Terms Of Use

These Terms of Use constitute a legally binding agreement between you ("you" or "your") and America.Fun and its affiliated entities (collectively, "America.Fun", "we", "our", or "us"). The Terms govern your use of all America.Fun made available to you on or through the America.Fun Platform or otherwise. America.Fun Services may be developed, maintained, and/or provided by America.Fun. By accessing the America.Fun Platform and/or using the America.Fun Services, as defined in these Terms, you agree that you have read, understood and accepted these Terms, together with any additional documents. You acknowledge and agree that you will be bound by and will comply with these Terms, as updated and amended from time to time. BY ACCESSING THE AMERICA.Fun PLATFORM AND USING AMERICA.Fun SERVICES, YOU IRREVOCABLY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR MASS ACTION IN ANY JURISDICTION OR BEFORE ANY TRIBUNAL AS STATED IN SECTION 29. YOU ALSO EXPRESSLY AGREE THAT ANY CLAIMS AGAINST ANY AMERICA.Fun-RELATED ENTITY OR AFFILIATE WILL BE SUBJECT TO MANDATORY, BINDING ARBITRATION AS STATED IN SECTION 29. If you do not understand and accept these Terms in their entirety, you should not use the America.Fun Platform. RISK WARNING The America.Fun Platform and America.Fun Services generally involve interacting with user-generated Digital Assets in various ways. Neither the America.Fun Entities nor any affiliates are responsible for user-generated Digital Assets that you may, in your sole discretion, engage with on the America.Fun Platform or via the America.Fun Services. Please ensure that you fully understand the risks involved with user-generated Digital Assets before using the America.Fun Platform and America.Fun Services. The value of User-Generated Digital Assets, especially memecoins that are commonly found on the America.Fun Platform and as part of the America.Fun Services, can fluctuate significantly and there is a material risk of economic loss when buying, selling, holding or investing in any Digital Asset. You should therefore consider whether participating on the America.Fun Platform in general or America.Fun Services specifically is suitable for you taking into account your personal circumstances, financial, or otherwise. You acknowledge that we are not your broker, intermediary, agent or advisor and we have no fiduciary relationship or obligation to you in connection with any activities you undertake when using the America.Fun Platform or America.Fun Services. We do not and are not providing any investment or consulting advice and no communication or information that we provide to you is intended to be, or should be construed as, advice of any kind. We do not recommend that any user-generated Digital Asset be bought, earned, sold or held by you under any circumstances. You are responsible for determining whether any user-generated Digital Asset is appropriate for you to acquire, transact in, or otherwise use on the America.Fun Platform or with America.Fun Services based on your personal investment objectives, financial circumstances and risk tolerance and you are responsible for any associated loss or liability. Before making the decision to buy, sell or hold any user-generated Digital Asset, you should conduct your own due diligence and about the creator of the Digital Asset and, where appropriate, consult your financial advisor. We are not responsible for the decisions you make to buy, earn, sell or hold Digital Assets based on the information or services provided by us or by users themselves through the America.Fun Platform or America.Fun Services, including any losses you may incur based on your decisions. 1. Introduction 1.1. The America.Fun Entities and their affiliates develop, maintain, operate, and provide access to the America.Fun Platform and America.Fun Services. 1.2. By using the America.Fun Platform or any of the America.Fun Services you are entering into a legally binding agreement with all America.Fun Entities and their affiliates. These Terms will govern your use of the America.Fun Platform and all of the America.Fun Services. 1.3. You acknowledge that you must read these Terms, together with the documents referenced in the Terms, carefully and are responsible for telling us if you do not understand anything. 1.4. You expressly agree that you will be bound by, and that you will comply with, any additional terms and conditions that apply to your use of the America.Fun Platform or any of the America.Fun Services. 2. Eligibility 2.1. To be eligible to use the America.Fun Platform and the America.Fun Services: a. you must be an individual, corporation, legal person, entity or other organisation with the full power, authority and capacity to: (i) access and use the America.Fun Platform; and (ii) enter into and comply with your obligations under these Terms, including, in the case of an individual, being of the legal age of majority in your country; b. if you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you must be duly authorised to act on behalf of and bind such legal entity for the purposes of entering into these Terms; c. not be located, incorporated, otherwise established in, or resident of, or have business operations in: (i) a jurisdiction where it would be illegal under Applicable Law for you to access or use the America.Fun Platform and/or America.Fun Services, or cause us or any third party to contravene any Applicable Law; or (ii) a country listed in our List of Prohibited Countries. 2.2. We may amend our eligibility criteria at any time at our sole discretion. We retain the sole discretion to make changes without telling you in advance. For example, we may change these Terms without notifying you where: a. we are making the change as a result of legal and/or regulatory changes; b. the changes being made are in your interest; and/or c. there is any other valid reason which means there is no time to give you notice. We will let you know of the change as soon as possible after it is made by updating the “last updated” date at the top of these Terms. You acknowledge and agree that you are responsible for checking these Terms to stay abreast of any changes related to your use, and that we may terminate your use of the America.Fun Platform and any of the America.Fun Services at any time for any reason. 3. America.Fun Platform 3.1. Usage of the America.Fun Platform and America.Fun Services is provided at our absolute discretion. We reserve the right to refuse any usage of, or restrict your access to, the America.Fun Platform and America.Fun Services for any reason, or without reason at any time. 3.2. You must not take any action or otherwise post, upload or publish to the America.Fun Platform any abusive, defamatory, dishonest, or obscene message or any messages intended to manipulate a market or to spread false or misleading information or messages that are otherwise in contravention of Applicable Laws. Violating this provision may result in termination of or restrictions on the availability of the America.Fun Platform and America.Fun Services to you. 3.3. You must not take any action or otherwise post, upload or publish to any platform or media any abusive, defamatory, dishonest, or obscene message or any messages intended to manipulate a market or to spread false or misleading information or messages that are otherwise in contravention of Applicable Laws in respect of any user-generated Digital Assets created using the America.Fun Services. Violating this provision may result in termination of or restrictions on the availability of the America.Fun Services to you. 4. Fees and Calculations 4.1. America.Fun Entities and affiliates do not charge any fees related to accessing the America.Fun Platform (including the america.Fun web app or other interfaces). We reserve the right to introduce or modify access-related fees in the future in accordance with these Terms. 4.2. Certain America.Fun Services may require the payment of fees, including but not limited to fees associated with token creation, transactions, staking, rewards mechanisms, or other on-chain interactions, as disclosed on the America.Fun Platform at the time you submit an Instruction. You are responsible for reviewing and accepting all applicable fees before initiating any Instruction. Fees and mechanics may vary by feature and may be updated from time to time as displayed on the Platform. 4.3. By submitting an Instruction using your Wallet, you authorise the applicable smart contract(s) and/or transaction(s) that you cryptographically sign to transfer any applicable fees, charges, or other amounts associated with that Instruction from your Wallet. For the avoidance of doubt, the America.Fun Entities and affiliates do not take custody of your Digital Assets and do not have the ability to access, debit, or control your Wallet outside of Instructions you explicitly approve. 4.4. You acknowledge and agree that your use of the America.Fun Platform and America.Fun Services may involve fees charged by third parties, including blockchain network fees (such as gas fees), validators, liquidity providers, Wallet providers, or other protocols. The America.Fun Entities and affiliates do not control and are not responsible for such third-party fees, and you are solely responsible for paying them. 4.5. We may modify applicable fees from time to time by updating these Terms and/or the fee disclosures on the America.Fun Platform in accordance with Section 14 (Amending the Terms). Any updated fees apply from the time they are displayed on the America.Fun Platform or otherwise communicated to you, unless Applicable Law requires otherwise. Your continued use of the America.Fun Platform or relevant America.Fun Services constitutes acceptance of the updated fees. 4.6. Calculations: Any calculations of fees made by or through the America.Fun Platform in connection with your use of the America.Fun Services are final and binding in the absence of Manifest Error. 5. Records We may process personal data to provide the Platform and Services, comply with law, and maintain security and support, as described in our Privacy Notice. 6. Accessing the America.Fun Platform 6.1. To access the America.Fun Platform and America.Fun Services, you must have the necessary equipment (such as a computer or smartphone) and access to the internet. You can access the America.Fun Platform and America.Fun Services through the use of bots or otherwise as we may permit from time to time, as long as such access otherwise complies with all requirements and rules established in these Terms. 6.2. The use of the America.Fun Platform and other access methods may be subject to such additional terms as we require from time to time and which we will communicate to you. 7. Transaction Reversals 7.1. You acknowledge and agree that where you execute any Transaction with Improper Intent and/or in the case of Manifest Error, America.Fun is authorised by you (without any payment or penalty or liability due by America.Fun and provided that such action is in compliance with Applicable Law) to cancel/void such Transaction (to the extent possible), take such actions as America.Fun may reasonably deem fit and treat such Transaction as if it had never been entered into. 7.2. We may be required under these Terms or Applicable Law to share information about your activities on America.Fun with third parties and within America.Fun. You acknowledge and agree that we are entitled to disclose such information. 8. Submission of Instructions 8.1. Instructions are transactions or commands executed on the Solana blockchain using the America.Fun Platform and America.Fun Services. You must ensure that any Instruction submitted is complete and accurate. We are not required to verify the accuracy, authenticity or validity of any Instruction and will not monitor or reject Instructions on the basis that they are, or appear to be, duplicates. In our sole, absolute discretion, we may refuse to act upon or defer acting upon any Instruction, or seek further information with respect to the Instruction. 8.2. You acknowledge and agree that Instructions are irrevocable once submitted for broadcast to the Solana network. If the America.Fun Platform uses server infrastructure or third-party providers to facilitate the submission or broadcasting of Instructions, an Instruction will be considered submitted when it is received by such infrastructure for broadcasting. Settlement and finality occur on-chain, and we do not control whether the Solana network confirms a transaction. 8.3. By submitting an Instruction, you authorise the applicable smart contract(s) and/or transaction(s) that you cryptographically sign using your Wallet to execute the relevant Transaction on the Solana blockchain in accordance with your Instruction. If you have insufficient Digital Assets in your Wallet to effect the Transaction (including applicable fees), we may not be able to facilitate the Instruction through the Platform. It is your responsibility to maintain sufficient Digital Assets in your Wallet. 8.4. You are aware that Instructions and information transmitted on the America.Fun Platform or by email are generally transmitted via the internet and may be routed via public, transnational installations which are not specifically protected. We cannot guarantee that the Instructions and information transmitted will be completely protected against unauthorised access, and you accept the associated risks. Our privacy practices and your rights are disclosed in our Privacy Notice. 9. Transactions 9.1. We do not represent or warrant that any actions by you on the America.Fun Platform or use of the America.Fun Services will be completed successfully or within a specific time period. By accessing and using the America.Fun Platform and America.Fun Services, you represent that you understand that smart contract transactions, like the ones conducted through the America.Fun Platform and America.Fun Services, automatically execute and settle, and that blockchain-based systems are variable and transaction speeds may increase dramatically at any time. 9.2. You expressly agree that the America.Fun Entities and affiliates are permitted, but not required, to keep a record of all Transaction information related to use of the America.Fun Platform and America.Fun Services. You further agree that we may keep this information, if we collect it, for as long as it is required to fulfill its intended purpose or any other period of time as required by Applicable Law. 10. Material Interests and Conflicts 10.1. You understand and agree that neither your relationship with us nor any services we provide to you, nor any other matter, will give rise to any duties on our part or on the part of any America.Fun Entity or affiliate, whether legal, equitable, fiduciary in nature, save as are expressly set out in these Terms. In particular, America.Fun Entities and affiliates may from time to time act in more than one capacity, and in those capacities we may receive fees or commissions from more than one user (including you). You agree that we may act in such capacities and provide any other services or carry out any business with or for you, any other America.Fun Entity or affiliate or any other user. 10.2. You understand and agree that, except as required under our Privacy Notice, the America.Fun Entities and affiliates will not be required to: (i) have regard to any information known to us, which is or may be a material interest; (ii) disclose any such information to you; or (iii) use any such information for your benefit. You further acknowledge that from time to time we may receive general market information in the course of providing access to the America.Fun Platform and America.Fun Services to you, which we may use in the ordinary course of our business. 10.3. We have established and maintained effective organisational and administrative arrangements with a view to taking all appropriate steps to identify and manage conflicts of interest between us and our users and relevant third parties, so as to prevent conflicts of interest from adversely affecting the interests of our users. We reserve the right at all times to decline to act for you where we are not able to manage a conflict of interest in any other way. 10.4. You understand that from time to time we may transact using the America.Fun Platform. We are under no obligation to disclose any of our transactions on the America.Fun Platform. 11. Transaction Limits Your activity on the America.Fun Platform and use of the America.Fun Services may be subject to limits that we shall determine from time to time in our sole discretion. 12. Security 12.1. You are responsible for taking appropriate action to protect your hardware and data from viruses and malicious software, and any inappropriate material. Except as provided by Applicable Law, you are responsible for backing up and maintaining duplicate copies of any information related to your use of the America.Fun Platform and America.Fun Services. The America.Fun Entities and affiliates are not responsible for any claim or losses resulting from your failure to comply with this clause. 12.2. At all times, you, and anyone you permit to access the America.Fun Platform and America.Fun Services using your Wallet (“Permitted Users”), shall maintain adequate security and control of all of the information used to access the America.Fun Platform and America.Fun Services. You are responsible for taking the necessary security measures to protect such details, including by: a. strictly abiding by all of our mechanisms or procedures; b. never allowing remote access or sharing your computer and/or computer screen with someone else when you are logged into the America.Fun Platform or are using the America.Fun Services; c. remembering that under no circumstances will we ask you to share any of your passwords or 2-factor authentication codes or similar. You should never disclose these if asked. 12.3. You are solely responsible for keeping the information used to access the America.Fun Platform and America.Fun Services secure against any attacks and unauthorised access. 12.4. You acknowledge that any Security Breach may result in unauthorised access to your Wallet by third parties and the loss or theft of any Digital Assets and/or Funds from your Wallet and any associated Wallets or accounts. 12.5. If you suspect a Security Breach, you must ensure that: a. we are notified immediately and continue to be provided with accurate and up-to-date information throughout the duration of the Security Breach; b. you take any other steps that we may reasonably require to reduce, manage or report any Security Breach. 12.6. We reserve the right to request, and you agree to promptly provide, any and all information and documents we deem relevant or necessary in connection with an actual or suspected Security Breach. You further acknowledge and agree that we may provide such information to any third party that we deem necessary in order to investigate or resolve any Security Breach. 13. Privacy 13.1. Our collection and use of personal data in connection with these Terms, your access to the America.Fun Platform, and use of the America.Fun Services is as provided in our Privacy Notice (as updated from time to time). You acknowledge that we may process personal data in relation to you, that you have provided to us, or we have collected from you in connection with these Terms and our Privacy Notice. Your personal data will be processed in accordance with the Privacy Notice, which shall form part of these Terms. 13.2. You represent and warrant that: a. you acknowledge that you have read, understood, and agree to our Privacy Notice. b. our business changes regularly and our Privacy Notice will change also. Therefore, if from time to time we provide you with a replacement version of the Privacy Notice, you will promptly read the Privacy Notice. 14. Amending the Terms 14.1. We can make changes to these Terms and any terms and conditions incorporated by reference at any time and your continued use of the America.Fun Platform and America.Fun Services constitutes your consent to such changes. Changes to these Terms will be published on our website and may also be notified to users by such other means as America.Fun Entities and affiliates determine in their sole discretion. You acknowledge and agree that you are required to check these Terms periodically to ensure that you are aware of any and all changes. 14.2. If you do not wish to accept these Terms or any future modified Terms, you must cease use of the America.Fun Platform and America.Fun Services. Your continued access to or use of the America.Fun Platform and America.Fun Services shall be deemed acceptance of the updated Terms. 15. Termination, Suspensions, Restrictions 15.1. We may at any time modify or discontinue, temporarily or permanently, any portion or feature of the America.Fun Platform or America.Fun Services. In particular, we may: (i) refuse to complete or block, cancel, or, where permitted by Applicable Law, reverse (to the extent possible) any action you have undertaken; (ii) terminate, suspend, or restrict your access to any or all of the America.Fun Platform and America.Fun Services; (iii) refuse to transmit information or Instructions to third parties (including but not limited to third-party Wallet operators); and/or (iv) take whatever action we consider necessary, in each case with immediate effect and for any reason including, but not limited to where: a. you are not, or are no longer, eligible to use the America.Fun Platform and America.Fun Services; b. we reasonably suspect that: (i) the person connecting to the America.Fun Platform or America.Fun Services with your Wallet is not you, or we suspect that you have been or will be using the America.Fun Platform or America.Fun Services for any illegal, fraudulent, or unauthorised purposes; (ii) information provided by you is wrong, untruthful, outdated, or incomplete; c. we reasonably consider that we are required to do so by Applicable Law, or any court or authority; d. we have determined or suspect: (i) that you have breached these Terms; (ii) that any activity is unauthorised, erroneous, fraudulent, or unlawful or we suspect the America.Fun Platform, Services or Wallet are being used as such; (iii) there is any occurrence of money laundering, terrorist financing, fraud or any other crime in connection with your usage; e. your usage is subject to any pending, ongoing or threatened litigation or regulatory proceedings; f. you have taken any action that may circumvent our controls without our consent; g. there is any other valid reason which means we need to do so. 15.2. You acknowledge and agree that: a. the examples set out above are non-exhaustive; and b. our decision to terminate, suspend, or restrict access may be based on confidential criteria that are essential to our risk management and security protocols. We are under no obligation to disclose these to you. 15.3. Where we terminate, suspend, hold or restrict your access: a. if you have Instructions or Transactions that are open, they may be closed by you or by us depending on the circumstances; b. you remain responsible for any unpaid amounts owed to us (if any) in connection with your use of the America.Fun Services, and you authorise any applicable smart contract(s) and/or transaction(s) you sign to transfer such amounts where displayed and accepted by you at the time you submit an Instruction. 15.4. If we are informed and reasonably believe that any Digital Assets in your Wallet are stolen or not lawfully possessed by you (whether by error or otherwise), we may, but are not obligated to, terminate your usage of the America.Fun Platform and America.Fun Services. Except where required by law, we will not become involved in any dispute relating to such assets or their origin. 16. America.Fun IP All America.Fun IP shall remain vested in America.Fun Entities and their affiliates. At no point do users of the America.Fun Platform or America.Fun Services obtain any right to America.Fun IP unless expressly provided by these Terms. 17. Licence of America.Fun IP We grant to you a non-exclusive licence for the duration of these Terms, or until we suspend or terminate your usage of the America.Fun Platform and America.Fun Services, whichever is sooner, to use the America.Fun IP, excluding the America.Fun Trade Marks, solely as necessary to allow you to access and use the America.Fun Platform and America.Fun Services for non-commercial personal use, in accordance with these Terms. 18. User Content and Licence 18.1. Ownership. As between you and us, you retain ownership of all intellectual property rights in the User Materials and User-Generated Digital Assets that you create, upload, or otherwise make available through the America.Fun Platform. 18.2. Licence to America.Fun. You grant to the America.Fun Entities and affiliates a perpetual, irrevocable, royalty-free, worldwide, non-exclusive licence to use, host, store, display, reproduce, modify (for formatting or technical purposes only), distribute, and otherwise make available your User Materials and User-Generated Digital Assets solely for the purposes of operating, promoting, marketing, maintaining, and providing on America.Fun. This licence includes the right for America.Fun to: a. display and surface your User Materials and User-Generated Digital Assets on the Platform (including token pages, trading interfaces, search results, feeds, rankings, and promotional placements); b. use your User Materials (including names, symbols, logos, artwork, descriptions, metadata, and links) to identify, describe, and attribute Digital Assets and activity on the Platform and on promotional material; c. create and use derivative or modified versions solely for Platform-related purposes (including resizing, compression, thumbnailing, formatting, and metadata enrichment); d. use and disclose aggregated and/or anonymised data derived from User Materials and Platform activity for analytics, benchmarking, reporting, research, product improvement, and marketing, in each case in a manner intended not to identify you personally (except as otherwise permitted under these Terms and the Privacy Notice). America.Fun will not use your User Materials in paid advertising that implies endorsement of a specific Digital Asset without your permission, except where such use is purely to identify the asset’s availability on the Platform. 18.3. Sub-licensing. The licence granted under this Section includes the right to sub-license to third-party service providers, protocols, or infrastructure partners solely as necessary to operate the America.Fun Platform and America.Fun Services. 18.4. No Transfer of Ownership. Nothing in these Terms transfers ownership of your User Materials, User-Generated Digital Assets, branding, or other intellectual property to the America.Fun Entities or affiliates. 19. User Content and Moderation 19.1. The America.Fun Platform may allow users to create, upload, submit, mint, deploy, publish, display, link to, transmit, or otherwise make available content, including User Materials and User-Generated Digital Assets (“User Content”). You are solely responsible for your User Content and for ensuring that it complies with these Terms and all Applicable Laws, regulations, and third-party rights. You represent and warrant that you have all rights, licences, consents, and permissions necessary to submit and use your User Content as contemplated by these Terms. 19.2. You acknowledge that User Content is generated by users, not by America.Fun. To the maximum extent permitted by Applicable Law, America.Fun: (i) does not pre-screen, control, verify, or endorse User Content; (ii) does not act as the “publisher” or “speaker” of User Content; and (iii) makes no representations or warranties regarding User Content. Your use of, reliance on, or interaction with any User Content is at your own risk. 19.3. You must not create or make available any User Content that is, or that America.Fun reasonably believes to be: (i) unlawful or that facilitates illegal activity; (ii) infringing, deceptive, fraudulent, defamatory, or invasive of privacy; (iii) obscene, pornographic, or exploitative; (iv) harassing, threatening, violent, or discriminatory; (v) containing or promoting hate symbols, extremist content, or terrorist content; (vi) in breach of sanctions, export controls, or other legal restrictions. 19.4. Due to the decentralised nature of decentralised infrastructure, America.Fun does not own, operate, or control the underlying networks and has limited ability to prevent, monitor, or verify on-chain activity in real time. America.Fun has no obligation to monitor User Content, but may, at any time and in its sole discretion, review, screen, remove, delist, block, disable access to, or restrict any User Content, and may suspend or terminate accounts or restrict wallet addresses, including where necessary to: (i) comply with Applicable Law or lawful requests; (ii) enforce these Terms; (iii) protect users or the public; or (iv) maintain the integrity, security, or reputation of the Platform. America.Fun may take these actions without prior notice where it reasonably determines notice is impracticable, unlawful, or would increase risk or harm. 19.5. America.Fun may preserve and disclose information (including User Content and associated records) where it reasonably believes necessary to: (i) comply with Applicable Law, regulation, or legal process; (ii) respond to lawful requests from public authorities; (iii) investigate or prevent fraud, security, or technical issues; or (iv) protect the rights, property, or safety of America.Fun, its users, or others. 19.6. To the maximum extent permitted by Applicable Law, America.Fun is not responsible or liable for User Content and will not be liable for any loss or damage arising from User Content, including content that is illegal, hateful, infringing, misleading, or otherwise objectionable, or from any failure or delay in removing such content. 19.7. You agree to defend, indemnify, and hold harmless the America.Fun Entities and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (i) your User Content; (ii) your breach of these Terms; or (iii) your violation of any law or third-party rights. 20. Intellectual Property Rights 20.1. America.Fun IP. All intellectual property rights in and to the America.Fun Platform and America.Fun Services, and any underlying software, smart contracts, interfaces, analytics, designs, documentation, and other materials created or provided by or on behalf of the America.Fun Entities (collectively, the “America.Fun IP”) remain the exclusive property of the America.Fun Entities and affiliates. 20.2. Platform Derivatives. To the extent any derivative works, analytics, layouts, or outputs are generated by the America.Fun Platform through automated or technical processes that do not consist of User Materials themselves, such derivative works shall form part of the America.Fun IP. 20.3. No Assignment of User IP. For the avoidance of doubt, except as expressly licensed under Section 18, you do not assign and the America.Fun Entities do not claim ownership of your User Materials, User-Generated Digital Assets, trademarks, branding, or other intellectual property. 21. General 21.1. You agree and acknowledge that: (i) we are not responsible for any User Material (whether provided by you or by third parties) which may be used on, uploaded to or made available on the America.Fun Platform and America.Fun Services, including user-generated Digital Assets; and (ii) use of any such User Material and user-generated Digital Assets is at your own risk and that we do not provide any warranties in relation to the same. 21.2. We shall have the right at our sole and absolute discretion to remove, modify or reject any content that you submit to, post, use or display on the Platform (including any User Material and user-generated Digital Assets) for any reason. We reserve the right to take any actions as we deem appropriate at our sole discretion, including giving a written warning to you, removing any User Material and user-generated Digital Assets, recovering damages or other monetary compensation from you, suspending or terminating your access to the America.Fun Platform and America.Fun Services. We have the right to restrict or ban you from any and all future use of the America.Fun Platform and America.Fun Services. 21.3. You agree that we may record any communications, electronic, by telephone, over video call, chat, VOIP or otherwise, that we have with you in relation to these Terms, and that any such record that we keep will constitute evidence of the communications between you and us. You agree that telephone conversations and video calls may be recorded so that we can respond to inquiries, ensure compliance with Applicable Laws, improve our services and provide customer support. 22. Prohibited Use By using America.Fun, including carrying out any Transaction, and without prejudice to any other restriction or limitation set out in these Terms, you agree that you will not: a. breach these Terms or any agreement entered into pursuant to them; b. use the America.Fun Platform and/or America.Fun Services in a manner that violates our Prohibited Use Policies; c. use the America.Fun Platform and/or America.Fun Services for commercial purposes, including transactions on behalf of other persons or entities, unless expressly agreed by us in writing; d. engage in market manipulation, including pump and dump schemes, wash trading, or any activity designed to control or artificially affect the price of any Digital Asset; e. engage in fraudulent activities, or cause us to suspect that you have done so; f. undertake activities that may result in disputes, chargebacks, penalties, or liability to any party; g. provide false, inaccurate or misleading information in connection with your use; h. use bots, spiders, deep links, or other tools to access or copy data from the America.Fun Platform in unauthorized ways; i. attempt unauthorized access, probe, scan or test vulnerabilities of the Platform; j. reverse-engineer or otherwise attempt to extract source code or intellectual property; k. copy, republish, or otherwise exploit any part of America.Fun IP or services; l. spread malware, spyware, or any software designed to harm systems or users; m. use anonymizing proxies, spoof IPs, or manipulate system behaviors; n. create or purport to create any security interest over your user-generated Digital Assets; o. violate any Applicable Law or third party IP or privacy rights; p. access or attempt to access America.Fun or America.Fun Services from any prohibited or sanctioned jurisdictions (including Cuba, Iran, North Korea, Syria, Russia). 23. Staking 23.1. Staking Feature. America.Fun may allow you to stake certain Digital Assets by submitting Instructions that interact with one or more smart contracts (the “Staking Contracts”). By staking, you direct the Staking Contracts to lock, delegate, transfer, or otherwise control your Digital Assets according to the rules encoded in the applicable Staking Contracts and as displayed on America.Fun at the time you submit your Instruction. 23.2. User-Controlled; No Custody. Staking is initiated solely by you through your Wallet. You acknowledge and agree that (a) we do not take custody of your Digital Assets, (b) we do not control your Wallet or private keys, and (c) Staking Contracts are deployed and executed on-chain and may operate independently of the America.Fun interface. 23.3. Rewards Are Not Guaranteed. Any rewards, yield, fees, or other distributions (“Rewards”) that may be displayed or referenced on the America.Fun Platform are estimates only and may change at any time. Rewards are not guaranteed and may be lower than expected or zero, and are subject to change at any time depending on the Platform (including, without limitation, changes to parameters, eligibility, distribution mechanics, claim windows, or available Rewards pools). You acknowledge and agree that Rewards (if any) may also be affected by factors outside our control, including market conditions, protocol parameters, third-party actions, network congestion, price volatility, and smart contract behavior. 23.4. Lockups; Early Unlock Penalties. Certain staking options may include lockup periods, cooldowns, claim windows, forfeiture rules, early unlock penalties, or other restrictions. You are solely responsible for reviewing and understanding the applicable rules and consequences before staking or unstaking. Once you submit an Instruction, it is irreversible and may result in penalties, forfeiture of principal and/or Rewards, or other outcomes as determined by the Staking Contracts. 23.5. Staking Risks. You understand and agree that staking Digital Assets involves substantial risk, including the risk of partial or total loss of your staked Digital Assets and/or Rewards. Risks include, without limitation: smart contract vulnerabilities or exploits; protocol or oracle failures; network events; validator or third-party failures; slashing (if applicable); forks; governance changes; degraded liquidity; price volatility; and any errors or failures of the America.Fun Platform, the Solana network, or other third-party services. 23.6. No Advice. We do not provide investment, tax, legal, or accounting advice regarding staking. You are solely responsible for determining whether staking is appropriate for you and for obtaining any independent advice you deem necessary. 23.7. No Liability for Staking Losses. To the maximum extent permitted by Applicable Law, the America.Fun Entities and affiliates will not be liable for any losses, damages, or liabilities arising out of or relating to Staking, including any loss of principal, loss of Rewards, forfeitures, penalties, missed claim windows, failed or delayed transactions, smart contract behavior, or market price changes, except where such losses arise solely and directly from our wilful misconduct or actual fraud. 23.8. Third-Party and Protocol Responsibility. Where staking Functionality depends on third-party protocols, validators, liquidity mechanisms, token issuers, or other external systems, you acknowledge that we do not own or control such third parties and we are not responsible for their acts or omissions, including any changes to protocol rules, reward rates, eligibility, or availability. 24. Representations and Warranties You hereby represent and warrant to us, at all times, the following: a. all decisions made in connection with these Terms were solely and exclusively based on your own judgement; b. you have full power, authority, and capacity to (i) access and use the America.Fun Platform and America.Fun Services; and (ii) enter into and perform your obligations under these Terms; c. where participating in user-generated Digital Assets, you have independently assessed such assets and are using no more of your financial resources than is prudent and reasonable; d. all consents, approvals, and registrations required to use the America.Fun Platform and America.Fun Services have been lawfully obtained; e. you either (i) have enforceable rights to use any images and IP uploaded to the America.Fun Platform, or (ii) have obtained all necessary permissions to do so; f. these Terms constitute valid and legally binding obligations enforceable against you; g. if you are a legal entity, you are duly incorporated and validly existing under your jurisdiction’s laws; h. your access and use of the America.Fun Platform and America.Fun Services will not: (i) breach your constitutional documents if you are a legal entity; (ii) breach any instrument or agreement you are a party to; and (iii) cause any party to breach any Applicable Law or legal decision. 25. Technology Disclaimers 25.1. The America.Fun Platform and America.Fun Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express or implied, to the maximum extent permitted by Applicable Law. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. 25.2. We do not warrant that access to the America.Fun Platform or America.Fun Services will be continuous, uninterrupted, timely, or error-free. Delays, service interruptions, and time-sensitive transaction failures may occur. 25.3. Access may be suspended from time to time for scheduled or emergency maintenance. We make no guarantees regarding processing times for Transactions, which may vary due to blockchain conditions or other external factors. 25.4. Although we strive to ensure up-to-date content, we make no representations, warranties, or guarantees that the content on the America.Fun Platform is accurate, complete, or current. 25.5. Links to third-party websites are provided as a convenience. We do not control and are not responsible for the content or services available on any third-party sites. 25.6. You are responsible for obtaining the necessary network access to use the America.Fun Platform and America.Fun Services, and for ensuring your devices are compatible. We do not guarantee operation across all devices and platforms. 26. Indemnity 26.1. You hereby undertake and agree to indemnify us and hold us harmless upon demand from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any and all persons or entities, including third-parties, governmental authorities, and industry bodies, as well as all claims, liabilities, damages (actual and consequential), losses (including direct, indirect, or consequential), costs, and expenses, including all interest, penalties and legal or other reasonable attorneys' fees and professional costs ("Losses"), arising out of or in any way connected with: a. your access to or use of the America.Fun Platform and America.Fun Services; b. your breach or alleged breach of these Terms; c. your contravention of any Applicable Law; and d. your violation of the rights (intellectual property or otherwise) of any third party. 26.2. You irrevocably and unconditionally agree to release us from any and all claims and demands (and waive any rights you may have now or in the future), arising directly or indirectly out of or in connection with any dispute you have with another user or third party, connected in any way with the America.Fun Platform, America.Fun Services, or these Terms. 27. Liability 27.1. The America.Fun Entities and affiliates are not responsible for any loss suffered by you or any third party, except where such loss arises solely and directly from our wilful misconduct or actual fraud. We are not liable for any loss related to user-generated Digital Assets. 27.2. To the maximum extent permitted by Applicable Law, the total aggregate liability of the America.Fun Entities and affiliates to you for any and all claims arising out of or relating to these Terms, the America.Fun Platform, or the America.Fun Services shall not exceed the greater of: a. the total fees actually paid by you to the America.Fun Entities for the specific transaction giving rise to the claim; or b. USD $100 (or the equivalent in another currency). This limitation shall not apply to liability arising solely and directly from our wilful misconduct or actual fraud. 27.3. You agree that we are unaware of your specific circumstances and that monetary damages are an adequate remedy. You are not entitled to remedies such as injunction or specific performance except where required by Applicable Law or as expressly permitted under Section 29. 27.4. We are not liable for: a. direct or indirect losses arising from actions, delays, market fluctuations, technical failures, third-party behavior, or smart contract execution; b. loss of profits, opportunities, or business due to use or inability to use the America.Fun Platform; c. any error, Manifest Error, market volatility, or cancellation of a transaction; d. any claim brought more than one year after the cause of action arose. 27.5. We are not liable for malware, phishing, or spoofing attacks. You are responsible for using antivirus software and for protecting access credentials to your Wallet and devices. 28. Governing Law Aside from where Applicable Law requires or provides you with a choice otherwise, these Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of the British Virgin Islands. 29. Dispute Resolution and Arbitration PLEASE READ THIS SECTION CAREFULLY: IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. 29.1. Binding Arbitration. Except for disputes where we seek injunctive or equitable relief related to intellectual property, you waive your rights to have Disputes adjudicated in court or before a jury. All Disputes must be resolved by binding arbitration. 29.2. Informal Dispute Resolution. You must notify us in writing of any Dispute within thirty (30) days of its arising. You agree to engage in a good faith informal resolution process, including at least one telephonic conference before proceeding to formal arbitration. 29.3. Arbitration Process. Arbitration will be conducted in Tortola, British Virgin Islands, under the BVI Arbitration Act 2013. A single arbitrator with relevant experience will be appointed. English shall be the language of arbitration. Arbitration is private and confidential unless disclosure is legally required. 29.4. No Class Actions. All Disputes must be brought individually. Class arbitrations, class actions, and representative actions are strictly prohibited. 29.5. Consolidated Arbitrations. Arbitrations may be consolidated when appropriate, such as when they share common facts or legal issues. Consolidation shall not permit any form of class, representative, or collective proceeding. 29.6. Mass Arbitrations. If 25+ similar claims are filed, a batching procedure will apply. Selected test cases will go to arbitration first, followed by mediation. Claims not resolved may return to arbitration in batches or may be opted out for court filing. 29.7. Severability. If any part of this arbitration clause is found unenforceable, the rest will still apply. Waivers are enforceable to the extent permitted by law. 29.8. Jurisdiction of Arbitrator. The arbitrator shall have exclusive authority to determine the scope, validity, and arbitrability of any Dispute. 29.9. These arbitration provisions survive the termination of these Terms. 30. Contact 30.1. If you have questions, feedback, or complaints you can contact us via our Support team through https://t.me/official_america_dot_Fun. 30.2. Where necessary, and in accordance with your Privacy Notice, we will contact you using the details you have provided to us or that we may reasonably find, such as via directly messaging you on X (formerly known as Twitter). 31. General Terms 31.1. You must comply with all Applicable Law, licensing requirements, and third-party rights, including data protection and anti-money laundering laws. 31.2. We may give notice to you electronically, including through Telegram or social media. You must provide notice to us as directed in these Terms. 31.3. Official announcements will be made on X (formerly Twitter) from the official America.Fun account. 31.4. These Terms constitute the whole agreement between you and the America.Fun Entities and affiliates. 31.5. You may not assign your rights without our prior written consent. We may assign ours freely. 31.6. If any clause is found invalid, the remainder of the Terms remains in effect. 31.7. We may record communications with you, including calls and messages, as evidence and for support. 31.8. In case of conflict, the English version of the Terms prevails over any translations. 31.9. These Terms do not create third-party beneficiary rights. 31.10. Provisions that naturally survive termination will remain binding. 31.11. These Terms do not establish a partnership, joint venture, or agency relationship. 31.12. We are not liable for delay or failure to perform due to a Force Majeure Event. 31.13. No delay or omission in enforcing rights shall waive future enforcement. 31.14. We may set-off amounts you owe us; you must pay what you owe free from deductions or counterclaims. 31.15. If you receive another user’s information, you must keep it confidential and only use it lawfully. 31.16. If you breach these Terms, we may disclose the breach and related information for user safety. 31.17. You are responsible for determining and paying all applicable taxes related to your use of the America.Fun Platform and America.Fun Services. 32. Wallets 32.1. To use the America.Fun Platform and America.Fun Services, you must connect or access a digital wallet that is compatible with the Platform (a “Wallet”). Wallets may be provided by third-party wallet providers or generated through third-party infrastructure integrated into the Platform. You acknowledge and agree that the America.Fun Entities and affiliates do not provide Wallet services, do not control any Wallet, and do not have access to your private keys, seed phrases, credentials, or signing authority. 32.2. You are solely responsible for maintaining the security, confidentiality, and control of your Wallet and any associated credentials, private keys, or recovery information. The America.Fun Entities and affiliates are not responsible for any loss, theft, or compromise of your Digital Assets arising from Wallet access, key management, user error, device compromise, phishing, malware, or third-party Wallet provider actions. 32.3. Where Wallet Functionality is provided or facilitated by third-party providers, you acknowledge that such providers operate independently of America.Fun and may be subject to separate terms, conditions, and privacy policies. America.Fun does not endorse, control, or assume responsibility for the operation, availability, or security of any third-party Wallet. 32.4. At no time do the America.Fun Entities or affiliates take custody of, hold, manage, or control your Digital Assets. All Transactions are executed through Instructions that you explicitly approve and cryptographically sign using your Wallet. 32.5. America.Fun does not guarantee the availability, compatibility, or continued support of any particular Wallet or Wallet provider and may modify or discontinue Wallet integrations at any time. 33. Definitions and Interpretation In these Terms: 33.1. Clause headings and numbering are for convenience only and do not affect the meaning or interpretation. 33.2. “Include” and “including” mean without limitation. 33.3. Any obligation not to do something includes not permitting it to be done. 33.4. Words in the singular include the plural and vice versa; words referring to gender include all genders. 33.5. References to documents include any variations or amendments not in breach of these Terms. 33.6. In case of inconsistency: a. the Privacy Notice prevails over these Terms. b. these Terms prevail over any other referenced documents unless otherwise stated. 33.7. Capitalized terms shall have the meanings assigned in the Terms unless context requires otherwise. Defined Terms Activity History: The record of your Transactions and activity on the America.Fun Platform and America.Fun Services. Applicable Law: All relevant laws, regulations, rules, and legal requirements in any jurisdiction applicable to the provision or use of the America.Fun Platform or America.Fun Services. Backed Digital Assets: Digital Assets that claim to be backed or pegged to another asset, such as fiat, commodities, or other cryptocurrencies. Claim: Any dispute or legal controversy between you and America.Fun Entities relating to these Terms, your use of the platform, or related non-contractual obligations. Control: Power to direct the affairs of an entity, including majority ownership, board appointment rights, or equivalent authority. Digital Assets: Digitally represented value stored and transferred via distributed ledger technologies, including cryptocurrencies, NFTs, and tokenized derivatives. Dispute: any claim, dispute, or controversy arising out of or relating to these Terms, the America.Fun Platform, the America.Fun Services, any Instruction or Transaction, or the relationship between you and any America.Fun Entity, including any question regarding the existence, validity, interpretation, breach, or termination of these Terms. Force Majeure Event: Unforeseeable circumstances that prevent us from fulfilling our obligations - e.g., natural disasters, war, pandemics, or major technical failures. Improper Intent: Behavior deemed fraudulent, abusive, or manipulative by America.Fun, including unfair advantages and market manipulation. Instruction: Any command submitted by you to the America.Fun Platform to execute a Transaction. Intellectual Property Rights: Includes copyrights, patents, trademarks, design rights, and any other similar rights worldwide. List of Prohibited Countries: Jurisdictions where access to or use of the America.Fun Platform or America.Fun Services is prohibited or restricted due to applicable sanctions, export controls, or other legal or regulatory requirements. This includes, without limitation, Cuba, Iran, North Korea, Syria, and Russia. Losses: As defined in Clause 26.1, includes direct and indirect damages, costs, and legal fees. Manifest Error: Obvious mistakes in data or actions that are clear and indisputable. Network Event: Events on a blockchain (e.g., 51% attacks or chain reorganizations) that compromise Digital Asset records or control. Privacy Notice: The document outlining how we collect, use, and protect your personal data, located on the america.Fun website. America.Fun Entity: America.Fun., and other affiliated entities behind the America.Fun Platform and America.Fun Services. America.Fun IP: All intellectual property owned or licensed by America.Fun Entities related to the America.Fun Platform and America.Fun Services. America.Fun Platform: The digital interface and system through which users access America.Fun Services. America.Fun Services: Tools and offerings provided by America.Fun, such as digital asset creation, trading. Regulatory Authority: Any relevant national or international regulator, court, tax authority, or government body. Security Breach: Any unauthorized access or cyberattack affecting you, America.Fun, or the America.Fun Services. Sites: The website and all other online interfaces operated by America.Fun. Staking: The act of locking, delegating, depositing, or otherwise interacting with smart contracts or protocols via the Platform in order to become eligible for Rewards or other on-chain outcomes, as determined by the relevant smart contracts and protocol rules. Terms: The full Terms of Use agreement, including referenced documents and future amendments. Trade Marks: All logos, branding, and service marks used in connection with the America.Fun Platform. Transaction: The creation, buying, or selling of Digital Assets on or through the America.Fun Platform. User-Generated Digital Asset: A Digital Asset created by a user via America.Fun Services. User Materials: All content (e.g., Digital Assets, posts, images) that you upload or create via the America.Fun Platform. Wallet: The digital wallet you connect to the America.Fun Platform with. Website: The official America.Fun website at www.america.Fun. © america.Fun 2026