TERMS AND CONDITIONS

These terms and conditions (the "Terms and Conditions") constitute a binding agreement made between you, either on your own behalf or on behalf of an entity, and Tomahawk Entertainment (referred to respectively as the "User" and the "Company").

The Terms and Conditions display legal effects and regulate the access and use of the website www.foxtrotcommand.com, as well as any other form of access, such as the web application or related, linked, or otherwise interconnected mobile applications (collectively referred to as the "Application").

Foxtrot Command will be a metaverse with a decentralized economy where Users will at all times have ownership of their assets and can decide whether to transfer, gift, sell or burn them.

NFTs are stored in the digital addresses of each User and Foxtrot Command will enable a decentralized marketplace where its players will be able to trade their assets.

The Foxtrot Command protocol is ERC-1155. This protocol is characterized by allowing the creation of both fungible and non-fungible tokens giving the option to create tokens and NFTs on demand, unlike the ERC-20 protocol (fungible tokens) and the ERC-721 protocol (non-fungible tokens) that accept only one way of token creation.

Most NFT games on the market today create and manage part of their data centrally, in order to reduce the cost of the gas fee per transaction. But this solution means that the User has to give away his NFTs "losing control of his assets".

It is for this reason that the Company has decided to convert its cards into tokens, giving the User the possibility to transfer, sell or exchange several of these tokens (cards) at the same time, thus reducing the final transaction cost and keeping the ownership of the NFT at all times.

The User will be able to convert these tokens into unique NFT whenever he/she wants and, in any case, will only have to pay the cost of mining by the network.

By using the Applicative, Users may view their assets to acquire and trade with other Users of the Applicative.

Al utilizar el Aplicativo o cualquier otro producto oficial de la Compañía, el Usuario confirma que ha leído, entendido y acepta estar sujeto a los presentes Términos y Condiciones.

By using the Application or any other official product of the Company, the User confirms that he/she has read, understood and agrees to be bound by these Terms and Conditions.

If he/she does not agree and/or does not accept all these Terms and Conditions, the User shall be expressly prohibited from using the Application and, consequently, shall be obliged to discontinue the use of the Application immediately.

The Terms and Conditions or documents that may be published in the Application from time to time shall also be incorporated into the content of these Terms and Conditions.

The Company reserves the right to make changes or modifications to these Terms and Conditions at any time, proceeding immediately to update them.

In this regard, the Company undertakes to notify the User of any changes to the Terms and Conditions by updating the date of the "Last update" included at the end of this document.

Likewise, the User waives any right to be personally notified of all changes, always prevailing the successive updates that may be included in these Terms and Conditions.

The Company informs the User that it is the User's responsibility to periodically review these Terms and Conditions to keep informed of any updates that may be incorporated.

The User shall be subject to the modifications incorporated herein and the Company shall consider that the User has been informed and has accepted the changes incorporated in the Terms and Conditions when they are published in the Application.

The information in the App is not intended for distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or would subject the Company to any registration or oversight requirements within such jurisdiction or country. Consequently, any User who accesses the Application and violates its local laws shall do so at its own risk, and shall remain liable for the consequences of its conduct.

The Application is intended for Users over 18 years of age. Persons under 18 years of age may not use or register in the Application.

  1. Intellectual Property Rights.

Unless otherwise indicated, the Application is the property of the Company. The source code, database, functionality, software, Web Application design, audio, video, text, photographs and graphics of the Application (collectively, the "Content") and the trademarks, service marks and logos contained therein (the "Marks") are owned and controlled by the Company.

In addition, the Content and the Marks are protected by copyright and trademark laws and various other intellectual property rights of the Principality of Andorra and international conventions.

Except as expressly provided in these Terms and Conditions, no party to the Application may copy, reproduce, add to, republish, upload, publicly display, encode, translate, transmit, distribute, sell, license or exploit any of the Marks or Content in any way or for any commercial purpose, all without the prior written permission of the Company.

When the User is eligible to use the Application, the User will be granted limited access authorization to use the Application.

In any case, the Company reserves all rights not expressly granted to the User in the Application with respect to the Content and the Trademarks.

  1. Manifestations and warranties of the Users.

By using the Application, the User represents and warrants that: (1) all registration information submitted by you will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have legal capacity and agree to comply with these Terms and Conditions; (4) is not a minor in the jurisdiction in which he/she resides; (5) will not access the Application through automated, non-human means, whether through a bot, script or otherwise; (6) will not use the Application for any unlawful and unauthorized purpose; (7) use of the Application will not violate any applicable law or regulation. If the User provides any information that is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any current or future use of the Application; and (8) you have not been placed on any trade embargo or economic sanctions list, or on the list of denied persons or entities of the Principality of Andorra or other jurisdictions with which the Company or third party providers provide services.

The User authorizes the Company to register the IP address used by the User to access the Application.

The User represents, warrants and agrees that no payment or other transfer of value to the Company and no payment or other transfer of value will cause the Company to violate Andorran laws or regulations or any applicable laws, including but not limited to laws or regulations against the prevention of money laundering and terrorist financing.

  1. User Registration.

The User agrees to keep his/her password confidential and shall be responsible for any misuse of his/her account and password registered in the Application.

The Company reserves the right to delete, reclaim or change a User name that it selects if it determines that the name registered by the User on the Application is inappropriate, obscene or objectionable.

  1. Prohibited Activities.

The User may not access or use the Application for any purpose other than as set forth in these Terms and Conditions and the Application.

The User may not use the Application for a commercial purpose, unless there is a binding legal agreement between the User and the Company to that effect.

In any case, the User shall not be entitled by the Company to:

  • Systematically retrieve data or other content from the Application for the purpose of creating or compiling, directly or indirectly, a collection, compilation, database or directory without the Company's prior written authorization.
  • Make any unauthorized use of the Application, including collecting User names and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited emails, or creating User accounts by automated means or under false pretenses.
  • Using a purchasing agent to make purchases through the Application.
  • Use the Application to advertise or offer the sale of goods and services of the User or any other third party (natural or legal) with whom the User has any type of business relationship.
  • Circumvent, disable or interfere with the security features of the Application, including functions that prevent or restrict the use or copying of any Content or impose limitations on the use of the Application.
  • Participate in unauthorized links on the Application.
  • Acting in a deceptive and/or fraudulent manner both with the Company and with the rest of the Users of the Application and, in particular, in any attempt to obtain confidential information from the account of other Users.
  • Misuse the Company's support services or send false reports of abuse or misconduct.
  • Engage in any automated use of the system, such as the use of scripts to post comments or messages, or the use of any data mining, robots or similar data gathering and extraction tools.
  • Interfering with, disrupting or creating an undue burden on the Application or the networks or services connected to the Application.
  • Usurp the identity of another User or person or use the name of a User registered in the Application.
  • Transfer your profile.
  • Use any information obtained from the Application in order to damage the image of another person.
  • Use the Application as part of any campaign to compete with the Company or use the Application and the Content for any commercial action.
  • Decrypt, decompile or reverse engineer any software comprising or otherwise forming part of the Application.
  • Attempt to circumvent any Applicative measures designed to prevent or restrict access to the Applicative, or any part of the Applicative.
  • Harass, intimidate or threaten any of the Company's employees or agents involved in providing support for the Application.
  • Remove copyright or other proprietary rights notices from any Content.
  • Copy or adapt the Application software.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Application or modifies, impairs, disrupts, interrupts, alters or interferes with the use, features, functions, operation or maintenance of the Application.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information gathering or transmission mechanism.
  • Use the Application in a manner that contravenes any applicable law or regulation.
  • Engage in any practice intended to manipulate the Foxtrot game.
  1. Third Party Web Apps and Content.

Third Party Web Applications and Third Party Content are not investigated, monitored or verified by the Company for accuracy, appropriateness or completeness.

The Company is not responsible for any Third Party Web Application accessed through the Application or any Third Party Content posted, made available or installed from the Application, including the content, accuracy, offensiveness, opinions, truthfulness, privacy or other policies of or contained in the Third Party Web Applications or Third Party Content.

Inclusion of, linking to, or permission for use or installation of any Third Party Web Application or any Third Party Content does not imply approval or endorsement by the Company.

If the User decides to leave the Application and/or access the Third Party Web Applications or use or install any third party content, he/she does so at his/her own risk and should note that these Terms and Conditions shall not govern that relationship.

In any event, the Company cautions that the User has an obligation to review the applicable terms and policies, including the privacy and data collection policies, of any Web Application to which it navigates from the Application or related to any application it uses or installs from the Application.

Any purchases made by the User through third party Web Applications will be through other Web Applications and other companies, and the Company assumes no liability whatsoever in connection with such purchases, which will be - in any event - solely between you and the third party.

The User acknowledges that the Company does not endorse the products and services offered in third party Web Applications and, in this sense, exempts the Company from any damage caused by the purchase of such products and/or services.

Furthermore, the User exempts the Company from any loss suffered by the User or for any damage caused to the User in connection with the result of any Third Party Content or any contact with Third Party Web Applications.

  1. Advertisers.

The Company allows advertisers to display their advertisements and other information in certain areas of the Application, such as sidebar ads or banner ads.

In the event that the User is an advertiser, the User shall assume all responsibility for any advertisements placed on the Application and any services provided on the Application or products sold through such advertisements.

Furthermore, as an advertiser, it warrants and represents that it has all rights and authority to place advertisements on the Application, including but not limited to intellectual property rights, publicity rights and contractual rights.

Thus, the Company merely provides the space to place such advertisements, and represents that it has no other relationship with the advertisers.

  1. Termination.

These Terms and Conditions remain in full force and effect while the User uses the Application.

Without limiting any other provision of these Terms and Conditions, the Company reserves the right, in its sole discretion and without notice or liability, to deny access to and use of the Application (including blocking certain IP addresses) to any person for breach of any representation, warranty or covenant contained in these Terms and Conditions or any applicable law or regulation.

The Company is entitled to urge termination of the User's participation in the Application, to delete the User's account.

In the event that the Company cancels or suspends the User's account, the User shall be prohibited from registering in the Application with a new account in his or her name, a false name, or the name of any third party.

The Company, in addition to canceling and suspending your account, reserves the right to take appropriate legal action, including, among others, the exercise of actions in the civil and criminal order if it deems appropriate.

  1. Applicable Law and Jurisdiction.

These Terms and Conditions of the Application are governed in accordance with the laws of the Principality of Andorra applicable to the agreements made and which shall be perfected in their entirety in the Principality of Andorra.

The Parties to these Terms and Conditions irrevocably agree that the courts of the Principality of Andorra shall have exclusive jurisdiction to resolve and/or determine any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, including any question as to their existence, validity or termination.

  1. Waivers.

The User expressly understands and agrees that its access to and use of the Application is at its own risk, and that the Application is provided without warranties of any kind.

To the fullest extent permissible pursuant to applicable law, the Company makes no express warranties and hereby disclaims all implied warranties with respect to the Application (including, without limitation, the Application, any smart contract or any external Web Application), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy or reliability.

The User accepts the security risks inherent in providing information and processing online via the Internet and agrees that the Company has no liability for any breach of security unless due to the gross negligence of the Company.

The Company is not liable to the User for any loss incurred by the User as a result of its use of the BSC network and the BSC wallet, including, without limitation, losses, damages or claims arising from: (a) User error, such as forgotten passwords or misinterpreted smart contracts or other transactions; (b) server failure or loss of data; (c) damaged wallet files; (d) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing or other means of attack against the Application, the BSC network or the BSC wallet.

Foxtrot are intangible digital assets that exist only by virtue of the ownership record maintained on the BSC network.

The Company is not responsible for losses due to blockchain or any other feature of the BSC network or the BSC wallet.

  1. Limitation of Liability.

The User understands and agrees that the Company shall not be liable to the User or any third party for any indirect, incidental, special or consequential damages which it may incur, regardless of cause and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data or any other intangible loss.

  1. Assumption of Risks.

The User accepts, acknowledges and assumes that:

(i) Asset prices are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Foxtrot, which may also be subject to significant price volatility. The Company cannot guarantee that any purchaser of Foxtrot will not have to bear losses.

(ii) The User is solely responsible for determining what taxes apply to its Foxtrot-related transactions. The Company is not responsible for determining the taxes that apply to your transactions on the App.

(iii) The App does not store, send or receive Foxtrot. This is because Foxtrot exists only by virtue of the ownership record maintained on the Applicative's supporting blockchain on the BSC network. Any transfer of Foxtrot occurs only on the BSC network.

(iv) There are risks associated with the use of an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of introduction of malicious software and the risk that third parties may gain unauthorized access to information stored within your wallet. The User agrees and acknowledges that the Company shall not be liable for any communication failure, interruption, error, distortion or delay that he/she may experience while using the BSC network, regardless of its cause.

(v) Lack of public use or interest in the creation and development of distributed ecosystems could adversely affect the development of the Foxtrot ecosystem and, therefore, the utility or potential value of Foxtrot.

(vi) The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially and adversely affect the development of the Foxtrot ecosystem and, therefore, the utility or potential value of Foxtrot.

  1. Indemnification.

The User agrees to indemnify and hold the Company harmless from any liability action, damage, claim, including legal fees and expenses, made by third parties due to or arising from: (1) the use of the Application, (2) the breach of these Terms and Conditions, (3) any breach of its representations and warranties set forth in these Terms and Conditions, or (4) the violation of the rights of a third party, including, but not limited to, intellectual property rights.

Notwithstanding the foregoing, the Company reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter for which it is required to indemnify the Company, and User agrees to cooperate in the Company's defense.

In any event, the Company agrees to use reasonable efforts to notify the User of any claim, action or proceeding subject to indemnification.

  1. User Data.

The Company undertakes to keep safe the data that the User transmits through the Application in order to manage its performance, as well as the data related to its use of the Application.

The Company, despite making periodic backup copies of the data, establishes that the User is solely responsible for all data transmitted or disclosed through the Application.

The User agrees that the Company shall not assume any responsibility for any loss or alteration of this data, and by these Terms and Conditions waives the exercise of any action against the Company.

  1. Miscellaneous.

These Terms and Conditions and any policies or operating rules published by the Company on the Application, or with respect to the Application, constitute the entire and binding agreement between the User and the Company.

The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

The Company shall not assume any liability for loss, damage, delay or failure to act caused by any cause beyond the reasonable control of the Company.

The Company represents that there is no joint venture, partnership, employment or agency relationship created between the Company and the User as a result of these Terms and Conditions or the use of the Application.

The User agrees that these Terms and Conditions may not be construed contrary to the interests of the Company.

Last update of the Terms and Conditions: - March 2022

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