Terms of Use - FASHION LEAGUE

Terms Of Use

1. Introduction
The following Terms of Use (hereinafter – “Terms of Use”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Finfin Play (“we”, “us”, or “our”) regarding your access to and use of the website www.playfashionleague.io and the Fashion League App (mobile app, PC app) as well as any other asset from social media channels, social networks, communities or mobile applications related, linked, or otherwise connected thereto (collectively, the “Site” and the “App”). You should read these Terms of Use carefully to determine which provisions apply to you. By using any of the services, functions, or features offered from time to time on the Site, you agree to these Terms of Use.

2. Scope
2.1. These Terms of Use provide general information regarding Fashion League (hereinafter – “Project”) and using the Site and App.
2.2 More detailed information regarding Fashion League can be found here: https://www.playfashionleague.io.

3. Acceptance and Changes to Terms of Use
3.1. Any and all terms, conditions, licenses, limitations, and obligations contained within and on the Site and App are incorporated into these Terms of Use by reference, including, without limiting the generality of the foregoing, the following the Site’s policies and pages: the Privacy Policy; the Risk Disclaimer and any other documents that might be announced in the Site. In particular, note that all transactions of cryptocurrencies on or off the Site and App may be subject to fees. In the event of any inconsistency between these Terms of Use and any other pages or policies on the Site, Terms of Use shall prevail.
3.2 By creating an account on the Site and App or by using any of the Services or any associated websites, or mobile applications, you acknowledge that you have read, understand, and completely agree to these Terms of Use in effect from time to time. If you disagree with these Terms of Use or with any subsequent amendments, changes, or updates, you may not use any of the Services; your only recourse in the case of disagreement is to stop using all of the Services.
3.3 Some of the Services may not work properly from time to time. We may not be held responsible for any damages you may have because of any failures of the Site and App or Services.
3.4 These Terms of Use may be amended, changed, or updated by us at any time and without prior notice to you. You should check back often to confirm that your copy and understanding of these Terms of Use are current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Use, as modified by such amendments, changes, or updates.
3.5 Information on the Site, the App, and the Services are not intended for distributing to or being used by any single person or entity in any jurisdiction or country where such distribution or use would be against its existing laws or regulations as well as any circumstance would subject us to any registration requirements within the territories of said jurisdiction or country. People who make their decisions to access the Site, the App or use any of the Services outside of our base country are doing so on their own choices and therefore are legally eligible for compliance with local laws.
3.6 The use of the Site and App and any Services is void where prohibited by applicable law.

4. User Representations
By using the Site, the App, and the Services, you represent yourself and agree that:
4.1 If you are an individual visitor, you are 18 years of age or older and that you have the capacity to contract under applicable law;
4.2 If you are not an individual visitor, you have the requisite power and authority to sign and enter into binding agreements for and on behalf of the customer;
4.3 You understand the risks associated with using the Site, the App and Services, participation in Project, and you are not otherwise prohibited by law from using the Site, the App and Services, and participation in Project;
4.4 You will not use the Site, the App or any Services or Project in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband cryptocurrencies or proceeds;
4.5 You will not use the Site, the App or any Services, or participate in Project with anything other than cryptocurrencies that have been legally obtained by you and that belong to you;
4.6 You will not falsify any account registration details provided to us;
4.7 You will not falsify or materially omit any information or provide misleading information requested by us in the course of, directly or indirectly relating to, or arising from your activities on the Site, the App or use of any Services, including at registration;
4.8 Any instructions received or undertaken through your login credentials or from your authorized e-mail address on file with us are deemed to be valid, binding, and conclusive, and that we may act upon those instructions without any liability or responsibility attaching to it; and,
4.9 You will fairly and promptly report all income associated with your activity on the Site and the App pursuant to applicable law and pay any and all taxes eligible thereon;
4.10 You understand that cryptocurrencies are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate inherent risks.
4.11 You agree that we are not responsible for determining whether or which laws may apply to your transactions, including tax law. You are solely responsible for reporting and paying any taxes arising from your use of the Site, the App and Services.

5. Limited License to Use the Website
5.1 If you comply with these Terms of use, we grant you the limited right to use the Site, the App, and the Services. The right to use the the Site, the App, and the Services is a personal, restricted, non-exclusive, non-transferable, revocable, limited license, and it is subject to the limitations and obligations in these Terms of Use. Nothing in these Terms of Use gives you any license (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site, the App, and the Services. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the content, in whole or in part.

6. The Website and Services Accuracy
6.1 Although we intend to provide accurate and timely information on the Site, the App and while providing Services, the Site (including, without limitation, Services) may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products, and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site and the App are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party Websites accessible or linked to the Site and the App.

7. Intellectual Property & Copyright
7.1 Apart from other noted indications, the Site and the App and the Services are our proprietary properties as well as all source codes, databases, functionalities, softwares, website designs, audios, videos, texts, photographs, and graphics on the Site and the App (collectively, the “Content”). Trademarks, service marks, and logos (the “Marks”) are owned and legally licensed to us, controlled by us, and are protected regarding registration of intellectual property copyright. Apart from uses stated and provided in these Terms of Use, no part of the Site, the App as well as the Smart Contract and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purposes whatsoever, without asking for our legal approval.
Provided that you are eligible to use the Site, the App, and the Services, you are granted limited access to and use of the Site to download or print a copy of any portion of the Content regarding personal, non-commercial uses.
7.2. You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on the Site or one of Fashion League’s social media accounts, regarding Fashion League, or the Services (hereinafter collectively – “Feedback”) that are provided by you, whether by email, posting to the Website or otherwise, are non-confidential and will become the sole property of Finfin Play. Finfin Play will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. User Registration
8.1 To use certain features of the Site, the App and Services or to participate in Project you may be required to provide us with certain personal information for Know Your Client (KYC) purposes, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update us if any information changes. You hereby authorize us to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to whom such inquiries or requests may be directed to fully respond to such inquiries or requests.
8.2 You should have control over your password confidentiality and will be responsible for the use of your account and password. We reserve the right to remove, reclaim or change a username you selected if we determine that such username is inappropriate or appears as irritation to other users.
8.3 We may, in its sole discretion, refuse to allow you to establish an account or limit the number of accounts that a single user may establish and maintain at any time.
You are required to register upon accessing the Site, the App, and the Services.

9. Wallets and Digital Assets
9.1 We allow our users to access and manage ERC721 digital blockchain-based assets (“Digital Assets”). Your wallet, Digital Assets, and cryptocurrencies are completely in your own control. You alone are responsible for manipulating your fund to perform any transfers of Digital Assets. We cannot interfere with any of your Digital Assets’ storage and transactions from your wallets in any case.
9.2 We do not maintain any blockchain wallets. You hereby acknowledge and agree that Fashion League has no liability or control over the safety, suitability, quality, delivery, legality, or other aspects of any of your Digital Assets.

10. Fees
10.1 You can purchase and trade Digital Assets on our Marketplace. Once the Marketplace and peer-to-peer transactions are launched, please note that such transactions are conducted solely through the Blockchain via a designated wallet and currency. We will keep no information and have no control over any transactions, nor can we support in reversing any of those transactions. We have no liability to you or to any third party for any alleged problems that arise during trades and transactions conducted via the Smart Contract.
10.2 The Blockchain requires the payment of a transaction fee for every transaction that occurs in the marketplace.
10.3 Each time you use the Smart Contract to conduct a transaction with another user via the App, you agree to allow us to collect a commission of 5% of the total value of that transaction. This commission will be re-injected to the Play to Earn pools of Fashion League’s game and ultimately will go back to the players. You should have a clear understanding that the commission will be transferred directly to us through the Blockchain as a part of the transaction.
10.4 We and you are legally responsible for paying any types of cost, duty, and tax as your government requests. Such numbers will vary according to your jurisdictions and countries as well as the national laws and regulations.
10.5 We have no liability and will provide no data, no support to you in such processes.

11. NFT and Token sale conditions
11.1 We reserve the right to conduct Fashion League’s NFT (“NFT”) and Token (“DSIGN”) sales. Funds raised will be used towards the development of Fashion League to cover any expenses (for example salaries, licensing fees, marketing expenses, office rents of acquisition payments, investments in other projects, which may help the project to be developed, etc.), and to fund the play-to-earn pools of the Site and the App.
11.2 More information regarding Project can be found at http://www.playfashionleague.
11.3 We reserve the right to limit the amount of NFTs and Tokens purchasable by one person.
11.4 The Project conditions are indicated in more detail in our Whitepaper, the Site, and at http://www.playfashionleague which are an integral part of these Terms of Use and you agree to be bound by them.
11.5 Any detected double spends of cryptocurrency and/or tokens will result in no NFT or DSIGN being provided to the relevant party.
11.6 NFT and DSIGN are available for purchase to eligible buyers only during the announced periods of the Project period as indicated in these above-mentioned sources of information.

12. Third Party Websites and Advertisement
12.1 This Site and App may include links and advertisement to third-party websites; you may redirect to such third-party websites as the user of this Site and App.
12.2 The third-party sites are not under the control of us, we are not responsible for the content of any third-party websites and/or any links and advertisements contained in the third-party websites.
12.3 We are providing these links and advertisements to the third-party websites to you only for your convenience and we are not responsible for any kind of loss/damage arising out of it and the access to or any other act on such third-party links shall be entirely at your risk.

13. Termination
13.1 These Terms of Use remain in full force and effect while you use the Site, the App, and any of the Services.
13.2 We reserve the right and can conduct the following actions as of our own sole discretion and without warning or liability, and at our sole discretion: deny access to and use of the Site, the App, the Smart Contracts (including blocking IP Addresses) and any of the Services to any person for breach of any presentation, warranty, or covenant contained in these Terms of Use.
13.3 If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
13.4 In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

14. Limitation of Liability & Release
14.1 Trading and cryptocurrencies markets are volatile and shift quickly in terms of liquidity, market depth, and trading dynamics. You are solely responsible and liable for knowing the true status of any position or contract with any other party on the Site and the App, even if presented incorrectly by the Site and the App at any time.
14.2. You acknowledge and agree:
14.2.1 to be fully responsible and liable for your actions and inactions on the Site, the App or Project and all gains and losses sustained from your use of the Site and App and any of the Services or participation in Project;
14.2.2 to be fully responsible and liable for all of your obligations with respect to any financing activities on the Site, the App or Project; and
14.2.3 to be fully responsible for safeguarding access to, and any information provided through, the Site, the App, and any of the Services, including, but not limited to, private keys, usernames, passwords, and bank account details. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your accounts by third-parties and the loss or theft of any Digital Currency and/or funds held in your accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your account profile in order to receive any notices or alerts that we may send you. We assumes no responsibility for any loss that you may sustain due to compromise of account login credentials and/ or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Fashion League account information has been compromised, contact Fashion League‘s Support immediately at info@finfinplay.com.
14.3 There is no guarantee against losses on the Site and the App. We cannot guarantee to stop losses. We will not be and are not responsible for any other party using the the Site and the App.
14.4 We assume no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as “Losses”) directly or indirectly arising out of or related to:
14.4.1 These Terms of Use;
14.4.2 The Site and App, and your use of it;
14.4.3 The Services, Platform, DSIGN, and your use of any of them;
14.4.4 Project
14.4.5 Any inaccurate, misleading, or incomplete statement by us or on the Site and the App whether caused by our negligence or otherwise;
14.4.6 Any failure, delay, malfunction, interruption, or decision (including any decision by us to vary or interfere with your rights) by us in operating the Site, the App, Project or providing any Services;
14.4.7 Any stolen, lost, or unauthorized use of your account information any breach of security or data breach related to your account information, or any criminal or other third party act affecting us or any Associate; or,
14.4.8 Any offer, representation, suggestion, statement, or claim made about us, the Site, the App, or any Service by any Associate.
14.5 You hereby agree to release the Associates from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.

15. No Class Proceedings
15.1 You and we agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. No adjudicator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one Fashion League user cannot and may not affect any other Fashion League users.

16. Prohibited Use
16.1 You may not access or use the Site, the App, and the Services for any purpose other than those for which we make the Site, the App, and the Services available. The Site, the App, and the Services may not be used in connection with any commercial activities if not approved by our legal teams at Finfin Play.
16.2 Systematically retrieve data or other content from the Site, the App, and the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our approval.
16.3 Make any unauthorized use of the Site, the App, and the Services, including collecting usernames and/or email addresses of registered users by using third-party software; creating user accounts by automated means including using bots or hiding presences by faking IP addresses.
16.4 Use a buying agent or purchasing agent to make purchases on the Site, the App, and the Services.
16.5 Use the Site, the App, and the Services as assets to advertise and offer to sell personal goods and services not relating to Finfin Play.
16.6 Circumvent, disable, or otherwise interfere with security-related features of the Site, the App, and the Services, including those that prevent or restrict the act of copying Content or enforcing limitations on the use of the Site, the App, and the Services.
16.7 Trick, defraud, or mislead us and other users with any attempt to get sensitive account information such as user passwords.
16.8 Making improper use of our support services or submit false reports.
16.9 Committing acts of using automated means or AI to interfere with our assets, such as using scripts to send comments or messages, or using any data mining tools, robots, data extraction tools, and alike.
16.10 Interfering with or creating interruption on the Site, the App, the Services, the networks or services related to the product.
16.11 Attempting to impersonate another user or person; using the username of another user.
16.12 Selling or transferring your game account.
16.13 Using any information obtained from the Site, the App, and the Services in order to harass, abuse, or harm another person.
16.14 Using the Site, the App, and the Services as a part of an effort to compete with us; using the Site, the App, and the Services or anything product-related for commercial purposes.
16.15 Deciphering, decompiling, disassembling, or interfering mechanically any of the software parts or assets of the Site, the App, and the Services.
16.16 Attempting to bypass any measures designed to prevent or restrict access to the Site, the App, and the Services.
16.17 Harassing, intimidating, or threatening our employees, associates, or other users of the Site, the App, and Services.

17. Anti-Money Laundering and KYC (Know Your Customer) Policy
17.1 We are committed to providing you with safe, compliant, and reputable Services. Accordingly, we insist on a comprehensive and thorough customer due diligence process and implementation and ongoing analysis and reporting. This includes monitoring of and for suspicious transactions and mandatory reporting to international regulators. We need to keep certain information and documentation on file pursuant to applicable law and its contractual relationships, and we hereby expressly reserves the right to keep such information and documentation. This will apply even when you terminate your relationship with us or abandon your application to have an account with us. We reserves the right to refuse registration to, or to bar transactions from or to, or terminate any relationship with, any customer for any reason (or for no reason) at any time. In lieu of refusing registration, we may perform an enhanced customer due diligence procedure. At all times, you may be subject to enhanced customer due diligence procedures in your use of the Site, the App, and any Services.

18. No Representations & Warranties by Us
18.3 We makes no representations, warranties, or guarantees to you of any kind. The Site, the App, and the Services are offered strictly on an “as-is”, “where-is” basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose. We do not represent or warrant that the Services and information contained therein are accurate, complete, reliable, current, or error-free.
18.2 You acknowledge that any information that you store or transfer using the Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, third party protocol changes, internet outages, third party denial of Service attacks, acts of God or unscheduled maintenance. You are encouraged to back up and safeguard your information, including login credentials, at all times.

19. No Advice at Any Time
19.1 We do not provide any investment advice or merits of any particular transaction or their tax consequences, trading techniques, models, algorithms, or any other schemes. Any information provided on the Site and the App or received when you are using any of the Services is only for informational purposes and you are solely responsible for any decision you make based on that information.
19.2 The purchase price that you pay for the NFT and DSIGN token is exclusive of all applicable taxes. You are solely responsible for determining what, if any, taxes apply to the purchase of the Tokens, including sales, use, value-added, and similar taxes. None of our parties bear liability or responsibility with respect to any tax consequences to you arising from the purchase of the Tokens.

20. No Waiver
20.1 Any failure by us to exercise any of its respective rights, powers, or remedies under these Terms of Use, or any delay by usin doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by us does not prevent either from exercising any other rights, powers, or remedies.

21. Force Majeure
21.1 In addition to applicable disclaimers stated above, we are not responsible for damages caused by delay or failure to perform undertakings under these Terms of Use when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyber-attacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, we are excused from any and all performance obligations and these Terms of Use.

22. Assignment & Severability
22.1 These Terms of Use, and any of the rights, duties, and obligations contained herein, are not assignable by you without the prior written consent of us. These Terms of Use, and any of the rights, duties, and obligations contained herein, are freely assignable by us without notice or your consent. Any attempt by you to assign these Terms of Use without written consent is void.
22.2 If any provision of these Terms of Use, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision and everything else in these Terms of Use continues in full force and effect.

23. Survival
23.1 All provisions of these Terms of Use which by their nature extend beyond the expiration or termination of these Terms of Use, including, without limitation, sections pertaining to suspension or termination, Fashion League‘s account cancellation, debts owed to us, the general use of the Site and the App, disputes with us, and general provisions, shall survive the termination or expiration of these Terms of Use.

24. Governing Law and Language
24.1 We reserve the right to change the jurisdiction of Finfin Play and these Terms of Use at any time in our own discretion, as well as use any parent companies, subsidiaries, and/or other affiliated companies for the execution of these Terms of Use, our products and Services and other activities related to our business. The interpretation, validity, and enforcement of these Terms of Use, and all legal actions brought under or in connection with these Terms of Use, shall be governed by the law of Switzerland. Any disagreements or disputes between you and us, arising from these Terms of Use, shall be settled by negotiations between you and us. In case of failure to reach an agreement in 14 (fourteen) days, any disputes, disagreements, or claims, arising from this Agreement or related to it, its breach, dissolution, or validity, that have not been solved by you and us, shall be settled in the competent court of Switzerland, and according to the seat of Finfin Play.
24.2 You agree that these Terms of Use, the Privacy Policy, and other notices posted through the Site, the App and/or Services have been drafted in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

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