Terms of Service
Last Updated Date: January 29, 2023
Regulations for the Sale and Trade of NFT Tokens of Digitized Artworks on the Uni.decentral-art Platform
The Uni.decentral-art platform based in Dublin organizes the sale of NFT tokens representing virtual and real artworks, and other collectible objects. The sale is conducted in accordance with the terms specified in this regulation.
Before minting NFT tokens and trading tokens, each user is obliged to familiarize themselves with the content of the regulations.
The Uni.decentral-art platform acts as a tool based on blockchain technology, and the portal itself is a place where transactions can be made between entities, artists, traders, and speculators.
The items for sale are artworks in the form of NFT tokens, which have been transferred for sale by their authors or later buyers. The authors assure that the objects are their property or that they have the right to dispose of them, and that the objects are not subject to any legal or tax proceedings, have not been seized or pledged, and are not subject to claims from third parties.
The sale takes place in a peer-to-peer online system on the Ethereum and Polygon networks in real time, and transactions can be tracked on the uni.decentral-art.com portal and on the blockchain on etherscan.io and polygonscan.com. The seller decides on the amount of the bid, resolves any disputes or puts the object up for resale. The platform will make every effort to execute the order, but is not responsible for non-execution of the sale and purchase order, unless the failure to execute the order is solely the responsibility of the platform.
Blockchain is a decentralized ledger that ensures the compliance of transactions of the offered objects with Point 5 of the regulations regarding guarantees of compliance of the offered objects with the description on the listing. The uni.decentral-art platform uses blockchain technology which allows for this compliance to be ensured through the use of smart contract algorithms and the decentral-art system's database. This means that the process is automated and does not require the direct involvement of employees or individuals working with the portal. This means that blockchain guarantees that the objects offered for sale are in compliance with the description on the list and there is no possibility of fraud on the part of the seller.
The portal reserves the right to block or withdraw the Object from sale on the portal without giving a reason and without incurring any responsibility, but it will not be able to remove it from the blockchain network.
The seller is responsible for the condition of the items they offer for sale and they should present them in the best possible condition when describing them. The portal will not consider complaints regarding the quality of the items, as it is the responsibility of the seller to ensure that the item is in good condition
The price is always confirmed with a signature on the blockchain network, which means that the sale-purchase agreement is irreversible, the transaction cannot be undone. Any changes to the price can only be made by changing the agreement with the consent of both parties, but it will not change the transaction itself.
If the item for sale is a digitized true image painted on canvas and not just a digital graphic, the seller is obligated to send the image to the buyer's address within 14 days from the completion of the transaction. The seller should obtain the shipping data from the buyer through the built-in user authentication communicator used for logging in to the platform. Keep in mind that only the wallet address is the only immutable element that constitutes user authorization. If the seller does not fulfill this obligation, a penalty fee may be incurred, which is 100 times the amount of the sale and will be transferred to the buyer.
The ownership and possession rights of the purchased object will be transferred to the buyer after the transaction is signed on the blockchain using a MetaMask wallet or other.
The right of ownership to the purchased object and the right to receive it passes to the buyer after signing the transaction in the blockchain network using MetaMask wallet or other. From the transaction amount, the smart contract automatically deducts a 5% commission from the transaction amount from the seller. This commission applies both in the primary market and in the secondary market of sales.
The NFT tokens are created on the Ethereum blockchain ERC721 network and recorded in the blockchain contract with the address 0x6509Cd7432EFcBD0eb128418Bd476951A684DBFe.
The buying and selling transactions of objects are conducted using the ART token on the Ethereum ERC20 network, which is recorded in the blockchain contract with the address 0x570936840fA942C96ca4C57A170dDa494DD9B9C6. This means that transactions on the platform are conducted using these specific tokens.
The referral system for artworks involves sharing artworks on various social platforms. The person who shares the artwork will be able to earn 2% of each transaction made through the link that is assigned to the wallet from which it was generated. This means that the person will be able to earn money not only from the initial transaction, but also from every subsequent transaction made by those who used the link.
The platform is not responsible for any hidden problems such as physical or legal defects that may occur in purchased objects. This means that the buyer should thoroughly familiarize themselves with the description and condition of the object before purchasing and reach out to the seller in case of any doubts. The platform will not consider complaints regarding hidden defects of objects.
DecentralArt does not collect personal data, and user metadata will be processed to enable the execution of agreements between users. Data processing is necessary to perform actions during the formation or execution of agreements. Data processing is carried out in accordance with the personal data protection act.
The user has the right to access their personal data and the right to correct them. They can also contact the company and request for them to stop processing their personal data. In order to access their data, the client can contact the company by providing their email address at [email protected].
The portal does not offer shipping services for any items purchased on the platform because it does not store them and transactions made on the platform are done peer to peer. This means that the seller is responsible for independently arranging the transport of the purchased item to the buyer. Additionally, the portal is not responsible for any damage that may occur to the item during transport between the buyer and seller.
Participating in trade on our platform means that you agree to the rules outlined in this terms of service. This means that you are committing to comply with all provisions of the terms of service, including those related to buying and selling and liability for any violations. By agreeing to the terms of service, you also accept the right to change and adjust the terms of service to the current needs of the platform.
COPYRIGHT
Copyright refers to the legal protection granted to creators of original works, such as literary, dramatic, musical, artistic, and certain other intellectual works. This protection is granted by the government and gives the copyright holder exclusive rights to reproduce, distribute, and display their work, as well as to create derivative works. Copyright laws vary by country, but generally last for a certain period of time after the author's death. It is important to note that copyright infringement occurs when someone uses a copyrighted work without permission from the copyright holder.
uni.decentral-Art respects copyrights and expects its users to do the same. If someone continually violates copyrights or is suspected of doing so, uni.decentral-Art will take steps to resolve the situation.
LINKS
uni.decentral-Art may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.
uni.decentral-Art has no control over and assumes no responsibility for the content, privacy policies or practices of any third party sites or services.
It should be noted that uni.decentral-Art is not responsible for the availability, accuracy, or content of third-party sites. uni.decentral-Art does not endorse the content, products, or services available on these sites. The user assumes sole responsibility for using these third-party sites and bears the risk associated with using them.
TERMINATION and ACCOUNT CANCELATION
If you do not adhere to the rules set out in the terms of service, uni.decentral-Art may decide to suspend or terminate your account without prior notice. Uni.decentral-Art has the right to revoke access to services, platform content and user content at any time, without giving a reason. In case of termination of the terms of service due to your fault, you will still be liable for any outstanding obligations. You may also choose to terminate your account by sending an email to [email protected].
CHANGES
We reserve the right to change descriptions or references to artworks, products, subscriptions, software or services without prior notice. We may also limit the quantities of these items and decide whether to honor any coupons or promotions or not. We also reserve the right to refuse service to any person only access to the portal, but we cannot block or interfere with tokens already minted as NFTs on the blockchain. Additionally, we cannot change the amount of the reward or the amount of transactions recorded in the smart contract.
INDEMNITY
You agree to protect and indemnify uni.decentral-art, Corbally Concepts Limited, its representatives, directors, employees, and agents from any claims, obligations, damages, losses, and expenses, including reasonable legal and accounting fees, that may arise from or be related to your access or use of the Services, Content of uni.decentral-art, Corbally Concepts Limited or Content of members or your violation of these Terms.
Limitation of Liability
You agree to assume full responsibility for the risk associated with using the Services, uni.decentral-art Content and Member Content to the extent permitted by law. Uni.decentral-art and other entities associated with creating, producing or delivering the Services, uni.decentral-art Content or Member Content are not liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, or for any damages related to personal injury, emotional distress or other issues that may arise from the use of the Services, uni.decentral-art Content or Member Content.
Uni.decentral-art shall not be liable for any damages arising out of or in connection with your use of its services, content or member content, exceeding: (i) if you are a member who sold original artworks or hold a license for digital works and received a share of artist revenue from the sale of printed works, the total amount of payment made or acknowledged by uni.decentral-art for the sale of original artworks and/or for the sale of printed works based on licensed digital works in the three (3) months preceding the date of the claim arising out of or in connection with these terms; and (ii) if you are a member who purchased original artworks or printed works, the total amount of payment made to uni.decentral-art for the original artworks and/or printed works that are the subject of the claim. These limitations of damages are fundamental elements of the agreement between uni.decentral-art and you.
CONTENT
A user who creates NFT tokens on the uni.decentral-Art platform agrees that the platform may use these tokens and the content associated with them for marketing purposes. This means that uni.decentral-Art has the right to share various types of content such as text, graphics, audio, video, and artwork images that have been posted on the platform by users. Some of this content may be the property of uni.decentral-Art, while others may be shared on the basis of a license from third parties. All of this content will be referred to as "uni.decentral-Art Content" and "uni.decentral-Art Licensed Content". The uni.decentral-Art platform has the right to use this content for promotional and advertising purposes.
Uni.decentral-Art allows the user to download, view and print content posted on the platform only for personal use while using the services and, if a member, for the purpose of exercising rights granted to members in accordance with the terms of the agreement. As for the content covered by the uni.decentral-Art license, the scope of rights to it is determined in the appropriate license regulating the use of such content, indicated in the services where these content appear. None of the provisions of the terms and conditions are intended to change, limit or restrict the scope of user rights to content covered by the uni.decentral-Art license. No license or rights are granted to the user in any way regarding intellectual property rights owned or controlled by uni.decentral-Art or their licensors.
Users of the uni.decentral-Art platform may use content such as text, graphics, audio, video, and images of artwork that they have uploaded to the platform for marketing purposes. Through the use of the Affiliate page, users can share their works and content with other users and also earn from them by sharing them on their own or other social media or other places on the web. Sharing content on social media is also allowed for users through the Affiliate page, which is used to earn. https://uni.decentral-art.com/affiliate
PROHIBITIONS
You agree not to do any of the following
Introduction of any content that infringes copyright or other intellectual property rights or violates the privacy of others. Using the Services for commercial purposes without prior written consent from uni.decentral-Art. Introduction of any content that is offensive, inappropriate, obscene, illegal, or dangerous. Hiding one's identity or presenting oneself as another person while using the Services. Introduction of any content that does not belong to the user or that has not been obtained legally. Introduction of any content that may in any way damage, block, overload, or interfere with the operation of the Services or the uni.decentral-Art infrastructure. Using the Services in a manner that is contrary to applicable law or regulations. Any attempts to gain unauthorized access to another user's account or to any part of the Services. Any attempts to take control of the Services or the uni.decentral-Art infrastructure. Any attempts to exploit vulnerabilities in the Services or the uni.decentral-Art infrastructure
It is prohibited to send unsolicited or unauthorized advertisements, promotional materials, e-mails, spam, chains or other forms of harassment. It is also prohibited to use meta tags or other hidden text without the express permission of uni.decentral-Art. Using the services, content of uni.decentral-Art or content of members for commercial or third-party benefit purposes is prohibited. It is also prohibited to falsify the TCP/IP packet header or any part of the header information in an e-mail, or to use the services, content of uni.decentral-Art or content of members to send modified, deceitful or false information. It is also prohibited to attempt to decrypt, decompile, disassemble or reverse engineer any software used to provide the services, content of uni.decentral-Art or content of members. It is also prohibited to attempt to disrupt access to the user, host or network, to collect or store personal data obtained from the services without express permission, to impersonate or falsely represent one's associations with any person or entity, to violate applicable law or regulations, or to encourage or enable anyone else to perform any of the above actions.
LOTTERY AND COMPETITIONS
The uni.decentral-Art platform and users offer their customers the opportunity to create and participate in various lotteries, contests and other promotions organized through their tools and services. To participate in such promotions, you must carefully read the rules of each, as they may contain important information regarding the rights of the uni.decentral-Art company and the ownership of materials that will be submitted by the participant. In case the promotion rules conflict with the terms of use of uni.decentral-Art services, the promotion rules apply.
INFORMATION ON APPLICABLE REGULATIONS
According to the Heritage Act 1995, which regulates the protection of cultural heritage in Ireland, it is necessary to impose penalties on individuals who do not comply with the regulations on the protection of cultural heritage if the artworks offered on the portal come from Ireland.
TAXES
In these Terms, all prices, fees, and other amounts related to the Services are stated in ART token and converted to US dollars. These amounts do not include taxes such as sales tax, use taxes, tariffs or duties that may be imposed by government tax authorities in connection with transactions of buying, selling, and licensing.
If you are buying original works of art or printed works, you should be aware that taxes from your country may be added to the price if required or permitted by law. Both parties will be responsible for complying with any tax obligations imposed on them by applicable law. Both parties will cooperate in providing each other with the necessary documents or forms to fulfill their tax obligations or take advantage of any tax reliefs available in their country.
The responsibility for determining what taxes apply to your purchases, sales, and transfers of NFTs in your country is yours. Therefore, it is important to be familiar with the tax laws of your country. If you have any questions about taxes related to NFTs, we recommend consulting with a professional tax advisor who will help you resolve any doubts.
In the context of buying, selling, and transferring NFTs, it is important to remember that you are responsible for determining what taxes may apply to your transactions. Analyzing these actions on the blockchain can be difficult, but fortunately, there are specialists who can help you. Therefore, we recommend consulting with a tax advisor who is a specialist in taxes in your country.
If you have any questions about these Terms, please contact Corbally Concepts Limited Art at [email protected].
If you have a complaint, you may contact our legal department at uni.decentral-Art: Corbally Concepts Limited
Attention: Legal Department Coliemore House, Coliemore Road, Dalkey, A96A8D5, Co Dublin, Ireland.
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