📃Terms and Conditions

Flames™️ Terms of Use Conditions

Please read these Flames™️ Terms and conditions carefully because they govern your access to and use of the website.

This Terms of Use Agreement (this “Agreement”), effective as of June 27th, 2022 states the terms and conditions that govern the contractual agreement between Flames™️ and its affiliates, and you (the “User”). The User agrees to be bound by this Agreement that sets forth the terms and conditions by which the User’s access to https://flamesnft.eu/ and any other application or website utilized by the Brand to offer the Services (collectively, the “Platform”), which is owned and operated by the Brand , and the Services themselves.

Flames™️ Are Not Intended as Investments

Flames™️ NFTs are meant to be a fun Non-Fungible Token for you to collect and allow you take part in our collaborative ecosystem and take part in any possible future rewards. They are not meant as investment vehicles. We make absolutely no promise or guarantee that these NFTs will be worth anything more than what you and the market deem the art to be worth. We are running Flames™️ with all the organization and vigor of a start up company. We have a full time dedicated staff as well as access to many resources through our backing partners. You have our word that we will work on Flames™️ day in and day out - striving for results on behalf of you, our holder. You understand that they have no inherent monetary value, and they should be treated as nothing more than a collectible with potential future value or lack thereof.

No Guarantees or Promises

Flames™️ plans to put out more content and create more partnerships in the years to come. However, as we know the landscape of NFT’s and the Crypto ecosystem at large is shifting and legally gray in many ways. When you purchase your NFT from Flames™️, you agree that your purchase from our initial launch of NFTs is all you are guaranteed to receive in exchange for your funds. Whether through primary or secondary channels, the art is what you receive. Any future benefits are ancillary to this purchase and not to be taken into consideration with your initial purchase. You agree that you are not relying on any future commitments by Flames™️. Though to point out- at the time of reading this we have already delivered more than the initial NFT.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FLAMES™️ THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 10 “DISPUTE RESOLUTION.”

1. Agreement to Terms.

(a) By minting an NFT directly from Flames™️, purchasing an NFT on secondary markets and using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not use the Services provided by Flames™️.

(b) Flames™️ reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by making an announcement on our socials (Twitter or Discord) or by sending an email notification, providing notice through the Services or updating the “Effective Date” date at the beginning of these Terms. Those additional terms and conditions, which are available with the relevant services, then become part of your agreement with us if you use those services. By continuing to access or use the Services, you confirm your acceptance of the revised Terms and all of the terms and conditions incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services.

(c) BY USING OUR SERVICES AND/OR PURCHASING NFTs/ CRYPTOCURRENCY ASSETS THROUGH THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE.

(d) THE USER AGREES AND ACKNOWLEDGES THAT THE LAWS AND REGULATIONS GOVERNING THE USE AND PURCHASE OF NFT OR DIGITAL COLLECTIBLES ARE FREQUENTLY CHANGING. ANY USER ASSUMES THE RISK OF, AND THE COMPANY SHALL BEAR NO LIABILITY (NOR ANY RESPONSIBILITY TO ISSUE A REFUND) TO ANY USER FOR, SUCH CHANGES CAUSING ANY USER’S INABILITY TO USE OR ACCESS ANY DIGITAL COLLECTIBLE OR THE SERVICES.

2. Who may use the services?.

(a) Eligibility. You may use the Services only if you are 16 years or older and capable of forming a binding contract with Flames™️, and not otherwise barred from using the Services under applicable law.

(b) Compliance. The Services are only available to users in certain jurisdictions who can use the Services as permitted under applicable law. You certify that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant that: (a) you are not located in a country that is subject to an European embargo; and (b) you are not listed on any list of prohibited, sanctioned, or restricted parties. If you access or use the Services, you are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws. You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. We reserve the right, but have no obligation, to monitor where our Services are accessed from. Furthermore, we reserve the right, at any time, in our sole discretion, to block access to the Services, in whole or in part, from any geographic location, IP addresses and unique device identifiers or to any user who we believe is in breach of these Terms.

3. About the Services; Limitations and Relationship Between the Parties.

(a) Costs and Fees. Each party shall be responsible for all Taxes imposed on its income or property. In addition, interactions with the Blockchain may also result in transaction fees or Gas Fees (as defined below) imposed by the Blockchain, which are also solely your responsibility. “Gas fees” mean the fees that fund the network of computers that run the decentralized blockchain network, meaning that you will need to pay a Gas Fee for each transaction that occurs via the blockchain network.

(b) Taxes. Taxes. You are solely responsible for all costs incurred by you in using the Services and determining, collecting, reporting and paying all applicable Taxes. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges that you may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to our Services. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Services. We reserve the right to report any activity occurring using the Services to relevant tax authorities as required under applicable law.

4. Feedback.

(a) We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services. If you choose to submit any suggestion, you agree that we are free to use it without any restriction or compensation to you.

5. Indemnification.

(a) To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Flames™️, 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 "Flames™️ Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, 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: (i) your access to or use of the Services; (ii) your Feedback; (iii) your violation of these Terms, or breach of any representation, warranty or covenant contained in these Terms; (iv) your use or disposal of any NFTs; (v) your violation of the rights of a third party or of applicable law; or (vi) any Claim that the NFT is, or may be deemed, a Security under the laws of any jurisdiction.

6. Dislaimers

(a) WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD-PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF OUR SERVICES IN CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD-PARTY SERVICES.

(b) 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 OR THE SERVICES AND/OR NFTS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS, CRYPTOCURRENCY WALLETS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO THE SERVICES; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK. 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.

(c) YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE

(d) THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.

(e) Flames™️ is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the NFTs. Flames™️ is not responsible for casualties due to late report 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.

(f) After completing all the steps presented in Flames™️ roadmap the possibilities are endless. Keep in mind that our main focus will always be how can we provide benefits to our Origin Holders. This does not mean that future collections are not going to have benefits/utility however the Origin Lifetime Pass holders will always have a privileged role in Flames future. Our plans may be subject to change if the team and/or community/holders decides to. Do not be alarmed by some unexpected twists and turns, we will always listen to what our holders have to say and put their best interest in first place.

(e) Some countries have strict laws regarding royalties. Each holder is responsible to act according to their own crypto tax laws and we are not responsible for fines or other problems that may occur depending on where you are from.

7. Assumption of Risk.

(a) The prices and liquidity of cryptocurrency assets (including any NFTs) are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the NFTs made available through the Services, which may also be subject to significant price volatility. We cannot guarantee that any Purchasers of NFTs will not lose money.

(b) You are solely responsible for determining what, if any, taxes apply to your transactions through the Services. Neither Flames™️ nor any other Flames™️ affiliates are responsible for determining the taxes that apply to such transactions.

(c) There are risks associated with using an Internet based currency, including but not limited to, the risk of 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 wallet. You accept and acknowledge that Flames™️ will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services for transactions, however caused.

(d) By accessing and using the Services, you represent that you understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of digital assets. Such systems may have vulnerabilities or other failures, or other abnormal behavior. Flames™️ is not responsible for any issues with the Blockchains, including forks, technical node issues or any other issues having fund losses as a result. You acknowledge that the cost and speed of transacting with cryptographic and blockchain-based systems such as Cardano are variable and may increase at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are supplied to or from the services. You further acknowledge that we are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing the Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using and interacting with the Services.

8. Limitation of Liabillity.

(a) TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLAMES™️ NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR 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 SERVICES OR NFTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE AND EVEN IF FLAMES:TM: OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ACCESS TO, AND USE OF, THE SERVICES, THE NFTS, FLAMES™️ CONTENT, OR ANY OTHER FLAMES™️ 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.

9. Modifications to the products/services: We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) at any time and without liability therefore.

10. Dispute Resolution. (a) Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Flames™️ and limits the manner in which you can seek relief from us. This Arbitration Agreement will survive the termination of your relationship with Flames™️.

(b) Informal Resolution of Disputes. You and Flames™️ must first attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) informally. Accordingly, neither you nor Flames™️ may start a formal arbitration proceeding for at least sixty (60) days after one party notifies the other party of a claim in writing. As part of this informal resolution process, you must deliver your written notices first-class mail to us at [ flamescnft.eu ].

(c) Mandatory Arbitration of Disputes. We each agree that any Dispute will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Flames™️ agree that both parties are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. Any hearing will be held in Madeira Island, Portugal.

(d) Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the services, to any products sold or distributed through the services, or to any aspect of your relationship with Flames™️, will be resolved by binding arbitration, rather than in court, except that (i) Flames™️ may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

(e) Waiver of Jury Trial. YOU AND FLAMES™️ HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

11. Miscellaneous.

(a) These Terms constitute the entire and exclusive understanding and agreement between you and Flames™️ relating to your access to and use of the services/products, and supersede any and all prior and contemporaneous oral and written discussions agreements, and understandings of any kind. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Flames™️'s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Flames™️ may freely assign or transfer these Terms without 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 Flames™️ under these Terms will be given via email. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Flames™️'s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Flames™️. 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. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.

12. Contact Information. (a) If you have any questions or would like more information about Flames™️, please contact us via support in our Discord server or email us at [e-mail] .