions is completely unrelated to your connection and therefore accounts with any Social Media, the Chain, or any Wallet you may hold or interact with through Fantom.
2. Acceptable Use
- 2.1. Use Restricted to Site Purposes. You may not access or use any part of the Site other than for the purpose or purposes expressly stated or readily implied by us through the Site or in other communications to you.
- 2.2. Your Revocable Licence. Your use of our Site, including related software components, is subject to a limited, revocable licence that we grant to you under these Terms and Conditions. We do not sell this licence to you, and you acknowledge that we do not transfer or assign any title or ownership rights to any part of the Site to you.
- 2.3. Prohibited Uses. Fantom is not responsible or liable for your acts or behaviours, or the acts or behaviours of other Site users or other third parties, including but not limited to, through the Forum, Social Media, or Third Party Products (as defined in clause 4.5). As a user of our Site, you agree not to do any of the following:
- a. Make any unauthorised use of the Site, such as collecting other users’ usernames or email addresses to send unsolicited communications or creating user accounts (including any accounts related to the Forum or when using Social Media) under false pretences;
- b. Systematically retrieve data or other content from the Site or users of the Site to compile a database or directory without our written permission;
- c. Circumvent, disable, or otherwise interfere with our Site’s security-related features, including features that prevent or restrict using or copying any Site-related data or content or enforce limitations on their use or copy;
- d. Use any Site information or features to bully, stalk, harass, abuse, assault, or harm any person, group or organization;
- e. Use any Site information or features in any effort to compete with us, create your own revenue-generating endeavour or commercial enterprise, or offer any substitute for any of the products, services or features we offer, either within or outside the Site;
- f. Harass, annoy, intimidate, or threaten any other Site user or any of our employees, agents, contractors, partners, or suppliers;
- g. Delete the copyright or other proprietary rights notice from your replication or use of any information or other content available on or through the Site;
- h. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up any part of the Site;
- i. Upload or transmit (or attempt to upload or transmit) any information, code, or other materials that function as a mechanism for passive or active information collection, including but not limited to clear graphics interchange formats (or GIFs), 1×1 pixels, web bugs, cookies, or other, similar devices (sometimes referred to as spyware or passive collection mechanisms);
- j. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that interferes with any person, organization, or group’s uninterrupted use and enjoyment of the Site;
- k. Use, launch, or engage in any automated use of the Site’s system, such as using scripts to send comments or messages, robots, scrapers, or offline readers, or deploying similar data gathering or extraction tools;
- l. Disparage, tarnish, or otherwise harm the Site, or us or our agents, employees, partners, or suppliers, or use the Site to violate other persons’ privacy or other legal rights;
- m. Use the Site in a manner inconsistent with, or that violates, any applicable law or regulation;
- n. Trick, defraud, or mislead us and other Site users, especially in any attempt to learn sensitive account information, such as user passwords or other credentials;
- o. Make improper use of our support services or submit false reports of abuse or misconduct;
- p. Interfere with, disrupt, or create an undue burden on any component of the Site or networks connected to the Site;
- q. Attempt to impersonate another user or person, use the username or credentials of another user, or impersonate or attempt to impersonate Fantom or any Foundation agent or employee (including, without limitation, by using any associated email addresses or usernames);
- r. Use the Site to advertise or sell goods and services;
- s. Access or attempt to access any part of the Site that you are restricted from accessing;
- t. Misrepresent your or any other Site user’s experience, skills, or information;
- u. Falsely imply a relationship with us or another company with whom you do not have a relationship.
- v. Engage in any overtly discriminatory, racist, sexist, misogynistic, objectifying, homophobic, or transphobic act or permeate any other form of bigotry or hatred;
- w. Act in any way to release personal information, including real-world information about other users or any Fantom agents or employees;
- x. Engage in, advocate for, or induce any act that would be deemed illegal in any jurisdiction to which you may be subject, including but not limited to any theft, aggravated sexual act, self–harm, insurrection, property damage, violent act, intimidation, libel, or other harm;
- y. Expose any persons under 18 years old to dangerous situations, including but not limited to grooming, inappropriate content, or sexualization (regardless of jurisdiction); or
- z. Impersonate or attempt to impersonate any other person, including the Foundation or any Foundation agent or employee (using an email address, name, username, title, or other identifying information or credential).
- 2.4. Unauthorised Access or Use. You understand and agree that you are strictly prohibited from (a) making any attempt to gain unauthorised access to the Site or any networks, servers, or computer systems connected to the Site and (b) making any modifications, adaptations, additions, or enhancements to the Site or our Site Content for any reason (including error correction), including the modification of the paper or digital copies you may have downloaded.
3. Your Responsibilities
- 3.1. Responsibility for Your Conduct. You accept and acknowledge that solely you are responsible for your conduct and all activity associated with your Site accounts and credentials, any Wallet you may hold, and your use of the Site and, if applicable, the Chain. You alone are responsible for any unauthorised access to and use of your accounts and credentials, and you accept all risk resulting from any other access to or use of (whether authorised or unauthorised) the Site or related third-party services, to the maximum extent permitted by law. You agree to use the Site for purposes that are legal, proper, and in accordance with any applicable laws or regulations and the provisions of these Terms and Conditions.
- 3.2 Responsibility for Your Credentials. You understand and accept that you are responsible for securing your own private keys or other credentials you use to access any component of the Site, the Chain, your Wallet, or third-party applications. You represent and warrant that you are familiar with and accept the risks associated with digital applications, digital identity, private keys, and the importance of keeping these secure, and other related risks.
4. Our Content
- 4.1. Rights to Site Content. Unless otherwise indicated by us in writing, we own all rights to our Site and all related content and features, including but not limited to source code, databases, functionality, software, website designs, audio, video, text, photographs, logos, and graphics available on, through, or in connection with any part of the Site (altogether, “Site Content”). Except where specifically attributed to someone else, we own all necessary moral, proprietary, and licensing rights related to Site Content, which is protected by copyright, trademark, and other applicable intellectual property laws and international conventions all around the world. You are not permitted to use our trademarks or copyrighted material without first receiving our written consent or the consent of the owner of the marks.
- 4.2. Use of Open-Source Code. Some components of the Site and related services or features may include certain open source components that are subject to open source software licenses owned by one or more third parties (the “Open Source Code”). Your use of any Open-Source Code or any components of our Site is not subject to the provisions of these Terms and Conditions but, instead, is subject to the licence terms accompanying the Open-Source Code. Nothing in these Terms and Conditions limits your rights under, or grants you rights superseding, the terms of any Open-Source Code.
- 4.3. Copying Our Site or Content. Unless otherwise expressly provided in these Terms and Conditions, you are prohibited from, and agree not to, copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, licence, or otherwise commercially exploit any part of the Site or any Site Content without first obtaining our express written permission.
- 4.4. Your Limited Licence. If you are eligible to use the Site, we grant you a limited licence to access and use the Site and our Site Content in accordance with these Terms and Conditions, and to download or print a copy of any Site Content that you are authorised to access, but solely to the extent you use the copies for your own personal, non-commercial use.
- 4.5. Third-Party Products. In addition to or as part of our Site Content, third parties may advertise, make commercial offers, or provide you with information, products, or services, including through third-party integrations and links to other websites (collectively, “Third-Party Products”). Third-Party Products may be governed by separate agreements or licences with those third parties. We offer no guarantee and assume no responsibility or liability of any kind for Third-Party Products or their providers, including but not limited to your use of any content or features available through third-party sites. You understand and agree that you are responsible for the consequences of your use of any Third-Party Products, and that we bear no responsibility or liability for Third-Party Products or the actions of any third parties. We are not responsible for the actions of any third party or their compliance or noncompliance with any applicable laws or regulations.
- 4.6. Purposes of Content. All Site Content is provided to you for informational purposes only. To the extent permitted by law and subject to clauses 8.6 and 8.7, we disclaim all liability in relation to your use of any Site Content. All other information, services, or features of third parties (whether available through our Website, on any Social Media, or by other means) is also for informational and educational purposes only. No party of any Site Content or third-party content should be construed as an endorsement by Fantom to use any part of the Site or any products or services whatsoever. No Third-Party Products should be considered an endorsement of Fantom. To the extent you use Third-Party Products or otherwise engage with third parties or third-party sites, links, or pop-ups, you do so at YOUR OWN RISK.
- 4.7. Notifying Us of improper Copyright or Trademark use. If you are, or are authorised to act on behalf of, a copyright or trademark owner, and if you believe in good faith that your copyrighted work or trademark has been copied in a way that constitutes infringement of your intellectual property rights, then please provide us with written notice via mail or email (as specified in clause 1.3). Upon receipt of your notice, we will take whatever action we deem appropriate under the circumstances and applicable law, in our sole discretion.
- 4.8. Disclaimer of Warranties. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties, or guarantees, whether express or implied, that our Site Content is accurate, complete, or up to date. The Site is provided to you AS IS and AS AVAILABLE, with all faults. We expressly disclaim all liability for any inaccuracies in the Site, Site Content, or information processed through our systems or provided by any third party. We disclaim all warranties, express or implied, with respect to the Site, Site Content, and Third-Party Products including but not limited to any warranty of fitness for a particular purpose, merchantability, or good and workmanlike product or service. Additionally, we do not guarantee our Site will be secure or free from bugs, viruses, or other malware. You should not interpret any Site Content or any communications from us as advice of any kind, including but not limited to financial advice. You should seek professional or specialist advice before you ever consider acting or not acting on the basis of any Site Content. We are not liable for any errors in actions taken in reliance Site Content or any communications you may receive from us, including with respect to the release of any tokens or funds.
5. Your Content
- 5.2. Your Feedback. No User Content you submit will be deemed to establish any additional or separate contractual relationship between you and us outside the provisions of these Terms and Conditions.
- 5.3. Your Waiver of Moral Rights. Except to the extent prohibited by law, you agree to waive any intellectual property interest or other “moral rights” you may have in the User Content in any competent jurisdiction.
- 5.4. Your Right to Submit Content. You represent and warrant that no User Content you upload through the Site in any way infringes on the copyright, trademark, patent, trade secret, or other intellectual property right of any third party.
- 5.5. Prohibited Content. You represent and warrant that you will not use or contribute User Content that is unlawful, tortious, defamatory, obscene, invasive of personal privacy, threatening, harassing, abusive, hateful, racist, or otherwise objectionable, inappropriate, or which would otherwise violate clause 2.3.
- 5.6. Our Removal of Content. We may remove any User Content or related content or elements from our Site at our sole discretion, and you understand and agree that we are not liable for removing or not removing any User Content or other content for any reason. We reserve the right to review any User Content. We may, in our discretion, take any appropriate action against you if you upload User Content in violation of these Terms and Conditions.
6. Site Management
- 6.1. Our Functions. We reserve the right, in our sole discretion, to do any of the following:
- a. Monitor the Site for breaches of these Terms and Conditions;
- b. Take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions;
- c. Disable access to the Site to address any hacks, exploits, system vulnerabilities, or anything that is in any way a burden to our systems; and
- d. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of our Site.
- 6.2. Site Uptime. We cannot guarantee or make any assurances of any kind that our Site will always be available and free from defects, viruses and malware and we expressly disclaim all warranties under clause 4.8. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, which may result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. We are not obligated to maintain and support the Site or supply any corrections, updates, or releases.
7. Information Collection
- 7.2. Collecting Anonymised Data. When you use the Site, we may monitor your computer or mobile device’s memory to ensure the Site is performing properly. During this process, we may collect anonymised data from you or your device and use it to inform our Site’s continued development.
8. Limitation of Liability
- 8.1. Scope of Limitations. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law), which we expressly disclaim in clause 4.8, as well as the liability we disclaim under this Section 8, are excluded to the fullest extent permitted by applicable law.
- 8.2. Force Majeure. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if our delay or failure is caused by an event reasonably beyond our control.
- 8.3. Your Acceptance of Risks. You warrant that you understand and accept the inherent security risks of providing information over the internet and dealing online, and you agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence. Any information you send or receive while using the Site may not be secure and may be intercepted or later acquired by unauthorised parties. Your use of the Site and any related features or tools is at your own risk. You accept that in using any of the Site, Wallet or Chain, you are additionally subject to and understand and accept all other associated risks such as ownership expectations, technology risk, token risk and market risk as described in clause 4 (Assumption of risks) in our Supplemental Wallet Terms.
- 8.4. Liability Cap. Notwithstanding anything to the contrary contained in these Terms and Conditions, our liability to you (for any cause whatsoever and regardless of the form of action) will at all times be limited to no more than a total aggregate amount equal to the greater of (a) the sum of $10,000 (USD) or (b) the amount paid, if any, by you to us for the use of any part of the Site during the 6-month period preceding the rise of any lawful cause of action.
- 8.5. Our Responsibility for Loss or Damage. Regardless of whether you are a consumer or business user, we do not exclude or in any way limit our liability to you where it would be unlawful, such as liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or contractors, or for fraud or fraudulent misrepresentation. We will not be responsible or liable to you for any losses you incur resulting from your use of the Site, your Wallet (if applicable), any other wallet (whether or not accessible from our Site) or any third-party dApps (whether or not accessible from our Site). To the extent permitted by law, we will not be responsible for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, our Site, or with your use of or reliance on any content displayed or otherwise obtained on or through our Site. Our exclusion from liability includes but is not limited to the following:
- a. Loss of profits, sales, business, or revenue;
- b. Business interruption;
- c. Loss of anticipated savings;
- d. Loss of business opportunity, goodwill or reputation;
- e. Any indirect or consequential loss or damage;
- f. Any damage suffered from unauthorised access or activities by third parties, including the use of viruses, phishing, brute forcing, or other means of attack against the Site, the Chain, or your Wallet;
- g. Any user error, such as forgotten private keys or incorrectly construed smart contracts or other transactions;
- h. Any server failure or data loss, including loss of private keys;
- i. Corrupted wallet files; and
- j. Infringement of intellectual property rights by other users.
- 8.6. Our Additional Responsibility if You Are a Consumer. If you are a consumer user of the Site, you agree that we have no liability to you for any loss of profit, loss of business or business opportunity, or business interruption resulting from your use of our Site for any commercial or business purposes. As a consumer, you may have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from the Cayman Islands Judicial Administration, the Cayman Islands Monetary Authority, and the Cayman Islands Ombudsman. Nothing in these Terms and Conditions will affect these legal rights.
9. User Representations
- 9.1. Your Representations and Warranties. By using the Site, you represent and warrant each of the following (in addition to any other representations or warranties made by you in these Terms and Conditions):
- a. Any registration information you submit is and will be true, accurate, current, and complete;
- b. You will maintain the accuracy of your information and promptly update your registration if your information changes or as otherwise necessary;
- c. You have the legal capacity, and agree, to comply with these Terms and Conditions, including that you are at least 18 years old and will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
- d. You will not use the Site for any illegal or unauthorised purpose; and
- e. Your use of the Site will not violate any applicable law or regulation.
- 9.2. Misrepresentations. If you provide any information that is untrue, inaccurate, not current, incomplete, or misleading, we have the right to suspend or terminate your account and refuse any and all current or future access to and use of the Site (or any part of the Site).
- 10.1. Our Indemnity. You agree to defend, indemnify, and hold harmless us, our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including for reasonable attorneys’ fees, made by third party arising from any of the following:
- a. Your use of the Site, and any unauthorised use of any of your accounts or credentials to access and use the Site;
- b. Your breach of these Terms and Conditions or your representations and warranties in these Terms and Conditions.
- c. Your violation of the rights of any third party, including but not limited to intellectual property rights; or
- d. Any overt harmful act toward any other user of the Site.
- 10.2. Defence of Our Indemnity. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you indemnify us under these Terms and Conditions, and you agree to fully cooperate, at your expense, with our defence of any related claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it. Our indemnity under this Section 10 is in addition to, and not in lieu of, any other indemnities set forth in any other written agreement between us and you.
11. Term and Termination
- 11.1. Your Right to Not Use the Site. These Terms and Conditions will remain in full force and effect when you use any part of the or maintain any account through the Site. You may terminate your use or participation at any time, for any reason, by directing yourself away from the Site or following the instructions for terminating your account in your account settings on the Site, if available, or by contacting us at [email protected]. You can choose to voluntarily terminate your account with us by providing us with written notice, and, in doing so, you accept the following conditions:
- a. You are responsible for removing your digital assets from the account prior to close;
- b. Any digital assets or other items or information you leave in a closed account may not be able to be retrieved, and we disclaim any corresponding liability to you; and
- c. Your chosen user credentials will be locked, and you will not be able to use them again to create a new account.
- 11.2. Our Right to Restrict Access. Without limiting any other provision of these Terms and Conditions, we reserve the right, in our sole and absolute discretion and without notice or liability, to deny access to and use of the Site (including blocking certain IP addresses), to any person and for any reason, including but not limited to your breach of any representation, warranty, or covenant contained in these Terms and Conditions or violation of any applicable law or regulation. If we determine, in our sole discretion, that your use of the Site in any way breaches these Terms and Conditions, violates any applicable law or regulation, poses a security risk to our Site or any third party, or potentially subjects us or our affiliates to any third-party liability, then we may terminate your use of or participation with the Site or delete any of your accounts, User Content, or other information, without warning and at our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of your principal or other third party.
- 11.3. Our Right to Seek Redress for your Breach. If we determine that your use of the Site in any way breaches these Terms and Conditions, violates any applicable law or regulation, poses a security risk to our Site or any third party, or potentially subjects us or our affiliates to any third-party liability, then we also reserve the right to take appropriate legal action against you, including but not limited to pursuing civil, criminal, and injunctive redress, if and as applicable. We may investigate and prosecute violations of these Terms and Conditions to the fullest extent permitted by law. We may also notify and cooperate with law enforcement or other competent authorities in prosecuting violations of law or these Terms and Conditions.
- 11.4. Survival. Upon any termination of these Terms and Conditions under this Section 11, all provisions of these Terms and Conditions and its incorporated documents that by their nature should survive termination (including but not limited to Section 4 and Section 8 through 13) will survive, remaining in full force and effect.
- 12.1. Your consent to Electronic Communications. Visiting any component of the Site, sending us emails, and completing online forms are all considered forms of electronic communication. You consent to receiving electronically all notices, disclosures, agreements, and other communications from us concerning your use of the Site and your rights and obligations under these Terms and Conditions, and you agree that any means of electronic communication satisfies any legal requirement that our communication to you be in writing. To the extent permitted by law, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that may require an original signature or delivery or retention of non-electronic records, or for delivery of payments or electronic credits.
- 12.2. No Waiver. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
- 12.3. Our Right to Assignment. We may assign any or all our rights and obligations under these Terms and Conditions to any other person or persons at any time.
- 12.4. Severability. If any provision of these Terms and Conditions is deemed unlawful, void, or unenforceable by a court or tribunal of competent jurisdiction, then that provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of the remaining provisions.
- 12.5. No Partnership. There is no joint venture, partnership, employment, or agency relationship created between us and you as a result of these Terms and Conditions or your use of any part of the Site.
- 12.6. Choice of Law. These Terms and Conditions, their subject matter, and their formation (and any related non-contractual disputes or claims) are governed by the laws of the Cayman Islands. You and we both agree, subject to Section 13, to the exclusive jurisdiction of the courts of the Cayman Islands.
- 12.7. Enforcing Your Rights or Providing Notice. A person who is not a party to these Terms and Conditions will have no right to enforce any of these Terms and Conditions against us. To resolve a complaint regarding your use of the Site, or to receive further information regarding its use, please contact us using the contact details provided in clause 1.3.
- 12.8. Interpretation of Headings and Text. Section and clause headings used in these Terms and Conditions, and as they may be used in any other documents incorporated as part of these Terms and Conditions, are for ease of reference only. Headings are not binding and should not be interpreted together with the substantive provisions of these Terms and Conditions or any incorporated documents. Additionally, where the text of any provisions of or documents incorporated as part of these Terms and Conditions is bolded, you understand and agree that this text provides you with conspicuous notice and satisfies any legal requirement that notices, disclosures, or provisions be written in all capital letters.
13. Dispute Resolution and Arbitration
- 13.1. Agreement to Arbitration. You and Fantom both understand and agree that any claim or dispute arising under these Terms and Conditions or your relationship with Fantom (past, present, or future) will be finally settled exclusively by binding arbitration in accordance with the United Nation’s UNCITRAL Arbitration Rules (at https://uncitral.un.org/en/texts/arbitration/contractualtexts/arbitration), which are incorporated into these Terms and Conditions by reference.
- 13.2. Pre-Arbitration Procedures. You and Fantom mutually agree to attempt to resolve all disputes using good-faith and strive for a prompt, low-cost, and mutually beneficial outcome. Therefore, a party who intends to seek arbitration must first send to the other party a written Notice of Dispute (a “Dispute Notice”). Any Dispute Notice to Fantom must be sent to [email protected], and any Dispute Notice we send to you will be sent to the email address registered with your account or otherwise associated with your use of the Site and agreement to these Terms and Conditions. Dispute Notices must include each of the following: (a) the contact details of the party providing the Dispute Notice; (b) a description of the nature and basis of the claim or dispute; (c) an explanation of the specific relief sought, including the total damages sought, if any, and the basis for the damage calculations; (d) a signed statement from the party providing the Dispute Notice verifying the accuracy of its contents; and (e) if the dispute is from you and you have retained an attorney, then a signed statement from you authorising Fantom to disclose your account details to your attorney if necessary in resolving your claim or dispute. If an agreement is not reached to resolve a claim within 60 days after a notice of demand is received, then either party may commence an arbitration proceeding; except that, if either you or Fantom send the other an incomplete Dispute Notice, the 60-day period begins tolling only after a complete Dispute Notice is received. Additionally, if either you or Fantom request a telephone discussion, the 60-day period begins tolling only after the discussion has occurred. The statute of limitations and any filing fee deadlines will be tolled while the parties engage in required informal dispute resolution procedures.
- 13.3. Arbitration Procedures. Should any dispute proceed to arbitration, you and Fantom expressly agree that an arbitrator properly appointed under the UNCITRAL Arbitration Rules may issue all appropriate declaratory and injunctive relief necessary to ensure the arbitration and final settlement of disputes (but only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). You and Fantom agree to keep any arbitration strictly confidential. The properly appointed arbitrator will have the authority to order any remedies, legal or equitable, that a party could obtain from a court of competent jurisdiction in an individual case based on the claims asserted, and nothing more.