Terms of Service

1. Nature of This Website

Fund My Yacht ("the Site," "we," "us," "our") is a satire, performance art, and social commentary project. The Site provides no product, no service, no utility, and no deliverable of any kind. The Site is not a charity, nonprofit, investment opportunity, or commercial enterprise. The Site exists solely as a transparent experiment in voluntary digital gifting and internet culture.

2. Voluntary Gifts

All cryptocurrency transfers made through the Site are voluntary, unconditional, and irrevocable personal gifts to the Site operator ("Operator"). By sending funds, you acknowledge and agree that:

• You are making a voluntary gift of your own free will
• No consideration, product, service, reward, or benefit of any kind is provided in exchange
• Your gift is not tax-deductible and does not qualify as a charitable donation under any jurisdiction's tax laws
• You have no expectation of receiving anything in return, other than optional, temporary placement on a public leaderboard
• The Operator may use the gifted funds at their sole and absolute discretion for any lawful purpose
• The Operator owes no fiduciary duty, accounting obligation, or reporting requirement to you regarding the use of gifted funds

3. Irreversibility of Transactions

All blockchain transactions are final, permanent, and irreversible by their fundamental technological design. The Operator:

• Cannot reverse, refund, return, or cancel any on-chain transaction
• Will not issue refunds in cryptocurrency, fiat currency, or any other form
• Is not responsible for transactions sent to incorrect addresses, with incorrect amounts, or with excessive gas fees
• Is not responsible for failed, pending, or stuck transactions

You acknowledge that you understand how blockchain transactions work and accept full responsibility for any transaction you initiate.

4. No Investment or Security

Nothing on this Site constitutes or should be construed as:

• An offer to sell or solicitation of an offer to buy any security, token, equity, debt instrument, or financial product
• An investment opportunity with any expectation of profit, return, or appreciation
• A security as defined under the Securities Act of 1933, the Securities Exchange Act of 1934, or any state or international securities law
• An instrument subject to the Howey Test (there is no investment of money in a common enterprise with a reasonable expectation of profits derived from the efforts of others — the Operator explicitly promises nothing)
• A token sale, initial coin offering (ICO), initial DEX offering (IDO), or any form of crowdfunding with expected returns

5. No Fiduciary Duty

The Operator owes no fiduciary duty of any kind to any user, donor, visitor, or third party. There is no trust relationship, agency relationship, partnership, joint venture, or employment relationship between the Operator and any user. The Operator has no obligation to:

• Use funds for any stated or implied purpose, including purchasing a yacht
• Provide updates on fund usage
• Act in the best interest of donors
• Maintain the Site or leaderboard indefinitely

6. Eligibility

By using the Site, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater
• You have the legal capacity to enter into a binding agreement
• You are not located in, organized in, or a resident of any country or territory subject to comprehensive sanctions by the United States (including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine)
• You are not listed on, or owned or controlled by any person listed on, the U.S. Treasury Department's Specially Designated Nationals and Blocked Persons List (SDN List), the EU Consolidated Financial Sanctions List, or any similar sanctions list maintained by any government authority
• Your use of the Site and any transactions comply with all applicable laws, regulations, and rules in your jurisdiction

7. User-Submitted Messages

Users who donate may optionally submit a text message ("Pinned Message") for public display on the Site leaderboard. By submitting a Pinned Message, you:

• Grant the Operator a perpetual, irrevocable, worldwide, royalty-free, transferable license to display, reproduce, modify, and distribute your message in any medium
• Acknowledge that your message will be publicly displayed alongside your wallet address
• Represent that your message does not contain hate speech, credible threats, doxxing (disclosure of private information), illegal content, impersonation of real individuals, child exploitation material, or content that violates applicable law
• Acknowledge that the Operator reserves the right to remove, modify, or refuse to display any message for any reason, at any time, without notice or refund
• Acknowledge that there is no expectation of permanence — messages may be removed or the Site may be discontinued at any time
• Accept sole responsibility and liability for the content of your message

8. Intellectual Property

All content on the Site — including but not limited to text, copy, design, graphics, layout, user interface, code, and branding — is owned by the Operator and protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any Site content without prior written permission.

9. Disclaimer of Warranties

THE SITE AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY.

The Operator does not warrant that:

• The Site will be available, uninterrupted, secure, or error-free
• Smart contracts will function as intended or be free of bugs or vulnerabilities
• The leaderboard data will be accurate or up-to-date
• Any information on the Site is accurate, complete, or current

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, CRYPTOCURRENCY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF THE THEORY OF LIABILITY.

THE OPERATOR'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SITE SHALL NOT EXCEED ZERO DOLLARS ($0.00 USD).

This limitation applies to, without limitation:

• Loss of cryptocurrency due to smart contract bugs, exploits, or vulnerabilities
• Loss due to sending funds to an incorrect address
• Loss due to gas fees, network congestion, or failed transactions
• Emotional distress, offense, or psychological impact from reading the Site's content
• Loss of expected leaderboard placement or message display
• Regulatory action taken against you for using the Site
• Tax liability arising from your gifts

11. Indemnification

You agree to indemnify, defend, and hold harmless the Operator and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the Site
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Content you submit through the Site
• Any dispute between you and a third party related to the Site

12. Cryptocurrency Risk Acknowledgment

By using the Site, you acknowledge and accept the following risks inherent to cryptocurrency:

• Volatility: Cryptocurrency values can fluctuate dramatically. The fiat-equivalent value of your gift at the time of donation may be substantially different from its value at any later time.
• Gas fees: You are solely responsible for all network transaction fees ("gas fees"). These fees are paid to network validators, not to the Operator.
• Smart contract risk: Smart contracts are experimental software. They may contain bugs, vulnerabilities, or exploits that could result in the loss of funds. The Operator makes no guarantee regarding smart contract security.
• Regulatory risk: Cryptocurrency regulation varies by jurisdiction and may change. You are responsible for compliance with all applicable laws in your jurisdiction, including but not limited to tax reporting obligations.
• Wallet security: You are solely responsible for the security of your cryptocurrency wallet, private keys, and seed phrases. The Operator has no access to your wallet and cannot recover lost or stolen funds.
• Network risk: Blockchain networks may experience congestion, forks, outages, or other disruptions that could affect transactions.

13. Tax Obligations

You are solely responsible for determining and fulfilling any tax reporting obligations that may arise from your use of the Site, including but not limited to:

• Gift tax obligations in your jurisdiction
• Capital gains or losses realized from converting cryptocurrency to fiat for the purpose of gifting
• Any reporting requirements related to cryptocurrency transactions

The Operator does not provide tax advice and is not responsible for your tax compliance. Consult a qualified tax professional in your jurisdiction.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Mandatory Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Site shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, or at a location mutually agreed upon by the parties.

Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive your right to participate in a class action lawsuit or class-wide arbitration.

Small Claims Exception: Either party may bring a qualifying individual claim in small claims court.

15. Modifications to Terms

The Operator reserves the right to modify, amend, or replace these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Your continued use of the Site after any changes constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to stop using the Site.

16. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Operator regarding the Site and supersede all prior or contemporaneous agreements, understandings, representations, and warranties.

18. No Waiver

The failure of the Operator to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Operator.

19. Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without the Operator's prior written consent. The Operator may assign its rights and obligations under these Terms without restriction.

20. Contact

For questions regarding these Terms, contact: [email protected]