FWENCLUB maintains the Site as a portal for information, news and updates about the decentralized digital ecosystem utilizing units of value denominated as “ETHEREUM” (ETH). For the avoidance of doubt, FWENCLUB does not control the protocol of the blockchain on which ETH are tradable or useable (the “Protocol”) and cannot control activities and data on the Protocol, the validation of transactions on the Protocol, or use of the Protocol. The Protocol1 is an open-source protocol that is maintained and processed by validators across the globe.
Agreement to Terms
Changes to these Terms or the Site
We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site. It’s important that you review the Terms whenever we update them or you use the Site. We suggest that you visit our Site regularly to keep up to date with any changes. Your continued use of the Site will confirm your acceptance of these Terms as modified, changed, supplemented or updated by us. If you do not agree to such revised Terms you must stop using the Site and any information, documents, links or content contained on the Site. We may also change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.
Who May Use the Site?
You may use the Site only if you are 18 years or older and capable of forming a binding contract with FWENCLUB, and not otherwise barred from using the Site under applicable laws.
We value your feedback on the Site, but please don’t send us suggestions for improvements, creative ideas, designs, pitch portfolios, or other materials (collectively the “Unsolicited Ideas”). This policy is aimed at avoiding potential disputes or misunderstandings when our Site might seem similar to Unsolicited Ideas that people submit. We may currently be developing, have developed, or in the future will develop ideas or materials internally or receive ideas or materials from other parties that may be similar to Unsolicited Ideas. If you ignore this policy and send us your Unsolicited Ideas anyway, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, assignable and transferable license under any and all intellectual property or other rights that you own or control to use, copy, modify, create derivative works based upon, make, have made, sell, offer for sale, import, and otherwise exploit in any manner or medium whatsoever known now or in the future your Unsolicited Ideas for any purpose, without compensation to you.
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create an account on the Site (collectively, your “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete and that any User Content you post, upload, input, provide or submit to us or via the Site does not breach or infringe the intellectual property rights of any third party. We do not own, control or endorse any User Content that is transmitted, stored or processed via the Site or sent to us and we are not responsible or liable for any User Content. You are solely responsible and liable for all of your User Content and for your use of any interactive features, links or information or content on the Site, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these Terms; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
You are entirely responsible for maintaining the confidentiality of your User Content and any of your non-public information. Furthermore, you are entirely responsible for any and all activities that occur under your account (if any). You agree to notify us immediately of any unauthorized use of your User Content, account or any other breach of security. We will not be liable for any loss or damages that you may incur as a result of someone else using your User Content or account, either with or without your knowledge. However, you could be held liable for losses incurred by us (as defined above) or another party due to someone else using your User Content or account. You may not use anyone else’s User Content or account at any time without the permission of such person or entity.
By posting, uploading, inputting, providing or submitting your User Content to us, you grant us, our affiliates and any necessary sub-licensees a non-exclusive, worldwide, perpetual, right and permission to use, reproduce, copy, edit, modify, translate, reformat, create derivative works from, distribute, transmit, publicly perform and publicly display your User Content and sub-license such rights to others.
You must immediately update and inform us of any changes to your User Content by updating your personal data by contacting us at firstname.lastname@example.org so that we can communicate with you effectively and provide accurate and up to date information to you.
Any User Content submitted by you on the Site may be accessed by us and other users globally.
FWENCLUB’s Intellectual Property
We may make available through the Site content that is subject to intellectual property rights. We or our licensors, or the third parties who otherwise own the intellectual property rights, retain all rights, title, benefits and interest in and to the Site and its products and services, including all copyrights, patents, trade secrets, trademarks, other intellectual property rights, trade names, logos, slogans, custom graphics, button icons, scripts, videos, text, images, software, code, files, content, information and other material available on the Site. We further reserve all rights not expressly granted.
No Unauthorised Reproduction
You may only access, use and print the information and material on the Site for non-commercial or personal use provided that you are authorized to access such information or material and keep intact all copyright and proprietary notices.
You must not otherwise reproduce, adapt, store, transmit, distribute, print, display, commercialise, publish or create derivative works from any part of the content, format or design of the Site.
If you seek to reproduce or otherwise use the content on the Site in any way it is your responsibility to obtain approval from us for such use. Nothing in these Terms will be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of us or any third party, whether by estoppel, implication or otherwise.To the extent that the Site contains functionality that allows you to access or download specific materials through the Site, your use of that functionality and the downloaded materials may be subject to separate terms and conditions which you will be asked to read and accept at the relevant time.
General Prohibitions and FWENCLUB’s Enforcement Rights
You agree not to do any of the following (the “Prohibited Acts”):
Monitoring and Investigation
FWENCLUB is not obligated to monitor access to or use of the Site or to review or edit any content. However, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms and to comply with applicable laws and other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including, but not limited to, circumstances in which we, at our sole discretion, consider it such content objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate these Terms and applicable laws.
Links to Third Party Websites or Resources
The Site may contain links which allow you to access third-party content, advertisements, websites, promotions, logos and other materials or other resources (collectively, the “Third-Party Contents”). We provide access only as a convenience and do not approve of, endorse or control and are not responsible for the content, products, or services on or available from the Third Party-Contents. We make no representations or warranties of any kind regarding such Third-Party Contents, including, without limitation, its accuracy, validity, legality, copyright compliance, suitability or decency of such content. Your use of or interactions with any Third-Party Contents, and any third party that provides Third-Party Contents, are solely between you and such third parties and we are not responsible or liable in any manner for such use or interactions. We are not responsible for any of the content on third party sites linked to the Site nor can it be assumed that we have reviewed or approved of such sites or their content, nor do we warrant that the links to these sites work or are up to date. You acknowledge sole responsibility for, and assume all risks arising from, your use of any Third-Party Contents.
No Financial Services Activities or Advice
The information and any materials contained in the Site should not be considered as an offer or solicitation to buy or sell financial instruments, provide financial advice, create a trading platform, facilitate or take deposits or provide any other financial services of any kind in any jurisdiction.
The information contained on the Site is not intended to provide and should not be construed as advice of any kind. You should obtain appropriate professional advice when necessary. It does not take into account your objectives, financial situation or needs.
We may suspend or terminate your access to and use of the Site at our sole discretion at any time and without notice or compensation to you in the event of any breach by you of these Terms (including but not limited to engaging in any of the Prohibited Acts) or in any other circumstances in which we are of the opinion that it is necessary to suspend or terminate your access to and use of the Site in order to protect our interests and the safety and interests of other users of the Site.
FWENCLUB is based in the Hong Kong Special Administrative Region (the “HKSAR”). We make no claims that the Site or any of its content is accessible or appropriate outside of HKSAR. Access to the Site may not be legal by certain persons or in certain regions or countries. If you access the Site from outside of HKSAR, you do so on your own initiative and at your own risk and are responsible for compliance with local laws.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT ANY WARRANTIESREPRESENTATIONS, PROMISES OR GUARANTEES WHATSOEVER OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SITE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION OR CONTENT IS STRICTLY AT YOUR OWN RISK.
In addition, to the fullest extent permitted by law, we shall not be responsible or liable for:
To the extent the Site allows you to interact with the Protocol, you understand that your use of the Protocol is entirely at your own risk. You assume all risks associated with using the Protocol, and digital assets and decentralised systems generally, including, but not limited to, the following:
(a) Digital assets are highly volatile
The prices of cryptocurrencies, such as Bitcoin and Ether, and other digital assets have historically been subject to dramatic fluctuations and are highly volatile. A number of factors may influence the market prices of cryptocurrencies and other digital assets, including but not limited to the following:
A decrease in the price of a single digital asset may cause volatility in the entire digital asset and token industry and may affect other digital assets. For example, a security breach that affects purchasers’ or users’ confidence in Bitcoin or Ether may affect the industry as a whole and may also cause the prices of other digital assets to fluctuate. Such volatility in the prices of digital assets may result in significant loss over a short period of time. As result of such price volatility, you may lose some or all of your investment in tokens and other digital assets.
(b) The blockchain industry is new, rapidly changing and subject to uncertainties.
The further development and acceptance of blockchain networks, which are part of a new and rapidly changing industry, are subject to a variety of factors that are difficult to evaluate. The slowing or stopping of the development or acceptance of blockchain networks and blockchain assets would have an adverse material effect on the successful development and adoption of the digital assets.
Furthermore, the growth of the blockchain industry in general, as well as the blockchain networks on which the Site will rely, is subject to a high degree of uncertainty. The factors affecting the further development of the cryptocurrency and crypto-security industry, as well as blockchain networks, include, without limitation:
(c) You may not be able to obtain all information regarding the Site and particular digital assets
Whilst token issuers and blockchain project developers may release information relating to the digital assets and blockchain ecosystems (including this Site) from time to time, such digital assets and ecosystems may not have any information rights attached to them and you may not be able to obtain all the information that you would want regarding particular digital assets and ecosystems. Additionally, there is no guarantee that any information published or released by token issuers and blockchain project develops (including FWENCLUB) is complete, accurate, non-misleading and error-free. Whether intentionally or unintentionally, such information may contain various errors, mistakes and inaccuracies, and the source of information may not be verifiable. As a result of these difficulties, as well as other uncertainties, you may not have accurate or accessible information about the token issuers, the digital assets and the blockchain ecosystems.
(d) Cybersecurity, unauthorised access and potential system failures
Cryptocurrencies transactions are entirely digital and, as with any virtual system, are at risk from hackers, malware and operational glitches. Hackers can target exchanges and token transactions, to gain access to thousands of accounts and digital wallets where tokens are stored. Cryptocurrencies have suffered from hacking and cyber-theft as such incidents have been reported by several cryptocurrency exchanges and miners, highlighting concerns about the security of cryptocurrencies and therefore affecting its demand and price. As a result, digital tokens may be subject to expropriation and/or theft. Hackers or other malicious groups or organizations may attempt to interfere with the smart contracts on which the cryptocurrency transactions are based in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing.
In addition, there is a risk that smart contracts may contain intentional or unintentional bugs or weaknesses which may negatively affect the digital tokens and ecosystems and may result in the loss of your digital assets and/or the loss of your ability to access or control your digital assets (such as in the case of corrupted cryptocurrency wallet files). In the event of such a software bug or weakness, you may lose some or all of your digital tokens and other digital assets and you are not guaranteed any remedy, refund or compensation.
Furthermore, there is a risk that a third party or a member of the token issuer or its affiliates may intentionally or unintentionally introduce weaknesses into the core infrastructure of the digital tokens and their ecosystem (including this Site), which could negatively affect the tokens and/or the ecosystem. Further, the future of cryptography and security innovations are highly unpredictable and advances in cryptography, or technical advances (including without limitation development of quantum computing), could present unknown risks to the digital tokens and/or the ecosystem by rendering ineffective the cryptographic consensus mechanism that underpins that blockchain protocol (including the Protocol).
(e) Potential loss of access to private keys
Digital assets purchased by you may be held by you in your digital wallet or vault, which requires a private key, or a combination of private keys, for access. Accordingly, loss of requisite private key(s) associated with your digital wallet or vault storing the digital assets will result in loss of such digital assets, access to token balance and/or any initial balances in blockchains created by third parties. Moreover, any third party that gains access to such private key(s), including by gaining access to login credentials of a hosted wallet or vault service you use, may be able to misappropriate your digital Tokens.
While reasonable measures may be implemented to prevent unauthorized use of the private keys, there is no certainty that the private keys will not be subject to theft, fraud or misuse. The unauthorized use of the private keys could result in significant disruption to the digital tokens and their ecosystem, and in a worst-case scenario, cause the tokens to be completely unusable and therefore worthless.
In light of the above, it is recommended that you as the holder of the digital assets should take appropriate security measures to safeguard your wallet (including but not limited to the use of two-factor authentication). You are responsible for the security of your wallet and email at all times. The token issuer and the owner of the blockchain ecosystem may not be held responsible for any such losses, and may not be under any obligation to issue replacement tokens or provide any other compensation or remedy in the event that any digital assets or private key is lost, stolen, malfunctioning, destroyed or otherwise inaccessible for any reason.
(f) Transaction costs
All transactions over the blockchain networks (such as the Ethereum network) are subject to high real-world costs and in turn makes transacting over the blockchain prohibitively expensive. While at this point in time, gas prices for basic transactions over the network may be minimal, there is no certainty that gas prices will not increase, and thereby make the trading of the digital assets based on such blockchain network commercially unfeasible. In addition, high volumes could lead to very high gas prices for processing transactions, which made using the blockchain prohibitively expensive.
(g) Ethereum and other network technology may be superseded and it is uncertain whether the Ethereum platform will become the predominant protocol adopted globally
While today, in our view, the Ethereum blockchain technology presents one of the most promising advances in blockchain technology, there is no guarantee that Ethereum will not be supplanted by competing protocols that improve upon the Ethereum technology. The Ethereum technology is open-source, meaning that anyone can copy and disseminate the same code with modifications. It is not known whether the Ethereum platform will become the predominant protocol adopted by global industry. If Ethereum is surpassed or superseded, then this could impact FWENCLUB and the usage and adoption of ETH-based digital assets may decline significantly.
(h) Exchange and counterparty risks
Where a user sends cryptocurrencies (such as ETH) to the smart contract for the purchase of another digital asset from an exchange or an account that you do not control, pursuant to the smart contract, the digital assets being purchased will be allocated to the account that has sent the payment; therefore, the seller may never receive or be able to recover his digital assets being sold even in the event that the payment does not reach the seller or there is any other failure in the payment. Your use of the smart contracts and participation in digital asset transactions on a cryptocurrency exchange or with any other third party is at your own and sole risk.
(i) The regulatory framework and status of cryptographic tokens, digital assets and blockchain technology is uncertain
The regulatory status of cryptographic tokens, digital assets and blockchain technology is unclear or unsettled in many jurisdictions, including the HKSAR. It is difficult to predict how or whether governmental authorities will regulate such technologies. The regulation of digital assets has become a primary target of regulation in all major countries in the world. It is impossible to predict how, when or whether regulatory agencies may create new regulations with respect to such technology and its applications, including the Site. It is likewise difficult to predict how or whether any governmental authority may make changes to existing laws, regulations and/or rules that will affect cryptographic tokens, digital assets, blockchain technology and its applications. Such changes could negatively impact the FWENCLUB and the Site in various ways and may cause disruption or discontinuance of functionalities and features of the Site and the Services. Token issuers may also cease the distribution of their digital tokens, the development of the blockchain ecosystem or cease operations in a jurisdiction (such as Hong Kong) in the event that governmental actions make it unlawful or commercially undesirable to continue to do so.
(j) Implications of Anti-Money Laundering and Counter-Terrorist Financing (“AML/CTF”) regulations
The Anti-Money Laundering and Counter-Terrorist Financing Ordinance (Chapter 615 of the Laws of Hong Kong) and other laws and regulations are in place in the HKSAR to combat terrorist financing and money laundering activities. Many other jurisdictions have enacted similar legislation to control the flow of capital for such illicit activities. The use of cryptocurrencies by bad actors would breach such regulations. Any illicit use of the Site and the Services could trigger scrutiny by AML/CTF regulators and potentially cause significant disruption to the operation of the Site and the Services and could seriously impact the global reputation of FWENCLUB. In the event that a token issuers or platform owner is being subject to AML/CTF investigations, regulatory action or even prosecution, significant disruption to the distribution and circulation of the digital tokens may result.
You agree that you shall have no recourse against FWENCLUB or anyone else for any losses due to the use of the Protocol, the Site and the Services.
You agree to, upon demand, indemnify, defend and hold FWENCLUB and DDT and our past, present and future officers, directors, employees, agents, consultants, and equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Site and the Services,; (b) your User Content; (c) any Unsolicited Ideas or other feedback you provide; or (d) your violation of these Terms.
We reserve the right to exercise sole control over the defence, at your expense, of any claim subject to indemnification pursuant to these Terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FWENCLUB NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE. OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON WARRANTY (IF ANY), CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FWENCLUB OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OR MAY BE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGE,EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IN THE EVENT THAT FWENCLUB SHALL AGREE TO PROVIDE ANY COMPENSATION OR OTHER REMEDY OR IN THE EVENT THAT FWENCLUB SHALL BE FOUND LIABLE, IN NO EVENT WILL FWENCLUB’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE EXCEED ONE HUNDRED U.S. DOLLARS ($100).
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN FWENCLUB AND YOU.
Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the HKSAR, without regard to its conflict of laws provisions. The parties hereby expressly consent to the exclusive jurisdiction of the courts of the HKSAR, and you and FWENCLUB each waive any right to dispute or object to the jurisdiction of the courts of the HKSAR.
Reservation of Rights
FWENCLUB and its licensors exclusively own all right, title and interest in and to the Site, including all associated intellectual property rights. You acknowledge that the Site is protected by copyright, trademark, and other laws of the HKSAR and other jurisdictions. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If performance by either party of its obligations under these Terms shall be wholly or partly prevented or delayed by reason of government restrictions (whether with or without valid jurisdiction), war or warlike activity, insurrection or civil disorder, natural catastrophes, acts of God, interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, or any other causes similar or dissimilar to the foregoing that are beyond its control and are not foreseeable at the time these Terms (including any updates which may be made from time to time) are published by FWENCLUB and accepted by you (“Force Majeure Event”), the obligations under these Terms of the party being affected by such Force Majeure Event shall, so far as they are affected by the Force Majeure Event, be suspended during the continuance of the inability but for no longer period, and such affected party shall use its best endeavours to remove or overcome such inability as soon as practicable.
You may not assign or transfer your rights and obligations under these Terms, by operation of law or otherwise, without the prior written consent of FWENCLUB. Any attempt by you to assign or transfer your rights and/or obligations under these Terms absent our prior written consent shall be absolutely null and void. FWENCLUB may freely assign or transfer its rights and obligations under these Terms without any restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications provided by FWENCLUB under these Terms will be given by posting to the Site.
No Waiver of Rights
No delay or failure of FWENCLUB to enforce any right, remedy or provision of these Terms shall be considered a waiver of such right, remedy or provision. The waiver of any such right, remedy or provision will be effective only if in writing and signed by a duly authorized representative of FWENCLUB. No waiver by FWENCLUB arty of any of its rights or any breach or default on your part shall be deemed a waiver by FWENCLULB of any of its other rights, its future exercise of the right being waived in any given instance, or any subsequent breach or default on your part.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact InformationIf you have any questions about these Terms or the Site, please contact FWENCLUB at email@example.com
1 Protocols are basic sets of rules that allow data to be shared between computers. For cryptocurrencies, they establish the structure of the blockchain — the distributed database that allows digital assets to be securely exchanged on the internet.