Introduction
1.1 Welcome to the blockchain artwork registration platform (”Platform”). These Terms of Use (”Terms”) govern your access to and use of the Platform. By using the Platform, you agree to be bound by these Terms.
1.2 The Platform provides a unique service for the creation, registration, and trading of digital and physical artworks on the Polygon blockchain, allowing artists and collectors to control and preserve the provenance of their artworks.
Eligibility and User Account
2.1 To use the Platform, you must be at least 18 years old and possess the legal capacity to form a binding contract. By accessing and using the Platform, you warrant that you meet these eligibility requirements.
2.2 To create an account on the Platform, you must provide accurate and complete information during the registration process. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
Platform Services and User Responsibilities
3.1 The Platform enables users to register artworks on the Polygon blockchain using Solidity-based ERC1155 smart contracts. Each artwork is assigned a unique address that links to its associated smart contract. The Platform acts as an administrator of these contracts, maintaining the integrity of information and facilitating updates or alterations.
3.2 Digital artwork NFTs are sent directly to the owner’s wallet, whereas smart contract tokens remain within the contract, contributing to the history of the artwork. The owner of the artwork will have their wallet address associated within the contract via token ID number 1, through which they can request certificates or propose changes to the contract information.
3.3 As a user, you are solely responsible for the accuracy, authenticity, and legality of the information you provide on the Platform. You agree to use the Platform in compliance with all applicable laws, regulations, and these Terms, and not for any unlawful, fraudulent, or malicious activities.
Intellectual Property Rights
4.1 You affirm that you hold all necessary rights or permissions to register the artworks on the Platform. By registering artworks, you grant the Platform a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute the artworks for the sole purpose of facilitating the Platform’s services.
4.2 The Platform retains ownership of the smart contracts used for registering artworks, while users retain ownership of their respective artworks. You may not use or reproduce the Platform’s intellectual property without prior written consent.
Privacy and Data Protection
5.1 The Platform’s Privacy Policy governs how we collect, use, and protect your personal information. By using the Platform, you consent to the collection, use, and storage of your personal information as described in the Privacy Policy.
5.2 While the Platform takes reasonable security measures to protect user data and prevent unauthorized access or disclosure, it cannot guarantee the absolute security of user information.
Prohibited Conduct
6.1 You agree not to engage in any of the following prohibited conduct:
a) Violating any applicable laws, regulations, or third-party rights;
b) Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity;
c) Interfering with or disrupting the integrity or performance of the Platform or its underlying infrastructure;
d) Uploading, posting, or transmitting any content that is illegal, harmful, offensive, or violates any third-party rights;
e) Engaging in any activity that may impose an unreasonable burden or load on the Platform”s infrastructure.
Content Ownership and Usage Rights
7.1 Users retain ownership of the content they submit to the Platform. By submitting content, you grant the Platform a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, and display the content for the purpose of providing and promoting the Platform’s services.
Third-Party Links and Services
8.1 The Platform may contain links to third-party websites or services. The Platform is not responsible for the content, privacy policies, or practices of these sites or services. You access and use such third-party websites or services at your own risk.
Limitation of Liability
9.1 The Platform, its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, to the maximum extent permitted by applicable law, arising out of or in connection with your use of the Platform.
Modifications to the Terms
10.1 The Platform reserves the right to modify these Terms at any time, in its sole discretion. The updated Terms will be effective upon posting on the Platform or notifying users through other means. It is your responsibility to review the Terms periodically for any changes.
10.2 Your continued use of the Platform after the posting of the updated Terms constitutes your acceptance of the modified Terms.
Termination
11.1 The Platform reserves the right, in its sole discretion, to suspend or terminate your access to the Platform or any part thereof, at any time and for any reason, including if you violate these Terms.
11.2 Upon termination, your right to use the Platform will immediately cease, and any content or data associated with your account may be permanently deleted by the Platform.
Governing Law and Dispute Resolution
12.1 These Terms shall be governed by and construed in accordance with the laws of Switzerland. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Switzerland.