These terms and conditions constitute a legally binding agreement (the “Agreement”) between you (also referred to herein as “You”, “Your”, “Purchaser”, or “User”) and FU FTX (“we” or “us”), governing your purchase of digital tokens as part of the FU FTX Token Private Sale, FU FTX Token Presale, FU FTX Token Public Sale (“Sales” or “Token Sales”), and/or other relevant activities included in this Agreement. BY PARTICIPATING IN ONE OR MORE OF THESE SALES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN. If you do not agree to the terms of this Agreement, you may not participate in any of the Sales. By entering into this Agreement, and/or by participating in one or more Token Sales, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT PARTICIPATE IN THE SALES.
“Equivalent” means the value, in US Dollars, of the market value of the relevant amount of cryptocurrency on the day and time of the transaction. "Token" means any token implemented on any blockchain using smart contracts, including but not limited to a fungible token conforming to the BEP-20 or ERC-20 standard. “FU FTX” includes the creators, contributors, volunteers, and/or contractors of FU FTX. “FU FTX Token” (“FUFTX”, “FUFTX Token”) means any Token offered or sold by FU FTX. “Meme Token” (“Satirical Meme Token” or “Parody Token”) means a Token that is bought and/or sold for comedic purposes, recreational enjoyment purposes, digital memorabilia purposes, to participate in an internet trend, and/or similar non-investment purposes. “Purchase” means to pay FU FTX for the right to access mechanisms to receive FU FTX Tokens through the means of executing one or more functions on the Ethereum Virtual Machine. “Sale” (“Token Sale”) means a smart contract transaction in which FU FTX or its designated representative(s) receive payment from You via a transfer of cryptographic tokens or digital currency in exchange for access to “Purchase” FU FTX Token. “Transaction” means any transaction, transfer, buy, or sell of a Token. “Purchased Token” means FU FTX Token(s) that are acquired by You through Token Sale or another transaction of FU FTX Token(s). “Token Tax” (“Transaction Tax” “FU FTX Tax”, or “FU FUTX Token Tax”) means any function or mechanism facilitated by the smart contract of FU FTX Tokens or other platforms that receive or deduct a percentage fee in either FU FTX Token or another digital currency from a transaction when a transaction is executed involving FU FTX Token. “Third Party IP” means any third-party patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, trademarks, know-how or any other intellectual property rights recognized in any country or jurisdiction in the world.
You agree, accept, acknowledge, and understand that Tokens offered and/or sold by FU FTX are Satirical Meme Tokens, and that Tokens offered and/or sold by FU FTX are NOT an investment, investment contract, get-rich-quick scheme, and/or similar instrument of any kind. You agree, accept, acknowledge, and understand that FU FTX Tokens do NOT exist to provide financial gain, profits, dividends, equity ownership, or similar benefits of any kind. You agree, accept, acknowledge, and understand that any secondary market that may exist for FU FTX Tokens operates and exists independently of FU FTX, and that it is NOT the responsibility of FU FTX, its creators, its contributors, and/or any other party to directly or indirectly affect or increase the market value, commercial value, or liquidity that may or may not exist for FU FTX Tokens or to provide You profit or financial gain of any kind. In accordance with the above in Section 2 of this Agreement, You agree, accept, acknowledge, and understand that any statement or comment made by FU FTX, its creators, contributors, or other associated parties on its website, community channels, or any other medium does not constitute investment advice, financial advice, or solicitation of investment of any kind whatsoever. You agree, accept, acknowledge, and understand that FU FTX is not a charity or a registered non-profit and purchases of FU FTX token should not be considered as charitable donations or similar from a legal and/or tax perspective.
You agree that by Purchasing you will receive access to receive FU FTX Token(s). Such access is not guaranteed, and it is Your responsibility to complete the Purchase using the recommended technology and compatible cryptographic wallet, and to conduct such purchase with sufficient transaction fees (“gas”) to fulfill such purchase. The price of the Purchase will be made available at the time of Purchase, and is subject to change at the sole discretion of FU FTX. The price of Purchase may be set relative to a cryptocurrency and as such may change with volatility in the price of such currency to USD. FU FTX is not responsible for the loss of any funds due to failed transactions, accidental transactions, anti-bot mechanisms, or other similar events for any reason. You acknowledge and agree that FU FTX (or, as applicable, its licensors) owns all legal right, title and interest in and to all assets, IP, and other rights not expressly granted in this Agreement. FU FTX and its licensors reserve all rights and ownership in and to the FU FTX Token Name and Likeness, and Art, and make no guarantees of access or benefits to the purchaser, excepting those expressly provided in section 4 herein. All purchases of FU FTX Token, as well as associated charges, are non-refundable, regardless of Your decision to terminate usage of FU FTX Token, any disruption to the operations or existence of any components of FU FTX Token, or any other reason whatsoever.
Your Rights. Without limiting the foregoing and subject to your continued compliance with this Agreement, ownership of one or more FU FTX Token grants a galaxy-wide, exclusive, transferable license to access the FU FTX community, participate in the FU FTX social movement, and other potential benefits, as long as they are provided, and as set forth in this Agreement. Such benefits are subject to change at the sole discretion of FU FTX. FU FTX makes no guarantee as to the availability of such benefits, features, or access and may change or eliminate provided products, services, benefits, or access, at any time.
You agree and accept that Transactions involving FU FTX Token are subject to Transaction Tax, and that this Transaction Tax also applies to Transactions that take place after the initial Purchase of FU FTX Token. You agree and accept that FU FTX may increase, decrease, modify, or remove this Transaction Tax at its sole discretion at any time without notice, and that FU FTX may prevent certain transactions or cryptographic wallets from incurring Transaction Tax at its sole discretion at any time without notice. You agree and accept that FU FTX at its sole discretion may decide to use proceeds from Transaction Tax in any manner it chooses at any time without notice. You agree and accept that any stated uses or purposes for proceeds from Transaction Tax are merely ideas, and do not guarantee the use of any proceeds in any particular manner. Any statements or comments regarding uses or purposes for proceeds from Transaction Tax are NOT guarantees, representations, or warranties whatsoever.
You have the limited right to transfer Purchased Token, provided that (i) the transferee accepts all of the terms of this Agreement; (ii) You have not prior to the transfer breached this Agreement;
You agree that you may not, nor permit any third party to do or attempt to do any of the following without express prior written consent from FU FTX in each case: (i) modify the Purchased Token metadata or information, (ii) use or otherwise make derivatives of the component parts of the Purchased Token, Name and Likeness and/or Artwork, or Logos or IP of FU FTX or any third-party to advertise, market, or sell any product or service; (iii) use the Purchased Token, Name and Likeness and/or Artwork from your Purchased Token in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others, drugs (including, without limitation, both prescription and non-prescription) or other supplements, death, pornography or other “adult only” or sexually explicit activities, massage parlors, prostitution or any dating or escort activities, weapons or ammunition, denigration or discrimination against individuals based on race, national origin, gender, religion, disability, ethnicity, sexual orientation, gender identity or age, medical conditions and/or political campaigns or causes; or (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Purchased Token, Name and Likeness and/or Art from Your Purchased Token related to or in competition with FU FTX.
It is your responsibility not to lose or destroy FU FTX token. You may not tamper with or circumvent any technology, including security technology related to FU FTX Token. You may not attempt to circumvent FU FTX Token Tax. You may not use automated systems, bot systems, or similar systems to attempt to front-run transactions of FU FTX Token.
The Rights granted to You hereunder are perpetual given they have not been terminated hereunder by the following: (i) at any time You sell, trade, donate, give away, transfer, or otherwise dispose of Your Purchased Token for any reason; (ii) You breach any of the Agreement and conditions (iii) You have a trustee, receiver or similar party appointed for Your property, become insolvent, acknowledge Your insolvency in any manner, make an assignment for the benefit of your creditors, or file a petition of bankruptcy.
ALL FU FTX TOKENS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FU FTX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FU FTX TOKEN, ITS CREATORS, ITS CONTRIBUTORS, THIS WEBSITE, AND OTHER ASSOCIATED PARTIES INVOLVED IN FU FTX MAKE NO GUARANTEES, NO REPRESENTATIONS, AND NO WARRANTIES WHATSOEVER AS TO THE AVAILABILITY OR DELIVERY OF ANY SERVICES, FEATURES, DONATIONS, TOKEN STRUCTURES, TOKEN MECHANICS, DEVELOPMENT, LIQUIDITY POOLS, LIQUIDITY POOL AMOUNTS, MAINTENANCE, OPERATION, USES OF TOKEN TAX PROCEEDS, OR OTHER DETAILS OR ACTIONS RELATED TO FU FTX EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL FU FTX (INCLUDING THE CREATORS OF FU FTX OR OTHER CONTRACTORS OR VOLUNTEERS OF FU FTX) BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY TOKEN, INCLUDING BUT NOT LIMITED TO THE PURCHASED TOKEN, TOKEN SALE, TRANSACTIONS INCLUDING FU FTX TOKEN, ANY TECHNOLOGY AND/OR PARTIES RELATED TO TOKEN SALE OR TRANSACTIONS INCLUDE FU FTX TOKEN, INCLUDING BUT NOT LIMITED TO BLOCKCHAIN, BLOCKCHAIN WALLET, PANCAKE SWAP AND/OR PINKSALE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FU FTX TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED TEN PERCENT (10%) OF THE TOTAL SUM PAID DIRECTLY BY YOU TO FU FTX FOR THE APPLICABLE PURCHASED TOKEN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree that You assume the following risks: (A) To the extent there is a price or market for a blockchain token, such markets and prices are extremely volatile, and variations in the price of other digital assets could materially and adversely affect the value of any digital asset(s) You own, including Purchased Token, and there is no guarantee that Your Purchased Token will have or retain any value; (B) the commercial or market value on a blockchain token that You purchase may materially diminish in value as a result of a variety of things; (C) there are risks associated with using an Internet-native assets (e.g., blockchain tokens, cryptocurrencies, etc.) including, but not limited to, the risk of hardware, software and Internet connections and/or failures, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your digital “wallet” or elsewhere, and, for clarity, You assume such risk and FU FTX will not be responsible for any of these, however caused; (D) FU FTX does not make any promises or guarantees about the availability of the Purchased Token or secondary market liquidity of FU FTX token at any specific location and/or for any specific period of time; (E) upgrades to the BNB Chain or Ethereum platform, a hard fork or other change in the BNB Chain or Ethereum platform, a failure or cessation of BNB Chain or Ethereum, or a change in how transactions are confirmed on the BNB Chain or Ethereum platform may have unintended, adverse effects on all blockchains using such technologies, including without limitation Purchased Token; (F) FU FTX does not make any promises or guarantees related to blockchain wallets, PinkSale, Pancake Swap, BNB Chain, Ethereum or any other third parties related to FU FTX Token and/or Token Sale and each of their applications and/or services, including but not limited to the continued availability of either and/or the protection and/or storage of any data you provide to those parties; (G) the risk of losing access to Purchased Token due to loss of private key(s), custodial error or purchaser error; (H) the risk of mining attacks; (I) the risk of hacking, security weaknesses, fraud, counterfeiting, cyber-attacks and other technological difficulties (J) the risks of decentralized marketplaces, token exchanges, liquidity, liquidity pools, and/or the potential non-availability of such things (K) the risk of changes to the regulatory regime governing blockchain technologies, cryptocurrencies, and tokens and new regulations, unfavorable regulatory intervention in one or more jurisdictions or policies any of which may materially adversely affect the Purchased Token; (L) the risks related to taxation; (M) that blockchain tokens are not legal tender and are not backed by any government; (N) the risks of unfavorable changes of the visual representation of your Purchased Token; and (O) FU FTX is not responsible for any transaction between you and a third party (e.g., Your transfer of FU FTX Token(s) to or from a third party on the so-called “secondary market”, etc.), and FU FTX shall have no liability in connection with any such transaction. In addition to assuming all of the above risks, you acknowledge that You have obtained sufficient information to make an informed decision to purchase the Purchased Token and that You understand and agree that you are solely responsible for determining the nature, potential value, suitability and appropriateness of these risks for yourself. FU FTX does not represent or warrant that any FU FTX, or its supporting systems or technology, is reliable, functional, current or error-free, meets Your requirements, or that defects in the Purchased Token, or its supporting systems or technology, will be corrected. FU FTX does not represent or warrant that the Purchased Token or the delivery mechanism for it are free of viruses or other harmful components. You accept and acknowledge that FU FTX will not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience related to the Token Sale or FU FTX Token.
This Agreement and all matters related to it and/or any Purchased Token shall be governed by, construed, and enforced in accordance with the laws of the state of Delaware in the United States of America as they are applied to agreements entered into and to be performed entirely within the state of Delaware in the United States of America and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by law.
Participation in any FU FTX Sale is open only to individuals who have the right and authority to enter into this Agreement by the law of the jurisdiction of their residency or citizenship, are fully able and competent to satisfy the terms, conditions, and obligations herein and who are using currency that such party is the lawful holder thereof. You may not allow other persons to use your Whitelist credentials, and You agree that You are the sole authorized user based on whitelisted status. By becoming a Purchaser, you represent and warrant that you are at least 18-years old and are not a resident or citizen of any jurisdiction in which the Purchase of Tokens are prohibited by law or subject to any administrative penalty, or otherwise restricted to certain individuals of which class You do not belong.
You will defend, indemnify, and hold FU FTX, including each of their respective affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your license, sale or possession of Purchased Token and/or Your participation in the Sale, including: (1) Your breach of this Agreement or the documents it incorporates by reference; (2) Your violation of any law or the rights of a third party as a result of your own interaction with such third party; (3) any allegation that any materials that You submit to us or transmit in the course of the Sale, communications seeking FU FTX consent to activities or otherwise, infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities in connection with the Sale or the Purchased Token. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
If any term, definition, or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
If you have any questions or concerns, including if you need to access this Agreement in an alternative format, contact us via e-mail at info@fuftx.com
