Terms of Service

Introduction

Thank you for your interest in our Services, available at flooz.trade or flooz.xyz (the “Platform”), any mobile applications we may make available to you to which these Terms are posted (the “Apps”) and our non-fungible tokens (the “NFTs” or “Gen-F NFTs”) and other digital assets made available on the Platform (collectively, the “Assets”) and taking advantage of other services we may provide from time to time, including having us perform “know your customer” evaluations, allowing you to post and promote your digital assets, purchasing data from us, providing you with advertisements and sponsored content, allowing you to transact Assets through use of social media platforms where our tools are available, or other services we may make available to you (collectively, the “Flooz Services”, and together with the Apps and the Platform, our “Services”).

If the user engages with the Services under authority from a different party or on another party’s behalf, then “user” and “you” (and its variants, including “your,” “yours,” etc.) as used herein refers to that person on whose behalf the Services are used (e.g., an employer). If the person engaging with our Services is an individual, acting in their own individual capacity, then “user” and “you” (and its variants) refers to that individual. If you have anyone using the Services on your behalf, you agree that you are responsible for the actions and inactions of all such persons, as they were your own.

These Terms of Service are entered into by and between you and Flooz Inc. (the “Company”, “Flooz”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of our Services and all activities you engage in on them, even if you engage with our tools on other websites, such as on social media platforms.

These Terms incorporate by reference any secondary terms applicable to the specific type of NFT and any particular drop rules applicable thereto, which will also be made available to you at the time you purchase NFTs.  Please review all such provisions carefully to understand your obligations and what you’re getting when you purchase the NFTs.

These Terms also incorporate by reference our Privacy Policy. Please read these Terms carefully before you start to use the Services and before you buy any assets thereon. By using the Services, you accept and agree to be bound and abide by these Terms, including the Privacy Policy. If you do not want to agree to these Terms, you must not access or use our Services in any way (including trading any Assets).

The Services and all content and items thereon are offered and available to users who are 18 years of age or older only. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Services or trade or purchase any assets on them.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Services.  Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you.

IMPORTANT DISCLAIMERS

Flooz is not a broker, financial institution nor intermediary and is in no way your agent, advisor, or custodian. Flooz is a non-custodial platform and it cannot initiate a transfer of cryptocurrency or digital assets or otherwise access your digital assets.

Flooz has no fiduciary relationship or obligation to you regarding any decisions or activities that you execute in connection with use of the Services, including if you decide to acquire any digital assets that we may promote on the Services.

Unless explicitly agreed in writing, Flooz does not recommend, endorse, or otherwise take a position on your use of these Services or any information contained therein.

Flooz is not capable of performing transactions or sending transaction messages on your behalf. All transactions initiated through our Services are carried out by your wallet or other third-party digital wallet extensions.

These Terms apply to all transactions you engage in on any platform or website where these Terms are posted, including social media channels such as Telegram, even if all such transactions are carried out directly on such social media channels, and even if you never visit the Flooz Apps or Platform with respect to such transactions.

Please see the No Guarantees section for additional important disclaimers.

Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Services.

• Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Intellectual Property Rights

Except for user generated content, the Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We may use third-party trademarks in connection with indicating or describing goods or services offered by such third parties.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

• If we provide social media features with certain content, you may take such actions as are enabled by such features.

• You may offer your services to other Services users, provided you do so in accordance with these Terms.

You must not:

• Modify copies of any materials from this Services, except your own.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services, except your own content.

If you violate these Terms or provide any other person with access to any part of the Services in breach of the Terms, your right to use the Services will stop immediately. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms GEN-F, FLOOZ, FLOOZ.TRADE, FLOOZ.XYZ the Company logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

What you can do on the Services

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out below in these Terms.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation, except for those users who are permitted to post information about their services which they offer so long as all other terms hereunder are complied with.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.

• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

• Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Services.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.

• Copy, mirror or otherwise attempt to replicate or reproduce the Services.

• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Services.

You must not:

• Modify, download or copy any materials from the Services, except for those materials you have posted or created yourself.

• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

Services Functionality

While we may modify the Services, including the types of Flooz Services we offer, from time to time in our discretion, as mentioned herein, our initial Services will include access to our Platform (a part of the Services that functions as a decentralized exchange aggregator, and where you can trade crypto Assets).

To continuously improve Flooz Services, Flooz reserves the right to undertake A/B testing and may, in its sole discretion, provider users with different versions of the Services.

You acknowledge and agree that our Services (including our Services which you may access or use through third-party platforms) and any third-party services which we may make available to you may not be available to users located, residing, organized, established, or domiciled in Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, and Luhansk Regions of Ukraine, Russia, or any other country or jurisdiction against which any country maintains comprehensive economic sanctions or an arms embargo.

Wallet; Exchange and Sale of Crypto Assets

The Services may allow you to create or connect a digital wallet holding digital assets to your account. You understand that we do not hold your assets and take no custody of them. We have no access to your assets or funds. The Services may use third-party technology providers to facilitate your posting of digital assets, such as tokens, for sale, and to trade digital assets with others on the blockchain. If you use these functionalities, you agree and acknowledge that you are using those directly from the third-party provider and you acknowledge and agree that Flooz does not provide these functionalities, and has no responsibility or liability for them. Our Services include the posting of such assets at your request, and making them available for trading/selling (as well as providing any other services you request from us when you post them to the Services). It is your responsibility to ensure that you maintain control of your digital assets on the Services, and for trading them or selling them to others. Once you purchase or sell a digital asset, the transaction cannot be cancelled or recalled. Because of how the blockchain works, all purchases and sales are final and cannot be refunded or undone. Once a transaction has been recorded in a digital wallet as instructed when the transaction was initiated, it cannot be recalled or retrieved under any circumstances. You hereby agree that you are not entitled to any credit or refund for any sales or purchases you make, and that all such sales and purchases are final.

The Services may also provide links to third party payment processors to process fiat into digital assets (including on-ramp providers who allow you to buy digital assets with FIAT). If you purchase such digital assets with FIAT through the use of these links, you agree and acknowledge that you are purchasing those digital assets directly from the third-party provider. You must follow all applicable instructions given to you when you purchase such assets, and you agree to be bound by the third party’s terms of use or service, and their privacy policy. You acknowledge and agree that Flooz doesn’t provide these services, and has no liability for them. We offer them only as a convenience to you. Without limiting the generality of the foregoing, you acknowledge and agree that:

• Binance Pay is a service provided by a third party, Flooz.Link FZ-LLC, incorporated under Registration No. 98458 in the UAE. We may make Binance Pay available to you as a convenience; however, we have no liability, responsibility, or control over Binance Pay.

• The Services may also provide access to third-party solutions for wallet creation through digital identities (e.g., Google Accounts), embedded wallets and account abstraction, that may match your wallet address with your e-mail address. If you create a wallet or use such third-party services, you agree and acknowledge that you are using those services directly from the applicable third-party providers. You acknowledge and agree that Flooz does not provide such services, has no control over their security, and has no liability or responsibility for them.

• We may offer a tool on various social media platforms that allows you to activate a smart
  contract to initiate transactions directly from these social media platforms (e.g., Telegram),
  without ever visiting the Flooz Apps or Platform. In each case, these Terms will be posted to
  such platforms before you engage in such a transaction. You must accept these Terms before using such a feature. If you use such a feature, you will be required to set the permissions that you want to grant Flooz in order to access your digital wallet (including the duration for which you grant such access). As part of setting such permissions, you will be required to provide a session key to Flooz (the “Session Key”), which will allow Flooz temporary and limited access (based on the permissions you set yourself), to process the transactions you requested. Please keep in mind that while this Session Key is not the seed phrase for your wallet, it does grant access to a third party to your digital assets, and therefore sharing this Session Key with Flooz or any other party carries risk. Flooz uses a designated third-party provider in an attempt to secure your Session Key, but no party is ever completely secure, so we cannot guarantee the safety of your Session Keys. FLOOZ IS NOT RESPONSIBLE FOR, AND MAKES NO GUARANTEES WITH RESPECT TO, THE SECURITY, RELIABILITY, OR ACCURACY OF SUCH THIRD-PARTY STORAGE SYSTEMS. We rely on your instructions to facilitate the processing of such transactions and you accept full responsibility for all instructions that you provide us and the results therefrom. Also keep in mind that transactions on the blockchain cannot be undone, reversed or modified. BY USING THE SOCIAL MEDIA FEATURES, YOU HEREBY AGREE TO INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST ANY LOSSES THAT YOU OR ANY THIRD PARTIES SUFFER AS A RESULT OF YOUR USE OF SUCH TECHNOLOGIES.
  
  
  
  

We are not responsible for the keys to any digital assets or your seed phrase, or their loss or disclosure to others. Flooz does not maintain your seed phrase, and is not responsible for its safe keeping. It is your responsibility at all times to ensure you have such credentials and maintain it securely. ANY LOSSES YOU SUFFER RELATING TO YOUR CRYPTO ASSET TRANSACTIONS, DIGITAL KEYS AND WALLETS, AND EXCHANGES (WHETHER ON THE SERVICES OR ON ANY THIRD-PARTY PLATFORM THROUGH WHICH YOU USE THE SERVICES) IS YOUR RESPONSIBILITY AND YOU HEREBY INDEMNIFY US, AGREE TO DEFEND US, AND HOLD US HARMLESS AGAINST ANY CLAIMS OR LOSSES THAT YOU OR ANYONE ELSE SUFFER AS A RESULT OF YOUR CRYPTO ASSET TRANSACTIONS, EVEN IF YOU INITIATED YOUR TRANSACTION BY ACCESSING OUR SERVICES. If, once we post the digital assets to the Services, the assets are somehow transferred to a third party you didn’t intend to have them, it is your responsibility to get them back. You hereby hold us harmless and indemnify us against any losses you or anyone else suffers as a result of your posting or trading of digital assets on the Services or on any third-party platform through which you use the Services. PLEASE KEEP YOUR SEED PHRASE AND DIGITAL KEYS SAFE, AS FLOOZ DOES NOT HAVE THEM AND DOES NOT KNOW THEM. IF YOU LOSE THESE KEYS OR SEED PHRASE, YOU MAY LOSE ACCESS TO YOUR ASSETS.

You also understand that we do not act as your financial advisors or give you any investment advice of any kind with respect to what assets you choose to hold in your wallet or any trading thereof. As with any trading activities on the Services, it is your responsibility and you are solely responsible for the contents of your wallet, your purchase decisions, how and when you trade digital assets and with whom. It is also your responsibility to ensure you understand crypto assets, how they work, what their value is, and about trading and purchasing such assets, as there are significant risks in doing so, all of which you solely assume. The wallet you use on the Services may not connect or allow purchase, storage or trading of all virtual currencies or assets. Please see the list of supported networks on our website for further information on what assets can be transacted at this time. This list may change from time to time.

We may suspend your use of or cancel your use of the Services for any reason, including if we believe you have engaged in or are about to engage in any kind of fraud, if required pursuant to applicable laws, or you violate these Terms. We may provide you with notice of suspension, but do not undertake an obligation to do so. We may change the functionality of the wallet or the trading Services at any time, which means some networks could no longer be supported after a time. You acknowledge that this is the case, and accept this risk. Given that the wallets are non-custodial, we do not perform any activities to vet users prior to allowing them to create their wallets or trade assets. You acknowledge that this is a risk you accept when you interact with the wallet or other users of the Services, whether on the Services or on any third-party platform through which you use the Services. Our trading Services may at times make mistakes and be susceptible to access, manipulation, and malfeasance by third parties. You accept the risk that your transactions may be improperly processed, or not processed at all. We will not be liable for any such event. You hereby hold us harmless from any such event. We offer no guarantees and shall not provide any refunds for any services you paid for the sale or trading of the assets, even if you lose such assets.

Subscription Services

Flooz may offer subscription-based Services (“Subscription Services”) to all users, including consumers and business customers. Subscription based service may include the sale of blockchain data and other data-services. The Subscription Services are available to users pursuant to a paid plan which will be published to you when you sign up for them (including the method of payment, which may include credit card, blockchain transfer, or payments made through a third-party payment processor). All payment obligations are non-cancelable, and all amounts paid in connection with the Subscription Services are non-refundable. The user is responsible for paying all fees applicable for use of the Subscription Services, whether or not that user actively used, accessed or otherwise benefited from the Subscription Services. All prices and fees are excluding VAT or any other taxes due.

To the extent that Flooz has agreed to provide such Subscription Services to the user, Flooz hereby grants to the user a non-transferable, non-exclusive, non-sublicensable, revocable, limited term right and license for the user to access and use the Subscription Services. The user may not transfer, sub-licence or in any other way provide, permit, make available, or utilize the Subscription Services for use by a third party (e.g., through time-sharing, as a service or otherwise). The Subscription Services may provide premium Services to our users, including discovering, tracking and interacting with blockchain data. Flooz reserves the right to implement new versions and upgrades of the Subscription Services including, but not limited to, changes that affect modifications to the design, operational method, technical specifications, systems, and any other format or function of the Subscription Services, at any time without prior notice.

The user may not in any way modify, decompile, disassemble or reverse engineer the Subscription Services except as permitted by law.

USER ACKNOWLEDGES AND AGREES THAT THE SUBSCRIPTION SERVICES SHALL BE SUBJECT TO ALL RESTRICTIONS AND OBLIGATIONS SET FORTH HEREIN, AND UNLESS THERE ARE SEPARATE TERMS APPLICABLE, SHALL BE CONSIDERED “SERVICES’ HEREUNDER.

Staking

Flooz may enable users to access staking services offered by third-party providers and any rewards payable to users in connection with such staking services will be handled directly by the applicable third-party providers. You acknowledge and agree that Flooz does not and will not take custody of your funds. Flooz does not guarantee that you will receive any rewards from such staking services nor does it guarantee the rates provided by the applicable third-party provider. Any information that we may provide you with concerning possible rewards (i) is an estimate only and not guaranteed, (ii) is based on the then-current DeFi Rate, which may change, and (iii) may be more or less than any on-chain rewards. In exchange for making any third-party staking services available to users, Flooz may charge users fees for staking. In addition to (i) the risks described in these Terms and (ii) the risks described in the terms of the third-party providers making the staking services available to you, you must also consider carefully all the risks arising out of participating in a DeFi staking, including but not limited to:

• The risk that the digital assets you stake may be lost or its value decreases significantly, because, among other things:
  • You are putting your digital assets directly into smart contracts owned by third-party providers and not by Flooz;
  • Staked assets are outside of Flooz’s control and Flooz cannot guarantee the return of staked assets;
  • Events may occur at the protocol level (including, but not limited to, hacks, exploits, or poor economic models), which are outside of Flooz’s control;
  • There may be unforeseen market movements;
  • There are inherent risks of each DeFi project, including, but not limited to, the rules of the smart contract, the protocol, and the use of your digital assets; and
  • The third-party providers may suspend, discontinue, and/or terminate their business, or otherwise close, suspend, or stop trading.

  IN NO EVENT WILL FLOOZ BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSSES (INCLUDING LOSS OF PROFITS, BUSINESS OR OPPORTUNITIES), DAMAGES, OR COSTS ARISING OUT OF OR IN CONNECTION WITH STAKING.

Third Party Services

In addition to the foregoing third-party staking service, Flooz may incorporate resources provided by third parties into the Services, including links contained in advertisements, banner advertisements, sponsored links, and Flooz may make the Services available on or through third-party platforms (such third-party resources or linking shall be referred to collectively herein as the “Third-Party Services”). Any Third-Party Services made available by Flooz are provided for your convenience only and the availability of such Third-Party Services does not constitute an endorsement by Flooz of the same. Third-Party Services are not under Flooz’s control and are not part of our Services. Flooz makes no representation or warranty regarding any Third-Party Service, including its availability, security, or suitability for use with or in conjunction with Flooz’s Services. Any proprietary right or interest to any Third-Party Service and any content provided therein belongs to that third-party provider subject to any agreement that user may have entered into with respect to such Third-Party Service. If you decide to access or use a Third-Party Service, your activity and use is governed by the Third-Party Service’s terms and conditions, not by those of Flooz. A list of the terms of such Third-Party Services is provided here. You are responsible for reviewing this list of Third-Party Services and their respective terms and privacy policies each time you access or use the Website, as such terms are binding on you. By accessing or using the Website, you consent to our use of these Third-Party Services providers and agree to be bound by their respective terms and privacy policies, to the extent they are applicable to you.

Flooz Services

The Flooz Services may include allowing you to buy ads on our Platform where you can promote your digital assets, and collecting and selling data aggregations and other elements gleaned from the blockchain. We reserve the right to modify our Flooz Services at any time, adding or removing such services, or changing the way we provide them.

Please be advised that we allow you to use space on our Platform to promote your digital assets, but we are not responsible for those assets or the manner of promoting them.  We provide solely a section of digital real estate where our customers can make their posts, but do not select the content or evaluate it. These spaces for you to post your digital assets are like classified ads, and we take no responsibility for them whatsoever. You bear sole responsibility for the digital assets and materials you use in such promotions.  You hold us harmless, and indemnify us from and against any claims arising in connection with your digital assets and your promotional materials and activities, on and off the Platform, including any regulatory fines or costs associated with regulatory investigations related to your digital assets, and in the event that your digital assets are removed or no longer available after they are promoted on our Platform.

Advertisements and Sponsored Content

Flooz may provide advertisements or sponsored content on the Services, relating to products, services, or digital assets of third parties (including other Platform users). You acknowledge and agree that the sponsored content may be shown alongside other content provided for informational purposes. By using the Services, you acknowledge and agree that the Services may contain promotions, advertisements, and/or sponsored content, and you agree to hold Flooz harmless from and against any claims or losses you suffer as a result of viewing or making use of such content.
You acknowledge that third parties may have the ability to post sponsored content on the Services and that these third parties may pay Flooz to display it. You understand and agree that, while we may receive a benefit from posting that content (e.g., payment), we do not control the products, services or digital assets described or advertised through such content, and are in no way responsible for them, or for how you use them. Trading in digital assets or your reliance on this information is at your own risk.

Taxes and Fraud

Depending on your location of residence, you may owe taxes on amounts you earn after selling digital assets, including crypto currencies and NFTs.  It is your responsibility to ensure you have accounted for, reported to the proper governmental authority, and paid all such taxes to the applicable governmental authority.  We do not undertake any obligation to report any such taxes, nor collect or disburse them on your behalf.  The taxes you owe are solely your responsibility.  You hold us harmless and release us from and against any claims, losses, damages or demands arising in connection with taxes you may owe as a result of your transactions on the Services.

If we believe that you have engaged in or been a participant in any fraudulent transaction, we reserve the right to take any action we think appropriate, including forwarding your information and information about the transactions we believe or suspect to be fraudulent to applicable law enforcement agencies, which may result in civil or criminal penalties or other actions against you.

Risks

The NFTs are meant to be a token for you to collect. They are not meant as investment vehicles. We make absolutely no promise or guarantee that these NFTs will be worth anything. You understand that they have no inherent monetary value, and they should be treated as a fun and beautiful collectible with significant utility.

You acknowledge and agree that digital assets are volatile and risky, and their trading is affected by many factors outside our or your control. You are solely responsible for any transactions, and for all fees that you may incur as a result of your acquisition or sales of digital assets, including (without limitation) “gas” costs. Our Services do not control the timing of any transaction (including if our Services are used through any third-party platform), yet you acknowledge that the time of a transaction can affect the value of the asset or the fees associated with a transaction or both. You hereby agree that you hold us harmless against any and all claims arising from the transaction of your digital assets, or the timing of such transactions. Digital assets are not legal tender and are not backed by any government. Digital assets are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections. Flooz is not a bank, and we have no fiduciary duty to you. We make no guarantee as to the functionality of any digital asset network which might cause delays, conflicts of interest or might be subject to operational decisions of third parties that are unfavorable to you or affect your digital assets, or lead to your inability to complete a transaction using our Services. You hold us harmless from and against any losses you suffer as a result of your use of such third-party services, networks and protocols, even if you access them from our Services or access our Services therefrom. There are no guarantees that a transfer initiated via your wallet on the Services will successfully transfer title of or right in any digital assets. You acknowledge that, while our software has been tested, it is still relatively new and could have bugs or security vulnerabilities. You further acknowledge that the software is still under development and may undergo significant changes over time that may not meet users’ expectations. You acknowledge that your use of certain technologies (e.g., jailbreaking tech) on the device with which you access the Services, may cause our software not to work. You acknowledge that you accept all risk associated with your use of such advanced technologies, and any errors they may cause. You hereby hold us harmless from any losses you suffer as a result of your use of such technologies.

Digital assets and use of our wallet and Services may be subject to expropriation and/or theft. Hackers or other malicious actors may attempt to interfere with our Services or your use thereof in a variety of ways, including, but not limited to, use of malware, denial of service attacks, Sybil attacks, and spoofing. Furthermore, because much of our Services rely on open source software, there is the software underlying our code that may contain intentional or unintentional bugs or weaknesses which may negatively affect the Services, or result in the loss of your digital assets, or your ability to control your wallet. You hold us harmless from and against any losses you suffer as a result of such issues. You agree that your use of the Services is subject to, and you will comply with any, applicable open-source licenses governing any such open-source components. We do not guarantee that our Services will be available without interruption. The information on our Services may not always be entirely accurate, complete or current. Information on the Services may be changed or updated from time to time without notice, including information regarding our policies, products and services. Accordingly, you should verify all information before relying on it. All decisions you make based on information provided through the Services are your sole responsibility and you hold us harmless from and against any losses you suffer as a result of such decisions. The Services may contain materials offered by or created by third parties, or the Services may be available through third-party platforms. All such materials, third-party platform availability, and links to third party websites are provided as a convenience only. We do not control such materials, and provide no guarantee as to their accuracy, completeness, legality or usefulness. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any such third-party materials accessible or linked to or from the Services. You agree and understand that all investment decisions are made solely by you. You agree and understand that under no circumstances will the operation of the Services and your use of it be deemed to create a relationship that includes the provision of or tendering of investment advice. NO FINANCIAL, INVESTMENT, TAX, LEGAL OR SECURITIES ADVICE IS GIVEN THROUGH OR IN CONNECTION WITH OUR SERVICES. No content found on the Services, whether created by us or another user is or should be considered as investment advice. You agree and understand that we accept no responsibility whatsoever for, and shall in no circumstances be liable in connection with, your decisions or your use of our Services, including use of our Services through a third-party platform. Nothing contained on the Services constitutes a solicitation, recommendation, endorsement, or offer by us or any third party to buy or sell any digital assets, securities, or other financial instruments. Neither us nor any of our affiliates has: (1) evaluated the merit of any digital assets available through the Services; or (2) has endorsed or sponsored any digital assets made available.

What you can do with NFTs you buy on our Services

Once you have purchased your Gen-F NFT, you will own a single copy of the artwork represented within the NFT only, which you understand and agree may not be the only copy (although as of the initial Gen-F NFT launch, we expect that each NFT will be unique). For so long as you are the owner of the Gen-F NFT, you may also use the artwork on that Gen-F NFT you own for any purpose, personal or commercial, including to post a copy of it to social media pages, to use the artwork as an avatar online; or even to sell or distribute copies of the image in other media; provided, that in each case: (i) you don’t engage in any illegal activity in doing so; (ii) you don’t disparage anyone associated with the Gen-F NFTs or the Company; (iii) exercise your rights granted herein in a libelous or malicious manner; (iv) you don’t engage in any competitive business with the Company or our partners; and (v) you do not attempt to create an association between you and the Company, and you don’t attempt to mislead the public as to your relationship with us, or induce people to believe, by act or omission, that you are related to or affiliated with the Company. Anyone who acquires the Gen-F NFT from you is a successor to these Terms, and shall be bound by them. It is the responsibility of the Gen-F NFT owner to, upon transfer, ensure these Terms are transferred to any subsequent purchaser of the Gen-F NFT.

All NFTs with a trait from Daily Paper Retail B.V. are considered third party artist items. You may not modify or commercialize these third-party artist items (or anything including or embodying it). Certain components (e.g., traits including Daily Paper Fashion) relating to one or more avatars or other related content were developed by, and remain owned by Daily Paper Retail B.V. These components are © 2022 Daily Paper Retail B.V. All rights reserved by Daily Paper Retail B.V. If any avatars or other related content include any traits or other components created by Daily Paper Retail B.V., then it may NOT be modified or commercially exploited, in whole or in part, by you (or your successors, assigns, or transferees), directly or indirectly, notwithstanding anything to the contrary.

All NFTs with a trait from ABOUT YOU SE & Co. KG. are also considered third-party artist items. You may not modify or commercialize these third-party artist items (or anything including or embodying it). Certain components (e.g., traits including About You Fashion) relating to one or more avatars or other related content were developed by, and remain owned by Flooz Inc. These components are © 2022 Flooz Inc. and ABOUT YOU SE & Co. KG. All rights reserved by Flooz Inc. and ABOUT YOU SE & Co. KG. If any avatars or other related content include any traits or other components related to ABOUT YOU SE & Co. KG, then it may NOT be modified or commercially exploited, in whole or in part, by you (or your successors, assigns, or transferees), directly or indirectly, notwithstanding anything to the contrary.

All NFTs with a trait from Awoo Studios (Fang Gang) are considered third-party artist items. You may not modify or commercialize these third party artist items (or anything including or embodying it). Certain components (e.g., traits including Awoo Studio Traits) relating to one or more avatars or other related content were developed by, and remain owned by Flooz Inc. These components are © 2022 Flooz Inc. and Awoo Studios. All rights reserved by Flooz Inc. and Awoo Studios. If any avatars or other related content include any traits or other components related to Awoo Studios, then it may NOT be modified or commercially exploited, in whole or in part, by you (or your successors, assigns, or transferees), directly or indirectly, notwithstanding anything to the contrary.

Third Party Uses Are Not Restricted

Nothing in these Terms is meant to limit you or a third party from (i) owning or operating an non fungible token marketplace that permits the use or sale of the NFTs, so long as the marketplace cryptographically verifies the ownership of the NFT to ensure that only the bona fide owner can use and display their NFT; and (ii) owning or operating a third party website or application that permits the inclusion or involvement of the NFT generally, provided that the website or application verifies the ownership of the NFT to ensure that only the actual owner can use and display their NFT. Furthermore, nothing in these Terms is meant to restrict a third-party website’s ability to build tools which track traits or sales.

User Contributions

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, collaboration boards, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material to make it available on the Services to be seen by other members.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

• All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you post, submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.

• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Services (or after), and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

• Be likely to deceive any person.

• Promote any illegal activity, or advocate, promote, or assist any unlawful act.

• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.

• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy below for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Copyright Policy

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.

• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.

• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the written notice is accurate.

• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Fabian Schönhaus

Flooz Inc.

8605 Santa Monica Blvd

PMB 94419

West Hollywood, CA 90069

Phone: 2058583661

Email: copyright@flooz.xyz

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Services may provide certain social media features that enable you to post content or interact with other users.  You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.

• Cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

• Otherwise take any action with respect to the materials on this Services that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Services can also contain materials uploaded by other users. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Services, or download or buy any content or services from other users, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or terms of such sales or services agreements.  Please review those carefully to ensure you understand the terms you are agreeing to when using those materials or websites or when accepting services to be performed by other members.

Geographic Restrictions

The owner of the Services is based in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Reliance on Information Posted

The information presented on or through the Services (including if you access the Services through any third-party platform) is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or platforms provided by any third parties.

Customer Support Disclaimer

The company may provide customer support services to assist users with inquiries and issues related to our services. While we strive to offer accurate and helpful information, the company shall not be held liable for any statements, advice, or actions of customer support representatives. The company, including its customer support agents, does not provide financial, investment, or legal advice. Any information, guidance, or suggestions offered by the company or its representatives, are for informational purposes only and should not be construed as professional advice. The company will never request sensitive information such as seed phrases, private keys, banking information or similar confidential information from users. Users are strongly advised to exercise caution and refrain from sharing such information with anyone claiming affiliation with the company. The company shall not be responsible for any losses incurred due to the sharing of sensitive information. The company shall not be liable for any damages, losses, or claims arising from the statements, advice, or actions of customer support representatives. Users are encouraged to independently verify information and seek professional advice regarding financial or security matters.

No Guarantees; Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DENIAL-OF SERVICE OR DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR MATERIALS LINKED TO IT, OR ON ANY PLATFORM ON WHICH THE SERVICES ARE MADE AVAILABLE.

YOUR USE OF THE SERVICES, THEIR CONTENT, ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING THOSE USED ON THIRD-PARTY WEBSITES OR PLATFORMS, AND ANY SERVICES OR ITEMS ADVERTISED OR PROMOTED ON THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR WHICH YOU IDENTIFIED AFTER USING OUR SERVICES (E.G., TOKENS ADVERTISED ON THE PLATFORM) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, THE NFTs OR ANY SERVICES OR GOODS YOU CAN ACCESS OR LEARN ABOUT ON THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OR LEARNED ABOUT ON OR THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OR DISCUSSED ON THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE NFTs, ANY DIGITAL OR CRYPTO ASSETS TRADED ON OR THROUGH THE SERVICES, ANY INFORMATION POSTED OR ADVERTISED ON THE SERVICES,  ANY GOODS OR SERVICES OBTAINED THROUGH OR THAT YOU LEARN ABOUT THROUGH THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY THIRD-PARTY PLATFORMS THROUGH WHICH THE SERVICES ARE MADE AVAILABLE, OR ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOU AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LOSSES YOU MAY INCUR AS A CONSEQUENCE OF MINTING YOUR NFT, PURCHASING ANY DIGITAL ASSETS, OR ACCESSING OR USING OUR PLATFORM. THESE POTENTIAL LOSSES INCLUDE ANY GAS FEES FOR FAILED TRANSACTIONS, ANY EXCESSIVE GAS FEES CHARGED DUE TO SERVICES OR SMART CONTRACT BUGS, AND ANY LOSS OF YOUR NFT OR CRYPTO ASSETS OR, GOODS DUE TO SERVICES OR SMART CONTRACT BUGS OR ANY FAILURE OF SECURITY OF A THIRD-PARTY SERVICE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law; Arbitration

All matters relating to the Services, the NFTs any goods or services obtained through the Services, or any activities you engage in on the Services, and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the state of  New York without giving effect to any choice or conflict of law provision or rule (whether of the state of New York or any other jurisdiction).

Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, our SERVICES, the NFTs, THE SERVICES OR GOODS YOU ACQUIRE ON THE SERVICES, or YOUR  MEMBERSHIP (or any portion or all of the foregoing), including the breach, termination or validity of these Terms, shall be finally resolved by arbitration. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement

The Terms, including our Privacy Policy, constitute the sole and entire agreement between you and Flooz Inc. regarding the Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services and the NFTs.