Terms & conditions

ACCESS TO AND USAGE OF FANCCI.COM WEBSITE AND
RELATED SOFTWARE
Version 1.1, last updated on 2024-10-14

A. About this document

1 This document governs the terms and conditions (“Terms”) for use of the www.fancci. com website (“Website”) and the content and services offered via this Website.

B. Scope of Application of the Terms

1. Authorization of usage

2 By accessing the Website, a link to these Terms (valid at this very moment) will appear. By accepting these Terms and as well as by accessing the Website, you give your unconditional consent to the present Terms. If you do not agree, you are not permitted to access the Website and use the Services offered via the Website.

3 Further on, you understand that, by accessing the Website, you may see graphic depictions of nudity, exposed genitals and persons engaged in explicit sexual activity consisting of people of different genders, people of the same gender as well as sexual acts involving more than 2 individuals. By accessing the Website, you expressly acknowledge that you wish to see such materials.

4 In any case, access to the Website is only permitted to natural persons who are at least 18 years old or of the age of majority, whichever is older.

2. Contractual parties

5 These Terms are agreed between the Operator of the Website and the user of the Website.

6 The Operator is FANCCI AG with commercial register number CHE-357.876.385 and registered office in Grundstrasse 4b, 6343 Rotkreuz, Switzerland (“Operator”).

7 A User is an individual that accesses the Website and/or uses Services and Functions offered via the Website(“User”).

C. User-Types

8 Depending on which Services and Functions a User of the Website can use, a distinction is made between different types of Users, each of which has additional rights and obligations.

9 Accordingly, the term “User” is used in a general sense in these Terms. Where certain characteristics are important, the terms “Visitor” or “Member” or “Creator” are used instead.

1. Visitor

10 A Visitor is a natural person who is at least 18 years old (or of the age of majority, whichever is older) accessing the publicly accessible Content, Services and Functions of the Website offered via the Website (“Visitor”).

2. Member

11 A Member is a Visitor who has registered on the Website by providing and successfully confirming his e-mail address, choosing a username and setting a password (“Member”).

12 By registering with the Website, a User Account will be created. Reference is made to the “User Account” section (see section E).

13 A Member has the opportunity to access also non-public Content, Services and Functions of the Website offered via the Website as well as to participate in an exclusive referral and commission program. Reference is made to the “FANCCI Community Program” (see section F).

3. Creator

14 A Creator is a Member who was, after successfully having identified himself to the Operator by presenting an official form of identification, accepted by the Operator to be granted the creator status (“Creator”).

15 After having been accepted by the Operator, a Creator Homepage will be created as part of the User Account. A Creator has the opportunity to offer its own Content as well as Services to Users of the Website via the Website and thus generate income, as well as to participate in an exclusive referral and commission program. Reference is made to the “FANCCI Community Program” (see section F).

D. Rights and Obligations

16 Below, the rights and obligations of the Operator and the User are defined.

1. Rights and obligations of the Operator

a. Rights of the Operator

17 The Operator has the following rights:

• - to restrict, terminate or suspend access to all or part of the Website (including the User Account, if any) at any time, with or without notice, in its sole discretion, for any reason or no reason at all, including, without limitation, illegal, fraudulent and/or abusive behavior and/or violation of these Terms;
• - to set off any claims against the User and therefore offset any damage caused by the User against the User's FANCCI Credits and claims;
• - to disallow the use of usernames or terminate, at any time, the User Account of a Member who uses the selected username in violation of these Terms or in any other way the Operator deems inappropriate in his sole discretion;
• - to remove any Content or discontinue Services that the Operator believes, in its sole discretion, may violate these Terms or any laws applicable.

b. Obligations of the Operator

18 The Operator herewith grants to every User a non-exclusive, royalty-free and worldwide license to access the Website for its own personal enjoyment and to view respectively consume Content, Services or Functions available on the Website.

2. Rights and obligations of the User/Visitor

a. Rights of the User/Visitor

19 The User/Visitor has access to publicly accessible Content on the Website. When visiting the Website, certain (personally identifiable) data about the Visitor is being collected by the Website which utilizes cookies and certain technology that tracks usage, performance as well as the geographic location of the Visitor. The Operator ensures that such information is protected and dealt with based on our current Privacy & Cookies Policy.

b. Obligations of the User/Visitor

20 The User must behave in a generally decent and courteous manner, treat third parties with respect and not do anything that violates applicable law and/or these Terms.

21 The User shall further be solely responsible for fulfilling his own tax obligations regarding any remuneration arising from this agreement and shall indemnify, hold harmless and exempt from execution the Operator in the event that third parties assert claims against the Operator arising from the activities of the User.

22 The User undertakes to represent and warrants:

• - to be familiar with the laws applicable that may affect the legal right to access or transmit erotica or adult-oriented material;
• - to not be prohibited by law from accessing or using the Website or transmitting in any way any adult-oriented material;
• - follow all applicable laws when using the Website;
• - to not be a registered sex offender in any jurisdiction and have never been convicted of any type of sexual crime against any person or animal;
• - to be voluntarily choosing to proceed with the use of the Website in order to view, read or hear various content, including, without limitation, content of an explicit adult nature for your own personal enjoyment, information, and/or education;
• - to be familiar with the standards in its community regarding acceptance of sexually- oriented materials and the materials expected to be encountered through usage of the Website are within its community standards respectively, if this is not the case, to immediately cease usage of the Website;
• - to not have notified any governmental agency or authority regarding not wishing to receive sexually oriented material;
• - to not violate any civil or other rights of any third party by accessing and using the Website;
• - to understand that the Operator is not the creator or the source of the Content published via the Website but instead, the Creator who uploaded the Content to the Website is solely responsible for this Content and its compliance with these Terms and any laws applicable;
• - to understand that the Website is a tool allowing the exchange of Content between its Users and to facilitate interactions between Creators and Members.

23 The User undertakes not to carry out any of the following activities:

• - to act as a representative of the Operator and/or make any declarations or actions or statements that appear to suggest that the Operator should or will be legally bound;
• - to use the Website for any unlawful purpose, including, without limitation, any use that would subject the Website and/or the Operator to criminal and/or civil liability;
• - to attempt to defeat or defeat any security features of the Website or reverse engineer any code or Content or introduce in any way to the Website any malicious code;
• - to use brand names, logos or other intellectual property generated or invented and/or protected by the Operator such as "BITCCI" or "FANCCI" in any public manner such as, but not limited to, in e-mail addresses, domain names, user names (used on social media or similarly) or other electronic or printed materials;
• - to set up more than one User Account respectively to use more than one e-mail address to identify via the Website;
• - to set up User Accounts for other individuals
• - to abuse special offers by the Operator, for example by creating multiple User Accounts in order to take advantage of such offers;
• - to participate more than one time in the BITTCI Share Airdrop Program;
• - to disclose any information contained on or provided through the Website to anyone without the explicit permission of the copyright owner;
• - to download, record or otherwise capture, reproduce in any manner, sell, rent, perform or commercially exploit any Content made available on the Website;
• - to link (including framing the site in any other website or content regardless of whether proper attribution is given or not) any Content made available on the Website;
• - to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, which defame, disparage, or in any way criticize the Website or the Operator.

24 The User hereby undertakes to immediately cease and desist from any violations of applicable law and/or these Terms and to remedy any such violations immediately. He acknowledges that otherwise a contractual penalty of CHF 10’000.00 per violation will be due, whereby the right of the Operator to claim further damages remains reserved.

3. Additional rights and obligations of the Member

25 In addition to the above-mentioned rights and obligations of the User, a Member has the following rights and obligations:

a. Rights of the Member

26 The Member has, where applicable, access to non-publicly accessible Content, Services and Functions offered by the Website.

27 The Member may further participate in the FANCCI Community Program (see section H) and thus can generate income from this. Such revenue will be credited to the respective User Account in the form of FANCCI Credits (see section G).

28 Further on, the Creator is eligible to the BITCCI Share Airdrop Program (see section F) subject to certain conditions.

29 Earned FANCCI Credits can be disbursed according to the payment information provided via the User Account earliest at the next payout date.

b. Obligations of the Member

30 Every Member is responsible and liable for all activities conducted through his User Account.

31 The Member warrants:

• - to understand that a purchase or use of any Content published on the Website or Service or Function made available via the Website is solely at his own risk;
• - to understand that any purchases made on the Website will not be refunded in case the Operator had to terminate access to the Website.

32 The Member undertakes not to carry out any of the following activities:

• - to use the User Account for purposes other than those of the Website, in particular to contact third parties or to send advertising of any kind or Spam to third parties;
• - to use the Website to obtain personal data or usage information from other Users, either by manual or automated means, and regardless of whether or not such data is aggregated and anonymized or identifiable;
• - to use automated tools to collect data such as robots, crawlers or other data mining tools;
• - to grant access to the User Account to third parties;
• - to attempt to use or use any other Members User Account;
• - to create a new User Account in an attempt to circumvent a ban from the Operator;
• - to choose a username that may falsely represent you as someone else or otherwise be in violation of the rights of any other individual or entity or to take any action to mask the own identity such as using fake or doctored profile information, faked headers or other mechanisms used to conceal the source of any communication;
• - to forward referral links to persons who are not known to the Member or who have not previously given their consent for the sending within the framework of a "double opt-in procedure";
• - share, discuss or request any Content that is infringing, defamatory, obscene, lewd, violent, harassing, discriminatory, invasive of privacy rights, unlawful or otherwise offensive;
• - to use the Website to publish or forward any chain letters, advertisements, spam or any similar commercial content;
• - to send unsolicited communications to any Member except as part of the normal Services;
• - to provide tips to Creators not intended as a gratuity but for the performance of specific acts or services;
• - to use the Website to arrange virtual or face-to-face meetings for the purpose of engaging in illegal activity;
• - to disclose the true name, e-mail address, home address, phone number, place of work, bank account or any other personal and private and identifying information in the publicly accessible area of the User Account;
• - to post links (or references to links) to third party websites on the Website.

4. Additional rights and obligations of the Creator

33 In addition to the above-mentioned rights and obligations of the Member, a Creator has the following rights and obligations:

a. Additional Rights of the Creator

34 The Creator may offer own Content and/or his Services to Members and sell such Content (such as pictures, videos) or Services (such as live webcam sessions) at a price set by the Creator himself against FANCCI Credits. A Creator may also, subject to pre-approval of the concept by the Operator, utilize, use, sell cartoons, avatars and other interactive digitally created images provided that such cartoons, avatars, or images comply with these Terms.

35 A Creator thus can generate revenue interacting with Members. The Creator is entitled to receive 65 % from the revenue (measured in FANCCI Credits) generated by himself. Such revenue will be credited to the respective User Account in FANCCI Credits only.

36 The Creator may further participate in the FANCCI Community Program (see section H) and thus can also generate income from this. Such revenue will also be credited to the respective User Account in the form of FANCCI Credits only.

37 Further on, the Creator is eligible to the BITCCI Share Airdrop Program (see section F) subject to certain conditions.

38 Earned FANCCI Credits can be disbursed according to the payment information provided via the User Account earliest at the next payout date (set by the Operator).

39 The Creator is allowed to mention, advertise and link the own User Account, homepage and wish list to third parties, subject to being compliant with applicable law.

b. Additional Obligations of the Creator

40 Content shared via or uploaded to the Website may be protected by intellectual property laws. The Creator herewith grants to the Operator regarding such Content a non-exclusive, perpetual, transferable, sublicensable, royalty-free and worldwide license to host, use, distribute, modify, perform, copy, publicly perform or display, translate and create derivative works of such content.

41 The Creator herewith warrants:

• - to have all the necessary rights and permissions to make Content available through the Website and to offer and sell such Content to Members and by doing so, to grant such a Member a perpetual, irrevocable, worldwide license to access and view such Content through the Website;
• - to not allow any person below the Age of Majority to appear in any Content or allow any such person to access or use the Website.

42 The Creator undertakes not to carry out any of the following activities:

• - to request any type of payments not processed via the Website;
• - to upload or make available on the Website Content that is protected by intellectual property of third parties or that the Creator does not have the right to use in such manner;
• - to broadcast from any public place or from a studio or set that creates the impression that the Creator is in a public place;
• - to broadcast outdoors unless being on private property with the owner's consent, and in an area not visible from the neighboring property;
• - to appear in service uniforms including, by way of example, military uniforms or religious attire;
• - to perform while intoxicated, whether from alcohol or drugs (prescription, legal or illegal);
• - to sleep on camera (whether real or acting/pretending);
• - to broadcast (pre-) recorded Content (or any other type of non-interactive content) branded as “live”;
• - to use any automated (or semi-automated) means to unfairly enhance the User Account such as creating a false impression of traffic to any chatroom or artificially increasing follower count;
• - to use the Website to offer, discuss or arrange for prostitution, escort services or any other type of compensation for meeting type arrangement;

E. User Account

43 In order to become a Member, a User must create a User Account (“User Account”) via the Website by providing (and verifying) the personal e-mail-address and creating a unique username and setting a strong password.

44 Each user can store a payment method via the User Account. The Operator ensures that such confidential information is protected and not accessible to third parties. However, by providing a payment method and related information such as Credit Card data or a crypto wallet address, the User expressly consents to the use of third-party payment processors in order to facilitate any and all transactions through the Website. Reference is made to the current Privacy & Cookies Policy.

45 The payment method stored in the User Account is used only at the explicit request of the Member, for example when the Member buys FANCCI Credits. Unless otherwise specifically stated, there is no billing for the same purchase on a recurring basis. The Operator reserves the right to impose transaction limits on Members based upon a variety of factors including, without limitation, length of membership, location, changes in access information, amount of refund requests, etc.

46 The Member is solely responsible for maintaining the confidentiality of the username and password. He is fully responsible for any and all activities conducted by using the User Account as well as purchases made through the User Account.

47 The Member herewith agrees to immediately notify the Operator regarding any unauthorized use of the User Account or any other breach or suspected breach of security and to ensure that, each time no interaction with the Website takes place, he is logged of from the Website. Using two-factor-authentication (2FA) is highly recommended.

F. Content, Services & Functions

1. Definition of Content, Services & Functions

a. Content

48 Content is defined as being any data uploaded to the Website by a Creator or the Operator or being available on the Website, such as text-, sound-, image- or video-material

(“Content”).

b. Services

49 Services are defined as a) any private interaction in text-, audio-, image- or video-format that a Creator provides to a Member via the Website or during a physical interaction or b) as features provided by the Website to Users (“Services”).

50 Functions are all the features offered by the Website that a) allow the User to interact with other Users or that b) allow the User to use Services provided by the Operator.

(“Functions”).

2. Prohibitiv Content

51 Prohibitive Content is strictly prohibited and will not be tolerated on the Website. The following is a brief summary of the most important types of prohibited Content in the interest of explicit and clear regulation.

52 However, the following is not exclusive, and the Operator may, at any time, prohibit any Content, Service or activity that it determines, in its sole and absolute discretion, to be inappropriate. The Operator reserves the right to terminate or suspend access to all or part of the Website at any time, with or without notice, if a Creator engages in any inappropriate activity.

53 If you see anything on the Website that violates these Terms, applicable laws or, generally, seems questionable, please help us and report this immediately to legal [at] fancci. com. We will immediately investigate any claim and take the appropriate actions.

a. Unlawful and discriminatory Content

54 Sharing, discussing or requesting any content that is unlawful or discriminatory is prohibited.

b. Pedophilic or Pederastic Content, underaged Pornography

55 Content with and/or about minors (or persons who pretend to be minors) as well as related discussions or arranging to discuss minors on another website/platform is strictly prohibited and will not be tolerated.

56 For the purpose of these Terms, "Underaged Pornography" includes, but is not limited to (i) any materials showing a person under the age of majority in a state of undress, or engaged in any suggestive or sexual acts of any kind; (ii) any materials that simulate the foregoing, such as dolls, animated films or shorts, adults made to look like children or suggest that they are below the age of majority; and, (iii) discussion of child pornography or child exploitation. Child pornography and the exploitation of children is a serious crime. All Users are strictly prohibited from using the Website to distribute, access, or solicit child pornography or engage in any conduct or discussion exploitative of a person below the age of majority, including by way of role play.

c. Obscene Content

57 For the purpose of these Terms, obscene Content include, without limitation, any actual or simulated scatological, rape, incestual (and depictions of incest), child pornography (or any depiction of child pornography) as well as bestiality or Content referencing or depicting "bukkake" or "goatse". Such Content is strictly prohibited and will not be tolerated on the Website.

58 Overly large sex toys or animal-shaped sex toys may not be used on camera and objects may not be used as sex toys unless they are normally marketed and sold for that purpose. Email to support [at] fancci.com for authorization by providing a detailed proposal to incorporate any type of mechanical device, tool, "sex machine" or other unusual equipment into your performance (whether controlled by you or controlled remotely Members). The Operator may require the Creator to sign a waiver and release of liability in order for certain devices to be used on the Website and any authorization or permission the Operator grants to the Creator may be revoked by at any time and for any reason, without notice, in the sole and absolute discretion of the Operator.

d. Content about illegal and/or unsafe actions

59 Depictions of actual or simulated illegal and unsafe actions, including violence, blood, torture, pain, erotic asphyxiation, fisting, rape themes or any actions associated with causing physical or emotional harm, usage of illegal drugs (or drugs that may be perceived as illegal in certain locations) are strictly prohibited.

G. FANCCI Credits

1. Definition of FANCCI Credit

60 A FANCCI Credit is the internal and exclusive means of payment of the Website (“FANCCI Credit”). Paid Content, Services, access to non-public areas, Services or Functions of the Website must be paid for with FANCCI Credits.

61 The Operator has set the price or value of one (1) FANCCI Credit at CHF 0.10. Fractions of FANCCI Credits can/will be used as well.

2. Acquiring and spending FANCCI Credits

a. How to acquire FANCCI Credits

62 A FANCCI Credit can be purchased via the User Account on the Website using the available payment options. Purchased FANCCI Credits cannot be exchanged for FIAT or crypto currencies.

63 A FANCCI Credit can also be earned, either by a Creator selling its own Content or Services against FANCCI Credits or by a Member participating in the FANCCI Community program (see section F). Earned FANCCI Credits can be disbursed according to the payment information provided via the User Account earliest at the next payout date set by the Operator.

b. How to spend/use FANCCI Credits

64 FANCCI Credits can be spent respectively used on the Website only. Currently, the following use cases are available:

• - buy content produced by a Creator;
• - buy goods for a Creator via the Website (Creator wish list);
• - access Services provided by the Website and/or a Creator;
• - tip a Creator;
• - unlock additional functionality of the Website.

H. FANCCI Community Program

a. Description of the FANCCI Community Program

65 The FANCCI Community Program enables Members and Creators to participate in the revenue generated by other Members or Creators on the Website.

66 Each User Account is assigned an individual referral link. This referral link can be used by the Member/Creator to invite third parties to become Members or Creators on the Website.

67 The FANCCI Community Program is limited to a maximum of 6 levels whereby the number of levels is calculated for each individual case based on the distance between the inviting Member/Creator and the revenue-generating Member/Creator, starting at the renenue-generating Member/Creator side.

68 A third party can only be recruited by one (1) Member/Creator. The principle of temporal priority applies. That means that once a third party has been recruited by a Member/Creator, the third party can no longer be recruited by another Member/Creator.

69 As soon as a third party invited in this kind of way a) accepts the invitation and thus becomes a Member or Creator on the Website and b) generates turnover on the Website by spending FANCCI Credits, the referring Member/Creator (and, if applicable, all Members/ Creators in between) will participate in this turnover in accordance with the compensation plan set in force by the Operator at that time.

b. The Compensation Plan

70 The compensation for revenue generated by Members/Creators which were invited by using the referral link of a referring Member/Creator is defined as following:

• - 5 % of the revenue generated on level 1;
• - 4 % of the revenue generated on level 2;
• - 3 % of the revenue generated on level 3;
• - 2 % of the revenue generated on level 4;
• - 1 % of the revenue generated on level 5;
• - 1 % of the revenue generated on level 6.

71 The compensation calculated based on the Compensation Plan will be credited to the respective User Account in FANCCI Credits only. By crediting the FANCCI Credits, the Operator is completely released from his obligations to the respective Member/Creator under the FANCCI Community Program. In particular, a Member/Creator entitled to receive FANCCI Credits has no right to claim reimbursement of any expenses.

72 The way the Compensation Plan works and how compensation is calculated is described in detail in Appendix I using three examples.

I. BITCCI Share Airdrop Program

73 The first one (1) Million Members and Creators registering to the Website are eligible to receive one thousand (1’000) preferred quota shares of BITCCI Group AG for free as a welcome gift.

74 In order to become a shareholder of BITCCI Group AG and receive the gift, the Member/ Creator a) has to go through the KYC procedure as required by applicable law and b) BITCCI Group AG and to provide the information and documents requested therein. Related cost have to be covered by the applicant. After the KYC procedure has been successfully completed and all related cost have been paid by the Member/Creator, the Member/Creator will be added to the share register of BITCCI Group AG and the respective shares will be transferred to the Member/Creator.

75 It is to be noted that shares of BITCCI Group AG are not available for purchase by retail investors and by gifting shares, BITCCI Group AG does not release any offerings, pricing information or other marketing material to the public. Shares of BITCCI Group AG are given exclusively as a free welcome gift.

J. Termination

1. Termination by the User

76 A User my terminate its User Account at any time by contacting the customer support.

77 Once termination request is duly received by the customer support, access to the User Account will be blocked and access to the Website using the username and password will not be possible anymore. At this stage, termination of the User Account initiated by the User cannot be stopped or reversed.

78 Any FANCCI Credits previously purchased or earned and booked to the User Account at the time of receipt of the termination by the Operator respectively the termination will expire without compensation.

79 Upon termination of the User Account, the Operator has no obligation to maintain or store any content, e-mail or other materials connected to or in the respective User Account. By requesting termination, the User accepts that such information will be irretrievable, subject to applicable law.

2. Termination by the Operator

80 The Operator may, in its sole discretion, terminate or suspend access to all or part of the Website (including the User Account) at any time, with or without notice, for any reason or no reason at all, including, without limitation, illegal, fraudulent and/or abusive behavior and/or violation of these Terms. However, the Operator will only resort to such a drastic measure if, after carefully considering and weighing up all the relevant criteria, he comes to the conclusion that this is an appropriate and proportionate course of action.

81 Any FANCCI Credits previously purchased or earned and booked to the User Account at the time of suspension or termination of the User Account will expire without compensation.

K. Miscellaneous

1. Links to other websites

82 The Website may contain links to other websites operated by independent third parties. The Operator is not responsible for any content or links they provide. Links from the Website to any website is not an endorsement or certification as to the content, opinions expressed thereon or safety or suitability of such a website. By accessing a link to a website you are leaving the Website and access the third-party website at your own risk.

83 Other websites will have their own terms and conditions, privacy policies and procedures and may contain malicious or destructive code, viruses, malware and other tracking cookies. You should ensure that your device is adequately protected. The Operator is not liable to you in any way if you access any third party website using links on the Website.

2. Proprietary information

84 Elements of the Website contain proprietary or confidential information that belong to the Operator. The Operator asserts full copyright protection regarding the Website, including all of the design and code embodied therein. Any information shared or posted by the Operator or a Member/Creator may be protected whether or not it is identified as proprietary.

85 The User is not allowed to modify, copy or distribute any information on the Website without the express written permission of the legal owner of such information and the User may not use any automated means to scrape, download or otherwise collect any data or Content from the Website including, without limitation, robots/bots, crawlers or data mining tools.

3. Limitation of warranties

86 The Website and all the Services and Functions are provided on an "as is" and "as available" basis. The Operator does not warrant that the Website will be uninterrupted or error-free and available 24/7. There may be delays, omissions and interruptions in the availability of the Website.

87 Where permitted by law, the User acknowledges that the Website and the Services and Functions provided via the Website are provided without any warranty of any kind whatsoever including but not limited, to the implied warranty of merchantability or fitness for a particular purpose nor does the Operator makes any warranty as to the results that may be obtained from the use of the Website or as to the accuracy or the reliability of the Services or Functions provided via the Website or any information obtained through the Website.

88 The User understands and agrees that any use he makes of any Content provided via the Website or otherwise obtained trough accessing the Website is at its own discretion and risk and that the User will solely be responsible for any damage to his access device or loss of data that results from accessing the Website.

89 The Operator does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Website. The User acknowledges that any reliance upon any such opinion, advice, statement or information shall be at his sole risk. The Website may contain errors, omissions or other outdated information. The Operator herewith reserves the right to correct such errors. In case of any questions, or in case of any type of error, please contact the Operator at support [at] fancci.com.

4. Indemnification

90 The User hereby agrees to indemnify the Operator or his employees or advisors for any and all claims and losses, whether actual or threatened, with respect to any claim relating to or arising out of the use of the Website.

5. Limitation of Liability

91 Where permitted by law, the Operator will not be responsible for any lost profits, revenues, financial losses, special, indirect consequential or punitive damages except were caused by the gross negligence or willful misconduct.

92 To the fullest extent permitted by law, the liability of the Operator will not exceed, in the aggregate, the less of any unused FANCCI Credits that have been purchased or the sum of CHF 250. In all instances, the Operator will not be liable for any loss or damage that are not reasonably foreseeable.

6. Complaints

93 To resolve or to report a complaint regarding the Website or other Users, please send an e-mail detailing your complaint to support [at] fancci.com. In appropriate circumstances, the Operator will take immediate action to help resolve the problem. The User agrees that, in attempting to resolve any complaint, the Operator is entitled, in his sole and exclusive determination, to share the complaint, in part or in whole, with other individuals involved and/or otherwise implicated in the complaint.

7. Choice of Law

94 These Terms are exclusively governed by the Laws of Switzerland.

8. Entire Agreement

95 These Terms (and any documents referenced herein) represent the entire agreement between the Operator and the User. To the extent that there is a conflict between these Terms and any other policy, these Terms will control except where expressly stated to the contrary.

9. Severability

96 These Terms are severable. If any provision or portion of these Terms is held to be invalid or otherwise unenforceable, such provision or portion shall be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, or if legally impossible, such provision or portion shall be ineffective only to the extent of such invalidity, and the remainder of these Terms will continue in full force and effect. If any provision or portion of these Terms may be construed in two or more ways, one of which would render the provision invalid or otherwise voidable or unenforceable and another of which would render the provision valid and enforceable, such provision will have the meaning that renders it valid and enforceable.

APPENDIX I