Legal
Please find all legal and research docs below.
AML KYC Policy
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Anti Money Laundering Policy
Important Information
Advertiser | Arbitration of Disputes
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Advertiser | Arbitration of Disputes
Advertiser / Arbitration of Disputes
If User is an Advertiser on apexcardservice.com (i.e. an company who, in contracting with Alchemy Studios, is acting for purposes which are outside User’s trade, business, craft or profession), Section 11 (b) and (c) of the User Terms shall not apply and Section10 and 11 (a) of the User Terms and 7 (b) of the Creator Terms shall not exclude or limit any party’s recourse to the courts.
Alchemy Studios is neither required nor willing to participate in any alternative dispute resolutions schemes with a consumer arbitration panel. Rather, Alchemy Studios strives to resolve any conflicts as set out in Section 10 of the User Terms. However, please note that the European Commission has set up an Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ that provides information about alternative dispute resolution in the European Union that may be of interest.
Contact Information
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Contact Information
Contact Information.
The Services are offered by Alchemy Studios located at:
207 West Plant St #770984 Winter Garden FL 34777 USA. You can contact Alchemy Studios by sending any messages to that address, completing the Alchemy Studios Support Form, or by calling Alchemy Studios at +1 (321) 201-6865.
If you are a California resident, you may have Alchemy Studios Terms e-mailed to you by sending a request, including your email address, to the address above.
Creative Content Terms
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Creative Content Terms
Disclaimers | No Warranties
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Disclaimers and No Warranties
Disclaimers And No Warranties.
Apex NFT Card Services and Fanbase Club Services with ALCHEMY STUDIOS, LLC. Disclaimer.
Except as may be required by applicable law, Apex NFT Cardis not liable for, nor is Apex NFT Card obligated to screen, approve, edit, or control any content that Users, Creators, or others Publish or otherwise make available on the Services. Apex NFT Card may, however, at any time, without notice, and without any obligation to the User, remove, edit, block or suspend the availability of any content that The Apex NFT Card violates The Apex NFT Card Terms or is otherwise objectionable. User understands that when using the Services, User will see other content from a variety of sources and understands that content could be inaccurate, offensive, or objectionable.
The User agrees to waive, and does waive, any legal or equitable right or remedy that User, Member, Broker, Agent has or may have against Apex NFT Card regarding content. If notified by a User or content owner that such content allegedly violates the Apex NFT Card Terms, Apex NFT Card may investigate and decide whether to remove offensive content (which Apex NFT Card can do at any time, without notice).
Services Guidelines
The Services display to Users an age guideline and certain other descriptors about Platform. A description of those age guidelines can be found here. The age guidelines or descriptors for a Platform may be modified from time to time, such as based on additional information reported to Apex NFT Card or changes made to the Platform by a Creator. The user is solely responsible for reviewing the age guidelines and descriptors for a Platform to determine whether any such changes have been made. Apex NFT Card does not guarantee the accuracy of the guidelines or descriptors. User acknowledges and agrees that Apex NFT Cardis not responsible for the accuracy, completeness, validity, or quality of any age guidelines or descriptors.
As Is
THE SERVICES AND ALL MATERIALS
AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS
AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APEX NFT CARD
SERVICES AND APEX NFT CARD SERVICES’S OFFICERS, DIRECTORS, EMPLOYEES,
CONSULTANTS, AFFILIATES, INVESTORS, BUSINESS PARTNERS, SUBSIDIARIES AND AGENTS
(TOGETHER, THE “AFFILIATED PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND
CONTENT AVAILABLE THROUGH THE SERVICES, INCLUDING:
(A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND
(B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICES OR ANY PART OF THE SERVICES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATIONS OF CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
No Responsibility
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM APEX NFT CARD SERVICES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY REGARDING ANY OF THE AFFILIATED PARTIES OR APEX NFT CARD SERVICES THAT IS NOT EXPRESSLY STATED IN THE APEX NFT CARD SERVICES TERMS. USER ASSUMES ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM USER’S USE OF OR ACCESS TO THE SERVICES, USER’S DEALING WITH ANY OTHER USERS ON THE SERVICES, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES. THESE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Dispute Resolution And Waiver
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Dispute Resolution (Between User and Alchemy Studios, LLC.) Arbitration Agreement & Class Action Waiver.
For U.S. Residents Only
Mandatory Informal Dispute Resolution
Notice
Exceptions
THE FOLLOWING APPLIES TO U.S. USERS ONLY.
Federal Arbitration Act, Interpretation and Enforcement.
Arbitration Generally Relief Available
Arbitration Proceedings and Rules
Conclusion
Commencing Arbitration
Fees and Costs
Delegation & Interpretation
Severability
Opting Out
Exceptions
Non USA Residents
Timing for Raising Disputes.
End User License Agreement (EULA)
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End User License Agreement (EULA)
Glossary Of Terms
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Glossary Of Terms
- 1.Artificial Intelligence (AI): The simulation of human intelligence processes by machines, especially computer systems.
- 2.Machine Learning (ML): A subset of AI that enables machines to learn and make decisions without explicit programming.
- 3.Deep Learning: A type of machine learning where neural networks with multiple layers learn complex patterns.
- 4.Neural Network: A system of algorithms designed to recognize patterns, modeled after the human brain.
- 5.Blockchain and Cryptocurrency:
- 1.Cryptocurrency: Digital or virtual currency that uses cryptography for security and operates on a decentralized network.
- 2.Bitcoin (BTC): The first and most well-known cryptocurrency, created by an unknown person or group using the pseudonym Satoshi Nakamoto.
- 3.Altcoin: Any cryptocurrency other than Bitcoin.
- 4.Smart Contract: Self-executing contracts with the terms of the agreement directly written into code on the blockchain.
- 5.Decentralized Finance (DeFi): Financial services built on blockchain technology, aiming to recreate traditional financial systems without central authorities.
- 1.Ecosystem: The interconnected network of entities, elements, or components that work together within a specific environment.
- 2.NFT (Non-Fungible Token): A unique digital asset verified using blockchain technology, often representing ownership of digital or physical items.
- 3.Minting NFTs: The process of creating and tokenizing a unique digital asset on a blockchain, often associated with NFT creation.
- 4.Listing NFTs: The act of putting NFTs up for sale or display on a marketplace.
- 1.Laravel: A PHP web application framework that provides elegant syntax and tools for tasks such as routing, authentication, and caching.
- 2.Token: A unit of value or digital asset created and managed on a blockchain, representing ownership or access rights.
- 1.Ethereum (ETH): A decentralized platform that enables the creation of smart contracts and decentralized applications (DApps).
- 2.Etherscan: A blockchain explorer tool for monitoring and analyzing transactions on the Ethereum blockchain.
- 3.Web3: The next generation of the web, focused on decentralized protocols, blockchain technology, and user empowerment.
- 1.Virtual World: A computer-simulated environment that may mimic the real world or be entirely fantastical, often experienced through virtual reality.
- 2.Metaverse: A collective virtual shared space that is created by the convergence of physical and virtual reality, often accessed through the internet.
Governing Law, Jurisdiction, and Venue
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Governing Law, Jurisdiction, and Venue.
Indemnification
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Indemnification
Intellectual Properties
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Alchemy Studios™ IP
Intellectual Property and Alchemy Studios™
Apex NFT Card Services IP. The
interfaces, graphics (including without limitation Apex NFT Card Services
Created, and Actual Card Artwork as defined in Section 2 of the Creator Terms),
trademarks, design, information, artwork, data, code, products, software, and
all other elements of the Platform(s), including the rights therein and any
derivatives thereof, (“Apex NFT Card Services Intellectual Property” or “Apex
NFT Card Services IP”) are protected by law and Apex NFT Card Services Terms.
All Apex NFT Card Services IP is the property of Alchemy Studios, LLC. licensors being ZenChip PRIME Corp. IP includes Alchemy Studios™ which is owned by and licensed to Apex NFT Card Services by Creators under the Creator Terms. Except as allowed in Apex NFT Card Services Terms and any applicable Additional Terms.
You may not use any Apex NFT Card Services or Fanbase Club™ IP contained in the Platform(s) unless you obtain separate permission in each instance from the owner. Alchemy Studios, LLC. reserves all rights in/to Apex NFT Card Services IP not granted in these Apex NFT Card Services Terms or elsewhere in Additional Terms.
If you are an affiliate, sponsor or advertiser and wish to use our word marks, logos, artwork please contact Alchemy Studios, LLC. By email or standard mail at: Alchemy Studios, LLC. 207 West Plant St. #770984 Winter Garden FL 34777 USA
Our Platform(s) contain various forums, functionality, software, and other interactive features that allow you to create, upload, submit, publish, display, generate, transmit, or otherwise make available (“Publish”) Creative Content™ and scan with facial recognition software on the Platform(s). For more information on these features, please also read Section 2 of the Creator Terms.
Any Custom Avatar uploaded or Published on the Platform(s) must comply with Apex NFT Card Services Terms, including Community Standards, and must not be illegal, digitally altered, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of others intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
Except as otherwise described in Apex NFT, The Apex Passport Card’s ™ or Fanbase Club™ Privacy Policy or any applicable Additional Terms,
(i) You agree any Avatar that you upload on our custom card design department or Publish will be considered non-confidential and non-proprietary, and
(ii) You grant Apex NFT Card Services a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to host, use, copy, reproduce, modify, adapt, publish, translate, run, create derivative works of, distribute, and publicly perform or display such content throughout Apex NFT Card Services in any media for any business purpose in connection with operating, providing, improving, or publicizing the Platform(s); however, Apex NFT Card Services will only share personal information that you provide in accordance with Apex Card Membership or Fanbase Club’s™ Privacy Policy.
You represent and warrant that, at the time of Publishing your avatar that:
(i) You own or otherwise control all the rights in/to the Avatar in which you created or identify with
(i) Your Avatar is accurate and not severely altered, fraudulent or deceptive; and
(iii) Your Avatar does not violate these Terms, any applicable laws, or the rights of any third party, including intellectual property, privacy, and publicity, and will not cause injury to any person or entity.
You understand that in certain situations your Avatar may be copied by other Users of the Platform(s) and discussed on and outside of the Platform(s).
If you do not have the right to submit your avatar for such use, Publishing such may subject you to liability. Apex NFT Card Services takes no responsibility and assumes no liability for any Avatar Published by you or any third party. Apex NFT Card Services has the right but not the obligation to monitor, modify, or remove any Avatar on its Platform(s), and it may exercise these rights at any time, without notice or liability to you or any third party.
Some Instances allow for Users of that Platform to Publish Avatar within the Platform. Such Users who separately Publish an Avatar within a Platform hereby grant both Apex NFT Card Services and the Creator of the applicable Platform a worldwide, perpetual, royalty free, and irrevocable right and non-exclusive license to use and exploit the Alchemy Studios™ in any manner or media without any obligation, including any obligation to pay royalties or other compensation to any person or party. If such Users create a Modified Created Avatar (as defined in Section 2 of the Creator Terms), the User hereby assigns all right, title, and interest in that Modified Created Avatar to Fanbase Club™™; Apex NFT Card Services in turn grants a non-exclusive license to both User and Creator to use and exploit that Modified Created Avatar on the Platform(s) without any obligation (except those otherwise specified in these Apex NFT Card Services Terms), including any obligation to pay royalties or other compensation to any person.
Copyright Infringement / Digital Millennium Copyright Act (DMCA). Notice. We respect the intellectual property rights of others, and we ask you to do the same. If you are a copyright owner or an agent of a copyright owner and believe that any content on the Platform(s) infringes upon your copyrights, you may submit a notice pursuant to the DMCA by contacting our Copyright Agent by email at:
legal@apexfanbase.com or mail at Legal, 207 West Plant St #770984 Winter Garden FL 34777 USA.
You may also contact us by phone at +1 (321) 201-6865. If a copyright owner is under the age of 13, a DMCA notice must be submitted by a parent, guardian, or other adult representative.
Your notice must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
1. A description of the copyright-protected work or other intellectual property right that you claim has been infringed.
2. A description of the material that you claim is infringing and where it is located.
3. Your address, telephone number, and email address.
4. A statement by you that you have a good faith belief that the use of those materials is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid. See 17 U.S.C. § 512(c)(3) for further details. We may send a copy of your DMCA notice, including any contact information you provide, to the individual responsible for the reported content.
Counter-Notice
If your content was removed or disabled as a result of a DMCA notice, and you believe that your content is not infringing or that you have the proper authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to Publish and use the material in your content, you may send a counter-notice to our Copyright Agent by email at legal@apexcardservice.com or mail at Legal, 207 West Plant St #770984 Winter Garden FL 34777 USA.
You may also contact us by phone at +1 (321) 201-6865.
Any counter-notice submitted on behalf of a User under the age of 13 must be submitted by a parent, guardian, or other adult representative. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice, including any contact information you provide, to the original complaining party informing that party that we may, in 10 business days, replace the removed content or stop disabling it. Unless the copyright owner files an action seeking a court order against the provider of the content, the removed content may be replaced or access to it restored, in our sole discretion, within 10 to 14 business days or more after our receipt of the counter-notice.
Trademark Infringement. If you are a trademark owner, or an agent of a trademark owner, and believe that any content on the Platform(s) infringes upon your trademark(s),
please submit a trademark infringement notice to our Trademark Agent at legal@apexcardservice.com or mail at Legal, 207 West Plant St #770984 Winter Garden FL 34777 USA. You may also contact us by phone at +1 (321) 201-6865 When you contact us, please provide the following information in your notice:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark.
2. A description of the trademark right that you claim has been infringed.
3. A description of the content that you claim is infringing and where it is located.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the use of such content is not authorized by the trademark owner, its agent, or the law; and
6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the trademark owner or authorized to act on the trademark owner’s behalf.
Please Note that Apex NFT Card Services is not able to mediate disputes between Users, Members, Agents and the holders of trademark rights. However, we take intellectual property rights seriously, and, upon receipt of a valid trademark infringement notice, we will investigate and may remove content that engages in trademark infringement usually within 24-48 hrs.
Repeat Infringer Policy.
Fanbase Club’s™ intellectual property policy is to:
(i) Remove or disable access to content that Apex NFT Card Services knows to be infringing on the intellectual property rights of third parties or that has been identified in a valid DMCA notice submitted by a valid copyright owner or their agent; and,
(ii) In appropriate circumstances, suspend the accounts of and block access to the Platform(s) by any User who repeatedly or egregiously infringes the copyrights or other intellectual property rights of third parties.
Feedback. Any feedback, comments, or suggestions you may provide regarding or relating to the Platform(s) is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
License for The Realm™and Vmax Broker™ Service
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License to Use The Realm™and Vmax Broker™ Service
License to the Services
Restrictions of Use
Additional Terms, Guidelines, or Policies
Limitation of Liability
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Limitation of Liability
Miscellaneous Terms
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Miscellaneous Terms
General Terms
Termination & Survival
Waiver
Interpretation
Compliance with Laws
- User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- (ii) User is not listed on any U.S. Government list of prohibited or restricted parties.
Consent to Online Communications
Investigations
Cooperation with Law Enforcement.
Alchemy Studios™ Reserves The Right to:
Prevailing Language
No Offer To Sell Security
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No Offer To Sell Security
THIS IS NOT AN OFFER TO SELL SECURITIES.
Users Acknowledge That:
- vmaxbrokers.com, entertherealm.io, ZenChip PRIME™ Corp.™ and Alchemy Studios, LLC. a wholly owned subsidiary and Development Firm is now on this website and the information shown herein offers no securities, nor is soliciting any offer to buy any securities.
Land Titles and Pre Construction Certificates
- Land Titles for The Realm and Pre-Construction Certificates are “Serialized, Signed Works of Art and are Collectibles” By Utilizing the Howie Test they ARE NOT Securities, However with the past targeting of Blockchain Developers, NFT Artists, Collections and their Platform Users, lawsuits coming from media outlets of investigations and failure of the SEC to provide a Clear Violation of Security Law or even “Fair Notice” based on the Lawsuits or Providing any Precedence, It is paramount that we take every precaution not to fall into unlawful territory as the SEC is always jumping at the chance to investigate cryptocurrency profitability or any tech firm and its platform.
You Agree:
- You have been made aware of these certain precautions and regulatory issues facing the new and expanding frontier we are spearheading with The Realm™ and its Land Titles, as they are NON FUNGIBLE, NFT’S, Meaning (UNCHANGEABLE) Each have a Serial that corresponds to the Metadata listed on etherscan or polyscan. Once Purchased they belong to YOU, they cannot be changed on the Blockchain, unless they are sold to another buyer on the site(s) provided to you, or any other third party NFT listing service or exchange site that accepts and allows them to be sold as NFT’S.
- (2) This website and the information herein shall not be construed as any description of the business of vmaxbrokers.com in conjunction with any offering of securities.
- (3) The information contained on this website is subject to change without notice, and no one shall assume from the availability of this website and the information herein that the affairs of vmaxbrokers.com have not changed since the date of this information.
- (4) No representation is made as to the propriety or legality of any secondary market trading of any securities issued by vmaxbrokers.com, Any Bank or by anyone in any jurisdiction, and
- (5) The information contained on this website speaks as of its date, and vmaxbrokers.com does not hereby obligate itself in any manner to periodically or otherwise to update this information or to maintain the availability of this information.
About NFT’s And Securities
The First 5000 Days.
Notice To California Residents
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Notice To California Residents
Complaints
Minors
Please Note:
Online Safety
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Online Safety
Community Standards
Parental Controls
Payments and Refunds
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Payments and Refunds
General
User Responsibilities
Unauthorized Charges
Chargeback Policy
Privacy Policy
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Privacy Policy
ZenChip PRIME Corp. or Apex NFT Card Service™, The Fanbase™ Club, (“we” or “us”) is committed to protecting and respecting your privacy.
1. SCOPE OF POLICY
This policy together with the General Terms of Service and/or our Business Terms of Service apply to your use of: a) our website at www.apexcardservice.com/membership/ or www.apexfananbase™ (the “Sites”) b) Fanbase™ Club Mobile (“App”) Fanbase™ Club ™, once you have downloaded a copy of the App onto your mobile telephone or handheld device (“Device”); and c) any of the services accessible through the App or the Site (the “Services”).
1.2 This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed, and used by us.
Privacy Officer
We have appointed a Privacy Officer (“PO”). Our PO has a few important responsibilities including:
1. Monitoring ZenChip PRIME Corp.™ or Apex NFT Card NFT Service™ compliance with the privacy regulations and other data
2. Protection laws applicable to ZenChip PRIME Corp.™ or Apex NFT Card Service™ or The Fanbase™ Club
3. Raising awareness of data protection issues, training ZenChip PRIME Corp.™ or Apex NFT Card Service™ staff and conducting internal audits; and cooperating with supervisory authorities. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us or our PO by sending an email to privacy@apexfanbase.com. So that we’re clear and there’s no misunderstanding about how we handle your personal data, we will:
4. Always keep your data safe and private and we will NEVER sell your data.
5. Allow you to manage and review your marketing choices at any time.
2. COOKIES
2.1 We use cookies to distinguish you from other users of the App or the Site. This helps us to provide you with a good experience when you use the App or browse our Site and allows us to improve the App and our Site. For detailed information on the cookies, we use and the purposes for which we use them, see our cookie policy www.apexfanbase.com/cookie-policy
3. INFORMATION WE COLLECT ABOUT YOU
We Will Collect and Process The Following Data About You:
a) Information you give us “Submitted Information”: This is the information you give us about you by filling in forms on the App and/or the Site, or by corresponding with us (for example, by email or via the chat functions on the App and/or the Site). It includes information you provide when you register to use the App, download, or register the App, subscribe to any of our services, enter into any transaction on the App or the Site, participate in discussion boards or other social media functions on the App or the Site, enter a competition, promotion, or survey and when you report a problem with an App, the Services, or the Site. If you contact us, we will keep a record of that correspondence.
The information you give us may include your name, address, date of birth, e-mail address, phone number, the Device’s phone number, username, password and other registration information, financial, details of your bank account including the bank account number, bank sort code, IBAN, details of your debit and credit cards including the long number, relevant expiry dates and CVC, identification document numbers, copies of identification documents (for example, passport, driving license and utility bill) personal description and photograph and any other information you provide us in order to prove your eligibility to use our services.
b) Information we collect about you and your device. Each time you visit our Site or App, we may automatically collect the following information: Technical information, including the internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, device information and the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting “Device Information“; (information about your visit, including the full uniform resource locators (URL), clickstream to, through and from our site (including date and time), services you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), the methods used to browse away from the page, device information.
Transaction information including date, time, amount, currencies used, exchange rate, beneficiary details, details and location of the merchant or ATMs associated with the transaction, IP address of sender and receiver, sender’s and receiver’s name and registration information, messages sent or received with the payment, device information used to facilitate the payment, and the payment instrument used. Information stored on your Device, including if you allow ZenChip PRIME Corp.™ to access contact information from your address book, login information, photos, videos, or other digital content, check ins (Content Information).
The site and/or App will periodically recollect this information to stay up to date. Details of your use of our App or your visits to our Site including transaction details relating to your use of our services, including who you have sent money or electronic money to, foreign exchange transactions which you have entered, the time, date, and location of the place the transaction was entered into.
c) Location Information. We use GPS technology and your IP address to determine your location – this may be used when the App is running in the foreground and the background of your Device. This is used to prevent fraud. If you wish to use the feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling location permission for the App within your device settings “Location Information “.
d) Information to help us deliver our service to you. We work closely with third parties to help us deliver our Service to you. These third parties are business partners (such as those we partner with to offer additional ZenChip PRIME Corp.™ or Apex NFT Card Service™), subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies, fraud prevention agencies, customer service providers and developers. Information we may collect about you from such parties can include search information, information which helps us to verify your identity or information relating to your payment transactions. Please see the ‘Disclosure of your Information’ section for more information.
4. USES MADE OF THE INFORMATION
Below is a summary of the key types of data that we make use of as part of the ZenChip PRIME Corp.™ Services. For more information on how these types of data are used and for which purposes then please see the table below. We use information held about you in the following ways:
4.1 Submitted Information:
We Will Use This Information:
1. To carry out our obligations arising from any transactions you enter into with us, for example deposits, withdrawals, and ZenChip PRIME Corp.™ Card Purchases and to provide you with the information, products, and services that you request from us.
2. To provide you with information about other goods and services we offer that are like those that you have already purchased or enquired about. to provide you with or permit selected third parties to provide you with information about goods or services we feel may interest you. Please see the section on ‘Third Party Services’ below for more information to verify your identity to protect against fraud, comply with financial crime laws and to confirm your eligibility to use our products and services. to notify you about changes to our service.
3. To ensure that content on our site is presented in the most effective manner for you and for your computer. Device Information: We will use this information:
4. To administer our Site and the App for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes to improve our Site and the App to ensure that content is presented in the most effective manner for you and for your computer.
5. To allow you to participate in interactive features of our service when you choose to do so. • as part of our efforts to keep our Site and the App safe and secure.
6. To measure or understand the effectiveness of advertising we serve you and others, and to deliver relevant advertising to you.
7. To make suggestions and recommendations to you and other users of our Site and the App about goods or services that may interest you or them.
8. To verify your identity, protect against fraud, comply with anti-financial crime laws and to confirm your eligibility to use our products and services.
9. And to comply with our regulatory obligations.
4.2 Location Information:
We Will Use This Information Also:
• To deliver relevant advertising to you, for example, information on nearby merchants.
• To protect against fraud.
4.3 Third Party Information:
We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information:
To help us better understand your financial circumstances and behavior so that we may make decisions about how we manage your Broker Membership. Fanbase™ Club Affiliate Program To process applications for products and services available through us, including making decisions about whether to agree to approve any applications; and for the purposes set out above (depending on the types of information we receive).
4.3 We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined. For example, we may use credit reference agencies to carry out name and address searches on you, so that, when you apply for products or when we suggest products to you, we will be able to tailor our offering to your needs. The use of credit reference agencies and fraud prevention agencies is not limited to such agencies based in the United States and includes such agencies overseas.
Any such search under this section will not leave a footprint on your credit file. You acknowledge that we may carry out such credit searches in the knowledge that it will not leave a footprint on your credit history. In certain circumstances, you are entitled to access your personal records held by credit and fraud prevention agencies. If you would like details of the credit reference and fraud prevention agencies from which we have obtained or may obtain information about you, please contact our support team.
4.4 If we decide to engage advertisers to promote our products and services, the advertisers and their advertising networks may require anonymized personal data to serve relevant adverts to you and others.
We will never disclose identifiable information about individuals to advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 4,000 women aged under 32 have clicked on their advertisements on any given day).
We may also use such aggregate information to help our advertising partners provide a tailored and targeted campaign, relevant for a subsection of our users. In some instances, we may use personal data we have collected from you to enable our advertising partners to display their advertisement to their target audience. Purposes for which we will use your personal data
4.5 We have set out below, in a table format, a description of all the ways we use your personal data as stated above, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Please Note, that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact our privacy officer if you need details about the specific legal ground, we are relying on to process your personal data where more than one ground has been set out in the table below.
What we use your information for:
• Type of Information
• Our Reasons
• Our Legitimate Interests
To Provide The ZenChip PRIME Corp.™ or Apex NFT Card Service™ Fanbase™ Club Affiliate Program:
To carry out our obligations arising from any transactions you enter with us, for example Card Membership services, NFT Sales, Deposits into your account and Apec NFT Card™ Service Purchases and / or to provide you with the information, products, and services that you request from us like...
• Submitted Information
• Fulfilling contracts
• Our legitimate interests
• Our legal obligation
• Being efficient about how we fulfil our legal and contractual duties.
• Our commercial interest in providing you with a good service.
• Complying with regulations that apply to us.
4.6 To Combat Against Fraud:
To verify your identity to protect against fraud, comply with financial crime laws and to confirm your eligibility to use our products and services; and To help us better understand your financial circumstances and behavior so that we may make decisions about how we manage your Apex NFT Card Membership Account.
• Submitted Information
• Device Information
• Third Party Information
• Fulfilling contracts
4.7 Our Legitimate Interests
1. Our legal obligation
2. Developing and improving how we deal with financial crime, as well as complying with our legal duties in this respect.
3. Complying with regulations that apply to us.
4. To help market and provide new products and services that interest you:
5. To provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about.
6. To provide you with or permit selected third parties to provide you with information about goods or services we feel may interest you.
7. To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you
8. To make suggestions and recommendations to you and other users of our Site and the App about goods or services that may interest you or them; and
9. To process applications for products and services available through us, including making decisions about whether to agree to approve any applications.
4.8 Submitted Information(s)
• Device Information
• Third Party Information
• Our legitimate interests.
• Developing products and services for existing customers and any applicable fees in relation to them.
• Defining types of customers for new products or services.
• Being efficient about how we fulfil our legal and contractual duties.
• Seeking your consent when we need it to contact you.
4.9 To Keep The ZenChip PRIME Corp.™ or Apex NFT Card Service™ Fanbase™ Club Affiliate Program Running:
• To administer our Site and the App for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; to ensure that content from our site is presented in the most effective manner for you and for your computer.
• To allow you to participate in interactive features of our service when you choose to do so.
• To notify you about changes to our service; and as part of our efforts to keep our Site and App safe and secure.
4.10 Submitted Information
• Device Information
• Fulfilling contracts
• Our legitimate interests
• Our legal obligation
• Being efficient about how we fulfil our legal and contractual duties.
• Complying with regulations that apply to us.
4.11 To Provide Location-Based Services:
• To deliver relevant advertising to you, for example, information on nearby merchants.
• To protect against fraud; and
• Location Information
• Fulfilling contracts
• Our legitimate interests
• Our legal obligation
• Developing products and services. Being efficient about how we fulfil our legal and contractual duties.
• Complying with regulations that apply to us.
5. What Do We Mean When We Say:
Legitimate Interest:
• This means our interest as a business to conduct and manage the provision of the ZenChip PRIME Corp.™ Services and offer the most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted by law).
• Fulfilling a Contract: This means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
• Our Legal Obligation: This means processing your personal data where it is necessary for compliance with a legal or SEC regulatory obligation that we are subject to.
5.1 MARKETING
We want to make it crystal clear how we use your data for marketing purposes and how you can ‘opt-out’ from receiving any marketing communications from us whenever you want.
5.2 We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. If you receive any marketing related communications such as email and wish to end your subscription, follow the unsubscribe links on any marketing message sent to you.
5.3 PROMOTIONAL OFFERS FROM US:
We may use your personal data (such as your Submitted Information, Location Information, or transaction information) to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.
5.4 You will receive marketing communications from us if you have signed up to and/or utilize the Apex NFT Card NFT Services and, in each case, you have not opted out of receiving marketing notifications.
5.5 THIRD-PARTY MARKETING
We will obtain your express opt-in consent before we share your personal data with any company outside the ZenChip PRIME Corp.™ Group of companies for marketing or promotional purposes.
5.6 OPTING OUT
You can ask us or third parties to stop sending you marketing messages at any time by adjusting your marketing preferences by following the unsubscribe links on any marketing message sent to you.
6.1 DISCLOSURE OF YOUR INFORMATION DATA PROCESSING PARTNERS
We will disclose the data we collect from you to certain third parties who use personal data in delivering their services to us, they use data securely and confidentially and under strict contractual controls in accordance with data protection laws and enforced by ZenChip PRIME Corp.™, or Apex NFT Card Service™ , or Fanbase™ Club Affiliate Program.
6.2 We send personal data to the following sets of data processors in order to perform the Broker Membership Service:
Fraud Prevention Agencies
This is in order to verify your identity, protect against fraud, comply with anti-money laundering laws and to confirm your eligibility to use our products and services.
Cloud Storage Providers
This is in order to store your data safely and securely with ZenChip PRIME Corp.™
Banking and Financial Services Partners
1. Financial services providers that help us provide the ZenChip PRIME Corp.™ Services including banking partners, banking intermediaries and international payments services providers.
2. Credit reference agencies
3. For the purpose of verifying your personal details. Please see section 4.3 above for more information.
4. Card Issuance, Gift Cards, Virtual Cards and Debit Card Manufacturing/Personalization, and Card Delivery Companies.
5. For the purpose of creating your personalized Apex NFT Card and delivering this to you at your requested address.
6.3 Advertisers and Analytics Providers
If we decide to engage advertisers to promote our products and services, the advertisers and their advertising networks may require anonymized personal data to serve relevant adverts to you and others. We will never disclose identifiable information about individuals to advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisements on any given day).
We may also use such aggregate information to help our advertising partners provide a tailored and targeted campaign, relevant for a subsection of our users. In some instances, we may use personal data we have collected from you to enable our advertising partners to display their advertisement to their target audience. We also use analytics and search engine providers that assist us in the improvement and optimization of our site.
Companies within the ZenChip PRIME Corp.™ group In order to provide a unified service across all of our products and services, we may disclose your personal information to any member of the ZenChip PRIME Corp.™ group, which means any of our subsidiaries or related entities.
If ZenChip PRIME Corp.™ or Apex NFT Card Service™ – Fanbase™ Club Affiliate Program has substantially all of its assets acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets. If we are under the duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request In order to:
(i) enforce or apply the General Terms of Service and/or the Business Terms and/or any other agreements between you and us or to investigate potential breaches; or
(ii) protect the rights, property, or safety of ZenChip PRIME Corp.™, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
6.4 THIRD PARTY SERVICES PARTNERS
We may share your data in order to provide certain services to you upon your request. For example, we will share your data with our credit referencing agency partners so that they may verify details you provided us when you submitted the application or card processor, in order to process card/wallet transactions. Your data will only be sent across in these instances once you have requested to utilize Financial services. You can withdraw your consent at any time by contacting the support team, however, please be aware that this may impact your ability to use such services going forward. Please remember that when we share your data with our partners in such instances you will also be subject to our partner’s privacy policy as well.
6.5 From time-to-time, we may partner with certain third parties in order to offer you co-branded services or promotional offers. In order to provide these services to you and to allow us and any associated third party to optimize their/our offering to you, we will share some of your personal data with such third parties. We will obtain your express opt-in consent before we share your personal data with any company outside the ZenChip PRIME Corp.™ group of companies for these purposes.
6.6 You can withdraw your consent at any time after giving your explicit opt-in consent by contacting the support team and letting us know.
7.1 STORAGE SECURITY & INTERNATIONAL TRANSFERS
The data that we collect from you will be transferred to and stored at a destination within the United States. As we provide an international service your data may be processed outside of the United States in order for us to fulfil our contract with you to provide the ZenChip PRIME Corp.™ or Apex NFT Card NFT Service™ We will need to process your personal data in order for us, for example, to action a request made by you to execute an international payment, process your payment details, provide global anti-money laundering, and counter terrorist financing solutions and provide ongoing support services. We will take all steps to ensure that your data is treated securely and in accordance with this privacy policy.
7.2 All information you provide to us is stored on our secure servers. Any payment transactions carried out by us, or our chosen third-party provider of payment processing (Gateway) services will be encrypted using Secured Sockets Layer technology or a secure (VPN) virtual private network. Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Site and/or App, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
7.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site or our App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
8.1 RETAINING YOUR INFORMATION
In order to comply with applicable regulations, ZenChip PRIME Corp.™ will retain personal data about you, your Fanbase™ Club App or Website Visits and Transactions for a period of five years. We therefore use this retention requirement as a benchmark for all personal data that we receive from you. In order not to hold your information for longer than is strictly necessary we will not hold any of your personal data for more than 6 years after the termination of our business relationship.
YOUR LEGAL RIGHTS
You have rights under the data protection laws in relation to your personal data. Please see below to find out more about these rights:
You Have The Right To:
Request access to your personal data (commonly known as a “data subject access request “). This enables you to receive a copy of the personal data we hold about you. If you require this, then please reach out to our support team either by phone or email. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
If you require this, then please reach out to our support team either by phone or email. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it.
You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Please note that these retention requirements supersede any right to erasure requests under applicable data protection laws.
Objection to Processing of Your Personal Data.
This is in situations where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms.
You also have the right to object to where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights. Please note that these requirements supersede any right to objection requests under applicable data protection laws. If you object to the processing of certain data, then we may not be able to provide the Apex NFT Card ™ Services and it is likely we will have to terminate your account. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
(a) if you want us to establish the data’s accuracy.
(b) where our use of the data is unlawful, but you do not want us to erase it.
(c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
(d) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it. Please note that any requests in relation to the restriction of the processing of your data means that we may not be able to fulfil the contract we have or are trying to enter with you (including the ZenChip PRIME Corp.™ Services). In this case, we may have to cancel your use of the Fanbase™ Club Site or Mobile App, but we will notify you if this is the case at that time.
Request the transfer of your personal data to you or to a third party. We will provide you with your personal data in a structured, commonly used, machine-readable format, which you can then transfer to an applicable third party.
Please Note: That this right only applies to automated information which you initially provided with your consent for us to use or where we used the information to draw up a contract with you. If you require this, then please reach out to our support team either by phone or email. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide the ZenChip PRIME Corp.™ Apex NFT Card or Fanbase Services to you. We will advise you if this is the case at the time you withdraw your consent.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
WHAT WE MAY NEED FROM YOU
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (including the ZenChip PRIME Corp.™, or Apex NFT Card Service™). In this case, we may have to cancel your use of the ZenChip PRIME Corp.™ Services, but we will notify you if this is the case at that time.
10.1 CHANGES TO PRIVACY POLICY
Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail and/or when you next log onto the Site or App. The new terms may be displayed on-screen, and you may be required to read and accept them to continue your use of our App or the Services.
11.1 CONTACT
All questions relating to data and your privacy are welcomed and should be addressed to our support team. If you have any questions, comments, or requests regarding this privacy policy then please contact ZenChip PRIME Corp.™ or Apex NFT Card Service™ Support Team via Fanbase™ Club Affiliate Program Team either by phone or email. or Contact ZenChip PRIME Corp.™ support via our in-App chat function
ZenChip PRIME Corp. or Fanbase™ Club NFT Broker Service™ Fanbase™ Club Affiliate Program Member Support.
We aim to provide You with reasonable customer service. Yet sometimes things can go wrong. If this is the case, please let us know all Your concerns via our Apex NFT Card Service™ Member Support Team, i.e., Brokers Affiliate Program and We will work with You to find a solution to resolve Your issue. We will keep You updated throughout our investigation, and We will endeavor to resolve Your complaint. More complex situation may require further investigation, if this is the case, We will give You reasonable updates until We can provide You with a response.
Copyright 2024 ZenChip PRIME Corp.™ Alchemy Studios™, LLC | Fanbase™ Club™ USA | Apex NFT Card™
Right of Advertiser or Sponsors Withdrawal
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Right of Advertiser To Withdrawal From Fanbase Club
Right of Advertiser or Fanbase Sponsors Withdrawal
If Advertiser, Affiliate or Sponsor is a company (i.e. a Company who, in contracting with Alchemy Studios, LLC., as a FanBase Club Sponsor is acting for purposes which are outside Advertiser, Affiliate or Sponsor’s trade, business, craft or profession), Advertiser, Affiliate or Sponsor may revoke all concluded contracts under the following conditions:
Information Concerning The Exercise Of The Right Of Withdrawal From Fanbase Sponsorship
Right of withdrawal. Subject to Section 13D below, the Advertiser, Affiliate or Sponsor has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of this contract. To exercise the right of withdrawal, Advertiser, Affiliate or Sponsor must inform Alchemy Studios, LLC. (Alchemy Studios, LLC. Corporation, Customer Support, 207 West Plant St #770984 Winter Garden FL 34777 USA, or by calling +1 (321) 201-6865 of Advertiser, Affiliate or Sponsor’s decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post).
Advertiser, Affiliate or Sponsors may use the below-referenced model withdrawal form, but it is not obligatory.
You can also electronically fill in and submit the model withdrawal form or any other unequivocal statement on our website through our Customer Support Form. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal from a durable medium (e.g. by letter) without delay.
To meet the withdrawal deadline, it is sufficient for Advertiser, Affiliate or Sponsor to send Advertiser, Affiliate or Sponsor’s communication concerning Advertiser, Affiliate or Sponsor’s exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal. If Advertiser, Affiliate or Sponsor withdraws from this contract, Alchemy Studios, LLC. shall reimburse to Advertiser, Affiliate or Sponsor all payments received from Advertiser, Affiliate or Sponsor, including the costs of delivery (with the exception of the supplementary costs resulting from Advertiser, Affiliate or Sponsor’s choice of a type of delivery other than the least expensive type of standard delivery offered by Alchemy Studios, LLC.), without undue delay and in any event not later than 14 days from the day on which Alchemy Studios, LLC. is informed about Advertiser, Affiliate or Sponsor’s decision to withdraw from this contract. Alchemy Studios, LLC. will carry out such reimbursement using the same means of payment as Advertiser, Affiliate or Sponsor used for the initial transaction, unless Advertiser, Affiliate or Sponsor has expressly agreed otherwise; in any event, Advertiser, Affiliate or Sponsor will not incur any fees because of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated with us your withdrawal from this contract, in comparison with the full coverage of the contract.
Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
To: Alchemy Studios, LLC. Corporation, Customer Support,
207 West Plant St #770984 Winter Garden FL 34777 USA
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
____
(*) Delete as appropriate.
Exceptions from the right of withdrawal. The right to withdrawal may not exist in respect of distance or off-premises contracts for the supply of goods made to Advertiser, Affiliate or Sponsor’s specifications or clearly personalized.
Expiry of the right of withdrawal. Please note that the right of withdrawal expires, in the cases of: service contracts after the service has been fully performed but, if the contract places the Advertiser, Affiliate or Sponsor under an obligation to pay, only if the performance has begun with Advertiser, Affiliate or Sponsor’s prior express consent and acknowledgement that Advertiser, Affiliate or Sponsor will lose their right of withdrawal once the contract has been fully performed by Alchemy Studios, LLC. contracts for the supply of digital content which is not supplied on a tangible medium if the performance has begun and, if the contract places Advertiser, Affiliate or Sponsor under an obligation to pay, where, (i) Advertiser, Affiliate or Sponsor has provided prior express consent to begin the performance during the right of withdrawal period; (ii) Advertiser, Affiliate or Sponsor has provided acknowledgement that Advertiser, Affiliate or Sponsor thereby loses Advertiser, Affiliate or Sponsor’s right of withdrawal; and (iii) Alchemy Studios, LLC. has provided Advertiser, Affiliate or Sponsor with confirmation of the contract, which also states Advertiser, Affiliate or Sponsor’s consent to Alchemy Studios, LLC. commencing performance of the contract before the expiry of the withdrawal period and confirmation of acknowledgement about the expiry of the right of withdrawal.
Terms Of Use
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TOS Agreement
TERMS OF USE
Welcome to Apex NFT Card Services, LLC. And FanBase Club Membership
Apex NFT Card Services, LLC. and designated subsidiaries (“IC2™”, “we,” or “us”) offers Apex NFT Card Services, LLC. Website www.apexcardservice and its related platform (collectively, “Platform”) and various other features and services, including websites, applications, forums, content, functionality, products, and services (together with the Platform, “Services”) to allow users (“Users,” “your,” or “you”) to play, do business, create, meet others and connect.
By accepting these User Terms, you also agree to be bound by the following:
Apex NFT Card Services, LLC. Creator Terms, which apply to all Users who access the Services. They cover items such as the use of Apex NFT Card Services, LLC. And Alchemy Studios, the offering of Experiences and Virtual Content (as defined below), and the use of music on the Fanbase Rewards Services.
Apex NFT Card Services, LLC. Privacy Policy, which explains information that we collect about you, how we protect that information, and how that information may be used.
Apex NFT Card Services, LLC. Community Standards, which explains the conduct standards expected from Users, and outlines behavior prohibited on the Services.
Experience Guidelines, which provide information regarding the age recommendations and content descriptors associated with Experiences.
For U.S. Users, IC2’s™ Arbitration Agreement (Section 11), which outlines how disputes between you and Apex NFT Card Services, LLC. Will be resolved. Specifically, these FANBASE and Apex NFT Card Services, LLC. Terms contain A BINDING, INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER. THIS MEANS THAT YOU GIVE UP THE RIGHT TO BRING AN ACTION IN COURT, INDIVIDUALLY OR AS PART OF A CLASS ACTION.
PLEASE READ APEX NFT CARD SERVICES, LLC. ™TERMS CAREFULLY BEFORE BEGINNING TO USE THE SERVICES, AS THEY SET FORTH A LEGALLY BINDING AGREEMENT BETWEEN YOU AND IC2™. BY USING THE SERVICES, YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION AND STATE OF RESIDENCE, AND UNDERSTAND, AND AGREE TO BE BOUND AND ABIDE BY APEX NFT CARD SERVICES, LLC. ™TERMS. IF YOU DO NOT AGREE TO FANBASE AND APEX NFT CARD SERVICES, LLC. ™TERMS, YOU MUST NOT USE THE SERVICES.
IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY (A “MINOR”) IN YOUR JURISDICTION OR STATE OF RESIDENCE, BEFORE USING THE SERVICES, YOUR PARENT OR LEGAL GUARDIAN MUST READ AND CONSENT TO APEX NFT CARD SERVICES, LLC. ™TERMS. BY PERMITTING A MINOR TO USE THE SERVICES, A MINOR’S PARENT OR GUARDIAN BECOMES SUBJECT TO APEX NFT CARD SERVICES, LLC. ™TERMS AND AGREES TO BE RESPONSIBLE FOR THE MINOR’S ACTIVITIES ON THE SERVICES.
Apex NFT Card Services, LLC. Terms are subject to change. To the extent required by applicable law, Apex NFT Card Services, LLC. Will provide User with reasonable advance notice of any material updates or modifications by any reasonable means of notification, provided that non-material changes, feature updates, or modifications made for legal reasons (as determined by IC2™) will be deemed to be effective immediately and without notice. Changes shall be in effect as of the “Last Updated” date listed atop this page. Your continued use of the Services after the Last Updated date constitutes your acceptance and agreement to such changes.
Apex NFT Card Services, LLC. And FANBASE Terms Consist of The Following:
User Terms
The User Terms apply to any person who accesses the Services.
Creator Terms. The Creator Terms apply to all Users who access the Services. They cover items such as the use of Apex NFT Card Services, LLC. Alchemy Studios, the offering of Experiences and Virtual Content (as defined below), and the use of music on the Services.
Apex NFT Card Services, LLC. Community Standards. Apex NFT Card Services, LLC. Community Standards apply to all Users and outline the types of behavior that are acceptable and prohibited when using the Services.
Apex NFT Card Services, LLC. Privacy & Cookie Policy. Apex NFT Card Services, LLC. Privacy & Cookie Policy outlines information that Apex NFT Card Services, LLC. Collects during your use of the Services, how we protect that information, and how that information may be used.
Supplemental Provisions
People’s Republic of China. No part of IC2 or FANBASE are available for distribution to the People’s Republic of China.
Japan. These terms apply to Users located in Japan.
Europe. These terms apply to Users located in EU/EEA and the United Kingdom.
Plus, certain other Additional Terms, which may be applicable depending on your use of the Services and may require separate consent. These include but are not limited to:
Advertising Standards
The Advertising Standards apply to advertisers who place advertisements on Apex NFT Card Services, LLC. And to Creators who allow third party advertisements in their Experiences.
Advertising Terms. The Advertising Terms apply to advertisers who place advertisements on Apex NFT Card Services, LLC. Through Apex NFT Card Services, LLC. Ads Manager at ads. Vmaxbrokers.com or entertherealm.io
Biometric Privacy Notice. The Biometric Privacy Notice applies to any User who uses additional features on Apex NFT Card Services, LLC. That requires the use of one’s camera or the uploading of files that contain an individual’s facial geometry (including age verification) and explains how Apex NFT Card Services, LLC. Collects, uses, shares, retains, and destroys your Biometric Data when you use the Services.
Creator Analytics Terms of Use. The Creator Analytics Terms apply to any Creator who accesses IC2’s™ Creator Analytics feature.
Facial Recognition Privacy Notice.
The Facial Recognition Privacy Notice applies to any User who activates and enables tools on the Service, including Animation Capture-Face or Chat, that capture and animate facial movements and explains how Apex NFT Card Services, LLC. Collects, uses, shares, retains, and destroys the data collected when you use the Services.
Apex NFT Card Services, LLC. Name and Logo Guidelines
Apex NFT Card Services, LLC. Name and Logo Guidelines apply to any Creator or Brand Partner who advertises content created in Apex NFT Card Services, LLC. Or FanBase On other platforms.
Third-Party Services
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Third-Party Services
Third-Party Services
Some parts of the Services may include or make available content, tools, or other materials, including but not limited to Experiences, from third parties (people or companies other than Apex NFT Card Services, LLC. And Fanbase™) (“Third-Party Services”). Depending on a User’s age, this could include links to other websites, features that let a User link their User Accounts to other accounts (like Facebook), or third-party buttons (e.g., “like” or “share”). As described in this Section 9, Apex NFT Card Services, LLC. And Fanbase™ neither controls nor takes responsibility for any Third-Party Services, including without limitation how a third party may collect, use, or store User information. You understand that your use of the Services and, by extension, Third-Party Services, may subject you to fees, terms, and/or policies, such as a privacy policy, that are not controlled by Apex NFT Card Services, LLC. And Fanbase™. By your use of the Services and integrated Third-Party Services, you agree to pay any fees and to follow any terms, conditions, and policies presented by those Third-Party Services.
Disclaimer. You understand that by using The Apex Card Services, you may come across Third-Party Services that (i) may be considered offensive, or objectionable; (ii) may or may not be identified as having explicit language; (iii) may contain links or references to objectionable material; (iv) may contain infringing content; (v) may not function properly or as intended; may contain viruses, malware, or other harmful code; and/or (vi) may not be available in all countries or languages. You agree to use the Services at your own risk. The User acknowledges and agrees that Apex NFT Card Services, LLC. And Fanbase™ is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright, compliance, legality, decency, quality or any other aspect of such Third-Party Services. Apex NFT Card Services, LLC. And Fanbase™ does not warrant or endorse any Third-Party Services. You further agree that Apex NFT Card Services, LLC. And Fanbase™ will not have any responsibility or liability to you in connection with such Third-Party Services, including any losses you may sustain because of using such Third-Party Services.
Notices
Apple. If a User is using Apex NFT Card Services, LLC. And Fanbase™ mobile application (“App”) on an iOS device, User also acknowledges and agrees to the terms of this Section. Apex NFT Card Services, LLC. And Fanbase™ Terms are between User and Apex NFT Card Services, LLC. And Fanbase™ only, not with Apple, and Apple is not responsible for the Services and the content of the Services.
Apple has no obligation whatsoever to provide any maintenance and support service with respect to the Services. If the Services fail to meet the applicable warranty, User may notify Apple, and Apple will refund any applicable purchase price for the App to User. Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by User or any third party relating to the Services or User’s use of the Services, including:
(a) Product liability claims.
(b) Any claim that the Services fail to meet any applicable legal or regulatory requirement; and
(c) Claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services or User’s use of the App infringes that third party’s intellectual property rights. User agrees to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of Apex NFT Card Services, LLC. And Fanbase™ Terms, and when User accepts Apex NFT Card Services, LLC. And Fanbase™ Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce Apex NFT Card Services, LLC. And Fanbase™ Terms against User as a third-party beneficiary. User hereby represents and warrants that (a) User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) User is not listed on any U.S. Government list of prohibited or restricted parties.
Unity Technologies. Apex NFT Card Services, LLC. And Fanbase™ Alchemy Studios, LLC. contains Unity Technologies® Unreal® code developed by Unity Technologies, Inc. Copyright 2024 Unity Technologies, Inc. All rights reserved. This code is provided “as is” and Unity Technologies, Inc. disclaims all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose or non-infringement of third-party rights. In no event will Unity Technologies, Inc. Epic Games or Unreal Engine be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including obtaining substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of such code.
Epic Games, Fanbase™ Events and Unreal Engine
This Section applies to Users accessing the Services on a mobile device. Purchase and use of items are subject to the Network Terms of Service and User Agreement. This online service has been sublicensed to you The Realm. Any content purchased in an in-game store will be purchased from The Realm and be subject to Unreal™ Terms of Service and User Agreement which is available on the Epic Games™ Store. Please check usage rights for each purchase as these may differ from item to item. Unless otherwise shown, content available in any in-game store has the same age rating as the game. Apex NFT Card Services, LLC. And Fanbase™ Terms are between User and Apex NFT Card Services, LLC. And Fanbase™ only, and not with any of Unreal (collectively, “Unreal Engine”). Apex NFT Card Services, LLC. And Fanbase™, and not Unreal, is responsible for the Services.
User is granted a limited license to use the Services only on a “Computer System” including all iterations and server emulations of each) that User owns or controls or such other system to which the Services are delivered by the proprietary online network operated by Unreal or its affiliates, accessible via the Systems and other devices. Each Technology Company is a third-party beneficiary of Apex NFT Card Services, LLC. And Fanbase™ Terms.
Fanbase Accounts and Member Services
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User Accounts and Access to Card Services
User Accounts and Access to Services
Creating an Account
To access certain elements and functionality of the Services, you will need to create an Apex Card Member account (“Account”). To create an Account, you will be asked to provide username, date of birth, and method of authenticating your Account, which may include a password and, depending on the resources accessed, you may also be asked to provide other information like a verified email address, verified phone number, or a government-issued photo identification. You agree that all information provided to Apex Card Member will be true, accurate, and up to date. Apex Card Member reserves the right to take steps to ensure that any information you provide to Apex Card Member in connection with your Apex Card Member Account is accurate.
Securing an Account
You are responsible for maintaining the confidentiality and security of any credentials used to access your Account (e.g., a username and password). You must not share or disclose such credentials to others (except for Guardians in the case of a Minor User).
Account Responsibilities and Prohibitions
You understand, acknowledge, and agree that you will be responsible for any actions taken in your Account and on the Services using your access credentials, whether such actions have been authorized by you. You may only access the Services through your own Account. Selling your Account or your access credentials to another User is strictly prohibited. Similarly, purchasing another User’s Account or access credentials is strictly prohibited. However, transferring an Account in connection with the sale of the Virtual Content created by that Account, pursuant to a valid written agreement, is permitted.
Compromised Accounts
If you have reason to believe your Account has been compromised, is not secure, or has been subject to unauthorized use, you must notify Apex Card Member immediately by contacting Apex Card Member Support. If another User asks for your password or any personal information, you should report them immediately using the “Report Abuse” feature.
Suspension or Termination of an Account
If you violate these User Terms or any of the Apex Card Member Terms, including the Apex Card Member Community Standards, Apex Card Member reserves the right, in its sole discretion, to terminate or suspend (i) your Account and (ii) your right to use and access the Apex Card Member Services, including by suspending or terminating any alternate account(s) you create or have created. Account suspension or termination may also involve the suspension or termination of access to any content you have acquired on the Services, including without limitation Currency or NFT’s, Experience access, In-Experience Items, and Virtual Items. Apex Card Member may also terminate your Account if Apex Card Member determines, in its sole discretion, you are a repeat infringer, as contemplated by the Digital Millennium Copyright Act (“DMCA”). A Guardian of a Minor User may request that Apex Card Member terminate their Account by contacting Apex Card Member Support.
Notification and Appeal
If, pursuant to a violation of the Apex Card Member Terms or in response to law enforcement or other legal request, Apex Card Member(i) suspends or terminates your Account or access to the Services or (ii) removes Currency or other content that you have on the Services, Apex Card Member may notify you, and may provide you an opportunity to request a review of Apex Card Services decision (“Appeal”). To begin the Appeal process, contact Apex Card Member Support.
Access to Services
Apex Card Member reserves the right, in its sole discretion, to change or suspend the Services (or any portion thereof) at any time and for any reason, including to comply with FCC or International laws, to protect Users, or to protect Apex Card Services and The Fanbase reputation, without notice to you unless required by law and without liability to Users.
Apex Card Membership
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Apex NFT Card Membership Agreement
APEX CARD MEMBERSHIP
1. APEX NFT CARD SERVICES, LLC APEX CARD MEMBERSHIP
The Apex NFT Card Services, LLC Apex Card Membership Agreement (“Agreement”) is between ZenChip PRIME Corp. | ZenChip PRIME Financial Corp. dba Apex NFT Card Services, LLC ., doing business at: 5 W Mendenhall St, Bozeman MT, US, Zip 59715 and our Florida office at: 207 West Plant St. # 770984 Winter Garden, FL 34777, including its affiliates and successors (“Fanbase™ Club”, “us, “we”, “our”) and the applicant, (“you” and “yours”) for the purpose of applying for the Apex NFT Card Services, LLC Apex Card Membership and its successor (“Apex NFT Card Membership”) which provides access to private financial services, personal concierge, asset sales, travel booking, personal shopping and other bespoke goods and services. Except as otherwise provided in this Agreement, if any provision contained in this Agreement conflicts with any provision in any other document as part of the Apex NFT Card Services, LLC or Apex Fanbase™ Card Membership, the provision contained in this Agreement shall prevail, govern, and control.
NOW THERFORE,
In consideration of the promises and covenants hereinafter contained, and other good and valuable consideration, the receipt and legal adequacy of which is hereby acknowledged, the Parties hereby agree as follows:
EFFECTIVE DATE
This Agreement for Apex Card Membership is subject to approval and will not become effective until Fanbase™ Club accepts you as a member. You must provide the required information about you prior to becoming a Member and Fanbase™ Club’s acceptance of you as a Member. The date of The Apex Card Member Fanbase™ Club’s acceptance of this Agreement shall be the Effective Date for Apex Card Membership purposes, which shall be calculated from the day your financial accounts are opened. Your Apex Card Membership is subject to your payment of Subscription Monthly Fees, which shall be paid at the beginning of each month following the payment of the Joining Fee to continue to receive the services under your Apex Card Membership.
2. PRIVACY STATEMENT
Please refer to our main Privacy Policy contained at https://apexcardservice.com/policies/privacy-policy/ for more information regarding our data handling practices. All terms and provisions contained therein govern The Apex Card Member Fanbase™ Club’s obligations with relevant statutory instruments. All customer data is kept secure and complies with the principles of applicable privacy regulations. We are committed to keeping your personal data secure. We will not pass information we hold about you to any third party other than: (i) to our Services Providers that support the services rendered to you under this Agreement; (ii) to persons acting as our agents or partners under strict confidentiality obligations, (iii) to agencies and other organizations who may use or request your information to prevent and detect fraud, money laundering, terrorist financing or other financial crimes. If we transfer information to a third party in a country, we will ensure that the third party agrees to apply the same levels of protection that we are legally obligated to maintain when we process personal data. You have a right to inspect the personal data we hold about you. You will be solely responsible for ensuring that the details you provide to us are true, complete, and accurate.
PERSONAL DATA
The information we collect from you may include your name, physical address, phone number, electronic email address, date of birth, taxpayer ID number, national ID, a self-portrait photograph, bank account information, credit card information, etc. You agree to promptly provide us with the information we request for the purpose of identity verification and to comply with regulations regarding anti-money laundering and terrorist financing. To verify your identity, we may use our Service Providers, digital tools and other electronic records and commercial and governmental databases to obtain a positive match of legal name and address. Sometimes finding your information using such databases does not work because the information is unavailable, or your name or address has changed. If we cannot verify your personal information, we will ask you to send us documentation through to our customer onboarding team that confirms your identity.
Services
The Services provided to Members are those listed in Schedule 1. E-Money services and payment services are provided through Fanbase™ Club’s trusted independent third-party service providers under the provided terms and conditions and cardholder agreements (collectively the “Service Providers”).
Asset Sale or Acquisition
Apex Card Membership provides Apex Card Members the opportunity to sell digital assets (also referred to as “cryptocurrency” or” crypto”) and use proceeds to purchase goods and services or receive proceeds of the sale into designated accounts, subject to a separate successful KYC and acceptance by our service provider. We do not touch cryptocurrencies; we only facilitate the “Handling” of it through our respective partners and our system to allow gateways to process the conversions using our Patented System of Conversion Technology. The deposit of asset sale proceeds shall incur a fee which shall be assessed at the time of the transfer from Apex Fanbase™ Member Fanbase™ Club to Member’s designated account or prior to proceeds being used to pay for goods and/or services. Please refer to the “Apex NFT Card Services, LLC Digital Asset Agreement” for more information regarding the manner and more information associated with this service. You agree that you assume the risks of loss from a general suspension or prohibition in buying, selling, or owning digital assets by any governmental authority from which party of this Agreement may be subject to. You agree to bear all the costs associated to the refund or return of the Digital Assets should we need to comply with any regulatory obligations. You understand that the price or value of digital assets can rapidly increase or decrease at any time. The risk of loss in holding digital assets can be substantial. Digital assets received by us in relation to cryptocurrency transactions will not be safeguarded. We do not make any representation regarding the advisability of transacting in digital assets. We cannot guarantee the timeliness, accuracy, or completeness of any data or information used in connection with you holding any exposure to digital assets.
Payments
You are hereby liable for the payment of the fees set forth herein and as amended from time to time. You agree to prompt payment for all Services provided to you by or through The Apex Card Membership Fanbase™ Club and its Service Providers. All payments, costs and fees under this Agreement are non-refundable and not prorated, except as provided under applicable law. Late payments shall accrue interest at 3% interest per calendar month or the maximum amount allowed under applicable law. You are responsible for all costs associated with payment collection, including but not limited to attorney fees, staff time cost, operational costs and court costs and you agree to indemnify Fanbase™ Club for all costs associated with collection.
Subscription Monthly Fees
Any Subscription Monthly Fees are owed to Apex NFT Card Services, LLC, pursuant to Schedule 1. You expressly agree to submit payment of the Subscription Monthly Fee throughout your Apex Card Membership with us. Subscription Monthly Fee start following the first month of your Apex Card Membership. You may choose to enroll in a recurring subscription monthly fee during your account setup. If you agree to this option, you authorize us to automatically debit the Subscription Monthly Fee from your Apex Card Membership currency account balances (USD/GBP/EUR), on a monthly basis. You may choose to manage future Subscription Monthly Fees by switching to paying your Subscription Monthly Fee(s) if any, via credit/debit card on a recurrent basis under Continuous Payment Authority (CPA).
The CPA is a type of regular automatic payment wherein you grant permission to us to debit money from a credit or debit account whenever you owe us fees. You may cancel your preferred payment methods by submitting a request through the Account Management Section of your Accounts or by contacting Apex NFT Card Services, LLC Member Support Team.
Should you owe us any Subscription Monthly Fees and you are either (i) not subscribed to automatic account debit or CPA, or (ii) the amounts included in your account balance are not sufficient or the credit card information in your account is faulty or no longer valid, your Apex Card Membership account and all Apex Card Membership services may be suspended until we receive payment of (i) one Monthly Fee applicable to your Apex Card Membership Tier, and (ii) the Reactivation Fee collected by our affiliates. If you owe us Subscription Monthly Fees, you may only log into your account to submit the then current balance owing amount in either form of Digital Currencies or FIAT Currencies, whichever applies.
YOU AGREE THAT THE APEX CARD MEMBER FANBASE™ CLUB AND FANBASE™ CLUB’S SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE CAUSED BY THE APPLICATION OF THE PROVISIONS IN THIS CLAUSE. YOU AGREE TO HOLD HARMLESS FANBASE™ CLUB AND FANBASE™ CLUB’S SERVICE PROVIDERS AND TO INDEMNIFY FANBASE™ CLUB AGAINTS ALL EXPENSES AND LIABILITIES REASONABLY INCURRED BY US IN CONNECTION WITH OR ARISING OUT OF ANY ACTION, SUITE OR PROCEEDING BY REASON OF THE PROVISION SET FORTH ABOVE. If you fail to make any payment and amounts due cannot be sufficiently collected, we may choose to terminate your account after 30 days the payment is due, and we may proceed to collect due amounts under this Agreement. All benefits or rights you may have under The Apex NFT Card Services, LLC Apex Card Membership and/or Apex NFT Card Services, LLC Fanbase™ Referral, Rewards Program shall automatically terminate, irrevocably.
Benefits
By continuously using your Apex Fanbase™ Club Apex Card Membership, you may be eligible to access different lifestyle and financial benefits and rewards offered by Fanbase™ Club, in accordance with the present Agreement and other terms and conditions as determined by Fanbase™ Club from time to time. These benefits include, but are not limited to, Travel Purchase Discounts, Product Procurement, Event Access, Car Rentals, Money Remittance, Cashback/Loyalty Rewards, etc., which are all outlined in this Agreement (Schedule 1).
All Members acquire no vested or accrued right or entitlement to the continued availability of any particular rewards, benefit, redemption, or levels. Some benefits are subject to availability in your country of residence or in the country wherein the benefit is offered. Prices may be subject to exchange rates. Requests or deposits are non-refundable. Exceptionally, cancellations may be partly refundable, but cancellation charges may apply. Additional local taxes are mandatory in various countries. Any taxes, fees or other costs related to these benefits may be withheld or set off from your Apex NFT Card Services, LLC accounts or from any other amounts you may receive under the Apex NFT Card Services, LLC Fanbase™ Enabled Rewards Program. Apex NFT Card Services, LLC Apex Card Membership Services reserves the right to revoke, terminate, suspend, or modify the Benefits and any and all rewards, points, redemptions, or levels related thereto in its sole discretion with no prior notice. Please refer to the Limitation of Liability Section of this Agreement for more information.
Apex Card Membership Rules and Regulations
You acknowledge and agree that you have received, read, understood, and agreed to this Agreement. You agree to be fully bound by the terms and conditions of this Agreement and any changes made from time to time by Fanbase™ Club at its sole discretion. If you do not agree with an the updated or amendment to this Agreement, you agree to cancel your Apex Card Membership within 10 days of the amendment. Your continued use of Your Apex Card Membership is evidence of your agreement of any changes to this Agreement. Check back to the website often to remain apprised of the current version of this Agreement and the Apex NFT Card Services, LLC Cardholder & Currency Account Terms and Conditions. Apex Card Membership which has not completed financial (including traditional or non-traditional currency) transactions for a period of 30 consecutive days shall be charged an Apex Card Membership maintenance fee of $35.00 per month or the equivalent in EUR, GBP, or other FIAT wallet currency, which shall be charged the first day of the following month of inactivity and shall continue until transactions resume. You acknowledge and agree that the Apex Card Membership maintenance fee will be deducted by Apex NFT Card Services, LLC from your currency wallet(s), card account or crypto wallet(s). This fee is applicable for the entire duration of the Apex Card Membership.
Administrative Fees
The Apex Card Member Fanbase™ Club reserves the right to assess an Administrative Fee of 1.98% applicable to all account(s) funding methods. This fee is assessed by The Apex Card Member Fanbase™ Club to all Apex NFT Card Services, LLC members, irrespective of any tier. If Fanbase™ Club cannot charge this fee at the time of funding, you agree that Fanbase™ Club may deduct the Administrative Fee from any of your account(s) after the account funding method takes place. Please refer to the Apex NFT Card Services, LLC Cardholder & Multi Currency Account Terms and Conditions for more information about funding your accounts. We reserve the right to change, discount or waive the Administrative Fee at any time at our sole discretion. Please refer to the Non-Waiver section of this Agreement. Check back to the current version of this Agreement often to remain apprised of the current Administrative Fee provisions. No Ownership or Right to Participate in Management. You acknowledge and agree that the Apex Card Membership does not include (i) any ownership, equity, or other proprietary interest in Fanbase™ Club or any of its assets, (ii) any right to receive or participate in Fanbase™ Club’s earnings, nor (iii) any voting rights or any right to participate in Fanbase™ Club’s management or operation.
Contact
You expressly agree to be contacted by The Apex Card Member Fanbase™ Club and associated third-party Service Providers through the phone number and email address provided by you. You agree to receive all Apex Card Membership information through the email and telephone number you provide. You hereby authorize The Apex Card Member Fanbase™ Club and its Service Providers to contact and obtain information from your personal references identified herein. You also authorize The Apex Card Member Fanbase™ Club to inquire about your bank and creditors concerning you and to conduct any other checks of your personal history. The Apex Card Member Fanbase™ Club shall keep any information obtained confidential with respect to persons not authorized by The Apex Card Member Fanbase™ Club and its Service Providers to evaluate your application.
Termination
You may cancel this agreement at any time in accordance with applicable law, otherwise all fees are non-refundable. Fanbase™ Club may terminate this Agreement at any time for breach of this Agreement by You. Fanbase™ Club may also terminate this Agreement, without cause, at any time by given written notice to you. Our Service Providers may also terminate or discontinue the products or services included in this Agreement, without cause, at any time by given written notice to you. Please refer to the Apex NFT Card Services, LLC currency and cardholder terms and conditions to review the process upon termination of this Agreement.
YOU HEREBY HOLD HARMLESS FANBASE™ CLUB AND ITS SERVICE PROVIDERS AGAINST ANY LOSS OR DAMAGE RESULTING FROM OR IN CONNECTION WITH THE TERMINATION OF THIS AGREEMENT OR CESSATION OF THE SERVICES PROVIDED HEREIN.
Indemnification and Assumption of Risk
By using the Apex Card Membership, You agree to indemnify, defend, and hold Fanbase™ Club and its Service Providers (and both of their owners, officers, employees, and other agents) harmless from and against any and all liabilities, costs (including reasonable attorneys’ fees, court cost, expert witnesses), claims, demands or damages incident to or arising out of the acts or omissions by you or your family members or anyone given permission by you to use the Apex Card Membership or Services as a guest (“Guest”). You agree that you will reimburse Apex Fanbase™ Club for any and all transactions or Service which are made by anyone authorized by you to use Your account and/or assets, including but not limited to your children, your spouse/partner, your household staff member(s), your Guest(s) and/or employees, and anyone acting under your direction or permission whether in writing or otherwise. Member agrees to fully cooperate in the civil and criminal prosecution of anyone engaged in unauthorized use of your account and/or assets, and your failure to cooperate will be deemed as the claimed unauthorized transaction or Service as being authorized by you as valid and you shall be responsible to indemnify Fanbase™ Club for all expenses incurred during the investigation and resolution of any such claim. You hereby authorize The Apex Card Membership Fanbase™ Club to deduct indemnification amounts from your account or asset proceeds.
Limitation of Liability.
IN NO EVENT WILL THE APEX CARD MEMBERSHIP FANBASE™ CLUB BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, STAFF TIME, GOODWILL, USE OR OTHER ECONOMIC DAMAGE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE WHETHER YOU HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APEX NFT CARD SERVICES, LLC MEMBER SERVICES AND ITS SERVICE PROVIDERS DO HEREBY DISCLAIM ANY AND ALL WARRANTY, GUARANTEE AND/OR REPRESENTATION, EXPRESS OR IMPLIED, REGARDING ALL GOODS AND SERVICES PURCHASES MADE THROUGH FANBASE™ CLUB OR BY OUR THROUGH ITS SERVICE PROVIDERS INCLUDING BUT NOT LIMITED TO GOODS DAMAGED, UNDELIVERED OR OTHERWISE, TRAVEL SERVICES, HOTELS, TRANSPORTATION, LODGING, CONCIERGE SERVICES, AIR FARES AND/OR CHARTERS, OR ANY OTHER SERVICE AND/OR GOODS PROVIDED, ALL GOODS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR GUARANTEE OF ANY TYPE. IN ANY OTHER CASE, THE AMOUNT OF DAMAGES RECOVERABLE AGAINST FANBASE™ CLUB FOR ANY ACT OR OMISSION HEREUNDER WILL NOT EXCEED THE LESSER OF THE AMOUNTS PAID UNDER THIS AGREEMENT WITHIN THE TWELVE (12) MONTHS PRECEDING THE DATE OF NOTICE OF THE APPLICABLE CLAIM. THIS SECTION SHALL SURVIVE THE FAILURE OF ANY EXCLUSIVE REMEDY AND DEEMED A WAIVER BY MEMBER. ANY INSTRUCTIONS OR ORDERS PLACED BY YOU WILL BE COMPLETED TO THE BEST OF OUR ABILITY, WE MAKE NO GUARANTEE OR WARRANTY OF MERCHANTABILITY REGARDING SUCH. YOU WAIVE RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW UNDER THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND RELEASE FANBASE™ CLUB FROM ALL CLAIMS AND OBLIGATIONS UNDER THE PAYMENT CARD INDUSTRY DATA SECURITY STANDARDS.
Disputes
This Agreement is governed by the laws of the State of Florida. The exclusive venue for all disputes shall be decided in the State of Florida. This Agreement is written and available in English and all correspondence with you in respect of your Apex Card Membership shall be in English. In the event that this Agreement are translated, the version in English shall take priority. Any dispute or difference arising out of or in connection with this contract shall be determined by the appointment of a single arbitrator to be agreed between the parties, or failing agreement within fourteen days, the parties hereby agree that the dispute shall be referred to a finally resolved by arbitration under the JAMS Rules. Either party agrees to provide the other with a 30-day written notice of dispute. Both parties in this Agreement will split the cost to initiate a dispute through arbitration. The prevailing party shall have the right to collect from the other party its reasonable costs, including but not limited to attorneys’ fees and expert witnesses.
YOU IRREVOCABLY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY OBJECTION THAT YOU MAY HAVE OR HEREAFTER HAVE TO THE LAYING OF THE VENUE INCLUDED IN THIS CLAUSE, AND ANY CLAIM THAT ANY SUCH ACTION OR PROCEEDING BROUGHT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NO CLAIM ARISING OUT OF THE AGREEMENT, REGARDLESS OF FORM, MAY BE BROUGHT MORE THAN THE SHORTER OF SIX MONTHS OR THE MINIMUM PERIOD ALLOWED BY LAW AFTER THE CAUSE OF ACTION HAS OCCURRED. YOU AGREE AND UNDERSTAND THAT YOU AND WE ARE GIVING UP: (I) THE RIGHT TO TRIAL BY JURY; (II) THE RIGHT TO PARTICIPATE IN OR BE REPRESENTED IN ANY FORM OF CLASS ACTION INCLUDING BUT WITHOUT LIMITATION ANY CLASS ARBITRATION (“CLASS ACTION WAIVER”). Non-Waiver. No delay or failure on the part of The Apex Card Member Fanbase™ Club in exercising any right hereunder shall operate as a waiver of any right of the Company, as the case may be, except to the extent specifically waived in writing.
Assignability
This Agreement is assignable by The Apex Card Fanbase™ Club at any time without notice. This Agreement and The Apex Card Membership are personal to the Member and are not assigned by Member to any other entity or individual.
Enforceability.
In the event that any part of this Agreement is held not to be enforceable, this shall not affect the remainder of this Agreement which shall remain in full force and effect. Your payment and/or use of the Apex Card Membership is conclusive evidence of your agreement to be bound by the terms and conditions of this Agreement. Customer Services The Apex Card Member Support Team may be contacted in the following ways: Mobile Application: Refer to the “Contact Us” information in the mobile application Email: For support or questions: support@apexcardservice.com.
For Complaints: support@apexcardservice.com
Phone: +1 321.201.6865
Office: Apex NFT Card Services, LLC,
207 West Plant St #770984 Winter Garden FL 34777 USA, Apex NFT Card Member Support
SCHEDULE 1:
APEX CARD MEMBERSHIP MATRIX
APEX CARD MEMBERSHIP SERVICES, FEES, AND BENEFITS
|
Apex Virtual And PVC Card |
The Apex Platinum Over Stainless Steel |
The Apex Executive Platinum Over Stainless |
The Apex 14K Gold Over Stainless |
Card Cost |
$10 |
$299 |
$399 |
$599 |
Monthly Fee {Starting In Month 2) |
$25 |
$35 |
$35 |
$45 |
Card Type• |
Plastic |
Stainless Steel |
Stainless Steel |
Stainless Steel |
Referral Commissions•• |
Available |
Available |
Available |
Available |
Personal Shopping (20 Free Requests Per Month} |
Included |
Available |
Included |
Included |
Additional Request: $4.20 Quote/ $5.75 Complete Orders |
Included |
Included |
Included |
Included |
luxury Product Procurement |
Included |
Included |
Included |
Included |
24/7 Concierge Team |
None |
Included |
Included |
Included |
Multi-Language Assistant |
None |
None |
Included |
Included |
Fanbase™ Event Access |
None |
Included |
Included |
Included |
Event Dining |
None |
Included |
Included |
Included |
VIP Dining |
None |
Included |
Included |
Included |
Private Event & Party Consultee |
None |
Included |
Included |
Included |
Dedicated Phone Hotline Support |
None |
Included |
Included |
Upgraded |
10% Travel Discounts@ Lowest Rates |
Included |
Included |
Included |
Included |
Exotic car Rental |
None |
Included |
Included |
Included |
Up to 50% Off First and Business Class Airfare |
None |
Included |
Included |
Included |
Up to 20% Off College Event Tickets with Apex Fanbase™ |
None |
Included |
Included |
Included |
Car Rentals |
None |
Included |
Included |
Luxury Enabled |
Black Tie Car Airport Transfer to Hotel |
None |
Included |
Included |
Limousine Valet |
Corporate Group Travel Fanbase™ Specialist |
None |
Included |
Included |
Personal Assistant |
Private Aviation & Private Yacht |
None |
Included |
Included |
Pilot and Captain Access |
Digital/Crypto Wallets (BTC. ETH, SCH) Et all |
Included |
Included |
Included |
Exchange Enabled |
Crypto to Fiat Point of Conversion Liquidation/ Instant Liquidation POC |
3% |
No Fee |
No Fee |
No Fee |
Crypto Send Internal |
Included |
Included |
Included |
Included |
Crypto Send External |
0.50% |
0.25% |
0.20% |
Fees are due at the time of service and are non-refundable, unless otherwise provided under applicable law. In the event you choose to cancel Your Apex Card Membership within 14 days from your Joining Fee, you will be refunded your Apex Card Membership payment back, less any applicable fees. Please refer to the Apex NFT Card Services, LLC Cardholder & Multi-Currency E-Money Account Terms and Conditions for fees associated to your card and e-money accounts. Apex Card Membership services and benefits are subject to change without notice; the Fanbase™ Club reserves the right to make substitutions. Members who qualify for the currency account will be notified and issued an individual multi-currency e-money account subject to the Apex NFT Card Services, LLC Multi-Currency E-money Account Terms and Conditions. If a Member does not qualify for a currency account, the Apex NFT Card Services, LLC Multi-Currency E-Money Account Terms and Conditions are not applicable to such an unqualified Member and the unqualified Member will not be issued a currency account.
SCHEDULE 2: FANBASE™ INSTANT REWARDS
Introduction
These terms (“Terms”) apply to The Apex NFT Card Services, LLC Instant Rewards Program (“Program”) provided to You (“You/Your”), the member or applicant to an Apex NFT Card Services, LLC Apex Card Membership (“Apex Card Membership”). THE APEX NFT CARD SERVICES, LLC APEX CARD MEMBERSHIP AGREEMENT IS FULLY INCORPORATED HEREIN BY REFERENCE. Apex NFT Card Services, LLC reserves the right to make substitutions to these Terms at any time without notice. You can review the most current version of the Program at any time by accessing the Apex NFT Card Services, LLC App/Portal through Your Apex Card Membership. Your continued use of the Program after the changes become effective constitutes Your binding acceptance of such changes. Under these Terms, Apex NFT Card Services, LLC may make available to You from time to time offers or discounts on certain merchants or third-party product and service providers (“Reward Tokens”), which will be listed in the Apex NFT Card Services, LLC App/Portal. These Terms govern the use of the Reward Tokens. The merchants or third-party products or service providers are herein referred to as “Participating Merchants.”
Application
The Apex NFT Card Services, LLC App/Portal will list all available Participating Merchants and Reward Tokens applicable to you within a specific geographic region for their use and redemption. You may purchase a Reward Tokens to redeem its full value at the point of sale or online purchase with the respective Participating Merchant. When You redeem a Reward Tokens by making a purchase through a Participating Merchant, we may credit Your Apex NFT Card Services, LLC electronic money account (“Account”) with an amount equivalent to a percentage of the payment made with the Reward Tokens (“Instant Reward”), as determined by Apex NFT Card Services, LLC and subject to these Terms. The Instant Reward(s) are based on net minimum purchases provided by the Reward Tokens or the Participating Merchant. The Instant Reward may be credited to Your Account at least 24 hours after the Reward Tokens’ valid redemption. You will accumulate Instant Reward(s) in Your Account only. You must use the Reward Tokens during the point of sale or online transaction to be eligible to receive the Instant Reward. Please note that the Reward Tokens apply to net purchase amounts, which may exclude taxes, fees, shipping, gift-wrapping, discounts, or credits, returns or cancellations and extended warranties that the Participating Merchants may offer. If You cannot complete a purchase using a Reward Tokens with the respective Participating Merchant, You should contact us at support@apexcardservice.com
Participating Merchants
Participating Merchants and Reward Tokens can change, be added, or deleted at any time by Apex NFT Card Services, LLC, without notice. Visit the Apex NFT Card Services, LLC App/Portal regularly for up-to-date Program details. Returns, cancellations and exchanges of the products or merchandise You buy using a Reward Tokens are subject to the policy of the Participating Merchant from which You made Your purchase. If You return or cancel an item, the Instant Reward You earned will be deducted from Your Account. Likewise, if You exchange merchandise, the Instant Reward from the original sale will be deducted from Your Account because the exchanged for merchandise was not purchased using the Reward Tokens. Participating Merchants may exclude certain products for redemption using a Reward Tokens. Participating Merchants may not allow the use of the Reward Tokens(s) with any other offer, promotion, or discount. Certain Reward Tokens require You to click a shopping link to be directed to a Participating Merchant’s site or app (which may also require You to download such app) and complete a purchase to earn an Instant Reward on Your net purchase amount. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any of the Participating Merchants. Determination of whether a purchase was made at a Participating Merchant is at the sole and absolute discretion of Apex NFT Card Services, LLC. Conditions of Use The Program is available to Apex NFT Card Services, LLC active members only pursuant to the terms of the Apex NFT Card Services, LLC Apex Card Membership Agreement. If You are not an active member, You will not have access to purchase Reward Tokens(s) or earn Instant Reward(s) in Your Account.
1. The Program may not be available to You depending on Your country of residency.
2. Apex NFT Card or Apex Passport Card with Fanbase™ Rewards may change the percentage of the Instant Reward(s) from time to time for any reason
3. You cannot redeem or combine more than one Reward Tokens during a single transaction with a Participating Merchant.
4. Reward Tokens(s) are not partially redeemable.
5. Reward Tokens(s) are non-refundable and cannot be exchanged for cash, in part or full.
6. Reward Tokens are not transferable to another Apex NFT Card Services, LLC member or person after they are purchased.
7. Prior to redemption, Reward Tokens have no monetary value, and You cannot obtain any cash, money, or anything of value in exchange for Your Reward Tokens.
8. Any Reward Tokens You have purchased will expire after three (3) years from the date You purchased it. No refunds or cash will be deposited in Your Account after the Reward Tokens has expired.
9. You must be at least 21 years old to redeem Reward Tokens with alcoholic beverages.
10. At any time and in Apex NFT Card Services, LLC ’s sole discretion, Apex NFT Card Services, LLC may: (i) determine whether or not You are eligible to buy or redeem a Reward Tokens; (ii) determine whether or not You have earned an Instant Reward; or, (iii) adjust the Instant Reward(s) in Your Account to accurately and fairly reflect the Instant Reward(s) that You have actually earned.
11. Apex NFT Card Services, LLC may, in its sole discretion, deduct from Your Account(s) any Instant Reward that Apex NFT Card Services, LLC determines You have not earned, or You have earned in violation of these Terms, Apex NFT Card Services, LLC policies, Participating Merchant’s terms or applicable laws.
12. Each Reward Tokens may be subject to additional terms by Apex NFT Card Services, LLC or the Participating Merchants and may be discontinued by Apex NFT Card Services, LLC at any time without notice. You can find a list of available Reward Tokens through the Apex NFT Card Services, LLC App when You become and remain an active member.
Fanbase™ Program Support
If you believe that You have made purchases that should have resulted in the addition of Instant Reward(s) and You see that no Instant Reward have been deposited in Your Account within 30 days of Your redemption date, You can contact us at support@apexcardservice.com. You should contact us within 30 days of such purchases, and we will investigate the situation. If you wait longer than 30 days, Your ability to claim the Instant Reward will be considered waived. Apex NFT Card Services, LLC is not responsible for missing transaction(s) if You have failed to contact us within 30 days of the original purchase date. We may ask You to provide a receipt so that we can research the transaction under investigation. While most missing Instant Reward inquiries can be resolved within 30 days of the date Apex NFT Card Services, LLC received Your inquiry, some inquiries may take longer than 30 days. Apex NFT Card Services, LLC will contact You by email once Apex NFT Card Services, LLC, has a resolution to your missing Instant Reward.
Prohibited Conduct
1. You shall not use the Apex Card Membership Program for the purpose of bulk purchasing and/or reselling activity. To remain in compliance with all the Participating Merchants and its internal policies, Apex NFT Card Services, LLC may choose to limit, suspend, or cancel your Apex NFT Card Services, LLC accounts that have proven to be, or appear to be at Apex NFT Card Services, LLC ’s sole discretion, purchasing for resale.
2. You agree not to seek Instant Rewards or make any claims for Instant Rewards against third-party providers, merchants, distributors or manufacturers of products and services.
3. You agree not to use the Apex Card Program for any illegal purpose, or in violation of any local, state, national or international law, including without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
4. You shall not modify, copy, reproduce, create derivative works, republish, post, transmit or distribute content from the Program without the prior written approval of Apex NFT Card Services, LLC.
5. You agree not to use the Program for any commercial purpose not authorized in written by Apex NFT Card Services, LLC.
6. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Program or any part thereof, including the Apex NFT Card Services, LLC app.
7. You shall not, and shall not induce any third party to, use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Program.
8. You agree not to interfere with or damage the operation of the Program or any Apex NFT Card Services, LLC, member’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
9. You agree as an Apex Card Member or Fanbase™ Subscriber Club Member, you agree not to purposely damage the Apex “brand” by knowingly or by contract with a competitor, malice and forethought, post negative Social Comments, Podcasts, YouTube Videos, Instagram, Facebook, X or otherwise while encouraging others to do the same. By doing so makes your Membership Null and Void and we will disassociate you and your followers from the Apex NFT Card Services, LLC, Fanbase™ “Brand” and take necessary legal action against you and your affiliates in order to recoup damages and loss of member’s due to your actions as an Artist, Athlete, Team, Performer, Entertainer Influencer, Media Outlet Spokesperson or otherwise by any legal means necessary.
Taxation
Depending on applicable national, federal, state, and local tax laws applicable to You, the distribution of Instant Rewards may be subject to taxes.
1. You will be solely responsible for any and all tax liability applicable to You arising out of the Program (including fees, penalties, or fines).
2. You agree to provide Apex NFT Card Services, LLC with information That your Apex NFT Card Services, LLC Apex Card Membership may request in connection with applicable national, federal, state and/or local tax laws.
3. You are responsible for indemnity Apex NFT Card Services, LLC as a result of your action or inaction in connection with any tax liability You incur, including but not limited to Your failure to provide Apex NFT Card Services, LLC with information.
4. You agree that Apex NFT Card Services, LLC is authorized to offset such tax liabilities from your Account or Instant Rewards.
Escheatment
Under applicable national, federal, state, or local law, property which is presumed abandoned may under certain circumstances escheat to the applicable governmental entity after a certain amount of time, as determined by the law applicable to You. Unless required by applicable law, Apex NFT Card Services, LLC is not obliged to notify You in case Your Reward Tokens or Accounts qualify as unclaimed property. You accept and agree that any amounts that remain in Your Reward Tokens or Account after such statutory period will be reported as unclaimed property, and Apex NFT Card Services, LLC may be required to escheat any funds remaining in Your Accounts to Your last-known jurisdiction. Apex NFT Card Services, LLC shall have no liability to You, Your respective heirs, legal representatives, successors and assigns, or any other party, should any or all the remaining funds in Your Reward Tokens or Account escheat by operation of law.
Limitation of Liability
IN NO EVENT SHALL ZENCHIP PRIME CORP., APEX NFT CARD SERVICES, LLC , ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, INJURIES, COSTS OR DISABILITIES THAT YOU MAY SUFFER WHILE CONSUMING, USING OR EXPERIENCING ANY OF THE PRODUCTS OR SERVICES YOU ACQUIRED USING A REWARD TOKENS. APEX NFT CARD SERVICES, LLC IS NOT LIABLE FOR YOUR INABILITY TO USE A REWARD TOKENS BY REASONS OUTSIDE ITS CONTROL, INCLUDING BUT NOT LIMITED TO WHETHER OR NOT THE PARTICIPATING MERCHANT IS STILL IN BUSINESS. IN SUCH CASES, THE REWARD TOKENS WILL EXPIRE, AND YOU MAY NOT RECEIVE CASH, MONEY, OR ANYTHING OF VALUE IN EXCHANGE FOR SUCH A REWARD TOKENS. APEX NFT CARD SERVICES, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION.
No Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, APEX NFT CARD SERVICES, LLC MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR REPRESENTATIONS WITH RESPECT TO THE QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE OF ANY PRODUCT OR SERVICE THAT YOU PURCHASED USING A REWARD TOKENS. INCLUSION OF A PARTICIPATING MERCHANT IS NOT AN ENDORSEMENT OF THAT BUSINESS BY APEX NFT CARD SERVICES, LLC. IN ADDITION, APEX NFT CARD SERVICES, LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE PROGRAM IS ACCURATE, COMPLETE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OF FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE OF ANY ASPECT OF THE PRODUCTS. FURTHER, APEX NFT CARD SERVICES, LLC MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE PROGRAM WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
Termination
Apex NFT Card Services, LLC reserves the right to terminate Your Fanbase™ Apex Card Membership, Account and/or Your participation in the Program for failure to comply with these Terms, any fraud or abuse relating to the accrual of Instant Rewards, misrepresentation of any information provided to Apex NFT Card Services, LLC or Participating Merchants, violating the terms and conditions of any Participating Merchant or any other reason deemed appropriate by Apex NFT Card Services, LLC ’s sole and exclusive discretion. If Your Apex Card Membership is terminated or cancelled, for any reason, You will not be eligible to redeem any Reward Tokens You may have or earn Instant Reward(s). Any rights You have to the Reward Tokens will terminate. Any Reward Tokens You have after the termination of Your Apex Card Membership will automatically expire and You will not obtain any cash, money, or anything of value in exchange for Your Reward Tokens.
Indemnification
You agree to indemnity and hold Apex NFT Card Services, LLC, its affiliates and their respective parents, subsidiaries, officers, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising in any way out of:
(a) Your participation in the Card Membership Program,
(b) Your use of any Reward Token(s),
(c) Any violation of these Terms by You,
(d) The violation, infringement or misappropriation by You, or another person using Your account, of any intellectual property or other right of any person or entity.
Miscellaneous
You agree that we may contact you at the address, email, phone number, or other contact information You provided for the purposes of the Program. You agree that any notices, agreements, disclosures, or other communications that Apex NFT Card Services, LLC sends to You electronically will satisfy any legal communication requirements. Other terms applicable to the Program and/or provisions not expressly included herein, shall be supplemented, and governed by the Apex NFT Card Services, LLC Apex Card Membership Agreement and the provisions contained therein, incorporated herein by reference, including but not limited to Governing Law, Disputes, Assignability, Severability, Enforceability, etc.
SCHEDULE 3 FEE TABLE
Fanbase™ Membership Fee Types |
Tier Plan 1 |
Tier Plan 2 |
Tier Plan 3 |
Joining Fee(s) |
$10 |
Free With Card Purchase |
Free With Card Purchase |
Monthly Fee {Starting In Month 1) |
$10 |
$35 |
$45 |
Card Type Availability• |
Virtual |
Variable |
Variable |
Merchant Instant Fanbase™ Rewards |
Up To 5% |
Up To 10% |
Up To 40% |
24/7 Concierge Team Global Support** |
Included |
Included |
Included and Enhanced Call In Assistance |
Multi-Language Virtual Assistant
|
Included |
Included |
Included |
e-Digital/Crypto Wallets** |
Included |
Included |
Included |
Crypto Send Charge*** |
.75% plus Blockchain Fee |
Blockchain Fee |
Blockchain Fee |
Crypto Receive Charge*** |
Free |
1% |
2.5% |
Asset Liquidation Charge*** |
2% |
1% |
Free |
Inactivity Fee (charged after 90 days of inactivity. Fee is charged per month after the 90 days of inactivity.) |
$20 USD or Equivalent |
$20 USD or Equivalent |
$20 USD or Equivalent |
Fanbase™ College Rewards Fee(s) |
Included |
Included |
Included |
* Please refer to The Apex NFT Card Services, LLC Cardholder & Multi-Currency E-Money Account Terms and Conditions for the fees associated to the Apex NFT Card Services, LLC and currency accounts. This is a separate agreement and contains its own fee schedule. ** Please refer to Apex NFT Card Services, LLC Referral Program Terms and Conditions for more details regarding the Apex NFT Card Services, LLC Referral Program. *** Please refer to the Apex NFT Card Services, LLC Digital Asset Agreements for more details regarding this service
Apex Card Membership, Concierge and Fanbase™ Services offered through Apex NFT Card Services, LLC E-money issuance, payments, and Apex NFT Card Services, LLC are solely provided by ZenChip PRIME Financial Corp. Buke Montana (No. 001564510), authorized by the Financial Conduct Authority under the Electronic Money Regulations 2017 for the issuing of electronic FIAT money and payment instruments (Reference number 000246516) with registered address: 5 W Mendenhall St, Bozeman MT, US, Zip: 59715 and Florida Office located at: 207 West Plant St #770984 Winter Garden FL 34777 USA. Your Apex NFT Card Services Prepaid Card will be issued by ZenChip PRIME Financial Corp. Please note the Apex NFT Card Services, LLC is a regulated electronic money product, but it is not covered by the Financial Services Compensation Scheme. We ensure that any funds received by you are held in a segregated numbered account so that in the unlikely event that ZenChip PRIME Financial Corp. becomes insolvent your funds will be protected against claims made by creditors. Cryptocurrency services are not regulated by the Financial Conduct Authority (FCA). You understand that the price or value of cryptocurrencies can rapidly increase or decrease at any time.
The risk of loss in buying, selling or holding cryptocurrencies can be substantial. Cryptocurrencies received by us will not be safeguarded under the UK Electronic Money Regulations 2011 or covered by the Financial Services Compensation Scheme. We do not make any representation regarding the advisability of transacting in cryptocurrencies. We cannot guarantee the timeliness, accuracy, or completeness of any data or information used in connection with you holding any exposure to cryptocurrencies. The information provided on this website is included for reference only and we do not make any representation regarding the accuracy of such data.