Terms and Conditions
Roadies Rowdy Loot NFT Utility (“CONTEST”)
1. This Contest is organized by Viacom 18 Media Pvt. Ltd. ("Organizers") and is open to all applicants for participation who meet the following requirements for participation (“Participants”):
- who are above 18 (Eighteen) years of age;
- Who have signed up on www.fullyfaltoonft.com. , fund their respective wallet and purchase the Roadies Rowdy Loot NFTs.
2. Participation by minors will be deemed as participation with the prior unconditional consent and knowledge of the Participant’s parents/guardian. It is made abundantly and evidently clear that such Participants are participating in the Contest with the consent and assistance of their parents/guardians. Accordingly, the Participants shall be required provide all the necessary documents/proof as required by the Organizer upon its request in this regard. The validity of such proof shall be determined by Organizer at its own discretion. All the Terms and Conditions, Rules applicable on Participants/ Winner shall deemed to also apply on the parents/guardians of such Participants/ Winner.
3. Modes of Participation:
To participate in the Contest, the Participant needs to purchase maximum number of Roadies Rowdy Loot NFTs on www.fullyfaltoonft.com.
4. Contest Period:
The Contest shall commence from 29th July 2022 (6PM onwards) and shall conclude until stocks of the said NFTs last or on such date as decided by the Organizer (“Contest Period”).
5.Selection of Winners:
At the end of each Contest Period, the top 10 (ten) Participants who have purchased the maximum number of Roadies Rowdy Loot NFTs, shall be eligible to win the Contest. (“Winner”). If there are multiple Participants who have purchased the same number of Roadies Rowdy Loot NFTs, the Participant who has purchased first would be considered. There will be total 10 (ten) Winners during the Contest Period, as determined by the Organiser at its sole discretion. Organizer also reserves rights to select the Winners as deemed appropriate basis the sale report received by the Organizer and Organizer’s decision shall be final and binding. Each such Winners shall be eligible for Prize as detailed below as per mechanism and conditions laid down in this terms and conditions or otherwise stipulated by the Organizer from time to time. The Prizes will be distributed on such date and time as may be determined by the Organizer in its sole discretion.
Before being considered and declared as a Winner, such Participant may be contacted anytime by Organizer either on their e-mail id/contact number provided or use such other mode of communication as may be determined by Organiser at its sole discretion. Such contacted Participant shall be required to immediately provide Organizer with such information (as asked for by the Organizer (including mobile number, e-mail address, residential address etc.), and also the following documents immediately upon such request by Organizer: a) PAN card b) Proof of identity cum permanent address proof – Aadhar card / Election card/Passport/ permanent Driver’s License c) copy of NOC/consent of guardian/parent d) Birth Certificate/Identify certificate from schools such other documents as may be required by the Organizer from time to time, in such manner as required by Organizer. It is hereby clarified that information and documents shall pertain to such Participant only and not of any other person. Upon verification of the documents submitted by such Participant to the satisfaction of the Organizer, Organizer shall declare such Participant as the winner (“Winner”). Subject to timely co-operation by such Participant in verification, the Organizer directly communicate to the Winner of their win through email or via such other mode of communication as may be determined by Organiser.
7. For sake of clarity, no Participant will be considered as final Winner, unless when he/she has been specifically declared as a Winner by the Organizer, and not merely when he/she has been contacted by Organizer for verification or any other purpose.
8. Organizer reserves the right to disqualify a Participant /Winner at any time, if Organizers is of the opinion that the details and/or documents provided by the Participant/Winner is not to the Organizer’s satisfaction. No questions or communications shall be entertained in this regard for any reason.
9. Furthermore, the Organizer may at any time either forfeit the Prize or announce another Winner in place of the originally announced Winner if:
- the documents or details of the Participant/Winner is not correct in the opinion of the Organizers; or
- documents so required are incomplete, misleading or untrue; or
- the Winner and their respective guardians, parents do not have valid documents as may be required for the purpose of the Prize;
- the Winner and respective guardians, do not sign the confidentiality, release letter or any other documents required, if any, by Organizers in relation to the Prize; or
- if the Winner do not approach the Organizer at the contact details provided by the Organizer, immediately upon such request by Organizer.
10. The Organizer reserves the right to disqualify the Participants immediately from the Contest if Participants have supplied untruthful, inaccurate, incorrect or misleading details and/or information, of any nature and/or have failed to abide by the Rules and/or are in breach of the terms hereof.
11. The Organizer may at its discretion publicly announce the name of the Winner.
12. If applicable, the parents/guardians of the minor Participant/Winner shall be required to sign the release form in the format required by the Organizer, for and on behalf of the Winner. Further, such Participant/Winner shall be required to submit to the Organizer, a document evidencing the fact that his/her participation in the Contest was approved by and was subject to the prior unconditional consent and knowledge of his/her, parents/guardian.
Subject to successful Verification, each Winner shall be eligible to receive 1 (one) VVIP pass (entry for 2 pax i.e. either winner plus 1 pax or any two pax as determined by the Winner) that gives exclusive access to the Roadies Season 19 premier night/ launch event (F&B included) at a location in Mumbai, India tentatively scheduled between 1st January 2023- 31st December 2023. The Prize does not include travel and stay or any other expenses, which shall be solely borne by the Winners. The value of each Prize is approximately INR. 10,000
14. The Organizer shall have the right, at its sole discretion, to change/modify/replace or omit the Prize listed above and the Winner shall not have the right to claim any damages or monies from the Organizer. The Prize shall, at the discretion of the Organizer if deemed fit, be distributed by the Organizer or may be collected by the Winner at such dates, times and locations as specified by the Organizer. By participating in this Contest the Winner waive their right to make any such or other claims against the Organizer.
15. All costs and expenses that are not specifically covered by the Organizer and not set out herein shall be solely borne by the Winner and no monies will be reimbursed by the Organizer and/or the Sponsor. Organizer takes no responsibility, liability to reimburse or compensate in any manner, towards the Winner’s expenses including without limitation any expenses incurred towards travel, food, beverages and/or any other costs that may be incurred by the Winner to avail the Prize or to utilize the Prize. The Organizer shall not be responsible or liable in any manner whatsoever for any incident, accident that may occur during the course of the Winner’s participation and/or otherwise in relation to the Contest or during the collection or utilization of the Prize.
16. By participating in the Contest, the Participants agree to be bound by any rules, regulations, guidelines or policies ("Rules") associated with the Contest and agree to be bound by any decisions made by the Organizer, including any interpretations of such Rules by the Organizer.
17. The Organizer reserves the right to disqualify the Participants immediately from the Contest if Participants have supplied untruthful, inaccurate or misleading details and/or information, of any nature and/or have failed to abide by the Rules and/or are in breach of the terms hereof.
18. Mere purchase of NFTs does not entitle the Participants to win the Contest or the Prize. The selection process may vary and shall be as per the Organizer’s sole discretion. The Participants or any third party shall have no right to question the process of selection. The Organizer may determine the correctness, quality and validity of purchases in their sole discretion.
19. Inability of any Winner to make himself/herself present to/ avail the Prize for any reason whatsoever shall result in the disqualification of the Winner and disentitlement to the Prize. The Winners shall have no claims whatsoever against the Organizer for any reason.
20. The Organizer shall have the right to click photographs, take pictures, shoot audio-visuals, tape, record, exhibit or portray them as the Contest Winners and/or publish any content recorded during availing their Prize. By participating in the Contest and accepting the Prize, the Winners waive all copyrights and any related rights and consents Organizer’s right to click photographs, take pictures, shoot audio-visuals, tape, record, exhibit or portray them as the Contest Winners and/or publish any details of total purchases made by them. The Winners further grant irrevocable consent in perpetuity to use, edit, exhibit, publish and/or exploit the same, in any and all applications including advertising, commercials, promotion, stories, text, illustrations, articles and commercial exploitation, throughout the world, in any and all media, mode or format whether now existing or hereinafter developed, including but not limited to radio, broadcast and television, newspapers, magazines, and electronic media, at any time without the Winners’ further knowledge or consent and without any compensation whatsoever.
21. All the Winners undertake not to divulge, publicize or disclose any details whatsoever, with respect to availing the Prize by the Winner, to any other person or on any media platform, including on-air, on-print and/or online.
22. The Organizer takes no responsibility, liability or any other expenses for the Winners and does not take any responsibility or liability in case the Prize is cancelled or re-scheduled or replaced for any reason whatsoever.
23. Notwithstanding anything contained herein, Organizer shall not be responsible to bear or reimburse any costs and expenses incurred by the Winner in availing the said Prize and/or incurred otherwise. All such costs / expenses incurred by the Winner in availing the said Prize and/or incurred otherwise shall be borne solely by the Winners.
24. All costs and expenses not specifically covered by the Organizer and not set out herein shall be solely borne by the Winners and no monies will be reimbursed by the Organizer. incurred by the Winner in availing the said Prize and/or incurred otherwise shall be borne solely by the Winners.
25. For the purpose of clarification and avoidance of doubt, the Prize does not include any personal expenses of the Winner and the Winner shall be responsible for any additional expenses/incidental expenses required to be incurred to avail the Prize and/or incurred otherwise.
26. The Winners hereby represent and warrant that they will comply with all the Rules associated with the Contest including but not limited to the Terms & Conditions mentioned herein and associated with the Prize, and that the Winners shall personally be liable for any breach thereto.
27. The Organizer shall not be responsible for any loss of purchases for any reason, whatsoever including, due to any problems caused by telephone lines, service providers, network breakdowns, computer service delays, interruptions, network failures or overloads, or for lost, after the Contest Period or for any reasons beyond the control of the Organizer.
28. In the event of unforeseen circumstances beyond the control of the Organizer, and the Prize not being made available to the Winners, or the said Contest/ Prize being cancelled, the Winners shall not have the right to claim any damages or monies or replacement of Prizes from the Organizer and by participating in this Contest, the Winners waive their right to make any such claims against the Organizer.
29. Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time-to-time, arising out of the Prizes, shall be borne and paid by Viacom18. In case the Winners fail to comply with the applicable laws or pay the requisite taxes, duties or levies, if any, required to be paid by the Winners, the Winners shall indemnify the Organizer of any losses, claims, expenses, costs and actions for the same.
30. The Participants acknowledge that they do not have any medical, physical and/or emotional condition which can jeopardize their eligibility for participation in the Contest.
31. The Winners acknowledge that the Organizer shall not be liable for any mishap, injury, accident, untoward incident, physical harm of any nature, death, loss of life or limb, etc., caused to them, including, either before, during or after availing the Prize; or before, during or after the Contest; or while traveling to or away from the Venue; and no such accident (etc.) will be attributed to the Organizer and the Organizer shall not be held responsible for the same nor shall the Organizer be liable to indemnify or make good any claim being raised against it, for whatsoever nature.
32. The Prize shall not be negotiable and/or redeemable for cash. No request shall be entertained by the Organizer in this behalf. Only the Winner and no other person can claim the Prize for or on behalf of the Winner. However, the Winner shall have an option to transfer the Prize in the event the NFT/s are further sold through secondary sales in the marketplace.
33. Employees (including their immediate family) of the Organizer, its affiliates and associates and sponsors, are not permitted to participate in the Contest.
34. To enable registration of a Participant and/or to make the Prize available to the Winners, personally identifiable information which shall include without limitation name, complete address, date of birth, citizenship details, passport details, email id, phone numbers/ twitter /instagram handle/ account name, display images etc. of the Participants/Winner ("Personal Information") will be collected by the Organizer to enable the Organizer to administer and promote this Contest and the Winners. If Participants do not truthfully provide all requested Personal Information, the Organizer may determine that such Participants are not eligible to win the Prize in this Contest.
35. The Personal Information of the Winners shall be provided by the Organizer to others assisting the Organizer in this regard, including its affiliates, associates, authorities, agents, sponsors, employees, prize suppliers, distributors, deliverers and service providers (as applicable).
36. The Participants hereby agree and undertake that mere announcement/declaration of being announced as a Winner shall not entitle him/her to the Prize. Only upon fulfilling all Rules mentioned herein, to the satisfaction of the Organizer, including compliance with all precautionary measures and agreeing to the terms of the release letter, shall the winning be validated.
37. The Participants hereby agree and undertake that they shall not accept or undertake to accept/give or undertake to give, either directly or indirectly, any gifts, commission or other favor, of any kind whatsoever, to facilitate their winning the Contest. Any knowledge of such an act shall lead to immediate disqualification of such Participants and the Organizer shall be entitled to take any/all actions against such Participants, as deemed fit by it.
38. The Organizer shall not be responsible for the quality or deficiency of the Prizes and no claim or request, whatsoever, in this respect shall be entertained by the Organizer.
39. The Organizer shall not entertain any questions, correspondence, enquiries on the manner of conduct of the Contest and grant of the Prize from any party whatsoever.
40. It is clarified that the Winners shall, in no circumstance, have any rights or claims against the Organizer.
41. The Organizer is not responsible for any errors or omissions in the Terms & Conditions contained herein. All information provided in the Contest is provided "as is" without warranty of any kind. The Organizer makes no representations and disclaims all express, implied and statutory warranties of any kind to the Participants and/or the Winner and/or any third party including, without limitation, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
42. Under no circumstance, shall the Organizer and/or its parent, subsidiaries, associates, affiliates and group entities, and their respective directors, employees, officers, agents or representatives be liable to the Participants and/or the Winners and/or any third party for any lost profits or lost opportunities, indirect, special, consequential, incidental, or punitive damages whatsoever, even if the Organizer has been advised of the possibility of such damages. The Participants and the Winner specifically agree not to file in person/through any family member and/or any third party, any applications, criminal and/or civil proceedings in any courts or forum in India against the Organizer or the Sponsor, its parents, subsidiaries, associates, affiliates and group entities, and their respective directors, employees, officers, agents or representatives to claim any damages or relief in connection with the Contest.
43. It is the Participants’ responsibility to ensure that their Personal Information is always updated and accurate in order to be able to receive the Prize/ notification in time.
44. The Organizer may, at any time, at its discretion, cancel the Contest, change these Terms & Conditions, the Rules and/or the Prize mentioned herein, without prior notice, and the Participants acknowledge that such change shall be binding upon them.
45. The Participants and the Winners acknowledge that they will not hold the Organizer and/or any of its affiliates or agencies engaged by it with regard to this Contest liable for any loss of opportunity and/or monetary loss due to their participation in the Contest.
46. By participating in the Contest and accepting the Prize, the Winners waive all copyrights and any related rights and consents of the Organizer’s right to click photographs, take pictures, shoot audio-visuals, tape, record, exhibit or portray them as the Contest Winners and/or publish any content submitted by them. The Winners further grant irrevocable consent in perpetuity to use, edit, exhibit, publish and/or exploit the same, in any and all applications including advertising, commercials, promotion, stories, text, illustrations, articles and commercial exploitation, throughout the world, in any and all media, mode or format whether now existing or hereinafter developed, including but not limited to radio, broadcast and television, newspapers, magazines, and electronic media, at any time without the Winners’ further knowledge or consent and without any compensation whatsoever.
47. The Organizer reserves the right to terminate, modify or extend this Contest, and its Terms and Conditions, at any time at its absolute discretion, without assigning any reason whatsoever. In case of any dispute or difference in respect of this Contest, decisions of the Organizer shall be final, binding and irrevocable.
48. The invalidity or unenforceability for any reason of any part of these Terms & Conditions shall not prejudice or affect the validity or enforceability of the remaining parts and each part of these Terms & Conditions is distinct and at all times severable from the rest of the Terms & Conditions.
49. No waiver of any rights by the Organizer will be taken as a waiver of any other rights it may have. For instance, if the Organizer waives its right to object to a particular breach of these terms and conditions by a Participant/Winner, it does not prevent the Organizer from objecting to any other breaches by that Participant/Winner or any other Participant/Winner.
50. The Terms and Conditions of and in relation to this Contest as stated herein, is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This is a legal and binding agreement between the Participant and Organizer, that states the terms that govern the Participant’s participation in the Contest. By purchasing the NFTs, the Participant agrees to have read and understood the terms and conditions and hereby unconditionally consents, agrees and undertakes to abide, be bound by and adhere to the terms and conditions stated herein.
51. The Contest shall be subject to the exclusive jurisdiction of competent Courts at Mumbai and the law applicable shall be Indian Law. The Contest shall not be valid and no participants from any city/state may participate if such contests and participation is prohibited as per applicable law in the states that they reside in/belong to.
Roadies Lost Dimension Rare NFT Utility terms
1. Upon primary purchase of any of the Roadies Lost Dimension Rare NFT on www.fullyfaltoonft.com. , the owner gets a pre-decided costume kit associated with the NFT purchased. The costume is from the wardrobe of Roadies Season 18 host. It's been worn/designed/purchased for the host especially for the Season 18 Roadies show.
2. The Costumes cannot be replaced or exchanged for any reason whatsoever. The pre decided constume sets is the only utility that the owner gets along with the Rare NFT purchased during first sale of the Roadies Lost Dimension Rare NFT.
3. Each costume kit has apparel collection worth approximately INR.50,000. The cost is basis the procured costume teams expense. Income tax, gift tax or any other statutory taxes, duties or levies as may be applicable from time-to-time, arising out of the utility, shall be borne and paid by the owner of the NFT. In case the owner fails to comply with the applicable laws or pay the requisite taxes, duties or levies, if any, required to be paid by the owner of the NFT, the respective owners shall indemnify the organizers of any losses, claims, expenses, costs and actions for the same.
4. The costumes would be provided on as is condition as they were subject to wear and tear as it was worn by the host and therefore organizers shall not be responsible for the quality or deficiency of the utility. Hence any complaints regarding the same would not be acknowledged or entertained.
5. The Host of Season 18 is not associated with the Roadies NFT project or its Utility.
6. The above Roadies Lost Dimension Rare NFT Utility terms as stated herein, is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This is a legal and binding agreement between the participant and organizer, that states the terms that govern the participant’s participation in the purchase of rare NFT. By purchasing the rare NFT, the Participant agrees to have read and understood the above terms and hereby unconditionally consents, agrees and undertakes to abide, be bound by and adhere to the terms and conditions stated herein.
7. This promotion shall be subject to the exclusive jurisdiction of competent Courts at Mumbai and the law applicable shall be Indian Law. The promotion shall not be valid and no participants from any city/state may participate if such contests and participation is prohibited as per applicable law in the states that they reside in/belong to.
Terms and Conditions for online Comedy gig (“Event”)
1)This Event is organized by Viacom 18 Media Pvt. Ltd. ("Organizers").
2)The Comedy gig utility can be claimed and attended by only those Fully Faltoo NFT owners who hold the Fully Faltoo NFT. Rare: Dunk That Junk, Biryani Collection: (Goat Revolution, Murgi Revolution, Aloo Revolution), Akbar- the machchar killer, Majnu, Kaisi Yeh Yaariaan (Holi, Fireflies, Rock concert, Egg proposal, Stargazing) Rocker Cat, Space Cat, A Panda's Grey AnatomyLoot: Bakra, Rangu the Champ, Wing it like Wingesh, Many Me(13 rare + 3000 loots) as on the date of the said Event.
3)The event is a 1-time gig which will have to be availed on the date and allotted slot of the Event, failing which no other utility will be provided/ rescheduled or adjusted.
4)For each NFT owned/held as of 24th June 2022,1 token will be issued, If the owner gets more than 1 token, they can share and extend friends and connections for the Event.
5)The token is a randomised key which has only 1-time access and the user cannot have multiple logins with 1 token. If logged out in between re-login not possible with the same token.
6)The invite link shared would have access to only 1 unique user authorised by an OTP/authenticator on the registered mobile number/ email id, no duplication or double access would be allowed.
7)It's a closed-door virtual comedy gig Event, the attendees nor the artist can record/publish the Event on any platform whatsoever.
8)The 30 min comedy gig Event will be a 1-way Event where the attendees 3013 (Loot owner + Rare owners) will not get a chance to interact with the artist.
9)The 15 min additional meet and greet is exclusively for the 13 rare collectors. The mediator will provide guidelines for 1-1 interaction for 13 rare collectors which will have to be adhered to, failing to which the participant will be muted for a smoother flow of the meet and greet section.
10)Organisers hold the right to amend/deny and manage the flow and conduct of the Comedy gig Event
11)The Organizer takes no responsibility, liability or any other expenses for the participants and does not take any responsibility or liability in case the Event is cancelled or re-scheduled or replaced for any reason whatsoever.
12)All efforts will be made to ensure smooth and clear access to the comedy gig Event, however, technical troubleshooting at the individual end will have to be self-managed.
13)The choice of artist for the utility will be held by the Organizers.
14)The Organizer is not responsible for any errors or omissions in the Terms & Conditions contained herein. All information provided in the Event is provided "as is" without warranty of any kind. The Organizer makes no representations and disclaims all express, implied, and statutory warranties of any kind to the participants including, without limitation, warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose.
15)By participating in the Event, the participants agree to be bound by any rules, regulations, guidelines or policies ("Rules") associated with the Event and agree to be bound by any decisions made by the Organizer, including any interpretations of such Rules by the Organizer.
16) The Event shall be subject to the exclusive jurisdiction of competent Courts at Mumbai and laws of India shall apply.
Guardian blockchain Labs Pte Ltd is Limited Liability Companies registered in Singapore. The Platform allows and facilitates acquiring of “Digital Collectible(s) or Collectible(s)” (Defined Below) through “Purchase” (Defined Below) or “Auction” (Defined Below).
FullyFaltoo operates web applications, web services and platforms, and may add mobile applications in the future. FullyFaltoo reserves the right to change the Terms at any point in time, and the Terms will be updated on the website URL https://www.fullyfaltoonft.com/terms.php The user who agrees to the present Terms also agrees to all the subsequent changes in our Terms.
You may contact [email protected] for addressing any issues or questions.
THESE TERMS AND CONDITIONS DO NOT APPLY TO CREATORS, WHO ARE GOVERNED BY A DIFFERENT SET OF TERMS AND CONDITIONS.
These terms and conditions (“Terms”) of use govern the usage of the Guardian Blockchain Labs Pte Ltd (Referred to as “Us” or “We” or “Our” or the “Platform”) Platform by users (Referred to as “You” or “Your”) who engage in trading of nonfungible tokens representing digital artwork, audio, images, and any other content and type of content that might be added to the Platform in the future (Collectively or in-part referred to as “Service” or “Services”).
Digital Collectibles and/or Collectibles: A “Digital Collectible(s)” Or “Collectible(s)” presently is a nonfungible token implemented on the Polygon blockchain Platform using smart contracts (Referred to as “Smart Contracts” or “Byte Codes”)
If you use the platform on behalf of a company or any other organization (“entity”), you, by agreeing to these terms, confirm that you are fully authorized to bind such an entity to the warranties and obligations made under disagreement you also represent and warrant that you have the right, the authority, and the capacity to enter into a disagreement on behalf of that entity.
Any user who uses the FullyFaltoo Platform to trade, purchase, and access information on digital Collectibles/non-fungible tokens/consume website content including but not limited to texts, audio, visual content, videos, and any other form of content is bound to agree to these Terms. Any user who does not agree to these Terms shall not access or use the Platform.
Using the Platform (including applying for or opening a FullyFaltoo account) does not automatically mean that You will be entitled to enjoy full use of the Platform’s functionality (including bidding for NFTs at auction or purchasing NFTs) and/or that we will enter into any form of commercial or other arrangement with You, other than this Agreement.
All the terms mentioned in this Agreement are intended to continue and shall survive termination, including Agreement relating to exclusions and limitations of liability, intellectual property restrictions and ongoing use of Your data.
We partner third-party service providers for our activities such as payment processing, handling of custody, completion of KYC (Know your Customer) formalities, and other services from time to time.
We reserve the right to engage with any third-party service provider without prior notification, and agreeing to these terms implies that you agree to all our third-party engagements for carrying out the activities intended by the platform in the present and in the future.
Every third-party service provider might have their own set of terms and conditions that you should agree to. Any dispute arising between you and the third-party service provider should be settled between the two parties involved. The platform is, in no way, responsible for the settlement of the dispute.
The Platform provided by FullyFaltoo is intended to be used by users who are at least 18 years of age or of minimum legal age in your jurisdiction (whichever is later) and only the users who meet this criteria should enter into a contractual agreement with FullyFaltoo.
By accessing the Platform, you agree that you are not in any way legally forbidden from accessing or using any features of the Platform. You also confirm that you will not use the Platform for any illegal and unlawful activities including but not limited to acts of terror, acts that might be detrimental to the security and legal interests of any individual or country/administrative body.
By accessing the Platform, you agree that you have not been placed on any of the following lists: European External Action Service Consolidated Financial Sanctions List; EU Terrorist List; FATF Non-Cooperative Countries and Territories; Federal Bureau of Investigation Most Wanted Terrorists & Seeking Information; Bank of England Sanctions List; HM Treasury Sanctions List; Politically Exposed People List; World Bank Ineligible Firms; Department of Foreign Affairs and Trade Consolidated List.
By accessing the Platform, you agree that it is your responsibility to ensure that your equipment meets the technical requirements you need to access the Platform in its optimal experience. We are not responsible for any harm or loss caused by inadequacy of or lapses in your equipment standards and functionality.
By accessing the Platform, you agree that we receive the right to restrict your access in the interest of your and the Platform’s security. You are responsible for treating your security-related access-information such as usernames, passwords, and any other identifier with utmost care and confidentiality. Any activity that happens under your login ID is your responsibility, and you are expected to immediately report any unauthorized access to our support services.
By accessing the Platform, you agree that all the information furnished by you is accurate, and you are solely responsible for addressing issues that might arise due to inaccurate information. You may choose to customize your username, and we reserve the right to change your username if it includes profanity or hate-language content or sensitive information/issues.
By accessing the Platform, you agree that we reserve the right to disable your account and/or access to your account if at any point in time, you’re found to be in violation of the Terms. We do not hold any responsibility for the actions outside or within our Platform that resulted in your account being disabled.
The Custodial FullyFaltoo Wallet
To transact with the platform, you must, after creating your account, make use of the third-party payment service providers that our platform has partnered with to fund your wallet.
The items offered on the platform either for direct sale or for auction are unique cryptographic tokens also known as nonfungible tokens. These nonfungible tokens are minted using smart contracts and they are tracked and stored on the Polygon Blockchain.
The platform is responsible only for the smart contract that constitute the nonfungible tokens launched on FullyFaltoo.com. The initial owner of the token will be the artist/creator/brand/celebrity that the platform partners with.
Any transaction intended for the purpose of transferring, offering, bidding, listing, selling, or purchasing of these nonfungible tokens will be initiated through one or more smart contracts, and some of the elements off every transaction might be outside the Polygon ecosystem. By consenting to this agreement, you also accept to the transfer of the digital collectibles, the fees, the commissions, and the royalties will be automated through smart contracts.
Accepted Payment Forms, Taxes, Gas & Fee
You can purchase your digital collectible on the platform using either the third-party payment service provider or UPI (refer to the ‘The Custodial FullyFaltoo Wallet’ section). You may be, subject to the options provided by the third-party payment processor, able to fund your wallet through credit cards, debit cards, and other methods. It is to be noted that the payment restrictions and limits might also be the result of your agreement with the third-party payment service provider or the financial institution that provides the payment instrument you utilize to fund your wallet.
You are responsible for handling and paying all the taxes involved in the transaction. You are also responsible for the payment of any taxes that might become payable in the future as a result of your ownership or transfer or purchase or sale.
Any activity on the blockchain including but not limited to transactions may require payments of small fees called ‘gas’ fee.
The platform holds the right to absorb the gas fees on your behalf or pass it on to you. If the platform does not bear any gas fees, it is strictly on a non-precedential basis. You also acknowledge that the platform may add or deduct gas fees in the future.
The value of the gas fee fluctuates rapidly and is often unpredictable. It is outside the control of the platform. By consenting to this agreement, you acknowledge that no contract or agreement or offer or bid or sale or any other form of transaction be invalidated, revocable, retractable, or otherwise unenforceable on the platform on the basis that the gas fee was unknown or too high or unacceptable in any other way to you.
All the gas fees are nonrefundable and they will not be refunded under any circumstance whatsoever.
All the payments made to the platform for the purpose of transaction Are non-refundable.You can read the details of it under the Refund Policy section below:
Under no circumstances shall any form of refund be entertained, especially for completed transactions. The platform does not hold any responsibility for wrongly conducted transactions, transactions carried out with wrong addresses, transactions carried out as a result of any
malicious embody impersonating the platform, and transactions attempted without complying with the set standards.
The funds added to the wallet will not be eligible for withdrawal until a period of seven days post completion of drop.
Under no circumstances shall a fulfilled transaction for the purchase of a digital collectible be reversed or refunded.
In the event of the user losing an auction, the bid amount will be returned to the Wallet. The seven day interval still applies for the withdrawal.
You will not be eligible to withdraw your Wallet balance if you have placed a bid and if the auction is still active.
The platform reserves the right to modify the rules of refunds and it will be updated in the terms and conditions.
You are encouraged to check the Terms page for the latest version of the rules and policies.
The Different Selling Formats
The digital collectibles are available either for direct purchase or under an auction system.
The purchase of the digital collectible at an advertised list price will reduce your spending balance permanently by a commensurate number of tokens.
The platform follows the classic English auction method. The auction is bound by a certain stretch of time. The platform will list the digital collectible and will decide on the minimum bid value.
The user with the highest bid at the time of the auction ending is considered the winner of the auction and they, upon conditions required being met, will be eligible to own the digital collectible.
If a bid is placed within the last 10 minutes of the auction, the auction time will be extended by 10 minutes from the time of the bed, so last minute bids can be accommodated.
The bidding amount will be unavailable for spending including four other bids and for direct purchases.
Properties of a Digital Collectible
We hold no responsibility for the Collectibles traded on our Platform. We do not investigate and cannot guarantee or warrant the originality, the authenticity, the uniqueness, and the value of the Collectible. While we try our best to ensure that the information provided on our Platform is accurate, we hold no responsibility for changes that may occur from time to time.
Collectibles are subjective in their value. The user understands that the value of Collectibles is extremely volatile and maybe subject to fluctuations, emotions, and market movements. These Collectibles are not a legal tender and or not backed by any government. Legislative and regulatory changes may adversely affect the value, the use, and the transferability of these Collectibles.
Our Collectibles could be subject to the risk of counterfeiting or fraud or cyber attacks or some other technical challenge that might prevent your access to the Collectibles.
You agree that you are solely responsible for determining the potential value, suitability, nature, and appropriateness of risks by yourself when it comes to purchase of/bidding on Collectibles. You also understand that we will not be responsible for any disruptions or errors or distortions or failure of communication you may experience in using our services. We do not, in any way, take responsibility for your buying/bidding decisions.
Transfer of Ownership & Selling in Secondary Markets
The user who directly purchases or wins the auction becomes the owner of the digital collectible. As the owner of the digital collectible, the user has the eligibility and right to sell their digital collectible on the proprietary marketplace that will soon be launched parallel to the platform.
The marketplace will have its own set of terms and conditions that the users (both buyers and sellers) will have to separately and explicitly agree to in addition to the terms and conditions that govern the platform.
All the risk and responsibility of the digital collectible, once transferred to you, will fall on you. The exact time at which the risk of the digital collectible is transferred may be determined at the discretion of the platform.
The platform does not hold any responsibility for any uses you make of the digital collectible or any future transactions you make of/with the digital collectible.
The disclaimers and limitations of liability made by the platform under this agreement shall not be terminated or relinquished but shall survive in the event of any subsequent sale or transfer or disposition or burning or any other form of relinquishment of the digital collectible by you. It is your responsibility to provide notice to any subsequent processor or owner of the digital collectible and all the disclaimers attached.
Intellectual Property of the Platform
fullyfaltoonft.com (or, as applicable and as determined by fullyfaltoonft.com, fullyfaltoonft.com ‘s licensors) own all legal right, title and interest in and to all elements of the Platform including text, images, graphics, design, systems, methods, information, computer code, software, services, ‘look and feel’, organization, compilations, code, data, photographs, articles, images, illustrations, audio, audiovisual, video, and all other elements of the Platform (collectively and severally “fullyfaltoonft.com Materials”)
All trademarks, service marks, and trade names contained in the fullyfaltoonft.com Materials are proprietary to fullyfaltoonft.com or its licensors. All rights in the product names, brand names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs whether or not appearing with a trademark symbol and whether or not registered, belong exclusively to fullyfaltoonft.com or their respective owners (including fullyfaltoonft.com brand partners), and are protected from use, misuse, reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.
You agree and undertake at all times to abide by all copyright notices, trademark rules, information, and restrictions contained in any fullyfaltoonft.com Materials featured on or accessed through the Platform.
Use, copy reproduce, modify translate, store, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any fullyfaltoonft.com Materials or other proprietary rights not owned by You, (i) without fullyfaltoonft.com’s express prior written consent and that of any applicable respective rights owners, and/or (ii) in any way that violates any third party rights;
Modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly permitted by this Agreement), create derivative Works based on, distribute, perform, display, or in any way exploit, any of the fullyfaltoonft.com Materials, software, materials, or Platform in whole or in part; or
Use modified versions of any software underlying our Platform, including without limitation, for the purpose of obtaining unauthorized access to our Platforms or applications.
fullyfaltoonft.com reserves all rights in and to the fullyfaltoonft.com Materials not expressly granted to You in this Agreement.
Intellectual Property of the NFT
As the owner of the Digital Collectible, you may not copy or modify or edit or reverse engineer the Collectible in part or in full including but not limited to the imagery, the design, the colors, the look and feel, the format, the features, or attributes.
As the owner of the Digital Collectible, you will not use the Collectible in any derogatory fashion and for any purpose remotely related to and legally classifiable to be about hatred, violence, racism, slavery, intolerance, cruely (to humans and other living beings), and harassment.
As the owner of the Digital Collectible, you will not use the Collectible for sales purposes (unless explicitly deemed as authorized usage by law), gambling, in pornographic context, spamming purposes, or any way that intends infringement of others’ rights and is deemed unlawful. This includes but is not limited to manners that could be considered defamatory, threatening, abusive, obscene, vulgar, offensive, and indecent. You also understand that you will bear all the legal consequences of such actions.
As the owner of the Digital Collectible, you may not remove or obscure any signature of the creator/brand that attributes the creation. You may not take any steps that might mislead others or cause discrepancies in identifying the brand/celebrity/creator behind the Collectible.
As the owner of the Digital Collectible, you may not use the Collectible for any commercial purpose including but not limited to promotion of businesses, products, or services, advertising, creation of commercial products like merchandise, or refer to or otherwise liking themselves to the Collectible or any of its attributes.
Any financial benefit that you derive from the Collectibles including but not limited to its value in secondary market places is purely incidental. We do not guarantee that the price/value of the Collectible will move in a certain direction. The user understands that the value of the Collectible is subjective and is vulnerable to emotions, volatility, market fluctuations, and regulations/legal frameworks.
The rights of the Collector/Owner include the use of the Collectible:
- for the purpose of sharing, promoting, discussing, or commenting on the NFT and the Collector’s purchase or ownership of the NFT including social media platforms, blogs, digital galleries, or other digital media;
- on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the NFT to which the Work is affixes; and
- within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments, including simultaneous display of multiple copies of the Works within one or more virtual environments.
You hereby irrevocably release, acquit, and forever discharge fullyfaltoonft.com and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement in respect of fullyfaltoonft.com’s use of a Works in accordance with this Agreement, including without limitation, fullyfaltoonft.com’s solicitation, encouragement, or request for You or third parties to host the Works for the purpose of operating a distributed database and/or promoting the Platform.
You agree to indemnify and hold fullyfaltoonft.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of Your access to the Platform, use of the Platform, the violation of this Agreement by You, or the infringement by You, or any third party using Your account, of any intellectual property or other right of any person
fullyfaltoonft.com respects the intellectual property rights of others. It is our policy to use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under the Digital Millennium Copyright Act (“DMCA”) and this Agreement, including removing or disabling access to fullyfaltoonft.com Materials claimed to be infringing and/or terminating accounts and access to the Platform.
If You are a copyright owner or an agent thereof and believe that any fullyfaltoonft.com Materials on the Platform infringe upon Your copyrights, You may submit a notification pursuant to DMCA by providing us with the information in writing in accordance with 17 U.S.C. § 512.
You must submit Your DMCA Take-Down Notices and Counter Notifications to us by email to [email protected], subject. fullyfaltoonft.com DMCA Take Down Notification
Official DMCA Notices must provide all the information described above in order to be effective. If Your DMCA Notice is ineffective, we may ignore it and have no obligation to remove the allegedly infringing material.
By using this Platform and its services, you acknowledge and understand that your public address of your wallet will be made publicly visible whenever you engage in any transaction on the Platform. We reserve the right to change the Blockchain that we use to power our Platform, and all the references provided in these terms still hold good and true in the event of changes in the Blockchain and/or in the decentralized protocol that we will use.
Blockchain is a nascent technology and there are possibilities of technological difficulties. In the event of such difficulties being experienced, the Platform may not function at its intended capacity and it might affect the access to your Collectibles.
Blockchain technology is subject to multiple legal uncertainties, and there are possibilities of the Platform, the Collectibles, and your funds being adversely impacted in case of any regulatory and legal inquiries, investigations, claims, fines, judgments, suits, and actions. This could hamper or impede your ability to continue the use of our Platform, the associated assets, and every other manifestation of this technology. By agreeing to these terms, you accept that you understand these uncertainties and risks.
Transactions involving the purchase of Collectibles may not be reversible except for the instances described in our refund policy. Any losses that occur due to fraudulent or accidental transactions will not be recoverable and we will not be liable or responsible for these losses. The user takes full responsibility for these transactions and the accuracy of information.
The Blockchain that powers our Platform might be subject to sudden changes in operating rules. Forking the Blockchain might result in multiple versions, and subsequently, in more than one version of your Collectible. This might affect the value and the function of the initial Collectible. Under such a situation, we might temporarily suspend our services while we determine which network to support. The decision will be at our sole and absolute discretion. We also reserve the right to stop supporting/abandoning the initial or the copy of the Collectible. We, at our sole discretion, might obtain and retain the unsupported Collectible.
If any of the terms or its application to any circumstance shall, to any extent, be declared illegal, void, invalid or unenforceable by any competent body, the legality, validity and enforceability of the remainder of the terms and the application of that term to other circumstances shall not be affected thereby, and each term of this Agreement shall be valid and enforceable to the fullest extent permitted by the Applicable Law. If any clause of those Terms is asserted invalid, unlawful or unenforceable via way of means of any in a position court, tribunal, arbitral bench, or any any competent body then such phrases will be deemed automatically adjusted by the Company to comply to the necessities for validity at such time and, as so adjusted, will be deemed a provision of those Terms as though at the beginning included and shall carry the same commercial effect/interest as the term it replaces/adjusts. If the availability invalidated is of the sort of nature that it can not be so adjusted, the availability will be deemed deleted from the Terms as even though the availability had by no means been included.
While we strive our best, we cannot guarantee continuous, uninterrupted, and error-free availability/operability of our Platform. There may be times when certain features or content or parts of our Platform or the entire Platform itself might become unavailable either on a scheduled or unscheduled basis. It is subject to modification, suspension, and withdrawal at our sole discretion and without any notice. We are not liable to you or any third-party for any of the above acts mentioned. We are also not responsible for any losses you may suffer and any drop in the value of the Collectibles you own or any Collectible which was/is on our Platform.
We may change the format and content of the Platform from time to time. You agree that your use of the Platform is on an "as is" and "as available" basis and at your sole risk. Whilst we try to make sure that all information contained on the Platform is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information. We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, availability, fitness for purpose or originality of any content of the Platform and, to the fullest extent permitted by law, all implied warranties, conditions or other implied terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Platform or relying on any of its content.
We cannot and do not guarantee that any content of the Platform will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the content.
In no event shall we be liable to you for any losses, whether indirect or consequential, or for any loss of profit, revenue, contracts, data, goodwill, or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
We are not liable for any user error, incorrect data, or loss of NFTs, or other information. Collectibles are intangible assets represented by the corresponding NFT on the Ethereum network. We are not responsible for this network, for recording, or verifying ownership or value of any Collectible.
Our role is limited to providing a Platform to allow users to offer for sale, and to buy Collectibles directly. With the exception of the initial sale of each Collectible, we are not a party to any secondary sale or purchase. We do not take payment on behalf of other parties and we are not a payment service provider.
We do our best to make sure all Collectibles are original works and do not infringe any third-party rights. There can be no guarantee or assurance of the uniqueness, originality or quality of any Collectible. You have no recourse or rights against us in relation to the existence of similar or identical works, or in relation to the infringement of any third-party rights.
Each User shall defend, indemnify, compensate, reimburse and preserve innocence of fullyfaltoonft.com Company (and every one of its officers, directors, members, employees, sellers and affiliates) from any claim, demand, action, damage, loss, value or expense, such as with out quandary affordable attorneys’ fees, arising out of or pertaining to (a) User’s use of, or behavior in connection with, the Offerings; (b) User’s violation of those Terms or some other relevant coverage or agreement of fullyfaltoonft.com Company; or (c) users violation of any rights in regards to other third persons.
Limitation of Liability
Under no circumstances will fullyfaltoonft.com be liable to You in any way for:
- any errors, mistakes, omissions, or inaccuracies relating to fullyfaltoonft.com Materials, or any loss or damage of any kind incurred in connection with use of or exposure to any fullyfaltoonft.com Materials posted, emailed, accessed, transmitted, or otherwise made available via the Platform;
- loss or damaged caused by another user’s violation of this Agreement, including any unauthorized access to or use of our servers and/or other Platform features;
- any restitution or compensation for loss of profits, revenues, and/or data;
- any types indirect, special, incidental, consequential, punitive or exemplary damages arising out of or related to participation in or the outcome of Platform uses, NFT ownership, interactions, and/or transaction, whether or not fullyfaltoonft.com has been advised or knew of the possibility of such damages; and
- the acts or omissions of any third parties, nor for any damage that You may suffer as a result of Your transactions or any other interaction with any third parties, including third-party providers that provide Wallet services and/or that store the NFT.
Hardware & Equipment
By accessing the Platform, you agree that it is your responsibility to ensure that your equipment meets the technical requirements you need to access the Platform in its optimal experience. We are not responsible for any harm or loss caused by inadequacy of or lapses in your equipment standards and functionality.
Data & Privacy
If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions.
Governing Law & Jurisdiction
These Terms shall be governed by and construed and interpreted in accordance with the laws of Singapore, as to all matters, including matters of validity, construction, effect, enforceability, performance and remedies. Although the Offerings may be available in other jurisdictions, each User hereby acknowledges and agrees that such availability shall not be deemed to give rise to general or specific jurisdiction over Guardian blockchain Labs Pte Ltd is Limited Liability Company in any forum outside the Singapore.
If a User has a potential legal dispute, claim or cause of action against fullyfaltoonft.com Company, the User shall first (prior to initiating any proceedings) contact Guardian blockchain Labs Pte Ltd is Limited Liability Company by sending an email to [email protected] describing the nature of the potential dispute, claim or cause of action and providing all relevant documentation and evidence thereof. Users shall use their respective reasonable endeavour to settle any dispute, difference claim, question or controversy arising out of, in connection with, or in relation to these terms (“Dispute”) amicably through negotiations in good faith.
All disputes arising out of or in connection with the present terms or in reference to or at once or not directly regarding those Terms or any of the topics or transactions pondered with the aid of using those Terms (for the avoidance of doubt, along with any declare searching for to invalidate, or alleging that, any or all a part of those Terms is unenforceable, void or voidable) (such claims, disputes and controversies, collectively, “Disputes”) and not resolved after 60 days of negotiations since the rise of such dispute, will be eventually settled with the aid of using binding arbitration. The arbitrator shall have distinctive authority to clear up all Disputes, and the arbitral award will be very last and binding upon the parties. The Arbitration shall take place in English. The seat of Arbitration shall be Singapore. The venue of the arbitral proceedings can be online or determined as per convenience of the parties. All Users hereby agree that any arbitration or claim shall be undertaken in their individual capacity and not as a joint class action.
Guardian blockchain Labs Pte Ltd is Limited Liability Company or any User may also provoke an arbitration intending through turning in written notice to the other, whereupon the parties shall fairly cooperate to pick out an arbitrator and submit the Dispute to such arbitrator. In the event the parties are not able to agree on the choice of an arbitrator within 15 days from the submitting of a call for arbitration, the Singapore Arbitration Association (the “SAA”) shall appoint the arbitrator. The arbitrator’s award will be written and reasoned, and binding on the parties in any and all jurisdictions.
The parties agree that the arbitral process shall be conducted in confidentiality and disclosure of any information about the arbitrator proceedings or information learnt during the proceedings could be detrimental to the business of the other party. The receiving party shall be liable to further damages if there are any breach of such Confidentiality and unauthorized disclosure of confidential information.
Guardian Blockchain Labs Pte Ltd