Terms of Service

Last updated: 2025-09-10T15:48:47.272Z

Fanstrike Terms of Service

Last updated: 10 September 2025

1. Introduction

1.1 The Fanstrike platform is owned and operated by FANtium AG, a company incorporated pursuant to and duly registered under the laws of Switzerland, and domiciled in CH-6300 Zug, Gubelstrasse 11 ("FANtium"; "we" or "us" or "our").

1.2 Fanstrike Service: Fanstrike enables users to discover, purchase, and trade blockchain-based tokens ("Creator Tokens"). Some tokens are created directly by public figures in sports themselves ("Self-Representing Tokens") while others are fan-created tokens referencing public figures ("Scout Coins").

1.3 These Terms of Service govern your use of the Fanstrike platform as an end user interacting with Creator Tokens.

2. Accepting These Terms

2.1 By clicking "Confirm" or by using the Platform, you agree to be bound by these Terms and represent that you are at least 18 years of age and have the right, authority and capacity to enter into these Terms. If you are under 18, you must have your parent or legal representative review and accept these terms on your behalf. If you are a parent or legal representative agreeing to the terms for the benefit of a child under 18, then you agree to and accept full responsibility for that child's use of the platform, including all financial charges and legal liability that the child may incur.

2.2 FANtium reserves the right to change or modify these Terms at any time in its sole discretion. If we do, we will provide notice to you or change the version number and/or date above. By continuing to access or use the Platform, you confirm that you accept any updated Terms and all of the terms incorporated therein by reference.

3. Platform Services

3.1 These Terms govern your access to and use of the Fanstrike Service, including all related tools, web applications, mobile applications, smart contracts and APIs. For the purposes of these Terms, "you" means the user accessing the platform ("User").

3.2 FANtium provides technical infrastructure enabling Users to purchase and trade Creator Tokens. FANtium is not a party to agreements between Users or between Users and token creators. Users bear full responsibility for verifying the identity, legitimacy, and authenticity of any tokens they interact with.

3.3 Please note that FANtium solely provides technical infrastructure to Users and that FANtium makes no claims about the identity, legitimacy, functionality, or authenticity of any User or of any Creator Token visible on the Platform.

4. Platform Access and User Accounts

4.1 To access the Platform, you need to register and create a user account ("User Account") including a User Wallet. As part of this process, User must link and/or set up a wallet ("User Wallet").

4.2 The User's use of the User Wallet is subject to the terms and conditions of the respective third-party wallet provider. FANtium has no custody or control over User's Wallet and no ability to retrieve or transfer any or all assets held thereon. FANtium may not make any representations or warranties as to how the transactions will be operated with a specific wallet.

4.3 Users are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access the Platform and to use the Services, whereby such license is subject to User's compliance with these Terms.

4.4 Platform access may be interrupted from time to time for any reasons at the discretion of FANtium, including without limitation, the malfunction of equipment, periodic updating, maintenance or security reasons.

4.5 In case of problems while using the Services, User shall contact FANtium.

5. Services Provided

5.1 FANtium provides access to the Fanstrike platform, allowing Users to interact with Creator Tokens onchain.

5.2 FANtium may, at FANtium's sole discretion, utilize the services of third-party service and infrastructure when providing the Services.

6. Identity Requirements

6.1 To set up a User Account or to use the Services, FANtium may request, verify and record information regarding some or all of its Users. For these purposes, FANtium may elect a suitable third-party service provider and request Users to provide all required information, including supporting documentation, legal information and other evidence as may be reasonably requested by FANtium.

6.2 You undertake to provide accurate, current and complete information about yourself, and share to FANtium or the Service Provider prompt updates related to necessary information.

6.3 If FANtium uses the services of a Service Provider, User is subject to the terms and conditions and the privacy policies of the respective Service Provider.

6.4 You understand that the non-admission of a user to use the Platform, or its exclusion at any time later, lies in the sole discretion of FANtium. You further understand that the amount of information requested to provide as part of the signup may be subject to change over time and that you may at a later point in time be requested to provide additional documents and/or information, based on which your access to the Platform may be rejected.

7. User Security

7.1 You are solely responsible for the security of your User Wallet and your User Account and your control over any usernames, passwords or any other codes that you use to access the Platform. FANtium is not responsible for managing and maintaining the security of your User Account. You agree to immediately notify us, if you discover or otherwise suspect any security issues related to the Platform or your User Account.

8. User Conduct

8.1 While accessing the Platform or using our Services you agree that:

You will not:

Pose as another person or entity

Provide false, inaccurate or misleading information

Claim another User's user name for trading tokens or for the purpose of name squatting

Share your User Account with anyone or use another User's User Account without prior written permission of said User and of FANtium

Upload unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content

upload or distribute or otherwise make available through the Platform any content that infringes intellectual property rights of FANtium, of any other User or of any other party

distribute malware, viruses, worms, defects or other items of a destructive or captive nature

distribute spam, including sending unwanted tokens to other Users

use the Platform for any illegal activity, including without limitation, terrorism, tax evasion or money laundering

use the Platform from a country or geographic area that is subject to UN-, US-, EU-, Swiss or any other sovereign country's sanctions or embargoes

enter into contractual agreements with or execute transactions involving individuals sanctioned by any UN-, US-, EU-, Swiss or any other sovereign country's government

use the Platform to carry out any financial activities subject to registration or licensing, including but not limited to creating, selling or buying securities, commodities, options, or debt instruments

defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights of others, including without limitation privacy rights and intellectual property rights

remove any copyright, trademark or other proprietary rights notices contained in or on the Platform or any part of it

act in any discriminatory manner

use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Platform, extract data, or otherwise interfere with or modify the rendering of service pages or functionality

You will not reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Platform, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of our service

attempt to circumvent any FANtium fee systems

create a product or service that is competitive with any of our products or Services

9. Communication

9.1 You agree and understand that we will communicate with you via electronic means (e.g. via providing information in your account and via emails). To ensure that you receive all of our communications, you agree to keep your email address current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communications delivered to your e-mail address on record are considered valid.

10. Platform Ownership

10.1 You acknowledge and agree that the Platform, including its "look and feel" (e.g., graphics, design, text, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the FANtium logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of FANtium or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Platform and its content, including, without limitation, the exclusive right to create derivative works.

10.2 Except as expressly set forth herein, your use of the Platform does not grant you ownership of any other rights with respect to any content, code, data or other materials that you may access on or through the Platform.

11. Creator Token Information and Disclaimers

11.1 Self-Representing Tokens: Creator Tokens created and managed by public figures in sports themselves. These tokens are official representations of the public figure's participation on the platform.

11.2 Scout Coins: Fan-created speculative tokens referencing public figures based on publicly available information. Scout Coins serve as:

Fan expression and market commentary

Information aggregation tools about public figures

Speculative instruments similar to fantasy sports and prediction markets

Market-based mechanisms for gauging public interest in personalities

11.3 Scout Coin Disclaimers:

Scout Coins are clearly labeled as fan-created market commentary

Scout Coins are not affiliated with, endorsed by, or officially connected to the represented parties unless explicitly claimed by the referenced person, brand or entity

Scout Coins are based on publicly available information only

Public figures may claim ownership of their Scout Coins or have them removed at any time

Scout Coins that remain unclaimed are automatically removed

12. User Feedback

12.1 We appreciate and encourage you to provide feedback to the Platform. If you provide feedback, you agree that we are free to use it and permit others to use it without any restriction or compensation to you.

13. User and Third-Party Content and Services

13.1 FANtium is not a party to any agreement between Users of the Platform and does not make any representations or warranties about any User or third party's content visible on the Platform, including in particular any content associated with Creator Tokens displayed on the Platform. We also cannot guarantee that any Creator Tokens will always remain visible and/or available to be bought, sold, or transferred.

13.2 Agreements between Users are subject to specific terms and conditions agreed upon by the Users. FANtium is not a party to such terms and you are solely responsible for reviewing such terms and conditions.

13.3 The Platform might contain third-party content or links to third-party websites or applications for your convenience. FANtium is not responsible for such content or links to third parties. You understand that your use of any third-party website is subject to any terms of use and/or privacy notices provided by such third-party website operator.

14. User Content and Intellectual Property Rights

14.1 You are solely responsible for all the information you provide to FANtium and/or that you publish via Platform ("User Content"). By using our Services or making any User Content available on the Platform you hereby grant to FANtium a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy modify, create derivative works based upon, distribute, publicly display and publicly perform your User Content in connection with operating and providing our services for our current and future business purposes.

14.2 You represent and warrant that you have and will have all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through or on the Platform, nor any use of your User Content by FANtium on or through the Platform will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

15. Trading and Fees

15.1 Trading Fees: Creator Tokens may be subject to trading fees imposed by FANtium and/or third-party liquidity providers. Users hereby acknowledge that trades may be subject to trading fees and that fee structures are disclosed during transactions.

15.2 Gas Fees: Every transaction is subject to a transaction fee ("Gas Fee"). Gas Fees fund the network of computers that run a decentralized blockchain network, meaning that you will need to pay a Gas Fee for each transaction that occurs via a decentralized blockchain network.

15.3 User hereby agrees to pay all applicable Gas Fees which may arise in connection with the sale and/or purchase of Creator Tokens.

15.4 FANtium has no insight into or control over these payments or transactions, nor does FANtium have the ability to reverse any transactions. Accordingly, FANtium will have no liability to Users or to any third party for any claims or damages that may arise as a result of any transactions of the Creator Tokens sold/acquired.

15.5 The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of FANtium or the Platform. The User acknowledges that under no circumstance will a contract, agreement, offer, sale, bid, or other transaction posted on or initiated via Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to a User. User also acknowledges and agrees to pay Gas Fees applicable to a transaction in Creator Tokens and that the Gas Fee is non-refundable under all circumstances.

15.6 Token Availability: Any token may be subject to management procedures including claiming by referenced parties or removal for compliance reasons. Such actions may affect token value or availability.

15.7 No Refunds: All token purchases are final. FANtium does not and cannot provide refunds for token purchases due to the nature of blockchain-based digital assets.

16. Payment Processing through Smart Contracts

16.1 The User understands and agrees that payments, fees, royalties etc. may be transferred, processed, or initiated directly through one or more smart contracts on blockchain networks. By using the Platform and by interacting with smart contracts, User hereby acknowledges, consents to and accepts all automated payments, fees, royalties etc. for the transactions being initiated via Platform and consents to and agrees to be bound by the smart contracts' execution and distribution of the payments, fees, royalties etc.

17. Tax Considerations

17.1 It is the respective responsibility of each User to seek relevant tax advice in order to measure the tax impact of the use of the Platform, the use of the Services and/or the contemplated transaction and comply with any applicable tax obligations in whichever jurisdiction. Furthermore, each User must pay those taxes which are due to them by law.

18. Indemnification

18.1 You agree to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless FANtium, and our 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 (individually and collectively, the "FANtium Parties"), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interests, fees, expenses (including, without limitation, attorneys' fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, "Claims"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Platform, content, Creator Tokens, or content linked to or associated with any Creator Tokens (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or willful misconduct. You agree to promptly notify FANtium of any Claims and cooperate with the FANtium Parties in defending such Claims. You further agree that FANtium shall have control of the defense or settlement of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities as set forth in a written agreement between you and FANtium.

19. Representations, Warranties, and Acknowledgments

19.1 You represent and warrant to FANtium the following, and acknowledge that FANtium is relying on these representations and warranties:

a) You warrant and represent that you (or your legal representatives) have the full right and authority to enter into this Agreement, to execute this Agreement, to perform your obligations hereunder, and that such rights are free from any claims by third parties. You shall refrain from entering into any agreement with any person or entity that contravenes any of the provisions set out in this Agreement.

b) You are not listed, or associated with any person or entity listed, on any of the US Department of Commerce's Denied Persons or Entity List, the US Department of Treasury's Specially Designated Nationals or Blocked Persons Lists, the US Department of State's Debarred Parties List, the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions, or the Swiss SECO's Overall List of Sanctioned Individuals, Entities and Organizations, and neither you nor any of your affiliates, officers or directors is a resident of a country or territory that has been designated as non-cooperative with international anti-money laundering principles or procedures by an intergovernmental group or organization, such as the Financial Action Task Force on money laundering ("FATF").

c) You confirm not to be resident of, citizen of or located in a geographic area that is subject to UN-, US-, EU-, Swiss or any other sovereign country sanctions or embargoes.

d) You understand and agree that you are not entitled to sell, donate, pledge or transfer in any other way Creator Tokens to persons as defined in lit. b – c above.

e) Any funds used to buy Creator Tokens are: (i) good, clean, clear and are of non-criminal origin; (ii) completely free and clear of any liens or encumbrances of any kind of any rights of third-party interests; and (iii) have no origins that may be connected to any breach of money laundering regulations whatsoever, as defined in the jurisdiction of origin, or internationally.

f) You are legally permitted to receive and hold and make use of Creator Tokens in your jurisdiction.

g) You are not obtaining or using Creator Tokens for any illegal purposes.

h) You hereby waive the right to participate in any class-action lawsuit or class-wide arbitration against any entity or individual involved in the operation of the Platform.

i) You understand and expressly accept that there is no warranty whatsoever on the success of the Platform and the Creator Tokens, expressed or implied, to the extent permitted by law, and that the Creator Tokens are at your sole risk on an "as is" and "as available" basis and without, to the extent permitted by law, any warranties of any kind, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose.

j) You understand and accept that you have not relied on any representations or warranties made by FANtium or any other person outside of FANtium made in this Agreement, including but not limited to, conversations of any kind, whether through oral or electronic communication, or any presentation, technical paper, white paper, social media content or website posting.

k) You understand that the value of Creator Tokens over time (if any) may experience extreme volatility or depreciate in full.

l) You understand that you bear the sole responsibility to determine if buying, using or owning Creator Tokens, the potential appreciation or depreciation in the value of Creator Tokens over time (if any), the sale and purchase of Creator Tokens and/or any other action or transaction related to the Platform have tax implications.

m) All information provided by you within any registration process is true and accurate and you do not act on behalf of any third party.

n) You have sufficient understanding of the functionality, usage, storage, transmission mechanisms and intricacies associated with cryptographic tokens and blockchain-based software systems.

o) You understand and accept that trading in Creator Tokens involves significant risk and you may lose money.

p) You are not relying on FANtium for legal, financial, accounting, or tax advice.

20. Disclaimers

20.1 YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND FANTIUM EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. FANTIUM AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES; AFFILIATES, AGENTS AND LICENSORS MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICES OF FANTIUM: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. FURTHERMORE, FANTIUM MAKES NO WARRANTY OR REPRESENTATION THAT THE CREATOR TOKENS CAN BE TRADED OR VALIDLY TRANSFERRED VIA SECONDARY MARKET. FANTIUM DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ENFORCEABILITY. FANTIUM WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE PLATFORM. WHILE FANTIUM ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE PLATFORM SAFE, FANTIUM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY CREATOR TOKENS, OR ANY CREATOR TOKENS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS' SERVERS ARE AVAILABLE AT ALL TIMES, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE FANTIUM PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD FANTIUM RESPONSIBLE FOR ANY BREACH OF SECURITY.

20.2 WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF CREATOR TOKENS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH CREATOR TOKENS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR CREATOR TOKENS.

20.3 CREATOR TOKENS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., SOLANA NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN. FANTIUM AND/OR ANY OTHER FANTIUM PARTY CANNOT AFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY CREATOR TOKENS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.

20.4 NO FANTIUM PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE CREATOR TOKENS. NO FANTIUM PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE CREATOR TOKENS, INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

20.5 The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. To the extent we may not, as a matter of applicable law, disclaim any (implied) warranty the scope and duration of such warranty will be the minimum permitted by applicable law.

21. Risks

21.1 You accept and acknowledge:

The prices and liquidity of Creator Tokens are extremely volatile. Fluctuations in the price of cryptocurrencies and other digital assets could materially and adversely affect Creator Tokens made available through the Platform. You understand that you may lose money

A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of a certain Creator Token

The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Platform and the utility of tokens and Creator Tokens

Our Platform does not store, send, or receive cryptocurrency assets. We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Transactions in Creator Tokens may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some transactions in Creator Tokens shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction

There are risks associated with using internet- and blockchain-based products, including but not limited to, the risk associated with hardware, software and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your User Wallet or your User Account. You accept and acknowledge that FANtium will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform or any blockchain network for transactions, however caused

The Service may rely on third-party platforms and/or vendors and/or other third-party providers. If we are unable to maintain a good relationship with such platform providers, vendors or other third party providers; if the terms and conditions or pricing of such platform providers, vendors or other third party providers change; if we violate or cannot comply with the terms and conditions of such platforms, vendors or third party providers; or if any of such platforms, vendors or other third party providers loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Platform will suffer

There are risks associated with purchasing digital assets, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any Creator Tokens, User Wallets or User Accounts

FANtium reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on FANtium. Under no circumstances shall the inability to view your assets in your User Wallet or in your User Account or an inability to use the Platform in conjunction with the purchase, sale or transfer of items available on any blockchains serve as grounds for a claim against FANtium

If you have a dispute with one or more Users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE

22. Limitations of Liability

22.1 LIABILITY OF FANTIUM FOR DIRECT AND INDIRECT DAMAGES – REGARDLESS OF THE LEGAL GROUND – IS EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. LIKEWISE, CONTRACTUAL LIABILITY FOR ACTIONS OR OMISSIONS OF AUXILIARY PERSONS AS WELL AS NON-CONTRACTUAL LIABILITY OF FANTIUM IS EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

22.2 Some jurisdictions do not allow the exclusion of certain limitations of liability provided in these Terms. If you are in such a jurisdiction, some of the above limitations may not apply to you. To the extent we may not, as a matter of applicable law, limit our liabilities, the extent of our liability will be the minimum permitted by applicable law.

23. Privacy Policy

23.1 Please see our Privacy Notice to understand how we collect and use and disclose your personal data.

24. Modifications to the Services

24.1 We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, our Platform (or any features or parts thereof) at any time and without liability as a result.

25. Termination

25.1 FANtium has the right with or without notice and in its sole discretion, to suspend, disable, terminate or delete your User Account and/or your ability to access or use the Platform or our Services (or any part of the foregoing) at any time and for any or no reason. You acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us.

26. Export Laws

26.1 You agree that you will not use the Platform in a manner that breaches or causes the breach of any applicable export and re-export control laws and regulations.

27. Subcontractors

27.1 FANtium may commission subcontractors with the performance of its Services.

28. Survival

28.1 All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by FANtium or you. Termination will not limit any of FANtium's other rights or remedies at law or in equity.

29. Assignment

29.1 You may not assign or transfer these Terms, and any rights and licenses granted by FANtium hereunder without prior written consent of FANtium. FANtium may freely assign or transfer these Terms or any rights and licenses granted hereunder without restriction.

30. Waiver and Cumulative Remedies

30.1 No failure or delay by FANtium in exercising any right or remedy under these Terms shall constitute a waiver of such right or remedy. Other than expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedy of FANtium.

31. Severability

31.1 If any provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms or invalidate or render unenforceable such provision in any other jurisdiction. Upon such determination that any provision is invalid, illegal or unenforceable, these Terms shall be modified to effectuate the original intent of the Parties as closely as possible.

32. Miscellaneous

32.1 This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, shall be effective unless made in writing by the Parties. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Except as otherwise provided in this Agreement, this Agreement, and the rights and obligations of the parties hereunder, will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives. Any notice, demand or request required or permitted to be given under this Agreement shall be in writing and shall be deemed sufficient when delivered personally or by overnight courier or sent by email. If one or more of the provisions in this Agreement are deemed void or unenforceable to any extent in any context, such provisions shall nevertheless be enforced to the fullest extent allowed by law in that and other contexts, and the validity and force of the remainder of this Agreement shall not be affected. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, and all of which together shall constitute one and the same agreement.

33. Governing Law and Jurisdiction

33.1 These Terms shall be governed by the substantive laws of Switzerland. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.

33.2 Any dispute arising from these Terms shall be submitted to the exclusive jurisdiction of the ordinary courts of the city of Zug, Switzerland.