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BOKI TERMS & CONDITIONS

Boki is a collection of digital artworks (NFTs) running on the Ethereum network that can be purchased through OpenSea, LooksRare and X2Y2 pursuant to their individual terms and conditions.

This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving Boki digital collectibles.

We may make changes to these terms at our discretion. Please check these terms periodically for changes. Any changes to these terms will apply on the date that they are made, and your continued access or use after the terms have been updated will constitute your acceptance of the updates. If you do not agree to any of the Terms, do not access or use this site.

1. Ownership

A. NFT. Each Boki is an NFT on the Ethereum blockchain. When you purchase an NFT, you are purchasing the underlying Boki artwork. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network. At no point may we reclaim or otherwise modify the ownership of any Boki NFT.

B. Use of the Artwork. Subject to your continued compliance with these Terms, Diverge Studios, LLC grants you a worldwide, royalty-free license to use, copy, and display your Boki artwork, solely for the following purposes:

(i) for your own personal, non-commercial use;

(ii) as part of a marketplace that permits the purchase and sale of your Boki / NFT, provided that the marketplace cryptographically verifies each Boki owner’s rights to display the artwork for their Boki NFT to ensure that only the actual owner can display the artwork;

(iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Boki NFT, provided that the website/application cryptographically verifies each Boki NFT owner’s rights to display the artwork for their Boki NFT to ensure that only the actual owner can display the artwork, and provided that the artwork is no longer visible once the owner of the Boki NFT leaves the website/application; or

(iv) for the purpose of creating derivative works based upon the Boki artwork (“Commercial Use”). Examples of such use would be the use of the Boki artwork to produce and sell merchandise products (T-Shirts, coloring books).

C. Diverge Studios, LLC IP. Other than the above rights related to the Boki artwork, nothing herein gives you any rights to any trademarks or other intellectual property rights belonging to Diverge Studios, LLC, including, without limitation, to BOKI and the associated logos. All of these rights are expressly reserved by Diverge Studios, LLC.

2. Risk Assumption

You accept and acknowledge each of the following:

A. To the extent that you sell your Boki NFT, be aware that the prices of NFTs, like many collectables, are volatile. Fluctuations in the prices of other NFTs may impact the price of your Boki NFT both positively and negatively. Given this volatility, NFTs should not be considered an investment.

B. Ownership of a Boki NFT confers ownership of digital artwork only. Accordingly, no information on this site (or on any other of our materials) is advice or an invitation to enter into an agreement for any investment purpose. Further, nothing on this site is or is intended to be an offering of securities in any jurisdiction, nor does it constitute an offer or an invitation to

purchase shares, securities or other financial products. Due to the artistic nature of the project, The World of Boki has not been registered with or approved by any regulator in any jurisdiction. It remains your sole responsibility to assure that the purchase of the Boki NFT is in compliance with laws and regulations in your jurisdiction.

C. You assume all 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.

D. You assume all responsibility for any adverse effects of disruptions or other issues impacting Ethereum or the Ethereum platform.

E. NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your Boki NFT. You understand and accept all risk in that regard.

3. Disclaimers

A. 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.

B. As Boki smart contracts run on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.

C. We will not be responsible or liable to you for any losses you incur as the result of your use of the Ethereum network. Nor do we have control over or make any guarantees regarding any smart contracts.