Terms & Condition of A FU Company
Welcome to the afucompany.it website
September 2023 (WIP)
A FU Company, (“AFUC,” “we,” “us,” “our”) provides its marketplace and services (described below) to you (“you” or “User") through its website, platform, and marketplace located at www.afucompany.it (the “Platform”), subject to the following Terms of Service (as amended from time to time, the “Terms”). By signing up for an account on the Platform or otherwise using or accessing the Platform, you acknowledge that you have read and agree to these Terms. The Privacy Policy. and all such additional terms, guidelines, and rules as set forth on the Platform are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by the User.
Please read these Terms and Conditions carefully before using the website. This document establishes the rights and obligations between you ("User") and AFUC.
Acceptance of the Terms
Acceptance of Conditions
Upon registration, the User agrees to all the conditions set forth in this document. The User agrees to provide accurate, up-to-date, and complete information during the registration process.
Changes to the Terms
AFUC reserves the right to modify these Terms at any time. Any changes will be notified on the website or sent via email to registered Users.
Digital Art
Meaning of FU
FU, short for "Fuck you," is the message that every artwork by AFUC aims to convey as an expression of artistic criticism and dissent, discomfort and understanding, relief and liberation, irony and self-irony. It is important to emphasize that within the artistic context of AFUC, FU and the middle finger gesture are symbols employed with these intentions (read the "Fulosophy" for more details) to inspire, stimulate reflection, and allow the expression of one's point of view. Intentions of offense, defamation, bullying, hate speech, intolerance, racism, and antisemitism are prohibited.
Responsibility
AFUC does not endorse or promote offensive use of digital art and cannot be held responsible for how buyers or site visitors choose to interpret or use the published works.
NFT
"Digital Artwork," "MOODFU," and "FU" ("Digital Artwork") on the Platform refer to non-fungible Ethereum-based tokens that use smart contracts on the Ethereum blockchain ("Smart Contracts") or on Polygon as a "layer two" or "sidechain" of the Ethereum blockchain, and on Binance Smart Chain (BSC) as a fork of Ethereum. The Ethereum blockchain provides an immutable ledger of all transactions that occur on the blockchain. This means that all Digital Artwork is outside the control of any one party, including AFUC, and is subject to risks and uncertainties. We neither own nor control MetaMask, Coinbase, the Ethereum network, the smart contracts on which Collections (as defined below) are based ("Collection Smart Contracts"), your browser, or any other third-party site, product, or service that you might access, visit, or use to enable the use of the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. You understand that your Ethereum public address will be made publicly visible whenever you engage in a Transaction on the Platform.
The administrator is not responsible for any issues or risks associated with the use of such services or the display of the User's Ethereum address in transactions. The User uses such services and shares the Ethereum address at their own risk.
Service Description
AFUC provides the following services:
NFT Publication: the website allows authors to publish their NFTs (Non-Fungible Tokens) subject to approval by the site administrator. The administrator reserves the right to evaluate and approve the publication of NFTs based on established criteria.
NFT Buying and Selling: users can buy NFTs published on the website and resell them at a price of their choosing. The website facilitates transactions between buyers and sellers and charges a fee for each transaction made.
Sending NFTs to Other Users: Buyers can generate new NFTs when they send a MOODFU purchased to other users. who will receive an invitation via email, Twitter, or Mastodon to redeem it. The NFTs generated and redeemable through email, Twitter, or Mastodon, in turn, become NFTs available on the marketplace for buying and selling. Users who send the NFTs are referred to as "Futters," while those who receive them are referred to as "Futted."
Redemption and Ownership of NFTs: “Futted” users can redeem the NFTs received on the website for free, thereby becoming the rightful owners of the NFTs
The conditions of the services offered are further described in detail in the section "User Roles and NFT Operations
The use of the website, publication, purchase, resale, and redemption of NFTs places the responsibility for any associated risks on the user. The website and its owners assume no responsibility for any direct, indirect, consequential, incidental, or special damages arising from the use or participation in website activities.
Registration, Password, and Wallet
Registration
Anyone can browse the Platform without registering for an account. You may be required to register with AFUC to access and use certain features on the Platform, such as participating as a Creator/Author and sending FUs. If you choose to register for the Platform, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be at least 13 years old to register for an account as a Creator and at least 18 years old to place a bid on any Digital Artwork.
Password Responsibility
The User is responsible for the security and confidentiality of his password and account. The User agrees to keep the password safe and not share account information with unauthorized third parties. You agree to
(a) immediately notify AFUC of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session when accessing the Platform. AFUC will not be liable for any loss or damage arising from your failure to comply with this section.
Wallet Connection
To participate as a Creator or Collector on the Platform, you must connect your AFUC account to your digital wallet supported on MetaMask, WalletConnect, Coinbase, or other wallet extensions or gateways allowed on the Platform ("Digital Wallet"). These digital wallets allow you to purchase, store, and engage in transactions using the native Ethereum, ETH, MATIC, or BNB cryptocurrencies based on the Blockchain Network URL you are connected to. Transactions on the Platform can be done via ETH, BNB, and MATIC cryptocurrencies
User Roles and NFT Operation
User Roles
Users are described with different roles on afucompany.it based on the operations they perform.
The Creator/Artist
Users can create Digital Artwork to be published on AFUC. Such users are referred to as "Creators/Authors" of Digital Art-NFTs. The Creator, to publish any Digital Artwork on the platform, needs to comply with the Fulosophy and be aware that his Digital Artworks can be used to send a FU to somebody. The administrator reserves the right to evaluate and approve the artworks to be published on the platform.
Digital Artworks become the property of AFUC and can be sold in accordance with these Terms.
The Creator acknowledges, understands, and agrees that selling such Digital Artwork on the Platform constitutes an express representation, warranty, and covenant that the Creator:
(a) has not sold, tokenized, or created another cryptographic token,
(b) will not sell, tokenize, or create another cryptographic token, or cause another to do so, representing a digital collectible for the same Art Content underlying such Digital Artwork, and
(c) will not make any erroneous or misleading statements regarding any Digital Artwork, Art Content, Collections, or Collection Content (including in connection with any sales thereof).
By launching any Digital Artwork on the Platform, the Creator hereby expressly and affirmatively grants it to the Collector and, to the extent applicable, any subsequent Collector in a secondary sale.
The marketplace owner will be able to set a listing fee. This fee will be taken from the seller and transferred to the contract owner upon completion of any sale, enabling the owner of the marketplace to earn recurring revenue from any sale transacted in the marketplace.
The Creator represents and warrants that its Art Content underlying any Digital Artwork launched on the Platform contain only original content otherwise authorized for use by the Creator and do not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Creator, not authorized for use by the Creator, not in the public domain, or otherwise without a valid claim of fair use. The Creator further represents and warrants that it has permission to incorporate the unoriginal content, to the extent such permission is legally required.
The Collector
Users can buy and sell Digital Art-NFTs on the website using the ETH (Ethereum), BNB (Binance Coin), and MATIC (Polygon) cryptocurrencies. Each transaction will involve a fee as determined by the website. Users can resell the NFTs purchased on the platform at a price of their choosing. The platform facilitates resale transactions, ensuring the security and transparency of the operations. Such users are referred to as "Collectors/Buyers/Sellers" of Digital Art-NFTs.
The Collector receives a cryptographic token representing the Creator's Art Content as a piece of property. The Collector may display and share the Art Content but does not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Art Content, except for the limited license to the Art Content granted by these Terms.
Upon legally collecting and obtaining ownership of any Digital Artwork launched on the Platform the Collector receives from the seller of such Digital Artwork a limited, worldwide, non-assignable and non-transferable (except as expressly set forth below), non-sublicensable, royalty-free license to display the Art Content underlying such Digital Artwork solely for the Collector's non-commercial purposes, including the right to display such Art Content privately or publicly: (i) for the purpose of promoting or sharing the Collector's purchase of, ownership of, or interest in such Digital Artwork, (ii) for the purpose of sharing, promoting, discussing, or commenting on such Art Content, (iii) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments, and (iv) minting/performing a new Art Content based on the existing Art Content as FU via a post on social media. Upon any sale or transfer of the Digital Artwork to another user, such other user will be deemed the "Collector" and will be subject to these Terms, and the seller or transferor of such Digital Artwork will cease to have any further rights to such Art Content.
The Futter
Collector can "Send FU" (using Digital Artwork purchased on the Platform) to third-party users. Such users are referred to as "Futters." Futters have the same rights given to Creators. Additionally:
Allowed Use: The Futter user is responsible for the proper use of the NFT sent to third-party users. The Futter user agrees not to use the NFT for unlawful purposes or purposes not permitted by law.
Responsibility: The Futter user understands that once the NFT is sent to third- party users, the platform administrator cannot control or intervene in the actions or transactions carried out by the receiving users. Therefore, the Futter user is fully responsible for the consequences arising from sending the NFT, including any claims or disputes regarding the use of the digital artwork's content.
Recipients: The Futter user takes responsability for sending the NFT to third-party users and complies with privacy and personal data protection regulations.
Compliance with Terms of Use: The Futter user agrees to comply with all platform terms of use regarding the sending of NFTs to third-party users. This includes adhering to usage policies, content restrictions, and security provisions established by the platform.
Messages contained in NFTs: he text contained in email, Twitter or Mastodon messages accompanying the NFTs are not the responsibility of the website administrator. Users are required to comply with applicable laws and refrain from disseminating illegal or inappropriate content.Number of FU: The number of messages the Futter can send depends on the time of purchase. The first time the #MOODFU is bought, the system allows sending the number of FU associated with the #MOODtype of the artwork. In subsequent purchases, the number corresponds to the unused FUs from the previous buyer.
The Futted
Users who receive an FU and decide to redeem it must register on the website and accept the corresponding "Terms and Conditions." Such users are referred to as "Futted." Futted users have the same rights given to Collectors. Additionally:
Ownership of the NFT: The user who receives the NFT becomes the rightful owner of the digital artwork's content represented by that NFT
Use of the NFT: As the rightful owner of the NFT, the user has the right to view, share, and, if permitted, use the digital artwork's content represented by the NFT in accordance with the conditions established by the website's 'Terms and Conditions.'
Transaction Fee Payment:: To complete the NFT redemption process, the user is required to pay a transaction fee. The user agrees to make such payment in accordance with the methods and fees established by the website. It is important to carefully read the information regarding the transaction and associated fees before proceeding with the NFT redemption
Compliance with "Terms and Conditions: The user who redeems an NFT agrees to comply with all provisions contained in the website's "Terms and Conditions." This includes adherence to usage policies, content restrictions, and conduct rules established by the website. The user agrees to use the NFT and the website in accordance with these conditions, avoiding any unlawful or unauthorized behavior
Platform
AFUC provides the following services:
Modifications to the Platform: AFUC reserves the right to modify or discontinue the Platform (or any part thereof) temporarily or permanently, with or without notice. You agree that AFUC will not be liable to you or any third party for any modification, suspension, or discontinuation of the Platform.
Lawful Use: Users agree to use the website in compliance with all applicable laws, regulations, and rules, as well as to respect the rights of other Users and the website administrators
Sending NFTs to Other Users: Buyers can generate new NFTs when they send a MOODFU purchased to other users. who will receive an invitation via email, Twitter, or Mastodon to redeem it. The NFTs generated and redeemable through email, Twitter, or Mastodon, in turn, become NFTs available on the marketplace for buying and selling. Users who send the NFTs are referred to as "Futters," while those who receive them are referred to as "Futted."
Restrictions on Platform Use: User agree not to engage in the following actions
Upload, publish, or share content that infringes upon the rights of third parties, including copyright, trademarks, trade secrets, or other intellectual property rights
Use the website for illegal purposes or to promote illegal activities.
Upload, publish, or share defamatory, offensive, abusive, threatening, or harmful content towards other Users or third parties.
Violate the privacy of other Users or collect personal information without their consent.
Interfere with the proper functioning of the website or with other Users' access to the website.
Use automated programs or scripts to interact with the website without the authorization of the website administrators.
Email, Twitter and Mastodon Accounts
User understand and agree that the website is not responsible for any limitations, malfunctions, or other issues that may occur when using the email, Twitter or Mastodon account for sending and receiving NFTs. The website provides an interface for sending NFTs through these platforms but has no direct control over the performance or operation of third-party accounts. Therefore, you acknowledge that any difficulties, delays, errors, or other inconveniences related to the email, Twitter or Mastodon account are not attributable to the website. It is your responsibility to ensure that you use reliable email or Twitter accounts and take necessary precautions to ensure the security and integrity of your communications and transactions. The website cannot be held liable for any losses, damages, or consequences resulting from issues with the email, Twitter or Mastodon account. Users are advised to consult the policies and guidelines of email and Twitter platforms to fully understand their responsibilities and limitations when using such services. The website does not provide any warranties or representations regarding the operation or performance of third-party accounts, and the use of such accounts is at the user's own risk.
Other Document
You understand and agree that this Document constitutes the complete agreement between you and the website administrators. Furthermore, you acknowledge that other documents, such as the Privacy Policy, Guides, and all published information on the website, are an integral part of this Document. It is your responsibility to review these documents and comply with their provisions.
Modification of the DocumentThe website administrators reserve the right to modify this Document at any time. The modifications will be notified on the website and sent via email to registered Users. After a 14-day notice period, the modifications will be considered effective. By continuing to use the website after this period, you are deemed to have accepted the changes made.