TERMS OF USE

This Terms of Service (the “Terms”) is a binding agreement between you (”End User” or “you”) and Fandora (“Fa'npage”). These Terms govern your use of Fandora’s website fandora, or Fandora’s mobile app (collectively, the “Site”) and provide you with the opportunity to purchase unique non-fungible token’s (“NFT’s”) from us, which are created by us through our work with Artists and other talent including athletes, brands and influencers (collectively, the “Creators”), the transaction and process of which shall be done through the Site (together with the Site, the “Services”). The Services are licensed, not sold, to you.

BY CLICKING THE BOX TO INDICATE ACCEPTANCE, BY USING THE SITE, OR OTHERWISE USING THE SERVICES, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS AND THE FANDORA PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE AND CEASE USE OF THE SERVICES.

SECTIONS BELOW INCLUDE AN ARBITRATION PROVISION AS WELL AS A CLASS ACTION WAIVER. YOU AGREE TO SETTLE ALL DISPUTES BY BINDING INDIVIDUAL ARBITRATION THROUGH AGREEING TO THESE TERMS OF USE, WHICH ENSURES YOU FORFEIT YOUR RIGHT TO HAVE THE CASE RESOLVED BY A JUDGE OR JURY, AS WELL AS ANY RIGHT TO ENGAGE IN COLLECTIVE ACTION, SUCH AS A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

License Grant

Subject to these Terms, Fandora grants you a limited, non-exclusive, and nontransferable license to use the Site for your personal, non-commercial use on devices owned or otherwise controlled by you (“Device(s)”) and to use the Services strictly in accordance with these Terms.

Changes to the Terms

We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

Your Account with Us

To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete. It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations. If you no longer want to use our Services again, and would like your account deleted, contact us. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.

Your Access and Use of Our Services - You will access the platform from your wallet. You will not be able to engage in any transactions on the Site other than through authorized digital wallets.

Access - you understand and accept that access to your Fandora account is restricted to the wallet owner only. Without our prior written permission, you agree not to sell, rent, lease, or give access to your Fandora account to anyone.

Protection - You accept and agree that you are solely responsible for the security of your account and for maintaining control over any user names, passwords, or other codes you use to access the Services. Third-party access to your account may result in the loss or theft of NFTs and/or funds kept in your account and any related accounts, including your linked in account. You accept and consent that you will not hold us accountable for the maintenance and protection of your account. You also understand and accept that we are not liable for any unauthorized access to or use of your account (and you will not hold us liable). You are in charge of keeping an eye on your account. If you find any irregular or suspicious behavior in your account, please contact us immediately.

Content - All NFT content on the Site is created by Users. Fandora makes no representations or warranties as to the quality, origin, or ownership of any content found in the offerings. Fandora shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the content. Fandora shall not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of content.

Fees - By purchasing or selling a NFT on the Site, you agree to pay all relevant fees and allow Fandora to deduct fees from your payment automatically. Service fees may be adjusted from time to time in the sole discretion of the Fandora. Commissions are set in the sole discretion of the Creator.

No Refunds - All transactions involving the offering are final. All Fees relating are non- refundable except at the sole discretion of Fandora (for service fees and other fees within its control) or applicable third parties.

Restrictions to Your Access to and Use of Our Services

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian;

make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;

distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;

market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;

interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;

incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;

use automated scripts to collect information from or otherwise interact with the Services;

impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;

intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

use or attempt to use another’s account, service or system without authorisation from Fandora, or create a false identity on the Services;

use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;

use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;

use the Services for any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;

use Services for extracting any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;

use Services for uploading any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;

use Services for uploading any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;

use Services for uploading any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;

use Services for uploading any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people;

use Services for uploading any material that contains a threat of any kind, including threats of physical violence;

use Services for uploading any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;

use Services for uploading any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or

use Services for uploading material that, in the sole judgment of Fandora, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Fandora, the Services or its users to any harm or liability of any type.

participate in any activity that aims to defraud Fandora, other users, or anyone else, or to provide Fandora with any fraudulent, inaccurate, or misleading details.

In addition to the above, your access to and use of the Services must, at all times, be compliant with our community guidelines. We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our community policy, or otherwise harmful to the Services or our users. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

Representations and Warranties

You can only use our Platform if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. Representations and warranties are statements and promises made by you to us upon which we rely as being accurate in our dealings with you. By using the Platform, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use the Platform, however, and we reserve the right to change our eligibility criteria at any time. You make the following representations and warranties to us at the time of entering into these Terms of Use and every time you use the Platform:

you are at least eighteen (18) years old and be able to form legally binding contracts. Persons under the age of 18 are not permitted to use the Site

you are of sound mind and have the capacity to enter into these Terms of Use

all personal information that you provide about yourself is accurate and true to the best of your knowledge

you have carefully considered the risks involved with using the Site and the Platform, and also the risks associated with tokens technologies including but not limited to the possibility of losing all the tokens you have

you will only ever use your legally own tokens unless you are authorized on behalf of a third party (“Third Party“) and we agree that you may act on behalf of that Third Party. We may request that you provide written authorization from the Third Party confirming you have the necessary authority to transact tokens on their behalf

if you are registering or accepting these Terms of Use on behalf of a legal entity such as a company, trust or partnership, you further represent and warrant that: (a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf.

you are not breaking any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting

you will not use the Site or the Platform in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband tokens or proceeds

any trading or other instructions received or undertaken through your signature credentials are deemed to be valid, binding, and conclusive, and that the Company may act upon those instructions without any liability or responsibility attaching to it and

your use of the Platform does not violate any laws or regulations applicable in your country of residence.

Account Suspension

You accept that Fandora has the right to suspend, pause, or cancel your connection to the Services, or close your account if we believe, in our absolute discretion, that your account is being used for money laundering, terrorist activity, fraud, or other illegal activity. Any Collectible that infringes or in a manner infringing the copyright, trademark, patent, trade secret or other intellectual property or other proprietary rights of others, or upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws (including, copyright or trademark laws) or rights of privacy or publicity is prohibited unless consent is given to Creator from the original owner.

Communication

- You agree that we may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You agree that we may send you communications by email or text message that pertain to the status of a purchase or sale of a NFT on the Site, and other communications that pertain to your interaction with the website, including but not limited to notifications about the status of a NFT you are interested in purchasing. You may opt out of promotional communications at any time by following the instructions provided therein.

User Content

- The Site allows (1) users to connect to the platform where they can post information about themselves, their work, art, and view NFTs that they own; and (2) artists or creators of NFTs and other media content to post their contents. All User Content shall adhere to the following guidelines:

Your Profile Information would be considered non-confidential and non-proprietary if you add it to the Web. By uploading User Content to the Website, you grant us and our associates, as well as their respective licensees, successors, and assigns, the right to use, reproduce, alter, execute, view, distribute, retransmit, print, broadcast, and otherwise reveal any such material to third parties for any reason.

You reflect and warrant that (1) you own and control all rights to your User Content, and that you have the authority to issue such licenses to us and our associates, as well as their respective licensees, successors, and assigns; and (2) all of your User Content complies with these Terms of Use.

You recognize and accept that you, not Fandora, are solely responsible for any User Content you send or contribute, and that you, not Fandora, are solely responsible for such content’s legality, reliability, accuracy, and appropriateness. We are not liable to any third parties for the quality, accuracy, or appropriateness of any User Content posted on the Site by you or any other user.

You give Fandora permission to use your name and picture for marketing and promotional purposes. If you are a Creator, you accept that we will use your biography and other publicly available information to promote the contents/ NFTs that you have made.

As a Creator, you understand and accept that (1) You are responsible for the accuracy and quality of your content; (2) Any content that breaches any of Fandora policies can be obfuscated or removed at Fandora’s sole discretion; (3) You will value other Creators’ intellectual property; and (4) You will not align pricing with other Creators.

We reserve the right to decline you from uploading your content at our absolute discretion. Although we are not obliged to track any User Content, we reserve the right to do so at our discretion at any time and for any reason. Fandora reserves the right to track User Content in order to identify and avoid fraud or breaches of these Terms of Service.

Ownership

The Web, all content, and all other materials contained therein, including, without limitation, the Fandora logo, and all designs, text, graphics, pictures, details, data, software, sound files, and other files, and the collection and arrangement thereof (collectively, “Fandora Content”) are the proprietary property of Fandora or our ad hoc partners. The Fandora logo, as well as any other Fandora product or service names, logos, or slogans that appear on the Site or anywhere, are trademarks of Fandora or our affiliates and may not be reproduced, imitated, or used, in whole or in part, without our prior written permission. Without our express written permission, you cannot use any Fandora Content on the Site. Without our express written permission, you may not use framing techniques to enclose any Fandora Content. Furthermore, the look and feel of the Site and Fandora Content, including without limitation all page headers, custom graphics, button icons, and scripts, are Fandora’s service mark, trademark, or trade dress, and may not be copied, imitated, or used, in whole or in part, without Fandora’s prior written permission.

Intellectual Property

All other trademarks, product names, and logos on the Web, with the exception of the Fandora Content, are the property of their respective owners and may not be reproduced, imitated, or used, in whole or in part, without the permission of the relevant trademark holder. If you feel that third-party material hosted by Fandora infringes on your copyright or trademark rights, without restricting the above, please contact us at ________________.

In this case, please provide the following details to Fandora: (1) a description of the copyrighted work that you believe has been infringed; (2) a description of the place on Site of the content that you claim is infringing; (3) an electronic or physical signature of the individual allowed to act on behalf of the owner of the copyright interest; (4) your name, address, phone number, and e-mail address; (5) a written declaration by you that the disputed use is not allowed by the copyright owner, its representative, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Serial infringers will have their accounts suspended or terminated by Fandora. Fandora’s response can be contingent on aggravating or mitigating circumstances, but in general, if an account receives three legitimate violation notifications, it will be terminated.

Privacy

You understand and consent that your personal information maybe be required or collected, used, and released in compliance with Fandora’s Privacy Policy, which is incorporated by reference into this User Agreement.

Risks

Please be aware of the following dangers when using or accessing Fandora:

The price and liquidity of blockchain assets, such as NFTs, are extremely volatile and may fluctuate drastically. Price fluctuations in other digital assets can have a material and negative impact on NFTs, which may also be subject to considerable price volatility.

Legislative and regulatory adjustments or acts at the province, federal, and international levels could have a negative impact on the use, move, trade, and value of NFTs.

Damages arising from fraudulent or unintentional transactions may not be recoverable.

Any transactions in the NFTs will be considered completed until they are registered on a public ledger, which may or may not be the same as the date or time you initiated the transaction.

The value of NFTs may be derived from market participants’ continued willingness to swap fiat currency or digital assets for NFTs, which may result in the permanent and absolute loss of value of a specific asset.

Changes to Third Party Sites (discussed in Section 14 below) can create a risk that your access to and use of the Site will suffer due to the nature of NFTs, which may lead to an increased risk of fraud or cyber assault. Changes to Third Party Sites can create a risk that your access to and use of the Site will suffer due to the nature of NFTs.

You accept and agree that you are solely responsible for evaluating the existence, potential benefit, suitability, and appropriateness of these risks for yourself, and that Fandora does not include advice or guidance about NFTs, including their suitability and appropriateness, as well as investment strategies.

You agree and accept that by accessing and using Fandora, you are agreeing to the following terms and conditions.

This brief statement, however, does not cover all of the dangers that come with NFTs and other digital properties. You acknowledge and accept that Fandora is not liable for any communication failures, disturbances, mistakes, distortions, or delays you may encounter while using Site, regardless of the cause.

Third Parties

To execute transactions, Fandora can use third-party platforms such as MetaMask or any other wallet service providers. Third-party websites or applications (collectively, “Third Party Sites”) can be linked from our Site. Third Party Sites are not managed or operated by Fandora. You accept and consent that your use of any Third Party Platform is subject to any applicable terms of service and/or privacy policies. Before continuing with any transaction with any third party, you should review any terms of use and/or privacy policies offered by such Third Party Site and perform whatever investigation you find necessary or reasonable. Fandora offers these Third Party Sites for your convenience only and does not authorize, track, support, warrant, or make any claims about them, their goods, or services. All links on Third Party Sites are used at your own risk. Our Agreement and policies no longer apply once you leave our Site. We can, but are not obliged to, alert you to the fact that you have a virus.

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY FANDORA, THE WEBSITE, CONTENT CONTAINED THEREIN, AND NFTS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. FANDORA (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

WE 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 WEBSITE. FANDORA DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WHILE FANDORA ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE WEBSITE AND CONTENT SAFE, FANDORA GATEWAY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CONTENT, ANY NFTS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

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 SITE INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED WALLET FILES; (4) UNAUTHORIZED ACCESS TO APPLICATIONS; (5) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR NFT.

NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE PLATFORM. WE DO NOT GUARANTEE THAT FANDORA OR ANY FANDORA PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS.

Fandora is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of NFTs. Fandora is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting NFTs including forks, technical node issues or any other issues having fund losses as a result.

Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

TO THE FULLEST EXTENT PROVIDED BY LAW, FANDORA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FANDORA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF FANDORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD- PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FANDORA ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, CONTENT, NFT, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR(B) THE AMOUNT YOU HAVE PAID TO FANDORA FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF FANDORA FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF FANDORA’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF FANDORA’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Taxes

You acknowledge that you are solely responsible for determining whether or not taxes apply to your transactions. The taxes that apply to your transactions are not determined by Fandora.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Fandora, 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 “Fandora Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, reasonable 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 Website, content or NFTs, (b) any Feedback you provide, (c) your violation of these Terms of Use, and (d) your violation of the rights of a third party, including another user. You agree to promptly notify Fandora of any third-party Claims and cooperate with the Fandora Parties in defending such Claims. You further agree that the Fandora Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Fandora.

Governing Law

These Terms of Use, your use of Site, your rights and obligations, and all actions contemplated by, arising out of or related to these Terms of Use shall be governed by the laws of ____________________ as if these Terms of Use are a contract wholly entered into and wholly performed within _________. You understand and agree that your use of Site as contemplated by these Terms of Use shall be deemed to have occurred in ___________ and be subject to the internal laws of ___________ without regard to its conflicts of laws provisions.

Disputes

Please read the following arbitration agreement (“Arbitration Agreement”) carefully. This provision allows you to settle conflicts with Fandora by arbitration and restricts your options for obtaining relief from us.

All Users hereby agree that any arbitration or other permitted action with respect to any Dispute shall be conducted in their individual capacities only and not as a class action or other representative action, and the Users expressly waive their right to file a class action or seek relief on a class basis.

You accept that any conflict or argument relating in any way to: your access, use, or attempted access or use of the Site; any goods sold or distributed through the Site; or any aspect of your relationship with Fandora will be resolved by binding arbitration, with the exception of any claim relating to: your access, use, or attempted access or use of the Site; or any aspect of your relationship with Fandora (1) You or Fandora can pursue equitable redress in court for infringement or other abuse of intellectual property rights if your claims qualify for small claims court; and (2) you or Fandora can seek infringement or other misuse of intellectual property rights in small claims court if your claims qualify (such as trademarks, trade dress, domain names, trade secrets, copyright, or patent). You accept that all such arbitration would be determined purely by binding arbitration held in Singapore as per the rules of Singapore International Arbitration Centre.

The arbitrator shall have exclusive jurisdiction to: (1) assess the scope and enforceability of this Arbitration Agreement; and (2) settle any dispute arising out of the understanding, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any argument that all or part of this Arbitration Agreement is invalid or voidable. (3) assess your and Fandora’s rights and liabilities, if any; (4) grant motions dismissing all or part of any claim; and (5) award monetary damages and any non- monetary remedy or relief available to a party under applicable law, arbitration rules, and these Terms of Use (including the Arbitration Agreement).

The arbitrator has the same right to grant individual relief. The arbitrator will issue a written award and statement of decision detailing the main findings and assumptions that contributed to the award, as well as the amount of any damages awarded. You and we are both bound by such a decision. By agreeing to this Arbitration Agreement, you and Fandora are both waiving your right to a jury trial and to engage in a class action or class arbitration.

If any part of this Arbitration Agreement is found to be null or unenforceable, that part shall be severed, and the remaining portions of the Arbitration Agreement shall remain in full force and effect.

This Arbitration Agreement will remain in effect until your relationship with Fandora has ended.

Termination

- We reserve the right to terminate your license to access or use the Site or Content at any time and for any cause, without warning and in our absolute discretion. In such a case, you understand and accept that we will have no responsibility or duty to you.

Severability and Entire Agreement

If any word, clause, or provision of these Terms of Use is found to be unconstitutional or unenforceable, the term, clause, or provision will be severable from the remainder of these Terms of Use and will not impact the validity or enforceability of the remaining part of that term, clause, or provision, or any other words, clauses, or provisions of these Terms of Use. These Terms of Use reflect the entire agreement between you and Fandora regarding your access to and use of the Site and Content, and supersede any and all previous negotiations, agreements, and understandings (including without limitation prior versions of this User Agreement). Unless otherwise stated, these Terms of Use are solely for the benefit of the parties concerned.

Survival

You understand and accept that all clauses of these Terms of Use will survive the termination or expiration of these Terms of Use.