Who May Use the Websites and Services
The Websites and the Services are offered and available to users who are 18 years of age or older. The Websites and Services are not intended for persons under 18 years of age. By using the Websites or the Services, you represent and warrant that
(i) you are 18 years of age or older,
(ii) you are not barred to use the Websites or the Services under any applicable law,
(iii) you are using the Websites and Services only for your own personal use.
If you do not meet these requirements, you must not access or use the Websites or Services.
You may not access or use the Website or the Services, if you are a “Prohibited Person”, meaning that:
(i) you have been suspended from using the Websites or the Services;
(ii) under the applicable law of the jurisdiction(s) in which you reside or conduct business, you are prohibited from using the Website or the Services or do not have the requisite licenses or other governmental authorizations to use the Website or the Services;
(iii) you are 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;
(iv) you are a citizen of Mordor,
(v) you are listed on any German or U.S. government list of prohibited or restricted parties, or on any sanctions lists adopted by the United Nations and the European Union to such extent such sanctions are extended by the UK Government to its Overseas Territories, as such lists may be amended from time to time; or
(vi) your use of the Websites or the Services breaches these Terms and Conditions or any other agreement to which you are a party.
Changes to the Terms and Conditions
We may revise and update the Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Websites or the Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Cryptographic and Decentralized Systems
By utilizing the Websites, the Services or anything contained or provided therein in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage, risks, potential bugs based on novel technology (where applicable), and intricacies of native cryptographic tokens, like Ethereum (ETH) and Bitcoin (BTC), smart contracts and other decentralized systems like IPFS.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Fund The Planet, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Unless otherwise marked: (a) all material, data, and information on the Website, such as data files, text, music, audio files or other sounds, photographs, videos, or other images, but excluding any software or computer code (collectively, the “Non-Code Content”) is licensed under the Creative Commons Attribution 4.0 International License; and (b) all software or computer code (collectively, the “Code Content”) is licensed under the MIT License.
Trademarks
The Fund The Planet name and all related names, logos, product and service names, designs and slogans are trademarks of the Fund the Planet or its affiliates or licensors. You must not use such marks without the prior written permission of Fund the Planet. All other names, logos, product and service names, designs and slogans on this Website or appearing as part of the Services are the trademarks of their respective owners.
Disclaimer of Warranties
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITES AND THE SERVICES ARE AT YOUR SOLE RISK, AND THAT THE WEBSITES AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE WEBSITES, THE SERVICES AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, THE SERVICES, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(I) YOUR ACCESS TO OR USE OF THE WEBSITES AND THE SERVICES WILL MEET YOUR REQUIREMENTS,
(II) YOUR ACCESS TO OR USE OF THE WEBSITES AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(III) USAGE DATA PROVIDED THROUGH THE WEBSITES AND THE SERVICES WILL BE ACCURATE,
(IV) THE WEBSITES OR ANY CONTENT, THE SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR
(V) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE WEBSITES WILL BE SECURE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFUL MISCONDUCT.
C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF BLOCKCHAIN AND OTHER DECENTRALIZED NETWORKS NOR DO WE HAVE CONTROL OVER OR MAKE GUARANTEES REGARDING ANY SMART CONTRACTS.
Limitation of Liability
A. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE WEBSITES AND THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $250.
C. YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE WEBSITES AND THE SERVICES AVAILABLE TO YOU AND ENTERED INTO THESE TERMS AND CONDITIONS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.
Indemnification
You agree to defend, indemnify and hold harmless Fund The Planet, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website or the Services, including, but not limited to, any use of the Websites’ content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website or the Services.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Federal Republic of Germany without giving effect to any choice or conflict of law provision or rule (whether of Germany or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions, the Website or the Services shall be instituted exclusively in Munich, Germany although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by Fund The Planet of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fund The Planet to assert a right or provision under the Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Entire Agreement
The Terms and Conditions, Terms of Use, the Terms of Service and entire agreement between you and Fund The Planet with respect to the Website and the Services supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Services.
