Terms and conditions

ArtCollectingSpace provides its services to you (“you” or “User”) through its website located at www.artcollecting.space (the “dApp”), subject to the following Terms of Service (as amended from time to time, the “Terms”). By signing up for an account on the dApp or otherwise using or accessing the dApp, you acknowledge that you have read and agree to these Terms. The Privacy Policy and all such additional terms, guidelines, and rules as set forth on the dApp are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by the User.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than three (3) days after they are posted, except that changes addressing new functions of the dApp will be effective immediately. Your continued use of the dApp and after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

ArtCollectingSpace is a Tezos-based dApp for Creators and Collectors to sell, purchase, list for auction, make offers, and bid (each a “Transaction”) on NFTs represented on the dApp.

Every NFT on ArtCollectingSpace is represented on smart contracts on the Tezos blockchain that provides an immutable ledger of all transactions that occur on ArtCollectingSpace (“Smart Contracts”). This means that all NFTs are outside of the control of any one party, including ArtCollectingSpace, and is subject to many risks and uncertainties. We neither own nor control crypto wallets (Temple Wallet, Kukai etc.), crypto stocks (CoinBase, Binance, CEX.IO etc.), the Tezos network, your browser, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the dApp. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. The User understands that your Tezo public address will be made publicly visible whenever you engage in a transaction on the dApp.

While ArtCollectingSpace offers services to buy and sell NFTs, it does not buy, sell, or ever take custody or possession of any NFTs. The dApp facilitates User collection of NFTs.

The dApp is not a custodian of any NFT. The User understands and acknowledges that the Smart Contracts do not give ArtCollectingSpace custody, possession, or control of any NFT or cryptocurrency at any time for the purpose of facilitating transactions on the Platform. You affirm that you are aware and acknowledge that ArtCollectingSpace is a non-custodial service provider. As a virtual place to buy and sell NFTs (marketplace, auctions place), ArtCollectingSpace cannot make any representation or guarantee that Creators will achieve any particular outcome as the result of listing their NFTs on ArtCollectingSpace.

Anyone can browse ArtCollectingSpace without registering for an account. You may be required to register with ArtCollectingSpace in order to access and use certain features on the dApp, such as participating in auctions as a Creator or Collector. If you choose to register for the dApp, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration form. Registration data and certain other information about you are governed by our Terms and Conditions and Privacy Policy. You must be at least 18 years old to register for an account and to place a bid on any NFT. If you are less than 18 years old, you must have the expressed permission of a parent or legal guardian who can accept these Terms on your behalf. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account.

You are responsible for maintaining the confidentiality of your account and all activities that occur under your account. You agree to (a) immediately notify ArtCollectingSpace of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing ArtCollectingSpace. ArtCollectingSpace will not be liable for any loss or damage arising from your failure to comply with this Section.

In order to participate as a Creator or Collector, you must connect to a Tezoz wallet. All transactions on ArtCollectingSpace are in Tezos cryptocurrency, XTZ.

When using ArtCollectingSpace, no User is allowed to:

  • manipulate the price of an NFT in any way, including bidding on your own NFTs, preventing bidding, or using ArtCollectingSpace to conceal economic activity.
  • upload any content that (1) infringes any intellectual property or other proprietary rights of any party; (2) you do not have a right to upload under any law or under contractual or fiduciary relationships; (3) poses or creates a privacy or security risk to any person; (4) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (5) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (6) in the sole judgment of ArtCollectingSpace, is objectionable or which restricts or inhibits any other person from using or enjoying the dApp.
  • interfere with or disrupt the dApp or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the dApp; or violate any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism;
  • use any parser, robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the dAppor the content posted on the dApp , or to collect information about its Users for any unauthorized purpose;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • access or use the dApp for the purpose of creating a product or service that is competitive with any of our products or services.

The Creator hereby acknowledges, understands, and agrees that launching an NFT (or digital artwork) on ArtCollectingSpace implies granting a Creative Commons License to ArtCollectingSpace, its affiliates and successors a non-exclusive, world-wide, assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute the NFT, its fragments or previews on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the dApp, or any other purpose related to ArtCollectingSpace, including without limitation, the express right to: (1) display or perform the NFT on the dApp, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (2) create and distribute digital or physical derivative NFT based on the Digital Artwork; (3) indexing the NFT in electronic databases, indexes, catalogues; and (4) hosting, storing, distributing, and reproducing one or more copies of the Digital Artwork within a distributed file keeping system, node cluster, or other database (e.g., IPFS) or causing, directing, or soliciting others to do so.

Creators expressly represent and warrant that their digital artwork listed on ArtCollectingSpace contains only original content otherwise authorized for use by the Creator, and does not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Creator, not authorized for use by the Creator, not in the public domain, or otherwise without a valid claim of fair use, the Creator further represents and warrants that it has permission to incorporate the unoriginal content.

Collectors receive a cryptographic token representing the Creator’s Digital Artwork as a piece of property, but do not own the creative work itself. Collectors may display and share the Digital Artwork, but Collectors do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Digital Artwork, excepting the limited license to the Digital Artwork granted by these Terms.

Upon collecting a Digital Artwork, Collectors receive a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to display the Digital Artwork legally owned and properly obtained by the Collector.

The Collector agrees that it may not, nor permit any third party, to do or attempt to do any of the foregoing without the Creator’s express prior written consent in each case: (1) modify, distort, mutilate, or perform any other modification to the Work which would be prejudicial to the Creator’s honor or reputation; (2) use the Digital Artwork to advertise, market, or sell any third party product or service; (3) use the Digital Artwork in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (4) incorporate the Digital Artwork in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for your Collector’s personal, non-commercial use; (5) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Digital Artwork; (6) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Digital Artwork; (7) attempt to mint, tokenize, or create an additional cryptographic token representing the same Digital Artwork, whether on or off of the ArtCollectingSpace dApp; (8) falsify, misrepresent, or conceal the authorship of the Digital Artwork.

Collectors irrevocably release, acquit, and forever discharge ArtCollectingSpace and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for ArtCollectingSpace use of a Digital Artwork in accordance with these Terms.

Under no circumstances will ArtCollectingSpace be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that ArtCollectingSpace does not pre-screen content, but that ArtCollectingSpace will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the dApp. You agree that you must evaluate, and bear all risks associated with, the use of any content and the purchase of any Digital Artwork, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the dApp: With respect to the content, Digital Artwork, or other materials you upload through the Platform or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant ArtCollectingSpace and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Platform or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.

ArtCollectingSpace will process and investigate notices of alleged infringement and will take appropriate actions. A notification of claimed copyright infringement should be emailed to ArtCollectingSpace CEO marina@artcollecting.info