Conditions générales
Date of issuance: February 16th, 2022
These Terms govern your use of the Platform “NFT4Artists” (https://www.nft4artists.io/) and its Functionalities. The Platform is a highly-accessible, easy-to-use marketplace for artists to sell their NFTs. We want to provide an easy way for artists to sell their art without having to deal with complicated and expensive fees.
These Terms are entered into by the Users and the physical person running the Platform. For purposes of the present Terms, “User”, “you”, and “your” means you as the User of the Platform.
We may at any time amend, modify or supplement these Terms by notifying such amendments or modifications or supplementation to the Users via email or notification on the Platform. The continued utilization of the Platform will constitute User’s acceptance of any such amendment, modification, or supplementation.
We also reserve the right, without prior notice, to cancel and/or withdraw these Terms at any point of time at our own discretion.
Definitions
Functionalities shall mean the functionalities of the Platform which consist in allowing the Users to sell, buy and upload NFTs collection(s) using their Phantom and/or Solflare Wallet.
Intellectual property
rights shall mean especially but not limited to copyrights, patents, registered design, design rights, service marks, database rights, trademarks, trade secrets, applications for any of the foregoing, know-how, confidential information, trade and business name or any other proprietary or industrial right, whether registered or unregistered.
Marketplace fee(s) shall mean the 2.5% fees of the Transaction price paid in SOL on each NFT sale by the seller User to the Platform.
NFT(s) shall mean non-fungible token(s) registered on the Solana blockchain.
Payment data shall mean all the Personal Data of the User related to his/her/its Phantom and/or Solflare Wallet.
Personal Data shall mean all information relating to an identified or identifiable person collected and processed in accordance with the Privacy Notice, the Swiss Data Protection Act (RS.235.1) and, where applicable, the General Data Protection Regulation (GDPR).
Platform shall mean the interface available for Users at the following URL address: https://www.nft4artists.io.
Platform content shall mean all the rights related to the content of the Platform, included but not limited to the software, algorithms, codes, audio files, videos, texts, layouts, animations, files, pictures, domain name, programs, products, processes, technology, content, source code, object code, designs and other material or information which appear or is displayed on the Platform.
Privacy Notice shall mean the privacy notice issued on February 16th, 2022.
Registration data shall mean the Personal Data requested to create a User Account, i.e. your nickname, your avatar, your email address, your Wallet address, your bio and/or your website address.
Solana (SOL) is a public blockchain platform whose the native cryptocurrency is SOL. The Users can buy or sell NFTs on the Platform using SOL through their Wallet (Phantom and/or Solflare).
Terms shall mean this version of the Terms and Conditions (February 16th, 2022).
Transaction(s) shall mean the contractual relationship between the Users when one buys NFT(s) to the other.
Transaction price shall mean the SOL amount paid by the User (buyer) for the NFT(s) to the other User (seller). The Transaction price defines the number of SOL spent by the User (buyer), including the Wallet fees and/or Marketplace fees.
User(s) shall mean any natural person who uses the Platform and creates a User Account on it in order to sell, buy and/or upload NFTs. The User can be a seller selling NFTs and/or a buyer buying NFTs.
User Account shall mean the personal account created on the Platform that allows the Users to sell, buy and/or upload NFTs.
Wallet shall mean the User’s Phantom and/or Solflare Wallet.
Website shall mean the Platform’s URL address: https://www.nft4artists.io.
We, Us and/or Our shall mean the physical person providing the Platform: Mr. Anthony Wood, Route des Rosalys 499, 1619 Les Paccots, Switzerland.
Generality
The Platform “NFT4Artists” (https://www.nft4artists.io/) is a highly-accessible, easy-to-use marketplace for the Users – artists or not - to sell their NFTs. We charge low Marketplace fee on Our Platform, due to Solana blockchain protocol.
We strive to make our Platform as intuitive as possible. You can navigate quickly through Our search functions, or filter by artist or need (like an artwork type).
The use of the Platform is subject to a Marketplace fee for the Users. A Marketplace fee in SOL is thus charged on each sale of NFTs on the Platform and calculated on the Transaction price. A creator’s fee can also be charged by the creator of the content associated with NFTs. This fee is not under our control.
Terms’ acceptance
All the Users using the Platform must accept the content of these Terms.
If you are using the Platform on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
By using the Platform and/or by benefiting from its Functionalities, you acknowledge that you have read and understood these Terms and agree to be bound by them and to comply with these Terms and all applicable laws and regulations.
If you do not agree with these Terms, you will not be able to use the Platform and/or benefiting from its Functionalities.
Use of the Platform
We grant you a limited, non-exclusive, non-transferable, royalty-free and revocable license to use the Platform for its intended purposes subject to your strict compliance with these Terms and Our applicable policies.
We are not a Wallet provider, an exchange platform or a financial institution.
We do not have custody or control over the NFTs and/or tokens available on the Platform and We do not execute purchases, transfers and/or sales of NFTs or other tokens available on the Platform.
To use Our Functionalities, it is mandatory for the Users to have access to a third-party Wallet which allows to engage in transactions on blockchains.
We are not party to any agreement between the Users. It is your responsibility to verify the authenticity and/or legitimacy of NFTs that you purchase from other Users on the Platform. We give no guarantee about the identity, legitimacy, functionality and/or authenticity of NFTs available on the Platform.
We may introduce new features, change existing features, or remove features from the Platform at any time and without notice. If you provide Us with any feedback on or comments regarding the Platform and the Functionalities, you grant Us the right to use such feedback or comments for any purpose without restriction or payment to you.
Browsing the Platform
To become a User and start selling, buying, uploading and/or trading NFTs, you first have to browse the Platform available at the following URL address: https://www.nft4artists.io.
You are solely responsible for the browsing of the Platform and you expressly understand and agree to comply with the present Terms under all circumstances.
Under no circumstances shall We be held liable for the content of the terms & conditions and the policies of third parties.
Creation of a User Account
All the Users must create a User Account in order to sell, buy, upload NFTs and for benefiting from the Functionalities of the Platform.
To create a User Account, you must:
connect your Wallet;
provide the first part of your Registration data (i.e. your nickname and your email address (mandatory)); and provide us with the rest of your Registration data, only if you consent to (i.e. your avatar, Wallet address, your artist status or not, your website and elements about your biography (non mandatory).
By creating a User Account for benefiting from the Functionalities, you agree:
to provide true, accurate, current and complete information about you and your organization as requested by Us such as Registration data as provided in the Privacy Notice;
to maintain the confidentiality of your Wallet’s password and other information related to the security of your User Account;
to maintain and promptly update the Registration data and any other information you provide to Us, to keep such information accurate, current and complete;
to be fully responsible for all use of your User Account and for any actions that take place through your User Account;
not to impersonate anybody by opening a false User Account; and not to use robots or other tools to open User Accounts.
You expressly authorize Us to use any Registration data to verify your identity (including any updated information).
You understand and agree that you are obliged to notify Us with any changes to your Registration data immediately.
We reserve the right to reject any registration and to refuse to provide the Functionalities to anyone for any reason, at Our sole and absolute discretion, without any obligation to indemnify you.
If you provide false or misleading Registration data or do not notify Us of changes to your Registration data immediately, We reserve the right to terminate or suspend your User Account immediately and without notice to you or any liability of whatever nature. We retain the right to cancel User Account that have been inactive for more than a year or the Registration Data are considered to be misleading without prior notice to the User.
You are solely responsible for maintaining the confidentiality of your Wallet’s password and User Account, and you are responsible for all activities that occur in relation to your User Account.
We will not be liable for any loss or damage from your failure to maintain the security of your User Account and Wallet’s password. You may not disclose your Wallet’s password to any third party (other than third parties authorized by you to use your User Account) and you are solely responsible for any use of or action taken under your User Account.
Should you not fulfill the conditions for obtaining a User Account and/or benefiting from the Functionalities, you shall immediately refrain from doing so and stop using the Platform.
Joining the Platform
By browsing the Platform, you are officially allowed to benefit from the Functionalities of the Platform. Once the user Account is created, the User can sell, buyand/or upload NFTs collection(s) on the Platform to other Users.
Once your User Account is created, it will be associated with your linked Wallet address and/or blockchain address and display the NFTs and related content for that blockchain address.
By using your Phantom and/or Solflare Wallet in connection with the Functionalities, you agree that the terms and conditions of the provider of the Wallet are only applicable. Wallets are not operated by, maintained by, or affiliated with Us and We do not have custody or control over the contents of your Wallet.
It is your sole responsibility to connect yourself only to the Platform and not to third parties websites and to avoid scams.
We are not liable to retrieve or transfer its contents. We are not in any case liable in connection with your use of a third-party Wallet and make no representations or warranties regarding how the Functionalities will operate with any specific wallet.
You are solely responsible for keeping your Wallet secure and you should never share your Wallet information and/or Wallet’s password phrase with anyone. If you experience any issue related to your third-party Wallet, please contact your Wallet provider.
You are solely responsible for your User Account and any associated Wallet and We are not liable for any acts or omissions by you in connection with your User Account or as a result of your User Account or Wallet being compromised.
By using the Functionalities, you agree to immediately notify Us if you suspect or discover any security issues related to the Functionalities and/or your User Account.
Platform Functionalities
The Functionality of the Platform is to allow Users to sell NFTs to other Users (A). Users may also buy NFTs to other Users (Band upload NFTs collection(s) (C).
Selling NFTs
Users can sell NFTs to other Users. We charge a Marketplace fee of 2.5 % of the Transaction price stated in SOL for each NFT sold through the Platform. The 2.5 % Marketplace fee of the Transaction price stated in SOL for each NFT sold through the Platform is paid by the seller User.
Buying NFTs
Users can buy NFTs to other Users. The 2.5 % Marketplace fee of the Transaction price stated in SOL for each NFT is paid by the seller User.
Uploading NFTs collection(s)
Users can upload NFTs collection(s) on the Platform. Users grant Us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Platform for Our current and future business purposes, including to provide, promote, and improve the Functionalities. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Platform.
Privacy Notice
The Personal Data you provide Us in the course of using the Platform will be used in accordance with Our Privacy Notice available on the Platform, the terms of which are hereby incorporated into these Terms.
Transaction with other User(s)
The User understands and agrees that his/her/its contractual counterpart in the Transaction is the User from whom he/she/it purchases the NFT(s).
We are not part of this contractual relationship and assume absolutely no responsibility for any trouble arising out from it.
The NFTs purchased by the User to the other User in the context of the Transaction will be delivered by the seller User at his/her/its sole risk and expenses.
Under no circumstances shall We be responsible for the NFTs’ sending and/or for the costs, taxes and charges related to the NFTs’ sending.
The User understands and agrees that under no circumstances shall We be liable for any event that may damage or destroy the NFTs for any trouble arising out in relation with the NFTs purchased to the seller User.
By purchasing NFTs to another User on the Platform, you clearly understand and agree that he/she/it potentially may be bound by third parties’ policies and terms & conditions.
In case of any dispute with one or more Users regarding Transaction(s) on the Platform, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Non-Circumvention
By using the Platform and/or the Functionalities, you take the full commitment not:
to use the information, material and content available on the Platform for competing, directly or indirectly, with Us;
to re-sell, deep-link, use, copy, monitor (e.g. scrape), display, download or reproduce any content or information, software or products available on the Platform for any commercial or competitive activity or purpose;
to use any robot, spider, web scraper, other automated device, or manual process to monitor, extract or copy any content from the Platform.
Should you do so, please be informed that you may be irrevocably banned from using the Platform and We reserve to claim in this case for damages and/or to request injunctions.
Prohibited actions
By using the Platform, you agree not to do any of the following actions in connection with your use of the Functionalities and not to use the Platform in order to:
intimidate or harass any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, or pyramid schemes;
upload, post, transmit, distribute or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Platform, the Functionalities or Our interests and/or property and the ones of other Users;
export or re-export any applications, code or tools developed by Us on which we have rights, except as in strict compliance with applicable laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
copy, scrape, extract, modify, or distribute rights or content from the Platform in any way, including through robots, spiders or any other software or technology;
commercialize any application, code or any information or software associated with such application and/or the Platform without Our prior consent;
upload, post, transmit, distribute, store or otherwise make publicly available on the Platform any private information or Personal Data of any third party, including, addresses, phone numbers, email addresses, Wallet addresses and/or credit card numbers;
harvest or otherwise collect information or data about Users, including email addresses, without their consent or use automated scripts to collect information from or otherwise interact with the Users;
upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
upload, post, transmit, distribute, store or otherwise make available content that, in Our sole judgment, is objectionable, misleading or which restricts or inhibits any other person from using the Platform, or which may expose Us or the Users to any harm or liability of any type;
upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
copy, modify, distribute, sell, or lease any part of the Platform and/or link the Platform to other website(s) without Our prior authorization;
reverse engineer or attempt to extract the source code of the Platform; and
interfere or attempt to disrupt the Functionalities and/or the Platform in any way.
Intellectual property rights
Intellectual property rights and all other proprietary rights in relation to the Platform content and related databases, as well as in relation to the Website are Our exclusive property or its licensors.
All Intellectual property rights and all other proprietary rights in relation to the Platform content not expressly granted herein are reserved to Us. Copyrights on contents associated with NFTs are reserved to the creator(s). All copyright and other proprietary notices shall be retained on all reproductions.
Subject to these Terms and for the purpose of using the Platform, benefiting from the Functionalities and enjoying the Platform, We grant you a limited, non-exclusive, non-transferable, non-sub licensable, royalty free license to use and display the Platform content on your devices, such as smartphones or tablets.
Any other use of the Website and the Platform content, including without limitation distribution, reproduction, modification, making available, communicate to the public, publicly perform, frame, download, display or transmission, in whole or in part, without Our prior written consent is strictly prohibited.
By using the Platform in conjunction with creating, uploading, submitting, posting, promoting, or displaying content, you grant Us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Platform for Our current and future business purposes, including to provide, promote, and improve the Functionalities. This includes any digital file, art, or other material linked with any content associated in NFTs that are displayed on the Platform.
We do not claim that submitting, posting, or displaying any content on or through the Platform gives Us any ownership of the content.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Platform.
You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Us the license described above, and that the content involved does not violate any laws.
We will take down contents associated with NFTs in response to any intellectual property infringement claims and will terminate a User's access to the Platform if the User is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please submit a claim to the following email address: info@nft4artists.io.
You may not derive or attempt to derive the source code of all or any portion of the software or mobile software of the Platform, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the software of the Platform or any part thereof.
We, together with Our licensors, expressly reserve all Intellectual property rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the Platform. Access to the Functionalities does not confer and shall not be considered as conferring upon anyone any license under any of Our Intellectual property rights or any third party's Intellectual property rights.
Any use of the Functionalities and/or the Platform or their contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without Our prior written consent.
Trademarks
Our names and logos and all related product and service names, design marks and slogans are trademarks or service marks held by the Us or Our licensors. No trademark or service mark license is granted in connection with the materials contained on the Platform. Access to the Platform and/or the Functionalities does not authorize anyone to use any name, logo or mark in any manner whatsoever.
You may not use Our trademark such as its domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that We endorse any product or service.
You are in particular informed that NFT4Artists® is a registered trademark held by Us.
All other third-party trademarks, registered trademarks, and product names mentioned on the Platform or contained in the content linked to or associated with any NFTs displayed on the Platform are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Us.
You are solely responsible for your use of the Platform and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms.
Termination
You may close your User Account and stop benefiting from the Platform and its Functionalities at any time and without notice to Us.
We may terminate or suspend your User Account, in whole or in part, in the event that:
you violate these Terms or violate any other rules that govern the use of the Functionalities and the Platform ;
your conduct may harm Us and/or other Users; or as otherwise determined by Us at Our sole and entire discretion.
We may modify and adapt the Functionalities, all Platform content and other items used or contained in the Platform, at any time and at Our sole discretion.
We are entitled at any time to delete your User Account and block your access to the Platform and/or the Website in the event We consider that your use of the Platform does not fully comply with these Terms or with any applicable laws.
Notwithstanding such termination, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to Intellectual property rights and conservation of certain information for a certain period of time.
Third-parties’ policies and terms & conditions
You understand and agree that you potentially may be bound by third parties’ policies and terms & conditions while using the Platform and benefiting from the Functionalities.
In particular, the policies and terms & conditions of the Wallet provider (Phantom and/or Solflare) fully apply to the Users while buying, selling, uploading and/or trading NFTs on the Platform and paying the Transaction price with SOL cryptocurrency through their third-party Wallet.
You representant and warrant that you agree to the third parties Wallet providers’ policies and terms & conditions (Phantom and/or Solflare).
You expressly agree that We do not assume responsibility for the third parties’ policies and terms & conditions.
If you have a dispute related to third-parties’ policies and terms & conditions, you agree to release Us (including Our affiliates, and each of Our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Third-parties’ content
We may, at Our sole and entire discretion, display third-parties’ content through the Platform.
In this case, you expressly understand and agree that We do not assume responsibility for the third-parties’ content made available through the Platform.
If you have a dispute related to third-parties’ content, you agree to release Us (including Our affiliates, and each of Our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Functionalities provided “as is” and release of claims
The Functionalities and the Platform are provided "as is" and "as available".
To the maximum extent permitted by applicable law, We disclaim all representations and warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, in relation to the Functionalities, the Platform and/or the NFTs.
In addition, We make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Functionalities, or that the Functionalities or the Platform will be uninterrupted or error-free. We do not guarantee the quality, suitability, safety or ability of the NFTs purchased to other Users. You agree that the entire risk arising out of your use of the Platform, the Functionalities and the Transactions remains solely with you.
You agree that neither Us nor Our affiliates are responsible for the fitness or conduct of any Transaction on the Platform. Neither Us nor Our affiliates will be liable for any claim, injury or damage arising in connection with the acts or omissions of other Users or with any NFTs purchased in the context of the Transaction.
Any warranty, condition or other term arising out of or in connection with the Functionalities, the Platform or the NFTs which might otherwise be implied into or incorporated into these Terms by statute, common law, laws applicable in the country where you used the Functionalities or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.
If you have a dispute with one or more User(s), you agree to release Us (including Our affiliates, and each of Our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Downtime
Since the Functionalities and the Platform are web-based, they might be subject to temporary downtime.
From time to time We also update or maintain the Platform, which will result in the Platform not being available for a certain period of time. We do not warrant that the Platform and the Functionalities operate uninterrupted or error free.
We are not responsible for any damages or losses suffered by you as a result of any failure or interruption of the Platform or the Transaction(s), suspension of your access to the Platform, including any damage occurring as a direct or indirect result of a missed Transaction or missed SOL earning.
Limitation of liability
These Terms set out the full extent of Our obligations and liabilities with respect to the Functionalities of the Platform.
You accept and acknowledge that the value of NFTs is subjective and in any case not guaranteed by Us. Prices of NFTs are subject to market volatility and fluctuations regarding the price of the SOL cryptocurrency which can also materially and adversely affect NFT prices. You guarantee that you fully understand this market volatility and subjectivity and that you may lose money, a risk fully agreed by yourself.
We do not control public blockchains that you are interacting with and/or certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Furthermore, blockchain transactions are irreversible. Therefore, We have no possibility to reverse any Transaction on the blockchain.
A lack of public interest and/or use in the distributed ecosystems could negatively impact the development of those ecosystems/related applications and could therefore also negatively impact the potential utility of NFTs and their worth. You fully agree to this risk.
The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Platform and the worth, and/or utility of NFTs. You fully agree with this risk.
There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, buy, upload, or otherwise interact with any NFTs and/or User Accounts.
There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party Wallet or User Account. You accept and acknowledge that We will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Platform or any Blockchain network, however caused.
You are solely responsible for determining what, if any, taxes apply to your Transactions. We are not responsible for determining and for the payment of the taxes that could eventually apply to your NFTs Transactions.
To the extent permitted by law, We hereby exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) any liability for any direct, indirect, punitive or consequential loss or damage (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, loss of income or revenue; loss of a chance ; loss of business; loss of profits or contracts; loss of anticipated savings; loss of goodwill, client unsatisfaction, failure to store any information or other content maintained or transmitted, Functionalities, Platform interruptions, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, incurred by any User in connection with the Platform, the Functionalities and/or these Terms.
We will not be liable for any direct, indirect, special, punitive, incidental, exemplary and/or consequential damages arising out of your use of the Platform and/or the Functionalities. We will not be liable for the quality, outlook of the NFTs purchased to another User in the context of a Transaction. We will not be liable for the non-compliance of the other Users with these Terms.
We are not liable for interruptions to and downtime of the Platform and its Functionalities due to repair, maintenance or update work or for other reasons that it cannot directly control or that only impede use of the Platform and the Functionalities to a negligible extent.
We are not liable for defects or damage incurred in connection with the Transactions.
In any event, Us, and Our affiliates, will not be liable for aggregate liability for any claims relating to any Transaction, whether in tort (including negligence) or otherwise, more than the value of the relevant Transaction.
This provision applies to the maximum extent permitted by applicable law.
You understand and agree that by filing any claim more than thirty (30) days after the discovery of the alleged liability, you will be deemed to have forfeited your rights. any such claim shall be time-barred.
Force Majeure
We are not liable for any damage, loss, delay, or inconvenience caused by circumstances beyond Our reasonable control. Such circumstances include but are not limited to war, threat of war, pandemics, epidemics, governmental lockdowns, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government.
In this situation, We reserve the right to shut-down the Platform and stop providing the Functionalities without any obligation to indemnify the Users.
Indemnification
You agree to defend, indemnify and hold Us and Our affiliates, with their respective shareholders, officers, directors, employees and agents, harmless from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' and experts’ fees and expenses, that may be incurred by an indemnified party arising out of, relating to or resulting from your unauthorized use of the Functionalities and/or of the Platform or from any breach by you of these Terms or the Privacy Notice or third-parties’ policies and terms & conditions, including without limitation any actual or alleged violation of any law, rule or regulation.
Links
Links on Platform to other companies’ websites (if any) are solely provided in the User’s interest. We have no influence on the content of third-parties’ websites.
We therefore assume no guarantee for the accuracy, completeness or safety of this third-party content.
Entire agreement & severability
These Terms, the Privacy Notice and the applicable policies, subject to any amendments, agreements with third parties or modifications made by Us from time to time, shall constitute the entire agreement between you and Us with respect to the Functionalities and the Platform and any use thereof.
If any provision of these Terms is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
Modifications
We reserve the right to make any changes to these Terms at any time, as We deem necessary or desirable. Your continued use of the Platform after any such changes or after explicitly accepting the new Terms upon logging into your User Account shall constitute your consent to such changes.
No waiver
Our eventual failure to enforce a provision of these Terms does not constitute a waiver of Our right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
Assignment
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. We may assign Our rights, licenses, and obligations under these Terms without limitation.
Governing law and jurisdiction
These Terms shall be governed by the laws of Switzerland. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts of Nyon, Switzerland.
Contact
Mr. Anthony Wood
Route des Rosalys 499
1619 Les Paccots
email : info@nft4artists.io