TERMS OF SERVICES

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. BELOW, THESE TERMS EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION.

EXPORT CONTROLS NOTICE: BY ACCESSING, USING, OR PARTICIPATING IN OUR SERVICES, AS DEFINED BELOW, YOU REPRESENT THAT YOU ARE NOT A "SANCTIONED PERSON," AS DEFINED BELOW, UNDER UNITED STATES LAW.

Fortune Foes ("Fortune Foes," "we," "us") provides services, content, products including intangible property, or other materials to you through our website, accessible at FortuneFoes.com (the "Website"), subject to these terms of use as amended from time to time (the "Terms"). The Terms govern your use of the Website as well as all software, tools, features, functionality, applications, products, and services offered by Fortune Foes to you, whether or not through the Website (collectively, the "Services"), including non-fungible tokens ("NFTs") associated with works of digital art ("Digital Works") and any rights, products, services, privileges, and/or benefits (collectively, "Utility") that Fortune Foes may choose to offer in connection with such NFTs.

You are entering into a binding agreement. By accessing or using our Services, connecting your digital or cryptocurrency wallet (e.g., MetaMask, Rabby Wallet, or Coinbase Wallet) to the Services, or otherwise using or accessing the Services, you acknowledge that you are entering into a binding agreement with Fortune Foes that includes: (a) these Terms; (b) our Privacy Policy, available at FortuneFoes.com, which governs our collection and use of personal information and other data (the "Privacy Policy"); and (c) any other terms, conditions, or policies linked to on our Services or in our Terms or Privacy Policy. You further acknowledge and agree that you have reviewed these documents. If you do not agree with the terms of these documents, you may not use or access our Services.

We may modify these Terms. We reserve the right to clarify or amend these terms by publishing an updated version of them to the Website. You acknowledge and agree that, in the event we publish a clarification or amendment of these Terms, your continued use of the Services will be contingent upon your acceptance of the updated Terms.

We may modify or discontinue the Services. We reserve the right, in our sole discretion, to change the URL of the Website and modify, discontinue, restrict, or block access to all or part of the Services without notice to you. You agree that Fortune Foes will not be liable to you or to any third party for any such modification, suspension, termination, or restriction.

Fortune Foes is not responsible for, nor a party to, any agreement or interaction between you and any third party. To the extent any third party offers any rights, benefits, privileges, opportunities, or other Utility in connection with an NFT acquired or made available using our Services, or subjects the same to additional terms and conditions ("Third-Party Terms"), you understand and agree that Fortune Foes shall not be a party to or have any responsibility or liability whatsoever for, arising out of, relating to, or in connection with such Utility or Third-Party Terms.

1. Purchasing NFTs through our Services

Wallets: If you wish to buy an NFT using our Services, you must own or establish a compatible digital wallet that allows you to purchase, store, and engage in transactions using cryptocurrency and NFTs ("Wallet"), and you must connect and unlock your Wallet through the Services. Once you submit an order to mint or purchase an NFT, your order is passed on to the applicable digital wallet extension, which completes the transaction on your behalf. You are solely responsible for the security of your Wallet, including, without limitation, safekeeping the seed phrase, private keys, and password associated with your Wallet and any NFTs or cryptocurrency stored in or otherwise linked to your Wallet.
Fees: You must have enough funds in your Wallet to cover the total cost of your intended purchase, including gas and any other applicable fees. All pricing and payment terms for our Services are as indicated at point of sale or otherwise on the Services, and any payment obligations you incur are binding at the time of purchase. You may not substitute any other currency, whether cryptocurrency or fiat currency, for the currency in which you have contracted to pay at the time of purchase. For clarity, no fluctuation in the value of any currency, whether cryptocurrency or otherwise, or applicable gas or other fees shall impact or excuse your obligations with respect to any purchase.
Transfers. Except with respect to transferring control of an NFT to the initial purchaser using our Services: (a) Fortune Foes has no responsibility with respect to any transfer of any NFT, and Fortune Foes will not be liable for the acts or omissions of any third parties, nor will Fortune Foes be liable for any damages you may suffer as a result of your transactions or any other interaction with any third parties; and (b) Fortune Foes has no control over the transfer, storage, ownership, or maintenance of any NFT. The transfer of any NFT to your Wallet using our Services will be completed in accordance with these Terms.

ALL TRANSACTIONS ARE FINAL. AT NO TIME WILL FORTUNE FOES REFUND ANY TRANSACTION FEES OR OTHER COSTS YOU INCUR WHILE USING THE SERVICES. NFTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE APPLICABLE BLOCKCHAIN. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY NFT OCCURS ON THE DECENTRALIZED OR DISTRIBUTED LEDGER WITHIN THE APPLICABLE BLOCKCHAIN NETWORK. WE DO NOT GUARANTEE THAT WE CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFT.

2. User Representations and Warranties

By accessing or using our Services, you represent, warrant, and agree that:

Age. You are at least eighteen (18) years old;
Authority. You have all requisite capacity, power, and authority to enter into and be bound by these Terms. If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Non-Contravention. These Terms do not, and the performance of your obligations under these Terms and your minting, bidding on, buying, or selling of any NFTs, as applicable to your use of the Services, will not: (a) if you are an entity, conflict with or violate any of the charter documents of such entity or any resolution adopted by its equity holders or other persons having governance authority over the entity; (b) contravene, conflict with, or violate any right of any third party or any applicable legal requirement to which you or any of the assets owned or used by you, is subject; or (c) result in any breach of or constitute a default (or an event that with notice or lapse of time or both would become a default) under any material contract or agreement to which you are a party, permit held by you or legal requirement applicable to you.
Compliance. You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies, token trading activities, or minting of NFTs. No investigation or review by any governmental entity is pending or, to your knowledge, has been threatened against or with respect to you, nor does any government order or action prohibit you or any of your representatives from engaging in or continuing any conduct, activity, or practice relating to the Services.

By accessing or using our Services to acquire any NFTs, you represent, warrant, and agree that you are sophisticated, experienced, and knowledgeable in the minting, bidding on, buying, selling, storing and transfer of NFTs. Additionally, you have conducted an independent investigation of the Services and the matters contemplated by these Terms, have formed your own independent judgment regarding the benefits and risks of and necessary and desirable practices regarding the foregoing, and, in making the determination to mint, bid on, buy, sell, or transfer any NFTs and any Utility using the Services, you have relied solely on the results of such investigation and such independent judgement. Without limiting the generality of the foregoing, you understand, acknowledge, and agree that the legal requirements pertaining to blockchain technologies and digital assets generally, including, without limitation, the NFTs, are uncertain, and you have conducted an independent investigation of such potentially applicable legal requirements and the resulting risks and uncertainties, including the risk that one or more governmental entities or other persons may assert that any digital assets or cryptographic tokens (including the NFTs) may constitute securities under applicable legal requirements. You hereby irrevocably disclaim and disavow reliance upon any statements or representations made by or on behalf of, or information made available by, Fortune Foes, in determining to enter into these Terms, mint, bid on, buy, or sell any Utility or use the Services.

3. Restricted Jurisdictions and Prohibited Persons

The Services are not offered to and may not be accessed, used, or otherwise exploited by any individual or entity that is:

a citizen, resident, or tax resident of the United States of America;
located in, incorporated in, or having a registered office in the United States of America;
accessing the Services from within the United States of America; or
otherwise considered a "U.S. Person" under applicable U.S. laws, including but not limited to Regulation S under the U.S. Securities Act of 1933.

In addition, the Services are not available to any individual or entity located in, organized in, or resident of any jurisdiction subject to comprehensive sanctions or embargoes, or to any individual or entity listed on any sanctions-related list maintained by the United States government, including the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC"), or any other applicable authority (collectively, "Prohibited Persons").

By accessing or using the Services, you represent, warrant, and covenant that:

you are not a Prohibited Person;
you are not accessing the Services from within the United States or any Restricted Jurisdiction;
you will not use any means, including without limitation virtual private networks (VPNs), proxies, or other circumvention tools, to misrepresent your location or identity for the purpose of accessing the Services; and
you will not sell, transfer, or otherwise make the Services available to any Prohibited Person.

We reserve the right, at any time and in our sole and absolute discretion, to restrict or terminate your access to the Services and take any other action we deem necessary or appropriate, without notice or liability, if we determine or suspect that you are in breach of this section.

You agree that you are solely responsible for ensuring compliance with all applicable laws and regulations in your jurisdiction, and that we shall have no liability whatsoever for any violation of applicable law by you.

4. Rights and Restrictions

Subject to your compliance with these Terms and other applicable terms, you are hereby granted a limited, revocable, nonexclusive, nontransferable, non-assignable, non-sublicensable, "as-is" license to access and use the Services and Content for your own personal, non-commercial use; provided, however, that such license does not include any right to: (a) modify or otherwise make any derivative uses of the Services or Content, or any portion thereof, (b) use any data mining, robots, or similar data gathering or extraction methods, (c) download (other than page caching) any portion of the Services or Content, except as expressly permitted by us, or (d) use the Services or Content other than for their intended purposes.

You agree that you are solely responsible for your conduct while participating in the minting, transfer, purchase, or sale of NFTs or otherwise accessing or using the Services. You agree that you will abide by these Terms and will not:

Use the Services or any blockchain technology for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or these Terms.
Provide false or misleading information to Fortune Foes.
Use or attempt to use or access another person's Wallet without authorization from such person.
Take or attempt to take any action that in any way that could prevent, disrupt, negatively affect, or inhibit others from fully enjoying the Services, or that could alter, damage, disable, overburden, or impair the functioning of the Services in any manner.
Collect, scrape, or harvest data from our Services.
Engage in or knowingly facilitate any "front-running," "wash trading," "pump and dump trading," "ramping," "cornering," or fraudulent, deceptive, or manipulative trading activities, including: (i) for the purpose of creating or inducing a false, misleading, or artificial appearance of activity or value in any NFT, facilitate the trading of such NFT at successively lower or higher prices or executing or causing the execution of any transaction involving the NFT which causes no material change in the beneficial ownership thereof; (ii) participating in, facilitating, assisting, or knowingly transacting with any person or persons for the purpose of artificially, unfairly, or deceptively influencing the market price of an NFT; or (iii) otherwise artificially, unduly, or improperly influencing the market price for any NFT available through the Services in any manner, including without limitation, on or through social media.
Use the Services, Content, or Admit One NFTs to carry out financial activities subject to registration or licensing, including, without limitation, creating, listing, or buying securities, commodities, options, real estate, or debt instruments.

By participating in the Services, you grant to Fortune Foes an irrevocable, perpetual, unlimited, royalty-free, fully paid-up, worldwide, sublicensable right to use your public Wallet address and, to the extent made publicly available, any alias, name, avatar, online profile, domain name, or other information associated with your public Wallet address, for any lawful purpose whatsoever, including without limitation, for purposes of advertising or promoting NFTs, Fortune Foes, or the Services.

5. Ownership

Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the Fortune Foes logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of Fortune Foes or our affiliates, licensors, or users, as applicable. Notwithstanding anything to the contrary in these Terms, the Services and Content may include software components provided by Fortune Foes or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components. All other trademarks, registered trademarks, product names, and other names or logos mentioned on the Services are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Fortune Foes.

6. Account Security

You understand and agree that you are solely responsible for maintaining the security of your Wallets and each of your authentication credentials, seed phrases, private or public keys, NFTs, cryptocurrencies, and digital assets that are stored in or are accessible through your Wallet. Any unauthorized access to your Wallet by third parties may result in the loss or theft of your NFT(s) and/or other assets held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). Fortune Foes is not responsible for managing and maintaining the security of your Wallet and shall have no responsibility or liability to you for any unauthorized access to or use of your Wallet or your inability to access or use your Wallet for any reason. If you notice any unauthorized or suspicious activity in your Wallet that seems to be related to the Services, please notify us immediately.

You are responsible for maintaining the confidentiality of all accounts and passwords, if any, used by you in connection with the Services and are fully responsible for any and all activities that occur under your passwords or accounts. You agree to (a) immediately notify Fortune Foes of any unauthorized use of your passwords or accounts or any other breach of security, and (b) ensure that you exit from your accounts at the end of each session when accessing the Services. Fortune Foes will not be liable for any loss or damage arising from your failure to comply with this section.

7. Third-Party Services

The Services may provide access (paid or unpaid) to content, software, products, platforms, and services operated by companies or entities other than Fortune Foes ("Third Party Offerings"). For example, transactions initiated through our Website may be executed using third-party digital wallet extensions. If you choose to access, transact with, or otherwise interact with any Third Party Offerings through the Services, you acknowledge and agree that you do so at your own risk, and you understand that by using the Services, you are directing the applicable company or entity to make Third Party Offerings available to you. You are solely responsible for your dealings with third parties. When you use the Services to access Third Party Offerings, these Terms and any applicable usage terms associated with the Third Party Offerings will govern your use thereof. For MetaMask, those are available at https://metamask.io/terms.html and https://metamask.io/privacy.html. For Rabby Wallet, those are available at https://rabby.io/docs/terms-of-use/ and https://rabby.io/docs/privacy. Fortune Foes does not endorse any Third Party Offerings made available or marketed on or through the Services. Fortune Foes is not responsible or liable to you or others for information or services provided by any Third Party Offerings or for the results obtained from using them. Fortune Foes expressly disclaims all liability related to, or arising from, or in connection therewith.

8. Export Controls and Sanctions

You acknowledge and understand that the Services and items offered through the Services, including NFTs, Digital Works, and Utility, are subject to U.S. export control and sanctions laws and regulations, including, without limitation, the Export Administration Regulations and the regulations, rules, and executive orders administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury ("OFAC") (collectively, the "Export Controls and Sanctions Laws"). You represent that you are not a Sanctioned Person and agree not to take any action that will cause anyone, including, without limitation, Fortune Foes, to be in violation of any Export Controls and Sanctions Laws.

For purposes of these Terms, "Sanctioned Person" means any government, country, corporation, or other entity, group, or individual with whom or which Export Controls and Sanctions Laws prohibit or restrict a U.S. person from engaging in transactions, and includes, without limitation, any individual, corporation, or other entity that appears on OFAC's Specially Designated Nationals and Blocked Persons List or other lists maintained by OFAC or the U.S. Department of Commerce, as each such list may be amended from time to time.

9. Right to Suspend, Modify, or Terminate

Fortune Foes may, from time to time, change or discontinue any or all aspects or features of the Services, including, without limitation, by (i) altering the smart contracts pursuant to upgrades, forks, security incident responses, or chain migrations or (ii) deactivating or deleting any media, Content, or portion of the Services in Fortune Foes' sole and absolute discretion. In such events, you may no longer be able to access, interact with, or read the data from the Services. Fortune Foes has the right, but not the obligation, to remove or disable access to any listing or other portion, feature, or functionality of the Services at any time. Fortune Foes reserves the absolute right, in its sole discretion, to allow or disallow, without limitation, certain assets, listings, smart contracts, and/or NFTs.

Persons who tamper with or abuse any aspect of our Services, who act in a disruptive manner, or who are in violation of these Terms, as solely determined by Fortune Foes, may be banned from participating in and/or accessing our Services.

Should any of Fortune Foes' Services be, in Fortune Foes' sole opinion, compromised by bots, worms, bugs, non-authorized human intervention, or other causes which, in the sole opinion of Fortune Foes, corrupt or impair the administration, security, or fairness of the Services or the distribution of any NFTs or otherwise adversely affect Fortune Foes' business or good will, Fortune Foes reserves the right in its sole discretion to suspend, modify, or terminate the Services.

10. Investigations

If Fortune Foes becomes aware of any possible violations by you of these Terms, Fortune Foes reserves the right to investigate such violations. If, as a result of the investigation, Fortune Foes believes that criminal activity may have occurred, Fortune Foes reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Fortune Foes is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services in Fortune Foes' possession in connection with your use of the Services, to (i) comply with applicable laws, legal process, or governmental request; (ii) enforce these Terms, or (iii) protect the rights, property, or personal safety of Fortune Foes, its affiliates, its users, the public, and all law enforcement or other government officials, as Fortune Foes in its sole discretion believes to be necessary or appropriate.

Fortune Foes may require you to provide additional information and documents at the request of any competent authority or in order to help Fortune Foes comply with applicable law, regulation, or policy, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. Fortune Foes may also require you to provide additional information and documents in cases where it has reasons to believe that:

Your Wallet or other access to the Services is being used for money laundering or for any other illegal activity;
You have concealed or reported false identification information and other details; or
Transactions effected via your Wallet were effected in breach of these Terms or other applicable terms, laws, rules, covenants, orders, or regulations.

In such cases, Fortune Foes, in its sole discretion, may pause or cancel your transactions through our Services until such requested additional information and documents have been reviewed by Fortune Foes and accepted as satisfying the requirements of applicable law, regulation, or policy. If you do not provide complete and accurate information and documents in response to such a request, Fortune Foes may refuse to provide any Content, product, service and/or further access to the Services to you.

11. Assumption of Risk; Liability Waiver

By participating in the Services:

You acknowledge and accept that transacting on a blockchain, including, without limitation, connecting your Wallet to the Website and minting, bidding on, buying, or selling NFTs, contains inherent risk. Such risks include but are not limited to: (a) risk of sudden asset price changes; (b) risk of smart contract failure or exploit; (c) risk of hardware, software, or connectivity failure; (d) risk of malicious software; (e) risks of unauthorized access to your Wallet; (f) risk that you will no longer successfully retain ownership of or access to the NFT(s); (g) risk that any data or any Digital Work becomes unavailable or decoupled from the NFT, including, without limitation, because of an outage, data loss or pursuant to a valid Digital Millennium Copyright Act takedown procedure carried out in compliance with our Terms; (h) risk from regulatory inquiries, regulatory actions, legislation, or court rulings; and/or (i) risks, bugs, malfunctions, cyberattacks, or changes to a blockchain network (e.g., forks) or related technologies that disrupt or result in a total loss of NFTs, their market value, or digital funds.
You acknowledge and accept these and all associated risks and responsibilities and agree that your participation in the Services is at your own risk. You should not participate in the Services, including to engage in blockchain-based transactions, unless it is suitable given your circumstances and financial resources.
You agree that Fortune Foes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any of these risks.
You acknowledge and accept that the sale of NFTs as part of the Services is facilitated and run by numerous third parties including, without limitation, your Wallet provider and one or more public peer-to-peer networks including, without limitation, the Ethereum network or other blockchain network and the Interplanetary File System ("IPFS") or other distributed system for storing and accessing files or other data. None of these are under the control or influence of Fortune Foes. Fortune Foes shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with any third party, including, without limitation, lost, late, incomplete, damaged, delayed, inaccurate, stolen, misdirected, undelivered, or garbled NFTs, or for errors or difficulties of any kind related thereto, whether human, mechanical, electronic, computer, network, typographical, or otherwise. Transactions are publicly visible on the Ethereum or other applicable blockchain when made.
You acknowledge and agree that Fortune Foes is not a fiduciary and owes no duties to you, including the duty to ensure fair pricing of any NFT.
You agree to bear sole responsibility for paying any and all taxes, duties, and assessments payable as the result of purchase, ownership, sale, transfer, use and/or exploitation of any NFT.
You expressly agree that the release and waiver of liability contained herein is intended to be as broad and as inclusive as is permitted by applicable law and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS DO NOT REPRESENT A COMPLETE STATEMENT OF RISK FACTORS ASSOCIATED WITH DIGITAL ASSETS, PRODUCTS OR EXPERIENCES THAT MAY BE AVAILABLE OR DISCUSSED IN CONNECTION WITH THE SERVICES, OR UTILITY AVAILABLE TO COMMUNITY MEMBERS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FORTUNE FOES, FORTUNE FOES' AFFILIATES OR ANY OF THEIR RESPECTIVE MEMBERS, EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS ("FORTUNE FOES PARTIES") BE LIABLE TO YOU FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS, OR GOOD-WILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES. IN NO EVENT WILL THE FORTUNE FOES PARTIES' CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, EXCEED THE TOTAL AMOUNTS PAID BY YOU TO THE FORTUNE FOES PARTIES IN CONNECTION WITH THE SERVICES IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

UNDER NO CIRCUMSTANCES SHALL ANY FORTUNE FOES PARTY BE REQUIRED TO DELIVER TO YOU ANY VIRTUAL CURRENCY OR NFTS AS DAMAGES, MAKE SPECIFIC PERFORMANCE, OR ANY OTHER REMEDY. IF YOU WOULD BASE YOUR CALCULATIONS OF DAMAGES IN ANY WAY ON THE VALUE OF VIRTUAL CURRENCY OR NFTS, YOU AND WE AGREE THAT THE CALCULATION SHALL BE BASED ON THE LOWEST VALUE OF THE VIRTUAL CURRENCY DURING THE PERIOD BETWEEN THE INITIAL INCIDENT RESULTING IN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.

THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE TERMS HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT THE FORTUNE FOES PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND LIABILITIES PROVIDED IN THIS SECTION, SO SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT FORTUNE FOES PARTIES TO DISCLAIM CERTAIN WARRANTIES OR LIMIT CERTAIN LIABILITIES, THE EXTENT OF FORTUNE FOES PARTIES' LIABILITY AND THE SCOPE OF ANY SUCH WARRANTIES WILL BE AS PERMITTED UNDER APPLICABLE LAW.

12. No Investment Intent; No Expectation of Profit

You acknowledge and agree that the NFTs, Utility, and any related features made available through the Services are intended solely for entertainment, collectible, and functional purposes within the ecosystem.
Nothing in the Services constitutes or may be construed as financial advice, investment advice, or an offer or solicitation to buy or sell any financial instrument, security, or investment product.
You further acknowledge and agree that you are not acquiring any NFT, Utility, or participating in the Services with any expectation of profit, return, or financial gain, whether derived from the efforts of Fortune Foes or any third party.
Fortune Foes does not represent, warrant, or guarantee that any NFT, Utility, or aspect of the Services will have or retain any monetary value.

13. Utility, Rewards, and GameFi Features

You acknowledge and agree that any Utility, rewards, points systems, leaderboard mechanics, staking benefits, token incentives, gameplay features, or other GameFi-related components made available in connection with the Services or any NFT are experimental, discretionary, and subject to change at any time in Fortune Foes' sole discretion. This includes, without limitation, the modification, reduction, suspension, "nerfing," rebalancing, expiration, or adjustments of any points, rewards, incentives, earning mechanics, eligibility criteria, utility multipliers, or gameplay-related benefits.
Fortune Foes makes no guarantee regarding the continued availability, value, functionality, transferability, or future utility of any points, rewards, rankings, or GameFi features. Any such features are provided on an "as is" and "as available" basis and may be changed or discontinued with or without notice. You understand that participation in any GameFi or rewards-related activity involves substantial risk, including the risk that accrued points, rewards, or associated Utility may lose value, become inaccessible, or be eliminated entirely.
Points, rewards, and similar metrics have no cash value, are not redeemable for fiat or cryptocurrency unless expressly stated by Fortune Foes in writing, do not constitute property or securities, and do not create any vested rights or entitlement. Fortune Foes reserves the right to interpret, calculate, adjust, invalidate, or revoke any rewards, points balances, rankings, or eligibility determinations in cases of suspected abuse, exploitation, technical error, manipulation, or violation of these Terms.
You further acknowledge that GameFi mechanics may depend on third-party protocols, blockchain infrastructure or external platforms that are outside of Fortune Foes' control, and Fortune Foes shall not be liable for any losses, interruptions, exploits, or changes arising from such dependencies.

14. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Fortune Foes and the Fortune Foes 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 or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Services, 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") that are caused by, arise out of, or are related to (a) your use or misuse of the Services, (b) your violation of these Terms; (c) your violation of the rights of any third party, including another user of any Wallet; (d) any breach or non-performance of any representation, warranty, covenant, or agreement made by you; and (e) your buying, selling, or trading of any NFTs.

15. Arbitration agreement and waiver of rights, including class actions

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Agreement to Attempt to Resolve Disputes Through Good Faith Negotiations

Prior to commencing any legal proceeding against us of any kind, including an arbitration as set forth below, you and we agree that we will attempt to resolve any dispute, claim, or controversy between us arising out of or relating to these Terms or the Services (collectively, "Disputes") by engaging in good faith negotiations. Such good faith negotiations require, at a minimum, that the aggrieved party provide a written notice to the other party specifying the nature and details of the Dispute. The party receiving such notice shall have (30) days to respond to the notice. Within sixty (60) days after the aggrieved party sent the initial notice, the parties shall meet and confer in good faith by videoconference or by telephone to try to resolve the Dispute. If the parties are unable to resolve the Dispute within ninety (90) days after the aggrieved party sent the initial notice, the parties may agree to mediate their Dispute, or either party may submit the Dispute to arbitration as set forth below.

Governing Law

These Terms will be governed by the laws of the State of California, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state or federal court or arbitration located in Los Angeles County, California, except as described in the agreement to arbitrate below or as otherwise mutually agreed by the parties.

Agreement to Arbitrate

Except as provided below, you and we agree that any Dispute that cannot be resolved through the procedures set forth above will be resolved through binding arbitration on an individual basis. Class actions and class arbitrations are not allowed. You may bring a claim only on behalf of yourself and cannot seek relief that would affect other users of our services. If there is a final judicial ruling that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with these Terms, then only that particular claim or request for relief may be brought in court. All other claims (or requests for relief) remain subject to this provision. Questions of arbitrability—i.e., whether a particular claim is subject to arbitration—shall be resolved in arbitration.

Instead of commencing an arbitration, you or we may also bring claims in your local "small claims" court if the rules applicable to that court allow it. Otherwise, the claims must be resolved by binding, individual arbitration.

If you are in the United States, the arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. If you are outside of the United States, the arbitration will be conducted by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures. The arbitration will be decided by a sole arbitrator. The arbitrator will have experience adjudicating matters involving Internet technology, software applications, financial transactions and, ideally, blockchain technology. The costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims. You and we expressly waive a trial by jury.

The arbitration will be governed by the Federal Arbitration Act. The prevailing party will be entitled to an award of their reasonable attorney's fees and costs. Except as may be required by law, neither a party nor its representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of (all/both) parties.

Arbitration Opt-Out

You can opt out of this arbitration agreement within 30 days of the date you agreed to these Terms. To opt out, you must send an email to us at [email protected] with your full name and email address and a clear statement that you want to opt out of this arbitration agreement (such notice, an "Arbitration Opt-out Notice"). If you do not provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute.

16. Limitation of Actions

You and we agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or will be forever barred.

17. Severability

Should any portion of these Terms be rendered void, invalid, or unenforceable by any court of competent jurisdiction, the remaining provisions shall nevertheless be binding upon the parties.

18. Survival

Any provision of these Terms that by its nature would extend beyond its expiration or termination shall remain in effect in perpetuity or until fulfilled.

19. Contact Information

If you have any questions, would like to provide feedback, or would like more information about Fortune Foes, please feel free to email us at [email protected]