These terms and conditions (“Terms”) govern the use of the Project (defined below) and the Services
(defined below). These Terms also include any guidelines, additional terms, policies, and
disclaimers made available or issued by Fancy bananas from time to time.
These Terms constitute a binding and enforceable legal contract between Fancy bananas and its
affiliates and subsidiaries world wide (“Fancy bananas”, “we”, “us”) and you, an end user of the
Services (“you” or “User”) in relation to the Services.
By using the Services, you agree that you have read, understood, and are bound by these Terms, as
amended from time to time, and that you comply with the requirements listed herein. If you do not
agree to all of these Terms or comply with the requirements herein, please do not access or use the
Services.
1. Services
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The Fancy bananas project (“Project”) provides multiple service offerings namely:
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Liquidity Locking service
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Token Lockers, cumulatively referred to as (“Services”), the usage of each
individual Service whereof is regulated as per their respective terms read with
these Terms; which term includes the underlying application, all services available
through the Project, and all free trials and beta services made available by the
Project.
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The User may be required to connect their wallet to the Project to gain access to some of
the Services. We are not responsible for any loss or damage that may arise from such
integration.
2. Access to the services
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By using the Services, you represent and warrant that:
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you have full legal capacity and authority to agree and bind yourself to these
Terms;
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you are eighteen years of age or older;
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your use of the Services is (A) not prohibited by applicable law, and (B) at all
times compliant with applicable law; and are solely responsible for use of the
Services.
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You should take steps to ensure the confidentiality of your personal information and
restrict access to the devices you use to access the Project.
3. Your responsabilities
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You shall not use the Services in any manner except as expressly permitted in these Terms.
Without limiting the generality of the preceding sentence, you may not:
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infringe any proprietary rights, including but not limited to copyrights, patents,
trademarks, or trade secrets of Fancy bananas;
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use the Services to transmit any data or send or upload any material that contains
viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or
any other harmful programmes or similar computer code designed to adversely affect
the operation of any computer software or hardware;
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use any robot, spider, other automated device, or manual process to monitor or copy
the Services or any portion thereof other than copying or exporting as permitted by
the Terms;
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make any back-up or archival copies of the Project or any part thereof, including
disassembling or de-compilation of the Project;
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use the Services in (A) any unlawful manner, (B) for fraudulent or malicious
activities, or (C) in any manner inconsistent with these Terms; or violate
applicable laws in any manner.
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You shall extend all cooperation, at your cost, to Fancy bananas in its defence of any
proceedings that may be initiated against it due to a breach of your obligations or
covenants under these Terms.
4. Fancy bananas intellectual property
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All rights, title, and interest in and to the Services, including all intellectual property
rights arising out of the Services, are owned by or otherwise licensed to Fancy bananas.
Subject to your compliance with these Terms, Fancy bananas grants you a non-exclusive,
non-sub licensable, and limited license to (i) use the Services in the permitted hereunder.
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Except as stated in these Terms, nothing in these Terms should be construed as conferring
any right in or license to Fancy bananas or any third party’s intellectual rights.
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You may provide suggestions and other feedback, including bug reports, in relation to the
Services from time to time (“Feedback”). Fancy bananas may freely use, copy, disclose,
publish, display, distribute, and exploit the Feedback without any payment of royalty,
acknowledgement, prior consent, or any other form of restriction arising out of your
intellectual property rights.
5. Third party services
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The Services may include services, content, and information owned, made available, or
otherwise licensed by a third party (“Third Party Services”) or contain links to Third Party
Services. You understand that Third Party Services are the responsibility of the third party
that created or provided it and acknowledge that the use of such Third Party Services is
solely at your own risk.
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Fancy bananas makes no representations and excludes all warranties and liabilities arising
out of or pertaining to such Third Party Services, including its accuracy or completeness.
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All intellectual property rights in and to Third Party Services are the property of the
respective third parties.
6. Indemnity
You agree to indemnify and hold harmless Fancy bananas, its affiliates, subsidiaries, licensors, and
their respective directors, officers, members, managers, employees, and agents from and against any
and all claims and expenses arising out of your use of the Services, a breach of any provision of
these Terms by you or any person using the Services on your behalf, a breach by you of any
applicable laws, or any third-party claim to the extent arising from or connected with an allegation
that your use of the Services in accordance with these Terms infringes any rights of a third party.
7. Term and termination
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These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
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Fancy bananas may terminate, suspend, or modify your access to the Services, or any portion
thereof, immediately and at any point, at its sole discretion if it is of the view that you
violate or breach any of your obligations, responsibilities, or covenants under these Terms.
Fancy bananas will not be liable to you or to any third party for any termination,
suspension, or modification of your access to the Services.
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Upon termination under Clause 7(2): these Terms shall terminate, except for those clauses
that expressly or are intended to survive termination or expiry.
8. Confidentiality
You acknowledge that the Services contain Fancy bananas and its licensors’ trade secrets and
confidential information. You agree to hold and maintain the Services in confidence, and not to
furnish any other person with a copy of the Services or Project. You agree to use a reasonable
degree of care to protect the confidentiality of the Services. You will not remove or alter any of
Fancy bananas or its licensors’ proprietary notices. Your obligations under this Clause continue
even after these Terms have expired or been terminated.
9. AntI-money laundering ("AML") policy
Fancy bananas expressly prohibits and rejects the use of the Service for any form of illicit
activity, including money laundering, terrorist financing or trade sanctions violations, consistent
with various jurisdictions’ laws, regulations and norms. By using the Service, you represent that
you are not involved in any such activity.
10. Force majeure
Fancy bananas shall have no liability to you if it is prevented from or delayed in performing its
obligations or from carrying on its business, by acts, events, omissions or accidents beyond its
reasonable control, including, without limitation, strikes, failure of a utility service or
telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance
with any law or governmental order, rule, regulation, or direction.
11. Jurisdiction and governing law
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Subject to the other provisions of this Clause 12, the Parties shall attempt in good faith
to mutually resolve any and all disputes, whether of law or fact, and of any nature
whatsoever arising from or with respect to this Agreement.
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The award rendered by such arbitrator shall be final and binding on the Parties.
12. Miscellaneous provisions
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Modification: Fancy bananas reserves the right at any time to modify these Terms and to add
new or additional terms or conditions on your use of the Services. Such modifications and
additional terms and conditions will be communicated to you and, unless expressly rejected
(in which these Terms shall terminate), will be effective immediately and will be
incorporated into these Terms. In the event, you refuse to accept such changes, these Terms
and license will terminate.
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Severability: If any provision of these Terms is determined by any court or other competent
authority to be unlawful or unenforceable, the other provisions of these Terms will continue
in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part
of it were deleted, that part will be deemed to be deleted, and the rest of the provision
will continue in effect (unless that would contradict the clear intention of the clause, in
which case the entirety of the relevant provision will be deemed to be deleted).
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Notices: All notices, requests, demands, and determinations for Fancy bananas under these
Terms (other than routine operational communications) shall be sent to
[email protected]
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Third Party Rights: No third party shall have any rights to enforce any terms contained
herein.