1. General Provisions
2. Becoming a BolloFaucet Client
2.1. Persons interested in using BolloFaucet Systems have to register themselves on a BolloFaucet System by providing BolloFaucet with valid and true information as required in the registration process. A person having successfully completed the registration process (which is confirmed by BolloFaucet) is called a "BolloFaucet Client" and “you”.
2.2. In order to use the trading options on a BolloFaucet System you as a BolloFaucet Client have to verify your account. Your trading limits depend on such verification level. The verification processes and requirements depend mainly on security requirements, in particular AML considerations, and may change from time to time depending on the legal framework.
2.3. You ensure that you keep any and all details of your password confidential and that you only act for yourself and have opened the account only for yourself. It is also forbidden to act as intermediary of any kind or broker of any kind or trustee of any kind for any person or to allow access of any kind to the account to any person other than yourself. As a preventive security measure, BolloFaucet recommends that each BolloFaucet Client uses the two factor authentication identification components ("2FA").
2.4. Persons having US citizenship or being located in the United States may not become a BolloFaucet Client according to regulatory reasons. Depending on the respective local regulatory framework BolloFaucet may exclude other jurisdiction from BolloFaucet's services as well.
2.5. You, as a BolloFaucet Client, shall
2.5.1. ensure prompt execution of any contracts and shall refrain from activities which would thwart or endanger such execution.
2.5.2. immediately report all defects or other problems which you either cause or are made aware of and shall assist BolloFaucet in remedying the problem.
2.5.3. immediately update via a BolloFaucet System or submit to BolloFaucet via a registered mail address any changes to your personal data (name, mailing/postal address and email address). You are aware and accept that BolloFaucet shall always use the last email address and last postal address which you shared with BolloFaucet, and that any message delivered to such email or postal address shall be legally delivered.
2.5.4. at all times ensure that you have your 2FA available and in usable condition, if used by you. In case of loss of the 2FA, you must immediately inform BolloFaucet about this loss and follow BolloFaucet support team members’ instructions. You acknowledge and accept that such instructions may be deferred depending on the utilisation of the BolloFaucet support team and neither BolloFaucet nor WALP Entertainment is liable for any of your claims due to such a delay. If you are not able to follow the instructions and comply with the security rules and requirements, you will neither be able to access the relevant page nor your BolloFaucet Client Account again and the BolloFaucet Client's Account including any Token may not be and cannot be used until you can find/remember/regain the correct 2FA. You are aware and accept this "No Recover Policy" which is a major and important immanent part of a system dealing with cryptographic blockchain-based digital information units.
2.6 BolloFaucet requires certain specified information from you in the process of becoming a BolloFaucet Client. You are aware and accept herewith that BolloFaucet may at BolloFaucet's sole discretion decide at which point in time you must deliver copies of passports (in notarised and apostilled form or not) and any other documents required by law and/or as defined in Data Protection Terms; if being a legal entity copies of company register excerpts or equivalent documents (in notarised and apostilled form or not) and any other documents required by law or as defined in the Data Protection Terms.
3. BolloFaucet Client Account
3.1. BolloFaucet allows only one account per Client ("BolloFaucet Client Account"). Double-accounts are strictly forbidden. Should another account (the "double-account") be created in addition to your first account (the "original-account"), the following applies: BolloFaucet has the right to block and keep the double-account locked. Token which are stored on the double-account will be transferred by BolloFaucet to the BolloFaucet Client's original-account provided that the BolloFaucet Client can proof (for example via the identification service used by BolloFaucet) that they are the same person. In such cases, BolloFaucet is authorised to charge an administrative fee of USD 5.00 and if necessary, deduct the fee from the transferred Token(s).
3.2. BolloFaucet reserves the right to lock and/or freeze and/or close a BolloFaucet Client Account (including the block of a transaction, reverse of a transaction, suspension of a transaction, rescission from a contract/transaction, the loss of any vouchers) immediately and without further notice to the BolloFaucet Client, if
3.2.1. such BolloFaucet Client has been accused of (including any reasonably documented media reports or market rumors on): fraud, terrorist financing, money laundering, tax fraud, or any other breach or violation of relevant criminal, administrative or tax laws in any country of the world, being part of a Ponzi scheme of any kind, using matrix programs/pyramid programmes/multi-level marketing or other high-risk business detrimental to customers of any kind (in particular if participating in a programme as set forth under item 14.5.); unlawful activity in any country of the world; forbidden gambling; intellectual property or proprietary rights infringement, counterfeit or unauthorised goods; using/distributing drugs and drug paraphernalia or substances designed to mimic illegal drugs; producing/distributing adult content and services; using unfair, predatory or deceptive practice via customers or persons; etc.
3.2.2. BolloFaucet has been informed of official investigations (by any competent public authority, in particular but not limited to any public prosecutors in the field of criminal law or tax agents) against such BolloFaucet Client with respect to fraud, terror financing, money laundering, tax fraud, or any breach or violation of relevant criminal, administrative or tax laws in any country of the world.
3.2.3. a BolloFaucet Client has breached his obligations against BolloFaucet under the ToS (e.g. any delayed payment) without curing said breach within 10 “Business Days”.
3.2.4. a BolloFaucet Client has breached any rules or regulations of a payment service provider.
3.2.5 a BolloFaucet Client has breached any rules or regulations of WALP Entertainment.
3.2.6. a BolloFaucet Client has opened more than one account with BolloFaucet.
3.2.8. a BolloFaucet Client uses an account without legal entitlement to use such an account.
3.2.9. a BolloFaucet Client conceals the correct identity by providing incorrect data regarding the BolloFaucet Client Account or an account with a payment service provider.
3.2.10. a BolloFaucet Client manipulates BolloFaucet Systems or any BolloFaucet group’s services. Such manipulation is in particular any use of an automated system (e.g. bot) or any other use which contradicts normal and typical trading behaviour of human beings and, hence, indicates the involvement of a certain technology, software and/or any system automating such trading, except such use has been previously agreed with BolloFaucet. Using an automated system (e.g. bot) is only permitted if you (i) use BolloFaucet and (ii) use the official APIs provided on BolloFaucet in their original and unmodified state.
3.2.11. a BolloFaucet Client conducts their business in such a way or uses BolloFaucet Systems in such a way that causes damage, disadvantages or losses for BolloFaucet and/or impairs any BolloFaucet Service.
3.3. If BolloFaucet is engaged by you to remedy a declared and/or alleged deficiency and it is proven that no deficiency exists, existed or that the deficiency is or was in your sphere, BolloFaucet is entitled to charge compensation for any resulting expense.
3.4. BolloFaucet may charge – in addition to any damage claims which BolloFaucet might have against such BolloFaucet Client – for BolloFaucet's additional efforts in connection with items 4.2. and 4.3. a processing fee of up to USD 50.00 or any part of Virtual Currency having the value of up to USD 50.00 at the time of the measure set in accordance with item 4.2. and 4.3.
4.1. You as a BolloFaucet Client understand and accept the following risks in connection with using BolloFaucet Systems. In particular, but without being limited to these examples, you understand the inherent risks set forth above and hereinafter:
i. Risk of software weaknesses: The underlying software application and software platform, the BolloFaucet Systems, mobile applications and System technology, the smart contract systems and other involved software and technology and technical concepts and theories are still in an early development stage and unproven. There is no guarantee or warranty that the process for receipt, use and ownership of any cryptographic blockchain-based digital information units will be uninterrupted or error-free and there is an inherent risk that the software and related technologies and theories could contain weaknesses, vulnerabilities or bugs causing, inter alia, the complete loss of any cryptographic blockchain-based digital information units, in particular but not limited to token, or any value of any cryptographic blockchain-based digital information units.
ii. Regulatory risk: Blockchain technologies allow new forms of interaction. It is possible that certain jurisdictions will apply existing regulations, or introduce new regulations addressing, on blockchain technology-based applications, which may have negative influence on the current setup of the systems and which may, inter alia, result in substantial modifications to the/any cryptographic blockchain-based digital information units/BolloFaucet System technology, including its termination or the loss of any cryptographic blockchain-based digital information units or any value which any cryptographic blockchain-based digital information units might have. BolloFaucet System technology is planned for a market, which is not regulated by financial markets rules. It is the design and intended structure not to fall under any financial market rules and BolloFaucet and WALP Entertainment intend to design, modify and/or adapt the BolloFaucet System technology in such way that financial market rules are not applicable on any cryptographic blockchain-based digital information units and/or BolloFaucet System technology. Respectively within the regulatory risk category also changes in the BolloFaucet System technology with respect to such adaptions, amendments and re-designs may cause termination or the loss of any cryptographic blockchain-based digital information units or any value which any cryptographic blockchain-based digital information units might have.
iii. Risk of abandonment/lack of success: The allocation of any cryptographic blockchain-based digital information units and the development of the any cryptographic blockchain-based digital information units technologies might be abandoned for a number of reasons, including lack of interest from industry, community and/or the public, lack of funding, lack of commercial success or prospects (e.g. caused by competing projects). Respectively even if BolloFaucet System technology is partially or fully developed and launched, it could happen that any cryptographic blockchain-based digital information units do not receive any functionality.
iv. Risk of theft and internet vulnerability: The underlying software application and software platform, the BolloFaucet System technology, the smart contract system(s), other involved software, other technology components and/or platforms may be exposed to electronic or physical attacks that could result in the theft or loss of cryptographic blockchain-based digital information units, or the theft or loss of private data, impacting the ability to develop, launch or use BolloFaucet System technology. You should be aware that SMS/messages and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from BolloFaucet or WALP Entertainment. You should always log into your BolloFaucet Client Account through https://www.BolloFaucet.com to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice. You should note that phishing attacks often occur despite SMS or email or equivalent services, via search engines or ads in search engines, or other fraudulent links. Neither BolloFaucet nor WALP Entertainment take any responsibility for lost Token or any other funds due to spoofing, phishing or other equivalent attacks.
v. Risk of blockchain mining attacks: As with any other public blockchain-based systems, the BolloFaucet System technology may be susceptible to attacks including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks or any other mining or non-mining related attacks. Any successful attacks present a risk to the BolloFaucet System technology, expected proper execution and sequencing of cryptographic blockchain-based digital information units transactions and expected proper execution and sequencing of software computations.
vi. Risk of depreciation in value/extreme volatility: As cryptographic blockchain-based digital information units are not regulated the value of cryptographic blockchain-based digital information units is assessed differently. Respectively the value of cryptographic blockchain-based digital information units in whatever form might experience extreme volatility and/or the value of cryptographic blockchain-based digital information units might decline to zero. As additional cost with respect to regulatory or other risks might be triggered – and if such cost are added for the purpose of calculation to the value of cryptographic blockchain-based digital information units (whatever value you might give to the cryptographic blockchain-based digital information units) – cryptographic blockchain-based digital information units might also decline in their value to zero.
vii. General risk: There is no guarantee/warranty whatsoever on cryptographic blockchain-based digital information units and/or the success of the BolloFaucet System technology, expressed or implied, to the extent permitted by law, and that cryptographic blockchain-based digital information units are created and obtained at the sole risk of the BolloFaucet Client on an “as is” and “under development” basis and without, to the extent permitted by law, any guarantees/warranties of any kind, including, but not limited to, warranties of title or implied warranties, merchantability or fitness for a particular purpose;
viii. Market and community risk: You are aware of the risks of soft and hard forks and splitting including the broad possible changes to BolloFaucet System technology which might be imposed by the market or community on BolloFaucet/BolloFaucet System technology.
ix. Tax risk: The tax consequences of the allocation or purchase of cryptographic blockchain-based digital information units (in whatever form) as well as the exchange of cryptographic blockchain-based digital information units, the holding of cryptographic blockchain-based digital information units (in whatever form), the alienation of cryptographic blockchain-based digital information units (in whatever form) and/or any other action or transaction related to cryptographic blockchain-based digital information units may have tax implications at the level of a BolloFaucet Client; therefore, you should contact your own tax advisors on the tax consequences in connection with the cryptographic blockchain-based digital information units and the BolloFaucet System technology; by making a BolloFaucet Client Offer to BolloFaucet, using WALP Entertainment and/or by receiving, using or holding cryptographic blockchain-based digital information units, and to the extent permitted by law, you agree not to hold any associated party (including BolloFaucet, BolloFaucet's auditors, BolloFaucet's contractors, BolloFaucet's advisors, BolloFaucet's employees or BolloFaucet's founders) liable for any tax liability associated with or arising from making an BolloFaucet Client Offer, using BolloFaucet, the allocation, use or ownership of cryptographic blockchain-based digital information units or any other action or transaction related to cryptographic blockchain-based digital information units.
5. A “Coinswap” with BolloFaucet is exclusively done in the following way: You offer bindingly to exchange (part of) Virtual Currency into another type of Virtual Currency. To make such binding offer you have to (i) correctly fill in all necessary, valid and correct data on BolloFaucet's respective trading screen and (ii) click/confirm "Make Exchange" button (item (ii) referred to as the "Final Offer Click Swap" together with the Final Offer Click. the “Final Offer Clicks”). For the avoidance of doubt in this context "swap now" is to be interpreted and qualified exclusively as "binding offer to accept the receipt of Virtual Currency in exchange for the specified amount of another type of Virtual Currency".
5.1. The offers mentioned in item 3.1.1., 3.1.2. and 3.1.3. are herein referred together as "BolloFaucet Client Offer". You are bound by a BolloFaucet Client Offer for a period of one week after the respective Final Offer Click ("Offer Period"). BolloFaucet immediately sends you confirmation upon receipt of a BolloFaucet Client Offer.
5.2. Any figures, numbers, exchange reference prices or other relevant publications by BolloFaucet, either on relevant websites or mobile applications or in another way, are in no case offers, nor binding offers, nor guarantees for an exchange but always to be seen as invitations to you to provide offers for exchange to BolloFaucet (invitation ad offerendum).
5.3. BolloFaucet exclusively allows BolloFaucet Clients to make exchange offers based on positive balances on the respective BolloFaucet Client Account. Short selling, meaning an offer with respect to Token which are not registered as having a positive balance on the respective BolloFaucet Client Account, is forbidden and blocked by the system. A BolloFaucet Client Offer is technically limited with your positive balance of such offer and the limits pursuant to your verification level. BolloFaucet reserves the right to further limit the range of a BolloFaucet Client Offer at BolloFaucet's sole discretion to certain specified limits per BolloFaucet Client.
5.4. Delays in the processing of the BolloFaucet Client Offers can occur due to unforeseen technical disruptions. Therefore, neither BolloFaucet nor WALP Entertainment offer any guarantee of immediate offer processing nor assume any liability related thereto, in particular not with respect to any changes of prices, valuations or other conditions with respect to any offered Token or services, except the Price Guarantee as outlined in item 3.1.1. of these ToS.
5.5. You are aware that there might be significant delays when shipping Token to your BolloFaucet Account Wallet, since most Token are stored "cold", which means offline. Respectively additional non-automated handling might be necessary triggering such delays.
6.1. Investing in cryptographic blockchain-based digital information units is highly speculative with a risk of loss of the entire capital invested. Such investment is only suitable for users, who can bear a loss of the entire invested capital.
6.2. Investing in cryptographic blockchain-based digital information units means investing in something totally new and unpredictable. Such investment is only suitable for users, who want to take maximum risk.
6.3. Cryptographic blockchain-based digital information units are no currencies or means of payment and are neither accepted by states, central banks nor must a private person accept them in any way.
6.4. BolloFaucet does not take any responsibility for cryptographic blockchain-based digital information units that are or tend to be collateralised, backed or pegged by a currency that is legal tender or any other asset of whatever form (e.g. stablecoins) as all actions in connection to such cryptographic blockchain-based digital information units are in the sole responsibility of its issuer and BolloFaucet has no discretion over such actions. You agree and confirm that such cryptographic blockchain-based digital information units are collateralised, backed or pegged solely by the issuer and not by BolloFaucet itself. Therefore, you cannot redeem or convert such cryptographic blockchain-based digital information units with BolloFaucet.
6.5. You use the offered BolloFaucet Systems at your own risk.
7. Our Service
7.1 Virtual Currency Wallet Services.
BolloFaucet is wallet service provider that enables you to store, track, transfer, and manage your balances of certain supported virtual currencies (collectively, “Virtual Currency Transactions”). We will process Virtual Currency Transactions in accordance with the instructions we receive from you. Prior to submitting instructions to us, you should verify all transaction information. We do not guarantee the identity of any recipient, user, requestee or other party. You cannot reverse a Virtual Currency Transaction once it has been broadcast to the relevant Virtual Currency network. If a Virtual Currency Transaction has not yet been confirmed on the Virtual Currency network, Virtual Currency associated with such transaction will be designated as pending and will not be included in your Virtual Currency wallet balance or be available to conduct Virtual Currency Transactions. You cannot reverse or change any Virtual Currency Transaction marked as complete or pending. You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws) in your use of the Services. We may refuse to process or cancel any pending Virtual Currency Transaction as required by law or any court or other authority to which we are subject in any jurisdiction. We further reserve the right to delay any Virtual Currency Transaction if we perceive a risk of fraud or illegal activity. We also have the right to refuse to process or cancel any Virtual Currency Transaction due to technological issues with the blockchain software, our own software, or for other technological reasons. Our Services are available only in connection with those virtual currencies that we support which may change from time to time. A full list of the virtual currencies we currently support can be found on the Website at Supported Coins. You will not use your Account or your virtual currency wallet to store, send, request, or receive virtual currencies in any form that we do not support (we will use reasonable efforts to help you move or sell virtual currency that we no longer support). We assume no responsibility or liability in connection with any attempt to use your Account or virtual currency wallet for virtual currencies that we do not support. 3 You acknowledge that: (i) BolloFaucet is not a bank or brokerage and the Services provided are facilitation services rather than banking services; and (ii) BolloFaucet is not acting as a trustee, fiduciary or escrow with respect to your virtual currency or funds, but is acting only as a Service provider. You agree that you will not receive interest or other earnings in your Account or virtual currency wallet from the use of our Services except through your own Virtual Currency Transactions and BolloFaucet has no responsibility or liability to you for Virtual Currency Transactions conducted by you or conducted by us in accordance with your instructions. You are prohibited from using our Services for any illegal or fraudulent purposes or for the purpose of consummating transactions for any other parties. By initiating Virtual Currency Transactions or by sending and receiving virtual currency, you appoint BolloFaucet as your nominee custodian to manage your Account where it is appropriate in the sole opinion of BolloFaucet or by your instruction. Should we suffer any damage, expense, liability, cost or loss from your use of our Services, you shall indemnify and reimburse us in full for such damage, expense, liability, cost or loss within five days of receiving an invoice from us (the “Payment Deadline”). If you fail to pay by the Payment Deadline or payment is not sufficient to reimburse us for such damage, expense, liability, cost or loss, we reserve the right to debit your Account accordingly and/or to withhold amounts from virtual currency or funds you have requested to transfer.
7.2 Internet Provider.
BolloFaucet acts as a Service provider by creating, hosting, maintaining and providing our Services to you via the Internet. We cannot ensure that a buyer or a seller you are dealing with will actually complete the Virtual Currency Transaction and all risk of a Virtual Currency Transaction remains with you. We do not guarantee continuous, uninterrupted or secure access to our Services or the BolloFaucet Site and we make no representations or warranties regarding the amount of time needed to complete Virtual Currency Transaction processing which is dependent upon many factors outside of our control. Access to Services may become degraded or unavailable during times of significant volatility or volume.
7.3 Underlying Protocols.
We do not own, control, operate or maintain the underlying software protocols which govern the operation of the virtual currencies supported by us. In general, the underlying protocols are open source software and anyone can use, copy, modify, and distribute them. By using our Services, you acknowledge and agree (i) that we are not responsible for the operation of the underlying protocols and that we make no guarantee of their security, functionality or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules, which may materially affect the value, function, name of the virtual currency and/or our ability to support certain virtual currencies. In the event of a fork in a virtual currency, you agree that we may temporarily suspend our Services (with or without advance notice to you) and that we may, in our sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You also agree that in the event you send a Virtual Currency Transaction at the time of a Virtual Currency fork, we will only honor the originally-intended Virtual Currency Transaction that you sent. You acknowledge and agree that we assume absolutely no responsibility or liability whatsoever in respect of an unsupported branch of a forked protocol.
7.4 Identity Verification.
During registration of your Account and at any other time you have an Account, you agree to provide us with the information we request for the purposes of ongoing due diligence, identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You agree and represent and warrant that all information you provide us at any time will not be false, inaccurate or misleading. You will need to complete certain verification procedures before you are permitted to use our Services. Your access to our Services and the limits that apply to your use of our Services, may be altered, suspended or terminated as a result of information collected about you on an ongoing basis and/or your failure to provide us with information we request on a timely basis. You authorize us to 4 make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. Verification of Users is only an indication of increased likelihood that a User’s identity is correct. Because User verification on the Internet is difficult, we cannot and do not guarantee any User’s identity. You are solely responsible for the activity that occurs in relation to your Account, and you must keep your Account password secure. We recommend that you use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You must notify us immediately of any breach of security or unauthorized use of your Account by emailing us at [email protected] We will not be responsible or liable for any damages, liability or losses caused by any unauthorized use of your Account. You may control your User profile and how you interact with our Services by changing the settings in your Account settings page. By providing us with your email address, you consent to our using such email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of our Services. If you do not want to receive such email messages, you may opt out by clicking “unsubscribe”, or something similar in the email message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
7.5 No Warranty.
THE BolloFaucet SITE, ALL INFORMATION PROVIDED THROUGH THE BolloFaucet SITE AND OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. To the maximum extent permitted by law, each of us and our respective past, present and future employees, officers, directors, advisors, contractors, consultants, licensors, equity holders, members, partners, shareholders, suppliers, managers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually, a “BolloFaucet Party” and collectively, the “BolloFaucet Parties”) disclaim all representations and warranties, whether express, implied or statutory, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from us or through use of the BolloFaucet Site or our Services will create any warranty not expressly stated herein. Without limiting the foregoing, the BolloFaucet Parties do not warrant that our Services will meet your requirements; the content on the BolloFaucet Site is accurate, reliable or correct; that our Services will be available at any particular time or location, uninterrupted, error-free or secure; that any defects or errors will be corrected; or that the BolloFaucet Site is free of viruses or other harmful components. Use of the BolloFaucet Site and our Services are at entirely your own risk and any content downloaded or otherwise obtained through the use of the BolloFaucet Site or our Services is downloaded at your own risk. The materials and related graphics on the BolloFaucet Site could include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the BolloFaucet Site are your sole responsibility and we shall have no liability for such decisions. Changes are periodically added to the information contained on the BolloFaucet Site. The BolloFaucet Parties may make improvements and/or changes to the BolloFaucet Site, our products and Services and/or the materials described on the BolloFaucet Site at any time. 5 We do or may offer features or services through third parties. We have no control over and do not warrant, endorse, guarantee, or assume responsibility or liability for any product or service advertised or offered by a third party through the BolloFaucet Site or any hyperlinked website or service, and we will not in any way monitor or be a party to any transaction between you and any third-party. We are not responsible or liable for ensuring that a third party you transact with will complete the transaction or is authorized to do so. You use third party services at your own risk and you are solely responsible for reviewing and understanding the implications of using the services of such third parties.
7.6 Limitation of Liability.
To the maximum extent permitted by applicable law, in no event shall any of the BolloFaucet Parties be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of business revenues, loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to: (a) the use of, or inability to use, the BolloFaucet Site or our Services; (b) any information provided by us or available from the BolloFaucet Site; (c) any conduct or content of any other User of our Services or third party; or (d) the failure to receive in any way the transmission of any data, content, virtual currency, funds or property from you. Furthermore and without limiting the generality of the foregoing, under no circumstances will any BolloFaucet Party be responsible for any liability, claim, proceeding, damage, loss, expense or injury resulting from hacking, tampering or other unauthorized access or use of our Services or your Account or the information, virtual currency or funds contained therein. To the maximum extent permitted by applicable law, none of the BolloFaucet Parties shall be responsible or liable for any: (a) errors, mistakes, omissions or inaccuracies of information or content provided by us or on the BolloFaucet Site; (b) loss, liability, cost, expense or damage of any nature whatsoever suffered or incurred arising out of or in connection with your access to or use of the BolloFaucet Site, any of its content or our products or Services; (c) unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d) fault, delays, interruptions or lack of availability of the BolloFaucet Site or any of our Services or products provided through the BolloFaucet Site; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (f) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the BolloFaucet Site or our Services; and/or (g) action of other Users, User Content (as defined below) or the defamatory, offensive, or illegal conduct of any third party. In no event shall the BolloFaucet Parties be liable to you for any claims, proceedings, liabilities, obligations, expenses, damages, losses or costs in an amount exceeding the amount you paid to us under this Agreement or one hundred U.S. dollars (USD $100.00), whichever is greater. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if a BolloFaucet Party has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
You agree to defend, indemnify and hold harmless each BolloFaucet Party from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the BolloFaucet Site and our Services, including any data, virtual currency or content transmitted or received by you; (b) your violation of any term or condition of this Agreement, including without limitation, your breach of any of the representations and warranties contained herein; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights (as defined below); (d) your violation of any applicable law, rule or 6 regulation; (e) your User Content or any content that is submitted via your Account including, without limitation, misleading, false, or inaccurate information; (f) your fraudulent behaviour, willful misconduct or gross negligence; or (g) any other party’s access and use of your Account or our Services with your unique username, password or other appropriate security code.
8.1. BolloFaucet manages the BolloFaucet Systems with due care. Nevertheless, systems for the exchange of cryptographic blockchain-based digital information units combine various new fields of experimental technology and it is very likely that interruptions, failures and other problems occur. Neither BolloFaucet nor WALP Entertainment gives any guarantee with respect to finding solutions for any such problems as soon as possible. BolloFaucet and WALP Entertainment assume no responsibility other than to try to find solutions and therefore assumes no liability whatsoever for any damage caused by interruptions of a BolloFaucet System because any such interruptions are immanent in an experimental field of technology.
8.2. You are aware that technology-based systems like BolloFaucet Systems need maintenance work and development work and that for such work interruptions of the systems (planned and unplanned) are necessary and system immanent.
8.3. BolloFaucet shall
8.3.1. via business clients only be liable for any direct and foreseeable damage in the case of intent or in cases physical damages of persons negligently caused by BolloFaucet.
8.3.2. via consumers only be liable for any direct and foreseeable damage in the case of intent, gross negligence or in cases of physical damages of persons negligently caused by BolloFaucet.
8.3.3. in no case be liable for indirect damages, consequential damages, especially regarding damages to other software, lost profit, pure property damages of a BolloFaucet Client or third-party damage.
8.3.4. in particular not be liable for damages caused by interruptions of BolloFaucet Systems which are necessary for maintenance work or to avoid network disturbances and/or which are caused by inevitable occurrences which are outside BolloFaucet's and WALP Entertainments control (e.g. energy network disturbances; regulatory authority interference or on-site visits; strikes, riots, environmental causes like earthquakes, storms, etc; wars or national or international conflicts with and without arms; international or national sanctions against certain products, services, persons, countries; legal limitations to cryptographic blockchain-based digital information units at any time or place worldwide; network interference, computer failures or criminal activities through third parties (for example hacking).
8.3.5. not be liable for and cannot guarantee that the security certificates displayed on any BolloFaucet System are completely secure.
8.3.6. not be liable for any loss of users' data (e.g. due to hacker attacks) which are beyond BolloFaucet's and WALP Entertainments sphere. A BolloFaucet Client shall be informed immediately about the loss of data.
8.3.7. assume no liability for (i) stored Virtual Currency in any hot and/or cold wallet for a BolloFaucet Client; (ii) information of the BolloFaucet Client used for transactions into or out of BolloFaucet Systems, (iii) transactions into or out of BolloFaucet Systems, (iv) a BolloFaucet Client or person using websites, mobile applications or services, not provided by BolloFaucet or WALP Entertainment such as third party wallet services or any other services of any third party and (v) any user's login data, BolloFaucet Client login data, 2FA data, or other user data. In using websites or services, not provided by BolloFaucet or WALP Entertainment such as wallet services or any other services of any third parties, BolloFaucet and WALP Entertainment expressly disclaim any liability for the third-party services and are not responsible for the performance of the third-party services or supplier. You as a BolloFaucet Client use these services completely at your own risk. Funds sent to such third parties cannot be reverted, as these parties are not willing to. We can and will not check the reliability of these third parties. We have no obligation to contact or solve the problem with any third party.
8.4. BolloFaucet undertakes to care for the Virtual Currency stored by the BolloFaucet Client to the extent to which it is reasonably technically manageable in BolloFaucet Systems and endeavours to store the majority of these "cold" – meaning offline.
8.5. Refer-a-friend programme
8.5.1. BolloFaucet offers a refer-a-friend programme for an undetermined period of time. A respective referral code for this programme can be found in the BolloFaucet Client's Account. You may recommend a person to register as a new BolloFaucet Client ("Promoter") and to use the Promoter's referral code ("Promoter Referral Code").
8.5.2. You acknowledge and accept that BolloFaucet may modify or terminate the account opening bonus at any time at its sole discretion. In particular, BolloFaucet reserves the right to modify or cancel both the account opening bonus for the Promoter and the amount received by the referred BolloFaucet Client depending on the location/residence and/or nationality of the persons involved.
8.5.3. Within the context of this Refer-a-Friend Programme and for any other context, a Promoter may only use advertising materials provided by BolloFaucet. Alterations to these materials or the use of materials created by the Promoter are strictly forbidden.
8.5.4. Spamming, cold calling or any other intrusive advertising measures are strictly forbidden.
8.5.5. Any act on behalf of BolloFaucet is forbidden (e.g. sending messages on behalf or in the name of BolloFaucet to persons; publishing postings or publishing any statement on behalf of BolloFaucet, editing the logo(s), brands or other material of BolloFaucet, promoting any discounts for the services of BolloFaucet (except for discounts which are published by BolloFaucet themselves)).
8.5.6. Any Promoter must refrain from any Pay Per Click (PPC) or Search Engine Marketing (SEM) activity, including but not limited to Google Adwords, Bing Ads, in terms of (i) advertising on behalf of BolloFaucet and leading users directly to BolloFaucet Systems, the Promoter’s website or any other third party website as a result of that paid advertising, as well as (ii) bidding on BolloFaucet brand terms, including any forms of misspellings and typos, also (iii) using BolloFaucet brand terms, including any misspellings or typos within the paid ads text, and (iv) directly competing against BolloFaucet ads in order to show on the search results pages.
8.6. You accept and confirm with each transaction hereunder that you accept and confirm these ToS in the current form.
8.7. If one or more of the provisions of these ToS or one or more of the schedules hereto are or will become invalid or unenforceable, or if one or more of the provisions of these ToS or one or more of the schedules hereto are or will become incomplete, the other provisions of these ToS and the schedules hereto will remain valid without limitation, save that the main obligations of the parties hereunder remain unaffected. Such provision – having been found illegal or unenforceable in whole or in part, shall be ineffective solely to the extent of such determination of invalidity or unenforceability only with respect to the jurisdiction in which it has been found illegal or unenforceable, without having any effect on any other jurisdiction. Each invalid or unenforceable provision shall be replaced or completed by a valid and enforceable provision in such a way that the new provision closely reflects the legal and economic effects the parties have concurrently aimed at in the invalid or unenforceable provision.
8.8. Changes to and amendments of these ToS, including this clause, may be made by BolloFaucet at any time and become effective at the earlier of (i) the BolloFaucet Client accepts online the amended ToS or (ii) within 1 month after having published such changes or amendments.
8.9. The ToS exclusively govern the relationship between you and BolloFaucet and supersede any prior statements or agreements. Any terms and conditions (AGB) of you are excluded from being applicable on the relationship between you and BolloFaucet.
8.10. The failure of BolloFaucet to enforce or to exercise, at any time or for any period of time any term of or any right or remedy arising pursuant to or under the ToS shall not constitute, and shall not be construed as, a waiver of such term or right or remedy and shall in no way affect BolloFaucet's right to enforce or exercise it later, provided that such right is not time barred, expired or precluded. Any waiver to this effect must be explicitly made in writing.
8.11. The ToS and any transaction hereunder shall be governed by and construed in accordance with the laws of Costa Rica to the exclusion of the provisions of the United Nations Convention on the International Sale of Goods and without giving effect to any statutory conflict of law provisions or rules that would cause the application of the law of any jurisdiction other than Costa Rica.
CAUTION: The risk of loss in using and/or holding virtual currencies can be substantial. Therefore, you should carefully evaluate whether you can bear the risk of using and/or holding virtual currencies and whether it is suitable for you.