The following Terms and Conditions ("Terms") govern your ("you" or the "Purchaser") purchase of cryptographic tokens ("FAME" or "FAME tokens") from Fameone (the "Company" or "Fameone"). Each of you and the Fameone is a "Party" and, together, the "Parties" to these terms. This document is not a solicitation for investment and does not pertain in any way to an offering of securities in any jurisdiction. This document describes the Terms and Conditions for participation in the Fameone token sale.
If you do not agree to these terms, do not purchase FAME tokens from Fameone. By purchasing FAME tokens from Fameone, you will be bound by these terms and any terms incorporated by reference. If you have any questions regarding these terms, please contact Fameone at firstname.lastname@example.org. By purchasing FAME tokens, and to the extent permitted by law, you are agreeing not to hold Fameone or any of its respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the "Fameone Team") liable for any losses or any special, incidental, or consequential damages arising from, or in any way connected, to the sale of FAME tokens, including losses associated with the terms set forth below.
Do not purchase FAME tokens if you are not an expert in dealing with cryptographic tokens and blockchain-based software systems. Prior to purchasing FAME tokens, you should carefully consider the terms listed below and, to the extent necessary, consult an appropriate lawyer, accountant, or tax professional. If any of the following terms are unacceptable to you, you should not purchase FAME tokens.
Purchases of FAME tokens should be undertaken only by individuals, entities, or companies that have significant experience with, and understanding of, the usage and intricacies of cryptographic tokens, including Ethereum tokens, and blockchain-based software systems. Purchasers should have a functional understanding of storage and transmission mechanisms associated with other cryptographic tokens. While Fameone will be available to assist purchasers of FAME tokens during the sale, Fameone will not be responsible in any way for loss of ETH, BTC or FAME tokens resulting from actions taken by, or omitted by purchasers. If you do not have such experience or expertise, then you should not purchase FAME tokens or participate in the sale of FAME tokens. Your participation in FAME tokens sale is deemed to be your undertaking that you satisfy the requirements mentioned in this paragraph.
Purchaser agrees to buy, and Fameone agrees to sell, the FAME tokens in accordance with the following terms:
You may not acquire a Fame token if you are a citizen, resident (tax or otherwise) or green card holder of the United States of America.
When you purchase, or otherwise receive, a FAME token, you may only do so by accepting the following conditions and, by doing so, you warrant and represent that the following are a true and accurate reflection of the basis on which you are acquiring the FAME tokens:
The FAME token pre-sale will run for 30 calendar days and the main sale will run for 45 calendar days. The FAME token sale will end prematurely when the hard cap is reached. Fameone reserves the right to change the sale dates or extend the sale duration for any reason, including the unavailability of the Website or other unforeseen security or procedural issues.
The general public will be able to see the total number of FAME tokens currently sold, as well as the distribution of all FAME tokens among the participating Ethereum accounts after the FAME token sale is finished. In the spirit of openness, Fameone will constantly update on the Website the number of tokens sold.
Fameone warrants that neither it nor its shareholders will purchase FAME tokens during the FAME token sale. Furthermore, Fameone warrants that neither it nor its shareholders will purchase FAME tokens from any third Party during the period of the FAME token sale.
All purchases of FAME tokens are final. Purchases of FAME tokens are non-refundable. By purchasing FAME tokens, the purchaser acknowledges that neither Fameone nor any of its affiliates, directors or shareholders are required to provide a refund for any reason.
If Fameone believes, in its sole discretion, that any individuals or entities owning FAME tokens creates material regulatory or other legal risks or adverse effects for Fameone and/or FAME tokens, Fameone reserves the right to buy all FAME tokens from such FAME token owners at the then-existing market price.
The Purchaser bears the sole responsibility to determine if the purchase of FAME tokens with ETH, BTC or the potential appreciation or depreciation in the value of FAME tokens over time has tax implications for the Purchaser in the Purchaser's home jurisdiction. By purchasing FAME tokens, and to the extent permitted by law, the Purchaser agrees not to hold any of Fameone, its affiliates, shareholders, director, or advisors liable for any tax liability associated with or arising from the purchase of FAME tokens.
The Fameone Team is not liable for failure to perform solely caused by:
or any similar unforeseen event that renders performance commercially implausible. If an event of force majeure occurs, the Party injured by the other's inability to perform may elect to suspend the Terms, in whole or part, for the duration of the force majeure circumstances. The Party experiencing the force majeure circumstances shall cooperate with and assist the injured Party in all reasonable ways to minimize the impact of force majeure on the injured Party.
The Purchaser expressly agrees that the Purchaser is purchasing FAME tokens at his sole risk and that FAME tokens are provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period to the shorter of thirty days from first use or the minimum period required). Without limiting the foregoing, none of the Fameone Team warrants that the process for purchasing FAME tokens will be uninterrupted or error-free.
The purchaser acknowledges and agrees that, to the fullest extent permitted by any applicable law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to (I) use of, or inability to use, FAME tokens or (II) the Fameone Team under any cause or action whatsoever of any kind in any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence) and that none of the Fameone Team shall be liable for any indirect, incidental, special, exemplary or consequential damages, including for loss of profits, goodwill or data, in any way whatsoever arising out of the use of, or inability to use, or purchase of, or inability to purchase, FAME tokens, or arising out of any interaction with the smart contract implemented in relation to FAME tokens.
The purchaser further specifically acknowledges that the Fameone Team is not liable for the conduct of third parties, including other purchasers of FAME tokens, and that the risk of purchasing and using FAME tokens rests entirely with the purchaser.
To the extent permissible under applicable laws, under no circumstances will any of the Fameone Team be liable to any purchaser for more than the amount the purchaser have paid to Fameone for the purchase of FAME tokens.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations in this section and elsewhere in the terms may not apply to a purchaser. In particular, nothing in these terms shall affect the statutory rights of any purchaser or exclude injury arising from any wilful misconduct or fraud of the Fameone Team.
These Terms set forth the entire understanding between the Purchaser and Fameone with respect to the purchase and sale of FAME tokens. For facts relating to the sale and purchase, the Purchaser agrees to rely only on the Terms in determining purchase decisions and understands that the Terms govern the sale of FAME tokens and supersede any public statements about the FAME token sale made by third parties or by the Fameone Team or individuals associated with any of the Fameone Team, past and present and during the FAME token sale.
The Purchaser and Fameone agree that if any portion of these Terms is found illegal or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
The failure of Fameone to require or enforce strict performance by the Purchaser of any provision of these Terms or failure of Fameone to exercise any right under these Terms shall not be construed as a waiver or relinquishment of Fameone's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Fameone of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in these Terms, no representations, statements, consents, waivers, or other acts or omissions by the Fameone Team shall be deemed a modification of these Terms nor be legally binding.
Fameone reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time during the sale by posting the amended Terms on the Website. Any Purchaser will be deemed to have accepted such changes by purchasing FAME tokens. The Terms may not be otherwise amended except by express consent of both the Purchaser and Fameone.
Fameone will cooperate with all law enforcement enquiries, subpoenas, or requests provided they are fully supported and documented by the law in the relevant jurisdictions.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless the Fameone Team from and against all claims, demands, actions, damages, losses, costs and expenses (including attorneys’ fees) that arise from or relate to: (I) your purchase or use of FAME tokens; (II) your responsibilities or obligations under these Terms; (III) your violation of these Terms; or (IV) your violation of any rights of any other person or entity.
Fameone reserves the right to exercise sole control over the defense, at your expense, of any claim subject to indemnification under this Section 15. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Fameone.
You are responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism you use to receive and hold FAME tokens purchased from Fameone, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your Tokens. Fameone is not responsible for any losses, costs or expenses relating to lost access credentials.
Currently, only English versions of any communications of Fameone is considered official. The English version shall prevail in case of differences in translation.
The Terms, the arbitration clause contained in them, and all non-contractual obligations arising in any way whatsoever out of or in connection with these Terms are governed by, construed, and take effect in accordance with the law of Seychelles.
By purchasing, owning, and using FAME tokens, you expressly acknowledge and assume the following risks:
A private key, or a combination of private keys, is necessary to control and dispose of FAME tokens stored in your digital wallet or vault. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing FAME tokens will result in loss of such FAME tokens. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet service you use, may be able to misappropriate your FAME tokens. Any errors or malfunctions caused by or otherwise related to the digital wallet or vault you choose to receive and store FAME tokens in, including your own failure to properly maintain or use such digital wallet or vault, may also result in the loss of your FAME tokens. Additionally, your failure to follow precisely the procedures set forth in for buying and receiving Tokens, including, for instance, if you provide the wrong address for the receiving of FAME tokens, or provides an address that is not ERC-20 compatible, may result in the loss of your Tokens.
Because FAME tokens are based on the Ethereum protocol, any malfunction, breakdown or abandonment of the Ethereum protocol may have a material adverse effect on the FAME tokens. Moreover, advances in cryptography, or technical advances such as the development of quantum computing, could present risks to the FAME tokens, including the utility of the FAME tokens for obtaining services, by rendering ineffective the cryptographic consensus mechanism that underpins the Ethereum protocol.
As with other decentralized cryptographic tokens based on the Ethereum protocol, FAME tokens are susceptible to attacks by miners in the course of validating FAME token transactions on the Ethereum blockchain, including, but not limited, to double-spend attacks, majority mining power attacks, and selfish-mining attacks. Any successful attacks present a risk to the FAME tokens, including, but not limited to, accurate execution and recording of transactions involving FAME tokens.
Hackers or other malicious groups or organizations may attempt to interfere with the FAME tokens in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing. Furthermore, there is a risk that a third party or a member of the Fameone Team may intentionally or unintentionally introduce weaknesses into the core infrastructure of the Fameone platform, which could negatively affect the Fameone platform and FAME tokens, including the utility of FAME tokens for obtaining services.
If secondary trading of Tokens is facilitated by third party exchanges, such exchanges may be relatively new and subject to little or no regulatory oversight, making them more susceptible to fraud or manipulation. Furthermore, to the extent that third parties do ascribe an external exchange value to FAME tokens (e.g., as denominated in a digital or fiat currency), such value may be extremely volatile.
Unlike bank accounts or accounts at some other financial institutions, FAME tokens are uninsured unless you specifically obtain private insurance to insure them. Thus, in the event of loss or loss of utility value, there is no public insurer or private insurance, to offer recourse to you.
The regulatory status of FAME tokens and distributed ledger technology is unclear or unsettled in many jurisdictions. It is difficult to predict how or whether regulatory agencies may apply existing regulation with respect to such technology and its applications, including the Fameone platform and FAME tokens. It is likewise difficult to predict how or whether legislatures or regulatory agencies may implement changes to law and regulation affecting distributed ledger technology and its applications, including the Fameone platform and FAME tokens. Regulatory actions could negatively impact the Fameone platform and FAME tokens in various ways, including, for purposes of illustration only, through a determination that the purchase, sale and delivery of FAME tokens constitutes unlawful activity or that FAME tokens are a regulated instrument that require registration or licensing of those instruments or some or all of the parties involved in the purchase, sale and delivery thereof. Fameone may cease operations in a jurisdiction in the event that regulatory actions, or changes to law or regulation, make it illegal to operate in such jurisdiction, or commercially undesirable to obtain the necessary regulatory approval(s) to operate in such jurisdiction.
The tax characterization of FAME tokens is uncertain. You must seek your own tax advice in connection with purchasing FAME tokens, which may result in adverse tax consequences to you, including withholding taxes, income taxes and tax reporting requirements.
Because FAME tokens confer no governance rights of any kind with respect to the Fameone Company, all decisions involving services within the Fameone platform will be made by Fameone at its sole discretion. These decisions could adversely affect the Fameone platform and the utility of any FAME tokens you own, including their utility for obtaining services.
Cryptographic tokens such as FAME tokens are a new and untested technology. In addition to the risks included in this Annex A of these Terms, there are other risks associated with your purchase, possession and use of FAME tokens, including unanticipated risks. Such risks may further materialize as unanticipated variations or combinations of the risks discussed in this Annex A of these Terms.