Effective Date: May 1, 2024
Welcome to Fursion!
Fursion is owned and operated by Fursion Laboratory LLC.
These are the terms and conditions for:
• https://fursion-lab.com
• https://fur.vip
The following terms and conditions apply to the website and services offered by Fursion. This includes any version of Fursion accessible via desktop, mobile, tablet, social media or other devices.
By using the website and services, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "platform", refer to Fursion’ website, "we", "us", "our", and "Fursion", refer to Fursion, and "you", and "user", refer to you, the Fursion user.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICES FROM THE PLATFORM.
This agreement sets forth the legally binding terms for your use of the platform and services provided by Fursion. By using the platform and services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use the platform and services. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modification to these terms and conditions when you use the platform and services after such modification is posted on the platform; therefore, it is important that you review this agreement regularly.
Fursion may, in its sole discretion, refuse to offer the services to any user and modify its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the platform and services is revoked in such jurisdictions.
By using the Platform and Services, you represent and warrant that you have full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.
By providing Fursion with your e-mail address, you agree that we may use your e-mail address to send you important notifications and communications about our services, news and special content. If you do not wish to receive these e-mails, you may opt-out of receiving them by sending us your request through our contact information or by using the "unsubscribe" option in the e-mails themselves. This option may prevent you from receiving emails about our services, important news and special content.
On the Fursion platform, each artist wishing to register must undergo a registration and verification process carefully designed to maintain authenticity and integrity in the creation and sale of artistic works. The process begins with the completion of an online form where the artist provides personal details such as full name, email address and phone number, along with a description of their artistic style and relevant experience.
To move forward in the process, Artists must upload documents confirming their identity, such as a valid photo ID. This may include a passport, driver's license, or any other official document. Additionally, they can submit documents that support their artistic career, such as diplomas of artistic studies or awards obtained.
Once all the information is submitted, the Fursion team meticulously reviews the documents to ensure that they are valid and correspond to a real and active person in the art field. This step is essential to prevent fraud and keep the platform safe for all users.
After a successful evaluation, the Artist receives an approval notification, which allows them to start uploading their artwork in NFT format, promote it, sell it or accept art commissions directly from the platform.
This rigorous registration and verification process is critical to ensuring that Fursion is a space where only legitimate Artists participate, providing an environment of trust and security for Artists and buyers alike.
To register with Fursion as an Artist you must complete the registration process and form available on the platform. You are responsible for maintaining the confidentiality of your account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Fursion of any unauthorized use of your account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without Fursion's prior authorization. Fursion will not be liable for any loss or damage arising from your breach of this agreement.
Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Fursion.
Fursion reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Fursion believes that you have violated any of these terms and/or have provided Fursion with false or misleading information.
Verified Artists have the ability to generate and publish digital content in the form of non-fungible tokens (NFTs), which can be sold, raffled, given away or auctioned on the blockchain. To ensure proper and responsible use of the platform, as well as the integrity of the NFTs marketplace, the following guidelines are established:
Once verified, Artists may create NFTs representing digital artwork, which must be original and of their own authorship. The creation and publication of works that infringe copyrights, trademarks or any other intellectual property rights belonging to third parties is strictly prohibited. The Fursion platform reserves the right to remove any content that violates these rules and, in serious cases, to suspend or terminate the account of the Artist involved.
Artists are free to decide the method of distribution of their NFTs on the platform, being able to opt for direct sale at a fixed price, conducting raffles among interested parties, offering the NFTs as promotional gifts, or organizing auctions. Fursion provides the necessary tools to manage these transactions, ensuring the transparency and reliability of the process.
Fursion implements blockchain technologies to record all NFTs transactions, thus guaranteeing the traceability and authenticity of the works. Each NFT issued on the platform will be accompanied by a digital certificate of authenticity that records the identity of the creator, the date of creation and the entire chain of ownership of the NFT.
In addition, Artists are expected to maintain ethical and professional behavior in all their interactions within the platform. This includes respect for other users, honesty in the representation of their work, and non-participation in activities that may manipulate NFT prices or unfairly alter the opportunities of other Artists or collectors on the platform.
By agreeing to these terms, Artists agree to comply with all local and international regulations relevant to digital commerce and intellectual property. Fursion actively acts to ensure that the platform remains a safe, fair and respectful space for the creativity and commerce of digital art.
verified Artists are empowered to create and market digital content in the form of non-fungible tokens (NFTs), using different methods of sale and distribution. These NFTs are registered and managed on the blockchain, ensuring their authenticity, traceability and security.
Artists can choose to sell their NFTs at a fixed price, where the price is set in advance and the buyer can purchase the NFT immediately at the listed price. Alternatively, Artists can choose to sell their work through a lottery, where users interested in the work are entered into a drawing for a chance to purchase the NFT. Another option available is to give away NFTs, which allows Artists to promote their work altruistically or as part of a marketing strategy to increase their visibility and followers.
In addition, Artists have the ability to auction their NFTs, allowing the market to determine the final price through competitive bidding. Auctioning can be an effective method for high-profile or high-demand works, providing an opportunity for Artists to get a fair valuation for their work based on market interest.
It is the Artist's responsibility to ensure that any content created and sold as NFTs on the Fursion platform does not infringe third party rights, including, but not limited to, copyrights, trademarks and other intellectual property rights. All NFTs must be original works of the Artist or, in the case of collaborations, must have clearly established and respected rights of all collaborators involved.
By creating and selling NFTs on Fursion, Artists agree that the platform acts as a facilitator in the creation, sale and transfer of these digital assets. Fursion is responsible for providing the technical infrastructure necessary for the minting of NFTs and their operation within the blockchain, but is not responsible for direct negotiations between Artists and buyers nor for the content of the works.
The Fursion platform reserves the right to remove NFTs or suspend accounts of Artists who violate established policies or engage in fraudulent activities. Artists, by accepting these conditions, agree to maintain a high standard of professionalism and legality in all their transactions and creations on the platform, thus contributing to an ethical and respectful digital commerce environment.
Verified Artists have the opportunity to accept and manage art commission requests on a personalized basis, allowing users to commission specific works based on their preferences and needs. This process allows Artists and users to discuss and come to an agreement on price, estimated delivery time and workflow prior to starting the project.
Once the user and Artist agree on the details of the project, including the scope of work and payment terms, the Fursion platform steps in to facilitate the creation and registration of the finished work as an NFT. This guarantees the authenticity of the work and provides a digital certificate of ownership that supports the authorization to use, trade or even sell the artwork authorization to another user on the platform.
It is the Artist's responsibility to ensure that the commissioned art does not infringe on third party rights and that all creations are original and unique to each commission. Fursion will be responsible for the technical verification and minting of the NFT, ensuring that copyright and intellectual property rights are respected.
The Artist is obliged to complete the work within the agreed deadline and according to the specifications discussed. In case of non-compliance, the platform may take action to ensure that the agreed terms are respected, including mediation between the parties and possible return of funds to the user.
Fursion charges a service fee for each transaction completed through the platform, which is a percentage of the agreed sale price. This fee contributes to the maintenance of the platform and the development of new tools and services that benefit the art community and collector users.
Artists and users must act in good faith and maintain a high level of professionalism throughout the process of negotiation and creation of the work. The platform provides a secure and regulated environment to ensure fair and transparent transactions, thus fostering a vibrant and dynamic marketplace for digital art and custom commissions.
Fursion establishes a service fee that applies to all transactions made by Artists to support and improve the infrastructure necessary for the efficient operation of the platform. Fursion will charge a 2% fee on the final price of each artwork or commission sold through the platform. This fee is automatically deducted from the amount received by the Artist at the time of each transaction.
This contribution covers the costs associated with maintaining the platform, including technological development, technical support, and transaction security, which is essential to ensure a safe and reliable experience for all users. In addition, it helps finance the generation of the NFTs that certify the authenticity and ownership of the works sold.
It is important that Artists consider this fee when pricing their artwork to ensure that the compensation they receive adequately reflects the value of their work. Fursion is committed to maintaining complete transparency in the application of this fee and to informing Artists of any changes to the fee policy well in advance.
Payments for art sales (NFTs) and commissions made will be credited to the Artist's Fursion account. This payment will be made after deduction of Fursion's applicable service fee and applicable taxes. It is important to note that service fees help cover the costs of operating and maintaining the platform, as well as developing new features and ensuring a secure experience for all users.
In addition, when the Artist decides to withdraw their funds, they should be aware that the third-party payment processor used for the transaction may also apply a service fee. These fees vary depending on the chosen processor and are the responsibility of the Artist.
Artists may request a withdrawal of their accumulated funds at any time through the procedure established on the Fursion platform. To initiate a withdrawal, the Artist must follow the steps specified in the withdrawal section of the user's account.
It is relevant to mention that, as part of Fursion's commitment to security and compliance with financial regulations, the platform may initiate a Know Your Customer (KYC) verification procedure at the time of a withdrawal. This procedure is essential to prevent fraud and ensure the security of transactions. During this process, the Artist may be required to provide additional documentation to verify his or her identity and residence.
To register with Fursion as a user, you must complete the registration process and form available on the platform. You are responsible for maintaining the confidentiality of your account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Fursion of any unauthorized use of your account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without Fursion's prior authorization. Fursion will not be liable for any loss or damage arising from your failure to comply with this agreement.
Users may cancel their accounts at any time and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data provided to Fursion.
Fursion reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Fursion believes that you have violated any of these terms and/or have provided Fursion with false or misleading information.
Users have the ability to post specific art commission requests, facilitating direct interaction with verified Artists to create custom artwork according to their preferences and needs. This collaborative process allows users and Artists to discuss and agree on the details of the project, including price, estimated delivery time and necessary workflow.
When a user and Artist reach an agreement on the terms of the project, including the details of the artwork and the cost, this agreement is formalized through the Fursion platform, which subsequently generates the final artwork as an NFT. This NFT confers the user the authorization to use, trade or even sell the authorization to use the artwork to other users on the platform.
It is important to note that all transactions and commission agreements on Fursion are final once the user accepts the artwork. Should any inconvenience or dissatisfaction arise with the work delivered, the user should contact the Artist directly to discuss and resolve the issue. The platform encourages the parties to resolve any dispute in a friendly and constructive manner.
In the event that the user considers that the work does not comply with what was agreed before final acceptance, he/she has the option to reject it. This rejection must be reasonably justified, specifying the discrepancies between the initial agreement and the finished work. Fursion provides a framework for these disputes to be handled fairly, ensuring that the rights of both parties are respected.
Fursion is committed to providing a space in which both Artists and users can interact safely and efficiently, promoting artistic creation and cultural exchange in a protected and regulated digital environment.
Users have the ability to pay commissions to Artists through a variety of payment methods that ensure security and reliability. To ensure accessibility and convenience for all users, accepted payment methods include credit or debit cards processed through Stripe, as well as Apple Pay and Alipay. These options allow users to make payments efficiently and securely.
When opting for one of these payment methods, the user must follow a set procedure that begins with the selection of the preferred payment method within the platform. Subsequently, the user will be directed through a payment verification and authorization process, managed by the chosen payment system. Each transaction is subject to the security and privacy regulations of the respective payment processor, ensuring that the user's financial information is handled with the highest level of security and confidentiality.
It is important to note that during the completion of a payment, additional transaction-related fees may apply. These fees are imposed by external payment processors and not by Fursion. Users must be informed of these fees and accept them before finalizing any transaction.
Fursion is committed to maintaining a high degree of clarity and transparency in the payment process, providing assistance to users who face any kind of inconvenience or have questions regarding the process. Additionally, the platform ensures the proper distribution of payments made to Artists, after deduction of the corresponding service fees and applicable taxes, thus guaranteeing that Artists receive fair remuneration for their work.
By using the payment services offered by Fursion, users agree to adhere to the terms and conditions set forth, including any requirements or limitations imposed by the payment processor. Fursion continues to strive to expand and improve the payment options available, with the goal of providing users and Artists with the best possible experience within the platform.
Users have the ability to sell content, including artwork and NFTs. To ensure the integrity and legality of transactions within the platform, the following conditions are established for the sale of content:
Users may sell content on Fursion only if it is verified that they are the rightful owner of the content or possess the necessary rights to sell it. Fursion reserves the right to require documentation or proof of ownership or copyright of the content to be sold. This measure is essential to prevent infringement of intellectual property rights and to ensure that all sales are conducted in a fair and legal manner.
In addition, users will also be able to sell content that has been created as a result of a commission made by an Artist on the platform. In these cases, it is necessary that the commission agreement between the user and the Artist specifies that the right to sell the produced content belongs to the user. Fursion will verify that these agreements are respected and that the agreed conditions explicitly allow the sale of the content by the user.
Importantly, when putting content for sale on Fursion, users must ensure that the content does not violate any applicable law, including, but not limited to, copyright laws, trademarks, and privacy or publicity. Users must also ensure that the content does not contain offensive, defamatory, or otherwise inappropriate material.
Fursion acts as an intermediary platform that facilitates transactions between buyers and sellers, but is not a party to sales transactions. As such, while Fursion provides the tools necessary to make these sales, the ultimate responsibility for the legality and appropriateness of the content sold rests with the selling user.
Users who sell content, including NFTs, will receive payments for their sales directly into their Fursion account. This procedure ensures efficient and secure management of transactions within the platform.
Payments will be credited to the user's account after deduction of Fursion's service fee and applicable taxes. The service fee is applied to cover the operating costs of the platform, including maintenance of the technological infrastructure and user support. Taxes will be calculated according to current tax laws, depending on the user's jurisdiction.
In addition, it is important to consider that when making a withdrawal, the third party payment processor chosen by the user to receive their money may apply an additional fee. This fee varies by processor and is not under Fursion's control. Therefore, users are advised to check the fees of their preferred payment processor before making a withdrawal.
Users can request a withdrawal of their funds at any time by following the procedure set out on the platform. This process includes selecting the withdrawal method, the amount to be withdrawn and confirming the transaction. It is important that users ensure that their bank and contact details are up to date and correct to avoid delays or problems in the transfer of funds.
Fursion reserves the right to request additional verification of the user's identity, known as KYC (Know Your Customer) verification, before approving any withdrawals. This process is standard practice to prevent money laundering and other fraudulent activities. KYC verification may include requesting additional documents, such as photo identification, proof of address or any other document Fursion deems necessary to validate the user's identity.
Fursion establishes a service fee applicable to all transactions made, including commissions made to Artists and the purchase or sale of works of art. This fee is essential for the sustainability and improvement of the services offered by the platform, allowing to maintain a safe and conducive environment for artistic exchange.
Fursion will apply a 2% fee on the final price of each transaction, whether it is an art commission paid to an Artist or the purchase or sale of artwork. This fee will be automatically deducted from the total amount received by the seller or the amount paid by the buyer at the conclusion of the transaction.
The purpose of this fee is to cover the costs associated with the operation and maintenance of the platform, including the development of new technologies, user support, transaction security and the creation of NFTs that certify the authenticity and ownership of the artworks. Transparency in the management of these fees is paramount to Fursion, and we are committed to keeping all users informed of any adjustments or changes to the fee structure well in advance.
Users should consider this fee when setting selling prices, making purchase offers or negotiating commissions with Artists to ensure that the final figures reflect their financial expectations after appropriate deductions have been made.
Users, including Artists, may provide and upload content and information through the platform. Users shall retain any copyright or other rights they may have in the content and information they provide through the platform. Fursion is not responsible for the accuracy, safety or legality of content posted on the platform by users. The user is solely and exclusively responsible for their content and the consequences of its publication. By providing content and information through the platform, the user or Artist grants Fursion a worldwide, non-exclusive, royalty-free, fully paid right and license to host, store, transfer, perform, reproduce and modify the content, for the sole purpose of using and displaying it within the platform and to the general public.
By providing and posting content through the platform, you affirm, represent and warrant that:
a) You own the content you provide through the platform, or have the necessary licenses, rights, consents and permissions to authorize Fursion to publish and display your content through the platform.
b) Your content does not infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity or any other intellectual property or proprietary right.
c) Your content does not defame, libel, slander, libel or invade the right of privacy, publicity or other proprietary rights of any other person.
d) Your content may not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
e) Your content does not and will not contain content that incites hatred, threats of physical harm or harassment.
Fursion may, at any time and without notice, filter, remove, edit or block any content that, in our sole judgment, violates these terms or is otherwise objectionable. If any user or third party notifies us that content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the content in question, which we reserve the right to do at any time without notice. You acknowledge and agree that Fursion reserves the right to, and may from time to time, monitor all information transmitted or received through the platform for operational and other purposes.
Some features, content and tools of the platform are available through subscriptions. When a user purchases a subscription, Fursion will send a confirmation email. This confirmation email will be produced automatically so that the user has confirmation of the payment and the start of the subscription. If the user does not receive the email confirmation of purchase and subscription initiation, it may have been sent to their spam folder.
Subscriptions include automatic recurring monthly billing payments. You authorize Fursion to renew your subscription and to make periodic and progressive charges on each billing date. The subscription billing date is every 30 days from the date you purchase the subscription and make the first payment. On the corresponding billing date, you will automatically be charged the subscription fee. The subscription will remain active until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill you for the subscription billing fee in the payment method you choose during registration and subscription purchase.
Subscriptions will automatically renew for an additional period unless cancelled prior to the next billing period. To cancel subscriptions, users may cancel the subscription through their account settings in the billing section or they must submit a cancellation request through our contact information and the subscription will be cancelled for the next billing period. If a subscription is cancelled, the user will be able to continue using it until the next billing period.
Fursion may change or discontinue the availability of subscriptions at any time at its sole discretion. If a subscription purchase is cancelled, the payment made for the subscription will be refunded for the applicable billing period. This does not affect your statutory rights.
The platform contains chat areas or messaging services to enable communication between users. Users may only use the chat or messaging service to send and receive messages that are relevant and specific to the purposes of the platform and the rental of the properties and functional spaces. Users may NOT use the chat or messaging service available on the platform to perform any of the following actions:
• Send messages that are defamatory, violent, profane, harassing, obscene, threatening or messages that otherwise violate the legal rights of users or third parties, including Fursion staff.
• Send messages of a sexual or pornographic nature.
• Send messages that promote illegal activities.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Impersonate another person or user or allow any other person or entity to use your account to send messages or otherwise use your account.
• Repeatedly send the same message. Spamming is strictly prohibited.
• Imply or assert that any statement you make is endorsed by Fursion, without Fursion's prior written consent.
• Post offensive and/or harmful messages, including, but not limited to, content that advocates, supports, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
• Use the platform to collect personal data from users.
Any breach or violation of the provisions contained in these terms may result in the suspension of the offending user's account, with or without notice and without the right to compensation.
Fursion is not responsible for the actions or behaviors of users within the platform. Each user is responsible for their own behavior and interactions with other users or Artists. Fursion does not intervene in disputes between users, except to facilitate the necessary technical solutions in accordance with the policies of the platform.
Fursion provides a platform to facilitate art commissions between users and verified Artists. However, Fursion is not responsible for the agreements reached in these commissions, nor for the execution or quality of the final work delivered. It is the responsibility of each party to ensure that the terms of the commission are clear and enforced. Fursion recommends that all commission agreements be properly documented through the systems provided by the platform to avoid misunderstandings or disputes.
Fursion acts as a facilitator in the sale and purchase of NFTs and other digital content. While the platform takes steps to ensure that all NFTs generated are authentic and that transactions are properly executed, Fursion does not guarantee the truthfulness, quality, safety or legality of content sold by users. Users are responsible for verifying the legitimacy of the NFTs and content they purchase. Fursion is not responsible for any loss or damage resulting from the purchase of content that does not meet the user's expectations or infringes third party rights.
Fursion's liability related to any service offered on the platform shall be limited to the amount paid by the user to Fursion for the specific service giving rise to the claim, during the one-year period prior to the date of the claim.
Fursion does not provide explicit or implied warranties about the continuity and availability of the services, nor about the infallibility of the security mechanisms of the platform. Users agree to use Fursion services at their own risk and responsibility.
Acceptance of these terms of limitation of liability is essential for the use of services offered by Fursion. By using the platform, users acknowledge and agree that the limitations set forth are reasonable and necessary for the maintenance of a fair and operational service.
All content on the Fursion website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other items are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Fursion or by third parties who have licensed or provided their material to the website. You acknowledge and agree that all materials on Fursion are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Fursion prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Fursion or any part of the material for any purpose other than its intended purposes is strictly prohibited.
Fursion will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Fursion respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
• A statement that specifically identifies the location of the infringing material, in sufficient detail so that Fursion can find it on the website.
• Your name, address, telephone number and email address.
• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
Any personal information you submit in connection with your use of the website and our services will be used in accordance with our privacy policy. By using the website and our services, you consent to our collection and storage of your personal information. View our privacy policy.
The following activities are prohibited:
• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
• Deep-link to any portion of the services for any purpose without our express written permission.
• "Frame", "mirror" or otherwise incorporate any part of the website into any other websites or service without our prior written authorization.
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Fursion in connection with the services.
• Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.
Due to the nature of the Internet, Fursion provides and maintains the website on an “as is”, “as available” basis and does not promise that use of the website will be uninterrupted or error free. We will not be liable to you if we are unable to provide the platform for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse Fursion for any loss or damage caused as a result.
Fursion shall not be liable in any amount for any failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, war or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Fursion excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Fursion and Fursion shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
• Any incorrect or inaccurate information on the website.
• The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or service purchased through the website.
• Any loss or damage resulting from your use or the inability to use the website or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website or from transmissions via emails or attachments received from Fursion.
• All representations, warranties, conditions and other terms which but for this notice would have effect.
Fursion will accept no liability for failed, partial or garbled computer transmissions, for any breakdown, failure, connection, availability of computer, telephone, cable, network, electronic or Internet hardware or software, for the acts or omissions of any user or third party, for the accessibility or availability of the Internet or for traffic congestion or unauthorized human action, including errors or mistakes.
You agree to defend and indemnify Fursion from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
• Your breach of this agreement or the documents referenced herein.
• Your violation of any law or the rights of a third party.
• Your use of the website and services.
We may modify the website and these terms at any time, at our sole discretion and without notice. You are responsible for keeping yourself informed of these terms. Your continued use of the website constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified, all changes to these terms apply to all users.
This agreement together with the privacy policy and any other legal notices published by Fursion, shall constitute the entire agreement between you and Fursion concerning and governs your use of the website and the services.
Fursion shall not be liable for any failure or non-performance of services due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances and which may prevent the performance of our services.
Both the user and Fursion acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.
In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Fursion reserves the right to unilaterally terminate the user's access to and use of the platform. Fursion may take this action without prior notice, and the user will automatically lose all rights to access and use the platform. Furthermore, Fursion shall not be liable for any loss of data or information associated with the user's account.
In case of non-compliance by Fursion: If Fursion fails to comply with its obligations under the agreed terms and conditions, the user shall be entitled to terminate the agreement and stop using the platform. The user shall notify Fursion in writing of the breach and allow a reasonable time for Fursion to remedy the situation. If Fursion does not remedy the breach within the set period, the user may proceed with the termination of the agreement.
Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.
Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.
You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, performance, interpretation or validity, as well as any aspect of your use of the website and our services, shall preferably be resolved by binding arbitration between you and Fursion. Notwithstanding the foregoing, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.
In the event of any dispute arising in connection with your use of the website and our services or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.
In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the website and our services. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.
These terms of service shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of Colorado. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of Colorado. This applies unless binding arbitration is agreed to in the applicable section.
Your use of our website and services is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.
Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our website. Information provided or collected in connection with the use of the website will be subject to these requirements.
In the event that any provision of these terms and conditions is declared invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. Failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.
We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.
If you have questions or concerns about these terms, please contact us through our contact forms or by using the contact information below:
Fursion Laboratory LLC.
Email: triticy@fursion-lab.com
