Terms of Service
Last update: 04/05/2022One Truth (“One Truth,” “we,” “us,” or “our”) provides its services (described below) and related content to you (“you” or “User”) through its website and platform for NFTs located at onetruthnft.com or/and onetruth.ch (the “Site”), subject to these Terms of Use (as amended from time to time, the “Terms”). The Privacy Policy and all such additional terms, guidelines, and rules as set forth on the Site are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by you. These terms govern your access to and use of this Site, as well as all content, functionality, and services offered on or through the Site, including Perks (as defined below) (collectively, the “Services”). By signing up for an account on the Site, connecting your cryptocurrency wallet (e.g., MetaMask or WalletConnect) to the Services, or otherwise using or accessing the Services, Perks or any of our NFTs, you acknowledge that you have read and agree to these Terms.
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 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.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We will also notify you, either through the Site user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Site will be effective immediately. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new Terms of Use.
Copyright and Ownership
Except as expressly authorized by One Truth, 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.The content and works created by the site operators on these pages are subject to European copyright law. Upon successful transfer of an NFT to your wallet, you own the underlying NFT token as recorded on the applicable blockchain and obtain a limited, transferable CC-BY-NC licence to use the digital file that is associated with that NFT. This limited licence will be transferred to the bona fide purchaser in a secondary sale of your NFT, provided that such purchaser agrees to be bound by those terms. The licence does not grant you or anyone else any other rights. All rights, including all copyrights, not expressly granted to you by the limited licence are reserved to One Truth or its licensors. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. Upon notification of infringements, we will remove such content immediately.
Name Compliance and Limitation of Liability
Participants in minting NFTs agree not use texts that may threaten or promote terrorism or violent extremism or violence or threats or harassment against an individual or group of people, not to use texts that may not use other people's or company's private information, not to use texts that may about sexual violence and/or assault or promote or encourage suicide or other forms of self-harm, not to use texts that are trademarked or any other way protected. In case of a trademark violation the owner of the infringing NFT accepts the sole responsibility of this infringement. One Truth disclaims any liability to third parties.In the event of a breach of these Terms, User agrees that One Truth shall have the sole right to change the name of User's final NFT metadata until such time as the name no longer violates these Terms to the best of One Truth's ability. These modifications cannot be reverted or undone. In case of required moderation because of a violation of these terms the user accepts and confirms to have no right of compensation.
Blockchain & Smart Contract
Our NFTs are non-fungible Ethereum-based tokens that use 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 our NFTs are outside of the control of any one party, including One Truth, and are subject to many risks and uncertainties. We neither own 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 our NFTs (“Transaction”), and that, except with respect to transferring control of our NFTs to the initial purchaser through the Services (“Initial Purchaser”), One Truth has no responsibility with respect to any Transaction. One Truth will not be liable for the acts or omissions of any third parties, nor will we 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 our NFTs to the Initial Purchaser, One Truth has no control over the transfer, storage, ownership or maintenance of our NFTs.Limitations of Liability for Gas, Failed Transactions, Smart Contract Bugs
Participants in minting NFTs agree to hold the project Team harmless for any losses incurred as a consequence of minting an NFT. These potential losses include any gas fees for failed transactions, any excessive gas fees charged due to website or smart contract bugs, and any loss of any NFT due to website or smart contract bugs.No Guarantees of Value & Future Promises
A Collector (as defined below) of one of our NFTs may receive special perks, experience, or opportunities as determined by One Truth in its sole discretion (“Perks”) after the NFTs are first made available for sale (i.e., dropped) by One Truth. One Truth does not make any representation or guarantee that any Collector will receive any Perks or achieve any particular outcome as a result of owning any of our NFTs. One Truth 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 any reason, at any time. Perks are not intended to be an endorsement of any project, creator, NFT, individual or any other thing, and One Truth makes no recommendation and provides no investment advice in connection with any Perks or otherwise as a result of holding or owning our NFT.While the Team has released a roadmap outlining future goals and plans for community development, we cannot guarantee to accomplish every item outlined during the pre-launch planning phase as ideas and projects evolve organically. This and future NFTs were created purely as collectibles, not as investment vehicles or substitutes for cryptocurrency. We make absolutely no promise or guarantee that these NFTs will subsequently retain monetary value in fiat, cash or cryptocurrency.
Connecting your wallet and Links
In order to access and use the Services, including engaging in a Transaction on the Services, you must connect your account to your digital wallet supported on MetaMask, WalletConnect or other wallet extensions or gateways as allowed on the Services. Such digital wallets allow you to purchase, store, and engage in transactions using the native Ethereum cryptocurrency, ETH. When you link your cryptocurrency 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, private or public cryptocurrency keys, non-fungible tokens or cryptocurrencies that are stored in or are accessible through your wallet. Any unauthorized access to your cryptocurrency wallet by third parties could result in the loss or theft of our and others NFTs and/or funds held in your wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). One Truth is not responsible for managing and maintaining the security of your cryptocurrency wallet. One Truth has no responsibility or liability to you for any unauthorized access to or use of your cryptocurrency wallet or if you are unable to locate your credentials. If you notice any unauthorized or suspicious activity in your cryptocurrency wallet that seems to be related to the Services, please notify us immediately.The Site and Services may contain links to other websites and online resources. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
Sale
When each of our NFTs is sold for the first time, the agreement for sale is between One Truth and the Initial Purchaser. If the Initial Purchaser decides to sell a NFT (“Secondary Sale”), then One Truth is not a party to any agreement between the applicable buyer, seller, or facilitator of the Secondary Sale.If you or any owner of our NFT (“Collector”) sells or transfers a NFT to another collector, (a) then you, as Collector, represent and warrant that you will notify the subsequent collector of these Terms and require the subsequent collector to comply with these Terms, (b) the Collector License (as defined below) as set forth herein will automatically transfer to such subsequent collector, and such other collector will be deemed the “Collector” (for purposes of such NFT and the Collector License to the underlying Art (as defined below)) and will be subject to these Terms, and (c) you, as the seller or transferor of such NFT, will cease to have any further rights to such NFT or underlying Art.
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 NFT, you agree to pay all applicable fees associated with the Transaction, and you authorize One Truth 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 One Truth. If you are not the Initial Purchaser of our NFT, then amounts may be paid to the seller of such NFTs.
You acknowledge and agree that One Truth receives 5.0% of every Secondary Sale of one of our NFTs (“Royalty”). One Truth has the right to collect Royalties for One Truth sales in perpetuity. As such, if you sell a NFT on a third-party marketplace, you agree to include a statement substantially similar to the following in the description of the NFT: “5.0% Royalty Applies. By purchasing a NFT, you agree to the Terms of Use located at https://onetruthnft.com/legal/terms
No Refunds
ALL SALES ARE FINAL and are not subject to return. Please carefully review your order prior to submitting. We are not responsible for maintaining or supporting your Digital Wallet, as these are self-custodial wallets to which only you control. You are responsible for ensuring you obtain the correct Digital Wallet for the applicable blockchain where the NFTs are stored (e.g., using Metamask for Ethereum-based NFTs).Taxes
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 NFTs (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, or sale of a NFT).Inaccuracy Disclaimer, no professional advice and transaction risks
From time to time, there may be information on the Sites or other portions of the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.The information on this Site and any information provided in connection with the Services or Perks are provided to 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 NFT owners are provided solely on the basis that you will make your own transaction decisions, and One Truth 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 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 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 U.S. 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 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.
You agree to waive any class action status, and any legal dispute around the project which you may choose to bring can only be done on an individual basis.
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 NFT OWNERS. 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.