Wownero

1. Introduction

These Website Terms of Use (these "Terms" or this "Agreement") are a contract between you and the company that operates StonkFun, a corporation (together with its affiliates, successors, and assigns, "StonkFun," "we," "our," or "us") (you and StonkFun each, a "Party," and together, the "Parties") and govern your access to and use of the website located at https://stonkfun.xyz/ and all related pages and components (the "Website"), and such other content, features, and online services provided by StonkFun through the Website from time to time (collectively, the "Services"). StonkFun's legal name and registered address are available on request by direct message to the StonkFun X account (@launchonsf) to any person with a legitimate need, including for the purpose of bringing or defending a legal proceeding.

By accessing or using any portion of the Services, you agree to comply with and be bound by these Terms and any materials expressly incorporated herein. If you do not agree to these Terms, you are not authorized to access or use the Services and should not use the Services.

2. Amendments to this Agreement

StonkFun reserves the right to amend this Agreement and/or any policies that govern the Services from time to time and in our sole discretion. Any changes will be effective immediately upon posting of the revisions to the Website, and you waive any right you may have to receive specific notice of such changes or modifications. By continuing to use the Services after any changes are posted, you agree to be bound by those changes. If you do not agree to the changes, you must stop using the Services.

3. Informational Purposes Only; No Offer; Regulatory Status

The Website describes a business and products that StonkFun has developed, including the StonkFun launchpad, a frontend, API, and software application that allows users to launch tokens and interact with related protocol mechanisms. As of the date of these Terms, StonkFun is not registered, designated, or licensed by the U.S. Commodity Futures Trading Commission (the "CFTC") or any other regulatory authority. StonkFun makes no representation that any such registration or designation will be obtained, or as to the timing, structure, or features of any future products or services.

All content on the Website is provided for general informational purposes only. Nothing on the Website constitutes, and nothing on the Website should be relied upon as: (a) an offer to sell, or a solicitation of an offer to buy, any security, futures contract, swap, derivative, or other financial instrument or product in any jurisdiction; (b) a recommendation, solicitation, or inducement to engage in any trading or investment activity or strategy; (c) investment, legal, tax, accounting, or other professional advice; or (d) a representation that any product or service described on the Website is or will be available in any jurisdiction, or available to you. Statements on the Website regarding StonkFun's plans, intentions, expectations, or anticipated products are forward-looking in nature, are subject to change without notice, and may never be realized.

You are solely responsible for evaluating the information presented on the Website and for any decision you make in reliance on it. You should consult your own professional advisers before taking, or refraining from, any action on the basis of content appearing on the Website.

4. Eligibility

The Services are intended for use by persons acting in a business or professional capacity. In connection with your access to and use of the Services, you represent and warrant that you are at least 18 years old, or the minimum legal age deemed capable of forming a binding contract with StonkFun in your jurisdiction. If you are accessing or using the Services on behalf of a legal entity or other organization, you represent and warrant that you are authorized to agree to these Terms on behalf of that entity or organization and that you have the power and authority to bind that entity or organization to these Terms. The Website is not directed to children, and persons under 13 years old may not use the Services.

You represent and warrant to StonkFun that you are not a "Restricted User," which is any individual, legal entity, or organization who or that is:

• a citizen or resident of, located in, or accessing or using the Services from the United States, Canada, or the United Kingdom;
• located in, under the control of, or a resident of any jurisdiction that is comprehensively sanctioned or embargoed by the United States, the United Nations, or the United Kingdom;
• a resident, national, or agent of Cuba, certain sanctioned areas of Russia and Ukraine (including without limitation, Crimea, the so-called region of Donetsk, the so-called region of Luhansk, and the so-called region of Zaporizhzhia), Democratic People's Republic of Korea (North Korea), Iran, or Syria;
• a citizen or resident of, located in, or organized in a jurisdiction where your access to or use of the Services would be illegal or violate applicable law; or
• subject to any export restriction, end-user restriction, anti-terrorism law, anti-money laundering law, economic sanction, financial sanction, or trade embargo imposed, administered, or enforced by the United States Department of the Treasury's Office of Foreign Assets Control, United States Department of State, United States Department of Commerce, United Nations Security Council, or any other applicable national, regional, provincial, state, municipal, or local law or regulation.

5. The Services

The Services currently consist of: (a) an informational and interactive website containing token and market data through which you may connect a third-party wallet; (b) APIs through which a visitor may then launch tokens; and (c) interfaces through which a visitor may swap tokens through Third Party Services and claim amounts that the Platform Mechanisms described below have made available to the wallet they connect.

The Services do not require registration and no user accounts are offered. Every visitor has access to the same content and functionality by connecting a third-party wallet, subject to Sections 4 and 10. The Services do not custody digital assets for users, transact on behalf of users, or guarantee any digital asset or transaction.

Tokens launched through the Services may carry a transfer tax, and pools created through the Services generate trading fees. StonkFun collects some of these amounts as platform revenue and may, at its sole discretion and from time to time, use some of them to make distributions to holders or creators of tokens (the "Rewards"), to purchase, burn, or otherwise use tokens (the "Buybacks," described on the Website as the Flywheel), or for any other purpose (collectively, the "Platform Mechanisms"). Platform Mechanisms are operated by StonkFun with its own funds, as described on the Website from time to time, and the disclaimers published on the Website for Rewards and for the Flywheel form part of these Terms. Platform Mechanisms are not an obligation owed to you; they create no account, balance, deposit, or claim in your favor; they are not an offer, a promise, or an expectation of any return; and they may be changed, paused, or ended at any time without notice. Any amount is yours only once it has been transferred to your wallet on the blockchain. StonkFun makes no representation as to the amount, timing, frequency, or continuation of any Rewards or Buybacks, or as to the effect of any Platform Mechanism on the price, liquidity, or value of any token.

We may change, supplement, suspend, or discontinue all or any part of the Services at any time, at our sole discretion and without notice.

6. Acknowledgement

Providing your acknowledgement to the Services (including by clicking "I Agree" or otherwise affirmatively accepting a similar mechanism) is entirely voluntary. Where such acknowledgment requires you to provide certain information, or where you provide information when launching a token, including a name, ticker, image, description, or links (collectively, a "Submission"), you represent and warrant that any Submission you make: (a) is truthful and accurate; (b) is yours to submit, and does not infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any third party; and (c) does not contain any content that is unlawful, defamatory, abusive, harassing, threatening, obscene, or otherwise objectionable, or any malicious code. No confidential, fiduciary, or other special relationship is formed between you and StonkFun by reason of any Submission, and StonkFun has no obligation to respond to, act upon, or retain any Submission. A Submission made when launching a token is published to the blockchain and to permanent public storage as part of the launch, and cannot be altered or deleted by StonkFun or anyone after that.

By providing you acknowledgment and making a Submission, you grant StonkFun a non-exclusive, worldwide, royalty-free license to use, reproduce, and process the Submission for the purposes of reviewing and responding to your enquiry, administering our relationship with you, operating and improving the Services, and, complying with applicable legal or contractual requirements.

7. Third Party Services

The Services incorporate or rely upon products, services, software, and infrastructure provided by third parties ("Third Party Services"), including third-party hosting infrastructure, the blockchain and its validators and third-party protocols, and associated website analytics and tracking technologies. When you view the Website, connect a wallet, or submit a transaction, information about you may be collected, received, stored, and processed by such third parties, and third-party code may load in your browser. The Website may also contain links to third-party websites or resources.

Third Party Services are governed by their providers' own terms and privacy policies, which we do not control. StonkFun does not endorse, is not responsible for, and makes no representation or warranty regarding any Third Party Service, including its availability, accuracy, security, or handling of your information. To the maximum extent permitted by applicable law, you waive and release StonkFun and its affiliates, and each of their respective officers, directors, employees, agents, and successors, from any and all claims, demands, and damages of every kind or nature arising out of or in any way related to your access to or use of, or your inability to access or use, any Third Party Service.

8. Intellectual Property Rights

StonkFun Materials

The Services and all of their contents, including without limitation website copy, text, design, layout, graphics, logos, brand assets, images, and any technical or product documentation published on the Website, and all software, code, and other materials used to provide the Services (collectively, the "StonkFun Materials"), are owned by StonkFun or its licensors and are protected by copyright, trademark, and other intellectual property laws. Certain components of the Services may be provided under open-source or other third-party licenses; nothing in these Terms grants you any right or license in any Third Party Service or third-party software.

Rights We Grant You

Subject to your compliance with these Terms, StonkFun grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Website and the StonkFun Materials solely for your own informational purposes. No other right or license is granted to you, whether by implication, estoppel, or otherwise.

Limitations on Use

Except as expressly permitted by these Terms or with StonkFun's prior written consent, you may not copy, reproduce, distribute, republish, download, display, post, transmit, sell, license, modify, create derivative works from, or otherwise exploit the StonkFun Materials, in whole or in part, in any form or by any means.

Reservation of Rights

StonkFun and its licensors reserve all rights not expressly granted to you in these Terms. Nothing in these Terms transfers any ownership interest in any StonkFun Materials to you.

Trademarks

"StonkFun," the StonkFun name, and all related names, logos, product and service names, designs, and slogans are trademarks of StonkFun or its affiliates or licensors, whether or not registered. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Copyright Complaints

If you believe that any content on the Website infringes your copyright or other intellectual property rights, please notify us through the StonkFun Telegram (t.me/stonkfunxyz) or X account (@launchonsf) with a description of the material, its location on the Website, your contact information, and a statement of your good-faith belief that the use is not authorized. We will review and respond to complaints as appropriate.

9. Prohibited Uses

You may access and use the Services only for lawful purposes and in accordance with these Terms. You agree that you will not, and will not attempt to:

• use the Services in any way that violates any applicable federal, state, local, or international law or regulation, or for any unlawful, fraudulent, or malicious purpose;
• use the Services to transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material, or any content described in Section 6 as prohibited in a Submission;
• impersonate or misrepresent your affiliation with any person or entity, including in any Submission;
• use any robot, spider, scraper, or other automated means to access the Services, or harvest or collect information from the Services, except through the public API and documentation StonkFun publishes for that purpose or with our prior written consent;
• introduce any virus, trojan horse, worm, logic bomb, or other malicious or technologically harmful material to the Services;
• attempt to gain unauthorized access to, interfere with, damage, disrupt, or overburden the Services, the servers on which the Services are hosted, or any server, computer, database, or network connected to the Services, including through denial-of-service attacks, rate abuse, or spam submissions;
• circumvent, disable, or otherwise interfere with any security-related feature of the Services, or any measure StonkFun uses to restrict access to the Services, including any block of an internet protocol address; or
• infringe, misappropriate, or violate the intellectual property or other rights of StonkFun or any third party in connection with your use of the Services.

10. Changes, Suspension, and Termination

StonkFun may, at its sole discretion and without notice or liability: (a) change, suspend, or discontinue all or any part of the Services; (b) restrict, block, or terminate any person's access to all or any part of the Services, including by blocking any internet protocol address or range; and (c) decline to respond to, or delete, any Submission. StonkFun may take any of these actions for any reason or no reason, including where StonkFun believes a person has violated these Terms, engaged in abusive activity, or created risk or possible legal exposure for StonkFun.

StonkFun will not be liable to you or to any third party for any change, suspension, discontinuance, restriction, or termination of the Services or your access to them. All sections of these Terms that by their nature should survive termination shall survive, including without limitation Sections 8 and 12 through 17.

11. Charges and Fees

The Services incur fees. StonkFun charges a fee for launching a token through the Services, at the rate and in the currency shown on the Website when you launch. Users pay trading fees on bonding curves and post-migration pools, tokens launched through the Services may carry a transfer tax, and Rewards distributions incur an operating cost, each at the rates shown on the Website from time to time. Fees paid to StonkFun are earned when the related transaction is submitted to the blockchain and are not refundable, except as StonkFun may determine in its sole discretion. You are responsible for all fees charged by third parties in connection with your access to the Services, including blockchain network fees and internet, data, and mobile carrier charges. StonkFun reserves the right to introduce or modify fees for any product or service prospectively at any time.

12. Warranty Disclaimer

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL STONKFUN, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MAN-IN-THE-MIDDLE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, THE WEBSITE, OR THE STONKFUN MATERIALS, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF STONKFUN THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES AND ANY SERVICES CONTENT IS AT YOUR SOLE RISK. THE SERVICES, THE STONKFUN MATERIALS, THE WEBSITE, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF STONKFUN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, IN NO EVENT WILL STONKFUN, ITS AFFILIATES, AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR, AND EXPLICITLY DISCLAIM, ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THE SERVICES, THE STONKFUN MATERIALS, OR ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF STONKFUN, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER STONKFUN, ITS AFFILIATES, AND SERVICE PROVIDERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, OR REPRESENTATIVES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, THE STONKFUN MATERIALS, AND/OR ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF STONKFUN.

STONKFUN, ITS AFFILIATES, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES DO NOT REPRESENT OR WARRANT THAT: (A) ACCESS TO THE SERVICES, THE STONKFUN MATERIALS, THE WEBSITE, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF STONKFUN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, WITHOUT DELAY, ERROR-FREE, SECURE, OR FREE FROM DEFECTS; (B) THE INFORMATION CONTAINED OR PRESENTED ON THE SERVICES, THE STONKFUN MATERIALS, OR THE WEBSITE IS ACCURATE, RELIABLE, COMPLETE, CONCISE, CURRENT, OR RELEVANT; (C) THE SERVICES, THE STONKFUN MATERIALS, THE WEBSITE, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF STONKFUN OR ANY SOFTWARE CONTAINED THEREIN WILL BE FREE FROM DEFECTS, MALICIOUS SOFTWARE, ERRORS, OR ANY OTHER HARMFUL ELEMENTS, OR THAT ANY OF SUCH WILL BE CORRECTED; OR (D) THE SERVICES, THE STONKFUN MATERIALS, THE WEBSITE, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF STONKFUN WILL MEET ANY USER'S EXPECTATIONS. NO INFORMATION OR STATEMENT THAT WE MAKE, INCLUDING DOCUMENTATION OR PRIVATE COMMUNICATION, SHOULD BE TREATED AS OFFERING ANY WARRANTY CONCERNING THE SERVICES, THE STONKFUN MATERIALS, OR THE WEBSITE, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF STONKFUN. WE DO NOT ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY CONTENT, ADVERTISEMENTS, OFFERS, STATEMENTS, OR ACTIONS BY ANY THIRD PARTY EITHER REGARDING THE SERVICES, THE STONKFUN MATERIALS, THE WEBSITE, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF STONKFUN. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL STONKFUN, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES, THE STONKFUN MATERIALS, THE WEBSITE, AND/OR ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF STONKFUN, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS DISCLAIMER OF LIABILITY EXTENDS TO ANY AND ALL DAMAGES CAUSED BY ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY FRAUD, DECEIT, OR MANIPULATION), WHETHER OR NOT A USER, OR ANY FAILURE, EXPLOIT, OR VULNERABILITY OF THE SERVICES, THE WEBSITE, THE STONKFUN MATERIALS, AND ANY PRODUCT, SERVICE, OR OTHER ITEM PROVIDED BY OR ON BEHALF OF STONKFUN.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF STONKFUN AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID DIRECTLY TO STONKFUN FOR THE APPLICABLE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to defend, indemnify, and hold harmless StonkFun, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Services, including any Submission you make; (c) your use of or reliance on any information obtained from the Services; and/or (d) your access to or use of any Third Party Service.

15. Dispute Resolution; Waiver of Class Action and Mandatory Arbitration

Waiver of Class Actions and Right to Jury Trial

To the extent permissible by law, any claim, controversy, or dispute arising out of or related to this Agreement, or any products or services provided in connection with the Services (each, a "Dispute") must be brought in your individual capacity, and not as a plaintiff or class member in any putative class, collective action, or representative proceeding (collectively, the "Class Action Waiver"). The arbitrator may not consolidate more than one person's claims or engage in any arbitration on behalf of a class. You agree that, by entering into this Agreement, you are waiving the right to a trial by jury and the right to participate in a class action.

Informal Resolution

Before filing a claim against StonkFun, you agree to try to resolve the Dispute by first contacting us through the StonkFun Telegram (t.me/stonkfunxyz) or X account (@launchonsf) with a description of your claim and the wallet address or transaction concerned. If we cannot resolve the Dispute within sixty days of our receipt of your first message, you or StonkFun may then submit the Dispute to binding arbitration as provided herein.

Binding Arbitration

All Disputes between you and StonkFun must be resolved by final and binding arbitration. By agreeing to binding arbitration, you and StonkFun expressly waive the right to formal court proceedings including without limitation trial by jury and class action.

In the event of a dispute between the Parties related to this Agreement or the breach thereof, the Parties shall participate in at least one (1) live or teleconferenced (i.e., using Zoom or a similar videoconferencing software that allows the Parties to communicate in real time) mediation session with an International Centre for Dispute Resolution ("ICDR") neutral. The Parties agree to participate in mediation in good faith and the Parties agree to share equally in the cost of such mediation. Should the Dispute not be settled within seven (7) days following the live mediation session, either Party may then commence a binding arbitration administered by the ICDR under its Commercial Arbitration Rules. A single arbitrator shall preside, and proceedings shall be conducted remotely to the maximum extent possible. Each Party shall pay its own expenses in such arbitration, including its attorneys' fees, subject to reapportionment by the arbitrator in a final award. The language of the arbitration shall be English. Any interim or provisional relief that would be available from a court of law shall be available in accordance with the rules of ICDR, however, nothing in this Agreement shall preclude the Parties from obtaining preliminary injunctive relief in a court of competent jurisdiction if necessary to prevent irreparable harm pending the conclusion of any arbitration. The final arbitration award may be confirmed in a court of competent jurisdiction and the Parties agree to waive any claim of improper venue or forum non conveniens. Except as may be required by law, neither party nor an arbitrator shall disclose the existence or content of any arbitration hereunder without the prior written consent of both parties, except that either party may disclose any final arbitration award unless both parties agree in writing to keep it confidential.

The prevailing Party in any legal proceeding brought by one Party against the other Party and arising out of or in connection with this Agreement shall be entitled to recover its legal expenses, including court costs and reasonable attorneys' fees.

Confidentiality

StonkFun, the arbitrator, and you will each maintain the confidentiality of any arbitration proceedings, judgments, and awards, including information shared and produced during the arbitration.

Arbitration Time for Filing

Any arbitration must be commenced by filing a demand for arbitration within one year after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. If a claim is not filed within such period, the Dispute is permanently barred.

Severability of this Section

If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall be severed from these Terms, and such severance of the provision(s) shall have no impact whatsoever on the remainder of this Section 15. Further, to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Lastly, if any provision in this Section 15 is found to prohibit an individual claim seeking public injunctive relief, such provision shall have no effect to the extent relief is allowed to be sought outside of arbitration. The remainder of this Section 15 shall remain in full force and effect.

Modification

Notwithstanding any term or provision in this Agreement to the contrary, you and StonkFun agree that if StonkFun makes any future material change to this Section 15, StonkFun will notify you. Your continued use of the Services following the posting of changes to this Section 15 constitutes your acceptance of any such changes.

16. Governing Law

The governing law of these Terms, and the seat of any arbitration under Section 15, will be stated here once designated. Until then, Section 15 applies as written, and any judicial proceeding permitted under these Terms may be brought in a court of competent jurisdiction.

17. Miscellaneous

Assignment

These Terms, and any other document, material, or information referenced herein, are particular to you, and any attempt that you make to assign, novate, or transfer your rights, interests, liabilities, and/or obligations is null and void, unless you have received StonkFun's prior written consent. StonkFun reserves the right to assign our rights without restriction, including without limitation to any of StonkFun's affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their successors and permitted assigns.

Term and Survival

This Agreement will remain in effect for as long as you access the Services. We reserve the right to change, suspend, discontinue, or terminate, restrict, or disable your use of or access to parts or all of the Services or their functionality at any time at our sole discretion and without notice. All sections of this Agreement that by their nature should survive termination shall survive termination.

Nonwaiver of Rights

StonkFun's failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

Severability

If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation, or by any governmental agency, whether local, state, or federal, such provision shall be interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law, and the validity or enforceability of any other provision of these Terms shall not be affected.

Force Majeure

You acknowledge and consent that the Services are provided by us according to our current technological capability and other business conditions. While we use commercially reasonable efforts to maintain the continuity and security of the Services, we are unable to completely foresee and hedge against all legal, technological, and other risks.

StonkFun shall not be held liable for delays, failure in performance, or interruption of Services that result directly or indirectly from any cause or condition beyond our reasonable control. Such instances include: (a) acts of God such as earthquakes, fires, cyclones, explosions, typhoons, monsoons, landslides, lightning, storms, tempests, pandemics, droughts, or meteors; (b) acts of war, whether declared or undeclared, including invasion, act of a foreign enemy, hostilities between nations, civil insurrection, or militarily usurped power, and acts of terrorism; (c) civil disorder, such as acts of a public enemy, malicious damage, terrorism, sabotage, or civil unrest; (d) embargoes or sanctions (such as confiscation, nationalization, requisition, expropriation, prohibition, restraint, or damage to property by or under the order of any government or governmental authority); (e) unnatural disasters, such as ionizing radiation or contamination by radioactivity from any nuclear waste or from combustion of nuclear fuel; (f) labor disputes, including strikes, blockades, lock-outs, or other industrial disputes; (g) failure of telecommunication outlets, including the internet, communications networks and facilities, or other infrastructure, systems, operations, or equipment relevant to the provision or use of the Services; (h) data breaches or data-processing failure or incomplete processing; and/or (i) changes in laws or regulations that may materially affect the commodities, derivatives, and/or financial technology industries (collectively, "Force Majeure Events").

Notice

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be posted online, in the Services, or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your use of the Services.

Privacy

To understand how StonkFun collects, uses, and shares information about you, please review our Privacy Policy, available in the site footer.

Third Party Beneficiaries

Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties and their successors and permitted assigns, any of the rights hereunder.

Entire Agreement

These Terms and every other term or provision applicable to you, including any document incorporated by reference herein, constitute the entire agreement and understanding between you and StonkFun as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind (including any prior versions of these Terms). Unless otherwise specifically stated, these Terms govern and control any conflict between these Terms and any other agreement you may have with StonkFun.

Translation

These Terms are set forth in the English language, and all communications, including any notices or information being transmitted, shall be in English. In the event that these Terms or any part of them are translated (for any proceedings, for your convenience, or otherwise) into any other language, the English language text of these Terms shall prevail.

18. Contact Information

If you have any questions about these Terms or the Services, please contact us through the StonkFun Telegram (t.me/stonkfunxyz) or X account (@launchonsf).