Terms & conditions
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: 10/20/2021
Welcome to MetaverseArts. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org
NOTICE: Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the https://www.metaversearts.co.uk website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
1. WHO WE ARE
MetaverseArts is a first platform live on polygon blochain using ERC-721 standard. Algorithmically curated arts are generated on demand whereby users can engage in the minting, purchase and sale of digital merchandise and other products, also known as a non-fungible token (NFT).
1.2 The Services.
MetaverseArts’s websites and domains, and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us. We refer to all of these as our “Services.
Through the Services, MetaverseArts provides a marketplace for the owner of an NFT to mint their NFT for sale on opensea. Once the NFT owner is registered (“Owner”) with MetaverseArts's NFT, the Owner can organize, promote, market, manage, track, sell, distribute and collect sales proceeds for NFTs. We refer to Owners and other visitors, browsers and users of the Services collectively as “Users” or “you.” Those who purchase NFTs are referred to as “Buyers” or “you,” as the context determines.
1.4 Contracting Party.
The Services are being provided to you by, and you are entering into these Terms of Service with, MetaverseArts. For purposes of these Terms of Service, MetaverseArts shall be referred to as “MetaverseArts,” “us,” “we” or “our.”
1.5 Terms of Service.
SECTION 13 OF THESE TERMS OF SERVICE INCLUDES: (A) AN ARBITRATION PROVISION FOR USERS LOCATED IN THE UNITED STATES; (B) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST MetaverseArts FOR USERS LOCATED IN THE UNITED STATES; © CERTAIN DISCLAIMERS OF WARRANTIES ON BEHALF OF MetaverseArts; (D) CERTAIN LIMITATIONS OF LIABILITY FOR THE BENEFIT OF MetaverseArts; AND (E) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST MetaverseArts ARISING OUT OF DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.
2. YOUR ACCEPTANCE.
2.1 Binding Agreement.
You agree to these Terms of Service and you enter into a binding contract with MetaverseArts: (a) when you purchase our product by clicking “Minting” or similar buttons; (b) when an Owner posts an NFT on the MetaverseArts platform. If you do not agree to any portion of these Terms of Service, do not use or access the Services. If you will be using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms of Service, do not use or access the Services.
Except to the extent set forth in Section 13.11 below and as stated above, MetaverseArts reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms of Service (or any of the agreements that make up these Terms of Service) at any time.
We may translate these Terms of Service (or any of the agreements that make up, or are incorporated within, these Terms of Service) into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.
3. YOUR USE OF THE SERVICES.
3.1 The Services.
3.1.1 MetaverseArts hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable, limited right to access and use the Services solely for the purposes of (a) browsing the Services and searching for, viewing, registering for or purchasing NFTs; and/or (b) if you are an Owner, creating an Owner profile and other webpages with respect to, and promoting, marketing, managing, selling, distributing and collecting sales proceeds for NFTs, in each case (i) in compliance with these Terms of Service; and (ii) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations.
3.1.2 Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation); © rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner; (d) remove or alter any proprietary notices or labels on or in the Services; or (e) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.
3.2 Service Modification.
We are constantly evolving our products and services to better meet the needs of our entire user base. Because of this, we do not guarantee any set of product features or functionality and reserve the right at any time, and from time to time, to modify, suspend or discontinue, temporarily or permanently, any part of the Services for any reason. Because you only pay fees to MetaverseArtsas you use the Services, there would be no refund of fees already due following any such change to the Services.
4.1 Third-Party Websites.
The Services may provide, or Users may provide, links to other Internet websites or resources. Because MetaverseArts has no control over such websites and resources, you acknowledge and agree that MetaverseArts is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with MetaverseArts partners or third-party service providers.
5.1 Certain Restrictions.
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to other users of the Services. You agree (i) to use the Services in accordance with our Community Guidelines; and (ii) not to use the Services to:
a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize;
d) impersonate any person or entity, including, but not limited to, a MetaverseArts representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity;
h) upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale of NFTs;
i) upload, post, email, transmit or otherwise make available any Content that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of or to otherwise interact with the Services in a manner not permitted by these Terms of Service;
j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
k) attempt to probe, scan or test the vulnerability of any MetaverseArts server or network or breach any security or authentication measures, unless you are an authorized contractor of MetaverseArts specifically engaged to provide such services;
l) attempt to avoid or circumvent any technological measure implemented by MetaverseArts to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;
m) solicit any User to use a third-party service that competes with MetaverseArts;
n) advertise your NFT but complete sales independent of the Services in order to circumvent the obligation to pay fees related to the Services;
o) intentionally or unintentionally violate any applicable local, state, provincial, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets;
p) sell NFTs to which you have no rights;
q) collect credit card number, expiration date or CSC code or any other credit card information other than in the fields under “Payment” on the order payment page;
r) collect social security or insurance number, financial account number, driver license number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining MetaverseArts’s prior written consent; or
s) stalk or otherwise harass any person or entity.