Sign in
Sign up

Terms of Use

Latest Version: 11 March 2024

  1. Introduction

    1. These Terms of Use Agreement (“Agreement”) establishes a legally binding contract between BeyondFOMO, LLC, a Florida corporation, (“BEYONDFOMO”, “US”, “WE”), You (“YOU, “YOUR”, “USER”), any person or entity visiting beyondfomo.com (hereafter referred to as the “Website”) and/or any party entering into an Order with BeyondFOMO (“Customer”). This Agreement becomes effective immediately upon any visit to the Website and is further affirmed from the Customer’s Service activation date (“Effective Date”). To ensure clarity, “You” refers to any person or entity visiting the BeyondFOMO Website.
    2. The Website serves as a dynamic resource dedicated to providing tools and materials for educational and informational purposes on cryptocurrencies, along with aggregating and delivering information on cryptocurrencies, utility tokens, digital coins/currencies, and initial coin offerings (“ICOs”) that do not constitute an offering of securities. Our Services extend beyond information dissemination to include marketing services for projects and individuals, strategic guidance, online courses, subscriptions, widgets, plugins, extensions, community-generated content, user-generated content, event listings, online subscription features, account registration, messaging services, a loyalty rewards program, discussion groups, voting capabilities, update functions, directories, and third-party products developed either by BeyondFOMO or by third parties. These offerings, both individually and collectively referred to as “Services”, along with any related forums, blogs, social media pages, and other platforms operated or maintained by BeyondFOMO, are herein collectively termed the “Site” for the purpose of this Agreement. To ensure clarity, the Website is dedicated solely to cryptocurrency and explicitly excludes any products or instruments that may be classified as “securities” under the Securities Act of 1933 and the Securities Exchange Act of 1934.
    3. This Agreement, together with all referenced or attached documents, provides a comprehensive framework governing your use of the BeyondFOMO Site and the free usage and/or purchase of Services pursuant to Orders. BeyondFOMO explicitly rejects any terms and conditions proposed by the Customer that are additional to or different from those set forth in our Orders, Service Descriptions, or these Terms of Use.
    4. By accessing or engaging with our Site, Services and/or Content, you acknowledge having read, understood, and agreed to be bound by this Agreement, which includes our Privacy Policy, Risk Disclosure, Fraud Warning Disclaimer, Entries and FOMOS Rewards Disclaimer, Affiliate Agreement, Listing Agreement, Community Rules and any other terms of service or rules that may be introduced over time. This Agreement lays the foundation for our mutual rights and obligations, ensuring a clear understanding of the legal framework within which our services are provided. BeyondFOMO’s commitment to transparency and compliance underscores our dedication to providing a trusted and secure Website for our users.

  2. Minors

    1. The Site and Services are designed for adults and business entities. Consequently, our Site and Services are not intended for individuals considered minors under applicable laws. We cannot ascertain the age of our users; therefore, if you are a minor, you must cease using our Site and Services immediately. Parents and legal guardians should monitor and prevent minors from accessing our Site and Services.

  3. Eligibility

    1. By accessing or using the Site or Services, you affirm that you are at least of legal age in your respective jurisdiction and possess the legal authority to enter into binding contracts, including the acceptance of these Terms of Use and the accompanying Agreement. You must refrain from using the Site or Services if you do not meet the legal age requirement, or if BeyondFOMO has previously terminated any account of yours or banned you from using the Site or Services.
    2. If you are using the Site or Services on behalf of an entity, such as a company, partnership, association, or organization, you represent that you have the legal authority to bind that entity to this Agreement. “You” refers to both the individual user and the entity represented, making both jointly and severally liable under this Agreement. The entity must comply with these Terms of Use and is prohibited from using the Service if BeyondFOMO has terminated an account associated with the entity or banned the entity from using the Site or the Service.

  4. Data Protection and Privacy

    1. BeyondFOMO is committed to protecting the privacy and security of our users’ data. We comply with all applicable data protection laws in the jurisdictions we operate, including GDPR in Europe and CCPA in California. By purchasing, using and/or accessing the Site and/or Services (as the case may be), you consent to our collection and use of your personal data as outlined in our Privacy Policy.

  5. Account

    1. You would need to sign up for an account with BeyondFOMO (“Account”) to access certain parts of the Site and/or to become a Customer in order to use some of the Services.
    2. You are solely responsible for all activities under your Account. We will not be responsible in any way if your password and/or Account are misappropriated or used by a third party. You therefore agree to keep your password secure and keep your account information up-to-date at all times.
    3. Unless expressly permitted by BeyondFOMO and subject to the Terms and any other additional terms as BeyondFOMO solely and absolutely determines, you shall not set up multiple Accounts. You shall not lend, transfer or sell your Account or Account information to another party and must not use another user’s Account without their written permission.
    4. BeyondFOMO may contact you on the email address provided in your Account registration. You will not be able to opt out from such communications, and you shall take the responsibility to ensure that your email address is up-to-date. If you missed any communications due to an inaccurate, outdated, or incomplete email address, BeyondFOMO will not be liable for any losses or damages caused by you missing the communication.
    5. Additionally, you acknowledge and agree that you (and not BeyondFOMO) are solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, software and services needed for you to access and use the Site or Services, and paying all charges related thereto.

  6. Services, Courses, Subscriptions and Orders

    1. Service Descriptions. This Agreement contains general contractual terms for all Services to be provided by BeyondFOMO pursuant to one or more orders (each, an “Order”). Additional terms and conditions that apply to each type of Service may be set forth in service descriptions, which will be published on the Website and/or in the applicable Order. We may from time to time make changes to the Service Descriptions to add new or improved Services, substitute Services or simply discontinue a Service (collectively “Service Updates”). Customer shall periodically check the Website for such Service Updates.
    2. Online Courses. Where we have imposed any restrictions on access to the courses available through the Site and/or Service, you agree that you shall not allow any other person to share your access to such online courses available through the Site and/or Service.
    3. Subscriptions.

      1. Your purchased subscription plan of a Service is subject to automatic renewal (“Recurring Subscription”) until it is discontinued by us at our sole discretion or canceled by you. You authorize us to maintain your account information and charge that account automatically upon the renewal of the subscription plan with no further action required from you. In the event that we are unable to charge your account as authorized by you when you purchased a Recurring Subscription, we may, at our sole discretion:

        1. bill you for the Service and suspend your access to the Service until payment is received; and/or
        2. suspend your Recurring Subscription if we have made three (3) unsuccessful attempts to charge your account.
      2. The Services are free of charge only within “Free Plan”

        1. Access to some Services within “Free Plan” may require signing in with an Account.
    4. Ordering Procedures. Customer may at any time request for BeyondFOMO to provide a Service by submitting to BeyondFOMO an Order, either online, by phone, by online chat, or in a form provided by BeyondFOMO. Each Order is incorporated into the Agreement and will contain applicable pricing and payment terms, Service Level Agreement (as defined in Section 6.6), if any, and other transaction specific provisions. In the event of any conflict between this Agreement and the terms of any of the Service Descriptions and the applicable Order(s), precedence will be given in the following order: (a) the Order, but solely with respect to the Services covered by that Order; (b) the Service Description, but solely with respect to the Service covered by the Services Description; and (c) this Agreement.
    5. Technical Requirements.

      1. In order to use the Site and/or Services you must meet the following technical requirements:
        1. internet access;
        2. access to devices that enable internet use; and
        3. access to a web browser (such as Chrome), in its newest version on the day provision of Service order, that enables viewing of hypertext documents connected via the internet and supports JavaScript programming language as well as accepts cookies.
    6. Support and Service Levels. BeyondFOMO will provide technical support services for the Services (“Support”) to its Customers via phone, email and live chat based on the level of Support purchase by Customer pursuant to an Order. Detailed descriptions of the various Support levels are set forth in the Support Service Description available at Website. Support is only available to Customer; BeyondFOMO has no obligation to provide Support to any other party. BeyondFOMO may from time to time make changes to the Support or Service Level Agreements, and Customer shall periodically check the Website for such changes.
    7. Third Party Products. BeyondFOMO may make available to Customer from time to time, certain third party products and/or services (collectively, the “Third Party Products”) and, if purchased by Customer, such Third Party Products are non-refundable upon termination of the Agreement. Customer acknowledges and agrees that BeyondFOMO is reselling such Third Party Products and that it neither provides any warranty related to nor assumes any liability for such Third Party Products. To the extent permitted by the Third Party Product manufacturer, BeyondFOMO will pass through to Customer the manufacturer’s warranties related to each Third Party Product and will use commercially reasonable efforts to facilitate utilization by Customer of such warranties. Customer shall abide by all terms and conditions governing the use of such Third Party Products.
    8. Ownership. Customer shall not remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any materials made available by BeyondFOMO. Customer shall not use any Services or materials provided by BeyondFOMO after the expiration or termination of the Order under which the same was provided.
    9. Subcontractors. BeyondFOMO may use affiliates and third party service providers to perform all or any part of the Services, but BeyondFOMO remains responsible under the Order for Services performed by any affiliate or third party service provider to the same extent as if BeyondFOMO performed the Services.
    10. Use and Storage. You acknowledge that we may establish general practices and limits concerning the use of the Site, including without limitation the maximum period of time that data or other content will be retained by the Site and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Site. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time at our sole discretion. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion.
    11. Mobile Service.

      1. The Site may include certain services that are available via a mobile device, including:
        1. the ability to upload content to the Service via a mobile device;
        2. the ability to browse the Service and the Site from a mobile device; and
        3. the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”).
    12. To the extent you access the Site and/or Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or text messages of any form at that number. In the event that you change or deactivate your telephone number, you agree to promptly update your account information.

  7. Charges, Recurring Subscription and Payment Terms

    1. Fees. Customer shall pay to BeyondFOMO all recurring and non-recurring fees for the Services and Third Party Products (“Fees”) in the amounts set forth on the applicable invoice. BeyondFOMO may increase fees for the Services provided under an Order upon thirty (30) days’ advance notice as follows: (a) for Services provided on a month-to-month term, BeyondFOMO may increase Fees effective the first day of the next month following the notice period; and (b) for Services provided over a term greater than one month, BeyondFOMO may increase fees for the Services provided under an Order as of the first day of the next Renewal Term.
    2. Non-Recurring Payment. Charges will be included on the invoice for the applicable installation or Service changes as directed by Customer. Unless other payment methods have been approved, BeyondFOMO will charge Customer’s credit card.
    3. Recurring Subscription Terms. Unless other payment methods have been approved, BeyondFOMO will charge Customer’s credit card monthly, in most cases without invoice. If another method of payment has been approved, BeyondFOMO shall notify Customer of its monthly invoice via electronic mail no later than two (2) days after the invoice date to the email address(es) designated on page one (1) of this Agreement (“Billing Email Address”). Customer must provide BeyondFOMO thirty (30) days written notice of any changes to its Billing Email Address. Customer waives the right to dispute any charges not disputed within such thirty (30) day period. Billing shall commence on the first day the Services are made available to Customer. Monthly recurring charges shall be invoiced monthly. Non-recurring charges will be included on the invoice for the applicable installation or Service changes as directed by Customer.

      1. We may update the price(s) of Recurring Subscriptions from time to time and will notify you in advance of any updated price(s). Any updated price(s) for Recurring Subscriptions will take effect at the next applicable subscription period following the date on which we notify you of the updated price(s). You accept the updated price(s) by continuing your Recurring Subscription after the updated price(s) take(s) effect. If you do not agree to the updated price(s), you must cancel your Recurring Subscription before the updated price(s) take(s) effect. You agree that you are responsible for carefully reading any notification from us in relation to any updated price(s).
      2. Subscription orders and/or payments are non-refundable and there are no refunds or credits given for any partially used subscription plans. You may cancel a Recurring Subscription at any time, but if you cancel your Recurring Subscription before the end of the current subscription period, we will not refund (fully or partially) any subscription fees already paid to us. Following any such cancellation, however, you will continue to have access to the Service until the end of the current subscription period. At any time, and for any reason, we may at our sole discretion provide a refund, discount, or other consideration to some or all of our users. Notwithstanding any provision by us of such refund, discount or other consideration in any particular instance, we are under no obligation to provide such refund, discount or other consideration again under any circumstance.
      3. You may cancel your Recurring Subscription via these 3 different methods: 1) Email to us, 2) Directly through the payment gateway, 3) Via your account page at https://beyondfomo.com/account/dashboard/. Upon cancellation of your Recurring Subscription, you will continue to have access to the Service until the end of the current subscription period and thereafter your account will be terminated. You agree that we are under no obligation to assist you in preserving any data and/or other information in relation to your account prior to its termination.
      4. If you are utilizing a free trial of the Recurring Subscription and you cancel the said Recurring Subscription before the end of the free trial period, we will not charge you for the Recurring Subscription.
    4. Late Payments. BeyondFOMO may suspend all Services provided to Customer if Customer fails to pay any Fees when due. In addition, if any undisputed amount is not paid when due, BeyondFOMO may impose a late charge in an amount equal to one and one half percent (1 ½%) (or the maximum legal rate, if less) of the unpaid balance per month. In the event a payment is received by BeyondFOMO and is returned for insufficient funds or bank charges, Customer shall reimburse BeyondFOMO for all associated processing charges as well the late charge to the extent applicable. In the event that non-disputed payments are received late or returned by insufficient funds more than three (3X) times annually, BeyondFOMO may require that Customer establish a deposit and or pay with guaranteed funds. Customer will reimburse BeyondFOMO for all expenses BeyondFOMO incurs, including reasonable attorney fees, in collecting any amounts past due under this Agreement.
    5. Refunds. Except as otherwise provided herein or in the applicable Service Level Agreement, Customer shall not be entitled to any refund for any Services and/or Subscriptions purchased hereunder. Setup Fees are not refundable.

  8. Site Content

    1. No information, blog posts, press releases, write-ups, listings, prices, events, ICO data, photographs, pictures, graphs, charts, articles, news updates, budgets, forecasts, token swap, market values, project information, testimonials, reviews, status, team information of any company, advertisements, data, analysis, reports, media files, APIs, loyalty rewards, write-ups, and other content on our Site (collectively, “Site Content”), or our newsletters, electronic direct mails (EDMs), marketing materials, promotional updates, API updates, support patches, messages (via any channels), or other emails (collectively, “Updates”) that you may have viewed, subscribed to, or downloaded via our Site or Services, constitutes advice of any kind. This includes, but is not limited to, financial, trading, investment, insurance, legal advice, or any other form of advice that may require a license under applicable law. “Site Content” and “Updates” shall collectively be referred to as “Content.”
    2. The Content on our Site and Updates is intended to provide general information about our Company, our Services, our Subscriptions, our products, our loyalty rewards scheme, our APIs, our applications, and general data related to cryptocurrencies, tokens, coins, rankings, trade volume data, new ICOs, new coin launches, and other digital currency-related information. This information is for general knowledge only and should not be relied upon for any specific purpose by any entity or individual. We strongly advise conducting your own due diligence and consulting professional advice before engaging in any trades, investments, or swaps. Despite sourcing our Content and third-party products based on information believed to be reliable, we cannot warrant their accuracy or security.
    3. BeyondFOMO’s Services, including any APIs and third-party services/products such as token swaps and identification protection, are provided without direct or indirect warranties of any kind. The use of third-party services and/or products accessed through our Site is subject to the terms and conditions of those third parties. We encourage users to conduct their own verification and consult advisors to ensure the suitability and acceptability of these services/products. All use of our Site and/or Services, including third-party offerings, is at your sole risk.
    4. Our Content may feature information on third-party products and services, including ICOs and digital wallets like MetaMask. Mention of such third-party services does not imply endorsement or association. We make no warranties regarding the accuracy or currency of third-party information presented on our Site. Users are encouraged to perform their own checks before engaging with any third-party services or products mentioned on our Site.
    5. Content related to third-party companies seeking funding through ICOs is provided by the fundraisers themselves or sourced from public information. Listing these fundraisers does not imply our endorsement of their credibility or services.
    6. Links provided in our Content to fundraisers’ websites are for informational purposes only and do not constitute an endorsement of these entities.
    7. Our Content may include or link to external videos, podcasts, and other media related to digital currencies, accessible through services like YouTube. Access to such content requires agreement to the terms of service of the external platforms, such as the YouTube Terms of Service.
    8. Monetary figures in our Content may be converted using online currency conversion tools and are subject to fluctuation based on varying conversion rates.
    9. Content derived from non-English sources and translated into English may contain inaccuracies due to the limitations of translation tools. We assume no liability for any misunderstandings or inaccuracies in translations.
    10. Reviews and opinions expressed in our Content are those of the individual or third-party company and do not necessarily reflect the views of BeyondFOMO.
    11. We may offer trial services or features, which are subject to availability and may differ from those advertised.
    12. Promotional offers, trials, and discounts are subject to specific terms and conditions and are available for a limited time only.

  9. Community Generated Content

    1. Subject to the provisions of these Terms of Use, You are solely responsible for the material, information, data, files, images and graphics (“Community Content” or “Submissions”) you post, upload, input, submit or store on the Site. You may only submit Community Content to the Site or in connection with the Services that you have the right to submit. By posting, uploading, inputting, providing or submitting your Content you warrant, represent, and agree that you own or otherwise control all of the rights to your Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Community Content. Any Community Content that infringes the rights of any third party (e.g., content used without express permission of the copyright owner and not otherwise permitted by law) is prohibited and must not be submitted.
    2. BeyondFOMO assumes no liability or guarantee as to the content, legality, or quality of the Community Content posted by you.
    3. Any Community Content posted shall not be considered as financial advice, and you fully understand and agree that you shall solely bear the risks of using the information from such content.
    4. You acknowledge and agree that by using the Site and/or Service, you might be exposed to content that are harmful, disrespectful, irritating, offensive, inaccurate, misleading, or in any form inappropriate. The person or party (and not BeyondFOMO) is solely responsible for any and all Community Content posted on the Site by such person or party.
    5. BeyondFOMO may not prescreen, review or moderate all Community Content posted and shall not be liable of any of such content. Without limiting the foregoing, BeyondFOMO reserves the right in its sole and absolute discretion to remove any Community Content, without liability or the obligation to offer a refund, in any of the following events:
      1. If the Community Content is in breach of these Terms and/or the Community Rules.
      2. If we have received a complaint or notice of infringement in respect of the Community Content.
      3. If the Community Content is otherwise objectionable.
    6. Before posting any Community Content, you acknowledge and agree that you own or are licensed to the intellectual property rights in such content. If you know or suspect that other community-generated content have infringed your intellectual property rights, please report to us at contact legal@beyondfomo.com.
    7. By uploading, posting, inputting, providing, or submitting your Community Content to the Site, or its associated services, you agree to and hereby do grant, and you represent and warrant that you have the right to grant BeyondFOMO (its affiliated companies and necessary sublicensees) a worldwide, fully-paid, royalty-free, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such content (subject to our current Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Site and/or Services and to research and develop new products and services.
    8. No compensation will be paid with respect to the use of your Community Content as provided herein. BeyondFOMO is under no obligation to post or use any Community Content you may provide and may remove any Community Content at any time at BeyondFOMO’s sole discretion.

  10. Linking to the Site from Your Website

    1. You may place one or more links to the Site (collectively, the “Link”) on your own website (“Your Site”), provided that:
      1. The Link shall display only the following text: “BeyondFOMO” or “BeyondFOMO.com” or “Link to BeyondFOMO.com”;
      2. Your Site shall not contain any content that is unlawful, threatening, abusive, libelous, defamatory or otherwise inappropriate, as determined by us in our sole and absolute discretion;
      3. The look and feel of all content that accompanies the Link or is on the same page as the Link (for example, the entire article in which the Link appears, even if it is not all on the same page as the Link) shall not otherwise be of a nature that may damage or dilute the goodwill associated with BeyondFOMO’s name, reputation or any of its trademarks, trade names or service marks, as determined by BeyondFOMO in its sole and absolute discretion; and
      4. No content on Your Site shall contain any information that, in our sole and absolute discretion, may create the false impression that you, Your Site or any other website, service, person or entity is associated with, sponsored by or otherwise endorsed by BeyondFOMO, or that any activity engaged in by you or anyone else has been approved by BeyondFOMO.
    2. We may revoke our consent to a Link at any time in our sole and absolute discretion, without prior notice. If we notify you that you may no longer link to the Service, or to a page or document, you must promptly (and, in any event, within three (3) calendar days from the date of our notice) remove all affected Links from Your Site.

  11. Prohibited Activities

    1. In using the BeyondFOMO Site and Services, you agree not to:
      1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
      2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
      3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
      4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
      5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
      6. Make improper use of our support services or submit false reports of abuse or misconduct.
      7. Use the Site in a manner inconsistent with any applicable laws or regulations.
      8. Engage in unauthorized framing of or linking to the Site.
      9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
      10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
      11. Delete the copyright or other proprietary rights notice from any Content.
      12. Attempt to impersonate another user or person or use the username of another user.
      13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
      14. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
      15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
      16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
      17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
      18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
      19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
      20. Use a buying agent or purchasing agent to make purchases on the Site.
      21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
      22. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

  12. Third-Party Websites

    1. The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
    2. For clarification, some of our third-party links are “affiliate links.” “Affiliate links” refer to third-party links on our Site pursuant to which our Company may receive compensation from the referenced third party, which may be in the form of tokens, digital currency, fiat currency, services, or products from such affiliated third parties. Such compensation to our Company may be provided even if you do not click on the affiliate links, and/or additional compensation may be provided if you do click on such affiliate links or take any further action in relation to such affiliate links (for example, signing up on the affiliate’s website or using the affiliate’s application).
    3. Our Company hereby disclaims any and all scams, frauds, and other non-genuine services or products that may be displayed in any advertisements, banners, or podcasts displayed on our Site (even if such displayed services or products are from affiliated third parties). Our Company is careful about the advertisement placements that it accepts and the podcasts that it displays, however, it is not possible for us to check and verify the authenticity or legality of each advertiser, advertisement, podcaster, podcast content, product, or service that is advertised with our Company. As such, you agree that you will conduct your own due diligence and checks, as well as accept all risks thereto, should you in your own voluntary discretion purchase, redeem, subscribe, or sign on for any products or services advertised, or opined on, by third parties (including affiliated third parties) on our Site.
    4. BeyondFOMO employs cookies, action tags, dynamic device identifiers, and other legal technological means to anonymously record your site access. These technologies are used to enhance your browsing experience and improve our services. For more details on how we use these technologies, please refer to our Privacy Policy.
    5. FOR THE AVOIDANCE OF DOUBT, AT ALL TIMES, YOU AGREE THAT BEYONDFOMO WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICES, FOR ANY DEALINGS OR COMMUNICATIONS YOU MAY HAVE WITH THIRD PARTIES, OR FOR ANY HARM, DAMAGES, OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY OF THE FOREGOING OR YOUR USE OF OR RELIANCE ON THE MATERIALS OR THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

  13. Loyalty Program and Rewards

    1. Without limiting the generality of the provisions under Section 8(A) above, part of our Site Content includes information on and the availability of a loyalty rewards scheme (“Loyalty Program”) currently known as “Entries and FOMOS” (or such other name as we may choose in the future), designed to reward our loyal users. Participation in the Loyalty Program is subject to its own set of terms and conditions, which govern the accrual of points, redemption processes, and eligibility for rewards and promotions.
    2. For detailed information on the Loyalty Program, including how to participate, earn points, and redeem rewards, please refer to the Loyalty Program Terms and Conditions.
    3. BeyondFOMO reserves the right to modify, suspend, or discontinue any aspect of the Loyalty Program at our discretion. This includes changes to the rules, rewards, and redemption options. All aspects of the Loyalty Program, including rewards and promotions, are provided “AS IS” without warranty of any kind.

  14. Affiliate Program

    1. Without limiting the generality of the provisions under Section 12 above, we offer an Affiliate Program for qualified individuals or entities interested in promoting BeyondFOMO in exchange for commission on referrals. Participation in the Affiliate Program is subject to a separate Affiliate Agreement, which outlines the specific terms, conditions, and obligations of affiliate partners.
    2. By participating in the Affiliate Program, you agree to be bound by the terms of the Affiliate Agreement, in addition to the terms outlined in this document. If you are not willing to accept these terms, you must not participate in the Affiliate Program.

  15. Feedback

    1. We welcome and value your feedback, comments, and suggestions (“Feedback”). By providing Feedback to BeyondFOMO, whether through email, postings on our Site, or other means, you agree that all Feedback will be treated as non-confidential and non-proprietary. We reserve the right to use, publish, or disseminate any Feedback, without any attribution or compensation to you, any ideas, concepts, know-how or techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to enhancing the Service, or otherwise developing, manufacturing, licensing, marketing and selling products and services based on or containing such Feedback. By submitting Feedback, you assign all rights, including copyright, to BeyondFOMO and waive any moral rights you may have in such Feedback.
    2. Please be aware that you are solely responsible for any feedback, comments, or suggestions (“Feedback”) you provide to BeyondFOMO, whether through email, postings on our Site, or other means. It is imperative that your Feedback does not contain any content that could be considered libelous, scandalous, defamatory, offensive, seditious, misleading, misrepresentative, abusive, or infringing on anyone’s rights, especially considering such Feedback may be published publicly on our Site, in our Updates, or through other channels, potentially without your prior knowledge.
    3. By submitting Feedback, you agree to fully indemnify and hold harmless BeyondFOMO, its affiliates, and their respective employees, agents, officers, directors, and shareholders (collectively, “the Company”) against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, that the Company may incur as a result of your Feedback. This includes, but is not limited to, liability arising from third-party claims, legal actions, settlement amounts, fines, penalties, and law enforcement actions attributable directly or indirectly to the content of your Feedback.
    4. Furthermore, you undertake to indemnify, defend, and hold the Company harmless from and against any claims, demands, liabilities, damages (both direct and indirect), losses, costs, and expenses, including legal fees on a solicitor-client basis, that may arise from any dispute or litigation involving another user of our Site or any third party related to or arising out of your Feedback. This indemnification obligation covers, without limitation, any damage to reputation, loss of opportunities, and other intangible losses, in addition to any direct financial impacts.
    5. By providing Feedback, you acknowledge and agree to these terms, accepting full responsibility for the content of your Feedback and its consequences.

  16. License

    1. You must only use the Site, Services and Content as expressly permitted by these Terms. All rights not expressly granted to you are reserved by BeyondFOMO, its third-party providers and other respective owners, if any.
    2. BeyondFOMO provides content through the Site and Services that is copyrighted and/or trademarked work of BeyondFOMO or BeyondFOMO’s third-party licensors and suppliers. You acknowledge that the Site and Services has been developed, compiled, prepared, revised, selected and arranged by BeyondFOMO and such third parties through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property of BeyondFOMO and such others. Accordingly, you shall protect the proprietary rights of BeyondFOMO and all others having rights in the Services during and after the term of these Terms and comply with all written requests made by BeyondFOMO to protect its and others’ contractual, statutory, and common law rights in the Services.
    3. Subject to these Terms, and your compliance with these Terms, BeyondFOMO hereby grants you a limited, personal, non-exclusive, non-sublicensable, and non-transferable license to access and use the Site, Services and Content solely for your personal, non-commercial use. Unless you enter into a separate agreement with BeyondFOMO for commercial use, you are not permitted to use the Site, Services or any Content for any commercial purposes. This license does not include any right to (a) sell, resell, or commercially use our Content or Service; (b) distribute, publicly perform or publicly display any Content; (c) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof; (d) use any data mining, robots, or similar data gathering or extraction methods; (e) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us; and (f) use the Site, Services or Content other than for their intended purposes.
    4. If you breach any of these Terms, the above license will terminate automatically.

  17. Intellectual Property

    1. Subject to these Terms, you may view, print and make copies of Content for your own personal use. You shall not, copy, reproduce, download, “screen scrape”, store, transmit, broadcast, publish, modify, create a derivative work from, display, perform, distribute, redistribute, sell, license, rent, lease or otherwise use, transfer (either in printed, electronic or other format) or exploit any Content, in whole or in part, in any way that does not comply with these Terms without our prior written permission from BeyondFOMO.
    2. As between BeyondFOMO and you, all Content is owned or controlled by BeyondFOMO. BeyondFOMO, its logo, and, except as noted below, all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of BeyondFOMO or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BeyondFOMO or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of BeyondFOMO and may not be copied, imitated, or used, in whole or in part, without the prior written permission of BeyondFOMO.
    3. All other trademarks, registered trademarks, product names, Fundraisers’ names and company names or logos mentioned on our Site and Site Services, in our Content and our Updates are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by BeyondFOMO.
    4. Nothing contained in these Terms grants you any interest in any of BeyondFOMO’s or any third-party’s intellectual property.
    5. The use or misuse of BeyondFOMO’s trademarks or other intellectual property, except as expressly permitted by these Terms, is prohibited. You shall promptly notify BeyondFOMO if you know or suspect that any of BeyondFOMO’s or its providers’ intellectual property rights has been violated or infringed.
    6. “BeyondFOMO” and all related logos, trademarks, service marks and trade names are solely the property of BeyondFOMO. The absence of a name, logo or other mark herein does not constitute a waiver of any and all intellectual property rights that BeyondFOMO has established. Other trademarks, names or logos used on the Website are property of their respective owners. You are not authorized to use any of the foregoing.
    7. You acknowledge that BeyondFOMO and/or its providers own the copyright in and to all Content under the applicable laws (including copyright laws and other intellectual property laws), and have reserved all rights in and to such Content.
    8. To request permission to use any Content other than as expressly permitted in these Terms, please contact legal@beyondfomo.com.

  18. Disclaimers and Limitation of Liability

    1. YOUR USE OF OUR SITE, OUR SERVICES, OUR CONTENT, AND OUR UPDATES, AS WELL AS YOUR VIEWING, DOWNLOADING OF CONTENT (INCLUDING BUT NOT LIMITED TO APIs SUCH AS THE BEYONDFOMO VIDEOS ON YOUTUBE AND BEYONDFOMO API), IS AT YOUR OWN DISCRETION AND RISK. OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE QUALITY, ACCURACY, UPDATENESS, NON-OMISSIONS, CONTINUED ACCESSIBILITY, CLARITY, RESOLUTION, NON-INTERRUPTEDNESS, SPEED, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), CORRECTNESS OF FINANCIAL DATA AND TRADING VOLUME, TRADING RETURNS, ACCURACY OF TOKEN SWAPS, SECURITY OF TRANSACTIONS, PROJECTED INVESTMENT/SUBSCRIPTION RETURNS, FAILED ENCRYPTION OR FAILURE TO ENCRYPT, DATA CORRUPTION, QUALITY OR QUANTITY OF REDEMPTION REWARDS, THE ACTS OR OMISSIONS OF OTHER USERS OF OUR SITE, OR RELIABILITY OF OUR SITE, OUR SITE SERVICES, OUR CONTENT OR OUR UPDATES, INCLUDING BUT NOT LIMITED TO THEIR SAFETY OR SECURITY, FREEDOM FROM COMPUTER VIRUSES, WORMS, TROJAN HORSES, AND FULLPROOF SECURITY AGAINST THIRD PARTY HACKERS.
    2. OUR COMPANY MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES (EXPRESS OR IMPLIED) OR PROMISES ABOUT THE CORRECTNESS OF OUR CONTENT OR SITE SERVICES, THAT ANY ERRORS IN ANY PART OF OUR CONTENT OR SITE SERVICES WILL BE CORRECTED, THAT RESOLUTIONS WILL BE ENHANCED, MERCHANTABLITY, QUALITY, TIMELINESS OF DELIVERY, USABILITY, CONTINUED AVAILABILITY OF REDEMPTION AWARDS, AVAILABILITY OF LOYALTY POINTS, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF WE HAVE BEEN INFORMED IN ADVANCE OF SUCH PURPOSE), SUITABILITY FOR SPECIFIC VIEWING REQUIREMENTS, RETURNS ON INVESTMENTS, CREDITWORTHINESS, FINANCIAL STATUS, QUALITY OF SERVICES/PRODUCTS OF FUNDRAISERS, SECURITY OF TOKEN SWAPS, MARKET VALUE ACCURACY, ACCURACY OF FINANCIAL INFORMATION (INCLUDING PROJECTIONS, BUDGETS AND FORECASTS), ACCURACY OF CREDIT CHECK RESULTS, RATINGS AND OTHER DUE DILIGENCE REPORTS, THE ACTS OR OMISSIONS OF OTHER USERS OF OUR SITE, NON-INFRINGEMENT OR RELIABILITY OF ANY WRITE-UPS, PRODUCTS OR SERVICES DISPLAYED ON OUR SITE, OUR CONTENT, OUR SITE SERVICES AND/OR IN OUR UPDATES. YOU, AT YOUR OWN VOLITION AND DISCRETION, USE OUR SITE SERVICES, ACCESS OUR CONTENT, ENTER INTO SUBSCRIPTIONS, SIGN-UPS AND/OR ENTER INTO OTHER TRANSACTIONS VIA OUR SITE AFTER HAVING DONE YOUR OWN DUE DILIGENCE CHECKS AND WITH DUE CONSIDERATION, AND THEREFORE ALL SUBSCRIPTIONS, SIGN-UPS, AND/OR OTHER TRANSACTIONS ARE AT YOUR SOLE RISK AND VOLUNTARY ASSUMPTION OF LIABILITY.
    3. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, SERVICES, CONTENT AND/OR UPDATES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, SERVICES, CONTENT AND/OR UPDATES; (III); AND/OR (IV) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
    4. FOR THE AVOIDANCE OF DOUBT, AT ALL TIMES, OUR COMPANY ACTS PRIMARILY AS AN INFORMATION SERVICE PROVIDER WITH ANCILLARY SERVICES SUCH AS DECENTRALIZED TOKEN SWAPS, AND NEVER AS A SALES REPRESENTATIVE, TRADING BROKER, INTERMEDIARY, AGENT, PRINCIPAL, FINANCIAL ADVISOR, EXCHANGE, BROKERAGE, CLEARING HOUSE OR TRADING PLATFORM OF ANY KIND OR CAPACITY FOR WHICH A LICENSE FROM THE UNITED STATES MAY BE REQUIRED. WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING, THE AVAILABILITY OF COIN PURCHASE AND TOKEN SWAPPING FUNCTIONALITIES ON OUR SITE DOES NOT RENDER OUR SITE A TRADING PLATFORM FOR SECURITIES AS ONLY SELECTED CRYPTOCURRENCY AND TOKENS (WHICH DO NOT CONSTITUTE SECURITIES AS DEFINED IN THE SECURITIES ACT OF 1933 AND THE SECURITIES EXCHANGE ACT OF 1934, ALONG WITH ASPECTS OF THE COMMODITY EXCHANGE ACT) CAN BE SWAPPED IN A DECENTRALIZED MANNER. ACCORDINGLY, NO INFORMATION IN OUR CONTENT IS TO BE REGARDED AS AN OFFER, SOLICITATION, OR AN INVITATION TO TREAT BY OUR COMPANY. NOTHING IN OUR CONTENT CONSTITUTES ANY ADVICE OR RECOMMENDATION TO SUBSCRIBE TO ANY PARTICULAR ICO OR FUNDRAISER, TRADE IN ANY DIGITAL COINS, PURCHASE ANY TOKENS OR PERFORM ANY TOKEN SWAPS. SHOULD YOU WISH TO SUBSCRIBE TO ANY PARTICULAR ICO, PLEASE CONTACT THE RELEVANT FUNDRAISER DIRECTLY. SIMILARLY, SHOULD YOU WISH TO TRADE IN ANY SPECIFIC COINS, PLEASE CONTACT YOUR BROKER OR TRADE VIA THE RELEVANT COIN EXCHANGE PLATFORMS ACCORDINGLY. IF YOU WISH TO CONDUCT A DECENTRALIZED TOKEN SWAP USING ANY OF OUR THIRD PARTY PROVIDED/HYPERLINKED TOKEN SWAP FUNCTIONALITIES, PLEASE CONDUCT YOUR OWN CHECKS (INCLUDING THE THIRD PARTY’S TERMS AND CONDITIONS) TO SATISFY YOURSELF THAT YOUR INTENDED SWAP SHOULD BE PERFORMED BEFORE SO DOING. ACCORDINGLY, YOU AGREE THAT OUR COMPANY BEARS NO LIABILITY WHATSOEVER TO YOU IN RELATION TO ANY SUBSCRIPTION, PRODUCT (INCLUDING COIN) PURCHASE, TRADE OR SWAP THAT YOU CARRY OUT AT YOUR SOLE RISK AND DISCRETION.
    5. YOU ARE STRONGLY ENCOURAGED TO CONDUCT YOUR OWN DUE DILIGENCE CHECKS AND PROCURE YOUR OWN PROFESSIONAL ADVICE BEFORE SUBSCRIBING, TRADING, PURCHASING, USING OUR BEYONDFOMO API, SWAPPING ANY TOKENS, OR ENTERING INTO ANY TRANSACTIONS DUE TO USE OF OR ACCESS TO OUR SITE. YOU SHOULD ONLY ENTER INTO ANY TRANSACTION AFTER DUE AND CAREFUL CONSIDERATION, UNDERSTANDING THE RISKS, AND HAVING CONSIDERED WHETHER YOU ARE ABLE TO BEAR SUCH RISKS OF LOSSES. IT IS THEREFORE IN YOUR TOTAL AND SOLE DISCRETION AS TO WHETHER TO USE ANY OF OUR SITE SERVICES, SWAP, TRADE, PURCHASE AND/OR SUBSCRIBE TO ANY ICOS OR FUNDRAISERS LISTED ON OUR SITE. YOU ARE AT NO TIME UNDER ANY DURESS FROM OUR COMPANY, FUNDRAISERS AND/OR ANY OTHER USERS OF OUR SITE TO TRADE, SWAP, PURCHASE, SUBSCRIBE AND/OR ENTER INTO ANY TRANSACTIONS. THEREFORE, YOU AGREE THAT YOU VOLUNTARILY ASSUME ALL RISKS AND FULL LIABILITY IN ALL YOUR TRANSACTIONS, AND UNDERTAKE THAT YOU SHALL NOT HOWSOEVER HOLD OUR COMPANY LIABLE OR RESPONSIBLE WHATSOEVER IN THE EVENT OF ANY DAMAGES OR LOSSES SUFFERED, INCLUDING BUT NOT LIMITED TO LOSSES THAT YOU MAY SUFFER DUE TO MISREPRESENTATION, NEGLIGENT INFORMATION OR FRAUDULENT ACTS OF ANY FUNDRAISERS.
    6. IN NO EVENT SHALL BEYONDFOMO (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOST PROFITS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO OR USE OF THE SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SERVICES, PRODUCTS, CONTENT AND UPDATES OBTAINED THROUGH THE SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO OR USE OF THE SITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF BEYONDFOMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    7. IN NO EVENT SHALL BEYONDFOMO (AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, AND AFFILIATES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN EXCESS OF US$50.00. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ACCORDINGLY, YOU AGREE THAT UPON RECEIPT OF US $50 FROM BEYONDFOMO, YOU WILL WAIVE ALL RIGHTS AGAINST BEYONDFOMO AND WILL MAKE NO FURTHER CLAIMS WHATSOEVER AGAINST BEYONDFOMO.
    8. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  19. Indemnification

    1. Except to the extent prohibited under applicable law, you shall indemnify, defend and hold harmless BeyondFOMO and its members, managers, directors, officers, employees, partners, consultants, contractors, service providers, agents, affiliates, successors and assigns from and against any and all suits, actions, proceedings and claims by third parties (whether threatened or actual), and all losses, liabilities, damages, judgments, costs and expenses (including reasonable legal fees) arising out of, relating to or in connection with: (i) your violation of any of these Terms; (ii) your use (or misuse) of and access to the provisions herein this Site Terms of Use, our Privacy Policy, Risk Disclosure, Fraud Warning Disclaimer, Entries and FOMOS (Loyalty Rewards) Disclaimer, any applicable API Terms of Service, Affiliate Agreement, Listing Terms & Conditions, and any Community Rules, any other service provisions of the Agreement, your use of our Site, our Site Services, our Content and/or Updates; (iii) your violation of any applicable law, rule or regulation; (d) any claim that any information provided by you to BeyondFOMO in connection with the Site, including the Services, Content and/or Updates, caused damage to, infringed upon, misappropriated or otherwise violated the rights of any third party, including infringement, misappropriation or other violation of third-party intellectual property rights, or violation of any right of privacy or publicity; and/or (iv) any dispute that you have with any third party relating to or in connection with the Site, Services, Content or Updates. BeyondFOMO reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BeyondFOMO in asserting any available defenses and in the conduct of such defense.

  20. Enforcement

    1. The remedies available to BeyondFOMO in these Terms are cumulative and in addition to any others available to BeyondFOMO. BeyondFOMO may seek all remedies available to it at law and in equity for any violation of these Terms. BeyondFOMO may suspend, terminate or block your access to the Site (in whole or in part) for any violation or suspected violation as we determine, without notice to you. Your violation of these Terms shall be considered a breach of contract.
    2. We reserve the right, but do not assume any obligation, to investigate any suspected violation of these Terms or any misuse of the Site, Services and/or Content. You are required to cooperate with any such investigations. In addition, we further reserve the right to report any activity, data or persons to, and otherwise cooperate with: (i) law enforcement authorities; (ii) financial regulators, including the U.S. Securities and Exchange Commission (SEC); (iii) system administrators at Internet service providers, networks or computing facilities; and (iv) providers and/or third-party vendors if we suspect that you have violated these Terms or any law, rule or regulation. You acknowledge that such reporting or cooperation may include, without limitation, providing information relating to you and/or your use of the Site, including without limitation your email address, IP address or other identifying information, to law enforcement authorities, financial regulators, third-party providers, vendors or system administrators. Further, we may disclose any information we think necessary to comply with applicable law, regulation, subpoena or other legal process or governmental or regulatory request.

  21. Governing Law; Submission to Jurisdiction

    1. These Terms and any and all claims, disputes or other legal proceedings by or between you and us, including but not limited to any claims or disputes that are in any way related to or arising out of these Terms or your use of or access to the Site, Services and/or Content, shall be governed by and construed in accordance with U.S. federal law and the laws of Florida, without regard to any principles of conflicts of law. You agree that any action arising out of, relating to or in connection with the Site, and/or these Terms shall be litigated solely in a state or federal court of competent jurisdiction located in Florida, and you further irrevocably submit to the exclusive jurisdiction of such court and waive any objection to jurisdiction and venue (including on the basis of forum non-conveniens).
    2. You acknowledge that any breach of either of the sections above titled “Prohibited Activities” or “Ownership and Intellectual Property” would cause immediate and irreparable harm to BeyondFOMO, for which monetary damages would not be sufficient, and that, in addition to all other remedies available to BeyondFOMO at law or in equity, BeyondFOMO shall be entitled to seek injunctive relief without proof of damages or the posting of bond or other security in the event of such a breach or threatened breach.

  22. Updates and Modifications

    1. You acknowledge your responsibility to regularly review our Website Terms of Use, Privacy Policy, Risk Disclosure, Fraud Warning Disclaimer, Entries and FOMOS (Loyalty Rewards) Disclaimer, any applicable API Terms of Service, Affiliate Agreement, Listing Terms & Conditions, and any Community Rules to stay informed of any updates or modifications.
    2. We reserve the right, at our sole discretion, to amend any provision of this Agreement, including these Terms of Use, at any time without prior notice. We will endeavor to notify you of such amendments through the Website or via email. It is your responsibility to regularly review the updated terms of the Agreement on our Site. Any such change(s), amendment(s) or modification(s) will take effect on the date specified in the relevant notice (the “Latest Version”). By continuing to use any aspect of our Site and/or any Services after the amendment Effective Date, you accept and agree to be bound by all such amendments. If you do not agree to the Agreement, or any future amendments, you must cease all access and use of our Site, Services, Subscriptions and any other products or services provided by BeyondFOMO immediately.
    3. We reserve the right, at our sole discretion, to modify, suspend, or discontinue, temporarily or permanently, the Website and/or Services (or any part thereof) at any time and without prior notice, even if you have a registered account with us. This includes the right to remove, add, or change features, functionality, and content offered through the Website. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
    4. Some of our Services may incorporate or require the use of third-party products and services. Your use of such third-party products and services is subject to their respective terms and conditions and privacy policies. It is your responsibility to review these third-party terms regularly to ensure their acceptability before you use such services. For clarity, all coin, token, or digital currency swap and exchange functions accessible through or linked from our Website are provided “as is” by third parties. BeyondFOMO does not directly process such swaps or exchanges and is not the custodian of any e-money, stored value, digital coins, or tokens.

  23. General

    1. These Terms (and any other terms or agreements referenced herein), constitute the entire agreement between you and BeyondFOMO relating to your use of the Site, Services and/or Content and supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and BeyondFOMO with respect to the Service. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    2. You agree that no joint venture, agency, partnership, or employment relationship exists between you and BeyondFOMO and/or its affiliates as a result of these Terms or use of the Service.
    3. In no event shall BeyondFOMO be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, pandemics, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
    4. Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Site or information provided to, or gathered by, us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Service within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
    5. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BeyondFOMO without restriction. Any attempted transfer or assignment by you in violation hereof shall be null and void.
    6. If any provision of these Terms, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, is determined to be invalid or unenforceable under applicable law, the invalid or unenforceable provisions in these Terms shall be deemed superseded by valid and enforceable provisions that, to the extent possible, fulfill the business purposes and intent of such invalid and unenforceable provisions.
    7. In addition to and without limiting the preceding paragraph, some jurisdictions may provide rights in addition to those provided in the above “Disclaimers and Limitation of Liability” section or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the limitations set forth in the above Disclaimer and Limitation of Liability section may not apply to you in whole or in part or there may be state or country specific provisions that supersede such limitations in whole or in part. Any provision of the above Disclaimer and Limitation of Liability section that is declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder.
    8. Any heading or section title contained herein is for convenience of reference only and shall not affect the meaning or interpretation of these Terms. The terms “include” and “including” are deemed to include the phrase “without limitation” immediately thereafter.
    9. These Terms of Use have been drafted in English. While we may provide translations for convenience, in the event of any discrepancy, the English version shall prevail. The parties agree that these Terms and all related documents shall be interpreted in English.
    10. Unless expressly provided to the contrary in these Terms, a person who is not a party to these Terms has no rights at law and in equity to enforce or enjoy the benefit of any term in these Terms.
Sign in
Sign up
OR
OR
X

Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged. It was popularised in the 1960s with the release of Letraset sheets containing

Continue
No