Last revised: August 21, 2022
econation is a digital ecosystem founded and created by the fortunate planet ag in collaboration with its affiliates and partners.
the fortunate planet ag
By agreeing to these Terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms, you must not access or use the Site.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ECONATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
SMART CONTRACT ENABLED
A econation NFT is a non-fungible Ethereum-based token (“NFT”) that uses smart contracts on the Ethereum blockchain (“Smart Contracts”). The Ethereum blockchain provides an immutable ledger of all transactions that occur on the blockchain. This means that all econation NFTs are outside of the control of any one party, including TFP, and are subject to many risks and uncertainties. TFP neither owns nor controls MetaMask, WalletConnect, the Ethereum network, your browser, or any other third party site, product, or service (including third party wallets or marketplaces) that you might access, visit, or use for the purpose of enabling you to use the Services or to purchase, list, auction, or sell econation NFTs (“Transaction”), and that, except with respect to transferring control of a econation NFT to the initial purchaser through the Services (“Initial Purchaser”), TFP has no responsibility with respect to any Transaction. TFP will not be liable for the acts or omissions of any third parties, nor will TFP be liable for any damage that you may suffer as a result of your Transactions or any other interaction with any third parties. You understand that your Ethereum public address will be made publicly visible whenever you engage in a Transaction. Aside from transferring control of the econation NFT to the Initial Purchaser, TFP has no control over the transfer, storage, ownership or maintenance of the econations NFT.
CHANGES TO THE SERVICES
TFP reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that TFP will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, including in relation to any econation NFT.
A Collector (as defined below) of a econation NFT may receive special perks, experiences, or opportunities as determined by TFP in its sole discretion (“Perks”) after the econation NFTs are first made available for sale (i.e., dropped) by TFP. TFP does not make any representation, warranty or guarantee that any Collector will receive any Perks or achieve any particular outcome as a result of owning any econation NFT. TFP reserves the right, at its sole discretion, to restrict, limit, or deny any Perks to any Collector, including to limit the period of time when a Perk is available, for for failure to comply with these Terms, at any time. Perks are not intended to be an endorsement of any project, creator, NFT, individual or any other thing, and TFP makes no recommendation and provides no investment advice in connection with any Perks or otherwise as a result of holding or owning a econation NFT.
CONNECTING YOUR WALLET
In order to access and use the Services, including to engage in a Transaction, you must have and connect your digital wallet supported on MetaMask, WalletConnect or other wallet extensions or gateways as allowed on the Services (“Wallet”). Wallets allow you to purchase, store, and engage in transactions using the native Ethereum cryptocurrency, ETH. When you link your Wallet, you understand and agree that you are solely responsible for maintaining the security of your Wallet and your control over any wallet-related authentication credentials, including any seed phrase or private cryptocurrency keys, as well as NFTs or cryptocurrencies that are stored in or are accessible through your Wallet. Any unauthorized access to your Wallet by third parties could result in the loss or theft of econation NFTs and/or other assets held in your Wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). TFP is not responsible for managing and maintaining the security of your Wallet. TFP has no responsibility or liability to you for any unauthorized access to or use of your Wallet or if you are unable to locate your credentials.
SALE OF econation NFT
When each econation NFT is sold for the first time, the agreement for sale is between TFP and the Initial Purchaser. If the Initial Purchaser decides to sell a econation NFT (“Secondary Sale”), then TFP is not a party to any agreement between the applicable buyer, seller, or facilitator of the Secondary Sale.
By placing an order on the Site or through the Services (including by bidding in an auction), you agree that you are submitting a binding offer to purchase a econation NFT, you agree to pay all applicable fees associated with the Transaction, and you authorize TFP to automatically charge and collect such fees from your payment instrument or Wallet. If you are an Initial Purchaser, then all amounts due are to be paid to TFP. If you are not the Initial Purchaser of a econation NFT, then amounts may be paid to the seller of such econation NFT.
No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
You are responsible for any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Services, Perks or econation NFTs (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, or sale of a econation NFT).
TFP INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by TFP, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part. Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited.
TFP’s name and logos, including the terms TFP, econation, as well as the Design of virtual land are trademarks and service marks of TFP (collectively the “TFP Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TFP. All of these rights are expressly reserved in the name of TFP and/or its affiliates. Nothing in these Terms or the Services should be construed as granting or waiving, by implication, estoppel, or otherwise, any license or right to use any of TFP Trademarks or, other than the copyrights to the Art (as set forth below), any other intellectual property of TFP, without TFP’s prior written permission in each instance. All rights in such intellectual property are reserved by TFP and/or its affiliates, and all goodwill generated from the use of TFP Trademarks will inure to our exclusive benefit.
You are not permitted to use TFP Trademarks without express, written permission. You agree that you will not use or seek to register any TFP names, brands, TFP Trademarks or confusingly similar variations, or other trademark for any purpose without obtaining our prior written consent. Such approval shall be in TFP’s entire and sole discretion. Nonresponse to a request for such approval shall not be deemed an approval.
NO PROFESSIONAL ADVICE; TRANSACTION RISKS
The information on this Site and any information provided in connection with the Services or Perks are provided to econation NFT owners only and for information only and do not constitute, and should not be construed as, professional advice or a recommendation to purchase, sell, trade, or otherwise transact in any digital asset including any products or services or an invitation, offer or solicitation to engage in any purchase, sale, trade, or other transaction with respect to any digital asset.
The information on this Site and any information provided in connection with the Services or Perks provided to econation NFT owners are provided solely on the basis that you will make your own transaction decisions, and econation does not take account of any person’s financial or other objectives, particular needs, or financial situation. In addition, nothing on this Site or any information provided in connection with the Services or Perks provided to econation NFT owners shall, or is intended to, constitute financial, legal, accounting or tax advice. It is strongly recommended that you seek professional advice before making any transaction decision. Any decision that you make should be based on an assessment of your risks in consultation with your professional adviser(s).
The digital assets about which information is provided on the Site and any information provided in connection with the Services or Perks provided to econation NFT owners are not viewed by the issuer or sponsor of any such digital assets, or those buying or selling the digital asset, as securities under swiss laws or relevant applicable laws. As a result, it is unlikely that fulsome disclosures from the issuer or sponsor, or any executive officer associated with the digital asset or related protocol have been provided, and others may have better or more information than the information made available to you via the Site, or any information provided in connection with the Services or Perks provided to econation NFT owners or to which you may independently have access.
There are risks associated with purchasing and holding digital assets. Loss of the full amount of the purchase price is possible. Volatility is highly likely, and some of the protocols and platforms may fail entirely due to forking, flaws in the code, hacking or other malicious attacks.
THESE TERMS DO NOT REPRESENT A COMPLETE STATEMENT OF RISK FACTORS ASSOCIATED WITH THE DIGITAL ASSETS OR PRODUCTS OR SERVICES THAT MAY BE VIEWED OR TRACKED ON THIS SITE OR THAT MAY BE FEATURED OR DISCUSSED IN CONNECTION WITH THE SERVICES OR PERKS FOR ECONATION NFT COLLECTORS. YOU SHOULD CONSIDER THESE RISK WARNINGS CAREFULLY AND TAKE APPROPRIATE ADVICE BEFORE TAKING ANY DECISION TO PURCHASE, SELL, TRADE OR OTHERWISE TRANSACT IN A DIGITAL ASSET.
Please note the following risks in accessing, purchasing, selling or using econation NFTs: The price and liquidity of blockchain assets, including econation NFTs, are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect econation NFTs, which may also be subject to significant price volatility. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of econation NFTs. Econation NFTs are not legal tender and are not backed by any government. Transactions of econation NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some Transactions of econation NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the Transaction. The value of econation NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for econation NFTs, which may result in the potential for permanent and total loss of value of a particular econation NFT.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding econation NFTs, including the suitability and appropriateness of, and investment strategies for, econation NFTs. You agree and understand that you access and use the Services, econation NFTs, Art, and Perks at your own risk; however, this brief statement does not disclose all of the risks associated with econation NFTs and other digital assets. You agree and understand that econation will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using econation NFTs, however caused.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES, ECONATION NFTs, ART AND PERKS IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PROOF, THE SERVICES, PERKS, SERVICES CONTENT, AND ANY AND ALL ECONATION NFTs AND ART ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TFP AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, REPRESENTATIVES, DIRECTORS AND AGENTS (COLLECTIVELY, “REPRESENTATIVES”) MAKE NO WARRANTY THAT (I) THE SERVICES, ECONATION NFTS, ART OR PERKS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES, ECONATION NFTS, ART OR PERKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, ECONATION NFTS, ART OR PERKS WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY SERVICES, ECONATION NFTS, ART OR PERKS, OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, ECONATION NFTS OR PERKS WILL MEET YOUR EXPECTATIONS.
TFP AND ITS AFFILIATES AND ITS AND THEIR REPRESENTATIVES WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICES, ECONATION NFTs, ART OR PERKS. TFP DOES NOT REPRESENT OR WARRANT THAT SERVICES CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
TFP NFTs ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT TFP CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY ECONATION NFT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TFP OR ITS AFFILIATES OR ITS OR THEIR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, THE SERVICES, SERVICES CONTENT, ECONATION NFTs, ART, PERKS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, THE SERVICES, SERVICES CONTENT, ECONATION NFT, ART, PERKS 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.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF TFP OR ITS AFFILIATES OR ITS OR THEIR REPRESENTATIVES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SITE, THE SERVICES, SERVICES CONTENT, ECONATION NFT, ART OR PERKS EXCEED $100.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, ECONATION NFTs, ART OR PERKS OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless TFP and its affiliates and its and their Representatives (collectively, the “Indemnitees”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing 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 Site, the Services, Services Content, econation NFTs, Art or Perks, (b) your violation of these Terms, or (c) your violation of the rights of a third party, including another User. You agree to promptly notify TFP of any third party Claims and cooperate with the applicable Indemnitee in defending such Claims. You further agree that the Indemnitees shall have the right to control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.
You agree that TFP, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services or Perks and remove and discard any content within the Services, including the ability remove you from the econation NFT allow list, for any reason, including, without limitation, for lack of use or if TFP believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services or Perks may be referred to appropriate law enforcement authorities. TFP may also in its sole discretion and at any time discontinue providing the Services or Perks, or any part thereof, with or without notice. You agree that any termination of your access to the Services or Perks under any provision of these Terms may be effected without prior notice, and acknowledge and agree that TFP may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services or Perks. Further, you agree that TFP will not be liable to you or any third party for any termination of your access to the Services or Perks.
DISPUTES WITH OTHER USERS OR COLLECTORS
You agree that you are solely responsible for your interactions with any other Users and Collectors in connection with the Services, econation NFTs, Art or Perks, and TFP will have no liability or responsibility with respect thereto. TFP reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User or Collector.
You may not assign the Terms without the prior written consent of PROOF, but PROOF may assign or transfer these Terms, in whole or in part, without restriction.
These Terms will be governed by the laws of the State of Switzerland without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and TFP submit to the personal and exclusive jurisdiction of the state.
These Terms constitute the entire agreement between you and TFP and govern your use of the Services, econation NFTs, Art and Perks, superseding any prior agreements between you and TFP with respect thereto. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. The failure of TFP to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, any econation NFT, Art, any Perks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. TFP may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.