PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY GOVERN YOUR USE OF THE FNC TOKEN
These terms of use are entered into between you (hereinafter referred to as “you” or “your”), as a Token Holder and, on the other side, and the Company (hereinafter referred to as “us” or “we”).
Acceptance of Terms. By using our Token, you fully acknowledge that you have read, understood, and accepted to be bound by these terms and conditions, which shall form a legally binding agreement between you and the Company (hereinafter referred to as "Terms").
Additional Terms. When you decide to access, test or use specific features described or available on the Platform, you may be subject to specific additional terms and conditions that will be displayed in the corresponding section and must be accepted before accessing those features.
About FNC Network. FNC Network is a blockchain-based ecosystem designed to integrate decentralized applications and services through its native token, FNC. It incorporates artificial intelligence, gaming platforms, and cryptocurrency-based solutions to enhance functionality and user engagement. The network emphasizes transparency, accessibility, and technological innovation, providing a secure and adaptable environment for both individuals and businesses.
The FNC Token is the core of the ecosystem, facilitating transactions, staking, and rewards across various applications. Its tokenomics model supports equitable distribution among participants, developers, and holders, ensuring long-term sustainability and liquidity within the network.
Contact Us. Should you have any queries regarding our Services, please do not hesitate to contact us at [email protected].
Definitions (a-z)
| “Applicable Law” | any binding legal provision, including but not limited to laws, statutes, regulations, codes, ordinances, norms, court decisions, orders, decrees, or any other normative or administrative acts, decisions, requirements, recommendations, interpretations, or applications by a public authority in British Virgin Islands, or any other public authority, regardless of whether it has a binding effect. |
| ”Authority” | means any statutory governmental, judicial, or other authority or any of them or any of their authorized representative; |
| ”Blockchain” | is a system of recording information, in a way that makes it difficult or impossible to change, hack, or cheat the registered data and the system, in general using cryptography and being duplicated and distributed across the entire network of computer connected on the blockchain; |
| ”Cases of force majeure” | represents extraordinary events or circumstances which neither Party could have foreseen or prevented by reasonable means, including but not limited to natural disasters, war, revolution, uprising civil insurrection, acts of terrorism, expropriation, nationalization, nuclear explosion, radioactive or chemical contamination or ionizing radiation, except lack of funds, which will not be a Force Majeure Case; |
| “Company” | it is a reference to Funcy Digital Inc., a company incorporated under the law of British Virgin Islands, headquartered at Bethel House 4749, Road Town, Tortola, British Virgin Islands; |
| ”Crypto - asset” | means a digital asset in which transactions are verified and records maintained by a decentralized system using cryptography named blockchain, rather than by a centralized authority, including but not limited to the Token; |
| “Ecosystem” | refers to the broader environment and set of interactions surrounding FNC Network project. This encompasses components and dynamics involved in the Platform, project's deployment, operation, usage on the Blockchain, Token, etc. |
| “Electronic Wallet” | means the technical solution that allows a user to store, send or receive Crypto – assets or other digital assets by using Blockchain infrastructure. Each Electronic Wallet has a Public Address to which is assigned a unique Private Key. |
| “Gas fee” | refers to the fees charged by the Blockchain infrastructure for performing and validating a transaction; generally, fees are charged in the Crypto - assets used by each Blockchain for performing transactions; |
| ”Platform” | means the technical infrastructure under development by the Company as described on the https://fnc.bar/ website. |
| “Private Key” | refers to a confidential alphanumeric cryptographic code, uniquely associated with an Electronic Wallet, enabling its holder to access and control the associated digital assets or perform secure transactions on a Blockchain or other digital platforms. |
| ”Public Address” | means the sequence of characters (letters and numbers) that identifies an Electronic Wallet; |
| “Recovery Phrase” | means the specific sequence of words generated by the Blockchain infrastructure, when initiating an Electronic Wallet allowing the user the possibility to re-access / re-configure their Electronic Wallet, with the observance of the conditions imposed by the Electronic Wallet service provider. |
| FNC Token” or ”Token” | means the utility Crypto - assets type ERC - 721 issued by the Company using the Polygon Blockchain infrastructure and which provides access to the Services, subject to these Terms; |
| “Services” | any utilities or functionalities of the Token assigned by its issuer; this shall not include other utilities, functionalities, attributes, etc, assigned by third - parties; |
| ”Token Holder” | means any person who owns or otherwise uses the Token; |
| “Whitepaper” | means the documentation elaborated by the Issuer that contains information related to the Token, such as utilities, tokenomics, description of the Ecosystem, etc. |
No Warranties. Each user understands and fully assumes that (i) any third - party, may try to establish partnerships with different technical infrastructures for implementing use cases for the Token, such as accessing or acquiring services and features, thus other terms & conditions may be applicable in such cases and (ii) we and/or our affiliates do not guarantee or provide any kind of assurances with regard to the value/specific functionality/utility of the Token.
Investment Advice. The information provided on the Platform is for informational purposes only. It should not be construed as investment advice, and Token Holders are encouraged to conduct their own research and due diligence before participating in any transactions related to the Token.
Volatility Warning. Token Holders acknowledge and accept the inherent risks associated with participating in the Crypto – assets market, including but not limited to Token price volatility, liquidity risks, and potential loss of value.
Regulatory Compliance. Token Holders are responsible for ensuring compliance with all Applicable Laws, regulations, and guidelines, including but not limited to anti-money laundering (AML) and know-your-customer (KYC) requirements. The Company does not provide legal advice, and Token Holders should seek independent legal counsel regarding regulatory compliance.
Technical Risks. Using Internet-based assets (such as Crypto – assets) carries risks, such as potential hardware, software, and internet connection issues, as well as the risk of malware and unauthorized access to wallet information. You understand and agree that the Company is not liable for any communication failures, disruptions, errors, distortions, or delays during your use of the Services, regardless of the cause.
Token Ownership. Under no circumstances, acquiring or owning any Tokens does not involve or implies the purchase of or transfer of ownership over shares, securities exchangeable into shares or any equivalent in any existing or future public or private company, corporation, or other entity in any jurisdiction.
No Security. To the best of our knowledge, the Token is not intended to serve as, or be used as, a financial instrument (as defined under the international and national legislations), and as a result, it has not received approval from any international or national authority.
The Token is not intended to constitute a financial derivative, commercial paper, speculative investment or negotiable instrument, digital currency, security, investment contract, commodity interest or underlying for a derivative transaction or a unit of an Alternative Investment Fund or any financial instrument and therefore the existing financial market rules, in particular MIFID II and the EU Prospectus Ordinance EU 2017/1229 do not apply.
Regulatory Adaptions. Whenever during the use of the Services, any applicable legal provisions, whether national or international, that may either modify, extend, suspend or cease any the legal regime with regard to the Crypto - assets and Blockchain industry that will enter into force, as to the relevant jurisdiction for the scope of these Terms, the Token Holder acknowledges that we will be required to observe and confer full effects to such new legal requirements and, if necessary, we will have to amend certain aspects of the Services in order to abide by such provisions. Nevertheless, should any future provisions of law will determine us to stop providing any good or service contemplated herein, or to modify the performance of any obligation thus incurred, we shall be hold entirely harmless towards the Token Holder/s under all theories of liability for any material damages that the latter may or would intend to claim in this connection.
Purpose. The Token is intended to facilitate access to and utilization of Services offered within the Platform and Ecosystem as described within the Token documentation (e.g. Whitepaper) published on the Platform.
Token Functionality. The FNC Token is a digital asset designed mainly for use within the Platform and the Ecosystem. FNC Token serve multiple roles within the ecosystem, allowing Token Holders to unlock premium gaming features, participate in tournaments, earn rewards, and access exclusive functionalities such as AI-driven insights, advanced health tracking, and personalized productivity tools as well as other utilities outlined in the Whitepaper.
Token Documentation Updates. The Token Holder acknowledges that the Company reserves the right to periodically update the documentation (e.g. Whitepaper) pertaining to the Token, which may include modifications to token metrics, issuance/supply plans, utilities or other aspects as deemed necessary for business requirements. Upon publication of such updates on the Platform, the Token Holder shall be considered to have reviewed and accepted the contents of the revised documentation.
Eligibility. In order to be afforded the chance to use the FNC Tokens, each Token Holder must:
be at least 18 years of age;
duly comply with these Terms and any applicable laws and regulations of any state, especially anti – money laundering and PEP legislations;
own a compatible Electronic Wallet;
not be a part of or act on behalf of or be related in any way with terrorists or terrorist organizations, including those persons or entities that are subject to U.S., EU, OECD or other applicable sanctions or embargoes, e.g. the List of Specially Designated Nationals and Blocked Persons maintained by the US Treasury Department's Office of Foreign Asset Control (“OFAC”);
not be a resident in any jurisdiction excluded by the Company in the KYC process in particular: Afghanistan, Albania, Algeria, Angola, Argentina, Armenia, Azerbaijan, Bahrain, Bangladesh, Barbados, Belarus, Benin, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, China, Chile, Colombia, Comoros, Congo (Democratic Republic of), Congo (Republic of), Croatia, Cuba, Djibouti, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Gibraltar, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iran (Islamic Republic of), Iraq, Ivory Coast, Jamaica, Jordan, Kazakhstan, Kenya, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Lesotho, Liberia, Libya, Madagascar, Malawi, Malaysia, Maldives, Mali, Mauritania, Mexico, Moldova, Mongolia, Montenegro, Morocco, Mozambique, Myanmar (Burma), Namibia, Nepal, Nicaragua, Niger, Nigeria, North Korea (Democratic People’s Republic of Korea), North Macedonia (Republic of), Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Philippines, São Tomé and Príncipe, Senegal, Serbia, Sierra Leone, Solomon Islands, Somalia, South Africa, South Sudan, Sri Lanka, Sudan, Suriname, Swaziland (Eswatini), Syria, Tajikistan, Tanzania, Thailand, Timor-Leste (East Timor), Togo, Trinidad and Tobago, Tunisia, Turkmenistan, Uganda, United States of America, Uzbekistan, Vanuatu, Venezuela, Vietnam, Yemen, Zambia, Zimbabwe;
not be a citizen of the United States of America.
Restrictions. Depending on your country of residence, incorporation, or registered office, you may not be able to access or use any of the Services. It is your responsibility to follow the rules and laws in your country of residence and/or country from which you are interacting with our Services and/or the Token.
Business Jurisdiction. We have the right to choose the markets and jurisdictions wherever it finds appropriate to conduct the business, and may restrict or refuse, in its discretion, the provision of Services in certain countries or regions.
Scope of Services. The Token Holder acknowledges that the Token is envisioned to provide access only to the Services conceived in relation to the Platform and the Ecosystem, as described throughout these Terms.
Services may occasionally be accessed through separate third-party websites or platforms, in which case those Platform's own policies, limitations, and terms & conditions will fully apply to those services.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we are not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
Henceforth, under no circumstances should we be considered liable or a party to any business relationship/Agreement concluded between any person and the third-party providing services in connection with the Tokens, even those services promoted or displayed on the Platform.
We may propose or accept to organize different Campaigns for different purposes, such as marketing Campaigns (Giveaways, Airdrops, Bounty) or economic Campaigns for supporting the integrity of the ecosystem’s economy (Locking Token Campaigns).
Campaigns may be directly organized through the Platform, where those Terms and other specific Policies will be applicable, or through third party’s services, where the Campaigns will be fully governed by their terms & conditions.
We are not responsible to any advertising campaigns which is not directly and fully conducted by us, even if those advertising campaigns are displayed on the Platform or can be accessed through external links/hyperlinks available in the Platform.
It is explicitly stated that we shall not be held liable for any actions or inaction in relation to your Electronic Wallets, which may include, but are not limited to, the transfer, reversal of transfer, or recovery of access to said wallets, which are used to store the Tokens or other Crypto - assets.
Considering the above, you solely responsible for:
accessing and using the recovery method/the supplementary security measures available for any tool used to access your Electronic Wallets;
performing the backup of your Electronic Wallet and for keeping safe the Private Key and/or the Recovery Phrase;
any action or transfer you or any other person perform in connection with your Tokens, Electronic Wallet/s or any of your accounts (if any);
Any action in connection with the Electronic Wallet/s and the Tokens shall be deemed to have been made by you.
We shall not be held liable for any loss or consequences caused by authorized or unauthorized use of Electronic Wallets, Tokens, including but not limited to access caused by information disclosure, hacking, information release, phishing, phishing, and so on.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the regulation which governs the Platform’s activity. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
During the use of our Services, you firmly assert that at any point you:
fully comply with the requirements of Applicable Laws and international regulations, as well as these Terms;
do not violate other person’s rights, public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other person from using the Services;
refrain from for any kind of market manipulation in connection with the Token (such as but not limited to pump and dump schemes, self-trading, wash trading, quote stuffing, front running, and spoofing or layering, regardless of whether prohibited by law);
not try to identify any vulnerability of the Platform/Services (including the third party integrated), or violate any security or authentication measures.
You expressly empowered us to perform any action to identify and investigate any violation of these Terms and/or of the Platform’s Terms & Conditions, unilaterally determine whether you have violated any provisions and take actions (without your prior consent or notice) such as, but not limited to:
blocking and closing your ongoing activities;
freezing your activity and Tokens;
reporting the incident to the competent authorities;
publishing the alleged violations and actions that have been taken;
deleting any information, you published that are found to be violations.
It is strictly forbidden to conduct any action and/or activity which:
is prohibited by our Terms and Conditions, or may direct, or indirect violate its provisions;
is related to illegal activities or with the purpose of causing harm to another person, regardless the way in which this purpose is done or achieved.
You agree to indemnify and hold harmless us, our affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with the Tokens, (ii) your breach of these Terms, or (iii) your violation of any applicable laws, regulation, or rights of any third party during your use of the Services.
In such cases, we will have the right, in our sole discretion, to control any actions or proceedings and to determine whether we wish to settle, and if so, on what terms.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ALONG WITH OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE THE SERVICES “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE”. YOUR USE OF THE SERVICES, INCLUDING OUR CONTENT WITHIN THE SERVICES (and excluding the content posted by users), IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT. WE MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE TOKENS OR CONTENT LINKED FROM THE SERVICES, THE SUPPORT WE PROVIDE FOR THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THE SECURITY OF THE SERVICES, OR THE SERVICES’ RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE, ALONG WITH OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE TOKENS (INCLUDING THEIR VALUE), THE SERVICES, OR ANY OTHER AVAILABLE FEATURE OR REGARDING THEIR PROFITABILITY, ACTUALLY, ACCURACY, USABILITY ETC.
YOU UNDERSTAND AND ASSUME THAT ANY DECISION FOLLOWING OR IN CONNECTION WITH THE TOKENS, THE SERVICES, THE CONTENT AVAILABLE ON THE PLATFORM OR ANY OTHER AVAILABLE FEATURES IS BASED ON YOUR OWN RESEARCH AND RESPONSIBILITY.
SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE SERVICES.
To the fullest extent permitted by Applicable Law, you agree and understand that we will not be liable for: any indirect, special, incidental, consequential, treble or other multiples of damages, exemplary or punitive damages arising from or in connection with these Terms or your use of the Services/Tokens.
We and our affiliated entities shall not be held liable for any loss of profits, revenues, business opportunities, diminution in value or any other losses (collectively “Losses”) arising from or in connection with these Terms or your use of or access to the Services/Tokens, including, but not limited to:
the deletion of, alteration of, mis-delivery of or failure of the Tokens to other Electronic Wallets while using the Services;
downloading or sharing of information, including personal information, during the use of our Services;
the unauthorized access to your Electronic Wallet/s;
services provided by third parties in connection with the Tokens;
your dealings with or participation in promotional campaigns of third - parties found while using our Services.
We will not be liable for damages caused by others, the wrongful or unlawful actions of third parties, or an act of God. The limitations and exclusions in these terms will apply whether or not we have been advised of or should have been aware of the possibility of any losses arising.
Without detracting from the general nature of the aforementioned, the Token Holder acknowledges the existence of various risks associated with the project aimed at developing the Platform. The Company does not provide any assurance or guarantee that the Platform or the Token will meet the expectations in terms of product-market fit, network adoption, or distribution. The Company does not make any promises or representations regarding the success of the overall strategic concept for the Platform, Ecosystem or the Token, as it depends on general market conditions and market receptiveness. Consequently, the Token Holder shall not hold the Company liable in any way for such matters.
To the fullest extent permitted by law and except as otherwise stated in these Terms, we are not liable in connection with any disputes that arise out of or relate to the herein.
We might change, add or remove parts of these Terms at any time and in our sole discretion. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We will notify such changes by simply updating the terms on our Platform and modifying the [Last revised] date displayed on this page.
All modifications or changes to these terms will become effective upon publication on the Platform or release to users.
It is your responsibility to review the amended Terms. Your continued use of the Services following the changes to the Terms, you accept and agree to the changes, and that all subsequent activity performed by you will be subject to the amended Terms.
If you have any question regarding or in connection of the information mentioned in these Terms, please do not hesitate to do directly contact us.
The transfer of rights and obligations arising from these Terms and / or the use of the Platform is subject to our prior written consent.
You expressly agree that the <a id="_Hlk117179719"></a>may unilaterally transfer all rights and obligations that may be stemming from these Terms without your consent.
The relationship between the Token Holder and us and any disputes arising from the use of the Platform and/or its Services shall be governed by and construed in accordance with the Applicable Law, without giving effect to any principles of conflicts of law. Any legal action or proceeding related to this website shall be brought exclusively in the competent courts as per the Applicable Law.
To the maximum extent permitted by the Applicable Law, any invalid or unenforceable term or provision of these Terms shall not affect the validity or enforceability of the remaining terms and provisions thereof or the validity or enforceability of the offending term or provision in any other situation. To the maximum extent permitted by the Applicable Law, you and us, acting in good-faith, shall attest the nullity or unenforceability of the respective term or provision and shall replace it by a valid or enforceable term or provision which most accurately reflects the economic and legal purpose of the invalid or unenforceable term or provision.