Legal Notice and Risk Disclosure
This Legal Notice and Risk Disclosure Statement (the “Notice”) is provided by Flom Engine, an Indonesian business company. Any statements and representations made by us or on our behalf, and any use of the tokens issued by us or of any platform, service or protocol upon which our Tokens operate (the “Project”), regardless of whether such project is owned, operated, developed or otherwise controlled by us, shall be subject to this Notice.
Please, read this Notice carefully before using or interacting with the Project or the Token. In addition, the Tokens are subject to additional terms and conditions that may be amended by us from time to time. The Project may also be subject to additional terms and conditions that may be amended by the owner of the Project from time to time.
Legal Notice
Information and Communications Our website available at [https://flom.top/], the Project, and any other information communicated by us or on our behalf, whether through our whitepaper, communication channels or otherwise (collectively, the “Materials”), do not constitute an offer to sell, a recommendation or solicitation to buy, sell or hold Tokens or any other assets. Nothing in the Materials constitutes a recommendation or solicitation to use the Tokens, the Project or any related products, services or technologies.
Always make sure to verify that the information that you believe is provided by us is posted or communicated by our authorized representatives. Any and all Materials are provided for informational and educational purposes only, and should not be relied upon, either wholly or partially, when making any decision.
We do not guarantee, warrant or represent, whether impliedly or expressly, that the Materials are true, accurate, reliable, complete, timely, sufficient, non-infringing or fit for a particular purpose, and we will be under no obligation to update or fix such Materials.
We shall not be responsible for the accuracy or completeness of the Materials; therefore, any use of such Materials is at your own discretion and risk, and you are solely responsible for any possible damages or losses arising from such use. You should always conduct your own independent research and investigation.
Materials may also contain references to third-party data and industry publications. Although we believe that such data is accurate and reasonable, there are no assurances as to the accuracy or completeness of this data.
We have not independently verified any of the data from third-party sources referred to on the Website or in connection with the Project, or ascertained the underlying assumptions relied upon by such sources. Any reference to such third-party data and industry publications does not imply our endorsement thereof.
The Tokens
We make no warranties or representations of any kind with respect to the Tokens and expressly disclaim all warranties and representations with respect to the Tokens, express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Tokens are provided on an “as is” and “as available” basis.
There is no guarantee that the Tokens will function properly or maintain a particular value or price. The Tokens may lose some or all of their value. We make no promises regarding the Tokens, their price, value, supply volume, performance, etc.
We cannot and do not influence the price of the Tokens or their performance and shall have no liability to any person for the Tokens, their performance, value or loss of value, use or inability to use the Tokens.
A Token is not an investment, security, stock or equity, debt or loan or derivative of any of the foregoing. Neither the Materials nor anything communicated or provided by us constitutes a prospectus or offering document, nor an offer to sell or a solicitation of an offer to buy Tokens or any other asset.
Unless otherwise stated, Tokens do not confer on any person any rights of any kind with respect to us or our affiliates, their income or assets, including, but not limited to, any voting, distribution, redemption, liquidation, property or other financial or legal rights, nor are Tokens intended to confer on any person any other rights of any kind.
Tokens are not a loan and do not confer any ownership or other interest. Unless expressly permitted by us in our sole discretion, Tokens may not be received, used or held, transferred or sold to a person who is
(i) subject to economic or financial sanctions or trade embargoes imposed by any country or government, including but not limited to those administered by the United Nations Security Council, the European Union, Her Majesty’s Treasury of the United Kingdom or the Office of Foreign Assets Control of the United States or any other applicable jurisdiction,
(ii) located, organized or resident in any country or territory that is subject to national or territorial sanctions,
(iii) listed on any sanctions-related list of sanctioned persons, including but not limited to those maintained by the United Nations Security Council, the European Union, Her Majesty’s Treasury of the United Kingdom or the Office of Foreign Assets Control of the United States,
(iv) located, organized or permanently resident in Australia, Canada, Cuba, the Democratic People’s Republic of North Korea, Hong Kong SAR, the Islamic Republic of Iran, Libya, the People’s Republic of China, South Sudan, Sudan (North), Syria, Crimea, the United States of America, any jurisdiction in which the acquisition and/or possession of Tokens is prohibited by applicable law, or
(v) directly or indirectly owned or controlled by any person or persons described above.
Forward-Looking Statements
The Website, the Project and the Materials may contain forward-looking statements that are based on current expectations that involve a number of risks and uncertainties. All opinions, forecasts, projections, future plans or other statements, other than statements of historical fact, are forward-looking statements.
Any plans and projections of development, business forecasts, future functionality and projected performance of the Tokens, the Project or us, and the prospects and future prospects of any industry are forward-looking statements. Forward-looking statements, by their nature, relate to matters that are uncertain or unknown to varying degrees.
We cannot guarantee that any forward-looking statements will prove to be correct. Actual events, results or outcomes may differ materially from those expressed in a forward-looking statement, and you should not rely on any such forward-looking statement.
These risks and uncertainties include the impact of economic, competitive, technical and other factors affecting the Tokens, the Project, us or our operations, including but not limited to the following: developments in science and technology, developments in the industry in which we operate, competition, regulatory uncertainty and government action, the introduction of new rules and laws, market changes, the performance of the Tokens, the Project or related products, other business and market conditions. Risk Acceptance and No Liability.
You should read the Risk Disclosure Statement below and by accessing or using the Tokens and/or the Project, you accept all of the risks listed and agree that we shall not be liable in any way for any loss or damage suffered as a result of or in connection with such risks.
You also acknowledge and agree that additional risk disclosure statements may apply to the Tokens and the Project, which may change from time to time.
Indenity and Limitation of Liability
You hereby, to the fullest extent permitted by applicable laws and regulations, release, defend and hold us, our employees, directors, shareholders, officers, consultants, representatives, agents or contractors harmless from and against any and all losses, fines, claims, damages, liability or expenses of any kind (including reasonable attorneys’ fees and disbursements) resulting from or arising out of or based on (i) any inaccurate representation or warranty made by you, or your breach or failure to perform any agreement or covenant entered into by you or in any other document provided by you to any of the foregoing persons in connection with the Tokens or the Project, or
(ii) any action brought by or on your behalf against any of the foregoing persons that is finally resolved by judgment against you or in favor of any of the foregoing persons.
To the maximum extent permitted by applicable laws and regulations, in no event shall we, our employees, directors, shareholders, officers, consultants, representatives, agents or contractors be liable for any direct, indirect, special, punitive, exemplary, incidental, or consequential damages or losses of any kind, nor shall they be liable for loss of goodwill, loss of profits (including anticipated), loss of data, diminution in value and business interruption arising out of or in connection with the use of or reliance on the Tokens, the Project or the Materials, any inaccuracy or omission in any Materials, whether based on breach of warranty or contract, negligence, strict liability, tort or any other legal theory, whether or not we have been advised of the possibility of such damages or losses.
Risks Disclosure Statement Risk of Software Weaknesses
Although we use reasonable efforts to ensure that the Tokens, the Project and related software meet high security standards, we do not warrant or represent that the Tokens, the Project or any such related software are safe or secure or are protected from phishing, malware or other malicious attacks.
In addition, the Tokens, the Project and related software may contain weaknesses, bugs, vulnerabilities, viruses or other defects that could have a material adverse effect on the operation of the Tokens, the Project or any such related software or could result in loss and damage to you, other users of the Tokens, the Project or any such related software or third parties.
Risk of Confusing User Interface
Certain user interface elements or design decisions may confuse or mislead you, which could result in you performing an action or transaction that is different from what you intended or intended, or connecting to the wrong wallet, account, or network. Risk of Legal Uncertainty.
Our proposed activities are governed by various laws and regulations in the countries where we operate or intend to operate. We may be required to obtain various licenses or other permits in some or all of the jurisdictions where we intend to conduct business, and therefore our business in such jurisdictions is always subject to obtaining such licenses or permits, if any, in accordance with the applicable laws.
There is a risk that certain activities may be found to violate any such law or regulation. The penalties for any such potential violation will be unknown. In addition, changes in applicable laws or regulations or evolving interpretations of applicable law could, in certain circumstances, result in increased compliance costs or capital expenditures, which could impact our ability to continue our business model.
Risk of Theft
There is no guarantee that your digital assets will not be stolen as a result of hacking attacks, sophisticated cyberattacks, distributed denials of service or errors, double-spending attacks, flash loan attacks, vulnerabilities or defects in the Tokens, the Project or related software or [Ethereum] or any other blockchain or otherwise.
Such events may include, for example, flaws in programming or source code that lead to their use or misuse. Any of the foregoing may result in the partial or complete theft or loss of digital assets used in transactions conducted in connection with the Tokens, the Project or related software.