Airdorp Terms and Conditions

These Airdrop Terms and Conditions (hereinafter referred to as “Terms”) apply to all services in relation to the programmatic distribution of the fa$h token (hereinafter referred to as “Airdrop”) organised by the The MFAN Foundation Ltd a company incorporated under the laws of Panama and (Company Registration Number 25048833,) (together with our subsidiaries, our holding company, subsidiaries of our holding company from time to time, collectively called "BNV Foundation" or “we”) and participants (“you”, “your”). The Terms are entered into by and between you and BNV Foundation and govern the ability to participate in the Airdrop. By using the eligibility checker and/or minting and claiming fa$h in the Airdrop you agree to these Terms. You cannot access use or participate in the Airdrop if you do not agree to these Terms.

By visiting our website claim.bnv.foundation (our “Site”), you accept and consent to the practices set out below.

YOU ARE RESPONSIBLE FOR MAKING YOUR OWN DECISION REGARDING PARTICIPATION IN THE AIRDROP AND THE MINTING AND CLAIMING OF FA$H TOKEN. ANY PARTICIPATION IN THE AIRDROP IS SOLELY AT THE PARTICIPANT’S OWN RISK AND IT IS THE PARTICIPANT’S SOLE RESPONSIBILITY TO SEEK APPROPRIATE PROFESSIONAL LEGAL TAX AND OTHER ADVICE IN RESPECT OF THE AIRDROP PRIOR TO PARTICIPATING IN THE AIRDROP AND PRIOR TO MINTING AND CLAIMING ANY FA$H TOKEN. BY PARTICIPATING IN THE AIRDROP THE PARTICIPANT EXPRESSLY ACKNOWLEDGES AND ASSUMES ALL RISKS RELATED THERETO INCLUDING (WITHOUT LIMITATION) THE RISKS SET OUT BELOW. IN NO EVENT SHALL BNV FOUNDATION OR ANY DIRECTOR, EXECUTIVE, EMPLOYEE, REPRESENTATIVE, ADVISOR OR AGENT THEREOF BE HELD LIABLE IN CONNECTION WITH OR FOR ANY CLAIMS, LOSSES, DAMAGES OR OTHER LIABILITIES WHETHER IN CONTRACT , TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE AIRDROP OR THE MINT AND CLAIM OF ANY FA$H TOKENS. BNV FOUNDATION DOES NOT TAKE ANY RESPONSIBILITY FOR THE PARTICIPATION BY ANY PARTICIPANT IN THE AIRDROP. BNV FOUNDATION DOES NOT PROVIDE ANY RECOMMENDATION OR ADVICE IN RESPECT OF THE AIRDROP OR THE FA$H TOKEN.

1. How to Participate in the Airdrop?

When the Airdrop claiming period begins you may access the claims page at claims.bnv.foundation connect a compatible third-party Ethereum digital wallet to check eligibility. If you are the rightful owners of eligible wallets you will receive a direct airdrop of fa$h tokens at an unspecified time after the official Token Generation Event (TGE) and pre-market fa$h coupon redeemable to fa$h tokens completely free of charge at an unspecified time after TGE.

2. What is the Eligibility Criteria for the Airdrop?

A list of wallet addresses was compiled based their on-chain interactions with a significant number of projects considered to be in the categories of digital fashion, gaming/virtual worlds, avatars and wearable items since early 2022.

All decisions related to Airdrop allocations are made at the sole discretion of the BNV Foundation.

By claiming an Airdrop you represent and warrant that

(i) you have full legal capacity and authority to bind and agree to the Terms

(ii) you are at least 18 years of age or of legal age to form a binding contract under applicable laws

(iii) the claiming and minting of the Fa$h Token is in compliance with applicable laws and

(iv) if you are acting as an employee or agent of a legal entity and enter into the Terms on behalf of the entity you have all necessary rights and authorisations to do so.

3. Restrictions

As further described below the Terms refer to “Sanction Lists” which means any sanctions designations listed on economic/trade embargo lists and/or specially designated persons/blocked persons lists published by international organisations as well as any state and governmental authorities of any jurisdiction including but not limited to the lists of United Nations European Union and its Member States United States and United Kingdom sanctions lists.

Prohibited Localities. You will NOT be eligible to participate in the Airdrop if you are a resident of the United States, Russia, Iran, Cuba, Crimea, Donetsk People’s Republic, Iran, Luhansk People’s Republic, Democratic People’s Republic of Korea (North Korea) and Syria.

Restricted Persons. Digital wallets that have been designated by international organisations or governmental authorities as being affiliated with the persons specially designated or otherwise included in the Sanction Lists (“Restricted Persons”). For the purposes of these Terms Restricted Persons shall also include all persons or entities who reside in are citizens of are incorporated in or have a registered office in the Prohibited Localities. Additionally persons residing in the United States will also be PROHIBITED from participating in the Airdrop.

Non-Circumvention. BNV Foundation has taken measures to achieve the restrictions in this Section 3. You agree not to participate mint or claim the Airdrop using any technology for the purposes of circumventing these Terms.

4. General Airdrop Participation Rules & Risks

No Tax Advice. Participating in the Airdrop might trigger tax consequences. You have the sole responsibility and liability for all taxes in connection with your participation in the Airdrop and you should consult a tax advisor before participating in the Airdrop.

Compliance. You agree and acknowledge that you have the sole responsibility for complying with all applicable laws of the jurisdiction you are located in when participating in the Airdrop and you are the legal owner of the blockchain address that you use to access or participate in the Airdrop.

Fa$h Token Entitlement. You will not engage in any activities that are designed to obtain more fa$h token in the Airdrop than you have been allocated by us.

Unable to Mint & Claim fa$h Token. The BNV Foundation will not bear any liability if you are unable to mint and claim fa$h token in the Airdrop due to technical bugs smart contract issue, gas fees, wallet incompatibility, loss of access to a wallet or the keys thereto or for any other reason. You will have no recourse or claim against the BNV Foundation or its officers, directors, employees, consultants, affiliates, subsidiaries and agents.

Your EVM Wallet and Connected User Interfaces. BNV Foundation does not manage, control, develop or act as an administrator or operator of your EVM wallet or its corresponding user interface such as an Ethereum digital wallet and/or any implementations of the open-source software code base for an EVM wallet. You therefore acknowledge that you are solely responsible for the management and the security of your EVM wallet and the connected user interface. We do not store collect or otherwise have access to the private keys for your EVM wallet and/or operate a user interface for your EVM wallet. BNV Foundation has no custody or control over the digital assets in your EVM wallet and has no ability to retrieve, recover or transfer such digital assets

Disclaimer of Warranties. The Airdrop is provided to you free of charge (other than applicable taxes if any) and is provided on an “as is” and “as available” basis. BNV Foundation expressly disclaims all warranties of any kind whether express or implied including the implied warranties of merchantability fitness for a particular purpose title and non-infringement. BNV Foundation makes no warranty that the Airdrop will be uninterrupted, timely, secure, available or error-free.

Regulatory Uncertainty. The regulatory regime governing blockchain technologies cryptocurrencies and other digital assets including tokens such as the fa$h token is uncertain and unpredictable. New regulations may materially adversely affect the potential utility or value of such cryptocurrencies and digital assets such as the fa$h token. There are risks of new taxation related to the minting and claiming of cryptocurrencies and other digital assets such as the fa$h token.

Severability. If any term clause or provision of these Terms is held to be illegal, invalid, void or unenforceable (in whole or in part) then such term clause or provision shall be severable from the Terms without affecting the validity or enforceability of any remaining part of that term clause or provision or any other term clause or provision in the Terms.

5. Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of Panama without regard to its conflict of laws principles. Any dispute controversy or claim arising out of or relating to these Terms or the breach termination or invalidity thereof shall be settled by the competent courts of Panama.

Last updated: 1st August 2024