TERMS OF Flowing Hair (FGH)
These Terms and Conditions of Flowing Hair (FGH) (the « Terms » or the « Disclamer ») are entered into between the natural or legal person purchasing, holding or Using Flowing Hair (FGH) (« You ») and the natural or legal Owner or Issuer of Flowing hair (FGH) (the « Owner », « We » or « Us »). Each of You and the Owner are referred to individually as a « Party » and collectively as the « Parties ».
These Terms fully and automatically govern any puchase of Flowing Hair (FGH) from Us by You and shall prevail over any other document issued by you or us, including but not limited to the White Paper or any other presentation or marketing document given for information purposes only and may by amended or supplemented at any time at the sole discretion of the Owner. The use or Hold of Flowing Hair (FGH) in connection with Us shall be governed by these Terms.
Any holder or user of Flowing Hair (FGH) and any buyer purchasing Flowing Hair (FGH), expressly acknowledges technical and market uncertainties which are inherent in any business development project and that this project may therefore never come to fruition or may have to be abandoned, without the Flowing Hair (FGH) being used.
The buyer, holder or user of Flowing Hair (FGH) expressly acknowledges and accepts that it will not be entitled to sue or bring any direct or indirect legal action before the courts, the arbitration bodies or any alternative dispute settlement body, either in France or abroad, against the Flowing Hair (FGH) Owner, shareholders, employees or subcontractors in the event of the non-performance, non-deployment or non-implementation of the project, even in cases if Flowing Hair (FGH) have lost some or all of their value.
In addition, the Flowing Hair (FGH) Owner may not be held liable for any of the following:
(i) use of services that are not compliant with the applicable terms;
(ii) non-performance, failure, malfunction or unavailability of the services due to a third party, the buyer, a third-party product, or the buyer’s breach of its obligations;
(iii) indirect damages such as business loss or disturbance, loss of orders, operating loss, infringement of the trade mark, loss of profits or clients (e.g. improper disclosure of confidential information concerning said clients due to failure or piracy of the Platform, third-party proceedings against the client, etc.);
(iv) loss, disclosure or unlawful or fraudulent use of user signons by the buyers or third parties;
(v) suspension of access or temporary or permanent suspension of services (in particular, arising from a request issued by an appropriate administrative or judicial authority, or notification received from a third party);
(vi) loss, alteration or destruction of all or part of the content (information, data, applications, files or other items) hosted on the infrastructure, insofar as the Owner is not responsible for managing the continuity of buyers’ activities, and data backups in particular;
(vii) mismatch between the services and the buyer’s needs (in particular, with regard to the sensitivity of the relevant data);
(viii) security incidents relating to use of the Internet, concerning in particular the loss, alteration, destruction, disclosure or unauthorized access to the buyer’s data or details on or via the Internet;
(ix) damages to systems, applications and other items installed by the buyer on the infrastructure.
Prospective purchasers should inform themselves as to the legal requirements and tax consequences within their countries of citizenship, residence, domicile and place of business with respect to the purchase, holding and/or disposal of Flowing Hair (FGH), and any foreign exchange restrictions that may be relevant thereto.
You acknowledge and agree that there are risks associated with purchasing, holding, and using Flowing Hair (FGH) in connection with the product, services and platforms developed for such products and/or services, as disclosed and explained in this Terms.
BY PURCHASING, HOLDING AND USING FLOWING HAIR (FGH), YOU EXPRESSLY ACKNOWLEDGE AND ASSUME THESE RISKS.
The content of the Website (flowinghair.info) not constitute an offer or an invitation to sell shares, securities or rights belonging to any company.
None of the information or analyses in the Website is intended to provide a basis for an investment decision, and no specific investment recommendation is made. Accordingly, this Website and his content does not constitute investment advice or an invitation to invest in any security or financial instrument of any nature whatsoever.
The informations on the Website (flowinghair.info) not constitute an offer or an invitation to sell shares, securities or rights of the Owner.
None of the information or analyses in the Website is intended to provide a basis for an investment decision, and no specific investment recommendation is made. Accordingly, this Website and Terms does not constitute investment advice or an invitation to invest in any security or financial instrument of any nature whatsoever.
The Website (flowinghair.info) does not constitute or form part of, and should not be construed as, an offer for a sale or subscription, or an invitation to buy or subscribe securities or financial instruments. The Website (flowinghair.info), or any of its component parts, does not constitute the basis for, or should not be used as a basis for, or in connection with, a contract for the sale of securities or financial instruments or a commitment to sell securities or financial instruments of any kind.
The Flowing Hair (FGH) Owner expressly disclaims any liability for any direct or indirect loss or damage of any kind arising directly or indirectly from:
(i) any reliance on the information contained in theWebsite;
(ii) any error, omission or inaccuracy in said information; or
(iii) any resulting action that may be brought.
A Flowing Hair (FGH) does not represent an investment in a security or a financial instrument within the meaning of EU Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 relating to markets in financial instruments: Flowing Hair (FGH) confer no direct or indirect right to the Flowing Hair (FGH) Owner’s capital or income, nor does it confer any governance right;
Flowing Hair (FGH) do not represent or confer any ownership right or stake, share or security or equivalent rights, intellectuel property rights or any other form of participation;
A Flowing Hair (FGH) is not proof of ownership or a right of control. Control over a Flowing Hair (FGH) does not grant the controlling individual any asset or share in a Company, or in a Platform. A Flowing hair (FGH) does not grant any right to participate in control over the Flowing Hair (FGH) Owner’s management or decision-making set-up, or over Platforms;
A Flowing Hair (FGH) is not an electronic currency within the meaning of EU Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 relating to access to and pursuit of the business of electronic currency institutions: Flowing Hair (FGH) are not accepted outside Ethereum-based Platform and do not have a fixed exchange value equal to the amount delivered at the time of its issue. Flowing Hair (FGH) is not intented to be a digital currency, security, commodity or any other kind of financial instrument;
A Flowing Hair (FGH) is not a payment service within the meaning of EU Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 relating to payment services in the internal market, nor within the meaning of EU Directive N° 2015/2366 of the European Parliament and of the Council of 25 November 2015 relating to payment service 2 (DSP 2): the ICO does not involve the purchase and/or sale of Flowing Hair (FGH) and the Flowing Hair (FGH) Owner’s business does not consist in receiving currencies against the delivery of Flowing Hair (FGH); as such, a Flowing hair (FGH) is not a means of payment either;
A Flowing Hair (FGH) is a cryptographic token for use in mainstream digital wallets and on Ethereum-based platforms.
Participation in Sales or/and ICO is restricted to natural or legal persons acting within the scope of their professional activities. Any private individual acting on a non-professional basis as a simple consumer, within the meaning of EU Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, is excluded from the Sale or/and ICO.
To ensure their eligibility for the purchase of Flowing Hair (FGH), buyers expressly declare that they are not a “U.S. citizen” (within the meaning of “Regulation S” of the Securities Act 1933 under U.S. law),
(i) any private individual resident in the United States of America;
(ii) any partnership or business organized or established under U.S. law;
(iii) any property of which the executor or administrator is a U.S. citizen;
(iv) any trust of which a proxy is an American citizen;
(v) any agency or branch of a foreign entity located in the United States of America;
(vi) any non-discretionary account or similar account (other than a trust or property) held by a trader or other trustee for the benefit of or on behalf of a U.S. citizen;
(vii) any discretionary account or similar account (other than a trust or trust) held by a trader or other trustee, that is organized, established or (if a private individual) resident in the United States of America;
(viii) any partnership or company if:
(a) it is organized or established under the law of a foreign jurisdiction;
(b) it is formed by a U.S. citizen primarily for the purpose of investing in securities not listed under the U.S. Securities Act, unless it is organized or established, and owned, by accredited investors who are not private individuals, trusts or properties.]
(ix) not residing in Republic of China – Singapore – Thailand – or any other country where transactions in respect of, or with use of, digital tokens fall under the restrictive regulations or require to be registered or licensed with any application governmental authorities;
(x) not residing in the following countries: – North Korea – Iran – Iraq – Lybia – Syria – South Sudan – Cuba;
(xi) not being a terrorist;
(xii) for politically exposed persons, we reserves all rights to accept or not their contributions.
The buyer, holder or user of Flowing Hair (FGH) must be at least 18 years old and certify acting in a professionnal capacity, declare and certify carrying out the research or taking the relevant advice from specialized attoneys to ensure that no legislation or regulation applicable to its situation and place of residence, or no position or recommendation from a competent national authority prohibts or limit in the purchase and the possession of Flowing Hair (FGH), and more widely in the possession of cryptocurrencies.
Warnings on the risks
Risks Associated With the Ethereum Protocol
Risks associated with the buyer’s credentials
Legal risk and risk of adverse regulatory intervention in one or more jurisdictions
Risk of an alternative, unofficial Platform
Risk of a lack of interest
Risk of theft and piracy
Risk of error in the source code
Risk of security weaknesseS
Risk of weakness or exploitable breakthrougH
Risk of a FlowingHair (FGH) mining attack
Risk of failing to be used or adopted
Risk of a tight market for Flowing Hair (FGH)
Risk of an uninsured loss
Risk of winding-up of the project
Risk of malfunctioN
Operations of the Platforms and the Flowing Hair (FGH) may be impacted by future restrictive laws, regulations, opinions, decisions, injunctions, actions or investigations by national regulators and lawmakers.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law : in no event will the legal representative of Flowing Hair (FGH), Issuer of Flowing Hair (FGH), Owner of Flowing Hair (FGH) or any of the indemnified parties be liable for any indirect, special, incidental, consequential, or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the purchase, holding or use of Flowing Hair (FGH) or otherwise related to these terms, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable); and in no event will the aggregate liability of the company and the indemnited parties (jointly), whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to these terms or the use of or inabillity to use Flowing Hair (FGH), exceed the amount you pay to us for the purchase of Flowing hair (FGH).
We expressly disclaims any and all responsibility for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly out of reliance on any information countained in this Website, any error, omission or inaccuracy in any such information or any action resulting from such information.
To the fullest extent permitted by applicable law and except as otherwise specified in writing by us, Flowing Hair (FGH) are sold on an « as is » and « as available » basis without warranties of any kind, and we expressly disclaim all implied warranties as to Flowing Hair (FGH), including, without limitation, implied warranties of merchantability, fitness for particular purpose, title and non-infringement; we do not represent or warrant that Flowng Hair (FGH) are reliable, current or error-free, meet your requirements, or that defects in Flowing Hair (FGH) will be corrected; and we cannot and do not represent or warrant that Flowing hair (FGH) or the delivery mechanism for Flowing Hair (FGH) are free of virus or other harmful components.
All purchases of Flowing Hair (FGH) are final and, therefore, non-refundable.
By purchasing Flowing Hair (FGH), the user acknowledges that we are not required to provide a refund for any reason, and that the user is not entitled to receive money or any other form of compensation for any Flowing Hair (FGH) that are not used or not suitable for their intented purpose.
It is expressly forbidden to modify, copy, reproduce, publicly communicate, transform or distribute any means, all or part of the contents published on the Website without the prior, written and express consent of owner, author or its partners. Intellectual rights may belong to third parties.
Neither party shall be deemed to be in default under this contract if the performance of its obligations, in whole or in part, is delayed or prevented as a result of force majeure. Force majeure must be understood as an event outside the parties, unpredictable, irresistible and rendering impossible the performance of an obligation.
Autonomy of clause
The possible illegality or nullity of an article or paragraph (or part of an article or paragraph) can not in any way affect the validity of the other articles or paragraphs of that Convention or the remainder Of that section or subsection, unless the contrary intention is evident in the enactment.
In accordance with the French Data Protection Act 78-17 of January 6, 1978, as amended, you have a right of opposition (article 38), access (article 39), rectification or deletion (article 40) Information about you. You can exercise this right by Email : email@example.com
Applicable law and jurisdiction
This Terms and any contractual relationship arising in relation with the products and services sold by the Owner are governed exclusively by French Polynesian law.
The Parties agree to seek an amicable settlement prior to bringing any legal action. Failing this, any dispute, of any nature whatsoever, will be brought expressly before the courts of Papeete, as no document can effect a novation or waiver of this jurisdiction clause.
Effective Date: March 25, 2018