10. RESPONSIBILITIES AND ASSUMPTION OF RISKS
10.1 Assumption of risks: The User understands that the use of the Services involves significant risks, all of which the User fully and completely assumes, including, but not limited to, the risks set forth in this section.
The User confirms that it has sufficient technical understanding of Digital Assets, distributed ledger-based protocols, smart contracts, distributed networks, Digital Asset storage mechanisms, and distributed ledger and blockchain technology in general to understand the terms of this Terms and to appreciate the risks and implications using the Services.
10.2 Blockchain and Indexers: The User acknowledges that the transfer of Digital Assets is dependent on the Blockchain and/or protocols of Indexers, which Doge Labs cannot influence. In the absence of control and influence, Doge Labs is therefore not responsible for the existence, security or maintenance of the Blockchain and/or Indexer protocols. The Blockchain and/or Indexers protocols, on which the Digital Assets are based, may include coding or other errors or otherwise not function as intended,
The User is aware that the Blockchain and/or Indexer protocols can be changed and upgraded without Doge Labs being able to intervene. Updates or changes to the Blockchain and/or Indexer protocols may have unintended adverse effects on the use of the Services and Digital Assets. Updates can change the way in which the Blockchain works and thus the way in which the Services work. In addition, the network, and thus the Blockchain, may split (hard fork). A hard fork means that some of the operators on the network have installed the update and some of the operators do not accept the update. After such a hard fork, the network splits to create two versions of the Blockchain. Then the Digital Asset's owners essentially own it on both the original and the updated version of the Blockchain. Updates can thus have an impact on a Digital Asset's price performance and lead to the Digital Asset being partially or completely lost.
Indexers operate independently from each other. There is no common consensus or criteria agreed between Indexers on the tracking of Digital Assets. Indexers do neither form nor operate a distributed ledger. Therefore, Doge Labs cannot assume any guarantee or warranty, that all Indexers assign the ownership of Digital Assets in their protocols congruent with the Doge Labs Indexer and/or as listed on the Platform.
10.3 PSDT and Transactions: The execution of Transactions does not take place within an environment provided, operated or monitored by Doge Labs but via the User's Wallet. Doge Labs has no influence over whether the Blockchain, Indexer protocols, Digital Assets and systems built upon the Blockchain will function without errors or failures or will continue to exist in their current form, which may negatively affect the use of the Services and/or the Digital Assets. Doge Labs cannot make any corrections or influence the Transactions or return Digital Assets to the User.
10.4 Transaction Fees: Transaction Fees can fluctuate considerably and may be incurred for any Transactions executed by the User. Paying a higher or lower Transaction Fee can affect the speed of the Transaction. This may temporarily or permanently limit the possibility of Transactions, resulting in a loss of the Digital Asset.
10.5 Theft and hacking: The Services, Digital Assets, Indexer protocols or the Blockchain may become the target of malicious cyberattacks or may contain exploitable flaws in their underlying code, which may result in security breaches. If the Digital Assets, Wallets, Indexer protocols and/or the Blockchain's security is compromised or if the Digital Assets, Wallets and/or the Blockchain are subjected to attacks that frustrate or thwart Users’ ability to access and use the Services, Users may cut back on or stop using the Services altogether. The User's Digital Assets, may be subject to expropriation and/or theft. Furthermore, if Wallets, Indexers or other components may be released as open-source software, hackers or other individuals may uncover and exploit intentional or unintentional bugs or weaknesses, which may negatively affect the Services, the Blockchain, Indexer protocols or the Digital Assets. Hackers or other malicious groups of organizations may also attempt to get access to the User's Wallet or its Wallet Access Data, which would result in the loss of Digital Assets or the loss of the User's ability to access or control the Digital Assets.
10.6 Compliance with Applicable Law: Doge Labs does not assume any responsibility for the use of the Services and/or the listing, sale or purchase of Digital Assets by the User, in particular not for its compliance with Applicable Laws. The User is responsible for compliance with Applicable Law concerning its use of the Services and/or the listing, sale or purchase of Digital Assets. Changes in regulatory requirements may result in access to a Blockchain, Digital Assets or the Services being restricted. These and other restrictions may – as Doge Labs cannot yet be aware of them – mean that Users are no longer able to gain access to the Digital Assets; as a result, the latter might lose financial value or suffer a complete loss of value.
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