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Copyright @FulboGalaxy 2022 - A division of Aconcagua Games PTE. LTD. - All rights reserved
Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms”) for our platform known as Fulbo Galaxy, its associated social media profiles and platform providers, along with website available at www.fulbogalaxy.com (the “Site”)
This is a legal engagement which sets out the terms and conditions by which Aconcagua Games. (hereinafter referred to as “Fulbo Galaxy”) will provide services to you or to the legal entity you represent ‘you’, ‘your’, and/or ‘yourself’.
The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, shall refer to us, Fulbo Galaxy and/or our affiliates, assignees, successors and/or brands. These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.
By accessing our Site and using our Services, you are agreeing to be bound by these Terms, which constitute a legally binding user agreement, along with any and all applicable laws and regulations.
By using our Site, you represent and warrant that you: (a) are of legal age or legal capacity in your jurisdiction; (b) agree to all of the terms and conditions stated herein; (c) have the right, power, and authority to bind your represented entity or the agency to these terms and conditions.
You hereby acknowledge and covenant to abide by and comply with any applicable federal, state and local rules and regulations applicable to your use of our services. If you do not agree with any of these Terms, you are thereby prohibited from using or accessing this Site.
The Site’s accessibility to the user is solely provided for the user’s individual benefit. If you are using our Site in representation of a corporate third party, you hereby represent and warrant that you have the necessary power and authority in order to execute this agreement.
Neither Fulbo Galaxy nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry. The functionalities and results displayed within the Site and/or the Services may or will vary, without prior notice or without any notice at all; and will depend on a variety of factors out of the control of not. Your use of any information and/or materials on this Site is entirely at your own risk, for which we shall not be held liable.
Fulbo Galaxy is not a money services business, money transmitter and/or issuer of units of stable. For the avoidance of doubt, Fulbo Galaxy does not offer any service that entails the actual exploitation of legal tender currency.
These Terms, along with any and all content and services offered by Fulbo Galaxy, are only informational documents provided for your reference and reference purposes only, and cannot be construed as any form of guarantee that any mentioned results will be achieved. Your use of any information and/or materials of Fulbo Galaxy is entirely at your own risk, for which we shall not be held liable. Because there is no way to know all information about your finances or your personal situation, comments or analyses may be incomplete or inaccurate.
In addition to the risks mentioned in this agreement and in any documentation, there may be additional risks that Fulbo Galaxy cannot predict.
No Warranty. Henceforth, each of our users hereby represents, warrants, covenants and agrees that Fulbo Galaxy has no fiduciary duty and no liability in connection therewith and is not responsible for any liabilities, claims, damages, costs and expenses, including attorneys’ fees, incurred in connection with such user applying the trading recommendations provided in Fulbo Galaxy or taking or not taking any action based upon any recommendation or information or content provided by Fulbo Galaxy.
Inherent Risk. Analysis and calculation of hypothetical income potential referred to in any documentation provided, are for reference and for demonstrative purposes only, and cannot be construed as any form of guarantee that any mentioned results will be achieved. In addition to the risks mentioned in this Agreement and in any documentation, there may be additional risks that Fulbo Galaxy cannot predict.
Regulatory Uncertainty. We may not be able to offer our services to residents of certain jurisdictions.
Regulatory bodies may negatively impact Fulbo Galaxy and any investment opportunities thereinto, including but not limited to, additional registration, costs and/or licensing requirements on individuals and entities. Lastly, changes to laws or regulations, could determine the unlawfulness of operating such investment in any jurisdiction.
In order to use our Services, you must create an account, including all mandatory fields on the registration form. You must provide accurate and complete information, and you hereby agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us. You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account.
Fulbo Galaxy does not provide its Services to persons under the age of thirteen (13). Users under the age of eighteen (18) may register an account with us, but we reserve the right to ask for proof of consent of their legal guardians at any moment and at our sole and final discretion. Upon the failure to provide such proof, we reserve the right to immediately freeze, block or cancel the account, with no liability.
If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible. You must provide us with full details of your service query so that we can clearly assess your concerns.
Please keep in mind that you need specific computer equipment, Internet connection, on-site power and network infrastructure in order to connect to, use and access our Services, for which we are not responsible.
As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:
Fulbo Galaxy encourages you to report violations of our guidelines and Terms. Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.
We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site or our Services.
Fulbo Galaxy encourages users to report violations of our Terms. Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Services.
Our Services may incorporate interactive public discussion forums, chat groups, bulletin boards, review services or other types of forums in which you or other users may post user generated content (e.g. reviews, messages, videos, selfies, posts and other content).
The Internet is not an anonymous means of communications, thus we cannot guarantee the confidentiality of any content that you provide to us via the Services. Each piece of content that you post is intended for public review, and except for content expressly marked as private, most user generated content that you share with us will result in such content being made publicly available for users in our Site and other third party websites, including search engines and social media sites. Please remember that not all content can be marked as private.
Particularly for streaming events, there will be a list of attendees displayed in our member events. This is important so that our users may know if other people are registered for the events which are between members. There may be the case where few or no other members elected to enter the channel, thus our users are always free to enter and leave any stream.
Fulbo Galaxy hereby disclaims any and all responsibility for what happens in any public group meetings. Since we use third party platforms open to the public, there may be no content moderation by Fulbo Galaxy or the platform or other users. Fulbo Galaxy expects that its users will behave with courtesy and common sense, but notwithstanding, if something offensive, uncomfortable or otherwise objectionable happens, any member can leave the chat or video call immediately and report the problem to Fulbo Galaxy.
Fulbo Galaxy has the right, but not the obligation, to monitor any user activity and ‘user generated content’ (e.g. names, photos, posts, feedback, images, comments, questions and other Digital Collectible content) within the Site in order to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted on our Services that we find to be in violation of our Terms, Policy or that is otherwise objectionable.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Fulbo Galaxy and our Services.
We reserve the right (but not the obligation) to monitor disputes between you and other of our users, but not with suppliers.
The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive information according to your user preferences. As our user, you will receive a conspicuous communication indicating your subscription thereof, and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.
Any commercial electronic communication that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
Limited License. Fulbo Galaxy grants you a limited, non-exclusive, revocable, royalty free and non-transferable license to utilize and access the Services. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Services, in whole or in part. Fulbo Galaxy does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded Services and computer applications, in whole or in part.
User Generated Content License. You hereby grant Fulbo Galaxy an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, image, graphic or files used to create Digital Collectibles, or otherwise any content delivered to Fulbo Galaxy via the Site or the Services. You represent and warrant to Fulbo Galaxy that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Fulbo Galaxy as set forth herein.
The aforesaid license includes the right to use, host, store, reproduce, technically modify, adapt, adjust, communicate, publish, publicly perform, publicly display and distribute any such Digital Collectible as part of a marketplace that permits the purchase and sale of your Fulbo Galaxy Digital Collectibles, provided, however, that the marketplace verifies each Digital Collectible’s rights to display the inherent content from Fulbo Galaxy to ensure that only the actual owner can display the Digital Collectible and its underlying art.
The license also includes the authorization to commercially exploit the Fulbo Galaxy Digital Collectibles, provided, however, that the third party website or application used verifies each Digital Collectible’s rights to permit the inclusion, involvement, or participation of Fulbo Galaxy Digital Collectibles, in order to ensure that only the actual owner can display the Digital Collectible and its underlying art.
Feedback License. You hereby grant Fulbo Galaxy an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to Fulbo Galaxy regarding the Site and Services.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site and the Services are the property of or otherwise are licensed to Fulbo Galaxy and its licensors and affiliates, whether acknowledged (or not), and which are protected under intellectual property laws, including copyright laws and treaties and other jurisdictions throughout the world.
Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
From time to time, our Site and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third-party websites (or their products and services). Please review the applicable terms and policies of such websites, including their privacy and data collection practices.
We may place ads and promotions from third-party sources on the Site. Accordingly, your participation or undertakings in promotions of third-parties other than Fulbo Galaxy, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party. Fulbo Galaxy is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
In compliance with various copyright legislations around the world, we hereby inform you that Fulbo Galaxy is the designated copyright agent for copyright takedown notices and intellectual property rights infringement policing though the Site, which you may contact by email.
Fulbo Galaxy takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the Site upon due notice and request by the title holder.
The following procedure will apply for any content displayed through the Site that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with email subject: “Takedown Request”. Once received, Fulbo Galaxy will study and consider your claim and, if it believes or has reason to believe any content on the Site infringes on another’s copyright, Fulbo Galaxy may delete it, disable or otherwise stop displaying it.
Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
Accordingly, you agree that: (i) Fulbo Galaxy cannot be held liable for any failures in the operation of the interface or integration resulting from acts or omissions by you or the third party; (ii) Fulbo Galaxy shall have no liability or obligation whatsoever to you in relation to the content on or use of, or correspondence with any third party website or service made available via the Services.
If an issue arises with regard to the effective operation of an interface or integration to a third party provider or system, Fulbo Galaxy will use its commercially reasonable efforts to resolve the issue.
The images, texts, posts, information, photographs and other content and media displayed on or through the Site and our Services are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes. Some or all of the content displayed in the Site is delivered by external third parties, and does not reflect Fulbo Galaxy’ opinions, nor do Fulbo Galaxy, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.
You acknowledge and agree that Fulbo Galaxy shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any material or information created, obtained or accessible through the Services or Site. Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Fulbo Galaxy reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site and the Services, at any time and without notice. Any changes will be displayed on the Site, and we may also notify you by email. As a general rule, we will try to not diminish the functionalities available to your Service tier, and in the case of increased or newly available functionalities, we will inform you before their activation, including the timeframe to accept new payment terms.
Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
You hereby represent, warrant and covenant that: (i) your use of our Site and Services, and all your uploaded and used data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide any data to Fulbo Galaxy and its affiliates, licensors and agents; and to grant the rights granted to Fulbo Galaxy in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy and any use, collection and disclosure authorized.
The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of our Services; or (iii) Fulbo Galaxy begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or revocation for our Services; (iii) Fulbo Galaxy’ termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Fulbo Galaxy to you from time to time; or (v) Fulbo Galaxy’ decision to make the Site or the Services no longer available for use, at its sole and final discretion.
These Terms, along with any and all licenses granted hereof may or will automatically terminate if you breach any of the terms and conditions contained herein. Upon termination for breach, your rights to use our Site, our Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature. In this case, please contact our support department in order to initiate the process of receiving a backup copy of your user data, if any, subject to the terms and conditions of our providers, such as Amazon Web Services.
To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. Fulbo Galaxy, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.
In no event shall Fulbo Galaxy, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Fulbo Galaxy, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
If a user suffers loss or damage as a result of Fulbo Galaxy’ negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the amount (equivalent in fiat currency) effectively transferred by the user to Fulbo Galaxy via its native token within the two months prior to the date of any claim.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You shall indemnify, hold harmless, and defend Fulbo Galaxy, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Fulbo Galaxy’ Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Fulbo Galaxy’ Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Fulbo Galaxy); and/or (ii) any third party claim arising out of or in relation to Fulbo Galaxy or use thereof in combination with your business platform, including without limitation, any claim that Fulbo Galaxy violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.
Assignment. These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Fulbo Galaxy’ assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by both parties.
Equitable remedies. You hereby acknowledge and agree that if these Terms are not specifically enforced, Fulbo Galaxy will be irreparably damaged, and therefore you agree that Fulbo Galaxy shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Force Majeure. Fulbo Galaxy shall not be liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond our reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.
Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.
No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to an international government’s embargo, or that has been designated by any nation’s government as a “terrorist supporting” country; and (ii) you are not listed on any government’s list of prohibited or restricted parties or activities.
No Waiver. Failure by Fulbo Galaxy to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
No Relationship. You and Fulbo Galaxy are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect.
Applicable Law. You agree to submit to the applicable laws in the Republic of Singapore, which will govern these Terms and any claim, without regard to conflict of law provisions.
Forum. For the application of these Terms, and of other matters of dispute appertaining these Terms, the parties hereto agree to submit to the personal jurisdiction of the courts located in Republic of Singapore.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
Contact.
If you have any questions or comments about us, our Site, our Terms and/or these Terms, please contact us at info@fulbogalaxy.com
Date of last effective update is February 9, 2022.
Copyright @FulboGalaxy 2022 - A division of Aconcagua Games PTE. LTD. - All rights reserved