Terms of Services

1. Introduction to Fandom

Welcome to Fandom!

These Terms of Services (“TOS” or “Terms”) govern your access to and use of the Fandom platform (which includes the Website, NFT Marketplace, all related tools, mobile applications, web applications, decentralized applications, smart contracts, and API) (“Platform”). This TOS is between you and collectively with others using the Platform - “Users” and Fandom. These Terms govern your use of the Platform and all its related tools.

This includes (without limitation):

using our services and tools to view, explore and create NFTs;
using our tools and accessing the Free Market segment of the NFT Marketplace on the Platform to list, bid, purchase, sell, or transfer NFTs on public blockchains;
participating in the Curated Collections segment of the NFT Marketplace on the Platform;
providing LP record as a gift for a purchase of certain NFTs;
and
such other services as we may provide from time to time as may be notified to you on or via the Platform(together, the “Services”). Fandom recommends that you carefully read and review the TOS. By accessing or using the Platform, you are deemed to have read, accepted, executed, and agreed to be bound by the TOS. This includes you creating, listing, selling, purchasing, or bidding on any items listed on the Fandom NFT Marketplace.

2. Definitions

2.1 In this TOS:

1. “Account” means a user account provided by Fandom to a person who has subscribed to the Services and completed the required registration process.

2. “Curated Collections” means the Curated Collections segment of the Marketplace as described in Section 6.1(a).

3. “Collectors” refer to Users who are able to navigate through the Website and the Platform and conduct purchases and sales of NFTs. Collectors do not have any intellectual property rights to NFTs.

4. “Creators” refers to Users who are approved by Fandom to upload NFTs onto the Platform. Fandom reserves the right to remove any NFTs from the Platform whenever it deems necessary (in its sole discretion) for any reason or no reason at all.

5. "Free Market" means the free market segment of the Marketplace as described in Section 6.1(b).

6. "Intellectual Property" means all intellectual property rights existing worldwide, including any patent, design (whether registered or not), copyright, trademark, protected circuit layout (or similar right), trade secret, confidential information, or other rights (including licenses) whether existing under the statute, at common law or in equity;

7. “Legal Age” means 18 years old or such other age as stipulated by any applicable law in order for an individual to enter into this TOS without parental consent.

8. "NFT” refers to a similar digital item implemented on a blockchain network (such as the Ethereum network) or on any other similar or comparable technology using smart contracts or any other similar or comparable means to link to or otherwise be associated with certain content or data.

9. “NFT Marketplace” refers to the marketplace for the trading of NFTs as set out on the Platform and includes the Curated Collections and Free Market segments described in Section 6.

10. “Platform” is defined in Section 1.

11. “Privacy Policy” means Fandom’s privacy policy as stated and updated from time to time on the Platform.

12. “Services” is defined in Section 1.

13. "TOS" or "Terms" is defined in Section 1.

14. “Transaction” means any purchase or sale of NFTs that Fandom may, from time to time, permit to be carried out on the NFT Marketplace.

15. “Users” refers to users of the Services, Website, and/or the Platform (and can include both Creators and Collectors). Users are permitted to browse, search and navigate around the Website and the Platform. Users are able to connect their digital wallet and purchase NFTs or any other similar items through means such as a simple purchase transaction or a bid if desired. Users must be of Legal Age to access the Website and use the Services.

16. "Website" refers to https://www.fandom.co/

2.2 In this TOS:

(a) references to “we,” “our,” or “us” are to Fandom, and references to “you” or “your” are to the person with whom Fandom enters into this TOS;
(b) Fandom and you are each a “Party” and collectively, the “Parties”;
(c) words indicating the singular include the plural and vice versa;
(d) references to the Parties include their respective successors in title, permitted assignees, heirs, executors, administrators, and legal personal representatives;
(e) references to “law” include any legislation, any common or customary law, constitution, decree, judgment, order, ordinance, treaty, or other legislative measures in any jurisdiction and any directive, request, requirement, guidance, or guideline (in each case, whether or not having the force of law but, if not having the force of law, compliance with which is in accordance with the general practice of persons to whom the directive, request, requirement, guidance or guideline is addressed); (f) references to the singular number shall include references to the plural number and vice versa, and “person” includes an individual, corporation, company, partnership, firm, trustee, trust, executor, administrator or other legal personal representatives, unincorporated association, joint venture, syndicate or other business enterprises, any governmental, administrative or regulatory authority or agency (notwithstanding that “person” may be sometimes used herein in conjunction with some of such words), and their respective successors, legal personal representatives, and assigns, as the case may be, and pronouns shall have a similarly extended meaning;
(f) references to the singular number shall include references to the plural number and vice versa, and “person” includes an individual, corporation, company, partnership, firm, trustee, trust, executor, administrator or other legal personal representatives, unincorporated association, joint venture, syndicate or other business enterprises, any governmental, administrative or regulatory authority or agency (notwithstanding that “person” may be sometimes used herein in conjunction with some of such words), and their respective successors, legal personal representatives, and assigns, as the case may be, and pronouns shall have a similarly extended meaning;
(g) the headings in this TOS are for convenience only and shall not affect the interpretation and construction hereof;
(h) no provision of this TOS will be construed adversely to a party solely on the ground that the party was responsible for the preparation of this TOS or that provision; and
(i) the use of the words “includes” or “including” when introducing an item or list of items does not limit the meaning of the words which follow to that item or those items or to items of a similar kind.

3. Acceptance of Terms

3.1 This TOS sets out your rights and responsibilities when you use Fandom’s Services and Platform, and as such, you must read all these terms carefully.

3.2 As part of the Platform, Fandom provides an NFT Marketplace that facilitates Transactions between “Users,” “Creators,” and “Collectors.” Fandom is not a broker, financial institution nor a broker. Fandom is unrelated to any agreements between “Users,” “Creators,” and “Collectors.” By using the Platform and/or the Services, you accept and agree to be bound and abide by the TOS and all terms incorporated herein by reference. When you accept these Terms, that means that you agree to be legally bound by them.

3.3 You hereby certify that you are of Legal Age or have obtained approval from your lawful parent or guardian. If you are a corporate organization, by accepting the TOS, you confirm that you have the representative power to act on the company/organization’s behalf. If you do not have that authority, you must not use our Services or the Platform. If you do not agree to the TOS, you must not use our Services or the Platform.

4. Account Registration

4.1 Any “User” can browse Fandom’s Platform without registering for an Account. To access and use certain features, you will be prompted to register for an Account. This includes but is not limited to participating as a “Creator” or “Collector.” You may only register for an Account if you are of Legal Age. Each registration is for a single user only, and you may only maintain one active Account with us, which is not transferable to any other person. The information you provide during account registration will be governed by our Privacy Policy. You agree to be fully responsible for the security of your Fandom Account as well as for any actions that may occur if your Account is logged in by third-parties

4.2 When registering an Account, you agree to provide us with such information as we may request for any purpose (including identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime on the Platform) (“Identity Verification Information”). Examples of Identity Verification Information include your name, residential address, telephone number, email address, date of birth, taxpayer identification number, government identification number, photo identification, username, and other information collected at the time of account registration. We may collect, use and share this information in accordance with our Privacy Policy.

4.3 If we (in our sole discretion) determine that enhanced due diligence is required, you shall provide us with any additional or other information, documents, and/or materials about yourself or your business, have face-to-face meetings with representatives of Fandom or take any other action as we may require for purposes of performing enhanced due diligence on you (the foregoing processes, "Enhanced Due Diligence") so that we may, among other things, establish the source of your wealth and source of funds for any Transactions carried out in the course of your use of the Services. We reserve the right to charge you any costs and fees associated with Enhanced Due Diligence.

4.4 By registering for an Account, you are deemed to have:
(a) consented to receive notifications from us relating to the management and operation of the Platform;
(b) authorized us to make inquiries, either directly or through third parties, as we deem necessary to verify your identity; and
(c) undertaken to provide us with information that is accurate, complete, and current at all times.

4.5 You are fully responsible for all activity that occurs under your Account. We may, in our sole discretion, refuse to open an Account for you or suspend or terminate your Account.

4.6 Updating Identity Verification Information. Post-Account opening, you must ensure that the Identity Verification Information provided to us continues to be truthful, complete, and up-to-date. You agree and undertake to keep us updated in writing if any of the information you provided to us changes or if there is any change in circumstance that may cause any such information to be provided to become outdated, false, inaccurate, or incomplete, and also undertake to provide any other additional documents, materials, and information as may be required by us. Failure to do so constitutes a breach of these Terms, which may result in immediate termination, suspension, or restriction of your access to your Account or all or part of our Services at our sole discretion. If there is any reasonable doubt that any Identity Verification Information provided by you is wrong, untruthful, outdated, or incomplete, we shall have the right to send you a notice to demand corrections, remove the relevant information, and/or terminate, suspend or restrict your access to your Account or all or part of our Services to you. You shall be solely and entirely responsible for any loss or expenses incurred during the use of the Services if you cannot be reached through the contact information provided. You hereby acknowledge and agree that you have an obligation to keep all information provided up to date if there are any changes.

4.7 Access. To access your Account or the Services, you must have the necessary equipment (such as a computer or smartphone) and the associated access to the internet. Your Account(s) or the Services can be accessed directly using the Website and/or the App or by such other mode of access as Fandom may prescribe from time to time. The use of the Website, the App, and any other mode of access may be subject to such additional terms and conditions as may be prescribed by Fandom.

4.8 Account Usage and third-party access. You must ensure that the Account registered under your name will not be used by any other person unless prior written approval is first obtained from Fandom. Any breach of security, loss, theft, or unauthorized use of your username, password, or security information must be notified to us immediately. Fandom reserves the right to terminate, suspend or restrict your access to any Account if there is reasonable suspicion by us that the person logged into your Account is not you or if we suspect that the Account has been or will be used for any illegal, fraudulent, or unauthorized purposes. Under no circumstances shall any of the Indemnified Persons 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 by reason of, or arising from, or as a consequence of, any such termination, suspension or restriction of access to any Account. Notwithstanding that Fandom may, in its sole and absolute discretion, consent to your Account being used by your approved third party, you acknowledge and agree that your granting of permission to a third party to take specific actions on your behalf shall not relieve you of any of your responsibilities under this TOS. You shall be fully responsible and liable for all acts or omissions of any third party with access to your Account (whether or not authorized by you), and any action of such third party referable to your access credentials shall be considered to be an action authorized by you. You further acknowledge and agree that Fandom shall not 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 by reason of or arising from, or as a consequence of, your Account being used by a third party.

4.9 Digital wallet addresses and bank accounts
(a) Users who are or wish to be Creators or Collectors must provide Fandom verification details of their digital wallet and bank account for receiving and sending fiat (as applicable) on the successful sale or purchase of NFTs on the NFT Marketplace.
(b) Such Users must comply with all instructions on the Platform when providing the above details, which may include a test transfer in order to verify ownership of such digital wallets and bank accounts by the Creators and/or Collectors.
(c) Fandom may reject such digital wallet addresses and bank accounts if the above instructions are not complied with or if the verification process is not (in the sole opinion of Fandom) successfully completed.
(d) Any verification by Fandom is for Fandom’s own benefit only, and no other person may rely on any such verification or non-verification by Fandom.

5. Changes

5.1 We reserve the right to amend this TOS from time to time by posting the revised TOS on the Platform and announcing such revisions through the Platform, indicating when the revised TOS becomes effective. Although, we will endeavor to provide you with advance notice where possible, we may in our sole discretion stipulate that the revised Agreement shall be effective immediately. You agree that any notification of amendments in the aforesaid manner shall be sufficient notice to you, and your continued use of the Services shall be deemed to be your acceptance of the revised TOS. If you do not agree to any amendment to this TOS, you must cease using the Services and the Platform immediately.

5.2 You agree and acknowledge that the form and nature of the Platform (including the NFT Marketplace), and any part of it, may change from time to time without prior notice to you and that we may add new or remove existing features and change any part of the Platform.

5.3 We highly recommend you review the TOS periodically to ensure that you are aware of the latest TOS. Your continued use of Services and/or the Platform after the date any amendment to the TOS becomes effective constitutes your acceptance of the new TOS

6. NFT Marketplace

6.1 Marketplace segments
The NFT Marketplace comprises the following segments:
(a) Curated Collections: where Creators may create and submit high-quality videos as NFTs Curated Collections for approval by Fandom, and if approval is obtained, title (including all intellectual property rights) to the NFT shall vest with Fandom, and Fandom shall list and offer such NFTs on the Curated Collections Segment to Collectors;
(b) Free Market: where Creators create and list their NFTs on the Free Market segment, where they are then available for purchase by Collectors who bid for and purchase those NFTs at the offered price.

6.2 Creators
(a) Creators may create NFTs and offer them for sale on the Platform. The price or consideration of such NFTs can be specified in the form of fiat, provided they are supported by Fandom. Fandom reserves the right to withdraw support of fiat currency or any other payment method at any time (for any reason or for no reason whatsoever) or support additional fiat currency, or payment method. Fandom endeavors to display on the Platform its current list of supported fiat currency, and payment methods.
(b) If a Creator wishes for their NFTs to be listed on the Curated Collections segment, the Creator must submit such NFTs (and such other information as required by Fandom) to Fandom for their review and approval, and in doing so Creator must also comply with all relevant instructions stated on the Platform. If Fandom grants its approval, title (including all intellectual property rights) to the NFT shall vest with Fandom, and Fandom shall list and offer such NFTs on the Curated Collections Segment to Collectors in accordance with such other rules as determined by Fandom. If no sale of the NFT occurs within the such time period as determined by Fandom, Fandom may terminate the listing of such NFT and return such NFT to the Creator (whereby title (including all intellectual property rights) to such NFT shall revert to the Creator).
(d) Creators may list their NFTs on the Free Market segment without having to obtain prior approval from Fandom provided that such Creators comply with all relevant instructions stated on the Platform in listing such NFTs, and they remain at all times in compliance with all of the conditions set out in these Terms.
(e) All proceeds from the sale of NFTs (less any network or gas fees and fees charged by Fandom) will be transferred to Creators at their digital wallet address or bank account (as applicable), provided such digital wallet address and bank account has been successfully verified in accordance with Section 4.9. Note that in the Curated Collections segment, as the NFTs are being listed and sold by Fandom, the proceeds from the sale of such NFTs will be paid to Fandom.

6.3 Collectors
(a) Collectors may bid for, and attempt to purchase, any NFTs that are listed for sale by Creators. Collectors must comply with all of the rules relating to each segment of the NFT Marketplace (being Curated Collections and Free Market), including all bidding and purchasing rules, as stated on the Platform from time to time.
(b) If a bid by a Collector for any NFT on the NFT Marketplace is successful, then in order to complete any purchase of such NFTs, Collectors must transfer the agreed-upon consideration (whether in the form of fiat) to the wallet address or bank account (as the case may be) as stated on the Platform, and comply with all other procedures as set out on the Platform. Failure to do so may result in the failure of the Transaction.
(c) Fandom may require that the consideration for the NFTs be paid from a digital wallet address or bank account that has been successfully verified in accordance with Section 4.9, and accordingly, Fandom may reject, cancel or reverse any Transaction if such consideration was not paid from a verified digital wallet address or bank account.

6.4 Other services
(a) Creators may pay Fandom a fee for the opportunity to have their NFTs placed in select locations within the Platform (e.g., on the homepage of the Website, other prominent positions within the Website and App, or other parts of the Platform).
(b) Fandom may, from time to time, offer additional add-on services to Users to enhance their experience, including providing marketing boosts and additional visibility to their NFTs on the NFT Marketplace.
(c) The amount of fees payable by Users in respect of the above services shall be determined by Fandom and displayed on the Platform. These fees must be paid upfront before those services can be utilized, and the payment of such fees shall, in all instances, be final and non-refundable.
(d) No warranties or guarantees are provided by Fandom in respect of the above services, and in particular, the use of such services may not lead to Users achieving any of their desired outcomes or objectives.
(e) Fandom may, from time to time, add factors of the chance to the minting process of NFTs with traits of rarity.

6.5 Canceling the Transaction
(a) Subject to Section 6.6, all Transactions undertaken on the Platform are final, and Users shall not have any right to reverse, modify or cancel any Transaction.
(b) Notwithstanding the above, Fandom may approve cancellation where the cancellation requests are appropriate based solely subjectively on Fandom’s judgment.
(c) In case of (b), if the consideration was paid by fiat or other payment method, then Fandom will, in ____ days after the request by User, return the paid fiat or other payment method minus reasonable transaction fees, including but not limited to gas fees, overhead fees, and any cost related to procuring the fiat or other payment method in the previous transaction.
(d) In case of (b), if the consideration was paid by credit card payment, then Fandom will, in ____ days after the request by User, return the paid amount minus reasonable transaction fees, including but not limited to PG fees, VAN fees, overhead fees, and any cost related to canceling the previous transaction.

6.6 Cancellation of listing and/or Transaction by Fandom Notwithstanding any other provision in this TOS, Fandom may, in its sole and absolute discretion without prior notice to any User: (1) withdraw, amend or ban any listing of NFTs on the NFT Marketplace (including in all 2 segments – Curated Collections and Free Market); and/or (2) reverse, cancel, modify and/or disregard any Transaction, under any circumstance and for whatever reason or no reason whatsoever, including but not limited to where:
(a) Fandom is compelled to do so by any applicable law, including where Fandom is required to suspend or terminate a User’s Account;
(b) a Transaction has been entered into by any User which involves an obvious error with respect to price, quantity, or other parameters ("Clearly Erroneous Transaction"). In making a determination whether a Transaction is Clearly Erroneous Transaction, Fandom will take into account the circumstances at the time of the Transaction, the need to preserve the integrity of the market, Platform, and/or Services, and the need to maintain a fair and orderly marketplace. The User agrees and understands that if Fandom determines a Transaction to be a Clearly Erroneous Transaction, Fandom may declare it null and void, in whole or in part, even if the User does not agree to cancel or modify it; and/or
(c) for technical reasons or to maintain the proper functioning of the Platform and/or provision of Services, it would be, in Fandom’s sole opinion, necessary or desirable to do so. Under no circumstances shall any of the Indemnified Persons 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 by reason of, or arising from, or as a consequence of, Fandom’s decision to withdraw, amend or ban any listing of NFTs, or to reverse, cancel, modify and/or disregard any Transaction.

6.7 Your Responsibility and Risk
(a) It is your sole responsibility and risk to ensure that you send NFTs, and fiat to the correct blockchain address or bank account (as the case may be) and that all blockchain addresses and bank accounts that you submit for verification pursuant to Section 4.9 are correct and accurate. Any NFTs, and/or fiat sent to an inaccurate blockchain address or bank account could be lost forever. Under no circumstances shall any of the Indemnified Persons 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 by reason of, or arising from, or as a consequence of, any transfer of NFTs, or fiat to an incorrect blockchain address or bank account.
(b) We may, in our sole and absolute discretion, without prior notice to you or any other Users, restrict or prohibit the transfer of NFTs, and fiat through our Platform (including, without limitation, where such transfer is not in compliance with applicable laws), and/or impose a limit on the amount of NFTs and fiat that may be transferred through our Platform. Under no circumstances shall any of the Indemnified Persons 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 by reason of, or arising from, or as a consequence of, any such transfer restriction, prohibition or limit imposed by Fandom.

7. Fees

7.1 You acknowledge and agree that, by using the Services, the fees as set out in the Platform shall apply. Those fees shall form part of this TOS.

7.2 We reserve the right to revise and update the applicable fees on our Platform at any time at our sole discretion. Any such revision or updates to the fees will apply prospectively to any Services (including any Transactions on the Platform) that take place following the effective time that the fee revision or update is published

7.3 All applicable taxes, as well as all network and gas fees, and all fees relating to hardware, software, and services that are incurred by you in the course of using the Services and/or the Platform shall be solely borne by you.

8. Intellectual Property

8.1 Subject to your compliance with the terms and conditions of this TOS, we will provide you with a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Platform and other Services

8.2 All Intellectual Property in respect of Platform, including website logos, databases, website design, text, graphics, software, photos, videos, music, sounds, and any combinations of the aforementioned Intellectual Property, any software compilation, associated source code, and software (including small applications and scripts), and all rights contained in the name of the Platform (including any goodwill, trademarks, and logos) are exclusively owned by us. You may not copy, modify, copy, transmit, or use any of our Intellectual Property or content for commercial purposes.

8.3 We shall own exclusive rights, including all Intellectual Property rights, to any feedback, suggestions, ideas, or other information or materials regarding the Platform or our Services that you provide, whether through our Services or otherwise (“Feedback”). You hereby assign to us all rights, titles, and interests to the Feedback, together with all associated Intellectual Property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.

9. Rights to NFTs

9.1 “Creators” represent and warrant to Fandom that they own all legal rights and interests in all Intellectual Property rights underlying the NFT that are uploaded by them onto the Platform.

9.2 You understand and agree that all NFTS are the property of their respective owners and may not be reproduced, imitated, or used, in whole or in part, without the permission of the relevant trademark holder. If you believe that any third-party content hosted by Fandom infringes on your copyright or trademark rights without restricting the above, please contact us atcs@fandom.co.

The Fandom team will request the below information for review and assessment:
Description of the copyrighted material that you believe has been infringed;
Exact URL of the copyrighted material that you believe has been infringed;
Your name, address, and contact information;
Signed Power of Attorney to act on the copyright owner’s behalf if you are a third party;
A written declaration that the above information is correct and you are the valid copyright owner or authorized to act on the copyright owner’s behalf.

9.3 Unless otherwise expressly stated in writing, no Intellectual Property rights relating to, or in respect of, an NFT (including its contents, imagery, audio-visuals, videos, artwork, and depiction) are granted to any Collector or any other buyer of such NFT.

10. Content (e.g., TikTok content, TikTok NFT)

10.1 Fandom allows Creators to create NFTs and limited edition digital items via TikTok. This may include materials such as visual artwork, animations, audio, and short videos, as well as any other materials that are derived from their TikTok content. Creators represent and warrant to Fandom that all such NFTs and items materials belong to, and are owned by, the Creators.

10.2 Prior to creating any NFTs or digital items referred to in Section 10.1, or otherwise making NFTs of TikTok content by using the Services, the Creators expressly and irrevocably represent and warrant that: (a) their materials are an original creation via their TikTok accounts; (2) such materials do not breach the Intellectual Property rights of any third party; and (3) such materials do not include unlicensed content, unauthorized content, harmful content, illicit and other socially unacceptable content, illegal content, and any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Creator, not authorized for use by the Creator, not in the public domain, or otherwise without a valid claim of fair use. You agree that materials acceptable via the TikTok platform may not be acceptable on Fandom.

10.3 Without limiting Section 10.2, Creators agree that they may only create an NFT or digital item that is derived from, or otherwise made NFTs, TikTok content that they have created initially and personally. Each Creator represents, warrants, and undertakes that its TikTok contents are not replicated or taken from other TikTok accounts. Fandom may conduct due diligence checks periodically on materials uploaded on the Platform via the TikTok platform.

10.4 Fandom reserves the right to remove from its Services or the Platform, or otherwise prevent from displaying, all materials and content that are illegal or otherwise prohibited by law or regulation in any jurisdiction or are intended to harass, intimidate, or violate the legal rights or privacy of any person.

10.5 Fandom reserves the right to take appropriate legal action against anyone who, in our sole discretion, violates the law or these TOS, including, without limitation, reporting such users to law enforcement authorities.

10.6 Fandom reserves the right to manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of its Services and Platform.

10.7 Fandom makes no representations or warranties as to the quality, origin, or ownership of any content found on the Platform. Fandom shall not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of materials and content found on the Platform.

10.8 Fandom shall not be liable for any errors, misrepresentations, or omissions in, of, and about the content, nor for the availability of the content on the Platform. As a condition of accessing Fandom’s Services and/or the Platform, you accept and agree to view all content generated by other Users.

11. Prohibited Activities

11.1 Prohibited actions when creating or using an Account You agree that you must not at any time:
(a) hack, phish, or steal any other User’s personal information or enter or provide false information;
(b) take over any other User’s Account by any deception or any other means;
(c) create multiple Accounts; or
(d) do any other things that would adversely affect the integrity of the Platform.

11.2 Prohibited activities when using the Platform and/or the Services You agree that you must not at any time:
(a) promote illegal speculation and/or gambling;
(b) sell or promote any illegal products or items prohibited for sale on the Internet;
(c) provide any information that helps to influence or motivate another to commit any criminal or illegal acts;
(d) install and/or distribute programs such as malicious codes and viruses to hinder the use of Services and/or to execute criminal or illegal acts;
(e) install and/or distribute programs that may interfere with, destroy, or adversely affect the regular operation of any computer software, hardware, and/or telecommunications equipment;
(f) install and/or distribute programs that are capable of stealing, distributing, or transacting other people's personal information;
(g) undertake any act that infringes on any other person’s trademarks, copyrights or any other Intellectual Property;
(h) perform or display any behavior that depicts nudity or obscene conduct, or any other conduct that is harmful to young people;
(i) perform any activity related to prostitution, sexually related, or hatred;
(j) perform any activity related to intimidation and discrimination, including but not limited to race, disability, disease, socioeconomic situation, religion, gender, sexual orientation, etc.;
(k) perform any activity related to self-harm, suicide, or present a direct and severe threat to public safety;
(l) perform any activity deemed harmful or illegal in accordance with any applicable laws;
(m) use any robot, spider, site search/retrieval application, or other devices to retrieve or index any portion of the Website or the content posted on the Website or to collect information about its Users for any unauthorized purposes; or
(n) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website.

11.3 Other prohibited activities
(a) manipulate the bidding price of materials and NFTs uploaded on the Platform. This may include but is not limited to self-bidding, taking any action to prevent bidding by others, or taking any other unfair measures that result or may result in price manipulation;
(b) create a product or service that is competitive with any of our products or services;
(c) upload any materials or take any other action that:

infringes the Intellectual Property rights of any third parties;
constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
are unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, racially, ethnically, or otherwise objectionable;
contain software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
violate any applicable local, state, national, or international law or any regulations having the force of law; further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism; and/or
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

11.4 Remedies
(a) In the event Fandom deems that you have violated any of the above provisions, Fandom may suspend or terminate the Services and/or access to the Platform without any prior notice.
(b) We may also restrict or delete your content and/or NFTs so that it is not visible byto other UserUsers.

12. Third-party services/terms

To execute Transactions on Fandom, Fandom may use third-party platforms such as TikTok and any other platform as selected by Fandom at its sole discretion. You agree and agree that your use of any third-party platforms on Fandom is subject to their applicable terms of service and/or privacy policies. Before continuing with any Transaction with any third-party platforms, it is your duty to assess their respective terms of use and/or privacy policies and perform due diligence whenever you deem necessary or reasonable. It is not the duty of Fandom to review, approve or warrant third-party platforms, and we are not responsible nor affiliated with them.

13. Indemnity

You agree to release, hold harmless, and indemnify Fandom and its affiliates and their respective officers, employees, directors, and agents (together the “Indemnified Persons”) from any and all losses, damages, expenses (including attorneys’ fees), rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Platform, any materials or NFTs, your connection to the Platform, your violation of this TOS, or your violation of any rights of any other person.

14. No Warranties

14.1 Fandom will have no liability for:
Any errors, mistakes, or inaccuracies of content;
Any unauthorized access or use of our servers;
Any unauthorized access or use of our servers;
Any viruses that may be transmitted from the Platform or third-party platforms;
Any loss or damage incurred as a result of the use of any materials posted on the Platform; Any use by you of our Services and/or the Platform; and/or
Any loss or damage caused by violation of TOS by other “Users”

14.2 “Users” agree that technologies are inherently risky and may be subject to malfunctions, hacking, thefts, or changes to the protocol rules of Ethereum Blockchain or any other applicable blockchain. This may expose you to a risk of loss of your digital currency, NFTs, or lost opportunities to buy and sell NFTS. You agree that Fandom is not responsible for these risks, and your use of the Platform is at your sole risk.

15. Limitation of liability

15.1 To the maximum extent permitted by applicable law, in no event will we and/or our affiliates, or any of our respective officers, employees, directors, and agents be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the Platform, any suspension or termination of the Services, another User’s violation of this TOS, any performance or nonperformance of the Services, or any other product, service or other item provided by or on behalf of us and/or our affiliates, whether under contract, statute or otherwise.

15.2 Notwithstanding Section 15.1, in no event will our liability, or that of our affiliates, or any of our respective officers, employees, directors, and agents arising out of or in connection with the Platform, any suspension or termination of the Services, another User’s violation of this TOS, any performance or nonperformance of the Services, or any other product, service or other item provided by or on behalf of us and our affiliates, whether under contract, statute or otherwise, exceed the amount of fees paid by you to us under this TOS in the 3-month period immediately preceding the event giving rise to the claim for liability.

16. Data Protection

16.1 You hereby agree to our Privacy Policy as set out in the Platform (as may be updated by us from time to time), and without limiting the above, you consent to our use, processing, and disclosure of your Personal Data as provided in our Privacy Policy.

16.2 You acknowledge and agree that we may process Personal Data in relation to you (if you are an individual), and Personal Data that you have provided (or in the future provide) to us in relation to your employees and other associates, or other individuals (if you are not an individual), in connection with this TOS, or the Services. We will process such Personal Data in accordance with our Privacy Policy. By registering for an Account, you represent and warrant that: (a) your disclosure to us of any Personal Data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date, and relevant when disclosed; (b) before providing any such Personal Data to us, you acknowledge that you have read and understood our Privacy Policy, and in the case of Personal Data relating to an individual other than yourself, have (or will at the time of disclosure have) provided the individual with a copy of, or directed the individual towards a webpage containing that Privacy Policy (as amended from time to time); and (c) if from time to time we notify you of a revised version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct towards a webpage containing the updated Privacy Policy, any individual whose personal data you have provided to us.

16.3 We reserve the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions program, legal process, or governmental request.

17. Disclaimers

17.1 Except as expressly provided to the contrary in writing by Fandom, the Service, the Platform, all contents contained in the Platform (“Content”), and NFTs listed on the Platform are provided as “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. Fandom (and its suppliers) make no warranty that the Service: (A) will meet your requirements; (B) will be available on an uninterrupted, timely, secure, or error-free basis; or (C) will be accurate, reliable, complete, legal, or safe. Fandom 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, the Platform,, and all contents contained in the Platform. Fandom does not represent or warrant that the Contents on the Platform are 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 Platform. Further, Fandom cannot and does not represent or warrant that the Service, Platform, Content, or any NFTs listed on our Platform 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.

17.2 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, or Transaction involving, NFTs, 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 NFTs.

17.3 NFTs are intangible digital assets. They exist only by virtue of the ownership record maintained in the Ethereum or Polygon (Matic) or Celo or Harmony.ONE or Tron or Flow or Binance Smart Chain network or other equivalent networks. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within (accordingly) the Ethereum or Polygon (Matic) or Celo or Harmony.ONE or Tron or Flow or Binance Smart Chain blockchain or other equivalent networks. We do not guarantee that Fandom can affect the transfer of title or right in any NFTs.

17.4 Fandom is not responsible for any losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of NFTs. Fandom is not responsible for any losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting NFTs, including forks, technical node issues, or any other issues having fund losses as a result.

18. Assumption of risk

You accept and acknowledge:
a. The prices of blockchain assets, including NFTs, are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the NFTs, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of NFTs will not lose money. Further, NFTs could have no value whatsoever, and all amounts paid for them could be lost.
b. You are solely responsible for determining what, if any, taxes apply to your Transactions. Neither Fandom nor any other person is responsible for determining the taxes that apply to your Transactions.
c. Our Service does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of NFTs occurs within the supporting blockchain and not on the Platform.
d. 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 wallet. You accept and acknowledge that Fandom will not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the NFTs, however, caused.
e. 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 NFTs.
f. The regulatory regime governing blockchain technologies and NFT is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.

19. Termination

19.1 You may terminate your Account at any time by submitting a close account request through the Platform.

19.2 Fandom may suspend or terminate your Account (and restrict all access to the Platform and Services) at any time without notice and for any or no reason whatsoever.

19.3 You agree that the Indemnified Persons shall not be liable to you for any suspension or termination of your Account or access to all or any portion of the Platform and/or Services. We shall have the right to keep and use data and other information related to the Account.

20. Other Terms

20.1 As Fandom is a Singapore-registered company, your use of Fandom shall be governed by the laws of Singapore. You understand and agree that your use of Fandom shall be deemed to have occurred in Singapore and be subject to the internal laws of Singapore. In the event Singapore introduces additional regulatory requirements for Fandom to remain compliant with and to operate legally, you agree to meet these additional requirements as Users of Fandom (including as Creators and/or Collectors).

20.2 In the event any provision of this TOS is found to be unlawful or unenforceable, the respective provision will be severed from the TOS. This does not affect the enforceability of the remaining provisions.

20.3 Any dispute, controversy, or claim arising out of or in connection with this TOS, or the existence, validity, breach, or termination thereof, shall be referred to and finally resolved by arbitration in Singapore administered by the Singapore International Arbitration Centre (the "SIAC") in accordance with the Arbitration Rules of the SIAC (the “SIAC Rules”) for the time being in force, which SIAC Rules are deemed to be incorporated by reference in this Section. The seat of the arbitration shall be in Singapore. The tribunal shall consist of 1 arbitrator, to be appointed in accordance with the SIAC Rules. The language of the arbitration shall be English.

21. Survival

You agree and understand that Sections 8 to 21 (inclusive) of this TOS shall survive the termination of the TOS.