Terms of service

Terms & Conditions

Last Updated: November 14, 2024

These Terms & Conditions (these “Terms”) govern your access to, and use of certain products, services, and properties made available by FewoWorld, Inc. and its affiliates (“FewoWorld,” “we,” “us,” or “our”). As used herein, the term “you” (including any variant) refers to each individual who enters into these Terms on such individual’s own behalf or any entity on behalf of which an individual enters into these Terms. Our products, services, and properties include, without limitation, the purchase or sale of artwork and related goods offered for sale through the Services (“Products”) and certain digital assets; our online and/or mobile services, including the website through which these Terms are made available; and software (including any Token (as defined below) made available by us that links to these Terms) provided on or in connection with those services (collectively, the “ Services”). Certain features of the Services may be subject to additional guidelines, terms, or rules (“Supplemental Terms”), which will be displayed in connection with such features. These Terms and all such Supplemental Terms, which are incorporated by reference, are collectively referred to as the “Agreement”. If these Terms are inconsistent with any Supplemental Terms, the Supplemental Terms shall control solely with respect to such Services.

FEWOWORLD OFFERS CERTAIN DIGITAL ASSETS AND ANY DIGITAL OR NON-DIGITAL PRODUCTS, SERVICES, AND/OR BENEFITS TO BE FURNISHED IN CONNECTION WITH SUCH SALES. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR.

PLEASE BE AWARE THAT SECTION 6 OF THIS AGREEMENT BELOW CONTAINS YOUR OPT-IN CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US.

THIS AGREEMENT IS IMPORTANT AND AFFECTS YOUR LEGAL RIGHTS, SO PLEASE READ CAREFULLY. BY CLICKING ON ANY “I ACCEPT” BUTTON, PURCHASING OR OFFERING TO PURCHASE TOKENS OR PRODUCTS THROUGH THE SERVICES, AND/OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL OF THE TERMS INCORPORATED HEREIN. If you do not agree to this Agreement, you may not access or use the Services or purchase any Tokens or Products.

PLEASE BE AWARE THAT SECTION 19 CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND FEWOWORLD HAVE AGAINST EACH OTHER WILL BE RESOLVED, INCLUDING WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE AGREEMENT. SECTION 19 CONTAINS, AMONG OTHER THINGS, AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND FEWOWORLD BE RESOLVED BY BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN THIRTY (30) DAYS OF THE EFFECTIVE DATE OF THE AGREEMENT: (1) YOU AND FEWOWORLD WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND EACH OF US WAIVES OUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) EACH OF US IS WAIVING OUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

Please refer to our Privacy Policy found at https://fewos.fewoworld.io/privacy for information about how we collect, use, and share personal information about you. By submitting data through the Services, you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.

FewoWorld reserves the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the “Last Updated” date at the beginning of this Agreement. By continuing to access or use the Services at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review this Agreement 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.

Our Services

The Services are a software application made available by FewoWorld to, among other things, enable users of the Services (“Users”) to purchase Products, including via auction, and to mint and/or purchase unique, non-fungible tokens (“NFT(s)”) implemented on one or more third-party blockchains (each and collectively, the “Blockchain Platform”) using smart contracts and any products, services, and/or benefits to be furnished in connection with such NFTs (collectively, “Tokens”). You may only participate in the purchase of any Token by linking an electronic wallet that allows you to purchase, store, and engage in transactions using cryptocurrency and NFTs (each, a “Digital Wallet”) on supported bridge extensions or through other Payment Processors (as defined below) then-currently supported by us. In order to use certain Services, including to purchase a Token through the Services, you must connect your Digital Wallet through the Services. Once you submit an order to purchase a Token, your order is passed on to the applicable extension, which completes the transaction on your behalf.
ALL TRANSACTIONS OF TOKENS INITIATED THROUGH OUR SERVICES ARE EFFECTED BY THIRD-PARTY DIGITAL WALLET EXTENSIONS. BY USING OUR SERVICES, YOU AGREE THAT SUCH TRANSACTIONS ARE GOVERNED BY THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE APPLICABLE EXTENSIONS.

Registering for an Account

In order to access certain features of the Services and/or make purchases on the Services, you may be required to register to create an account on the Services (“Account”). In registering an Account, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the Services under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by unauthorized users, and you will accept full responsibility for any unauthorized use of the Services by unauthorized users of your Account. You may not share your Account or password with anyone, and you agree to (A) notify FewoWorld immediately of any unauthorized use of your password or any other breach of security; and (B) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or FewoWorld has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, FewoWorld has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account. FewoWorld reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by FewoWorld, or if you have been previously banned from any of use of the Services.

User Representations and Warranties

You must be at least eighteen (18) years old or otherwise of legal age in your jurisdiction to form a binding contract to use the Services. By using the Services, you agree to (i) provide accurate, current, and complete information about yourself; (ii) maintain and promptly update from time to time as necessary such information; (iii) maintain the security of your Account and Digital Wallet and accept all risks of unauthorized access to your Account or Digital Wallet and to the information you provide to us; and (iv) immediately notify us if you discover or otherwise suspect any security breaches related to the Services.
You agree that you will not:

buy, sell, rent, or lease access to the Services without our written permission;
log in or try to log in to access the Services through unauthorized third-party applications or clients.

FewoWorld may require you to provide additional information and documents from time to time, including without limitation at the request of any competent authority or in order to help FewoWorld 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. FewoWorld may also require you to provide additional information and documents in cases where it has reasons to believe that: (i) your Account, Digital Wallet or other access to the Services are being used for money laundering or for any other illegal activity; (ii) you have concealed or reported false identification information and other details; or (iii) transactions effected via your Account or Digital Wallet were effected in breach of this Agreement. In such cases, FewoWorld, in its sole discretion, may pause or cancel your transactions until such requested additional information and documents have been reviewed by FewoWorld 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, FewoWorld may refuse to provide any Token, Content (as defined below), product, service, and/or further access to the Services to you.
When you use the Services, you hereby represent and warrant, to and for the benefit of FewoWorld, its affiliates, and its and their respective representatives, as follows:

Authority. You have all requisite capacity, power, and authority to enter into and perform your obligations under this Agreement.
Accuracy of Information. All information provided by you to FewoWorld and/or its third-party designees is accurate and complete. None of: (1) you; (2) any of your affiliates; (3) any other person having a beneficial interest in you; or (4) any person for whom you are acting as agent or nominee in connection with this Agreement is: (A) a country, territory, entity, or individual named on an OFAC list as provided at http://www.treas.gov/ofac or a person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list; or (B) a senior foreign political figure or any immediate family member or close associate of a senior foreign political figure.
Independent Investigation and Non-Reliance. You are sophisticated, experienced, and knowledgeable regarding Tokens. 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 use the Services, 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 the Tokens, are uncertain. 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 Tokens) 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, FewoWorld, in determining to enter into this Agreement or use the Services.
Litigation. There is no legal proceeding pending that relates to your activities relating to the Services or other token- or digital asset- trading or blockchain technology-related activities.
Compliance. You have not failed to comply with, and have not violated, any applicable legal requirement relating to any blockchain technologies or token trading activities. 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.

You must provide all equipment and software necessary to connect to the Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.

Product Purchase Terms and Conditions

Purchase Terms. Products are made available at prices and subject to any purchase terms and/or methods (e.g., via a blind auction) identified on the Services in connection with such Products (“Purchase Terms”). When FewoWorld accepts your payment in accordance with the applicable Purchase Terms, an order will be created (each, an “Order”).
Payment. You will be charged the purchase price for the Products, including any applicable taxes and shipping charges as set forth at point of sale, (the “Purchase Price”) at the time your Order for the Products is accepted. Your placing of the Order constitutes your express agreement for FewoWorld to charge your provided payment method at such time. If you elect to purchase any Products, you will be required to provide your payment details and any additional information required to complete your order directly to our third-party payment service provider (“Payment Processor”). If Shopify is the Payment Processor, you agree to be bound by the Shopify Payments Terms of Service, currently accessible at https://www.shopify.com/legal/terms-payments/us. You hereby consent and authorize FewoWorld and its Payment Processor to share any information and payment instructions you provide with one or more Payment Processor(s) to the minimum extent required to complete your transactions. Please note that online payment transactions may be subject to validation checks by our Payment Processors and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. Your card issuer may charge you an online handling fee or processing fee, and FewoWorld is not responsible for this fee.
Taxes, Fees. Unless otherwise indicated, the prices listed on the Services may not include sales tax, shipping, and handling charges. Any international Order may incur additional import, export, or duty fees as determined by each country. You will have the opportunity to review product prices and the estimated sales tax, shipping, handling, and other charges prior to submitting your order or completing the checkout process. The final calculation of the actual sales tax collected, which will be calculated in accordance with the tax code of the jurisdiction to which the order will be shipped, will be reflected in your order confirmation e-mail and packing slip. Except for sales tax, which is collected by FewoWorld, prices for Products exclude all other taxes, duties, levies or fees, or other similar charges imposed on you by any taxing authority related to your order. You are responsible for payment of such taxes, duties, levies, fees, or other similar charges resulting from your Order (other than taxes imposed on FewoWorld’s income) and we are not responsible for collecting, reporting, paying, remitting to you any such taxes, fees, or charges. Notify FewoWorld promptly should you believe your order has a pricing error. Except as otherwise set forth on the Services, FewoWorld reserves the right to change prices at any time.
No Cancellations, Returns, or Refunds. Once you place your Order, the Order is final, noncancelable, and (except as otherwise set forth herein) nonrefundable. Refunds may not be available except in the event Products received are damaged, defective, or not as otherwise described on the Services due to a fact or circumstance within our reasonable control. Exchanges may be allowed in our sole discretion if the Products being exchanged are still available. You will be responsible for any additional shipping fees required to complete the exchange. We will only accommodate exchange requests within thirty (30) days of delivery. For any questions about our return or refund policy, please send us an email at support@fewocious.io.
Shipping. Except as otherwise set forth on the Services (e.g., if an Order is designated as a pre-Order), any Order will be processed within seven (7) days. The estimated shipping time for US addresses is 5-10 days from the date the Order is shipped. FewoWorld makes no shipping time estimates or guarantees for international addresses. If the package is refused and is returned to the sender, you are responsible for the original shipping charges as well as any customs fees or taxes that are incurred. If the shipping address you provide to FewoWorld is incorrect or incomplete or if the package is undeliverable and returned to FewoWorld, you will be responsible for the shipping and return shipping charges. In the instance that the price to return the Products exceeds the total cost of the Products, the package will be deemed abandoned, and you will not be refunded. Shipping is fulfilled by a FewoWorld vendor in accordance with FewoWorld’s then-standard policies and procedures, which may change from time to time or with respect to certain Products. FewoWorld is not responsible for unexpected shipping delays caused by circumstances such as severe weather, natural disasters, train derailments, etc. FewoWorld is not responsible for unexpected shipping delays caused by circumstances related to the courier itself, such as clearance delays or other occurrences and the shipping fee is non-refundable. FewoWorld is not responsible for lost or stolen packages. In the event that a package is lost or stolen, you will need to contact the courier to open an investigation. For any questions about our delivery policy, send us an email at support@fewocious.io.
Disclaimers. Please note that FewoWorld reserves the right to decline or cancel any Order, in whole or in part, at any time, including after acceptance. We will have no liability for any such declined or cancelled Order. FewoWorld may also limit the quantity of Products available to purchase, whether generally or by any individual User, at any given time or period or in connection with any specific auction or other sale. FewoWorld may also prohibit a User from purchasing any Products or otherwise accessing or using the Services in FewoWorld’s sole discretion, including without limitation in the event of a violation of these Terms. FewoWorld reserves the right to cancel any auction or other Product Terms. The purchase of the Products may be subject to additional Product Terms which will be provided by FewoWorld at point of sale. In the event of a conflict between these Terms and the Purchase Terms, the Purchase Terms will control with respect to the applicable Product.

Purchasing a Token

Purchasing a Token. By purchasing a Token, you agree to comply with any terms, including licenses or payment rights that are embedded within or otherwise included with any Token that you purchase. FewoWorld does not guarantee that Tokens will be transferable to any other platform. FewoWorld may set limits on these or other terms regarding the sale of Tokens comprising FewoWorld’s Content, including, without limitation, any fee payable in connection with any subsequent sale of a Token, whether or not such sale takes place on or through the Services (each such sale, a “Secondary Sale,” and such fee, a “Secondary Sale Fee”), and FewoWorld will display such terms at point of sale or otherwise within the Services (the “NFT Terms”). When you purchase a Token, you agree that you have read, understood, and agreed to be bound by any terms and conditions applicable to the Secondary Sale of that Token, including any Secondary Sale Fee (regardless of whether such Secondary Sale Fee is enforced or supported by the third-party platform or marketplace that facilitates a Secondary Sale). You further agree that, if you sell a Token, you will bind the purchaser of the Token to such Secondary Sale terms and conditions. FewoWorld is not and shall not be a party to any transaction or dispute between any initial buyer of a Token and any subsequent owner of such Token, whether arising from any rights granted in that Token or otherwise, unless otherwise set forth in connection with such Token.
Pricing and Fees. All pricing and payment terms for Tokens 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, shall impact or excuse your obligations with respect to any purchase. Whether a particular cryptocurrency is accepted as a payment method by FewoWorld is subject to change at any time in FewoWorld’s sole discretion.
Token Payment. Payment processing for each Token purchase is provided by one or more third-party Payment Processors or bridge extensions. FewoWorld may add or change any Payment Processor at any time. Such services may be subject to additional terms or conditions as imposed by the applicable Payment Processor, if your right to use Payment Processor’s payment processing system is terminated you may not be able to access and use the Services.

Consent to Electronic Communication

By contacting FewoWorld via email, signing up to be white-listed for a sale of Tokens, purchasing any Products, or by using the Services, you consent to receive electronic communications from FewoWorld (e.g., via Discord, email, or by posting notices to the Services). These communications may include notices about your use of the Services (e.g., transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you.

Ownership and Licenses from You.

FewoWorld Ownership. Unless otherwise indicated in writing by us, the Services and all content and other materials contained therein, including, without limitation, the FewoWorld 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 FewoWorld or our affiliates, licensors, or Users, as applicable. The FewoWorld logo and any FewoWorld product or service names, logos, or slogans that may appear on the Services are trademarks of FewoWorld or our affiliates and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “FewoWorld,” or any other name, trademark, or product or service name of FewoWorld or our affiliates without our prior written permission. In addition, the look and feel of the Services and Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of FewoWorld and may not be copied, imitated, or used, in whole or in part, without our prior written permission. 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 FewoWorld.
Feedback. You agree that submission of any ideas, suggestions, reviews, documents, and/or proposals to FewoWorld by FewoWorld’s request or through its suggestion, feedback, wiki, forum, or similar pages (“Feedback”) is at your own risk and that FewoWorld has no obligation (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to FewoWorld a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or FewoWorld’s business.
Your Content. You hereby grant to FewoWorld a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit in any manner any Content made available by you on or through the Services as reasonably necessary to provide and improve the Services and FewoWorld’s other products and services.

License to Our Services and Content

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 is subject to this Agreement and does not include any right to (i) sell, resell, or use commercially the Services or Content; (ii) distribute, publicly perform, or publicly display any Content (iii) modify or otherwise make any derivative uses of the Services or Content, or any portion thereof; (iv) use any data mining, robots, or similar data gathering or extraction methods; (v) download (other than page caching) any portion of the Services or Content, except as expressly permitted by us; and (vi) use the Services or Content other than for their intended purposes. This license is subject to your compliance with the Acceptable Use Policy set forth in Section 10 below.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray FewoWorld or our affiliates or any of our Services, Content, products, or services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable in FewoWorld’s sole discretion. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of FewoWorld to link to the Services or Content without our express written permission. Further, you may not use, frame, or utilize framing techniques to enclose any FewoWorld trademark, logo, or other proprietary information (including the images found on the Services or the content of any text or the layout or design of any page, or form contained on a page, on the Services) without our express written consent.
FewoWorld may from time to time change or discontinue any or all aspects or features of the Services, including by (i) altering its smart contracts pursuant to upgrades, forks, security incident responses, or chain migrations; (ii) deactivating or deleting Content that FewoWorld in its sole discretion determines has been abandoned; or (iii) repossessing any Tokens that FewoWorld in its sole discretion determines have been abandoned. In such events, you may no longer be able to access, interact with, or read the data from the Services.

Third-Party Services; Third-Party Terms

The Services may contain links to third-party properties (“Third-Party Properties”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Property or Third-Party Application, such as a bridge extension, you are subject to the terms and conditions (including privacy policies) of such other property or application. Such Third-Party Properties and Third-Party Applications are not under the control of FewoWorld. FewoWorld is not responsible for any Third-Party Properties or Third-Party Applications. FewoWorld provides links to these Third-Party Properties and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Properties or Third-Party Applications or their products or services. You use all links in Third-Party Properties, and Third-Party Applications at your own risk. When you leave our Services, our Terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Properties or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

Acceptable Use Policy

You agree that you are solely responsible for your conduct while participating in the purchase or sale of Tokens, Products or otherwise accessing or using the Services. You agree that you will abide by this Agreement and will not:

Provide false or misleading information to FewoWorld;
Use or attempt to use another User’s linked Digital Wallet without authorization from such User and FewoWorld;
Pose as another person or entity;
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
Develop, utilize, or disseminate any software, or interact with any API in any manner that could damage, harm, or impair the Services;
Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Services;
Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Services, extract data, or otherwise interfere with or modify the rendering of Services or functionality;
Collect or harvest data from our Services that would allow you to contact individuals, companies, or other persons or entities or use any such data to contact such entities;
Use data collected from our Services for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
Bypass or ignore instructions that control all automated access to the Services;
Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates any applicable law or this Agreement;
Use the Blockchain Platform to carry out any illegal activities in connection with, or in any way related to, your access to and use of the Services, including but not limited to money laundering, terrorist financing, or deliberately engaging in activities designed to adversely affect the performance of the Blockchain Platform or the 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:

trading a Token at successively lower or higher prices for the purpose of creating or inducing a false, misleading, or artificial appearance of activity in such Token, unduly or improperly influencing the market price for such Token trading on the Services, or establishing a price which does not reflect the true state of the market in such Token;
for the purpose of creating or inducing a false or misleading appearance of activity in a Token or creating or inducing a false or misleading appearance with respect to the market in a Token: (A) executing or causing the execution of any transaction in a Token that involves no material change in the beneficial ownership thereof; or (B) entering any order for the purchase or sale of a Token with the knowledge that an order of substantially the same size and at substantially the same price for the sale of such Token has been or will be entered by or for the same or different parties; or
participating in, facilitating, assisting, or knowingly transacting with any pool, syndicate, or joint account organized for the purpose of unfairly or deceptively influencing the market price of a Token.

Investigations

If FewoWorld becomes aware of any possible violations by you of this Agreement, FewoWorld reserves the right to investigate such violations. If, as a result of the investigation, FewoWorld believes that criminal activity may have occurred, FewoWorld reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. FewoWorld is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Services, including your Content, in FewoWorld’s possession in connection with your use of the Services, to (a) comply with applicable laws, legal processes, or governmental requests; (b) enforce this Agreement; (c) respond to any claims that your Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of FewoWorld, its Users, the public, and all law enforcement or other government officials, as FewoWorld in its sole discretion believes to be necessary or appropriate. By agreeing to this Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your use of the Services, including without limitation text, voice, or video communications.

Release

You hereby release and forever discharge FewoWorld and our officers, employees, agents, successors, and assigns (the “FewoWorld Entities”) from, and hereby waive and relinquish each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), which has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Users of the Services or any Third-Party Properties or Third-Party Applications). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Assumption of Risk Related To Tokens

You acknowledge and agree that:

The prices of digital assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Tokens, which may also be subject to significant price volatility. We cannot and do not guarantee that any Tokens will not lose value.
You are solely responsible for determining what, if any, taxes apply to your transactions involving Tokens. Neither FewoWorld nor any other FewoWorld Entity is responsible for determining the taxes that may apply to transactions involving Tokens.
Tokens exist and can be transferred only by virtue of the ownership record maintained on the blockchain supporting such Tokens.
There are risks associated with using digital currency and digital assets, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, the risk that third parties may obtain unauthorized access to your information, and the risk of purchasing (i) counterfeit or mislabeled assets; (ii) assets that are vulnerable to metadata decay; (iii) assets on smart contracts with bugs; and (iv) assets that may become untransferable.
Upgrades to the Blockchain Platform, a hard fork in the Blockchain Platform, a failure or cessation of the Blockchain Platform, or a change in how transactions are confirmed on the Blockchain Platform may have unintended, adverse effects on all blockchains using such technologies, including without limitation your transactions involving Tokens purchased from FewoWorld.
The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is evolving, and new regulations or policies may materially adversely affect the development of the Services and the utility of Tokens.
FewoWorld reserves the right to hide collections, contracts, and assets that FewoWorld suspects or believes may violate this Agreement. Tokens you purchase may become inaccessible on the Services. Under no circumstances shall the inability to access or view your assets on the Services serve as grounds for a claim against FewoWorld.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless FewoWorld and the FewoWorld Entities from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees and 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 this Agreement 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”). This includes, but is not limited to, damages to property or personal injury, which are caused by, arise out of, or are related to (a) your use or misuse of the Services, Content or Tokens (including, without limitation, any act or omission involving any third party in connection with the listing, buying, selling, or trading of any Tokens hereunder); (b) any Feedback you provide; (c) your violation of this Agreement; (d) your violation of the rights of any third party, including another User; (e) any breach or non-performance of any covenant or agreement made by you; (f) your listing, buying, selling, or trading of any Tokens; (g) any off-chain benefits (including the furnishing, or any failure to furnish, or any acts or omissions of or attributable to you or any third party in respect of the same); or (h) your purchase or failure to purchase, or use of or failure to use, any Products. You agree to promptly notify FewoWorld of any third-party Claims and cooperate with FewoWorld Entities in defending such Claims. You further agree that FewoWorld Entities shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND FEWOWORLD.

Disclaimers

THE SERVICES, CONTENT CONTAINED THEREIN, PRODUCTS, AND TOKENS LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. FEWOWORLD (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (i) WILL MEET YOUR REQUIREMENTS; (ii) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (iii) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. FEWOWORLD DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES OR ANY CONTENT CONTAINED THEREIN. FEWOWORLD DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICES. WHILE FEWOWORLD ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT SAFE, FEWOWORLD CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, CONTENT, OR ANY TOKENS LISTED ON OUR SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. 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 UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICES. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF TOKENS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (i) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (ii) SERVER FAILURE OR DATA LOSS; (iii) CORRUPTED DIGITAL WALLET FILES; (iv) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (v) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING, OR OTHER MEANS OF ATTACK AGAINST THE SERVICES OR TOKENS.
TOKENS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN PLATFORM. WE DO NOT GUARANTEE THAT FEWOWORLD OR ANY FEWOWORLD ENTITY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY TOKENS. WE CANNOT AND DO NOT GUARANTEE THAT ANY TOKEN WILL HAVE OR RETAIN ANY INHERENT VALUE, OR THAT YOU WILL BE ABLE TO SELL OR RESELL ANY TOKEN PURCHASED THROUGH THE SERVICES.
FewoWorld is not responsible for any losses or harms sustained by you due to vulnerability or any kind of failure, abnormal behavior of software (e.g., smart contract), blockchains, or any other features of or inherent to the Tokens. FewoWorld is not responsible for casualties due to developers’ or representatives’ delay or failure to report any issues with any blockchain supporting Tokens, including without limitation forks, technical node issues, or any other issues that result in losses of any sort.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death, or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded under the laws applicable to your jurisdiction. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
AS PART OF THE SERVICES, YOU MAY HAVE ACCESS TO MATERIALS AND SERVICES THAT ARE HOSTED BY THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT FEWOWORLD DOES NOT MONITOR SUCH MATERIALS AND SERVICES AND THAT YOU ACCESS THESE MATERIALS AND SERVICES AT YOUR OWN RISK. FEWOWORLD IS NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES AND OTHER USERS OF THE SERVICES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FEWOWORLD BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SERVICES, ANY TOKENS, ANY PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, COST OF PROCUREMENT OF SUBSTITUTE GOODS RESULTING FROM ANY PRODUCTS PURCHASED THROUGH THE SERVICES, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF FEWOWORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE UNDERTAKEN BY YOU 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.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FEWOWORLD ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, YOUR ACCESS TO AND USE OF THE SERVICES, CONTENT (INCLUDING YOUR CONTENT), ANY PRODUCTS PURCHASED BY YOU, OR ANY TOKENS MINTED, PURCHASED, OR SOLD THROUGH THE SERVICES EXCEED THE GREATER OF (i) $100 OR (ii) THE AMOUNT RETAINED BY FEWOWORLD IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination

Term. These Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the Services, unless terminated earlier in accordance with these Terms.
Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that these Terms commenced on the earlier to occur of (i) the date you first used the Services or (ii) the date you accepted these Terms and will remain in full force and effect while you use the Services, unless earlier terminated in accordance with these Terms.
Termination of Agreement by FewoWorld. If you have materially breached any provision of these Terms, if we decide to discontinue our Services at any time in our sole discretion, or if we are required to do so by law, we have the right to, immediately and without notice, suspend or terminate your Account or access to the Services.
Termination of Agreement by You. If you want to terminate this Agreement, you may do so by (i) notifying FewoWorld at any time and (ii) closing your Account. Your notice should be sent, in writing to the email listed in Section 22.
Effect of Termination. We will not have any liability whatsoever to you for any suspension or termination of your access to the Services. All provisions of these Terms which by their nature should survive, shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnification, dispute resolution, limitation of liability, and general provisions.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER. Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires that you and FewoWorld arbitrate disputes against one another.

Dispute Resolution: PLEASE BE AWARE THAT THIS SECTION 19 CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND FEWOWORLD HAVE AGAINST EACH OTHER WILL BE RESOLVED. AMONG OTHER THINGS, THIS SECTION 19 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND FEWOWORLD BE RESOLVED BY BINDING AND FINAL ARBITRATION. THIS SECTION 19 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS SECTION 19 CAREFULLY.

Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and we agree that any dispute, claim, or request for relief relating in any way to your access or use of the Services or to any aspect of your relationship with FewoWorld, including any claims and disputes that arose between us before the effective date of this Agreement, (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims or seek relief in small claims court if your claims qualify; and (ii) you or FewoWorld 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). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of the Agreement as well as claims that may arise after the termination of this Agreement.
Informal Dispute Resolution. There might be instances when a Dispute arises between you and FewoWorld. If that occurs, FewoWorld is committed to working with you to reach a reasonable resolution. You and FewoWorld agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost, and mutually beneficial outcome. You and FewoWorld therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to FewoWorld that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to the address(es) set forth in Section 22. The Notice must include: (i) your name, telephone number, mailing address, or e‐mail address associated with your Account; (ii) the name, telephone number, mailing address, and e‐mail address of your counsel, if any; and (iii) a description of your Dispute. The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple Users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this Section.
Waiver of Jury Trial. YOU AND FEWOWORLD HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and FewoWorld are instead electing that all Disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in subsection 19(a). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class and Other Non-Individualized Relief. YOU AND FEWOWORLD AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 19(i) (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor will it, affect the terms and conditions under the subsection 19(i) (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this subsection are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and FewoWorld agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and may be litigated in the state or federal courts located in the Kings County, New York. All other Disputes will be arbitrated or litigated in small claims court. This subsection does not prevent you or FewoWorld from participating in a class-wide settlement of claims.
Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution Conference process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and FewoWorld agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (i) the name, telephone number, mailing address, and/or e‐mail address of the party seeking arbitration and the Account username (if applicable) as well as the email address associated with any applicable Account; (ii) a statement of the legal claims being asserted and the factual bases of those claims; (iii) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy in United States Dollars; (iv) a statement certifying completion of the Informal Dispute Resolution Conference process as described above; and (v) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. Unless you and FewoWorld otherwise agree, or the Batch Arbitration process discussed in subsection 19(i) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely as set forth in the applicable AAA Rules. You and FewoWorld agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under subsection 19(i) is triggered, the AAA will appoint the arbitrator for each batch.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (i) all Disputes arising out of or relating to subsection 19(d), including any claim that all or part of subsection 19(d) is unenforceable, illegal, void or voidable, or that subsection 19(d) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (ii) except as expressly contemplated in subsection 19(i), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (iii) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (iv) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in subsection 19(i). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or FewoWorld need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution Conference process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and FewoWorld agree that in the event that there are one hundred (100) or more individual Requests of a substantially similar nature filed against FewoWorld by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (i) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (ii) appoint one arbitrator for each batch; and (iii) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by FewoWorld. You and FewoWorld agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the email set forth in Section 22 within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your Account (if applicable), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Invalidity, Expiration. Except as provided in subsection 19(d), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with FewoWorld as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if FewoWorld makes any future material change to this Arbitration Agreement, it will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to FewoWorld at the email set forth in Section 22, your continued use of the Services following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. FewoWorld will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

International Users

The Services can be accessed from countries around the world and may contain references to products and services and that are not available in your country. These references do not imply that FewoWorld intends to announce such product or service in your country. The Services are controlled by FewoWorld from its facilities in the United States of America. FewoWorld makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.

General

We reserve the right in our sole discretion to modify, suspend, or discontinue the Services, or any features or parts thereof, whether temporarily or permanently, at any time with or without notice to you in our sole discretion. This Agreement, and your access to and use of the Services, shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to any conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Subject first to Section 19, any dispute between you and FewoWorld that is permitted to be heard in court shall be resolved in the state or federal courts of New York, New York, and you hereby irrevocably consent to the personal jurisdiction of such courts. Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. Upon termination of your rights under this Agreement, your right to access and use the Services will terminate immediately. FewoWorld will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for termination of your right to access and use the Services. All sections intended by their nature to survive will survive the termination of this Agreement. If any term, clause, or provision of this Agreement is held invalid or unenforceable, then that term, clause, or provision will be severable from this Agreement 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 this Agreement. Your relationship to FewoWorld is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of FewoWorld. FewoWorld’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of FewoWorld and you and shall not confer third-party beneficiary rights upon any other person or entity. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Contact Information

FewoWorld, Inc.

support@fewocious.io

Country/region

Terms of service