Terms of Service
Last revised on Sep. 6, 2022
These terms of service (these “Terms”) have been established by OnePlanet to govern your use of the OnePlanet website and services that we provide (the “Service”), including but not limited to view, explore, and create (aka “mint”) NFTs and use our tools, at your own discretion, to connect directly with others to purchase, sell, or transfer NFTs on public blockchains. These Terms also include any guidelines, announcements, additional terms, policies, and disclaimers made available or issued by us from time to time. These Terms constitute a binding and enforceable legal contract between OnePlanet and its affiliates or associated entities and you. By accessing, using, or clicking on our website (and all related subdomains) or its mobile applications (the “Website”) By engaging in or undertaking any of the aforementioned activities, you will be deemed to be a “User” who is legally bound by these Terms.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR WEBSITE AND SERVICE FOR THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 11 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.
BY CLICKING TO ACCEPT AND/OR USE OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICE.
For any feedback such as questions, complaints, or claims with respect to these Terms or our Website, please contact us at [email protected].
1. About OnePlanet
OnePlanet is a peer-to-peer web3 marketplace platform where users, including non-fungible token (“NFT”) creators, sellers, and collectors may freely purchase, sell, or transfer NFTs using smart contracts. Our Services facilitate interactions with the protocols and blockchains and you may participate in the Services by linking your digital wallet(s) on supported bridge extensions, which allows you to purchase, store, and engage in transactions using Polygon cryptocurrency.
Before putting up your unique digital asset for sale or putting in an offer to purchase a unique digital asset from another user, we will ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension.
Once you submit an order to sell or purchase a unique digital asset, your order is passed on to the applicable extension, which completes the transaction on your behalf to trade with an NFT or a token such as MATIC, you must have the adequate assets deposited into your wallet balance.
Any purchases from the Website will be done through smart contracts on a blockchain using a wallet compatible with Polygon. Any financial transactions that you engage in will be conducted solely through blockchain via a wallet. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Website, or any other transactions that you conduct via the Polygon network.
Polygon requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the network. This means that you will need to pay a Gas Fee for each blockchain transaction that occurs via the Website. In addition to the Gas Fee, OnePlanet might implement the collection of a charge or commission each time you conduct a transaction via the Website (“Commission”), such Commission might be a percentage of the total value of that transaction and/or a fixed fee as solely determined by OnePlanet. In such cases, you acknowledge and agree that the Commission will be transferred directly to us as a part of the transaction.
ONEPLANET IS NOT A WALLET PROVIDER, BROKER, FINANCIAL INSTITUTION, OR CREDITOR. TO USE OUR SERVICE, YOU MUST USE A THIRD-PARTY WALLET WHICH ALLOWS YOU TO ENGAGE IN TRANSACTIONS ON BLOCKCHAINS. ONEPLANET IS NOT PARTY TO ANY AGREEMENT BETWEEN ANY USERS. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF NFTS THAT YOU PURCHASE FROM THIRD-PARTY SELLERS USING THE SERVICE AND WE MAKE NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, FUNCTIONALITY, OR AUTHENTICITY OF USERS OR NFTS (AND ANY CONTENT ASSOCIATED WITH SUCH NFTS) VISIBLE ON THE SERVICE.
3. Third-Party Services
The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”) that are not owned or controlled by OnePlanet. When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of OnePlanet.
OnePlanet makes no representations and warranties arising out of or pertaining to your use of the Third-Party Websites, Applications or Materials, and services they provide.
OnePlanet has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third -Party Websites, Applications, or Materials. You further acknowledge and agree that OnePlanet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and privacy policies of any Third-Party Websites or Applications that you visit.
4. Representations and Warranties of User
User represents, warrants, and agrees that:
(1) If User is an individual, User is of legal age in the jurisdiction in which User resides (and in any event is older than thirteen years of age) and is of sound mind.
(2) If User is a business entity, User is duly organized, validly existing and in good standing under the laws of the jurisdiction in which it is organized and has all requisite power and authority for a business entity of its type to carry on its business as now conducted or use the Service provided by OnePlanet.
(3) User has all requisite capacity, intelligence, power and authority to accept the terms and conditions of these Terms and to carry out and perform its obligations under these Terms. These Terms constitute a legal, valid and binding obligation of User enforceable against User in accordance with its terms.
(4) Your use of the Services is not prohibited by applicable law, and at all times compliant with applicable law, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing (“CTF”);
(5) You are not a citizen, resident or domiciliary in a restricted country, nor are you using our Services on behalf of any person or entity from a restricted country
(6) You have not been included in any trade embargoes or economic sanctions list, the list of specially designated nationals maintained by OFAC, or the denied persons or entity list of the U.S. Department of Commerce, nor you have been a subject or target of any other economic sanctions administered or enforced by the United Nations, the European Union or the United Kingdom;
(7) You have not been previously suspended or removed from using our Services;
(8) In using our Website and Service, it is a prohibited conduct to,
a. create or display NFTs or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;
b. use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service;
c. use or attempt to use another user’s Account without authorization;
d. create or list counterfeit items;
e. use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
f. develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
g. reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service;
h. attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
i. use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
j. use data collected from our Service to contact individuals, companies, or other persons or entities;
k. use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
l. bypass or ignore instructions that control all automated access to the Service;
m. use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
n. use the Polygon Platform to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Polygon Platform, or the Service;
o. engage in wash trading or other deceptive or manipulative trading activities;
p. place misleading bids or offers;
q. spam listings for the purpose of causing a listing to appear at the top of the search results, and;
r. engage in behaviors that have the intention or the effect of artificially increasing view counts, favorites, volume, or other metrics that OnePlanet might use to sort search results.
(9) User will not use OnePlanet Marketplace, including the content, in any way that competes with our business, such as, including but not limited to, using the content from OnePlanet Marketplace for the purpose of creating User’s own NFT marketplace business.
(10) There are no legal restrictions preventing Users from entering into these Terms.
(11) All information and documentation that Users provide to us in connection with these Terms is true, correct and complete.
5. Intellectual Property Rights
(1)OnePlanet owns all legal rights, titles and interests in and to all features within the Website. The features, including but not limited to, the graphics, design, systems, methods, information, computer code, software, services, and data, are owned by OnePlanet, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
(2)Except as expressly set forth herein, your use of our Website and Service does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Website. We reserve all rights not expressly granted to you in the Terms. You agree and acknowledge that all content on the Website must not be copied or reproduced, modified, redistributed, used, created for derivative works, or otherwise dealt with for any other reason without being granted a written consent from us.
You expressly agree to grant unlimited rights to OnePlanet to adapt, replicate or make derivative works of any artwork created by you on the Website or with our Services and to advertise, market or display such portfolio for commercial or other purposes.
(1)You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless OnePlanet, and our respective past, present, and future employees, directors, contractors, consultants, suppliers, service providers, parent companies, subsidiaries, affiliates, agents, representatives, successors, and assigns (individually and collectively, the “OnePlanet Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including but not limited to, attorney fees and legal expenses), and costs (including but not limited to, court costs, settlement fees, and costs of processing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, content, NFTs, or content linked to or associated with any NFTs (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or wilful misconduct.
(2)You agree to immediately notify OnePlanet of any Claims and cooperate with OnePlanet Parties in defending such Claims. You further agree that the OnePlanet Parties may have control of the defense or settlement of any Claims.
(3)Your obligations under this indemnification provision will continue even after these Terms have expired or been terminated.
OnePlanet Service within the Website are being provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, OnePlanet is not making, and hereby disclaims, any and all information, statements, omissions, representations and warranties, express or implied, written or oral, equitable, legal or statutory, in connection with the Service and the other matters contemplated by these Terms, including any representations or warranties of title, non-infringement, merchantability, usage, security, uptime, reliability, suitability or fitness for any particular purpose, workmanship or technical quality of any code or software used in or relating to the Service. You acknowledge and agree that use of the Service and Website is at your own risk.
CRYPTO ASSETS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE Polygon NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE Polygon PLATFORM. WE DO NOT GUARANTEE THAT ONEPLANET OR ANY ONEPLANET PARTIES CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY CRYPTO ASSETS.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
8. Assumption of Risk
You accept and acknowledge that:
(1)Use of the Platform, including the creating, buying, or selling trading digital assets, may carry financial risk.
(2)The prices and liquidity of cryptocurrency assets (including any NFTs) are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the NFTs made available through the Services, which may also be subject to significant price volatility.
(3)The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs.
(4)You are solely responsible for determining what, if any, taxes apply to your transactions. OnePlanet is not responsible for determining the taxes that apply to your NFTs.
(5)There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that OnePlanet will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services for transactions, however caused.
(6)A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs.
(7)The Service will rely on third-party platforms such as Metamask to perform the transactions for the sale of digital assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms lose market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
(8)There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. OnePlanet reserves the right to hide or take-down collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on OnePlanet. Under no circumstances shall the inability to view or access your assets on OnePlanet serve as grounds for a claim against OnePlanet.
(9)You understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of digital assets. Such systems may have vulnerabilities or other failures, or other abnormal behavior. OnePlanet is not responsible for any issues with the Blockchains, including forks, technical node issues or any other issues having fund losses as a result.
(10) The cost and speed of transacting with cryptographic and blockchain-based systems such as Polygon are variable and may increase at any time. You further acknowledge the risk that your digital assets may lose some or all of their value while they are supplied to or from the Services.
(11) OnePlanet are not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience while accessing Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using and interacting with the Services.
9. Limitation of Liability
(1)TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL ONEPLANET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, OR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, SSERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ONEPLANET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
(2)TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE TOTAL LIABILITY OF ONEPLANET AND ITS AGENT, REPRESENTATIVES, DIRECTORS, EMPLOYEES AND AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO ONEPLANET FOR USE OF THE SERVICES OR USD $100, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ONEPLANET, AS APPLICABLE.
(3)OnePlanet has no liability to you if it is prevented from or delayed in performing its obligations or from carrying on its Services and business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction.
(4)Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In these jurisdictions, the liability of OnePlanet will be limited to the greatest extent permitted by law.
10. Modification to the Service
OnePlanet reserves the right in its sole discretion to modify, suspend, or discontinue the Service (or any features or parts thereof), temporarily or permanently, at any time and without prior notice or liability as a result.
11. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING CLAUSE CAREFULLY BECAUSE IT CONTAINS CERTAIN PROVISIONS, SUCH AS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHS. THIS CLAUSE REQUIRES THE USER TO ARBITRATE CERTAIN DISPUTE AND CLAIMS WITH ONEPLANET AND LIMITS THE MANNER IN WHICH THE USER CAN SEEK RELIEF FROM ONEPLANET.
(1)You agree that you waive all your respective right(s) to have any and all disputes, controversy, claims, suits, actions, causes of action, demands or proceeding arising from or related to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) and waive all respective right(s) to have any Disputes heard before a court. Instead, you and OnePlanet shall arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
(2)Informal Resolution of Disputes: OnePlanet and you must first attempt to resolve the Disputes informally. Accordingly, neither you nor OnePlanet may start a formal arbitration proceeding for at least thirty (30) days after one party notifies the other party of a claim in writing. Notice to OnePlanet shall be sent by e-mail to OnePlanet at [email protected].
(3)Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the relevant Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
(4)Any claim or dispute arising under the terms of this Agreement will take place on an individual basis without resort to any form of class or representative action, including any class arbitration (“Class Action Waiver”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM. Regardless of anything else in this Agreement to the contrary, the validity and effect of the Class Action Waiver may be determined only by a court or referee and not by an arbitrator. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The Purchaser acknowledges that this Class Action Waiver is material and essential to the arbitration of any disputes between the Parties and is non-severable from the terms of this Agreement.
12. Governing Law
Terms shall be governed by and construed and interpreted in accordance with the laws of British Virgin Islands. irrespective of the choice of laws principles of British Virgin Islands, as to all matters, including matters of validity, construction, effect, enforceability, performance and remedies. Although the Service may be available in other jurisdictions, each User hereby acknowledges and agrees that such availability shall not be deemed to give rise to general or specific personal jurisdiction over OnePlanet in any forum outside British Virgin Islands.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
14. Amendments and Modifications.
These Terms may only be amended, modified, altered or supplemented by or with the written consent of OnePlanet. OnePlanet reserves, the right, in its sole and absolute discretion, to amend, modify, alter or supplement these Terms at any time. The most current version of these Terms will be posted on OnePlanet Website. Any changes or modifications will be effective immediately upon the modified Agreement being posted to OnePlanet Website. A User shall be responsible for reviewing and becoming familiar with any such modifications. A User hereby waives any right a User may have to receive specific notice of such changes or modifications. Use of the Service by a User after any modification of these Terms constitutes a User’s acceptance of the modified terms and conditions. If a User does not agree to any such modifications, a User must immediately stop using the Website.
(1)You agree that OnePlanet, in its sole discretion, may terminate or suspend your access immediately, without prior notice or liability, for any reason without limitation, once you are deemed to have breached this Terms and Conditions.
(2)Upon termination, your right to use our Website will cease immediately.
(3)OnePlanet will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services.
(4)Upon termination of your access to the Services, these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from OnePlanet, including any right or obligation related to the enforcement of laws or the change of control. OnePlanet may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
18. Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
BY MAKING USE OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF ENCRYPTED OR DIGITAL TOKENS OR CRYPTOCURRENCIES WITH A CERTAIN VALUE THAT ARE BASED ON BLOCKCHAIN AND CRYPTOGRAPHY TECHNOLOGIES AND ARE ISSUED AND MANAGED IN A DECENTRALIZED FORM (“DIGITAL CURRENCIES”); (B) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF THE SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES; AND (C) ONEPLANET SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES. AS WITH ANY ASSET, THE VALUES OF DIGITAL CURRENCIES ARE VOLATILE AND MAY FLUCTUATE SIGNIFICANTLY AND THERE IS A SUBSTANTIAL RISK OF ECONOMIC LOSS WHEN PURCHASING, HOLDING OR INVESTING IN DIGITAL CURRENCIES.