These terms and conditions ("Terms") govern Finance Ape Club (FAPEC) and any person ("User", "you") accessing and/or using the website https://www.financeapeclub.com (Site). Please read these terms carefully before using the Finance Ape Club website.

1 Conditions of use of the Finance Ape Club website

The Finance Ape Club website is intended for users over eighteen (18) years of age. Therefore, by using the Finance Ape Club website, you confirm that you are at least eighteen (18) years of age and that you are deemed to have read and accept these terms in full, without conditions.
If the user is under the age of eighteen (18), the user undertakes to obtain the prior express consent of his or her parent or legal guardian to use the Finance Ape Club website and to review the terms with them. Parents or legal guardians of users under the age of eighteen (18) undertake to abide by these terms and acknowledge responsibility for the user's activities on the Finance Ape Club website.
If you do not agree to these terms in whole or in part, you must immediately cease any and all use of the Finance Ape Club website.

2 Modification of Terms

The terms may be updated from time to time when Finance Ape Club deems it necessary or useful.
If you do not agree to the terms (including the terms that may be revised), you should stop all use of the Finance Ape Club website and related services.

3 Access the Finance Ape Club website

You are personally responsible for setting up the IT and telecommunications resources required to access the Finance Ape Club website and use the Services. When accessing the Internet to use the website, you are responsible for telecommunications charges.
Finance Ape Club reserves the right to temporarily or permanently close the Finance Ape Club website or access one or more services to perform maintenance operations without notice or compensation. Finance Ape Club may make any changes and improvements it deems necessary to the Finance Ape Club website and services.

4 Services

4.1 General Services The Finance Ape Club website enables you to access functions, features and services (“Services”) related to the FAPEC Series NFT collections and communities.
Access to certain services may only be available to holders of the FAPEC Series NFT and requires proof of ownership by connecting a supported blockchain-based digital wallet to the Finance Ape Club website (“Digital Wallet”).
Digital wallets are third-party products and services that are not affiliated with, nor under its custody or control in any way, Finance Ape Club. Access and use of digital wallets is at the user's own risk and discretion and is subject to its own applicable terms.
You are solely responsible for the security of your digital wallet, including associated passwords, seed words and keys. Under no circumstances will Finance Ape Club be liable for any risks associated with your access and/or use of digital wallets. If you lose or no longer have access to your digital wallet, Finance Ape Club will not be able to retrieve your FAPEC Series NFT from your digital wallet.
4.2 NFT primary sales service on the Finance Ape Club website The Site may, at its sole discretion, allow you to access the primary sale of FAPEC Series NFTs through one or more of the following mint categories: FAPEC Series NFT Holder mint, Allowlist mint and/or Public Sale.
You will need to connect your digital wallet to the Finance Ape Club website (Site), subject to your entitlement in the Primary Sale, (i) confirm your current ownership of the FAPEC Series NFT, where applicable, and/or (ii) transfer the applicable purchase price to Finance Ape Club, where applicable, and (iii) receive the NFT.
Applicable purchase prices for FAPEC Series NFTs are listed on the Finance Ape Club website and are binding at the time of purchase. Additional fees (including gas charges) may apply at the time of purchase to complete the sale. Finance Ape Club does not monitor these fees and does not benefit from them.
After confirming the entitled ownership of the FAPEC Series NFT or receiving the corresponding purchase price, Finance Ape Club will directly transfer the FAPEC Series NFT(s) you should be obtaining to your digital wallet connected to the Finance Ape Club website, suject to the specific and applicable circumstances.
All sales completed on the Finance Ape Club website are final. You acknowledge that under applicable law, any rights of withdrawal, return and/or refund do not apply.
4.3 Secondary sales of NFT on third-party platforms As part of secondary sale, users can resell and/or purchase FAPEC Series NFTs on third-party platforms.
The platform dedicated to secondary sales is a third-party service which is not owned, or operated, or controlled by Finance Ape Club, access and use are at the user's own risk and discretion, and are subject to its applicable terms.
Finance Ape Club may benefit from a certain percentage of the resale price of your FAPEC Series NFTs, as listed on the Finance Ape Club website, subject to the policies of the third-party platform where the resale is completed.
You undertake to resell and/or purchase FAPEC Series NFTs only on third-party platforms that (i) cryptographically verify the ownership of each NFT to display and list for sale in order to ensure that only the actual owner may proceed its resale, and (ii) stipulate that a certain percentage of the resale price is automatically awarded to Finance Ape Club upon resale.
Reselling and/or purchasing FAPEC Series NFTs on authorized third-party platforms means you agree to abide by these terms.

5 Commitments of both parties

5.1 User Commitment Without the express authorization of these Terms and/or the transfer of digital ownership, or without the prior written consent of Finance Ape Club, the user shall not directly or indirectly in any way:
(I) copy, modify, disseminate, transmit or create any derivative works, use, commercialize or copy all or part of the Finance Ape Club website and/or Finance Ape Club property, and related intellectual property rights of Finance Ape Club, or register or attempt to register any trademark or copyright or otherwise acquire additional intellectual property rights in any Finance Ape Club Property; use the Finance Ape Club Site or any Finance Ape Club Property to create, endorse, support, promote or condone any content, material or speech, Such content, material or speech is or may be considered by Finance Ape Club in its sole discretion to be defamatory, obscene, pornographic, indecent content, material or speech, abusive, offensive, harassing, violent, hateful, racist, discriminatory, inflammatory or Other offensive or inappropriate; generally, accessing, downloading, uploading, sharing, communicating any content and/or using the Finance Ape Club website or Finance Ape in a manner that may infringe the rights (including intellectual property rights) of Finance Ape Club or third parties Club property, damage the reputation, rights and interests of Finance Ape Club, or falsely imply affiliation with Finance Ape Club or endorsement by Finance Ape Club.
(II) decompile, disassemble the Finance Ape Club website, reverse engineer or attempt to discover or reconstruct the source code, the ideas, algorithms, file formats or programming or interoperability interfaces of the Finance Ape Club website on which it is based, except as permitted by law in any way. If the user wishes to obtain the information necessary to achieve the interoperability of the Finance Ape Club website with other software developed by the user or obtained independently for use in accordance with the objectives of the Finance Ape Club website, the user undertakes, before relying on third parties, to consult first Finance Ape Club, which may provide the information needed to implement such interoperability. User acknowledges that, where appropriate, Finance Ape Club will bill User for the exact cost Finance Ape Club has internally incurred for providing this information;
(III) alone or with the help of a third-party service provider, correct any errors and/or change any content in the Finance Ape Club website so that it suits her/his own purposes (only Finance Ape Club as required by law Exceptions, reserves the right to exercise this right); Integrate or combine the Finance Ape Club website with other software or files, or create composite or derivative works with the help of all or part of the Finance Ape Club website;
Generally, violation of any laws or regulations, or any use of the Finance Ape Club website, services or Finance Ape Club property may be considered against public order or unfair.
5.2 Business of FAPEC Finance Ape Club endeavors to use reasonable efforts to (i) act honestly, fairly and professionally, (ii) communicate in a fair and clear manner with holders of the FAPEC Series NFT, (iii) prevent, identify, manage and disclose any interests conflicts, which may arise, (iv) maintain all of its systems and security access protocols in compliance with appropriate standards of applicable laws and regulations, and generally (v) act in the best interests of FAPEC Series NFT holders and treat them equally, unless as otherwise provided on the Finance Ape Club website or in any other notice from Finance Ape Club.

6 safety

6.1 Finance Ape Club website security Finance Ape Club shall use its best efforts to deploy the necessary resources to ensure the availability and efficient operation of the Finance Ape Club website to users 24 hours a day, 7 days a week. However, in view of the relevant restrictions of the Internet, FAPEC cannot guarantee that the access and operation of the FAPEC website will not be interrupted in the event of force majeure, user equipment failure, user Internet network failure, etc. and/or to improve the maintenance operations of the Finance Ape Club website.
The user hereby represents, warrants and agrees that when accessing and/or using the Finance Ape Club website and services, the user shall not take any action that may in any way (i) Endanger the Finance Ape Club website; (ii) Attempt to in any way from any other user (iii) Endermining the security of any computer network, or cracking any password or security encryption code; (iv) Running any program that interferes with the normal operation of the Finance Ape Club website and services; (v) Interfering with, hindering and/or prevent the normal operation of the Finance Ape Club website and services (such as but not limited to downloading viruses or malicious code, or by performing hacking activities of any nature or otherwise interfering with the normal operation of the Finance Ape Club website and services).
6.2 Malicious third parties Be aware that malicious third parties may sell NFTs of fake Finance Ape Club property and/or falsely act as an affiliate or endorsement of Finance Ape Club. If you have any questions, please contact FAPEC according to Article 11 below.
Your interactions with these third parties are at your own risk and discretion. Finance Ape Club is not responsible in any way for any acts or omissions of the aforementioned malicious third parties, nor is it responsible for any adverse consequences of your interactions with them.

7 Disclaimer

Finance Ape Club provides services related to encrypted assets (NFTs). Each FAPEC Series NFT is unique and exclusive to its owner.
Finance Ape Club does not provide, including but not limited to services related to custody of digital assets on behalf of third parties or access to digital assets for the purpose of holding, storing, and transferring digital assets; buying and selling digital assets with legal tender; or any services related to third party order receipt and transmission, third party portfolio management, advice, underwriting, secured placements and non-secured placements.
Finance Ape Club does not provide asset intermediary services, including but not limited to services related to offers to clients or potential clients to obtain the right to one or more assets based on the possibility of direct or indirect financial returns or similar economic effects.
In this regard, the user hereby represents, warrants and agrees that any use of the Finance Ape Club website and services, including any purchase of the FAPEC Series NFTs, is for their personal collection, use and enjoyment only. Users should avoid any actions and/or omissions that may be interpreted or implied in any way that (i) users are accessing or using the Finance Ape Club website and/or services, including purchasing FAPEC Series NFTs, for speculative or investment purposes, or (ii) accessing or using the Finance Ape Club website and/or services, including the purchase of FAPEC Series NFTs, may constitute a transaction in Finance Ape Club or its Opportunity for financial interest or profit, investment, equity or other ownership or profit-sharing interest in an affiliated company or business partner of any kind. In this regard, Finance Ape Club makes no guarantees about any future value or resale value of the FAPEC Series NFTs.
You are solely responsible for compliance with applicable laws and regulations, including tax obligations related to NFTs and cryptocurrencies. Please note that changes in applicable laws and regulations may affect the service and your rights and obligations related to the FAPEC Series NFTs.

8 Warranty and Liability

8.1 Warranty It is expressly agreed that Finance Ape Club's obligations under these terms are obligations of means. To the maximum extent permitted by applicable laws, users expressly acknowledge that the Finance Ape Club website and services (including the FAPEC Series NFT) are provided by Finance Ape Club "as is". Except as stated in these Terms and to the maximum extent permitted by applicable law, Finance Ape Club makes no other warranties or representations, express or implied, and hereby disclaims all implied warranties.
Finance Ape Club does not make any guarantees for the Finance Ape Club website, services, and any transactions involving FAPEC Series NFTs and/or cryptocurrencies in whole or in part, including but not limited to any risks associated with FAPEC Series NFT, for example, failure to place due to errors, risks of NFT transfers to users, such as forgotten passwords, incorrectly entered addresses or incorrectly constructed transactions, mining attacks, cybersecurity attacks, blockchain failures or other technical errors, telecommunications failures, unfavorable one or more jurisdictions ( including NFT and/or cryptocurrency), taxation of NFT or cryptocurrency, disclosure of personal information, uninsured loss, accidental risk, volatility risk, server failure or data loss, damaged or inaccessible digital wallet, unauthorized authorized access, inability to access, transfer or display the NFT, the risks arising from third party providers, including those who may mint and/or store the NFT, and any damage arising from any unauthorized third party activity, Including but not limited to the introduction of viruses or other malicious code, phishing attacks, Sybil attacks, fifty-one percent (51%) attacks, brute-force cracking to change the protocol rules of the blockchain (ie, "forks"), or other possible Attack methods that affect NFT in any way.
Finance Ape Club does not guarantee that users' access to and use of the Finance Ape Club website and services will be uninterrupted, timely and free from errors, malfunctions, viruses and any type of malicious code. The information provided on the Finance Ape Club website is not guaranteed in any way.
User expressly acknowledges and accepts that electronic communications may not be free from interference by third parties. Finance Ape Club shall under no circumstances be liable for damages, losses, costs, expenses and lost profits of any nature and kind arising from such interference with third parties via the Internet network caused or produced.
8.2 Compensation User shall be harmless from any and all claims, liabilities, judgments, awards, losses, damages, costs and expenses arising out of (i) any breach of these Terms or any warranty by User or any of its employees or agents (if any) (including, without limited to reasonable attorneys' fees), representations, covenants or obligations contained herein; (ii) any infringement by The Finance Ape Club claimants in connection with any and all use by users of the Finance Ape Club website, services and/or FAPEC Series NFTs or alleged infringement.
8.3 Limitation of Liability To the maximum extent permitted by applicable law, under no circumstances will Finance Ape Club be liable for any consequential damages arising from the user's access to and/or use of the Finance Ape Club website and/or services.

9 miscellaneous

9.1 Breach of Terms If the user's use of the Finance Ape Club website is deemed to be in violation of these terms, Finance Ape Club reserves the right to temporarily or permanently restrict, suspend or terminate without any compensation, compensation or refund and without liability. Injury to any legal action to which Finance Ape Club may be entitled, the user's access to the Finance Ape Club website and/or the services available to the user. Finance Ape Club shall notify the user of the decision to suspend or limit the user's rights, and may restore the user's rights at its discretion.
9.2 Third Party Content The Finance Ape Club website may display hypertext links that redirect users to third-party websites and/or applications. Finance Ape Club is not responsible in any way for third-party hypertext links that are accessible on the Finance Ape Club website. In this regard, please note that Finance Ape Club has neither control nor monitoring the content posted by such third parties. Therefore, Finance Ape Club shall under no circumstances be liable for any content posted by third parties. Users are hereby invited to carefully read the terms and conditions governing third-party websites and applications that users can access by clicking on the hypertext links displayed on the Finance Ape Club website and related website pages.
If any content published on the Finance Ape Club website does not comply with these terms and/or violates applicable laws and regulations, especially because it constitutes clearly illegal content (for example, defamation, defamation or infringement of the user's intellectual property rights), any user Reports of such infringements may be made by contacting Finance Ape Club pursuant to Article 11.
9.3 Assignment Finance Ape Club may assign all or part of its rights and obligations under these Terms to any entity, affiliate, subsidiary or third party, including but not limited to merger, division, transfer of partial assets or disposal of all or part of its business. No With the prior express written consent of Finance Ape Club, the user may not in any way assign all or part of its obligations under these terms.
9.4 Validity If any one or more provisions of these Terms are unenforceable, they shall be deleted from the applicable document, but the remainder of the Terms shall remain in effect. A provision declared unenforceable shall be replaced by a provision that comes closest in meaning and scope to the original provision.
9.5 Electronic communications In accordance with applicable law, the user acknowledges and agrees that information exchanged between the user and Finance Ape Club in electronic format (including via e-mail) shall be considered as effective means of communication, notification and proof, equivalent to information in paper format.

10 Applicable law

The validity of these Terms and any terms and provisions thereof, and the rights and obligations of the parties hereunder, shall be governed, construed and enforced in accordance with the laws of BVI.
If there is a dispute between the two parties regarding the interpretation, execution or termination of this clause, the two parties shall endeavor to resolve it in an amicable manner.

11 Contact information

Please contact us via email [email protected]

12 Digital Millennium Copyright Act

Notice. We respect the intellectual property rights of others, and we ask you to do the same. If you are the copyright owner or the copyright owner's agent and believe that any content on the Services infringes your copyright (except for content you have previously uploaded to Finance Ape Club and the user-to-user complaint process described below applies), You may file a notice under the Digital Millennium Copyright Act ("DMCA") by contacting our Copyright Agent at [email protected]. Attention DMCA Agent. If the copyright owner is under the age of 13, the DMCA notice must be submitted by the rights owner's parent or other representative, and not directly by a user under the age of 13. You acknowledge that if you fail to comply with all of the requirements of Section 5(A), your DMCA notice may be invalid. You must provide the following information in writing (see 17 USC 512(c)(3) for details):
- An electronic or physical signature authorized to act on behalf of the copyright owner or other person whose rights have been infringed;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located;
- your address, phone number and email address;
- You represent that you have a good faith belief that use of the materials is not authorized by the copyright owner, its agent, or the law; and
- You represent that the foregoing information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on behalf of the copyright or intellectual property owner.
Counter Notification. For any content that is removed or disabled, if you believe that your content is not infringing, or if you are authorized by the copyright owner, the copyright owner's agent, or by law, to post and use that material in your content, a counter-notification may be sent to our Copyright Agent. Any counter notifications filed on behalf of users under the age of 13 must be filed by a parent or other adult representative. When our Copyright Agent receives a counter-notification, we may send a copy of the counter-notification to the original complaining party, informing that party that we may replace the removed content or cease disabling it within 10 business days. Unless the copyright owner files an action against the content provider seeking a court order, the removed content may be replaced or access to it restored within 10 to 14 business days or more after receipt of the counter-notification, at Finance Ape Club's sole discretion.
Repeat Infringement Policy. Finance Ape Club's intellectual property policy is to: (i) remove or disable access to material that Finance Ape Club is aware of infringes the intellectual property rights of a third party or has been identified in a valid DMCA notice filed by the intellectual property owner, or his or her agents; (ii) Where appropriate, terminate the account and block access to the Finance Ape Club website and services of any user who repeatedly or seriously infringes the copyright or other intellectual property rights of others.