FUNRISE TERMS OF SERVICE
DATE OF INITIAL PUBLICATION: 29th October 2021
LAST UPDATED AT: 29th October 2021
Welcome to FUNRISE Platform (hereby also referred to as «FUNRISE»), operated by «Entropy Media B.V.», a company incorporated and operating in Netherlands (hereby also referred to as «Company», «Copyright Holder», «we», «us», and «our»).
FUNRISE platform is available online at the website https://funrise.io (hereby also referred to as «Website») and/or via mobile applications which can be downloaded at various digital stores.
FUNRISE is a digital platform that allows the Users to create, deploy, exploit, trade, sell, purchase, transfer and commit other transactions (hereinafter collectively referred to as «Transactions») with regard to various digital assets, including crypto assets, such assets hereinafter collectively being referred to as «the Crypto Assets», using NFT technology (as described below), as well as to create and administer crypto wallets, and synchronize Users’ accounts with social media platforms.
NFT for the purposes of these Terms of Service refers to unique non-fungible token enforced by means of the Polygon cryptocurrency (supported by blockchain technology). NFT technology ensures the security of a particular Crypto Asset and the rights of its creator and copyright holder. NFT serves as a certificate of authenticity of the Crypto Asset. It guarantees its uniqueness and carries information about the copyright holder of the Crypto Asset and the time of its creation.
The following Terms of Service (hereinafter referred to as «the Terms») govern your access to and use of FUNRISE; our online and/or mobile services, and software provided on or in connection with those services (collectively, the «Service»).
FUNRISE is a platform, a digital marketplace. We are not a broker, a financial institution, a vendor, or a tax agent. The Service constitutes administrative services only. The Company facilitates transactions between the Buyers and the Sellers of the Crypto Assets but is not a party to any agreement between the Buyers and the Sellers of the Crypto Assets or, in general, between any Users.
The User bears full responsibility for verifying the identity, legitimacy, and authenticity of the content and the Crypto Assets that the User creates/deploys/sells at FUNRISE. Notwithstanding indicators and messages that suggest verification, the Company makes no claims about the legitimacy, authenticity or quality of the Crypto Assets.
Users must at all times respect copyright, property, and other legal rights of third parties and not engage in infringing them.
By clicking on the “I accept” button, or completing the FUNRISE account registration process, or using our Service and/or purchasing Crypto Assets, you agree to be legally bound by these Terms and all of the Terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service or sell/purchase the Crypto Assets.
By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms from time to time to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.
The Terms may be changed by the Company unilaterally at any time without notifying the User. The new version of the Terms comes into force from the moment of posting on the FUNRISE Website and/or mobile application.
ACCOUNT. REGISTRATION. TRANSACTIONS. USER CONTENT.
If you wish to use the Service that is offered by FUNRISE, you will need to create and register an account on the Service (“Account”).
We require all Users to be 18 years old or older. If you are under 18, you may use a parent or guardian's FUNRISE account, but only with involvement of the Account holder. However, the Account holder is responsible for everything done with that Account.
By creating an Account, you agree to (a) provide accurate, current and complete Account information about yourself, (b) maintain and promptly update from time to time as necessary your Account information, (c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account.
Registration is carried out by the User by filling in the required fields of the Registration application and pressing a button with the appropriate functionality on the Registration page and / or putting «checkmarks» in special fields on the Registration page.
Confirmation of Registration is carried out by the User through entering a special access code that is automatically generated and sent to User’s phone number and / or email address indicated when filling out the Registration application, and / or by clicking on a special link sent to the User by email.
Access to the Account is provided to the User upon inputting a special access code that is automatically generated by FUNRISE and sent to User’s phone number, hereinafter also referred to as “Access code” or “Access codes” (other activities of the User at FUNRISE are also subject to confirmation using Access codes). Also, the access may be provided through entering the Login and Password created and registered in our system during Registration.
All actions performed through the User's Account at FUNRISE Platform are considered to have been performed on his behalf, except for cases when the User has duly notified the Company of unauthorized access to FUNRISE User’s Account and / or any violation and / or suspicion on violation of the confidentiality of the Account.
The Company reserves the right to temporarily/permanently block multiple Accounts of the same User as well as to temporarily/permanently block the Accounts which show signs of malicious/fraudulent/illegal activities.
The Company may require you to provide additional information and documents at the request of any competent authority or in case of application of any law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism.
The Company may also require you to provide additional information and documents in cases where it has reasons to believe that:
- your Account is being used for money laundering or for any other illegal activity;
- you have concealed or reported false identification information and other details;
- or transactions committed via your Account were executed in breach of these Terms or applicable laws.
In such cases, the Company, at its sole discretion, may pause or cancel your activities at FUNRISE until such additional information and documents are reviewed by us and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, the Company may refuse to provide the Service to you.
You must at your own expense provide all equipment and software necessary to connect to the Service, including but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.
In order to execute any transactions with the Crypto Assets at FUNRISE, you will be required to create a crypto wallet at FUNRISE Platform, which will allow you to purchase, store, and engage in Transactions using cryptocurrencies. The crypto wallet will be created for you by FUNRISE.
Upon creating and registering an Account, you may need to top up the balance of your crypto wallet using your bank card via various external payment platforms.
FUNRISE Platform may also have an option of using various supported crypto wallet extensions through our website. Should you choose to use a third-party digital wallet extension, you will be asked to unlock your crypto wallet with that extension. Once you submit an order to sell or purchase a unique Crypto Asset, your order is going to be passed on to the applicable extension, which will then complete the Transaction on your behalf.
All transactions in blockchain are executed with cryptocurrency. FUNRISE uses Polygon USDC cryptocurrency. We suggest you check current Polygon USDC exchange rates and keep your information up to date.
How it works for the Creator/Seller.
In order to list Crypto Assets for sale, they first need to be converted using NFT technology, which will create a certificate of authenticity (NFT) for your Crypto Asset.
Upon creating and registering an Account, you may sync your social media accounts with your Account at FUNRISE, thus allowing you to upload your Content (photos, videos, art, etc.) directly from your electronic devices and convert them into Crypto Assets without having to copy, transfer, convert or edit them.
It is important to remember that you must respect copyright. You can create and sell NFTs explicitly from content that is created or legally owned by yourself.
In your personal Account you can access the Collection section which contains all of your Crypto Assets in NFT format.
Because creating an NFT requires payment of the commissions and distribution of the resources, NFT is created in the exact moment of sell/purchase and not until that moment.
How it works for the Buyer
The amount required to purchase a specific NFT will be suggested automatically, but you can always change it (The window with the deposit form will be filled in by default for the amount required to buy a specific NFT, but the amount can be changed by the User up or down.)
If your crypto wallet is being topped up with a payment card which uses currency different from US Dollars ($), then the bank that issued the card will automatically make a conversion at its internal exchange rate.
After making a purchase, it will take an average of 24 hours to complete the Transaction on the blockchain and deliver the NFT to your Collection. Status of the purchase will be displayed in the “Collection” section.
Purchasing NFT means you have purchased the rights for a particular Crypto Asset.
Hereby you acknowledge that the exact scope of rights (that is, copyright ownership/license, terms of license, if applicable) acquired by the purchaser of a particular Crypto Asset is determined by the laws of the Seller’s country of residence.
No refunds or returns are permitted due to the fact that it is technically impossible to perform them in a blockchain environment.
As a User of FUNRISE, you hereby grant us a non-exclusive, worldwide, royalty-free, sublicensable, irrevocable license (with indefinite term of validity) to use the intellectual property contained in your User Content (Crypto Assets, listings, smart contracts, collections etc.) thus giving the Company the right to use, reproduce, modify, perform, display, distribute, retransmit, publish, broadcast, and otherwise disclose to third parties any such User Content for any purpose.
Furthermore, you represent and warrant that:
- you own and control all rights in and to your User Content and have the right to grant such licenses to FUNRISE;
- all of your User Content does and will comply with these Terms and applicable laws.
As a User of FUNRISE, you understand and agree that:
- you are responsible for the accuracy and legitimacy of your User Content;
- any User Content that violates any of the Company’s policies/applicable laws may be obfuscated or deleted by the Company at its sole discretion;
- you will respect the intellectual property of others.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any User Content that you submit, post or display on or through the Service. You agree that such User Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant the Company the license described above.
We are not responsible or liable to any third party for the User Content, as well as legitimacy, accuracy, or appropriateness of any User Content posted by you or any other User on FUNRISE.
User Content that the Company deems inappropriate, disruptive or illegal is prohibited at FUNRISE. The Company reserves the right to determine the appropriateness of listings on the Website and remove any User Content at any time. The Company reserves the right, in our sole discretion, to prohibit you from uploading your User Content. Although we are not required to monitor any User Content, we may, in our sole discretion, remove User Content at any time and for any reason without notice. We may monitor User Content to detect and prevent fraudulent activity or violation of the Terms and/or applicable laws.
User Content that includes metadata that violates international or local intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal is prohibited at FUNRISE and will be removed.
The sale of stolen, converted, fraudulently obtained Crypto Assets, and other illegally obtained Crypto Assets is prohibited at FUNRISE. Listing illegally obtained Crypto Assets may result in your listings being cancelled, your Crypto Assets being hidden, or your Account being suspended.
FEES, COMMISSIONS AND OTHER CHARGES. TAXATION.
Creating, buying, selling or transferring Crypto Assets may be subject to fees, commissions, royalties and other charges (“Fees”) established from time to time in the sole discretion of the Company, a Crypto Asset Creator/Seller or participants in the cryptocurrency’s ecosystem.
By executing Transactions at FUNRISE, you agree to pay all applicable fees and you authorize the Company to automatically deduct fees directly from your payment. You will always be provided with a breakdown of fees prior to your Transaction.
On the date of initial publication of these Terms, Fees include service fees established by and payable to the Company, which may be adjusted from time to time in the sole discretion of the Company.
All Fees relating are non-refundable except at the sole discretion of the Company.
You are solely responsible for determining what, if any, taxes apply to your Crypto Assets Transactions. The Company is not responsible for determining or paying the taxes that apply to Crypto Assets Transactions.
FUNRISE provides the Users with the technical support in relation to the usage of the FUNRISE Platform and the Service. To address technical support service, please send a message through our website https://funrise.io menu or send an email at email@example.com.
INTELLECTUAL PROPERTY RIGHTS
Ownership of the exclusive rights for the Service.
Unless otherwise indicated in writing by us, the Website, all content, and all other materials contained therein, including, without limitation, FUNRISE logo, brand, and all designs, text, graphics, pictures, information, data, databases, software, sound files, other files, and the selection and arrangement thereof (collectively, «FUNRISE Content») are the proprietary intellectual property of the Company and the Company holds exclusive rights for such intellectual property.
FUNRISE logo and any FUNRISE product or service names, logos, or slogans that may appear on the Website or elsewhere are intellectual property and /or trademarks of the Company and may not be copied, imitated or used, in whole or in part, without our prior written permission.
You may not use framing techniques to enclose any FUNRISE Content without our express written consent. In addition, the outlook of the Website and FUNRISE Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark or intellectual property of the Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Notwithstanding anything to the contrary in these Terms, the Service and FUNRISE Content may include software components provided by the Company or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
All other trademarks, registered trademarks, product names or logos mentioned on the Service are intellectual property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by the Company.
If you believe that third-party material hosted by FUNRISE infringes your copyright or trademark rights, please file a notice of infringement by contacting FUNRISE using our Contact information. In such event, please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Website of the material that you claim is infringing; (4) your address, telephone number and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Company’s policy is to suspend or terminate the Account of repeat infringers. The Company ‘s response may depend on relevant aggravating or mitigating circumstances, but generally we will terminate an Account if it is the subject of three valid infringement notices.
License for the Service
The use of the Service does not involve the transfer of the copyright ownership to the Service or its components.
The User is granted a limited rights to use the Service, provided that the User uses the Service in accordance with the Terms. Such right may be terminated at any time in accordance with the Terms.
The Copyright Holder has the right to establish any technical restrictions on the use of the Service, which from time to time will be brought to the attention of the User in a form and method chosen by the Copyright Holder.
The Company hereby grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and FUNRISE Content.
License is granted based on the following conditions:
- unlawful activity: you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, or regulation.
- abusive activity: you agree not to engage in any activity that poses a threat to the Company, for example by distributing a virus or other harmful code, or through unauthorized access to the Website or other Users’ Accounts.
- inappropriate behavior: you agree not to interfere with other Users’ access to or use of the Service.
- communication: you agree not to communicate with other Users for purposes of (a) sending unsolicited advertising or promotions, requests for donations, or spam; (b) engaging in hate speech or harassing or abusing other Users; (c) interfering with transactions of other Users.
- you agree not to use data collected from the Website to contact individuals, companies, or other persons or entities outside the Website for any purpose, including but not limited to marketing activity.
- you agree not to engage in any activity which operates to defraud the Company, others Users, or any other person; or to provide any false, inaccurate, or misleading information to the Company.
- gambling: you agree not to utilize the Service to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance.
- intellectual property Infringement: you agree not to (a) engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law; (b) use FUNRISE Content without express written consent from the Company; or (c) engage in any action that implies an untrue endorsement or affiliation with the Company.
- hyperlinks: you are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Website for noncommercial purposes, provided that such link does not portray the Company or the Service in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal materials, or other materials that is offensive, harassing, or otherwise objectionable.
- additional prohibitions: you agree not to (a) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any FUNRISE Content; (b) modify or create derivative works from the Website or FUNRISE Content, or any portion thereof; (c) use any data mining, robots, or similar data gathering or extraction methods on the Website or FUNRISE Content; (d) download any portion of the Website or FUNRISE Content, other than for purposes of page caching, except as expressly permitted by us.
- you undertake to comply with provisions of Chapter 6 hereof («USER CONDUCT. REPRESENTATIONS AND WARRANTIES»).
If you are unsure whether a contemplated use would violate the Terms, please contact us at the address listed below under Contact Information.
USER CONDUCT. REPRESENTATIONS AND WARRANTIES
The User must not:
- use the Service and FUNRISE Content for any purposes prohibited by the applicable laws, as well as not to incite any illegal activity or other activity that violates the rights of other persons;
- use or distribute any confidential information about individuals or legal entities that has become available to the User through the use of the Service, including personal data of other Users;
- provide the opportunity to use the Account generated on the Service or the access codes and links generated by the Service to third parties;
- use the Service improperly and disrupt its proper functioning, that is, to interfere with the operation of the Service, to attempt to gain access by bypassing the standard interface and the available instructions, and to take actions aimed at undermining network security or disrupting the operation of the software and hardware of the Service;
- use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, purchase, copy or track the content of the Service, including but not limited to the use of tools to falsify your IP address, as well as the addresses used in other network protocols when transferring data;
- attempt to circumvent the navigation structure of the Service in any way to obtain or attempt to obtain any information, documents or materials by any means that are not specifically represented by the functionality of the Service;
- develop, utilize or disseminate any software, including viruses, trojan horses, worms, logic bombs, robots, spiders, crawlers, scrapers, scripts, browser extensions, offline readers or other material which is malicious or technologically harmful, or otherwise attempt to gain unauthorized access to, interfere with, damage, modify, edit, disrupt, disable, overburden or impair any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
- engage in any other conduct that interferes, disrupts, restricts or inhibits anyone’s use of the Service, or which, as determined by us, may harm the Company or Users of the Service or expose them to liability;
- engage in wash trading or other deceptive or manipulative trading activities;
- place misleading bids or offers;
- spam listings for the purpose of causing a listing to appear at the top of the search results;
- engage in behaviors that have the intention or the effect of artificially increasing view counts, favorites, volume, or other metrics that FUNRISE might use to sort search results;
- use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments;
- use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners’ rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, staking bonuses, and burn discounts.
- in case of repeated or gross violation of the Terms and / or legal requirements, as well as in case of suspicion of their violation, the Company reserves the right to terminate the access to the Service, without compensation for any losses to the User.
Representation and warranties
Each User hereby represents and warrants to the Company that the following statements and information are accurate and complete at all relevant times. In the event that any such statement or information becomes untrue as to a User, User shall immediately divest and cease using the Service.
Status. If User is an individual, User is of legal age in the jurisdiction in which User resides (and in any event is older than 18 years of age) and is of sound mind (if you proceed using FUNRISE despite above said guidance and/or restrictions, you assume full liability for any consequences, and under no circumstances including, but not limited to, negligence, neither we nor any third party nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use). If User is a business entity, User is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized, and has all requisite power and authority for a business entity of its type to carry on its business as now conducted.
Power and Authority. User has all requisite capacity, power and authority to accept the terms and conditions of these Terms and to carry out and perform its obligations under these Terms. These Terms constitutes a legal, valid and binding obligation of User enforceable against User on the conditions set herein.
No Conflict; Compliance with law. User agreeing to these Terms and executing Transactions with regard to Crypto Assets does not constitute, and would not reasonably be expected to result in (with or without notice, lapse of time, or both) a breach, default, contravention or violation of any law applicable to User, or contract or agreement to which User is a party or by which User is bound.
Absence of Sanctions. User is not, (and, if User is an entity, User is not owned or controlled by any other person who is), and is not acting on behalf of any other person who is, identified on any list of prohibited parties under any law or by any nation or government, state or other political subdivision thereof, any entity exercising legislative, judicial or administrative functions of or pertaining to government such as the lists maintained by the United Nations Security Council, the U.S. government (including the U.S. Treasury Department’s Specially Designated Nationals list and Foreign Sanctions Evaders list), the European Union (EU) or its member states, and the government of a User home country. User is not, (and, if User is an entity, User is not owned or controlled by any other person who is), and is not acting on behalf of any other person who is, located, ordinarily resident, organized, established, or domiciled in Cuba, Iran, North Korea, Sudan, Syria, the Crimea region (including Sevastopol) or any other country or jurisdiction against which the U.S. maintains economic sanctions or an arms embargo. The tokens or other funds a User uses to participate in the FUNRISE Platform or acquire Crypto Assets are not derived from, and do not otherwise represent the proceeds of, any activities done in violation or contravention of any law.
Non-Reliance. User is knowledgeable, experienced and sophisticated in using and evaluating blockchain and related technologies and assets, including cryptocurrencies, NFTs, Crypto Assets and “smart contracts” (bytecode deployed to Tether, Polygon or another blockchain). User has conducted its own thorough independent investigation and analysis of FUNRISE Platform and the other matters contemplated by these Terms, and has not relied upon any information, statement, omission, representation or warranty, express or implied, written or oral, made by or on behalf of the Company in connection therewith, except as expressly set forth by the Company in the Terms.
Acknowledgement of the Risks. The User confirms that he understands the risks connected with using the Service (please refer to Chapter 8 hereof).
THIRD PARTY SERVICES
The Service may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”).
When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Service and are subject to the Terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications and are not under the control of the Company. The Company is not responsible for any Third-Party Websites or Third-Party Applications. The Company provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Service, our Terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
The Service and Content may include software components provided by FUNRISE or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
FUNRISE Platform also has the ability to integrate and synchronize with Users’ social media accounts, which allows the Users to deploy a Crypto Asset directly from the social media platforms. For terms of service of particular social media platform, please refer to its website/mobile app.
The Company does not endorse or assume any responsibility for any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties. If Users access any such resources, products, services or content or participate in any such promotions, Users do so solely at their own risk. Each User hereby expressly waives and releases the Company from all liability arising from User’s use of any such resources, products, services or content or participation in any such promotions. User further acknowledges and agrees that the Company shall 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 resources, products, services, content or promotions from third parties.
RISKS, DISCLAIMERS, INDEMNIFICATION, LIABILITY.
Hereby the User accepts and acknowledges the following risks connected with using the Service.
- The technology utilized in the Service depends on public peer-to-peer networks that are not under the control or influence of the Company and are subject to many risks and uncertainties. Users are solely responsible for the safekeeping of the private key associated with the blockchain address used to participate in the Transactions. The Company will not be able to restore or issue any refund in respect of any Crypto Assets due to lost private keys. If a User is not able to use a Crypto Asset due to loss or theft of the corresponding private key or otherwise, such User will be unable to exercise his rights with respect to such Crypto Asset.
- The Company utilizes cryptographic technologies and blockchain technologies, including tokens, cryptocurrencies, stable coins, “smart contracts,” consensus algorithms, voting systems and distributed, decentralized or peer-to-peer networks or systems in performing the Service. Each User acknowledges and agrees that such technologies are novel and speculative, and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto.
- There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your crypto wallet. You accept and acknowledge that the Company will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Crypto Assets, however caused.
- Crypto Assets relevant to the FUNRISE Platform depend on the smart contracts deployed to Polygon. Once deployed to Polygon, the code of smart contracts cannot be modified. In the event that the smart contracts are adversely affected by malfunctions, bugs, defects, malfunctions, hacking, theft, attacks, negligent coding or design choices, or changes to the protocol rules of Polygon, Users may be exposed to a risk of total loss and forfeiture of all Crypto Assets. The Company assumes no liability or responsibility for any of the foregoing matters, except as otherwise expressly provided by the Terms or required by applicable law.
- Our Service does not actually store, send, or receive Crypto Assets. This is because Crypto Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any Transaction with regard to Crypto Assets occurs within the supporting blockchain and not on the Service itself.
- Fork Handling. Cryptocurrencies, blockchain, the NFTs, and the Crypto Assets may be subject to “forks.” Forks occur when some or all persons running the software clients for a particular blockchain system adopt a new client or a new version of an existing client that: (i) changes the protocol rules in backwards-compatible or backwards-incompatible manner that affects which transactions can be added into later blocks, how later blocks are added to the blockchain, or other matters relating to the future operation of the protocol; or (ii) reorganizes or changes past blocks to alter the history of the blockchain. Some forks are “contentious” and thus may result in two or more persistent alternative versions of the protocol or blockchain, either of which may be viewed as or claimed to be the legitimate or genuine continuation of the original. The Company may not be able to anticipate, control or influence the occurrence or outcome of forks, and does not assume any risk, liability or obligation in connection therewith. Without limiting the generality of the foregoing, the Company does not assume any responsibility to notify a User of pending, threatened or completed forks. The Company will respond to any forks as the Company determines in its sole and absolute discretion, and the Company shall not have any duty or obligation or liability to a User if such response (or lack of such response) acts to a User detriment. The Company reserves the right to only allow one NFT to be associated with the relevant metadata forming the Crypto Asset, notwithstanding that copies of such NFT may exist on both chains following a fork. A User assume full responsibility to independently remain apprised of and informed about possible forks, and to manage User’s own interests in connection therewith.
- The value of the cryptocurrencies and the prices of Crypto Assets are extremely volatile. As relatively new products and technologies, blockchain-based assets are not widely accepted as a means of payment for goods and services. A significant portion of demand for these assets is generated by speculators and investors seeking to profit from the short- or long-term holding of blockchain assets. Fluctuations in the price of other digital assets could materially and adversely affect the Crypto Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Crypto Assets will not lose money. The market value of any NFT, or other Crypto Asset may decline below the price for which the User acquires such Asset through FUNRISE Platform or any other platform. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of Crypto Assets.
1.3. Regulatory and legal
- The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations, policies, legal inquiries, actions, suits, investigations, claims, fines or judgments may materially adversely affect the development of the Service and the utilization of the Crypto Assets, thus impeding or limiting User’s ability to continue using the Service or the Crypto Assets.
- There are risks associated with purchasing User generated content, including but not limited to, the risk of purchasing counterfeit Crypto Assets, mislabeled Crypto Assets, Crypto Assets that are vulnerable to metadata decay, Crypto Assets on smart contracts with bugs, and Crypto Assets that may become untransferable. The Company reserves the right to hide collections, contracts, and Assets affected by any of these issues or by other issues. Crypto Assets you purchase may become inaccessible on FUNRISE. Under no circumstances shall the inability to view your Crypto Assets on FUNRISE serve as grounds for a claim against the Company.
- The Service may rely on third-party platforms such as third-parties’ crypto wallets and payment systems to perform the Transactions with the Crypto 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 loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
FUNRISE is not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that apply to your Transactions. You agree that you are solely responsible for determining what, if any, Taxes apply to your Transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, any amounts due in respect of a Transaction are exclusive of sale, use, value added or similar Taxes (“Sales Taxes”) which shall be your responsibility. Any payments with respect to your Transactions shall be made without deduction or withholding for any Taxes, except as required by applicable law. If any applicable law requires the deduction or withholding of any Tax (a “Withholding Tax”) from any such payment then the sum payable by you shall be increased as necessary so that after such deduction or withholding has been made the amount received is equal to the sum that would have been received had no such deduction or withholding been made.
Except as expressly provided to the contrary in a writing by the Company, the Service, FUNRISE Content contained therein, and Crypto Assets listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. The Company makes 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. The Company 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, and content contained therein. The Company does not represent or warrant that the 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 the Company attempts to make your access to and use of the Service and the content safe, the Company cannot and does not represent or warrant that the Service, content, any Crypto 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 Crypto 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 Crypto Assets.
The Company is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the Crypto Assets. The Company is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting Crypto Assets including forks, technical node issues or any other issues having fund losses as a result.
The Company is not responsible for the risk of adverse consequences that will occur or may occur as the result of the mismatch of the equipment, other software or communication channels.
Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Website, Service and content contained therein.
The Copyright Holder is based in the Netherlands. We make no claims that the Service or any of its content is lawful, accessible, or appropriate outside of the Netherlands. If you access the Service from outside the Netherlands, you do so on your own initiative and are responsible for compliance with local laws.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply in full to specific Users. The disclaimers and limitations of liability provided in these terms shall apply to the fullest extent permitted by applicable law.
All information provided by or on behalf of the Company is for informational purposes only and should not be construed as professional, accounting or legal advice. Users should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of the Company. Before Users make any financial, legal, or other decisions involving the Service, Users should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company and its officers, directors, contractors, equity holders, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the «FUNRISE 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 Website, Service or Crypto Assets, (b) any Feedback you provide, (c) your violation of these Terms of Service, (d) your violation of the rights of a third party, (e) any intellectual property disputes relating to your Crypto Assets being displayed, sold or purchased on FUNRISE platform; and (f) your failure to pay any Withholding Taxes or Sales Taxes in connection with your Transactions.
You agree to promptly notify the Company of any third-party Claims and cooperate with the Company in defending such Claims. You further agree that the FUNRISE Parties shall have control of the defense or settlement of any third-party Claims.
To the fullest extent permitted by law, in no event will the Company 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 the Company 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 the Company arising out of or in any way related to these Terms, the access to and use of the Service, Crypto Assets, or any products or services purchased on the Service exceed the greater of $ 100.
The foregoing limitations of liability shall not apply to liability of the Company for (a) death or personal injury caused by a member of the Company’s negligence; or for (b) any injury caused by a member of the Company fraud or fraudulent misrepresentation.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
In the event that the Company is held liable or is subject to penalties in connection with violations of the rights and/or interests of third parties committed by the User, as well as prohibitions or restrictions established by the legislation, the User is obliged to compensate the losses of the Company to the full extent.
Any claim or cause of action a User may have or acquire in connection with the Service or any of the other matters contemplated by these Terms shall survive for the shorter of, and may be brought against the Company solely prior to: (a) the expiration of the statute of limitations applicable thereto; and (b) the date that is six months after the date on which the facts and circumstances giving rise to such claim or cause of action first arose.
DISPUTE RESOLUTION. ARBITRATION. GOVERNING LAW
These Terms, your access to and use of the Service, and your participation in the transactions, shall be governed by and construed and enforced in accordance with the laws of Netherlands, without regard to conflict of law rules or principles of Netherlands, or any other jurisdiction that would cause the application of the laws of any other jurisdiction.
Nevertheless, the relationship between the Users with regard to using FUNRISE, including relationship arising from the Transactions involving Crypto Assets, shall be governed exclusively by the laws of the current country of residency of the Seller/copyright holder of particular Crypto Asset.
All disputes, disagreements or claims arising between the Copyright Holder and the User from or in connection with this Agreement, including those relating to its entry into force, conclusion, modification, performance, violation, termination or validity, are subject to consideration in the courts of Amsterdam.
When the User uses Access codes and/or when the User uses the combination of Login and Password specified by the User during registration at FUNRISE and/or when the User uses the email address specified by the User during registration at FUNRISE, such actions are recognized as User signing off with his simple electronic signature. Signature verification is carried out by comparing the information from the server that generated Access code with the Access code actually input by the User into the system (platform) (in case of using Access codes) or by comparing the Login and Password registered in FUNRISE with the Login and Password input by the User (in case of using the combination of Login/Password) or by comparing the information about the email address of the sender and (or) the recipient, which are displayed in the mail program, with information about the email address used by the User during registration (in case of using email address)
All messages of Users which are considered to be signed with a simple electronic signature are considered to be made in writing and are equivalent to paper documents. The User is obliged to maintain the confidentiality of the Access codes as well as Login and Password of his personal Account and of his email address and prevent their disclosure to third parties.
User acknowledges that documents in electronic form received through electronic or other communication, including using the information and telecommunications network of the Internet, including electronic messages, can be used as primary accounting documents and written evidence.
Users guarantee confidentiality and restriction of access to the Access codes, email addresses, Logins, Passwords specified in this section.
Signing documents as well as all actions performed and confirmed by the User's simple electronic signature are considered to have been committed by him personally.
Successors and Assigns
These Terms shall inure to the benefit of the Company, the Users, and their respective permitted successors, permitted assigns, permitted transferees and permitted delegates and shall be binding upon all of the foregoing persons and any person who may otherwise succeed to any right, obligation or liability under these Terms by operation of law or otherwise. A User shall not share or provide a copy of, or transfer to, any person any Crypto Assets or the private key associated with any Crypto Assets without notifying such person that such person shall be bound by and become a party to these Terms by virtue of thereof (or if the transferor has a reasonable belief that the transferee is aware of these Terms). User shall not assign any of a User rights or delegate any of a User liabilities or obligations under these Terms to any other person without the Company’s advance written consent. The Company may freely assign, transfer or delegate its rights, obligations and liabilities under these Terms to the maximum extent permitted by applicable law.
The Company shall not incur any liability or penalty for not performing any act or fulfilling any duty or obligation hereunder or in connection with the matters contemplated hereby by reason of any occurrence that is not within its control (including any provision of any present or future law or regulation or any act of any governmental authority, any act of God or war or terrorism, any epidemic or pandemic, or the unavailability, disruption or malfunction of the Internet, the World Wide Web or any other electronic network, the cryptocurrency network or blockchain, or any consensus attack, or hack, or denial-of-service or other attack on the foregoing or any aspect thereof, or on the other software, networks and infrastructure that enables the Company to provide the Service. With it being understood, the Company shall use commercially reasonable efforts, consistent with accepted practices in the industries in which the Company operates, as applicable, to resume performance as soon as reasonably practicable under the circumstances.
In the event that any provision of these Terms, or the application of any such provision to any person or set of circumstances, shall be determined by the court of competent jurisdiction to be invalid, unlawful, void or unenforceable to any extent: (a) the remainder of these Terms, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law; and (b) the Company shall have the right to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the Transactions contemplated hereby be consumed as originally contemplated to the fullest extent possible.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
Amendments and Modifications.
These Terms may only be amended, modified, altered or supplemented by or with the written consent of the Company. The Company reserves the right, in its sole and absolute discretion, to amend, modify, alter or supplement these Terms from time to time. The most current version of these Terms will be posted at the Website. Any changes or modifications will be effective immediately upon the edited Terms being posted to the Website. User shall be responsible for reviewing and becoming familiar with any such modifications. Any continued use of the Service after the Company posts such modifications, alterations, amendments, or updates constitutes User’s acceptance of such modifications, alterations, amendments, and updates.
«Entropy Media B.V.»
CCI number 75624974
Establishment number 000043486193
Address: Overschiestraat 59, 1062XD Amsterdam