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Terms & Conditions

Terms & Conditions

Last updated: April 2, 2025

Welcome to FowlPlay.xyz (“Site”). By accessing the Site, purchasing NFTs, entering sweepstakes, or joining our affiliate program (collectively, the “Services”), you agree to these Terms. If you do not agree, do not use the Services.

1) Use of the Site

Use the Site only for lawful purposes and in a way that does not infringe others’ rights or restrict their use of the Site. You may not: (a) hack, probe, or interfere with security or APIs; (b) copy, scrape, frame, or use our content, logos, or NFTs without written permission; (c) submit false, misleading, or fraudulent information; or (d) violate applicable export, sanctions, or anti-money laundering laws.

2) NFT Pre-Sale / Digital Goods

  • When you purchase a pre-sale NFT, you receive a unique claim code after checkout. This code is required to mint when the collection goes live. You are solely responsible for securely storing your code and wallet credentials; lost codes or private keys cannot be recovered.
  • Delivery/minting may be delayed due to network congestion, smart-contract updates, audits, or platform restrictions. We may modify the minting schedule; we’ll post updates on the Site.
  • All NFT sales are final and non-refundable. Network gas, marketplace, or bridge fees are your responsibility.
  • NFTs are digital collectibles for entertainment only and may not have investment value. Secondary-market availability and pricing are not guaranteed.
  • You acknowledge blockchain risks (congestion, forks, bugs, downtime), smart-contract risk, wallet loss/compromise, and third-party failures. We are not liable for such events.

3) Sweepstakes & Promotions

  • Participation in giveaways/raffles/sweepstakes is governed by the Official Sweepstakes Rules, incorporated here by reference. No purchase necessary (see the Official Rules for free alternate entry).
  • If a prize involves a newly released smartphone (e.g., iPhone 17 Pro Max), fulfillment occurs after first official retail availability and may take 30–90 days from that date, subject to supply. If a selected model is unavailable/cancelled, we may substitute a comparable device of equal or greater MSRP at our discretion.
  • Apple Inc. and Samsung Electronics are not sponsors of, affiliated with, or responsible for our sweepstakes or Services.

4) Affiliate Program

  • You agree to ethical promotion (no spam, misleading claims, or illegal content).
  • Referrals are tracked via cookies/links; self-referrals or fraud void commissions.
  • Payouts and rules are managed via our WP Affiliate Plugin and may change.
  • We may suspend or terminate an affiliate account at any time, with or without notice, for suspected abuse or policy violations.

5) Intellectual Property

All Site content (text, images, NFTs, code, logos) is owned by Fowl Play or its licensors and protected by IP laws. You may not reproduce, distribute, or create derivative works without our written consent. If you submit content to us, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display it in connection with the Services.

6) Accounts, Wallets & Security

You’re responsible for your account, wallet addresses, claim codes, and any activity under them. Notify us promptly of any unauthorized use. We may require identity verification where legally required and may refuse service to any person or jurisdiction at our discretion.

7) Third-Party Services

Payment processors, blockchain networks, wallets, and marketplaces are third-party services. We are not responsible for their acts, omissions, fees, or downtime.

8) Disclaimer; Limitation of Liability

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOSS OF NFTs, WALLET COMPROMISE, NETWORK/GAS FEES, OR THIRD-PARTY FAILURES. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 3 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9) Indemnification

You agree to indemnify and hold harmless Fowl Play, CENSORED STUDIOS.CO, and their officers, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of your use of the Services, violation of these Terms, or infringement of any rights.

10) Privacy

We handle personal data per our Privacy Policy, which explains what we collect and how we use it (including sweepstakes communications and affiliate tracking). By using the Services, you consent to receiving service, transactional, and promotional messages as permitted by law; you can opt out as described in our Privacy Policy.

11) Modifications; Suspension

We may update the Services or these Terms at any time. Changes are effective when posted with a revised “Last updated” date. We may suspend or discontinue any feature or the entire Service, including a mint or promotion, without liability.

12) Dispute Resolution; Governing Law

These Terms and any dispute are governed by Florida law, without regard to conflict-of-laws rules. Venue is exclusively in state or federal courts located in Miami-Dade County, Florida.
Optional (recommended): Add binding arbitration and class-action waiver if you want them—say the word and I’ll drop in compliant language.

13) Eligibility & Geographic Restrictions

The Services (including sweepstakes) are intended for U.S. residents 18+. We may restrict access in jurisdictions where our Services are illegal or require registration. You represent that you are not subject to sanctions or on any restricted-party list.

14) Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (e.g., network outages, hacks, strikes, regulatory actions, war, pandemics, supply-chain constraints).

15) Severability; Assignment; Entire Agreement

If any provision is unenforceable, the remaining provisions remain in effect. You may not assign your rights without our consent; we may assign ours. These Terms, the Official Sweepstakes Rules, and the Privacy Policy are the entire agreement between you and us regarding the Services.

16) Contact

Questions? Email pocketcowdev@gmail.com.