Terms and Conditions

Introduction

Welcome to Fluky! These Terms and Conditions ("Terms") govern your access to and use of our Services, including our website at https://fluky.club and the Fluky Telegram bot ("Bot") (all together named as “Services” or “Service”). By using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Services.

Eligibility

By using Fluky, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. The Services are not intended for individuals under 18 years of age. No one under age 18 may provide any personal information to or through the Services. We do not knowingly collect personal information from individuals under 18. If you are under 18, do not use or provide any information on the Services or through any of their features, make any purchases through the Services, or provide any information about yourself to us. If we learn we have collected or received personal information from an individual under 18 without verification of parental consent, we will delete that information. You are responsible for ensuring that your use of our Services complies with all applicable laws and regulations.

General Disclaimer

We strive to regularly update and supplement the content of our Services. Despite our diligent efforts, content may occasionally be incomplete and/or inaccurate. The materials we provide are offered without any warranty or assertion of their accuracy. These materials are subject to change at any time without prior notice. Specifically, all prices listed on our Services are susceptible to typographical and programming errors, delays, changes in third-party Services, different volatilities, etc. We do not accept liability for any consequences arising from such cases, nor do they form the basis of any agreement.

We disclaim any responsibility for hyperlinks leading to third-party websites or services included in our Service. While we aim to include only quality and ethical links to useful websites and channels, we have no control over their content or nature. The presence of these links does not imply an endorsement of all content found on these external sites and channels. Service ownership and content may change without notice, potentially before we can remove a link that has become inactive. Additionally, please note that when you leave our Services, you may encounter different privacy policies and terms on other sites beyond our control. It is advisable to review the Privacy Policies and "Terms of Service" of such sites before conducting any transactions or sharing personal information.

By using the Service, you acknowledge and accept these mechanics and the inherent risks and uncertainties involved with the crypto mystery box concept. Fluky makes no guarantees regarding reward amounts, asset types, or values.

Limitation of Liability

FLUKY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, REMOTE, OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLUKY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FLUKY AND YOU. TO THE EXTENT THAT FLUKY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITY AS SET FORTH IN THESE TERMS, THE SCOPE OF SUCH WARRANTY, AND THE EXTENT OF FLUKY’S LIABILITY, SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. NOTHING IN THESE TERMS SHALL AFFECT YOUR LEGAL RIGHTS AS A CONSUMER OR EXCLUDE OR LIMIT ANY LIABILITY, THAT CANNOT BE LEGALLY EXCLUDED OR LIMITED.

All Fluky services and their contents are provided on an "as is" and "as available" basis, without any warranties or representations, whether express or implied. Fluky functions as a distributor rather than a publisher of third-party content, thereby exercising no editorial control over such content.

Fluky makes no warranty or representation regarding the accuracy, reliability of prices, amounts, numbers of any information, content, service, or merchandise provided through or accessible via Fluky Services. Without limitation, Fluky disclaims all warranties and representations regarding any content transmitted through or in connection with Fluky Services, or on websites linked to Fluky Services, or in products provided as part of or in connection with Fluky Services, including but not limited to merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Any oral advice or written information provided by Fluky or its affiliates, employees, officers, directors, agents, or similar entities shall not create a warranty. Price and availability information are subject to change without notice. Furthermore, Fluky does not warrant that Fluky services will be uninterrupted, error-free, timely, or free from corruption.

By accessing and using the Fluky Telegram Bot or any other Services that Fluky will provide, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Fluky shall not be held responsible or liable for any consequences arising from your failure to read or understand these Terms prior to using the Fluky Telegram Bot. It is your responsibility to review these Terms periodically for any changes or updates. Continued use of the Fluky Telegram Bot constitutes acceptance of these Terms and any modifications thereto.

Data Collection and Privacy

Please review our Privacy Policy which explains how we collect, use, and share your personal information when you use our Services, including:

• Personal identifiers like your name, contact info, and Telegram user data
• Financial data such as crypto wallet addresses and transaction histories
• Usage data and analytics on how you interact with the Service
• Data shared with third-party services providers to facilitate the Service

By using Fluky, you agree to the collection and use of your information in accordance with our Privacy Policy. If you do not agree with our policies and practices, do not use our Services.

Modifications and Additional Terms

Changes to these Terms

Fluky can change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the website and by providing a notice on the Services. We will ask for your express consent to the updated Terms when and where we are legally required to do so. If you do not agree with any of the updated Terms, you must stop using the Service. Continued use of the Service following notice of any such modifications indicates your acknowledgment and agreement to be bound by the modifications. Unless otherwise required by law, the updated Terms are effective as of the day of posting.

Changes to the Service

Fluky may make changes to the Services at any time, without notice to you. If you object to any changes to the Services, your sole recourse will be to cease using the Services. Continued use of the Service following the posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Service as modified. We also reserve the right to discontinue the Service, or any component of it, at any time without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Service.

Additional Terms

In addition, certain features of the Service may be subject to additional legal terms of use (“Additional Terms”), which shall be provided to you at the moment you choose to use such features or services. By using such features, or any part thereof, you agree to be bound by the Additional Terms applicable to such features. In the event that any of the Additional Terms governing such features conflict with these Terms, the Additional Terms will govern.

Privacy

Please review our privacy policy (the “Privacy Policy”) which explains how we use any personal information that you submit to Fluky. The Privacy Policy is hereby incorporated by reference.

Intellectual Property Rights

The Service and its content, features, and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations, analytics, and design, the selection and arrangement thereof, are the exclusive property of Fluky, our licensors, or other content suppliers, and are protected by copyright laws throughout the world. Subject to your agreement, and continuing compliance with these Terms, Fluky grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to use the Service solely for your own individual, non-commercial purposes only. You agree not to use the Service for any other purpose. All rights not expressly granted to you in these Terms are reserved and retained by Fluky and/or its licensors. The licenses granted by Fluky terminate if you do not comply with these Terms and/or any other Service terms and conditions.

Unauthorized Activities & Rules of Conduct

Unauthorized use of the Services may result in violation of various laws. You are not authorized to use these Services in any of the following ways:

• In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
• To stalk, harass, or harm another individual;
• To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Copy or print any of the Materials, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Materials;
• Reproduce, download, modify, translate, add to, distribute, transmit, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any part of the Service or the content thereon in any medium, either directly or through the use of any device, software, internet site, web-based service or other means, without our prior express written permission;
• Remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Materials or any digital rights management mechanism, device or other content protection measures either directly or through other means;
• Mirror, frame, screen scrape or deep link to any aspect of the Service or access any Materials through technology or means other than those provided or authorized by us;
• Access the Service via any automated system, including, without limitation, by “robots,” “spiders,” “offline readers,” etc., or take any action that imposes, or may impose (as determined in our sole discretion), an unreasonable or disproportionately large load on our infrastructure;
• Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, to the Service, or tamper with, impair, damage, attack, exploit or penetrate the Fluky system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Fluky or any connected networks, or take any action to impact the proper operation of the Service and any person’s or entity’s use or enjoyment thereof;
• Bypass the measures we may use to prevent or restrict access to or use of the Service, including by hacking into secured or non-public areas of the Service, circumventing any geo-blocking mechanisms or otherwise;
• Use the Service to collect any personally identifiable information, including Account names and e-mail addresses, or use the Service for any commercial solicitation purposes, without our prior express written permission;
• Attempt to reverse engineer any aspect of the Service or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Service, create any derivative works or materials of any kind using the Materials, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Service;
• Use the Service to upload or present any material that is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
• Use the Service to violate our or any other person’s legal rights (including the rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
• Use the Service to infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or other proprietary rights of Fluky or any other person;
• Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
• Create and/or use multiple accounts to circumvent the restrictions on the Service, including creating duplicate accounts using referral links to abuse our Referral Program Terms;
• Use the Service to seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information or otherwise; or
• Be otherwise objectionable as determined by Fluky at its sole discretion.

You agree to pay any damages that Fluky may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We may monitor all prohibited actions, investigate, and/or take appropriate action at our sole discretion against you.

If you violate this Section or any other provision of these Terms or otherwise create liability for us or any other person, including reputational harm, we may (without limitation) and in addition to the above, terminate or suspend your Account, your access to the Service or any portion thereof at any time, with or without notice. We may also take legal action to enforce our rights, and/or report you to appropriate law enforcement authorities, regulators, or other appropriate third parties. Please be aware that we cooperate with law enforcement and report suspicious and/or illegal activity.

Our reporting may include disclosing appropriate customer information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing information related to alleged violations of this Section and/or these Terms.

In accordance with our Privacy Policy, we also may share and/or use your information to protect the safety, rights, property, or security of Fluky, our services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, cybersecurity, cybercrimes or technical issues; to prevent or stop any activity that Fluky, in its sole discretion, may consider to be, or to pose a risk of being, illegal, unethical, or legally actionable; to use as evidence in litigation; to conduct audits; and/or to enforce our Terms.

By agreeing to these Terms, you acknowledge and accept that if you violate any of the provisions herein, Fluky reserves the right to close your account without providing a detailed explanation of the specific rule or provision you have violated.

Feedback

Any comments, questions, suggestions, or materials regarding the Service from you to us (collectively, “Feedback”) through any communication whatsoever (e.g., call, email) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all rights, titles, and interests in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.

Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid-up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Term and Termination

These Terms commence on the date when you start using the Services and remain in full force and effect while you use the Services unless terminated earlier in accordance with these Terms. If you want to terminate the Services, you may do so by (a) notifying Fluky at any time; (b) closing your Account; and/or (c) if you are a visitor, stop visiting the website. For information on the voluntary procedure of closing your Account, please contact us at support@fluky.club. We reserve the right to terminate or suspend your account or access to the Service at any time and for any reason. It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms.

In the event that we terminate or suspend your Account, you will have no further access to your Account or anything associated with it. The termination will occur without any prior notification, and no refunds or compensation will be provided, as the account will no longer exist. It is your responsibility to ensure your account remains active if you wish to retain access to the Fluky services. All provisions of the Terms, which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

General

These Terms together with our Privacy Policy, and any Additional Terms that we may make available from time to time through our internet properties, constitute the entire agreement between you and Fluky regarding your use of our Service and supersede and replace any prior written or oral agreements regarding the foregoing. Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. Neither the rights nor obligations arising under these Terms are assignable by you. Any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.

Contact Us

If you have any questions about these Terms or otherwise need to contact Fluky for any reason, you can reach us at support@fluky.club.