Terms of Service
Please read these Terms of Service (this “Agreement”) carefully. Your use or access of the Site or the Smart Contracts (as defined below) constitutes your consent to this Agreement.
This Agreement is between you (the “User” and collectively with others using the Site - “Users”) and Blockchain Art, a company organized under the laws of the Ukraine (“Blockchain Art” or “we”, “our” or “us” and together with you, the “Parties”) concerning your use of (including any access to) the Blockchain Art’s websites, currently located at https://blockchainart.io/, mobile applications, web applications, decentralized applications, smart contracts and API located at any of Blockchain Art’s sites (together with any materials and services available therein, and successor website(s) or application(s) thereto, the “Site”). This Agreement hereby incorporates by this reference any additional terms and conditions with respect to the Site posted by Blockchain Art to the Site, or otherwise made available to you by Blockchain Art.
By clicking or tapping any button or box marked “Accept” or “Agree” (or a similar term) in connection with this Agreement, you agree to be bound by this Agreement, a current version of which is available at the Site, and which may be modified from time to time at our sole discretion in accordance with section 3 below.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE SITE AVAILABLE TO YOU IF YOU ACCEPT ALL OF THESE TERMS. BY USING THE SITE, OR ANY PART OF THEM, OR BY CLICKING “I ACCEPT” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ADJOINING BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT ACCEPT ALL OF THESE TERMS, THEN WE ARE UNWILLING TO MAKE THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
1. The Blockchain Art objects
Blockchain Art (“Blockchain Art”) is a website, auction and smart contracts that run on the Bitcoin blockchain and Ethereum network, using specially-developed smart contracts (each, a “Smart Contract”) to enable users to create, buy, transfer and trade unique digital and art objects, which can then be visualized on a website that the user can interact with the Site. The Smart Contracts and the Site are collectively referred to in these Terms as the “Site”. Using the site, users can view, add, create, acquire, and trade art with other users.
You affirm that you are aware and acknowledge that Blockchain Art is a non-custodial provider of software services that has developed this distributed and decentralized environment where the site can be autonomously and directly accessed by the Users without any involvement or actions taken by Blockchain Art or any third-party.
Blockchain Art is a platform for the creation and adding of limited-edition objects, (“Blockchain Art Objects”). These objects include but are not limited to: visual artwork, animations, audio, photographs, or other original content.
The Blockchain Art platform allows users to exchange blockchain-based cryptographic, unique digital items between one another.
Original content creators can apply to be in our Artist Community. We make no guarantees that they will be accepted.
Accepted contributors acknowledge and agree to create purely original content, only using imagery that is self-created or public domain with appropriate documentation. Contributors agree not to create content that includes copyrighted or otherwise restricted or permissioned imagery, and acknowledge that their account and permission to contribute to Blockchain Art may be revoked if violated.
If accepted, they will be whitelisted as an allowed contributor in our Site, and can then issue unique tokens to represent their original Blockchain Art Objects.
The Blockchain Art Objects can then be sold or transferred to other people.
Owning a Blockchain Art Object is analogous to owning a physical artwork, like an original painting or print.
Ownership does not include intellectual property rights such as copyright claims, ability to produce commercially, and create merchandise therefrom, etc.
The intellectual property remains the possession of the creator.
Blockchain Art attempts our best to make sure that all Blockchain Art Objects created on the platform are done so by their original creator, but we are not liable if someone breaks our terms and creates items of which they are not the original creator.
2. The Site
A. Transactions that take place on the Site are managed and confirmed via Bitcoin or Ethereum blockchain. You understand that your Bitcoin or Ethereum public address will be made publicly visible whenever you engage in a transaction on the Site.
B. We neither own nor control the Bitcoin or Ethereum network, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Site. We will not be liable for the acts or omissions of any such 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 such third parties.
C. You must provide accurate and complete registration information when you create an account for the Site. By creating an account, you agree to provide accurate, current and complete account information about yourself, and to maintain and promptly update as necessary your account information. You are responsible for the security of your account. If you become aware of any unauthorized use of your password or of your account with us, you agree to notify us immediately at email@example.com.
3. Modification of Agreement and Transfer
This Agreement may be discretionarily modified or replaced at any time, unless stated otherwise herein. The most current version of this Agreement will be posted on the Site. Any changes or modifications will be effective immediately upon posting the revisions to the Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You waive any right you may have to receive specific notice of such changes or modifications. Use of the Site by you after any modification to the Agreement constitutes your acceptance of the Agreement as modified. We may, at any time and without liability or prior notice, modify or discontinue all or part of the Site (including access to the Site via any third-party links).
Neither party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, provided that Blockchain Art may assign this Agreement without your prior consent to any of Blockchain Art’s affiliates, or to its successors in interest of any business associated with the services provided by Blockchain Art. This Agreement shall be binding upon the permitted assigns or transferees of each party.
4. Fees and Payment
A. If you elect to purchase, trade, or create art on the Site, or with or from other users via the Site, any financial transactions that you engage in will be conducted solely through the Bitcoin or Ethereum network. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the Site, or using the Smart Contracts, or any other transactions that you conduct via the Bitcoin or Ethereum network.
B. As between us, you will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Site (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or creation of any artworks). Except for income taxes levied on Blockchain Art, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.
5. Ownership; Restrictions
Buying digital art on Blockchain Art is just like buying an original painting or print from an artist:
It does not transfer the Artist’s copyright to the Collector.
The Collector receives true ownership, that is, he or she acquires the right to display and resell the digital art to another collector if they wish.
But the Artist does not give up copyright, meaning Collector cannot prevent artist from using it for further commercial work, and Collector has no right to use it for commercial purposes.
A. You acknowledge and agree that we own all legal right, title and interest in and to all elements of the Site.
The graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Site (collectively, the “Blockchain Art Materials”) are owned by Blockchain Art, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Blockchain Art Materials are the copyrighted property of Blockchain Art, and all trademarks, service marks, and trade names contained in the Blockchain Art Materials are proprietary to Blockchain Art. Except as expressly set forth herein, your use of the Site does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Site. We reserve all rights in and to the Blockchain Art Materials not expressly granted to you in the Terms.
For the sake of clarity, you understand and agree: (i) that your purchase of an artwork is like buying a print or original painting from an artist. It is yours to keep and enjoy, but it does not give you any rights or licenses in or to the artwork (including, without limitation, the copyright in and to the art and drawings associated with it) other than those expressly contained in these Terms; and (ii) that you do not have the right to reproduce, distribute, or otherwise commercialize any elements of the artwork (including, without limitation, the creator’s copyright in and to the art and drawings associated with it) in any way without the creator’s prior written consent in each case, which consent the creator may hold in their sole and absolute discretion.
B. You may choose to submit comments, bug reports, ideas or other feedback about the Site, including without limitation about how to improve the Site (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
C. You agree that you are responsible for your own conduct while accessing or using the Site, and for any consequences thereof. You agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable content; (ii) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, or which would involve proceeds of any unlawful activity; (iii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iv) impersonate another person (via the use of an email address or otherwise); (v) upload, post, transmit or otherwise make available through the Site any content that infringes the intellectual proprietary rights of any party; (vi) operate to defraud Blockchain Art, other users, or any other person or provide false, inaccurate or misleading information; (vii) use the Site to violate the legal rights (such as rights of privacy and publicity) of others; (viii) engage in, promote, or encourage illegal activity (including, without limitation, terrorism, tax evasion or money laundering); (ix) interfere with another individual’s or entity’s access to or use of the Site; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent; (x) exploit the Site for any unauthorized commercial purpose; (xi) modify, adapt, translate, or reverse engineer any portion of the Site; (xii) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or any part of it; (xiii) reformat or frame any portion of the Site; (xiv) display any content on the Site that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights; (xv) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or the content posted on the Site, or to collect information about its users for any unauthorized purpose; (xvi) create user accounts by automated means or under false or fraudulent pretenses; or (xvii) access or use the Site for the purpose of creating a product or service that is competitive with any of our products or services.
You may terminate these Terms at any time by canceling your account on the Site and discontinuing your access to and use of the Site. You will not receive any refunds if you cancel your account, or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or terminate your account(s) for the Site. You agree that any suspension or termination of your access to the Site may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. If we terminate these Terms or suspend or terminate your access to or use of the Site due to your breach of these Terms or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms will be in addition to any other remedies we may have at law or in equity. Upon any termination or expiration of these Terms, whether by you or us, you may no longer have access to information that you have posted on the Site or that is related to your account, and you acknowledge that we will have no obligation to maintain any such information in our databases or to forward any such information to you or to any third party. Sections 2.C and 3 through 17 will survive the termination or expiration of these Terms for any reason.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT THE SITE IS 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, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE SITE, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, 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 SITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE SITE WILL BE ACCURATE, (IV) THE SITE OR ANY CONTENT, 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 SITE 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 GROSS NEGLIGENCE.
C. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE BITCOIN OR ETHEREUM NETWORK OR THE ELECTRONIC WALLETs, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE, BITCOIN OR ETHEREUM NETWORK, ELECTRONIC WALLETS OR BROWSERS.
D. DIGITAL ASSETS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BITCOIN OR ETHEREUM NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND OCCUR ON THE DECENTRALIZED LEDGER WITHIN THE BITCOIN OR ETHEREUM PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES OR PROMISES WITH RESPECT TO SMART CONTRACTS.
E. BLOCKCHAIN ART IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE BITCOIN OR ETHEREUM NETWORKS OR THE ELECTRONIC WALLETS OR ANY COMPATIBLE BROWSERS, INCLUDING BUT NOT LIMITED TO LATE REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
F. TO THE FULLEST EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT OR ANY OTHER AGREEMENT CONTEMPLATED HEREIN OR APPLICABLE PROVISIONS OF LAW OR EQUITY OR OTHERWISE, THE PARTIES HERETO HEREBY AGREE TO ELIMINATE ANY AND ALL FIDUCIARY DUTIES THE BLOCKCHAIN ART MAY HAVE TO THE USER, ITS AFFILIATES, OR THE END USERS OF THE SITE OR ITS CONTENT, PROVIDED THAT SUCH EXCLUSION OR LIMITATION OF LIABILITY SHALL NOT EXTEND TO BLOCKCHAIN ART’S MISAPPROPRIATION OF ASSETS OR FUNDS OF ITS USERS OR ITS AFFILIATES, OR THE END USERS OF THE SITE OR CONTENT PROVIDED BY BLOCKCHAIN ART OR OTHER ACTS OR OMISSIONS THAT CONSTITUTE A BAD FAITH VIOLATION OF THE IMPLIED CONTRACTUAL COVENANT OF GOOD FAITH AND FAIR DEALING.
8. Limitation of Liability
A. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS 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 ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE SITE AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.
9. Assumption of Risk
You accept and acknowledge each of the following:
A. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Blockchain Art Objects, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Blockchain Art Objects will not lose money. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the Bitcoin or Ethereum blockchain. You acknowledge these risks and represent that Blockchain Art cannot be held liable for such fluctuations or increased costs.
B. You are solely responsible for determining what, if any, taxes apply to your Blockchain Art related transactions. Blockchain Art is not responsible for determining the taxes that apply to your transactions on the Site.
C. There are 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. You accept and acknowledge that Blockchain Art will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Bitcoin or Ethereum network, however caused.
D. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Blockchain Art ecosystem, and therefore the potential utility or value of Blockchain Art Objects.
E. The Site, BTC, ETH and digital assets could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of Blockchain Art to continue to develop, or which could impede or limit your ability to access or use the Site, Bitcoin or Ethereum blockchain, including access to your digital assets or other funds, and new regulations or policies may materially adversely affect the development of the Blockchain Art ecosystem, and therefore the potential utility or value of Blockchain Art.
F. Upgrades by Bitcoin or Ethereum platform, a hard fork in the Bitcoin or Ethereum platform, or a change in how transactions are confirmed on the Bitcoin or Ethereum platform may have unintended, adverse effects on all blockchains, including the Blockchain Art ecosystem.
G. You acknowledge and understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies, digital assets and the Site, which could result in the theft or loss of your digital assets or Blockchain Art Objects. To the extent possible, it is intended to update the protocol underlying the Site to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the Site, you acknowledge these inherent risks.
H. You acknowledge that the Site is subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Site. This warning and others provided in this Agreement by Blockchain Art in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing or accessing the Site.
I. Any reference to a type of digital asset on the Site does not indicate our approval or disapproval of the underlying technology regarding such type of digital asset, and should not be used as a substitute for your own understanding of the risks specific to each type of digital asset. We make no warranty as to the suitability of the digital assets referenced on the Site and assume no fiduciary duty in our relations with you.
J. Use of the Site, in particular for creating, buying or selling trading digital assets, may carry financial risk. digital assets are, by their nature, highly experimental, risky, volatile and transactions carried through the Site are irreversible, final and there are no refunds. You acknowledge and agree that you will access and use the Site at your own risk. The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether such creating, buying or selling digital assets is suitable for you in light of your circumstances and financial resources. By using the Site, you represent that you have been, are and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You accept all consequences of using the Site, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with use of the Site for performing digital asset transactions. Under no circumstances will the operation of all or any portion of the Site be deemed to create a relationship that includes the provision or tendering of investment advice.
K. You are aware of and accept the risk of operational challenges. The Site may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Site. You agree to accept the risk of the Site failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. We do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site or the software underlying the Site. Accordingly, you should verify all information on the Site before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we will have no liability for such decisions.
You agree to indemnify, defend and hold harmless Blockchain Art and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost, and attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Site, (iii) your violation of applicable laws, rules, regulations or the rights of any third party and (iv) any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy in connection with your access to or use of the Site. Blockchain Art reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Blockchain Art in the defense of such matter.
11. External Sites
The Site may include hyperlinks to other websites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
12. Changes to the Terms
We may make changes to the Terms from time to time. When we make changes, we will make the updated Terms available on the Site. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date that they are made, and your continued access to or use of the Site after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to any revised Terms, you may not access or use the Site.
You affirm that you are over the age of 18, as the Site is not intended for children under 18. IF YOU ARE UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THE TERMS FOR THE BENEFIT OF A CHILD UNDER 18, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SITE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
15. Dispute Resolution
A. Informal Negotiations.
You and the Blockchain Art agree that you will notify each other in writing of any dispute, controversy or claim related to this Agreement (“Dispute”) within fifteen (15) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to the Blockchain Art shall be provided by sending an email to firstname.lastname@example.org.
Your notice must include: (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific relief that you are seeking. If you and the Blockchain Art cannot agree how to resolve the Dispute within fifteen (15) days of the Blockchain Art receiving the notice, either you or Blockchain Art may, as appropriate pursuant to this Section 15, commence an arbitration proceeding or file a claim in court. You and the Blockchain Art agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and the Blockchain Art agree that the claim is permanently barred (which means that you will no longer have the right to assert a claim regarding the Dispute).
B. Exceptions to Informal Negotiations.
You and Blockchain Art agree that the following Disputes are not subject to the above provisions concerning informal negotiations: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Blockchain Art’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
16. Governing Law
The Agreement and the relationship between you and Blockchain Art shall be governed by the laws without regard to conflict of law provisions.
17. General Information
A. Entire Agreement
These Terms (and any additional terms, rules and conditions of participation that Blockchain Art may post on the Site) constitute the entire agreement between you and Blockchain Art with respect to the Site. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
B. No Third Party Beneficiaries
There are no third party beneficiaries to these Terms.
You may not assign any or your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms in our sole discretion to an affiliate, or in connection with an acquisition, sale or merger.
The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
E. Waiver and Severability of Terms
The failure of Blockchain Art to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
F. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
G. Section Titles
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Users with questions, complaints or claims with respect to the Site may contact us at email@example.com.
While our values will not shift, the Site will evolve over time, and this Policy will change to reflect that evolution. In some cases, if we make significant changes, we may give you additional notice by adding a statement to our homepage, or by sending you an email notification. We encourage you to review this Policy periodically to stay informed about our practices.
Information We Do Collect
We will ask you to provide us with your email address, and your Bitcoin or Ethereum wallet address.
Information We Don’t Collect
We do not collect any other personally-identifiable information about you, unless you give it to us directly: by filling out a form, creating an account, giving us written feedback, communicating with us via third party social media sites, or otherwise communicating with us via the Site or any other means. We do not collect any payment information from you, other than your Bitcoin or Ethereum wallet address.
What We Do With Information We Collect
We use the information we collect in the following ways:
To analyze trends for how the Site is being used;
To improve the Site;
To help personalize your experience of the Site; and
If you gave us your contact information, we will use it to send you data as part of making the Site available to you. We may also use that information to contact you to send you technical notices, updates, confirmations, security alerts, to provide support to you, to tell you about other products and services that we think might interest you, or to respond to your comments or questions.
We may share the information we collect with third parties who need to access it in order to do work on our behalf, including doing things like helping us make the Site available, or providing analytics services for us. We work hard to ensure that these third parties only access and use your information as necessary to perform their functions.
We will create aggregations and anonymizations that contain your information in a way that does not directly identify you. We may use and/or share those aggregations and anonymizations for a variety of purposes related to the Site, or our company and its business.
What We Don’t Do With Information We Collect
We do not share any information that directly identifies you with any third party, except in the following limited cases:
As required to comply with applicable law or regulation, or to comply with law enforcement;
To respond to claims and/or legal process;
To protect our rights or our property, or to enforce our terms of service;
To prevent behavior that is (or that we think may be) illegal or unethical;
With your consent, or at your request or direction; or
As otherwise set forth in this Policy.
We take safeguarding your information seriously. We will take reasonable administrative, physical, and electronic measures to help protect your information from loss, theft, misuse, unauthorized access, disclosure, alteration or destruction. All that said, no method of transmitting or storing information over the Internet is completely secure. With that in mind, we cannot guarantee the absolute security of your information.
Our Policy Towards Children
The Site is not intended for use by children under the age of 18. If you are the parent or guardian of a child under the age of 18 and you become aware that your child has provided personally identifiable information to us without your and their consent, contact us at firstname.lastname@example.org If we become aware that a child under the age of 18 has provided us with their personally identifiable information, we will remove that information from our files.
By contacting us at email@example.com, you can:
See what information we have about you, if any;
Change/correct any personal data we have about you;
Ask us to delete any personal data we have about you (we will do our best to do so, but we may have to keep certain data as required by law, to comply with this Policy, or pursuant to our normal caching procedures);
Opt out of receiving promotional communications from us; or
Ask questions or provide feedback on this Policy generally, or the use of your information.