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TERMS & CONDITIONS

INTRODUCTION

We appreciate you visiting the Funoon website, which is operated and owned by FUNOON LTD under the name Funoon. This terms and conditions Document governs your access to and use of our website; including but not limited to, the creation, purchase, sale, exchange, or modification of digital assets; and our online and mobile services, and the software we provide with those services (collectively, the “Services”).

Additionally, this Service offers the functionality of selling and purchasing Digital Assets (as defined below) through auctions (“Auctions”). The detailed rules pertaining to the Auction process can be found on the Auction Rules page.

Using a bridge extension such as Meta Mask to link your digital wallets is the only way to participate in the Auction. MetaMask is an electronic wallet, which enables users to do transactions with Binance cryptocurrency by purchasing, storing, and managing it. You will be asked to download an electronic wallet extension supported by our website and connect and unlock your digital wallets with this extension before posting your unique digital asset for auction or placing an offer to purchase a unique digital asset from another user. The moment you submit a purchase or sale order for a unique digital asset, the transaction is passed to the appropriate extension, which completes the transaction for you.

Several digital assets are listed under the term “Digital Assets”, which are unique non-fungible tokens (NFT) developed on the Binance blockchain (the Binance Platform) using smart contracts.

Third-party electronic wallet extensions are used to facilitate and run all transactions through our services, and you agree to be bound by each extension’s terms of service and privacy policy. These terms apply to MetaMask and are available at (https://metamask.io/terms.html)  and (https://metamask.io/privacy.html)

Our role is the part of the platform; we are not a business, financial institution, or lender. Instead, Funoon is a platform for administrative purposes only. Funoon facilitates transactions between buyers and sellers in the auction, but it is not associated with any of the contracts between buyers and sellers of digital assets or between any users.

As a buyer, you bear full responsibility for verifying the authenticity and legality of assets purchased on Funoon. Despite the indications and messages requesting verification, Funoon makes no claims regarding the legitimacy, authenticity, or identity of any assets on the platform.

We sometimes need to describe new terms for specific services due to an increasing number of services. If you use those services, the additional terms and conditions will be part of your contract with us.

Please read these Terms and Conditions carefully because they affect your legal rights. Please be advised that these Terms include an arbitration agreement which will, with limited exceptions, require disputes between us to be submitted for binding and final arbitration. The arbitration agreement remains in effect unless you opt out:

  1. There will be no class or representative actions or proceedings where you may pursue claims against us; and you may only make claims against us on an individual basis, not as a plaintiff or class member;
  2. In waiving the right to a trial by jury, you are agreeing to individual arbitration as a means of resolving any dispute.

The moment you click on the “I Accept” button, complete the Account Registration Process, use our services, and/or purchase Digital Assets, you agree to be bound by these Terms. If you do not agree to these Terms, you cannot access the service-related features or buy Digital Assets.

As to these Terms, we reserve the right to change them at the sole discretion of Funoon. Whenever we change these Terms, we will send a notification to you in advance via email, provide notice through the Service, or update the “Last Updated” date at the top of these Terms. Your continued use of the Service signifies your acceptance and agreement to all terms and conditions in the revised Terms and those incorporated herein by reference. Make sure you regularly review the Terms for the Service to ensure that you comply with them whenever you access or use it. To access or utilize the Service, you must agree to the revised Terms.

PRIVACY POLICY

Our Privacy Policy describes how personal information about you is collected, used and shared.

ACCOUNT REGISTRATION AND COMMUNICATION PREFERENCES

  1. The Service requires that you register for an account before you can participate in an auction for digital assets. Once you create an account, you agree to the following terms.
    1. Make the account information you provide about yourself accurate, current, and complete,
    2. Ensure that the information on your Account is kept up to date, as necessary,
    3. Accept all risks of unauthorized access to your Account and the information you provide to us, including maintaining the confidentiality of your password.
    4. Any security breaches you discover or otherwise suspect related to the Service, or your Account, should be immediately reported to us. Our system will block multiple accounts belonging to the same individual. By agreeing to these terms, you agree not to: create another account if you had one unless you have our written permission to do so; sell, lease, rent or share your Account and username without Our consent; share your Account password with anyone; login or attempt to log in by unauthorized third-party clients or applications.
  1. The Funoon team may require you to provide additional information and documents if requested by any competent authority or under any applicable law or regulation, including laws relating to counter-terrorism financing or anti-laundering laws. Furthermore, Funoon may ask you for more information or documents if it has reasonable grounds for believing:
    1. Money laundering or any illegal activity is taking place on your account.
    2. Your identification and other details have been concealed or reported falsely; or
    3. You committed a breach of these Terms when you conducted transactions through your Account.
    4. Whether Funoon delays or cancels your Auction transactions in this scenario depends on whether additional information and documents have been reviewed by Funoon and determined to satisfy applicable laws. Funoon may refuse to provide you with the Content if you do not provide complete and accurate information and documents.
  1. When you create an Account, you agree to receive electronic communications from Funoon (for example, by email or notices posted on the Service). Your Account may be impacted by these communications (e.g., password changes, transactional notices) and they are part of our relationship with you. Basically, our electronic communication with you will satisfy any legal requirements for communication, like being in writing including, but not limited to, notices, agreements, disclosures, and other communications. If we send you electronic communications, please print a hard copy or save an electronic copy of the communication. Email promotions may also be sent, including, but not limited to, newsletters, special offers, market research, and other news we think will be of interest to you. The instructions for unsubscribing that can be found in these emails will allow you to discontinue receiving these promotional emails at any time.
  2. Our Privacy Policy applies to all personal data that you submit through the Site or Services, and you expressly consent to our collection, use, and disclosure of such data in accordance with that Policy.
  3. The customer is responsible for supplying all equipment and software necessary for connectivity to the Service and services, including but not limited to, a mobile device that can connect to the Service and using its services, where the Service provides a mobile component. The fees you incur when accessing the Service, including Internet or mobile access fees, are solely your responsibility.
  4. However, Funoon or its affiliates or a third party may provide any software components provided in the Service or Content that have their own license terms; in such cases, those license terms will apply to such software components. For example, clicking the details button on any of the Digital Assets sold through our marketplace will take you to the website where such Crypto Asset was first listed. You might find license terms on these websites. You are required to comply with such terms if you purchase a Crypto Asset from our marketplace.
  5. Please see the Auction Rules page for more information about how to participate in the Auction.

OWNERSHIP

  1. If no other instructions are provided by us in writing, the Service and all material on it, such as the Funoon logo, information, data, sound files, pictures, software, graphics, files, and the arrangements thereof (collectively, “Content”) are owned and controlled by Funoon, its affiliates, licensees or users.
  2. No matter what these Terms state, Funoon and its affiliates, or a third party, may provide software components that are covered by different license terms, in which case they will be governed by those license terms.
  3. If you wish to copy, imitate, or use the Funoon logo, our product or service names, logos, or slogans on the Service or Service, you must request our permission first. The use of any metatags or any other forms of “hidden text” that utilize “Funoon” or any other names, trademarks, products, or services of Funoon or our affiliates is strictly prohibited without our written permission. Moreover, Funoon’s design, including all headers, custom graphics, button icons, scripts, and other elements forming the look and feel of Funoon constitutes the service mark, trademark, or trade dress of Funoon, and may not be copied or imitated without authorization. Funoon names, logos, registered trademarks, product names, and trademarks of other companies or organizations appearing on this site are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the authorization of said owners. By using a product, service, process, manufacturer, supplier or other information, it cannot be viewed as a recommendation, endorsement, or sponsorship.

LICENSE TO ACCESS AND USE OUR SERVICE AND CONTENT

Access and use of the Service and Content are granted on a limited, nonexclusive, nontransferable, non-sublicensable, and personal basis; provided, however, such license is conditional upon these Terms and does not include the right to do the following: (a) resell, resell, or exploit the Service for commercial purposes, (b) distribute, display or perform the Content publicly, (c) modify, create derivative works of, or exploit any part of the Service or Content, (d) extract data using robots or any other similar techniques, (e) Unless we specifically permit it, you do not have permission to download or copy any portion of the Service or Content, and (f) not to use it for any purpose other than its intended function.

HYPERLINKS

If you do not use the Service for commercial purposes, you may create a text link to the Service, so long as the link does not depict Funoon or our affiliates or any of our products or services defamatorily, and that the linking site presents no adult or illegal material and no offensive, harassing, or otherwise objectionable material. Revocation of this limited right is possible at any time. Funoon does not permit you to use its logo or other proprietary graphics to link to the Service or Content unless we have expressly approved the link. Funoon trademarks, logos, or other proprietary information, including images found on the Service, the text within any page, or form within any page of the Service, may not be framed or manipulated using framing techniques, without our expressed written consent.

THIRD PARTY SERVICES

It is possible for the Service to access third-party websites (“Third-Party Websites”), as well as applications (“Third-Party Applications”). Our Service does not warn you when you leave our Service by clicking on a link to a Third-Party Website or Application, so you will be subject to the Terms and Conditions (including data collection policies) of the destination. Funoon does not have any control over Third-Party Websites and Third-Party Applications. Funoon undertakes no responsibility for any Third-Party Websites or applications. As a result, Funoon does not review, approve, monitor, endorse, guarantee, or demonstrate any affiliation with Third-Party Websites, Third-Party Applications, or the businesses represented by them. Third-Party Websites, Third-Party Applications, and all links on them are used at the user’s own risk. These Terms and policies do not apply after you depart our Service. Any Third-Party Website or Third-Party Application, including its privacy and data collection policies, should be reviewed before any transaction is executed with a third party and you should perform whatever investigation you think is necessary or appropriate before doing so.

USER CONDUCT

It is your sole responsibility not to violate any law, contract, intellectual property or other third party rights, and to conduct yourself responsibly when accessing or using the Service or participating in the Auction. By accepting these Terms, you agree not to:

  1. Falsely or misleadingly provide information to Funoon;
  2. Without the written authorization of the other user and Funoon, you cannot use another user’s account;
  3. Create counterfeit items or list them for sale;
  4. Violate our Corporate and Governance Policy
  5. Violate our Ethical Governance Policy
  6. Breach the Ethical Screening and Community Guidelines
  7. Creating a misleading username or posing as someone else;
  8. By any means which could disrupt, negatively affect, or inhibit the use of the Service by other users, or which could damage, disable, overburden, impair or disable the functioning of the Service in any form;
  9. Use an API in a way that can damage, harm, or impair the service, or to develop, use, or disseminate software that can harm it;
  10. Do anything that might lead to discovering possible source code for the Service, or bypass or circumvent maintenance or access controls that limit access to the Service;
  11. To circumvent the content-filtering techniques we use to prevent you from accessing the Service or the areas of the Service which you are not authorized to access;
  12. Automated methods, such as robots, spiders, crawlers, scrapers, scripts, browser extensions, offline readers, or any other automated means or interface, or use any automated mechanism that interferes or modifies the rendering of Service pages or functionality, unless we have authorized it;
  13. In contact with individuals, companies, or other entities using information collected from our Service;
  14. Any direct marketing activity with the data collected from our Service (including, but not limited to, email marketing, SMS marketing, telemarketing, and direct marketing);
  15. Any automated access to the Service that is controlled by instructions is bypassed or ignored;
  16. Engage in or encourage any activity that violates these Terms or uses the Service for any illegal or unauthorized purpose;
  17. Engage in any illegal activity using Binance, including money laundering and terrorist financing, or engage in activities designed to affect the Binance Platform or Service negatively;
  18. Engage in dishonest or manipulative trading tactics;
  19. Misleadingly place a bid or offer;
  20. The posting of spam listings in an attempt to get them to appear at the top of search results;
  21. Use any actions to artificially increase counts of views, favorites, volume, or other metrics that Funoon might measure to sort search results;
  22. Use the Service to conduct any financial activity requiring registration or a license, including but not limited to buying, selling, or listing securities, commodities, options, real estate, or debt instruments ;
  23. Utilize the Service from a country that does not comply with United Kingdom sanctions; or
  24. Engage the Service to assist you in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or purchasing virtual assets convertible into financial instruments, assets that entitle their holders to participate in ICOs or securities offerings, or assets that provide them with financial rewards, including but not limited to DeFi yield bonuses, staking bonuses, and burn discounts.

The Funoon marketplace brings buyers and sellers together. A major value of ours is openness, and we aim to provide a platform for a wide variety of discordant content to be exchanged. Our policies establish a marketplace that promotes trust and respect, as well as compliance with the law while offering the widest possible selection of assets.

A worldwide community of users of a radical new technology often exercises judgment in allowing or disallowing certain assets, listings, smart contracts, and collections. Funoon always strives to respect the spirit of openness of this community. As soon as we find inappropriate assets, listings, smart contracts, and collections or are notified of them, we carefully evaluate them against our policies before deciding whether to remove them.

The Funoon site prohibits the listing, smart contract, and collection of assets, listings, and smart contracts Funoon deems unauthorized, disruptive, or illegal. Any listing on Funoon can be removed at any time if it has been determined inappropriate. If you create an asset, listing, smart contract, or collection in violation of these policies, we may take appropriate corrective action, including but not limited to removing such assets, listings, smart contracts, and collections, and permanently deducting referral fees and developer revenue-sharing fees. Even though Funoon cannot evict or impound your digital assets, we reserve the right to delete any metadata deemed inappropriate.

The metadata included in assets, listings, smart contracts, and collections that violates both international and UK intellectual property laws, encourages self-harm or suicide, incites violence or hatred against others, is sexually explicit, denigrates another person, portrays minors in suggestive situations, or is otherwise illegal in the UK will not be permitted on Funoon.

The use of assets, listings, smart contracts, and collections primarily or substantially for funds raising on Funoon is prohibited for known terrorist organizations listed on GOV UK website.

Using Funoon to purchase stolen, converted, fraudulently acquired, or illegally obtained assets is prohibited. Your listings may be canceled, your assets hidden, or your account suspended because of listing illegally obtained assets.

You should immediately contact Funoon at info@funoon.io if an asset listed on Funoon appears to have been illegally obtained. You should include the assets’ ID, contract address, and evidence proving they were obtained illegally. Funoon will review your claim within 72 hours and reply to you as soon as possible. Our team will hide or disable the trade of the stolen asset if we determine that it is stolen based on the evidence.

You must be 18 years of age or older to use our service. Using a parent or guardian’s Funoon account is possible for you if you are under 18, but only if you have the account owner’s assistance. However, the account owner will still be responsible for all activities that take place on the account.

Funoon along with Amanah Advisor have developed an ethical-screening criteria. The Funoon Marketplace seeks to host digital assets which add value to people’s lives and bring benefit, such as:

  1. Educational content
  2. Motivational content
  3. Inspirational content
  4. Spiritual content
  5. Cultural content

The following types of digital assets will not be permitted onto the Funoon Marketplace.

  1. Promoting and representing any unethical financial practices
  • Interest-based lending and borrowing
  • Gambling
  • Unethical trading
  1. Promoting or representing alcohol, intoxicants, and unlawful substances.
  2. Offensive representations and offensive comments to any faith or any faith-related value.
  3. Depiction of sacred personalities.
  4. Sexualized content.
  5. Immodest content which reveals the private body areas of males and females.
  6. Promoting/representing anti-social behavior.
  7. Promoting/representing ideas and concepts that do not align with the Islamic values.
  8. Unethical audio.
  9. Anything incongruous with the values of Funoon.

When you learn that assets have been created, listed or purchased in violation of these terms, please contact us right away. Creators must notify Funoon of collections, contracts, and assets that violate these terms.

USER INFORMATION AND COPYRIGHT

The use of the Services and the User Information you provide are your sole responsibility, including compliance with applicable law, rules, and regulations. We are not responsible for any User Information posted or listed through the Services.

If you submit, post, or display any User Information through the Services, you retain the right to do so.

When you submit, post, or display content via the Services, you give us permission to use, copy, modify, display, and distribute all the data, text, files, communications, suggestions, comments, feedback, ideas, concepts, questions, or other content you post or submit on the Services or through our tools or apps (collectively “User Information”) for our lawful business purposes, including providing, promoting, and improving the Services.

In no event does Funoon claim ownership or resale rights in your User Information resulting from you submitting, posting, or displaying it on or through the Services. We don’t mean to imply that we own it or are reselling it. Our only intention is to show it off from a marketing perspective.

For any User Information that you submit, post, or display on or through the Services, you represent and warrant that you own, or have obtained all the rights, licenses, consents, permissions, power, and/or authority that are necessary to grant the rights granted herein. If such User Information contains material protected by copyright or other proprietary rights, you agree not to post the material unless you have received the necessary permissions or are otherwise legally permitted to do so, as outlined above.

Content may be removed by Funoon without notice. The Company terminates the access of repeat violators to the Services and will remove any works in response to formal infringement claims.

If your content has been copied in a manner that constitutes copyright infringement, you are asked to contact our copyright department at:

Funoon Ltd
Kemp House
160 City Road
London
EC1V 2NX
United Kingdom
copyright@funoon.io
The following information must be included in an infringement claim:
  1. The written communication should be addressed to the above-described department;
  2. Authorizing signature (electronic or physical) of a true representative of the copyright owner;
  3. Instance(s) of allegedly infringing copyrighted works;
  4. The identification of the allegedly infringing material, reasonably sufficient to allow the location of the material to be determined;
  5. An adequate amount of information to be able to contact the complaining party. You may provide an address, a phone number, an email address, or some other method of contacting you;
  6. The complaining party believes that the use of the material in the way complained of does not comply with the copyright owner’s or its agent’s authorization, or with the laws of the country; and
  7. Under penalty of perjury, the complaining party must certify that the information in the notice is accurate and that he or she is authorized to act on behalf of the copyright owner.

You may report any use of your likeness that infringes on your personal rights. Contact our designated department by calling:

Funoon Ltd
Kemp House
160 City Road
London
EC1V 2NX
United Kingdom
copyright@funoon.io

In formal claims related to content on the Services, the following information must be provided:

  1. The written communication should be addressed to the above-described department;
  2. Authorizing signature (electronic or physical) of a true representative of the copyright owner;
  3. The identification of the allegedly infringing material, reasonably sufficient to allow the location of the material to be determined;
  4. An adequate amount of information to be able to contact the complaining party. You may provide an address, a phone number, an email address, or some other method of contacting you;
  5. The complaining party believes that the use of the material in the way complained of does not comply with the copyright owner’s or its agent’s authorization, or with the laws of the country; and
  6. Under penalty of perjury, the complaining party must certify that the information in the notice is accurate and that he or she is authorized to act on behalf of the copyright owner.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Funoon, 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 “Funoon Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, 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 Service, User Information or Digital Assets, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party, including another user or MetaMask. Upon receiving a third-party Claim, you must promptly notify Funoon and co-operate with the Funoon Parties in defense of the Claim. As part of this agreement, you agree that the Funoon Parties will be responsible for defending and settling any third-party claims. You and Funoon have agreed to this indemnity in addition to any other indemnities spelled out in a written agreement.

DISCLAIMERS

Except as expressly provided to the contrary in a writing by Funoon, the service, content contained therein, and digital assets listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. Funoon (and its suppliers) make no warranty that the service: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. Funoon disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement as to the service, content contained therein. Funoon does not represent or warrant that content on the service is accurate, complete, reliable, current or error-free. We will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained on the service. While Funoon attempts to make your access to and use of the service and content safe, Funoon cannot and does not represent or warrant that the service, content, any digital assets listed on our service or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. You accept the inherent security risks of providing information and dealing online over the internet and will not hold us responsible for any breach of security unless it is due to our gross negligence.

We will not be responsible or liable to you for any loss and take no responsibility for, and will not be liable to you for, any use of digital assets, including but not limited to any losses, damages, or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access to applications; (e) any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the service or digital assets.

Crypto assets are intangible digital assets. They exist only by virtue of the ownership record maintained in the Binance network. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the Binance platform. We do not guarantee that Funoon or any Funoon party can affect the transfer of title or right in any digital assets.

Neither Funoon nor its representatives are liable for losses incurred due to vulnerabilities, failure, abnormal behavior, or other characteristics of the Digital Assets (e.g., wallets, smart contracts). Funoon is not responsible for fund losses caused by late reporting or non-reporting by developers/representatives of issues related to the chain of the Digital Assets – including forks, technical node issues, and any other issue that is causing fund losses.
Any other activity that cannot be limited or excluded by legitimate means is excluded or limited by the Terms, including, but not limited to, fraud, death or bodily injury caused by negligence, violation of laws, or any other activity in violation of our policies.

In some jurisdictions, implied warranties in contracts with customers may not be able to be excluded, so the above exclusion may not apply to you.

ASSUMPTION OF RISK

You accept and acknowledge:
  1. In the blockchain asset market, prices are extremely volatile. Digital Assets are also subject to significant price volatility, and fluctuations in the prices of other digital assets could affect them materially and adversely. Digital Assets are not guaranteed not to lose money.
  2. Taxes on Digital Assets should be determined based on your individual circumstances. Crypto Asset transactions are not subject to any taxation by Funoon or any other Funoon Party.
  3. Digital Assets are not stored, sent, or received by our Service. It is for this reason that Digital Assets only exist because of the ownership record maintained on the blockchain that supports them. Crypto Asset transfers are performed on the supporting blockchain, and not through this service.
  4. A currency based on the Internet comes with a variety of risks, including but not limited to, the risks associated with hardware, software, and Internet connections, as well as the risk of introducing malicious software and having third parties gain unauthorized access to your wallet. It is understood and accepted that Funoon will not be liable to you for any failures of communications, disruptions, errors, distortions, or delays in the use of the Digital Assets, regardless of the cause.
  5. If there is not widespread public interest in creating and developing distributed ecosystems, it could negatively impact that development and therefore affect the potential utility or value of digital assets.
  6. In the current regulatory climate, blockchain technologies, cryptocurrencies, and tokens are uncertain, and new policies or regulations could adversely affect the development and utility of Digital Assets and the Auction &/or Service.
  7. As part of the service, third-party platforms such as MetaMask will be used to facilitate the auctioning of digital assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms lose market share or falls out of favor or is unavailable for a prolonged period, access to and use of the Service will suffer.
  8. When purchasing user-generated content, there are risks associated with it, such as the risk of purchasing counterfeit content, mislabeled content, and content that is vulnerable to metadata decay, smart contracts that contain bugs, and content that is untransferable. If any of these problems or other issues affect collections, contracts, or assets at Funoon, Funoon reserves the right to hide them. If this occurs, you may not be able to access your Funoon assets. If you are unable to access your assets on Funoon, you cannot make a claim against Funoon.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will Funoon be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms, the service, products, or third party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable and even if Funoon has been advised of the possibility of such damages. Access to, and use of, the services, products, or third-party sites and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.

Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of Funoon arising out of or in any way related to these terms, the access to and use of the service, content, digital assets, or any products or services purchased on the service exceed the greater of equivalent (a) £100 or (b) the amount received by Funoon from the sale of digital assets that are the subject of the claim.

The foregoing limitations of liability shall not apply to liability of Funoon for (a) death or personal injury caused by a member of Funoon’s negligence; or for (b) any injury caused by a member of Funoon’s fraud or fraudulent misrepresentation

The limitation or exclusion of incidental or consequential damages may not apply to you in some jurisdictions because they do not allow the exclusion or limitation. This limitation may also not apply to personal injury claims involving consumer products, as some jurisdictions limit disclaimers or limitations of liability for consumer products.

MODIFICATIONS TO THE SERVICE

Any changes to, or suspension, or discontinuance of, the Services (or any features or parts thereof) or the Auction may be made at any time and without notice.

DISPUTE RESOLUTION; ARBITRATION.

  1. Dispute Resolution. In this section, you will find the arbitration agreement (“Arbitration Agreement”). As a result of the Agreement, disagreements with Funoon must be settled through arbitration, and we can only offer limited relief.
  2. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Funoon, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Funoon may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
  3. Arbitration Rules and Forum. Interpretation and enforcement of this Arbitration Agreement are governed by the Arbitration Act 1996.
  4. Authority of Arbitrator. It shall be the exclusive jurisdiction of the arbitrator to determine (a) its scope and enforceability, and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Funoon. There will be no consolidation of the arbitration proceedings with any other proceedings or cases. A motion dissolving the entire claim may be granted by the arbitrator. If applicable law, the arbitral forum’s rules, and/or the Terms (including the Arbitration Agreement) allow it, the arbitrator has the authority to award monetary damages and other non-monetary remedies. Arbitrators must issue written arbitration awards and statements of decision that summarize the findings and conclusions upon which the award is based, including the calculation of damages. Like the authority a judge would have in a court of law, the arbitrator also has it to award relief on an individual basis. You and I both bind ourselves to the award.
  5. Waiver of Jury Trial. A person or entity may not sue or have a trial in front of either a judge or jury, by virtue of constitutional or statutory rights. Rather, Funoon and you agree that all disputes arising under this Arbitration Agreement will be resolved by arbitration. In the same way that a court would rule on damages and relief, an arbitrator can issue individual awards and must abide by these Terms. A court can only review the award of an arbitrator with very limited authority, as there is no judge or jury in arbitration.
  6. Waiver of Class or Other Non-Individualized Relief. This Arbitration Agreement requires that all claims and disputes be arbitrated individually, not collectively, and there can be no class or collective relief available. Customers or users cannot consolidate or arbitrate their claims with those of others. If a decision is issued stating that any of the limitations contained in this subsection are not potentially enforceable, the claim must be severed from the arbitration and brought to a court. Any other claims will be arbitrated.
  7. 30-Day Right to Opt-Out. If you no longer wish to be bound by this Arbitration Agreement must be notified, no later than 30 days from when you were the first subject to the Arbitration Agreement. If you wish to opt-out of this Arbitration Agreement, you must include your name, address, email address, as well as an unequivocal statement stating your wishes. The rest of these Terms will apply to you regardless of whether you accept or reject this Arbitration Agreement. You cannot opt-out of this Arbitration Agreement if you already have, or enter, any other arbitration agreements with us.
  8. Severability. A part or parts of this Arbitration Agreement will not be effective or enforceable, except as set forth in this Section. A part or parts of this Arbitration Agreement will then cease to be of force and effect, and the remainder of the Arbitration Agreement will be in full force and effect.
  9. Survival of Agreement. Funoon will be bound by this Arbitration Agreement even if your relationship with the company ends.
  10. Modification. Regardless of any provision in these Terms to the contrary, Funoon agrees that if a material change is made to the Arbitration Agreement, you have thirty (30) days from the date of the change to reject that change by writing Funoon at the following address: Kemp House, 160 City Road, London, EC1V 2NX, United Kingdom.

GOVERNING LAW AND VENUE

In addition to these Terms, your access to and use of the Auction, and any related disputes between you and us will be governed by and construed and enforced according to UK law, without giving effect to any conflict of laws rules, or principles that would otherwise result in the application of the laws of any other jurisdiction. UK law shall have exclusive jurisdiction to resolve any dispute between the parties not subject to arbitration or not eligible for small claims court trials.

TERMINATION

No matter what we state in these Terms, we reserve the right to stop providing you access to the Service at any time without notice, and for any or no reason whatsoever. In such an event, we shall have no liability or obligation to you, and upon such event, you agree to the exclusion of any right to a refund of any amounts that have been paid to us and acknowledge that you agree we shall be under no liability or obligation to you.

SEVERABILITY

Unless otherwise specified, any term, clause, or provision of these Terms will be severable from these Terms, and the invalidity or unenforceability of the remaining portions of those provisions or all other provisions will not affect the validity or enforceability of the remainders of those provisions.

SURVIVAL

If these Terms, or your Account, are terminated, then the following sections will survive: Privacy Policy, Account Registration and Ownership, User Conduct, User Information and Copyright, Indemnification, Disclaimers, Assumption of Risk, Limitation of Liability, Dispute Resolution and Arbitration, Governing Law and Venue.

MISCELLANEOUS

You agree that these Terms and the Auction Rules comprise the entire understanding between you and Funoon regarding the availability and use of the Services and Content and your participation in the Auction. If you wish to transfer or assign your rights or licenses under these Terms, you must request prior written consent from us in any prior, concurrent, or subsequent circumstance, and Funoon’s failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If these Terms do not otherwise provide for a third-party beneficiary, these Terms are intended solely for your benefit and that of your affiliates.