TERMS AND CONDITIONS
Last revised: 5 march 2022
1. Acceptance of Artdot-Tech™© Ecosystem Terms; Modification of Artdot-Tech™© Ecosystem Terms
Welcome to the Artdot-Tech™© Ecosystem owned and operated by Artdot-Tech™©, whose contact is contact@artdottech.com (““The Author””, “we”, “us”, or “our”). These Terms and Conditions (“Artdot-Tech™© Ecosystem Terms”) constitute a legally binding agreement between “The Author” and each registered or unregistered end user (each, a “User”, “you” or “your”) of the Artdot-Tech™© Ecosystem located at http://www.artdottech.com/ or such other URL as may be designated by “The Author” from time to time, as well as any mobile apps or other related services or applications thereto (collectively, the “Artdot-Tech™© Ecosystem”). Artdot-Tech™© Ecosystem is considered part of the “Artdot-Tech™© Services” as defined in the Artdot-Tech™© Terms of Use (“Artdot-Tech™© Terms”) set forth here. “The Author” is an “Artdot-Tech™© Operator” under the Artdot-Tech™© Terms. The Artdot-Tech™© Terms are incorporated by reference into these Artdot-Tech™© Ecosystem Terms, and also govern your use and access of the Artdot-Tech™© Ecosystem. In the event of a conflict between these Artdot-Tech™© Ecosystem Terms and the Artdot-Tech™© Terms, the Artdot-Tech™© Ecosystem Terms will supersede and control. Please carefully review these Artdot-Tech™© Ecosystem Terms and the Artdot-Tech™© Terms. By accessing and using the Artdot-Tech™© Ecosystem (including by purchasing or bidding on any items herein), you are deemed to have read, accepted, executed and agreed to be bound by these Artdot-Tech™© Ecosystem Terms (including the Artdot-Tech™© Terms as incorporated by reference herein). We may change or amend the Artdot-Tech™© Ecosystem or these Artdot-Tech™© Ecosystem Terms at any time at our sole and absolute discretion. Any changes to these Artdot-Tech™© Ecosystem Terms will be in effect as of the “LAST REVISED” date referred to at the top of this page. You acknowledge and agree that the form and nature of the Artdot-Tech™© Ecosystem, and any part of it, may change from time to time without prior notice to you, and that we may add new or remove existing features and change any part of the Artdot-Tech™© Ecosystem. IF ANY PROVISION OF THESE ARTDOT-TECH™© ECOSYSTEM TERMS OR THE ARTDOT-TECH™© TERMS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE ARTDOT-TECH™© ECOSYSTEM. YOUR CONTINUED USE OF THE ARTDOT-TECH™© ECOSYSTEM FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF SERVICE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE. ARBITRATION NOTICE: THE ARTDOT-TECH™© TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND “THE AUTHOR” AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND “THE AUTHOR” WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Overview of the Artdot-Tech™© Ecosystem
The Artdot-Tech™© Laboratory Platform and the Artdot-Tech™© Ecosystem provide you with the opportunity to create (or as we call it, mint), sell, purchase, bid on, collect, trade, showcase and otherwise transact digital Artdotchain collectibles, or blockchain collectibles which may be represented as a non-fungible token (“NFT”) linked with certain digital media and art (“NFT Media”) in the Artdot-Tech™© Ecosystem. We facilitate transactions between buyer and seller of Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies, but we are not a party to any agreement between buyer and seller of the Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies in the Artdot-Tech™© Ecosystem. We collect revenue on the Artdot-Tech™© Ecosystem via transaction fees and other applicable fees which we display when you interact with the Artdot-Tech™© Ecosystem. For the avoidance of doubt, the Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies transacted on the Artdot-Tech™© Ecosystem are considered “Digital Assets” as defined in the Artdot-Tech™© Terms. “The Author” reserves the right to be the final decision maker on any disputes arising from purchases via the Artdot-Tech™© Ecosystem, including in connection with any auctions or other purchase methods. For Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies Sellers: By minting, providing, or selling Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies through the Artdot-Tech™© Ecosystem, you hereby represent and warrant that you own all legal right, title and interest in all intellectual property rights to the NFT Media linked or associated with such Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies, or you are legally authorized by the intellectual property owner to mint, provide or sell the Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies on the Artdot-Tech™© Ecosystem. In order to list any Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies for sale on the Artdot-Tech™© Ecosystem, you must first create, convert or deposit the art to an Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, or deposit the Digital Currencies or Fiat Currencies in the Artdot-Tech™© Ecosystem and place it in escrow with “The Author” for sale or until you decide to remove it from the Artdot-Tech™© Ecosystem. For clarity, “The Author” has no obligation or liability to you for keeping, storing, or helping you recover any NFT Media associated with your Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies. For Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies Buyers: When you purchase an Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies, you own the Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies that is associated with certain NFT Media, but you do not own any intellectual property rights in such NFT Media except for the license grants expressly set forth herein. In certain cases, we may help to evaluate or provide you with information about a seller of an Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies. However, such information is provided for informational purposes only. You bear full responsibility for verifying the authenticity, legitimacy, identity of any Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies you purchase on the Artdot-Tech™© Ecosystem. We make no guarantees or promises about the identity, legitimacy, or authenticity of any Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies on the Artdot-Tech™© Ecosystem other than the Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies certified by “The Author”.
3. License to Your Content
In connection with your use of the Artdot-Tech™© Ecosystem, you may be able to post, upload, or submit content to be made available through the Artdot-Tech™© Ecosystem, including NFT Media that is tied to Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies you wish to sell on the Artdot-Tech™© Ecosystem as a seller, and any other content associated with your Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies (“Your Content”). You retain all rights to Your Content you post, upload, submit, or otherwise made available through the Artdot-Tech™© Ecosystem, except for rights expressly granted herein. In order to operate the Artdot-Tech™© Ecosystem, we must obtain from your certain license rights in Your Content so that actions we take in operating the Artdot-Tech™© Ecosystem are not considered legal violations. Accordingly, by using the Artdot-Tech™© Ecosystem and uploading Your Content or otherwise made Your Content available, you grant us a license to access, use, host, cache, store, copy, reproduce, transmit, display, publish, distribute, adapt and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content in any and all media or distribution methods (now know or later developed) but solely as required to be able to operate and provide services of the Artdot-Tech™© Ecosystem. You agree that this license includes the right for us to provide, promote, and improve the Artdot-Tech™© Ecosystem and to make Your Content available to other companies, organizations or individuals for the distribution, promotion or publication of Your Content on other media and services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to and pass these rights along to others with whom we have contractual relationships related to the provision of the Artdot-Tech™© Ecosystem, and solely for the purpose of providing the Artdot-Tech™© Ecosystem, and to otherwise permit access to disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other Users of the Artdot-Tech™© Ecosystem shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Artdot-Tech™© Ecosystem; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the Artdot-Tech™© Ecosystem. By posting or submitting Your Content to the Artdot-Tech™© Ecosystem, 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 Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. If you sell Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies through the Artdot-Tech™© Ecosystem, you grant to the buyer of the Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the NFT Media for such purchased Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies, solely for the following purposes: (a) for the buyer’s own personal use; (b) as part of a marketplace that permits the purchase and sale of such Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies, provided that the marketplace cryptographically verifies each Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies owner’s rights to display the NFT Media for their Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies to ensure that only the actual owner can display the NFT Media; or (c) as part of a third party website or application that permits the inclusion, involvement, or participation of your Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies, provided that the website/application cryptographically verifies each Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies owner’s rights to display the NFT Media for their Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies to ensure that only the actual owner can display the NFT Media and provided that the NFT Media is no longer visible once the owner of the Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies leaves the website/application (the “Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies Purchase License”). If you are a buyer of Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies, then you acknowledge and agree that the Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies Purchase License set forth above only lasts as long as you are the valid owner and holder of the Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies associated with the licensed NFT Media. If you sell or transfer the Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies to another person, Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies Purchase License will transfer to such other owner or holder of the Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies and you will no longer have the benefits of such Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies Purchase License. Unless otherwise specified by seller of an Artdot-Tech™© Ecosystem in writing, your purchase of an Artdot-Tech™© Ecosystem does not give you the right to publicly display, perform, distribute, sell or otherwise reproduce the Artdot-Tech™© Ecosystem or its related NFT Media for any commercial purpose. If you sell an Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies, you agree that you will not have any claims against “The Author” for any breach of these Artdot-Tech™© Ecosystem Terms by a purchaser, including if they make commercial use of the related NFT Media in breach of these Artdot-Tech™© Ecosystem Terms. We have the right to remove or refuse to post any of Your Content, including Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies, (a) for any or no reason in our sole discretion; and (b) take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these Artdot-Tech™© Ecosystem Terms, infringes any intellectual property right of any person or entity, threatens the personal safety of Users of the Artdot-Tech™© Ecosystem or the public, or could create liability for “The Author” or other Users.
4. Specific Terms for the Artdot-Tech™© Premium Platform and Creators
As part of the Artdot-Tech™© Ecosystem, “The Author” offers a premium platform (the “Artdot-Tech™© Premium Platform”) which only allows creators that are invited or otherwise approved by “The Author” (“Invited Creators”) to mint and sell Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies (the “Artdot-Tech™© Ecosystem Creators”) associated with their original NFT Media (the “Creator’s NFT Media”). “The Author” may enter into an addendum with any Invited Creator (a “Creator Addendum”) setting forth terms for using the Artdot-Tech™© Premium Platform as an Invited Creator. If there is a conflict between a Creator Addendum and these Artdot-Tech™© Ecosystem Terms, the provisions of the Creator Addendum shall take precedence for such Invited Creator. Invited Creator hereby grants to “The Author” a perpetual, irrevocable and exclusive right and license to use, reproduce, display the Creator’s NFT Media in connection with the promotion of the Creator’s NFT Media, the Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies and the Artdot-Tech™© Ecosystem. For clarity, unless otherwise specified in a Creator Addendum, the exclusive license granted above means that Invited Creator cannot itself grant to any other party any right to use, reproduce or display the Creator’s NFT Media in connection with non-fungible tokens or any other Artdotchain collectibles, blockchain collectibles, platforms or services. In order for “The Author” to exercise its rights to the Creator’s NFT Media, the Invited Creator will provide “The Author” with high-resolution images and other embodiments of such NFT Media as reasonably requested by “The Author”. “The Author” shall have the sole control over the promotion and marketing of the Creator’s NFTs, including the sole discretion to select certain Creator’s NFTs or Invited Creators to participate in events hosted by “The Author”. As reasonably requested by “The Author”, the Invited Creator will support “The Author” in the promotion or marketing of the Creator’s NFTs through participation in the marketing activities as agreed upon by the parties in a Creator Addendum. In connection with the promotion of the Creator’s NFTs, the Invited Creator hereby grants “The Author” a right to use the name, image, photo, biography, signature and likeness of the Invited Creator solely in connection with the marketing and promotion of the Creator’s NFTs. The Invited Creator will not engage in any promotion or marketing of “The Author”, the Artdot-Tech™© Ecosystem, or any Creator’s NFTs in a manner that is misleading or deceptive or not in compliance with applicable law. The Invited Creator must disclose any material connection between the Invited Creator and “The Author” in any such promotion in a clear and conspicuous manner, including in close proximity to any such marketing statements. The Invited Creator will not promote or market the Creator’s NFTs in a manner intended to give buyers the impression that such NFTs are investment products or that they can expect capital appreciation or derive profits from purchase of such NFTs, or indicate that such NFTs may be characterized as securities or any other form of regulated investment product in any applicable jurisdiction. If requested by “The Author”, the Invited Creator will reasonably cooperate with “The Author” to validate the authenticity of the Creator’s NFTs and the Creator’s NFT Media. The Invited Creator acknowledges and agrees that “The Author” will charge a platform fee which is 10% (or other percentage as provided in a Creator Addendum) of the purchase price for any sale of the Creator’s NFTs on the Artdot-Tech™© Premium Platform. For the avoidance of doubt, any use of or interaction with the Artdot-Tech™© Premium Platform by any User (including an Invited Creator) is governed by terms in this Section 4 and the rest of these Artdot-Tech™© Ecosystem Terms not in direct contradictory with terms in this Section 4.
5. Copyright Policy
“The Author” may, but is not obligated to, monitor the Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies, NFT Media and Your Content uploaded to the Artdot-Tech™© Ecosystem for any infringement of a third party’s intellectual property rights. However, “The Author” cannot undertake to review all such content before it is posted on the Service, and cannot ensure prompt removal of objectionable content after it has been posted. Accordingly, “The Author” assume no liability for any action regarding transmissions, communications, or content provided by any user or third party. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our legal department, by providing the following information in writing: identification of the copyrighted work that is claimed to be infringed; identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Artdot-Tech™© Ecosystem; information for our copyright agent to contact you, such as an address, telephone number and e-mail address; a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the Authorized person to act on behalf of the copyright owner; and the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. Notices of copyright infringement claims should be sent by mail to: legal@artdottech.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of Users who repeatedly infringe copyrights or intellectual property rights of others. Any User of the Artdot-Tech™© Ecosystem who has uploaded or posted materials identified as infringing as described above may supply a counter-notification. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by email) that sets forth: your name, address, telephone number, e-mail address and physical or electronic signature; identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
6. Verification and Payment
When you make purchases through the Artdot-Tech™© Ecosystem, including, without limitation, any purchase for Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies, you must provide and maintain valid payment information in connection with your Artdot-Tech™© Account (as defined in the Artdot-Tech™© Terms) with us. You represent and warrant that you are authorized to use the payment method you use via the Artdot-Tech™© Ecosystem to make any purchase. You authorize us to charge your payment method for the total amount of your purchase price. Your order may be suspended or cancelled for any reason, including if the payment method cannot be verified, is invalid or is otherwise not acceptable. Other payments terms for purchases are set forth in the relevant sections of the Artdot-Tech™© Terms INCLUDING ACCEPTING THE DAILY FT ARTDOT PRICE INDEPENDENTLY SET FOR ARTDOT-TECH™© AS THE VALUE AGREED ON AND ACCEPTED AS THE OFFICIAL VALUE FOR EXCHANGE WITH OTHER DIGITAL OR FIAT CURRENCIES BY ALL ARTDOT-TECH™© USERS AS SUCH VALUE IS NOT OBTAINED BY ANY SUPPLY AND DEMAND MARKET. We have no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in via the Artdot-Tech™© Ecosystem, or any other payment or transactions that you conduct via the Artdot-Tech™© Ecosystem. We do not provide refunds for any purchases that you might make on or through the Artdot-Tech™© Ecosystem – whether for Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies or anything else. 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 associated with your use of the Artdot-Tech™© Ecosystem or Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies, except for income taxes levied on us as a result of such purchases of Artdot-Tech™© NFT Artdot, Artdot-Tech™© FT Artdot, Digital Currencies or Fiat Currencies.
7. Assumption of Risks
Any purchase or sale you make, accept or facilitate outside of the Artdot-Tech™© Ecosystem of an NFT will be entirely at your risk. You acknowledge that you have obtained sufficient information to make an informed decision to purchase an NFT, including carefully reviewing the code of the smart contract and the NFT and fully understand and accept the functions of the same. We do not control or endorse purchases or sales of NFTs outside of the Artdot-Tech™© Ecosystem. We expressly deny and disclaim any liability to you and deny any obligation to indemnify you or hold you harmless for any losses you may incur by transacting, or facilitating transactions, in NFTs outside of the Artdot-Tech™© Ecosystem. Certain parts of the Artdot-Tech™© Ecosystem may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”). By using the Artdot-Tech™© Ecosystem, you acknowledge and agree that “The Author” is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials, or for any other materials, products, or services of third parties.
8. Contact
General questions or comments about the Artdot-Tech™© Ecosystem or these Artdot-Tech™© Ecosystem Terms should be by contacting the customer support team at https://artdottech.com/contact/