NFT Art Gallery
Last revised: April 12, 2021
1. By Using NFT Art Gallery, You Are Accepting the Following Terms
- Security: you understand and agree that you are solely responsible for maintaining the security of your associated account(s) including but not limited to crypto wallets, and control over any user names, passwords, or any other codes that you use to access the Services. Any unauthorized access to your account by third parties could result in the loss or theft of NFT and/or NFTs and/or funds held in your account and any associated accounts, including your linked bank account(s) and credit card(s). You understand and agree that you will not hold us responsible for managing and maintaining the security of your account. You further understand and agree that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify us immediately.
3. Trading Fees
- Trading Fees: by buying an NFT on NFT Art Gallery, you agree to pay all applicable fees and you authorize NFT Art Gallery to automatically deduct fees directly from your payment. You will always be provided with a breakdown of fees prior to your purchase or sale of an NFT.
- Communication: you agree and understand that we will communicate with you via electronic means. To ensure that you receive all our communications, you agree to keep your email address and telephone number current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communications delivered to your email address on record is considered valid.
5. USD and/or Cryptocurrency Balance
- USD and/or Cryptocurrency Balance: certain approved users may carry a balance in U.S. Dollars and/or Cryptocurrency to facilitate transactions on the NFT Art Gallery platform. You are the owner of your balance.
6. Unclaimed Property
- Unclaimed Property: if NFT Art Gallery is holding funds on your behalf and has no record of your use of our site/service for several years, we may be required, upon passage of applicable time periods, to report these funds as unclaimed property in accordance with the abandoned property and escheat laws. If this occurs, we will use reasonable efforts to give you written notice. If you fail to respond within seven business days or as required by law, we may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. We reserve the right to deduct a dormancy fee or administrative fee from such unclaimed funds, as permitted by applicable law.
- You agree that we may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.
- You agree that we may send you communications by email or text message that pertain to the status of a purchase or sale of an NFT on NFT Art Gallery, and other communications that pertain to your interaction with the website, including but not limited to notifications about the status of an NFT you are interested in purchasing.
- You may opt out of promotional communications at any time by following the instructions provided therein.
8. Featured Artists Content and NFTs
- You understand and agree that you are responsible for any User Content you submit or contribute, and you, not NFT Art Gallery, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content, accuracy, or appropriateness of any User Content posted by you or any other user on the NFT Art Gallery Site.
- If you are an NFT Artist, you hereby grant NFT Art Gallery the right to use your name and image for marketing or promotional purposes. If you are a NFT Artist, you agree that we may use or modify images from the NFTs that you create for marketing or promotional purposes. You also agree that we can use your biography and other public information about you to promote the NFTs that you create.
As a NFT Artist/Creator, you understand and agree that:
- You are responsible for the accuracy and content of your NFT Creations;
- Any NFT Creation that violates any of NFT Art Gallery’s policies may be obfuscated or deleted by NFT Art Gallery, in its sole discretion;
- You will respect the intellectual property of others; and
- You will not coordinate pricing with other NFT Artists and/or Creators.
- Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, the NFT Art Gallery logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “NFT Art Gallery Content”) are the proprietary property of NFT Art Gallery or our affiliates, licensors, or users, as applicable. The NFT Art Gallery logo and any NFT Art Gallery product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of NFT Art Gallery, and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
- You may not use NFT Art Gallery Content to link to the Site or Content without our express written permission. You may not use framing techniques to enclose any NFT Art Gallery Content without our express written consent. In addition, the look and feel of the NFT Art Gallery Site and Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of NFT Art Gallery and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
10. Intellectual Property
- Outside the NFT Art Gallery Content, all other trademarks, product names, and logos on the Site 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 trademark holder. Without limiting the foregoing, if you believe that third-party material hosted by NFT Art Gallery infringes your copyright or trademark rights, please file a notice of infringement by contacting NFT Art Gallery’s Copyright Agent at Info@NFTARTGallery1.com
- In such event, please provide NFT Art Gallery with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Site of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
11. Your Use of NFT Art Gallery
We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content. Our grant of such license is subject to the following conditions:
- Unlawful Activity: you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity.
- Abusive Activity: you agree not to engage in any activity that poses a threat to NFT Art Gallery, for example by distributing a virus or other harmful code, or through unauthorized access to the Site or other users’ accounts.
- Inappropriate Behavior: you agree not to interfere with other users’ access to or use of the Services
- Communication: you agree not to communicate with other users for purposes of (1) sending unsolicited advertising or promotions, requests for donations, or spam; (2) harassing or abusing other users; (3) interfering with transactions of other users. You agree not to use data collected from the Site to contact individuals, companies, or other persons or entities outside the Site for any purpose, including but not limited to marketing activity.
- Fraud: you agree not to engage in any activity which operates to defraud NFT Art Gallery, others users, or any other person; or to provide any false, inaccurate, or misleading information to NFT Art Gallery.
- Gambling: you agree not to utilize the Services to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance.
- Taxes: you agree that you are solely responsible for determining what, if any, taxes apply to your NFT transactions. Neither NFT Art Gallery nor any other NFT Art Gallery Party is responsible for determining the taxes that apply to your NFT transactions.
- Intellectual Property Infringement: you agree not to (1) engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law; (2) use NFT Art Gallery Content (as defined in Section 7 above) without express written consent from NFT Art Gallery; or (3) engage in any action that implies an untrue endorsement or affiliation with NFT Art Gallery.
- Additional Prohibitions: you agree not to (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any Content; (2) modify or create derivative works from the Site or Content, or any portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods on the Site or Content; (4) download any portion of the Site or Content, other than for purposes of page caching, except as expressly permitted by us.