Terms and conditions

1) Definitions

"Company" means FANTIK SARL-S, a registered company with headquarters in 31b, rue de Canach, L-5368 Schuttrange, R.C.S. Luxembourg.

"Content" means any data or information uploaded by Users, including but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials.

"Contract" means the binding convention between the Company and the Customer incorporating these Terms and Conditions, the Privacy Policy and any amendments to it from time to time.

"Customer" means any User entering the Contract by using the related Services offered by the Company.

"Effective Date" means the date on which the Customer has paid the Fee for the chosen Package and obtained physical access to the related Services.

"Fees" means the amounts payable, as described on the Platform depending on the selected Package and the chosen payment method, by the Customer to the Company for using the selected Package and the related Services.

"Materials" means any necessary software, all informational text, software documentation, design of and "look and feel", photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof. All Materials are owned by the Company or by third parties.

"Platform" means www.fantik.io and any website or application developed and published by the Company and available to registered Users.

"Services" means the services and features offered by the Company through the Platform to its Users. It is recalled that the connection charges related to the use of the Services are not borne by the Company and remain the User’s responsibility.

"User" means any person, organization or company who has registered to the Platform and uses it. Once registered the User can post and share Content, and communicate with other Users.

2) Acceptance of Terms

The Company manages a Platform for Users to buy and exchange non-fungible tokens, post Content, connect with other Users, and share information. These Terms and Conditions ("Terms") are applicable to each visitor of the Platform as well as to Users using and accessing the Services that are available through the Site.

These Terms as well as the Privacy Policy are the entire agreement between Users and the Company. By visiting the Platform, logging in or by choosing one of the Packages and using the related Services in any way, Users and Customers agree to and accept these Terms, our Privacy Policy and any other legal notices or guidelines posted on the Platform.

The Company may modify these Terms from time to time and such modification shall be effective upon posted by the Company on the Platform. Users agree to be bound to any changes to these Terms when Users use the Services after any such modification is posted.

If Users do not agree to these Terms, they should not use the Services.

3) Description of Services

To use the Services, Users must have access to the Internet, either directly or through devices that access mobile and web-based content.

The Services may include certain communications from the Company, such as service announcements, administrative messages, the Company’s newsletter and third party content (i.e. RSS-Feeds) Customers and Users may not access the Services by any means other than through the services interfaces we provide.

Any new features, or updates to the Services, including the release of new tools and resources, shall be subject to these present Terms.

4) Conclusion of the Contract and User’s Registration

a) Contract

When entering the Contract, the Customer warrants to the Company that he has the legal right and authority to enter and perform his obligations. The Customer also warrants that he has the legal right to represent and is empowered to enter into legally binding contracts on behalf of the company or organisation.

To enter the Contract, the Customer must provide a valid e-mail address.

Customers are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under their account.

In consideration of use of the Services, Customers agree to maintain and update true, accurate, current and complete registration data.

Individuals under the age of 18 are prohibited from entering the Contract.

b) Registration

To register on the Platform and get an account, Users must provide a valid email address, a secret password, and a name.

Individuals under the age of 13 are prohibited from registering as a User.

If Users provide any information that is untrue, inaccurate or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company may suspend or terminate the Users account and refuse any and all current or future use of the Services or any portion thereof.

5) Privacy Notice

Our Privacy Notice, which is part of these Terms, describes how we collect, protect, and use Users registration data and certain other information about visitors and Users. We encourage Users and visitors to read the Privacy Notice, and to use the information it contains to help them make informed decisions.

6) Account and security

Users are responsible for maintaining the security of their account, for all activities that occur or actions taken under the account. Users agree to immediately notify the Company in writing of any unauthorized uses of the account or any other breaches of security. The Company will not be liable for any loss or damage from Users in failing to comply with this security obligation. Users acknowledge and agree that under no circumstances will the Company be liable, in any way, for any Users acts or omissions or those of any third party, including for damages of any kind incurred as a result of such acts or omissions.

7) Proprietary rights

The Services, all confidential and proprietary software used in connection with the Services, Materials, content contained in sponsor advertisements or in information presented to visitors and Users through the Services or by advertisers, and all other materials and services provided by or owned by the Company or other parties that have licensed their materials, content, or provided services to the Company, are protected by copyright, trademark, trade secret, and other intellectual property laws.

We give Users permission to use the Materials to the extent necessary to access the Services in accordance with these Terms.

This permission does not permit visitors and Users to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. Visitors and Users may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services or Materials, create derivative works based on or in any manner commercially exploit the Services or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Services or Materials for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors or advertisers, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms.

Users shall own all intellectual property pertaining to their Content, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by them. By posting or uploading Content, Users shall agree that their Content will be automatically redistributed on the Platform.

8) Rules

Users must own all rights in and to any Content uploaded by them, including but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials, or otherwise have the full power, title, licenses, consents and authority, in and to the Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such Content.

Users must guarantee that their Content is true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for them to possess, post, transmit or display in the country in which they reside or the Company resides.

Users must have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of their Content.

Users will not upload, post, transmit or otherwise make available any Content that:

is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any User to access the Platform and the Services;
use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading, upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any User to access the Platform and the Services;

By posting or uploading Content, Users shall agree that their Content will be automatically redistributed on the Platform.

Users acknowledge and agree that their failure to abide by any of the foregoing or any misrepresentation made by them herein may result in the immediate termination of their account and/or Services provided to them, with or without further notice, and without any refund of amounts paid on account.

All Users’ Content is under the sole responsibility of the one uploading such Content. Users are entirely and solely responsible for all Content that they upload, post, transmit or otherwise make available via the services. The Company does not review and is not responsible for the uploaded User Content.

If Users become aware of misuse of the Services by any User, they should please contact the Company by email at hello@fantik.io.

Users further agree that they will not submit material that is copyrighted or otherwise subject to third party proprietary (or other) rights, including privacy and publicity rights, unless Users are the owner of such rights or have permission from the rightful owner to post the material and to grant the Company all of the license rights.

Users further agree that they will not submit false information, that they will comply with applicable laws.

The Company may withdraw the service provided hereup from a User at any time and is entitled, in its sole discretion, to terminate or slow down access to the Services for any reason, particularly a failure to adhere to the Terms and Conditions.

The Company may suspend access to the Services, or part thereof, for maintenance purposes, upgrades, security fixes and deployment of new services.

The Company may remove the personal data of an individual upon request by this individual.

Visitors and Users agree that the Company cannot be made responsible for false information on the Platform. The Company does not guarantee the accuracy, or completeness or availability of the Services of the data contained therein.

Use of the Services and the data contained therein is at the User's or Visitor’s own risk. The Company cannot be held liable for any direct or indirect damage of any nature whatsoever, arising from use of the Services. Any breach of the rules of copyright or database right is subject to criminal penalties under the offense of infringement, without prejudice to any claims for damages from the copyright holders.

If Users become aware of misuse of the Company’s Services by any person, organization or company, they should please contact the Company by email on hello@fantik.io.

9) Payment

All Fees are subject to legally applicable VAT.

All Services offered by the Company require payment of fees. If Customers sign up for the Services, Customers shall pay all applicable Fees, as described on the Platform.

All Fees related to the Services are charged automatically using the payment method chosen by the Customer.

The Company reserves the right to change its Fees at any time, upon notice to Customers if such change may affect Customers existing subscriptions. If Customers did receive a discount or other promotional offer, the Company shall have the right to automatically and without notice renew Customers subscription to such the Company Services at the fully applicable Fee.

Customers authorize the Company directly or through third parties, to make any inquiries it considers necessary to validate Customers account and financial information that Customers provided while signing up for such Services.

As part of registering or submitting information to receive paid Services, Customers also authorize the Company to request and collect payment from our payment provider or Customers designated banking account, and to make any inquiries the Company or its affiliates may consider necessary to validate Customers designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from Customers’ payment, credit card or banking account provider.

10) Disclaimer of warranties

The Company shall not be responsible for malfunctioning, interruption of Services, loss of data, accidental diffusion of personal or sensitive data and for any other damage due to fraudulent attacks such as data processing pirates, thieves, hackers, crackers, viruses and so on.

The Company shall not be responsible if ever the Platform contains typographical errors or other errors or inaccuracies and/or not be complete. We therefore reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time.

Under no circumstances shall the Company be held liable for any delay or failure in the Platform and/or any of the Services and/or information on the Platform directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of The Company, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties.

The Company will not be liable for any losses arising out of a force majeure event.

11) Disclaimer of consequential damages.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY THE COMPANY PLATFORM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY THE COMPANY PLATFORM AND THE COMPANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12) No resale or unauthorized commercial use.

Users agree not to resell or assign rights or obligations under these Terms. They also agree not to make any unauthorized commercial use of any of the Company’s Services.

13) Indemnity

Visitors and Users agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, investors and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any Content or other Material provided to any the Company Platform, (ii) Users use of the Services, or (iii) Users breach of these Terms. The Company shall provide notice to Users promptly of any such claim, suit, or proceeding.

14) Disputes

The use of the Platform as well as the Contract between the Company and the Customers shall be governed by these Terms and Conditions and shall be subject to the material laws of the Grand Duchy of Luxembourg. Any disputes arising from these Terms and Conditions, or from the purchase order, or litigation of any other nature between the Company and visitors and Users shall be subject to the jurisdiction of the District Court of Grand Duchy of Luxembourg.

If any provision of the Company Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No waiver of any breach or default of any of the Company Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

15) Notices

These Terms of Use were written in English, and may be translated into other languages for visitors and Users convenience. Visitors and Users may access and view other language versions by changing Users The Company website language settings (if translation exists). If a translated (non-English) version of these Terms and Conditions conflicts in any way with their English version, the provisions of the English version shall prevail.

We may provide Users with notices via our Services, by e-mail or through any other contact means Users provided us.

The Company Terms, and Users use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the Company and their Users.

The Company may transfer and assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Services and/or Licensed Content to a third party, without Users consent or prior notice to Users. Customers may not assign or transfer any of Customers rights and obligations hereunder without the prior written consent of the Company. Any attempted or actual assignment thereof without the Company’s prior explicit and written consent will be null and void.