Terms and Conditions
BY USING OUR WEBSITE AND/OR APPLICATION YOU AGREE TO THESE TERMS AND CONDITIONS - PLEASE READ THEM CAREFULLY
1.- Introduction: These terms and conditions of use for all users govern your use of FRQTAL and your agreement with us. Welcome to FRQTAL Marketplace, owned and operated by FRATAL APP S.A.P.I. DE C.V. ("FRQTAL," "FRQTAL APP," "we," "us," "PROTOCOL," or "our"). These Terms and Conditions of Service ("Terms") govern your access and use of the FRQTAL website(s), our APIs, mobile application (the "App"), and any other software, tools, features or functionalities provided in or in connection with our services; including but not limited to the use of our services to view, explore and create FNFTs (financial non-fungible tokens) and use our tools, at your own discretion, to connect directly with others to buy, sell or transfer FNFTs on public blockchains (collectively, the "Service"). "FNFT" in these Terms means a non-fungible financial token or similar digital item implemented on a blockchain (such as the AVAX blockchain), which uses smart contracts to link or otherwise associate with certain content or data.
For the purposes of these Terms and Conditions, "user," "you," and "your" refer to you as a user of the Service. If you use the Service on behalf of a company or other entity, the term "you" includes you and that entity, and you represent and warrant that
You are an authorized representative of the entity with the authority to bind the entity to these Terms and Conditions,
and Agree to these Terms and Conditions on behalf of the entity.
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION CLAIMS THAT (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTE BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND NOT BY A JUDGE OR JURY IN A COURT.
BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, ALL TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
FRQTAL is not a wallet provider, exchange, broker, financial institution, or lender. FRQTAL provides a peer-to-peer web3 service that helps users discover and interact directly with each other and with FNFTs available on public blockchains. We have no custody or control over the FNFTs or blockchains with which you interact, and we do not execute or effect purchases, transfers, or sales of FNFTs manually, everything is done by you, the user, through a connection that we provide.
FRQTAL is not a party to any agreement between users. You are solely responsible for verifying the identity, legitimacy, and authenticity of the FNFTs (digital properties that you are purchasing on the app) that you acquire from third-party sellers using the Service, and we make no representations about the identity, legitimacy, functionality, or authenticity of the users or the FNFTs (and any content associated with such FNFTs) visible on the Service.
As we have a growing number of services, we sometimes have to provide additional terms and conditions for specific services (and such services are considered part of the "Service" below and will also be subject to these Terms and Conditions). Those additional conditions, which are available with the corresponding service, become part of your agreement with us if you use those services. In case of conflict between these Terms and Conditions and any applicable additional term or condition that we may provide for a specific service, such additional terms will prevail for that specific service.
2.- Interpretation: In the Terms and Conditions of Service:
We refer to our website as "FRQTAL", even when accessed through the URL www.frqtal.org;
"Content" means any material uploaded to FRQTAL by any User (whether a Creator or a Fan), including any photos, videos, audio (e.g. music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material;
"Creator" means a User who has set up their FRQTAL account as a Creator account to post Content on FRQTAL to be viewed by other Users;
"Buyers" means a User who purchases an FNFT from a Creator and/or can view the Creator's Content;
"Buyer/Creator Transaction" means any transaction between a Fan and a Creator on FRQTAL whereby access to the Creator's Content is granted, including any of the following forms: (i) a Subscription, (ii) payments made by a Buyer to view a Creator's paid Content (payment means).
"Payments" means all payments made by a Buyer to a Creator (i) in connection with a Buyer/Creator Transaction.
"Referral User" means a User who participates in FRQTAL's Referral Code Program.
"Standard Buyer/Creato r Contract" means the terms and conditions governing each Buyer/Creator transaction, which can be found here;
"Membership" means a Buyer's access to a Creator's account (whether paid or not) to access their content;
"Terms of Service" (also referred to as "your agreement with us") means the legally binding agreement between you and us consisting of: (i) these Terms and Conditions of Use for all Users, (ii) Privacy Policy, (iii) Acceptable Use Policy, (iv) Claims Policy, as well as any other policies implemented by FRQTAL.
"User" means any user of FRQTAL, whether a Creator or a Buyer or both (also referred to as "you" or "your").
3.- Change of Terms and Conditions of Service: FRQTAL reserves the right to change or modify these terms and conditions at any time and in our sole discretion. If we make material changes to these Terms and Conditions, we will make reasonable efforts to notify such changes, for example, by notice through the Service or by updating the "Last Updated" date at the beginning of these Terms and Conditions. However, IT IS YOUR OBLIGATION TO BE AWARE OF CHANGES TO THE TERMS AND CONDITIONS. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and Conditions and all the terms and conditions incorporated therein by reference, effective from the date of the update of these Terms and Conditions. It is solely your responsibility to review the terms from time to time for such changes and to ensure that you understand the terms and conditions that apply when accessing or using the Service. We may change any part of the Terms and Conditions of Service without prior notice under the following circumstances:
to comply with laws and regulatory requirements that apply to FRQTAL and to FRQTAL's services, features, and programs when such changes require FRQTAL to change its terms and conditions in a way that does not allow us to provide reasonable notice to you; and
To address an unforeseen and imminent danger, such as in cases of fraud, malware, spamming, hacking, cracking, phishing, cyber-terrorism, or any other type of cybercrime.
We may also make other changes to any part of the Terms and Conditions of Service, and we will provide you with reasonable notice of such changes via email or through FRQTAL, and you may contact us to terminate your agreement with us before the changes take effect. Once the updated Terms and Conditions of Service are in effect, you will be bound by them if you continue to use FRQTAL.
4.- Access to the Service: Like much of web3, your blockchain address functions as your identity on FRQTAL. Therefore, to use our Service, you will need a valid email address or a third-party wallet that allows you to transact on blockchains to access the Service, also known as a WALLET. This blockchain wallet will be provided by you upon registering on our platform. Otherwise, if you do not have a wallet made on AVALANCHE, we will provide one automatically, but it will be owned by you and we are not responsible for storing the access.
Your FRQTAL Account will be associated with your linked blockchain address and will display the FNFTs from that blockchain address (and, if applicable, any content associated with those FNFTs). By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable wallet provider, which in our case is the AVALANCHE blockchain in our early versions. Wallets are not operated, maintained, or affiliated with FRQTAL, and FRQTAL has no custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents.
5.- We may make changes or suspend or withdraw FRQTAL: We may update and change FRQTAL from time to time for any reason, including to reflect changes in our services, user needs, and business practices, or to improve system performance, enhance functionality, or address security issues. We will try to provide reasonable advance notice of any significant changes or service suspensions. We do not guarantee that FRQTAL, or any Content on it, will always be available or accessible without interruption. We may suspend or withdraw or restrict availability of all or part of FRQTAL for commercial or operational reasons. We will try to provide reasonable advance notice of any suspension or withdrawal if it affects you.
6.- Wallet responsibility: FRQTAL accepts no responsibility in relation to the use of a wallet and does not provide any warranties about the operation of the Service with a specific wallet. You are solely responsible for maintaining the security of your wallet and must never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Similarly, you are solely responsible for your Account and any associated wallet, and we are not liable for any act or omission by you in connection with your Account or as a result of your
Account or wallet being compromised. You shall ensure sufficient security on your electronic devices, such as phones, tablets or personal computers. In the event of any hacking of your device, you will need to contact the provider from whom you obtained your device, such as department stores, representative offices in your country, or in extreme cases, the manufacturer of your electronic device, as FRQTAL is not responsible for these technologies outside of our Marketplace
7.- Notice of Security and/or Account Problems: You agree to immediately notify us if you discover or suspect any security issues related to the Service or your Account by contacting us at support@frqtal.org. Notifications will be analyzed by us as a company and we will respond if we can assist, advise or resolve your issue.
8.- Applicable Laws: The user declares and warrants that they will comply with all applicable treaties, laws, regulations, circulars, and other applicable requirements (for example, local, state, federal, and other laws) when using the Service.
Notwithstanding the foregoing, by using the Service, you represent and warrant that You are not located in a country subject to an embargo by the Government of the United Mexican States; and You
have not been identified as a specially designated national or included on any list of prohibited, sanctioned, or restricted persons by the Government of the United Mexican States. If you access or use the Service outside of the United Mexican States, you are solely responsible for ensuring that your access and use of the Service in such country, territory, or jurisdiction does not violate any applicable law.
9.- Registration on FRQTAL: To use FRQTAL, you must first register and create a user account on the FRQTAL APP. You must provide a valid email address or wallet, a username, and a password. Your password must meet the technical requirements of the FRQTAL site for password composition.
It is prohibited to use our Service if you are under 18 years of age.
We require all users to be over 18 years of age. If you are at least 15 years old but under 18, you may only use FRQTAL through a parent or guardian's Account and with their approval and supervision. The account holder is responsible for their actions when using the Account.
FRQTAL is not obligated to verify the age of users, therefore the user declares under penalty of perjury that the age entered on FRQTAL is the age reached at the time of accessing FRQTAL.
10.- Exceptional requests for access to information: FRQTAL may require you to provide additional information and documents under certain circumstances, such as at the request of any governmental or judicial authority, as required by any applicable law or regulation, or to investigate a possible violation of these Terms and Conditions. In such cases, FRQTAL, at its sole discretion, may:
Disable your Account and block your ability to access the Service until such additional information and documents are processed by FRQTAL. If the user does not provide complete and accurate information in response to such request or requirement, FRQTAL may refuse to restore their access to the Service.
FRQTAL will at all times comply with the Privacy Policies in relation to the information provided by the user, which is protected in the Privacy Notice that can be found on our website www.frqtal.org.
11.- Your commitments to us: When you register and use FRQTAL, you commit to the following:
If you previously had an account on FRQTAL, you confirm that your old account was not cancelled or suspended by us because you violated any of our terms or policies.
You will ensure that all information you submit to us is truthful, accurate, and complete, and sworn to be true.
You will promptly update any information you have provided to us as it changes.
You agree to receive communications from us electronically, including emails and messages sent to your FRQTAL account, and the processing of your personal data as detailed further in our Privacy Policy.
You will maintain the confidentiality and security of your account/login data, including user data, passwords, and any other information that is part of our security procedures, and you will not disclose them to anyone else.
You will immediately contact support@frqtal.org if you believe that someone has used or is using your account without your permission or if your account has been subject to any other security breach.
You agree to log out of your account at the end of each session, and to be especially careful when accessing your account from a public or shared computer so that others cannot access, view or record your password or other personal information.Y
ou are responsible for all activity on your account, even if someone else uses your account against the terms and conditions of the Service.
You will fully comply with these Terms and Conditions of Use for all users, our Acceptable Use Policy, and all other parts of the Service Conditions that apply to your use of FRQTAL.
12.- Rights we have, including the right to suspend or terminate your account:
We are not obliged to moderate or review any content to ensure compliance with the Terms and Conditions of Service (including, in particular, our Acceptable Use Policy and others) and/or any applicable law.
Our policy is to suspend access to any Content that you post on FRQTAL and that we know or suspect may not comply with the Terms and Conditions of Service (including, in particular, our Acceptable Use Policy) and/or any applicable law while we investigate the suspected non-compliance or illegality of such Content. If we suspend access to any of your Content, you may request a review of our decision to suspend access to the relevant Content by contacting us at support@frqtal.org. Following our investigation into the suspected non-compliance or illegality of the relevant Content, we may take such action as we consider appropriate, including suspending the service or restoring access to the Content, or permanently deleting or disabling access to the relevant Content, without your consent and without prior notice. You agree to provide us, at your own expense, with all reasonable assistance (including providing us with copies of any information we request) in our investigation. We shall not be liable for any loss suffered by you as a result of the suspension of access to your Content or any other action we take in good faith to investigate any suspected non-compliance or illegality of your Content under this section, and all information provided by you in the course of the investigation will be governed by FRQTAL's Privacy Policy.
If we suspend your access to your content or remove it, we will notify you by email or electronic message to your registered account on FRQTAL, but we are not obligated to notify you of such removal or suspension in advance.
We reserve the right, at our sole discretion, to terminate your agreement with us and your access to FRQTAL for any reason. We may also immediately suspend access to your user account or terminate your agreement with us and your access to FRQTAL without prior notice:
If we believe that you have violated or may have seriously or repeatedly violated any part of the Terms and Conditions of Service (including in particular our Acceptable Use Policy), or if you attempt or threaten to violate any part of the Terms and Conditions of Service in a way that has or could have serious consequences for us or another user;
or If you take any action that, in our opinion, has or may reasonably cause a loss to us or that harms the reputation of FRQTAL or involves legal action against FRQTAL.
If we suspend access to your user account or terminate your agreement with us and your access to FRQTAL, we will let you know. During any period in which access to your user account is suspended, payments to Buyers that would otherwise have fallen due during the suspension period will be suspended, and we may withhold all or part of the earnings due to creators that have not yet been paid.
After the cancellation of your account, we may handle your Content in any appropriate manner according to our Privacy Policy (including its deletion) and you will no longer have the right to access your Content. There is no technical facility in FRQTAL for you to access your content after termination of your account.
We may investigate any suspicion or alleged misuse, abuse, or illegal use of FRQTAL and cooperate with law enforcement agencies in such investigation.
We may disclose any information or records in our possession or control regarding your use of FRQTAL to law enforcement agencies in connection with any suspected or alleged illegal activity, to protect our legal rights or interests, or in response to legal process, without violating FRQTAL's Privacy Policy.
We may change the third-party payment providers used to process payments on FRQTAL and if we do so, we will notify you and store the applicable details in your FRQTAL account.
Apart from the Content (which is owned by Creators or licensed to them), all rights in FRQTAL and all its content, features, databases, source code, and functionality are owned by us. Such material is protected by copyright and may be protected by trademark, trade secret, and other intellectual property laws.
We are the sole and exclusive owners of all and any anonymized data related to your use of FRQTAL and such anonymized data may be used by us for any purpose, including for commercial, development, and research purposes.
13.- What we are not responsible for: We will use reasonable care and skill to provide you with FRQTAL, but there are certain things for which we are not responsible, such as the following:
We do not authorize or endorse the Content on FRQTAL, and the opinions expressed by Creators or Buyers or Users on FRQTAL do not necessarily represent our opinions.
We do not grant you any rights in relation to the Content. Such rights can only be granted to you by the Creators.
All content is created, selected, and provided by users and not by us. We are not responsible for reviewing or moderating the Content, and we do not select or modify the Content that is stored through FRQTAL. We have no obligation to monitor the Content or to detect violations of the Terms of Service (including the Acceptable Use Policy).
The user agrees that they have no obligation to follow the suggestions, comments, critiques, or instructions received from another FRQTAL user and that if they choose to do so, they do it at their own risk.
We make no promises or warranties of any kind that the Creators or Referral Users will make a particular amount of money (or any money or digital asset) from their use of FRQTAL (including the FRQTAL Referral Program).
The materials we make available on FRQTAL for users are for general information purposes only. We do not promise or guarantee the accuracy or completeness of such materials, nor that users will achieve any particular result by using such materials.
We do not promise that FRQTAL will be compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access FRQTAL. You should use your own virus protection software.
The materials we make available on FRQTAL for users are for general information purposes only. We do not promise or guarantee the accuracy or completeness of such materials, nor that users will achieve any particular result by using such materials.
We do not promise that FRQTAL will be compatible with all devices and operating systems. You are responsible for configuring your information technology, device, and computer programs to access FRQTAL. You should use your own virus protection software.
We are not responsible for the loss, theft, or compromise of user accounts, passwords, or email accounts, or for resulting unauthorized activities or unauthorized payments or withdrawals of funds.
You acknowledge that once your Content is posted on FRQTAL, we cannot control and will not be responsible to you for the use that other Users or third parties make of such Content. You may delete your account at any time, but you acknowledge that deleting your account will not by itself prevent the circulation of any of your Content that may have been recorded by other Users in breach of the Terms and Conditions of Service or by third parties prior to the deletion of your account.
Neither the Federal Government nor the entities of the parastatal public administration can be held responsible or guarantee the resources of the Clients that are used in the Operations that they enter into with the ITF or with others, nor assume any responsibility for the obligations contracted by the ITF or by any Client in relation to another, by virtue of the Operations they enter into.
The FNFT does not represent legal tender and is not backed by the Federal Government or the Bank of Mexico.
Once the FNFT is minted or electronically registered in FRQTAL, it is impossible to reverse operations once executed, if applicable.
The volatility of the value of FNFT does not depend on FRQTAL, but on the user public.
There is a presence of technological, cyber, and fraud risks inherent to virtual assets.
FRQTAL is not responsible for the loss of information, passwords, or any system failure or error that may occur with the wallet or its server.
The FNFT does not represent legal tender and is not backed by the Federal Government or the Bank of Mexico.
Once the FNFT is minted or electronically registered in FRQTAL, it is impossible to reverse the operations once executed, if any.
The volatility of the value of FNFT does not depend on FRQTAL, but on the users themselves.
14.- Property: The Service, including its "look and feel" (e.g., text, graphics, images, logos, page headers, button icons, and scripts, etc.), proprietary content, information, and other materials, and all content and other materials contained therein, including, without limitation, the FRQTAL logo and all designs, texts, graphics, images, data, software, sound files, other files, and the selection and arrangement thereof, is the property of FRQTAL or our affiliates, licensors or users, as applicable, and you agree not to take any action inconsistent with such property interests.
We and our affiliates, licensors and users, as applicable, reserve all rights in and to the Service and its content, including, without limitation, the exclusive right to create derivative works.
It is important to clarify that FRQTAL may use, for advertising or publishing purposes, or any other use, any content that users upload to the application, even if the content is decentralized, since users have chosen to decentralize the information they are uploading to third-party platforms that run on blockchain technology.
15.- Intellectual property rights - ownership and licenses: You confirm that you own all intellectual property rights (including but not limited to copyright and trademarks) in your Content or have obtained all necessary rights to your Content.
You waive any moral rights that you may have under any applicable law to object to the derogatory treatment of any Content posted by you on FRQTAL.
This waiver does not in any way affect your ownership of any intellectual property rights in your Content or your rights to prevent your Content from being copied without your permission.
16.- Trademarks and trade names: The name, logo, and trademarks of FRQTAL, as well as the names, designs, logos, and slogans of FRQTAL's products or services, are FRQTAL's intellectual property and may not be copied, imitated, or used, in whole or in part, without our prior written authorization in each case. You may not use any meta tag or other "hidden text" using "FRQTAL" or any other name, trademark, or product or service name of FRQTAL or our affiliates or licensors without our prior written permission. Additionally, the "look and feel" of the Service constitutes FRQTAL's service mark, trademark, or trade dress and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
All other third-party trademarks, registered trademarks, and product names mentioned in the Service or included in content linked or associated with any FNFT displayed on the Service are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the applicable intellectual property rights owner's permission. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does NOT constitute or imply endorsement, sponsorship, or recommendation by FRQTAL.
17.- Opinions, Comments, and Suggestions
We appreciate opinions, comments, and suggestions to improve the service ("support@frqtal.org"). You acknowledge and expressly agree that any contribution of comments does not and will not give you any right, title or interest in the Service or in such Comments. You agree that FRQTAL may use and disclose the Comments in any way and for any purpose without notice or compensation to you and without you retaining any ownership or other right or claim. Hereby, you assign to FRQTAL all rights, titles, and interests (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights, and any other intellectual property right) that you may have in and to any and all Feedback.
18.- License to access and use our service and content: By this agreement, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Service, provided that such license is subject to compliance with these Terms and Conditions. If we distribute or make available any software, content, or other materials that are owned by us, controlled by us, or licensed to us, as part of your use of the Service, we hereby grant you a non-commercial, personal, non-transferable, non-sublicensable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service (and the right to download a single copy of the Application on your applicable device or computer), solely for the purpose of allowing you to use the Service as permitted by these Terms and Conditions, provided that your license in any content linked or associated with any NFT is solely as established by the applicable seller or creator of such NFT.
19.- Third-Party Content and Services
As a web3 peer-to-peer service, FRQTAL helps you explore FNFTs created by third parties and interact with different blockchains. FRQTAL makes no representation or warranty regarding this third-party content visible through our Service, including any content associated with the FNFTs displayed on the Service, and you are responsible for verifying the legitimacy, authenticity, and legality of the FNFTs you acquire from third-party sellers. We also cannot guarantee that the FNFTs visible on FRQTAL will always remain visible and/or available for purchase, sale, or transfer. FRQTAL does not warrant that the content uploaded is original or unique.
FNFTs may be subject to terms directly between buyers and sellers regarding the use of the FNFT content and associated benefits. For example, when you click to get more details on any of the FNFTs visible on FRQTAL, you may observe a third-party link to the creator's website. Such a website may include Purchase Terms and Conditions that govern your use of the FNFT that you must comply with. FRQTAL is not a party to such external Purchase Terms and Conditions that each FNFT creator decides to place, which are exclusively between the buyer and seller. The buyer and seller are solely responsible for communicating, promulgating, agreeing to, and enforcing the Purchase Terms and Conditions. You are solely responsible for reviewing such Purchase Terms and Conditions.
The Service may also contain links or functionalities to access or use third-party websites and applications or display, include, or make available third-party content, data, information, services, applications, or materials. When you click on a link, or access and use a Third-Party Website or a Third-Party Application, even if we do not notify you that you have left our Service, you are subject to the terms and conditions (including existing policies) of another website or destination. Such third-party websites, third-party applications, and third-party materials are not under the control of FRQTAL and may be "open" applications against which recourse may not be possible. FRQTAL is not responsible for third-party websites, third-party applications, and third-party materials. FRQTAL provides links to these third-party websites and third-party applications for your convenience and does not review, approve, monitor, endorse, warrant, or make any representations regarding third-party websites or third-party applications or their associated third-party products or services or materials. You use all third-party website links, third-party applications, and third-party materials at your own risk.
20.- User conduct Openness is one of our most cherished values, and we are committed to providing people from all backgrounds and levels of web3 experience with a colorful lens into different blockchains. However, to protect our community and comply with our legal obligations, we reserve the right to take action, with or without notice, if we believe you have violated these Terms. This may include: removing the ability to view certain FNFTs on the Service or use our Service to interact with FNFTs; disabling the ability to use the Service in conjunction with the purchase/sale/transfer of FNFTs available on blockchains; disabling your ability to access our Service; and/or other actions.
You agree that you will not violate any laws, contracts, intellectual property, or other rights of third parties, and that you are solely responsible for your conduct and content while accessing or using the Service. You also agree that you will not:
To use or attempt to use another user's account without their authorization;
To impersonate another person or entity;
To claim a FRQTAL username for the purpose of reselling it or engaging in username squatting;
Accessing the Service from a different blockchain address if we have blocked any of your other blockchain addresses from accessing the Service, unless you have obtained our prior written permission;
Using the Service -including broadcasting any software or interacting with any API- that may damage, disable, overburden, or impair the operation of the Service in any way;
Evade or ignore instructions that control access to the Service, including attempting to bypass any speed limit system by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the origin of the traffic you send to FRQTAL;
Use any type of data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or interfere with or modify the rendering of Service pages or functionality.
Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that may reveal the source code or circumvent or bypass measures employed to prevent or limit access to any service, area, or code of the Service;
Sell or resell the Service or attempt to circumvent any FRQTAL fee system.
Use FRQTAL to reverse engineer its business model, or simply as corporate espionage or competitive analysis. FRQTAL shall have the right to disable the account and its transfers.
Engage in behaviors that intend or have the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing the number of visits, favorites, or other metrics that FRQTAL may use to rank search results.
To use the Service or data collected from our Service for any direct advertising or marketing activity (including, without limitation, email marketing, SMS marketing, and telemarketing);
To use the Service for money laundering, terrorism financing, or other illicit finance activities.
Using the Service from a country sanctioned by the government of the United Mexican States or to facilitate transactions with individuals sanctioned by the government of the United Mexican States or located in sanctioned countries;
Using the Service to conduct any financial activity subject to registration or licensing, including but not limited to the creation, sale or purchase of securities, commodities, options or debt instruments.
Using the Service to create, sell or buy FNFTs or other items that give their owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities or other financial instruments;
Using the Service to engage in price manipulation, fraud or other deceptive or manipulative activity.
Using the Service to purchase, sell, or transfer stolen, fraudulently obtained, unauthorized, and/or otherwise illegally obtained items;
Infringing or violating the intellectual property rights or any other rights of third parties;
Create or display illegal content, such as that which may involve child sexual exploitation;
Create or display FNFTs or other items that promote suicide or self-injury, incite hatred or violence against others, or dox another individual.
Using the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Service's Terms and Conditions;
Using the Service in any way that may interfere, disrupt, negatively affect or prevent other users from fully enjoying the Service.
21.- Adult Content (NSFW)
We allow users to post NSFW content, but that content and other associated material is subject to being marked as NSFW and may be handled differently than non-NSFW content in navigation menus and search results.
By using the Service, you understand the importance of DYOR (Do Your Own Research). You are fully responsible for verifying the authenticity, legitimacy, identity, and other details about any FNFT, collection, or account you see or otherwise interact with in connection with our Service. We do not guarantee or promise the identity, legitimacy, or authenticity of any FNFT, collection, or account on the Service. Likewise, you agree to comply with the Acceptable Use Policy that specifies what is and is not allowed within FRQTAL.
22.- Intellectual Property Rights
You are solely responsible for your use of the Service and any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements described above.
By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with FRQTAL's metadata rules in your responses to the metadata API, you grant us a worldwide, non-exclusive, sublicensable, and royalty-free license to use, copy, modify, and display any content, including, but not limited to, text, materials, images, files, communications, comments, opinions, suggestions, ideas, concepts, questions, data, or other types, that you submit or post on the Service or through it for our current and future commercial purposes, including supplying, promoting, and improving the Service. This includes any digital file, artwork, or other material linked or associated with any FNFT displayed on the Service.
FRQTAL does not claim that submitting, posting, or displaying this content on the Service or through it grants FRQTAL ownership of the content. We do not claim to be owners. We only say that we may use and display it.
You represent and warrant that you have, or have obtained, all necessary rights, licenses, consents, permissions, power, and/or authority to grant the rights granted herein for any content you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain copyrighted material, trademarks, publicity rights, or other intellectual property rights, unless you have the necessary permission or are legally authorized to post the material and grant FRQTAL the license described above, and that the content does not infringe any laws.
If not, and if you do not have the right to any uploaded content, FRQTAL will not be held responsible for these actions of the users, as we are not a patent or copyright office, and we fully rely on what users accept and declare.
FRQTAL will remove works in response to notices of removal under the Digital Millennium Copyright Act ("DMCA") and/or Federal Copyright Act (LFDA) under article 114, and/or other claims of intellectual property infringement and will terminate a user's access to the Service if they are determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or that violates your publicity or other intellectual property rights, please fill out our form here or you can send written notification to our designated copyright agent addressed to:
BEIION SOLUTIONS SC (MIP) Manager of Intellectual Property of FRAQTL APP S.A.P.I. de C.V. Blvd. Atlixcáyotl 1499, Reserva Territorial Atlixcáyotl, (Angelopolis City), 6th floor Tower B, 72190, San Andres Cholula, Puebla, Mexico.
In order for us to process your claim of content infringement on the Service, you must be the owner of the rights or someone authorized to act on your behalf. We encourage you to use our form to ensure that all necessary information is included in your notification. If you choose to write to us by email or postal mail, your notification must include the following:
Identification of the copyrighted work(s), trademark(s), right of publicity, or other intellectual property right(s) that you claim are being infringed;
Identification of the allegedly infringing material that you request to be removed, including a description of the specific location (i.e. URLs) on the Service of the allegedly infringing material, so that we can locate the material;
Your contact information: your full legal name (not a pseudonym), your email address, mailing address, registration numbers for your intellectual property, contact phone number. A statement containing all of the following:
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law.
A statement that the information in the notification is accurate; and A statement, made under penalty of perjury, that you are authorized to act on behalf of the owner of the intellectual property rights allegedly being infringed.
Your physical or electronic signature (of your full legal name).
Please note that we will send your intellectual property infringement notification, including your contact information, to the party that will remove your content so that they understand why it is no longer available on FRQTAL and can also contact you to resolve any disputes between users.
23;- Communication Preferences By creating an Account, you agree to receive electronic communications from FRQTAL (e.g., via email, push notifications, text messages, or other types of messages). These communications may include notices about your Account (e.g., transaction information, etc.) and are part of your relationship with us. We may also send you promotional communications via email that we believe may be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and may opt out of receiving these communications through the Service or through your mobile device operating system (with the possible exception of important service announcements and administrative messages) by following the instructions to unsubscribe.
24.- Advertising by users on FRQTAL The user who advertises through FRQTAL must adhere to the following guidelines:
If you post or upload to your Creator account a video content designed to promote, directly or indirectly, goods, services, or images of third parties in exchange for payment, other valuable consideration, or for self-promotion purposes (including advertising, sponsorship, and product placement) (collectively, "Advertising Content"), you must comply with the requirements set out in subparagraphs (b) and (c) of this section.
Requirements
Advertising Content: You must ensure that any Advertising Content you post on your Creator account does not:
Undermine respect for human dignity;
Incluya o promueva la discriminación por razón de sexo, origen racial o étnico, nacionalidad, religión o creencias, discapacidad, edad u orientación sexual:
Include or promote discrimination on the grounds of sex, race, ethnicity, nationality, religion or beliefs, disability, age, or sexual orientation.
Encourage harmful behavior to health or safety.
Encourage behavior that is seriously detrimental to environmental protection.
Causing physical, mental, or moral harm to any person.
Directly urging people to buy or rent goods or services in a way that exploits their inexperience or credulity.
Directly inciting people to persuade others to buy or rent goods or services.
Exploiting people's trust in others.
Incite directly people to persuade others to buy or rent goods or services;
Exploit people's trust in others; or Unjustifiably show people in dangerous situations;
Not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs or any prescription-only medicines.
Do not advertise, promote, or facilitate illegal gambling, and Regarding any Advertising
Content for alcoholic beverages, it is not targeted to minors and does not encourage excessive consumption of alcohol.
Transparency requirement - Advertising content: You must disclose that any Advertising Content you post or upload to FRQTAL contains advertising by including the hashtag #ad in the caption of the Advertising Content prior to posting or uploading it.
FRQTAL reserves the right to remove, suspend, or limit any advertising or creation that has the intention or appears to have an advertising intention or that violates any of the provisions contained in this section.
25 .- Application Conditions
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services needed to download, install, and use the application. We do not guarantee that the FRQTAL application can be accessed and used on a particular device or with a specific service plan. We do not guarantee that the Application or the Service is available in a particular geographic location.
The following terms and conditions apply to you only if you use the App from the online application stores at the time of download. To the extent that the other terms and conditions of these Terms are less restrictive than the terms and conditions of this paragraph, or conflict with them, the more restrictive or conflicting terms and conditions of this paragraph shall apply, but only with respect to your use of the App. You acknowledge and agree that these Terms and Conditions are solely between you and FRQTAL, not Apple, Google, or any other online application store. And that these stores have no responsibility. Your use of the App must comply with the applicable terms of use of the online stores. You acknowledge that online stores have no obligation to provide maintenance and technical support services with respect to the App. You acknowledge that ONLINE STORES are not responsible for addressing any claims of yours or any third party related to the Application or your possession and/or use thereof, including, but not limited to (a) product liability claims, (b) any claim that the App fails to comply with any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You acknowledge that, in the event that a third party claims that the Application or its possession and use infringes the intellectual property rights of such third party, FRQTAL shall be solely responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claim BETWEEN USERS to the extent required by these Conditions. You must comply with the terms of the applicable third-party agreement when using the App.
26.- Royalty generation for creators:
FRQTAL is not capable of making "payments". The platform operates through a protocol called PROOF OF CONTENT for the generation of monthly royalties for the duration of the protocol or until the coins for mining within it run out.
Proof of Content consists of verifying with an FNFT that you are participating within the ecosystem by adding liquidity to the protocol when selling it within the application. This way, you are proving your participation and through smart contracts that self-execute with pre-established rules in the code, you are rewarded for helping the protocol execute and validate transactions with royalties.
By accepting the Terms and Conditions for Users, you are agreeing that the generation of royalties does not depend on FRQTAL, but on the protocol called Proof of Content. The royalties will be deposited monthly into FRQTAL's native wallet (which will be located within the application), until the coins for mining within the protocol run out.
27.- Indemnification By accepting these Terms and Conditions and accessing the Service, you agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless FRQTAL and our respective employees, officers, directors, contractors, consultants, shareholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, past, present, and future agents, representatives, predecessors, successors, and assigns (individually and collectively, the "FRQTAL Parties") from and against any and all actual or alleged claims, damages and liabilities, settlements, judgments, losses, obligations, penalties, interests, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, settlement costs, and the costs of seeking indemnification and insurance), of any kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether based on tort, contract, or any other legal or equitable theory (collectively, "Claims"), including, but not limited to, damages to property or personal injury, arising from, related to, or in connection with (a) your use or misuse of the Service, content, or content linked or associated with any FNFTs, (b) any Comment you provide, (c) your violation or breach of any Term or Condition or applicable law, and (d) your violation of any third party rights or obligations, including another user or third party, and (e) your negligence or intentional misconduct. You agree to promptly notify FRQTAL of any such claims and to cooperate with the FRQTAL Parties in the defense of such claims. You also agree that the FRQTAL Parties will have control of the defense or settlement of any Claims. THIS INDEMNIFICATION IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNIFICATION SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND FRQTAL.
28.- Disclaimer of Warranties YOUR ACCESS AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND FRQTAL EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FRQTAL (AND ITS SUPPLIERS) MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL LIABILITY WHETHER THE SERVICE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. FRQTAL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FRQTAL SHALL NOT BE LIABLE FOR ANY LOSS OF ANY KIND RESULTING FROM YOUR USE OF ANY MATERIAL OR INFORMATION, CONTAINED IN THE SERVICE. ALTHOUGH FRQTAL ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT LINKED OR ASSOCIATED WITH ANY FNFTs, OR ANY FNFTs YOU INTERACT WITH USING OUR SERVICE OR THE SERVERS OF OUR SERVICE PROVIDERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE FRQTAL PARTIES OR ELSEWHERE, SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY
29.- Assumption of Risks
You accept and acknowledge:
The value of an FNFT is subjective. The prices of FNFTs are subject to volatility and fluctuations in the price of cryptocurrency may materially and negatively affect the prices of FNFTs. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.
The lack of use or public interest in the creation and development of distributed ecosystems could have a negative impact on the development of such ecosystems and related applications, and therefore could also have a negative impact on the potential utility of FNFTs.
The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrencies, and other cryptocurrency-based elements is uncertain, and new regulations or policies may adversely affect the development of the Service and the utility of FNFTs.
You are solely responsible for determining which taxes apply to your transactions, if any. FRQTAL is not responsible for determining the taxes that apply to your FNFTs.
There are risks associated with purchasing items associated with third-party-created content through peer-to-peer transactions, including, but not limited to, the risk of purchasing counterfeit items, mislabeled items, items vulnerable to metadata decay, items in smart contracts with errors, and items that may become non-transferable. You represent and warrant that you have researched sufficiently before making any decision to sell, obtain, transfer, or otherwise interact with any FNFT or account/collection or user.
We do not control the public blockchains with which you interact, and we do not control certain smart contracts and protocols that may be an integral part of your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible, and FRQTAL has no ability to reverse any transaction on the blockchain.
There are risks associated with the use of the Internet and blockchain-based products, including, among others, the risk associated with hardware, software, and Internet connections, the risk of introducing malicious software, and the risk of third parties gaining unauthorized access to your wallet or third-party account. You agree and acknowledge that FRQTAL will not be responsible for any communication failure, interruption, error, distortion, or delay that you may experience while using the Service or any Blockchain network, regardless of its cause.
The Service relies on third-party platforms and/or providers. If we are unable to maintain a good relationship with such platform and/or vendor providers; if the terms and conditions or prices of such platform and/or vendor providers change; if we violate or are unable to comply with the terms and conditions of such platform and/or vendor providers; or if any of such platform and/or vendor providers lose market share or fall out of favor or are unavailable for an extended period of time, access to and use of the Service will be affected.
FRQTAL reserves the right to hide collections, contracts, and items affected by any of these issues or others. Items you purchase may become inaccessible on FRQTAL. Under no circumstances will the inability to view items on FRQTAL or the inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchain serve as a basis for a claim against FRQTAL.
If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF ANY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. BY SIGNING THIS RELEASE, YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER LEGAL OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.
30.- Limitation of Liability TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT SHALL FRQTAL OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER BASED ON STRICT LIABILITY, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE AND EVEN IF FRQTAL OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, USE OR PERFORMANCE OF THE SERVICE. YOUR ACCESS AND USE OF THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL FRQTAL'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, ACCESS AND USE OF THE SERVICE, CONTENT, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THIS LIMITATION MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
31.- Privacy Policy Please refer to our Privacy Policy for information on how we collect, use, and share your personal data. By submitting personal data through our Service, you agree to the terms of our Privacy Policy and expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.
32.- Modifications to the Service We reserve the right, at our sole discretion, to modify, suspend, or discontinue, temporarily or permanently, the Service (or any feature or part thereof) at any time and without liability therefor.
33.- Arbitration Agreement This agreement obligates you to arbitrate disputes with FRQTAL and limits the way you can seek our help. This section does not regulate disputes between users or between users and third parties. FRQTAL does not provide dispute resolution services for such disagreements and parties must resolve those disputes directly.
Applicability of the Arbitration Agreement. You agree that any dispute, controversy or claim related in any way to your access or use of the Service, any product sold or distributed through the Service, or any aspect of your relationship with FRQTAL, will be resolved through binding arbitration, instead of in court, including issues of arbitrability of such dispute, controversy or claim, except that (1) you or FRQTAL may assert claims in a small claims court, but only if the claims qualify, the claims stay in that court, and the claims remain on an individual, non-representative, and non-class basis; and (2) you or FRQTAL may seek injunctive or equitable relief in a court of competent jurisdiction if the claim is related to intellectual property infringement or other misuse of intellectual property rights.
Dispute Resolution Process. Both you and FRQTAL agree to make good faith efforts to resolve disputes before either party initiates an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution to: FRQTAL Blvd. Atlixcáyotl 1499, Reserva Territorial Atlixcáyotl, (City Angelopolis), Floor 6 Tower B, 72190, San Andrés Cholula, Puebla, Mexico. Both parties agree to meet and consult in person, by phone, or by video conference (hereinafter, "Conference") to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expense of arbitration or, where applicable, litigation. If you are represented by an attorney, your attorney may also participate in the Conference, but you agree to fully participate in it. Similarly, if FRQTAL is represented by an attorney, their attorney may also participate in the Conference, but FRQTAL agrees that a representative of the company will fully participate in the Conference. Statutes of limitation and filing deadlines will be suspended while the parties engage in the informal dispute resolution process and the Conference required by this paragraph. If the parties do not reach an agreement to resolve the dispute within thirty (30) days of the start of this dispute resolution process, either party may initiate an arbitration, file a claim in a small claims court, or file a demand for injunctive or equitable relief in a court of competent jurisdiction for matters related to intellectual property infringement, if the claims qualify.
To initiate an arbitration proceeding after participating in the dispute resolution process, you must send a letter requesting arbitration and describing your claim to our registered agent at FRQTAL, Blvd. Atlixcáyotl 1499, Reserva Territorial Atlixcáyotl, (City Angelopolis), Floor 6 Tower B, 72190, San Andrés Cholula, Puebla, Mexico.
The arbitration will be conducted by BEIION CONSULTING AND BUSINESS S.C. WITH RFC: BCB131010QM9, with address at CALLE QUINTO RETORNO DEL CIRCUITO DE OSA MENOR No. 2 - 3a RESERVA TERRITORIAL ATLIXCAYOTL, SAN ANDRES CHOLULA, PUE. C.P. 72810
arbitration@beiion.com
YOU AND FRQTAL HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. INSTEAD, YOU AND FRQTAL ELECT THAT ALL CLAIMS AND DISPUTES BE RESOLVED THROUGH ARBITRATION. AN ARBITRATOR CAN AWARD INDIVIDUAL DAMAGES AND RELIEF THAT A COURT CAN, AND MUST FOLLOW THESE TERMS AS A COURT WOULD. HOWEVER, THERE IS NO JUDGE OR JURY IN ARBITRATION, AND REVIEW OF AN ARBITRATION AWARD IS LIMITED.
YOU AND FRQTAL AGREE TO WAIVE THE RIGHT TO A CLASS ACTION OR TO CONSOLIDATED ARBITRATION. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS OR CONSOLIDATED WITH ANY OTHER USER, PERSON, OR ENTITY'S CLAIMS. AN ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED WITHOUT THE CONSENT OF ALL PARTIES AFFECTED IN AN ARBITRATION PROCEEDING. IF A DECISION IS MADE STATING THAT APPLICABLE LAW PROHIBITS ENFORCEMENT OF ANY PART OF THIS SUBSECTION AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM MUST BE SEVERED FROM THE ARBITRATION AND BROUGHT INTO A COURT OF COMPETENT JURISDICTION LOCATED IN PUEBLA CITY, PUEBLA STATE, MEXICO. ALL OTHER CLAIMS SHALL BE ARBITRATED.
SEVERABILITY. EXCEPT AS PROVIDED IN THIS SECTION, IF ANY PART OR PARTS OF THIS ARBITRATION AGREEMENT ARE FOUND TO BE INVALID OR UNENFORCEABLE UNDER APPLICABLE LAW, SUCH SPECIFIC PART OR PARTS SHALL BE OF NO FORCE AND EFFECT AND SHALL BE SEVERED, AND THE REMAINDER OF THIS ARBITRATION AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
SURVIVAL OF AGREEMENT. THIS ARBITRATION AGREEMENT WILL SURVIVE THE TERMINATION OF YOUR RELATIONSHIP WITH FRQTAL.
IF FRQTAL MAKES ANY MATERIAL CHANGES TO THIS ARBITRATION AGREEMENT IN THE FUTURE, YOU MAY REJECT SUCH CHANGE WITHIN THIRTY (30) DAYS OF SUCH CHANGE BECOMING EFFECTIVE BY WRITING TO FRQTAL AT THE FOLLOWING ADDRESS: FRQTAL, BLVD. ATLIXCÁYOTL 1499, RESERVA TERRITORIAL ATLIXCÁYOTL, (CITY ANGELOPOLIS), FLOOR 2 TOWER B, 72190, SAN ANDRÉS CHOLULA, PUEBLA, MEXICO.
34.- AUTHORITY OF ARBITRATOR. THE ARBITRATOR WILL HAVE EXCLUSIVE AUTHORITY TO (A) DETERMINE THE SCOPE AND APPLICABILITY OF THIS ARBITRATION AGREEMENT AND (B) RESOLVE ANY DISPUTE RELATED TO THE INTERPRETATION, APPLICABILITY, ENFORCEABILITY, OR FORMATION OF THIS ARBITRATION AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY CLAIM THAT ALL OR ANY PART OF THIS ARBITRATION AGREEMENT IS VOID OR VOIDABLE. THE ARBITRATION WILL DECIDE THE RIGHTS AND LIABILITIES, IF ANY, OF YOU AND FRQTAL. THE ARBITRATION PROCEEDING SHALL NOT BE CONSOLIDATED WITH ANY OTHER MATTERS OR JOINED WITH ANY OTHER CASES OR PARTIES. THE ARBITRATOR WILL HAVE THE AUTHORITY
35.- Applicable Law and Jurisdiction These Terms and your access to and use of the Service will be governed, interpreted, and enforced in accordance with the laws of the State of Puebla (without regard to its rules or principles of conflict of laws, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration or that cannot be addressed in a small claims court, shall be resolved in the state or federal courts of the State of Puebla, in the United Mexican States, respectively.
36.- Termination If you breach any provisions of these Terms and Conditions, all licenses granted by FRQTAL will automatically terminate. Additionally, notwithstanding anything contained in these Terms and Conditions, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any portion thereof) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you shall not be entitled to a refund of any amount already paid to us.
37.- Severability If any term, clause, or provision of these Terms is held to be invalid or unenforceable, such term, clause, or provision will be severed from these Terms and will not affect the validity or enforceability of any remaining portion of such term, clause, or provision, or any other term, clause, or provision of these Terms.
38.- Injunctive Relief You agree that a breach of these Terms and Conditions will cause irreparable harm to FRQTAL for which monetary damages would not be an adequate remedy, and FRQTAL shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without bond, other security, or proof of damages.
39.- Export Laws You agree not to export or re-export, directly or indirectly, the Service, and/or any other information or materials provided by FRQTAL pursuant hereto, to any country for which the United Mexican States or any other relevant jurisdiction requires an export license or other governmental approval at the time of export, without first obtaining such license or approval. In particular, but without limitation, the Service may not be exported or re-exported (a) to any country embargoed by the United Mexican States or to any country that has been designated by the United Mexican States Government as a "terrorist-supporting" country, or (b) to any person listed on any of the United Mexican States Government's prohibited or restricted parties lists, including the United Mexican States Treasury Department's Specially Designated Nationals List or the United Mexican States Commerce Department's Denied Persons List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You are responsible and agree to comply, at your own expense, with all export laws and regulations of the United Mexican States.
40.- Survival All sections that by their nature should survive the termination of these Terms and Conditions shall remain in full force and effect after and despite any termination of these Terms and Conditions by FRQTAL or you. Termination shall not limit any of FRQTAL's other rights or remedies in law or equity.
41.- Miscellaneous These Terms and Conditions constitute the entire agreement between you and FRQTAL with respect to your access and use of the Service. These Conditions, as well as the rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of FRQTAL, and the failure of FRQTAL to enforce any right or provision under these Conditions shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section titles used herein are for convenience only and shall not be given any legal effect. The Service is operated by us in the United Mexican States. Those who choose to access the Service from locations outside the United Mexican States do so on their own initiative and are responsible for compliance with applicable local laws. You and FRQTAL agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to the interpretation or construction of these Terms and Conditions. Unless otherwise stated, these Terms and Conditions are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
ACCEPTABLE USE POLICY
BY USING OUR WEBSITE, PRODUCTS, OR SERVICES, YOU AGREE TO THIS POLICY - PLEASE READ IT CAREFULLY
This policy applies to your use of FRQTAL and all content on FRQTAL and is part of your agreement with us. This policy sets out what is and is not allowed on FRQTAL. In this Policy, defined terms have the same meaning as in our Terms of Use for all Users.
Do not use FRQTAL except for your own personal use and do not sell, rent, transfer, or share your account or any content obtained from your use of FRQTAL with anyone else.
Only use FRQTAL in a manner and for a purpose that is legal.
Do not upload, submit, display, or post Content on FRQTAL that is illegal, fraudulent, defamatory, hateful, discriminatory, threatening or harassing, or that encourages or promotes violence or any illegal activity.
Do not use FRQTAL in any way that may exploit, harm, or attempt to exploit or harm any person under 18 years of age, for example by exposing them to inappropriate content.
Do not upload, submit, display, or post Content on FRQTAL that:
shows, includes, or refers to: any individual under the age of 18 (or refers to individuals under the age of 18 in general);
or any other individual, unless you have written documentation confirming that all individuals shown
or included or referred to in your Content are over the age of 18, and you have written consent from each individual to use their name or images (or both) in the Content.
shows, promotes, advertises or refers to: firearms,
weapons, or any goods whose sale, possession, or use is subject to prohibitions or restrictions;
Drugs or drug paraphernalia
self-harm or suicide.
incest;
bestiality;
violence, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic abuse or hard bondage, extreme fisting, or genital mutilation
necrophilia
Material related to urine, scatology, or excrement;
"revenge porn" (being any sexually explicit material featuring any person who has not given prior, express, and fully informed consent for that material to be (a) taken, captured, or otherwise recorded, or (b) published and shared on FRQTAL);
Escort services, sex trafficking, or prostitution;
Contains unsolicited sexual content or unsolicited language that sexually objectifies another user or any other person without consent, or contains false or manipulated sexual content related to another user or any other person (including "deepfakes").
Contains, promotes, advertises or references incitement to hatred (being Content intended to humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear or violence against a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious illness, veteran status, or any other protected characteristic).
Contains or references personal data or private or confidential information of another person (such as phone numbers, location information (including street addresses and GPS coordinates), names, identification documents, email addresses, access credentials to FRQTAL including passwords and security questions, financial information including bank account and credit card data, biometric data, and medical histories) without the express and written consent of that person.
In the case of content featuring public nudity, it was recorded or broadcasted from a country, state, or province where public nudity is illegal; or
In the case of content featuring sexual activities, it was recorded or broadcasted from a public place where it is reasonably likely that members of the public will see the activities taking place (this does not include outdoor locations where there are no members of the public, such as a private backyard, or secluded areas in nature where there are no members of the public).
Give the impression that it comes from or is approved, authorized, or endorsed by us or any other person or company.
cause or be calculated to cause annoyance or anxiety to any other person or that may disturb, embarrass, or cause serious offense to any other person.
be used or intended to be used to obtain money or other benefits from another person in exchange for the removal of the Content; and/or
Imply or promote third-party commercial activities or sales, such as contests, sweepstakes, and other sales promotions, product placement, advertising, or job postings without our prior express consent.
Must comply with the requirements established in our Community Guidelines. Our Community Guidelines can be found here.
Do not use FRQTAL to harass, stalk, abuse, threaten, or intimidate anyone.
Do not use FRQTAL to carry out deceptive conduct or that could mislead or deceive any other user.
Respect the intellectual property rights of Creators, including not recording, reproducing, sharing, communicating to the public, or otherwise distributing their Content without authorization.
Do not do anything that violates our rights or those of others, including intellectual property rights (examples of which are copyright, trademarks, confidential information, and goodwill), personality rights, unfair competition, privacy, and data protection rights.
Do not impersonate us, one of our employees, another User, or any other person or company, nor falsely declare or suggest any affiliation, endorsement, or sponsorship between you and us or any other person or company.
Do not provide false information for account registration or make unauthorized use of someone else's information or Content.
Do not post or cause to be posted any Content that is spam, intended or having the effect of artificially increasing the views or interactions of any Creator, or otherwise inauthentic, repetitive, misleading, or of low quality.
Do not use other means or methods (such as the use of keywords or signals) to communicate something that violates this Policy.
Do not reproduce, print, distribute, attempt to download, modify, create derivative works, publicly display, publicly perform, re-publish, download, store or transmit any Content, except as permitted by the Terms of Service.
Do not knowingly introduce any viruses, trojans, worms, logic bombs, or other material into the Content that is or may be malicious or technologically harmful.
Do not decompile, disassemble, reverse engineer or attempt to discover or derive the source code of FRQTAL.
Do not use FRQTAL in a way that may negatively affect our systems or security or interfere with any other user's use of FRQTAL, including their ability to participate in real-time activities through FRQTAL.
Do not use any program, tool, or automated process (such as web crawlers, robots, bots, spiders, and automated scripts) to access FRQTAL or any server, network, or system associated with FRQTAL, or to extract, scrape, collect, harvest, or gather Content or information from FRQTAL.
Do not use the name of FRQTAL, the logo, or any related or similar name, trademarks, product and service names, designs, or slogans, except in the limited ways expressly permitted in the Terms of Service or with our prior written agreement.
The violation of this policy may result in the suspension or cancellation of your account and the revocation of access to your earnings, as set forth in the terms and conditions of service.
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CLAIMS POLICY
Introduction: This document sets out our claims policy. If you are a user of FRQTAL, this claims policy is part of your agreement with us.
Who we are and how to contact us: FRQTAL APP SAPI de CV We are registered in Puebla Mexico, with tax ID number ------ and our registered office is located at Boulevard Atlixcayotl No.1499, (City Angelopolis), 72190 Puebla, Mexico.
Si no puede ponerse en contacto con nosotros por correo electrónico, escríbanos a la siguiente dirección Boulevard Atlixcayotl No.1499, (City Angelopolis), 72190 Puebla, Mexico
Interpretation: In this Claims Policy, the defined terms have the same meaning as given to them in the Terms of Use for all Users. Additionally, the term "working days" means any day that is not a Saturday, Sunday, or holiday in England. Who can use this claims policy? Whether you are a FRQTAL user or not, you can use this Claims Policy to inform us of any complaint you have related to FRQTAL. How to submit a complaint: If you have a complaint about FRQTAL (including any complaint about the Content appearing on FRQTAL or the conduct of a User), please send your complaint to support@frqtal.org including your name, address, contact details, a description of your complaint, and if your complaint relates to Content, the URL of the Content your complaint refers to.
How we will handle claims for illegal or non-consensual content: Upon receipt of your complaint regarding illegal or non-consensual content as per section 5 above:
we will take appropriate measures to investigate your claim within a timeframe suitable to its nature;
We will investigate your complaint in good faith within seven (7) business days;
if we need further information or documents from you, we will contact you to let you know.
If we are convinced that the Content is illegal or not consented to, we will immediately remove such Content and notify you of our decision by email or other electronic message.
If we are convinced that the Content is not illegal or not consented to, we will notify you of our decision by email or other electronic message
How we will handle other complaints: After receiving other complaints (including those related to other violations of our Acceptable Use Policy) as outlined in section 5 above:
we will take appropriate measures to investigate your claim within a reasonable timeframe based on its nature.
If we need more information or documents from you, we will contact you to let you know; we will take in good faith the appropriate measures we deem necessary to resolve the issue raised by your complaint.
If you have complained about Content appearing on FRQTAL and we are convinced that the Content violates our Acceptable Use Policy, we will act quickly to remove such Content.
We are not obligated to inform you of the outcome of your complaint.
Unjustified or abusive complaints: If you are a user of FRQTAL, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy that is wholly unjustified, abusive or made in bad faith. If we determine that you have breached this warranty, we may suspend or cancel your user account.
Failure to comply with this policy may result in the suspension or cancellation of your account and the revocation of access to your earnings, as set forth in the terms and conditions of service.
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PRIVACY POLICY
1.- This document establishes our privacy policy, as part of the FRQTAL community, therefore the guidelines established in these policies are adaptable to you and the information you provide us.
2.- All information requested or required by FRQTAL is completely indispensable and necessary to fulfill the purposes of FRQTAL, which is requested and processed in compliance with the current laws and treaties of Mexico, therefore the user agrees to the treatment and use of their information for the purposes that FRQTAL deems appropriate, for which the information that the user provides to FRQTAL must be true.
3.- The user may at any time exercise their ARCO rights (access, rectification, cancellation, and opposition) regarding their information that is safeguarded in FRQTAL; in the PRIVACY NOTICE, the guidelines and forms by which the user may access the ARCO rights will be found, which are located on the official website www.frqtal.org.
4.- FRQTAL is committed to safeguarding and processing the information requested from its users, collaborators, and workers, therefore, it creates necessary actions and mechanisms to protect, safeguard, and adequately treat such information, as well as to stay updated on the novel ways and mechanisms that could provide greater security in such treatment and safeguarding.
5.- FRQTAL is committed to informing users of any incident or attack that falls on the information it safeguards, as well as the scope and solutions it takes to mitigate possible damages caused.
6.- FRQTAL will create and continuously update manuals containing measures and policies regarding information security.
7.- FRQTAL will continuously train its staff and monitor the proper implementation of measures and policies regarding information security.
8.- FRQTAL users may remain anonymous by creating a username or pseudonym known to third parties, as long as they do not violate the terms and conditions or any of FRQTAL's established policies. If an authority, by court order or express law, requires the user's information, it will be provided, and FRQTAL will not be responsible to the user or third parties.
9.- In fulfilling its obligations, FRQTAL is required to provide user information to authorities who request it, or by mandate of law. In such cases, FRQTAL is obligated to comply with the express provisions requiring such information, which does not violate users' privacy. Similarly, in the case of unusual or peculiar behavior, FRQTAL is obliged to notify the corresponding authorities by providing a detailed report of the user's operations or behavior on FRQTAL or with third parties.
10.- These policies may be modified without prior notice to improve the service provided.
Non-compliance with this policy may result in the suspension or cancellation of the user's account and the revocation of access to their earnings, as established in the terms and conditions of service.
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