Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the Flamingo Flutter platform ("Platform"), operated by Flamingo DAO, LLC ("Company", "we", "us", or "our"), a limited liability company organized under the laws of the United States.

By accessing or using the Platform, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Platform. The terms and conditions set forth in our Privacy Policy, dated [Document Date], are hereby incorporated by reference and made a part of these Terms as if fully set forth herein.

2.1. To be eligible for the NFT mint, you must meet one of the following criteria:

• Be a verified Flutter holder with a valid wallet address during the eligibility verification period
• Be part of a whitelisted community and complete the required registration process
• Meet any additional eligibility requirements as specified on the Platform

2.2. Flutter holders are granted a 48-hour priority minting window for their assigned drops.

2.3. Each eligible wallet may only mint one (1) NFT per drop.

2.4. You must be of legal age in your jurisdiction to enter into binding contracts.

2.5. You must comply with local laws and regulations to use the Platform.

3.1. The NFTs are being offered free of charge, subject to gas fees, network conditions, and other fees associated with minting or transactions.

3.2. Minting is conducted through smart contracts on the designated blockchain network.

3.3. You are responsible for ensuring your wallet is compatible and properly configured.

3.4. Failed transactions due to user error, network congestion, or insufficient gas are not the responsibility of the Company.

3.5. The Company does not guarantee the value or profitability of any NFTs minted on the Platform.

4.1. All intellectual property rights in the NFTs, trademarks, brands, and other content on the Platform's websites or digital applications remain with their respective artists and/or the Company.

4.2. By minting an NFT, you receive a limited license to:

• Display the NFT for personal, non-commercial use
• Transfer the NFT to another wallet
• Use the NFT in accordance with any additional rights specified in the smart contract

4.3. You may not:

• Modify the original NFT artwork
• Use the NFT for commercial purposes without permission
• Use the NFT in connection with hate speech, illegal activities, scams, or any unlawful conduct

5.1. You represent and warrant that:

• You have the legal capacity to agree to these Terms
• Your use of the Platform will comply with all applicable laws and regulations
• You will not use automated systems or bots for minting
• You are not subject to any economic or trade sanctions imposed by any governing body anywhere or located in, or a resident of, a restricted territory, including, but not limited to, countries, regions, or jurisdictions under US, EU, or UN sanctions
• You agree not to engage in prohibited activities, including, but not limited to, unauthorized access, data scraping, or any illegal transactions

5.2. You agree to immediately cease using the Platform if your status changes and you become subject to sanctions or located or reside in a restricted territory. The Company reserves the right to take action, including terminating access, if a user is found to be in violation of this provision.

6.1. THE PLATFORM AND NFTS ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

6.2. We do not guarantee:

• Uninterrupted access to the Platform
• Success in the minting process
• Future value or utility of the NFTs
• Continuous availability of the NFT metadata

6.3. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. The Company is not responsible for any losses, including, but not limited to, financial losses, arising from the use of the Platform.

6.4. You agree that the Company bears no responsibility for blockchain issues, network issues, smart contract vulnerabilities, or other technical failures.

6.5 In order to use certain features of the Platform, you must connect your digital asset wallet. You acknowledge that we are not responsible for transferring, safeguarding, or otherwise maintaining your private keys or any digital assets you own. If you lose, mishandle, or otherwise have your wallet private keys stolen or misappropriated, or have your digital assets stolen or misappropriated, you acknowledge that you may not be able to recover your digital assets or keys, and you accept that we are neither responsible nor liable for any losses or damages.

6.6 WE DO NOT AND WILL NOT EVER ASK YOU FOR YOUR CRYPTOGRAPHIC WALLET PRIVATE KEYS OR SEED PHRASES. Never trust any digital application, person, platform, service, website, or other communication that asks you for your cryptographic wallet private keys or seed phrases.

6.7 You are solely responsible for your interactions with other users of the Platform. We reserve the right, but have no obligation, to monitor communications between you and other users. We have no ability to edit, delete, or modify any information that is stored on a blockchain, as we do not have custody or control over any blockchains. The information stored on the blockchain may include purchases, sales, and transfers related to your blockchain address and digital assets held at that address.

7.1. These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware.

7.2. Any disputes shall be resolved exclusively in the state or federal courts located in Delaware.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Platform. Your continued use of the Platform constitutes acceptance of the modified Terms.

We reserve the right to suspend or terminate user accounts or to ban or block wallet addresses or IP addresses at our sole discretion, especially in cases of violations of these terms or illegal or prohibited activity.

For legal inquiries, please contact legal@flamingodao.xyz