We may collect information reasonably capable of identifying you as an individual (“Personally Identifiable Information” or PII). PII does not include anonymous or de-identified aggregated information that does not identify you as an individual.
If you sign up to use our Platform, we collect your
The User may elect to provide their:
If you want to join the Arttaca as a Creator, we will require:
The Application Process may also collect:
We use the PII we collect from users to:
Data collected from Users may be put through algorithms to make decisions about User experiences, create and assign User profiles, and provide other services. No algorithms shall be used to make adverse decisions about Users unless it is to fulfil an affirmative duty to prevent criminal activity.
We use the information from artist applications to:
We rely on service providers to make some of the Platform’s features work, including our website providers or the companies that support the chat, intercom, or customer service features. These providers may have access to the PII we collect so they can do this work on our behalf. We work hard to ensure these providers only access and use your information as necessary to perform their functions. We do not guarantee that other platforms follow best privacy practices.
" }, "3": { "content": "We also collect basic analytics data through Cookies when you access or use the Platform. A “Cookie” is a small piece of data or text file stored on the local hard disk of your computer or mobile device. These include our own first-party Cookies and third-party Cookies. Some Cookies are only stored temporarily and destroyed each time you close your web browser. Others may remain on your browser and may collect and store data for a period of time after you have left the Platform.
If you wish to prevent cookies from tracking your activity on our Platform or visits across multiple websites, you can set your browser to block certain cookies or notify you when a cookie is set. For more information on how you can customise your browser’s Cookie setting please visit the link to your web browser below:
You may opt-out of interest-based advertising in general by visiting the Digital Advertising Alliance’s or Network Advertising Initiative’s websites. We are not responsible for the completeness, effectiveness, or accuracy of any third-party opt-out options or programs.
If you block cookies, some features that make the Platform function property may not work and your experience may be affected.
By using Arttaca you acknowledge that your PII, including your Ethereum wallet address, is stored on the publicly searchable Ethereum blockchain and that neither Arttaca, nor any third party, has any power to delete such data published by its User’s to the Ethereum blockchain. You hereby release and indemnify Arttaca Technologies Ltd. of any data privacy liability associated with data that you published to the Ethereum blockchain by using the Platform
No entity, including Arttaca Technologies Ltd., is capable of modifying or deleting data that is stored on the Ethereum blockchain. The details of your NFT-related transactions are public information and stored on the Ethereum blockchain in association with your Ethereum wallet addresses. Your username is publicly identified with your Ethereum wallet address on the Marketplace. If your account is ever deleted, then any transaction history on the Marketplace will display “anonymous” instead of your username.
By using the Platform as an Artist, you may voluntarily embed PII in the Metadata of any minted NFT(s) or in the media content referenced by the NFT. All information embedded in the Metadata will not be available for deletion and there is no reasonable expectation of privacy for any PII put in the Metadata or the media content referenced by the NFT. The Users and Parties associated with the minting, sale, transfer, and use of NFT(s) are solely responsible for ensuring their PII or other sensitive data are properly protected.
Excluding the limitations discussed in Section V and Section X of this notice, all users of the Platform have the right at any time to the following:
You can unsubscribe from commercial or marketing communications from us by contacting us at admin@arttaca.com or following the instructions at the bottom of any email you receive from us.
The Platform is not intended for use by children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13. If we learn we collected Personal Information from a child under 13 we will delete that information from our files.
" }, "7": { "content": "Our Privacy Notice only applies to our Platform and does not apply to third-party websites or services because we do not control those third parties. We are not responsible for the privacy practices or content of third-party websites. We encourage you to review the privacy policies of those third-party sites to learn about their practices or what rights you may have.
" }, "8": { "content": "If Arttaca Technologies Ltd. receives any notice of a complaint, dispute, or legal action against an artist, collector or Arttaca user then we may relay the necessary contact information of that user to the relevant parties. Necessary contact information includes, but is not limited to email addresses, phone numbers, social media handles, real names, usernames, and registered Ethereum addresses. Disputes include, but are not limited to contract, tort, right of publicity, privacy, trademark, copyright, or any other legal, regulatory, or administrative claim. By using the Arttacaplatform you waive any privacy expectations for your contact information if Arttaca Technologies Ltd. receives any notices of legal, administrative, or other types of complaint, dispute, or action related to your use of the platform.
In particular, the Digital Millennium Copyright Act (DMCA) sets forth a Notification and Counter-Notification process initiated by a party complaining of alleged copyright infringement on the Attack Platform. In addition to DMCA, for trademark disputes, or other intellectual property claims Arttaca Technologies Ltd. reserves the right to share information of the notifying, counter-notifying party, and any involved third parties, such as a Collector, of an allegedly infringing artwork to facilitate communication between the relevant parties for the purposes of complying with or resolving a DMCA dispute or allegation of intellectual property infringement. As stated in our Terms of Service, the Arttaca Technologies Ltd. policy is to allow parties to resolve intellectual property, contract, or any other dispute between those parties without any involvement of Arttaca Technologies Ltd..
" }, "9": { "content": "Nothing in this Privacy Notice restricts our ability to:
Our commitment to preserving your privacy will not change, but our Platform may evolve. The effective date of each version is identified above. If we make material changes to this Privacy Policy, we will use reasonable means to inform you and, where necessary, obtain your consent. This Privacy Policy and the accompanying internal policies are updated annually.
" }, "11": { "content": "If you have questions about this Notice or how we treat your Personal Information, please contact us at admin@arttaca.com.
" } } }, "termServices": { "title": "Terms of Service", "dateTime": "01/08/2022", "welcome": "Welcome", "introduce": { "0": "Arttaca Technologies Ltd. (“Arttaca,” “we,” “us,” “our”) provides its marketplace and services (as further described below) to you (“you” or “User”) through its website, platform, and marketplace located at www.arttaca.com (the “Platform”), subject to the following Terms of Service (as amended from time to time, the “Terms”). By signing up for an account on the Platform or otherwise using or accessing the Platform, you acknowledge that you have read and agree to be subject to these Terms. The Privacy Policy and all such additional terms, guidelines, and rules as set forth on the Platform are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by the User.", "1": " PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ARTTACA ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. ", "2": "We reserve the right, at our sole discretion, to change or modify these Terms, in part or in whole, 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. We will also notify you of such changes and/or modification, either through the Platform user interface, an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days they are posted, except that changes addressing new functions of the Platform will be effective immediately. Your continued use of the Platform after the date any such changes become effective constitutes your acceptance of the new Terms of Service." }, "orderedList": { "0": { "content": "Arttaca provides a platform for Users, including artists (“Creators”) and collectors (“Collectors”), to sell, purchase, list for auction, make offers on, and bid on (each a “Transaction”) Digital and/or Physical Artwork (as defined below).
Artists need to apply to become a Creator on Arttaca. Arttaca maintains complete discretion in selecting the artists in its marketplace, and makes no guarantees or promises that any artists will be approved as Creators even if Arttaca solicited/initiated the request.
" }, "4": { "content": "The Creator owns all legal right, title, and interest in all intellectual property rights of the content underlying the Digital and/or Physical Artwork minted by the Creator on the Platform (such underlying content, the “Art Content”) and any content specific to a Collection that is not the Digital and/or Physical Artwork within a Collection (“Collection Content”), including but not limited to copyrights and trademarks in the Art Content and Collection Content. As the copyright owner, the Creator has the right to reproduce, prepare derivatives of, distribute, and display or perform the Art Content and Collection Content.
The Creator hereby acknowledges, understands, and agrees that selling such Digital and/or Physical Artwork on the Platform constitutes an express representation, warranty, and covenant that the Creator (a) has not sold, tokenized or created another cryptographic token, and (b) will not, and will not cause another to, sell, tokenize, or create another cryptographic token, in each case representing a digital collectible for the same Art Content underlying such Digital and/or Physical Artwork. The Creator agrees to strictly adhere to the number of editions of said Digital and/or Physical Artwork, and shall not mint or create more editions than specified at the minting and listing stage to be sold on or outside of Arttaca, once there had been purchases of said Digital and/or Physical Artwork.
By launching any Digital and/or Physical Artwork on the Platform, the Creator hereby expressly and affirmatively grants to the Collector and, to the extent applicable, any subsequent Collector in a Secondary Sale (as defined below) a licence pursuant to Section 5(c)(ii) below.
The Creator agrees that Arttaca will not be responsible for any damages, misrepresentation or problems with the Digital and/or Physical Artwork unless such pieces were handled by Arttaca and it can be proved that such damages or problems are results of negligence on Arttaca’s part.
Creator expressly represents and warrants that its Art Content underlying any Digital and/or Physical Artwork launched on the Platform and Collection Content contain only original content otherwise authorised for use by the Creator, and do not contain unlicensed or unauthorised copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Creator, not authorised 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, to the extent such permission is legally required.
By minting NFT+s (NFTs with both a digital and physical presence, i.e. Digital Token (NFT) linked to a Physical Artwork), the Creator transfers all rights, title, and interest in the Artwork to the bearer of the Digital Token (NFT). The bearer of the Non-Fungible Token shall hold full ownership of the Artwork, including but not limited to the rights of possession, display, and sale. This transfer is absolute and irrevocable, and the ownership of the artwork is henceforth determined by the physical possession of this document. The legal terms and conditions can also be found in the metadata of the Non-Fungible Token.Artwork with Physical Certificates: If an Artwork includes a physical certificate, you shall include a complete copy of that certificate with the Artwork’s documentation upon registration. Failure to include a complete copy of a physical certificate with an Artwork upon registration constitutes your representation, warranty and covenant to Arttaca and to Collectors that no such physical certificate exists, and that, in the event one later appears, it shall in no way affect any terms included in the NFT+, these Terms of Service or any Transfer Agreement. If you register an Artwork that includes a physical certificate, any terms contained in that certificate (“Pre-existing Artwork Terms”) shall be interpreted to be consistent with the terms of the NFT+ to the extent possible. But to the extent there is an irresolvable conflict between any Pre-existing Artwork Terms and the terms of the NFT+, the Pre-existing Artwork Terms shall control solely to the extent they are readily apparent in the documentation for the Artwork as registered on the Platform, and all other terms of the NFT+ shall continue to apply. Subject to the foregoing, you agree that the terms of the NFT+ will prevail over any other document regarding title to, ownership of and authenticity of the corresponding Artwork.
Collection: On the Platform, a Creator can mint new Digital and/or Physical Artworks into a unique smart contract that represents a collection of such Digital and/or Physical Artworks (a “Collection”). Collection Smart Contract is wholly owned by the Creator that minted the Collection and cannot be sold or traded. However, the individual Digital and/or Physical Artworks in a Collection can be sold in accordance with these Terms. The terms and mechanics of Collection are set forth here.
User hereby acknowledges, understands, and agrees that by launching, listing, or selling any Digital and/or Physical Artwork (including Non-Arttaca Artwork (as defined below)) on the Platform, User hereby expressly and affirmatively grants to Arttaca, and its Affiliates (as defined below) and its and their successors, a non-exclusive, world-wide, transferable, sublicensable, perpetual, irrevocable, and royalty-free licence to (a) reproduce, display, perform, distribute and transmit the Art Content or Non-Arttaca Content (as defined below) underlying such Digital and/or Physical Artwork, and Collection Content, for the purpose of operating and developing the Platform, and (b) use and incorporate the Art Content or Non-Arttaca Content underlying such Digital and/or Physical Artwork, and Collection Content, or derivative works of any of the foregoing, on any marketing materials, and to reproduce, display, perform, display and transmit such marketing materials on any media whether now known or later discovered for the purposes of operating, promoting, sharing, marketing, and advertising the Platform. The foregoing licences include, without limitation, the express rights to: (i) display or perform the Art Content or Non-Arttaca Content underlying such Digital Artwork, and Collection Content, on the Platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) index the Art Content, Non-Arttaca Content and Collection Content in electronic databases, indexes, and catalogues; and (iii) host, store, distribute, and reproduce one or more copies of such Art Content and Collection Content within a distributed file keeping system, node cluster, or other database (e.g., IPFS) or cause, direct, or solicit others to do so. For purposes hereof, “Affiliate” means an entity which, directly or indirectly, owns or controls, is owned or is controlled by or is under common ownership or control with Arttaca.
i) The Collector receives a cryptographic token representing the Creator’s Art Content as a piece of property, but does not own the Art Content itself or any intellectual property rights therein. The Collector may display and share the Art Content, but the Collector does not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Art Content, except the limited licence to the Art Content granted by these Terms.
iii) The Collector agrees that Arttaca will not be responsible for any damages, misrepresentation or problems with the Digital and/or Physical Artwork unless such pieces were handled by Arttaca and it can be proved that such damages or problems are results of negligence on Arttaca’s part.
iv) In order to protect Creators and subsequent buyers. The Collector hereby acknowledges, understands, and agrees to NOT sell or trade NFT+s (Non-Fungible Tokens with both a digital and physical presence, i.e. Digital Tokens (NFTs) linked to Physical Artworks) on third party marketplaces or directly to interested parties outside of the platform. The Collector also hereby agrees not to decouple the Digital Tokens (NFTs) from the Physical Artworks in the event of a sale or trade. NFT+s are created as a single unit of a Digital Token with Physical Artworks. Violations of this agreement entitles Arttaca to a claim of damages to Arttaca’s brand image for no less than USD $50,000 in which half of the sum goes to the original Creator or the Creator’s estate. Requests to sell or trade NFT+s on third party marketplaces or directly to interested parties might or might not be granted to Collectors, please email admin@arttaca.com (Subject line: “NFT+ Re-sell Request”).
v) For NFT+s (NFTs with both a digital and physical presence, i.e. Digital Token (NFT) linked to a Physical Artwork) the Collector hereby acknowledges, understands, and agrees not to remove or temper with the NFC tag/sticker attached to the Physical Artwork or any form of Proof-of-Authentication. In the incident where the NFC tag/sticker is removed or tampered with, Arttaca or the Creator will not be held responsible for any reduction in value of the NFT+s. Arttaca is entitled to refuse Collectors’ requests to replace or repair removed or damaged NFC tag/sticker. Violations of this agreement entitles Arttaca to a claim of damages to Arttaca’s brand image for no less than USD $50,000 in which half of the sum goes to the original Creator or the Creator’s estate.
The Collector hereby acknowledges and understands that for NFT+s (NFTs with both a digital and physical presence, i.e. Digital Token (NFT) linked to a Physical Artwork), the Digital Token will become the legal deed for the ownership of the Physical Artwork linked to the token.
Holder/holders of the Digital Token (Non-Fungible Token) has ownership of the Artwork, including but not limited to the rights of possession, display, and sale. This transfer is absolute and irrevocable, and the ownership of the artwork is henceforth determined by the physical possession of this document. Therefore, the Collector must safeguard the Digital Token and avoid disputes over ownership.
vii) While the Collector has the right to sell, trade, transfer, or use their Digital and/or Physical Artwork, the Collector may not make commercial use of the Digital and/or Physical Artwork or its underlying Art Content.
viii) If a Collector sells, trades or transfers its Digital and/or Physical Artwork to a subsequent Collector, regardless of whether on or off the Platform, such Collector represents and warrants that it will (i) notify the subsequent Collector of these Terms and (ii) require the subsequent Collector to comply with these Terms.
ix) The Collector agrees that it will not, and will not 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: (i) modify, distort, mutilate, or perform any other modification to the Art Content (Digital and/or Physical Artwork) which would be prejudicial to the Creator’s honour or reputation; (ii) use the Digital and/or Physical Artwork or underlying Art Content to advertise, market, or sell any third party product or service; (iii) use the Digital and/or Physical Artwork or underlying Art Content 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; (iv) incorporate the Digital and/or Physical Artwork or underlying Art Content 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 Collector’s personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialise merchandise that includes, contains, or consists of the Digital and/or Physical Artwork or underlying Art Content; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Digital and/or Physical Artwork or underlying Art Content; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same Digital and/or Physical Artwork or underlying Art Content, whether on or off of the Platform; (viii) falsify, misrepresent, or conceal the authorship of the Digital and/or Physical Artwork or underlying Art Content; or (ix) otherwise utilise any Art Content or, except as expressly permitted under these Terms, the Digital and/or Physical Artwork for the Collector’s or any third party’s commercial benefit. Collector agrees that it receives no rights to any Collection Content and will not use, copy, distribute or otherwise exploit the Collection Content in any manner.
x) Collector irrevocably releases, acquits, and forever discharges Arttaca and its Affiliates and it and their officers and successors of any liability for direct or indirect copyright or trademark infringement for Arttaca’s use of any Digital and/or Physical Artwork or underlying Art Content, or any Collection Content, in accordance with these Terms.
xi) Digital and/or Physical Artwork on the Platform that was minted on or by a third party platform or service (“Non-Arttaca Artwork”) and the intellectual property rights of the content underlying such Non-Arttaca Artwork (“Non-Arttaca Content”) may be subject to separate licence or other terms granted in connection with the initial sale of such Non-Arttaca Artwork (“Non-Arttaca Artwork Terms”), in which case those Non-Arttaca Artwork Terms will govern in connection with such content and materials, provided that in the event of any conflict between the Non-Arttaca Artwork Terms and these Terms that are not specific to a Collector’s rights to use or otherwise exploit the Non-Arttaca Content, these Terms shall govern and control as between you and Arttaca. Subject to the foregoing, if you purchase any Non-Arttaca Artwork, you agree to comply with the Non-Arttaca Artwork Terms.
You acknowledge and agree that the Platform may contain content or features (“Platform Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by Arttaca, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Platform Content, in whole or in part. In connection with your use of the Platform you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Arttaca from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform or the Platform Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are the property of Arttaca, our Affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Arttaca.
The Arttaca name and logos are trademarks and service marks of Arttaca Technologies Ltd. (collectively the “Arttaca Trademarks”). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Arttaca. Nothing in these Terms or the Platform should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of Arttaca Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of Arttaca Trademarks will inure to our exclusive benefit.
Under no circumstances will Arttaca be liable in any way for any Digital and/or Physical Artwork, Art Content, Collection Content, Non-Arttaca Artwork, Non-Arttaca Content, Collection, or any other content or materials of any third parties (including Users), including, but not limited to, (i) for any errors or omissions in any content or materials, (ii) for infringement or violation of intellectual property or other rights in relation to such content or materials, (iii) for any promises, purported promises, or commitments made by other Users, or (iv) for any loss or damage of any kind incurred as a result of the use of any such content or materials or as a result of reliance on any such promises or commitments. You acknowledge that Arttaca does not pre-screen content, but that Arttaca has the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, Arttaca has the right to remove any content (and to terminate any licences granted with respect thereto) that is deemed by Arttaca, in our sole discretion, to violate these Terms or otherwise be objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content and the purchase of any Digital and/or Physical Artwork (including Non-Arttaca Artwork), including any reliance on the accuracy, completeness, or usefulness of such content.
With respect to the Digital and/or Physical Artwork, Art Content, Collection Content, Non-Arttaca Artwork, Non-Arttaca Content, Collection, or any other content or 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, or otherwise have all necessary rights under applicable law to all materials incorporated in the User Content to engage in Transactions. Excluding Art Content and Collection Content (which are licensed in Section 5(b) above), by uploading any User Content you hereby grant Arttaca and its Affiliates its and their successors a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable licence to copy, display, upload, perform, distribute, store, modify, transmit 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.
Any questions, comments, suggestions, ideas, feedback or other information about the Platform (“Submissions”), provided by you to Arttaca are non-confidential and Arttaca will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Arttaca may preserve User Content and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Arttaca, its Users and the public. You understand that the technical processing and transmission of the Platform, including User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Arttaca respects the intellectual property of others, and we ask our Users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Arttaca of your infringement claim in accordance with the procedure set forth below.
Arttaca will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Arttaca’s Copyright Agent at admin@arttaca.com (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
If you believe your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, Arttaca will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 14 calendar days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 14 to 21 calendar days or more after receipt of the counter-notice, at our sole discretion.
In accordance with the DMCA and other applicable law, Arttaca has adopted a policy of terminating, in appropriate circumstances and at Arttaca’s sole discretion, Users who are deemed to be repeat infringers. Arttaca may also at its sole discretion (i) limit access to the Platform and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement and (ii) terminate any Collector Licence related to a DMCA takedown notice.
Creator expressly agrees to refund to the Collector and/or Arttaca, at Arttaca’s direction, the entire portion of Fees (as defined below) received from the sale of any Digital and/or Physical Artwork that was subsequently removed from the Platform pursuant to an effective DMCA request to which the Creator failed to timely submit an effective DMCA Counternotification. Arttaca will not be held liable to any User for removing allegedly infringing works from the Platform or otherwise fulfilling its legal obligations under the DMCA. Creators, Collectors, and all Users expressly agree to cooperate and timely respond to Arttaca’s investigations, requests, and inquiries related to DMCA disputes or allegations of infringement.
Fees and Royalties. You agree and understand that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the smart contracts on the Ethereum blockchain network.
The Fees for an initial sale on the Platform of Digital Artwork launched on the Platform (“Initial Sale”) is as follows:
Our privacy policy is a part of these Terms. Please review the Arttaca Privacy Policy (https://arttaca.com/privacy-policy), which also governs the Platform and informs Users of our data collection practices.
" }, "7": { "content": "a) Indemnity and Release: You agree to release, indemnify and hold Arttaca and its Affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Platform, any User Content, your connection to the Platform, your violation of these Terms or your violation of any rights of another. You further agree that Arttaca shall have control of the defence or settlement of any third party claims. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of gross negligence or willful misconduct of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
b) Disclaimer of Warranties: Transactions, including but not limited to Initial Sales, Secondary Sales, Non-Arttaca Artwork Secondary Sales, listings, offers, bids, acceptances, and other operations utilise experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralised or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain (i.e., \"forks\"), which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or Digital and/or Physical Artwork, or lost opportunities to buy or sell Digital and/or Physical Artwork. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT ARTTACA AND ALL INDEMNITEES WILL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU IF (A) YOU ARE UNABLE TO LOCATE OR USE YOUR CREDENTIALS, (B) YOUR RIGHTS TO ANY DIGITAL AND/OR PHYSICAL ARTWORK, ART CONTENT OR COLLECTION CONTENT ARE TERMINATED OR (C) ANY THIRD PARTY MAKES ANY CLAIM AGAINST YOU IN RELATION TO ANY DIGITAL AND/OR PHYSICAL ARTWORK, ART CONTENT OR COLLECTION CONTENT, INCLUDING ANY CLAIM OF INFRINGEMENT OR VIOLATION OF INTELLECTUAL PROPERTY OR OTHER RIGHTS. ARTTACA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ARTTACA MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, PLATFORMS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.
c) Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARTTACA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, LOSS IN VALUE OF ANY DIGITAL AND/OR PHYSICAL ARTWORK, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ARTTACA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORMS RESULTING FROM ANY DIGITAL AND/OR PHYSICAL ARTWORK, GOODS, DATA, INFORMATION OR PLATFORMS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE PLATFORM. IN NO EVENT WILL ARTTACA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE LESSER OF (I) THE AMOUNT YOU HAVE PAID ARTTACA IN THE LAST SIX (6) MONTHS, OR, (ii) ONE HUNDRED US DOLLARS (USD100).
d) Beta Platforms. Certain features on the Platform may be offered while still in “beta” form (“Beta Platforms”). Arttaca will utilise best efforts to identify the Beta Platforms by labelling on its Platform. By accepting these Terms or using the Beta Platforms, you understand and acknowledge that the Beta Platforms are being provided as a “beta” version and made available on an “as is” or “as available” basis. The Beta Platforms may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA PLATFORMS, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Platforms.SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR WITH THESE TERMS OF PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM. IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
You agree that Arttaca, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Platform and remove and discard any content within the Platform, for any reason, including, without limitation, for lack of use or if Arttaca believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Platform may be referred to appropriate law enforcement authorities. Arttaca may also in its sole discretion and at any time discontinue providing the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Arttaca may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platform. Further, you agree that Arttaca will not be liable to you or any third party for any termination of your access to the Platform.
" }, "9": { "content": "You agree that you are solely responsible for your interactions with any other Users, Creators, and Collectors in connection with the Platform and Arttaca will have no liability or responsibility with respect thereto. Arttaca reserves the right, but has no obligation, to become involved in any way with disputes between you and any other User of the Platform.
" }, "10": { "content": "These Terms constitute the entire agreement between you and Arttaca and govern your use of the Platform, superseding any prior agreements between you and Arttaca with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms will be governed by the laws of the Hong Kong Special Administrative Region without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Arttaca agree to submit to the personal and exclusive jurisdiction of the Hong Kong Special Administrative Region, China. The failure of Arttaca to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign the Terms without the prior written consent of Arttaca, but Arttaca may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Arttaca may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Platform.
" }, "11": { "content": "Under California Civil Code Section 1789.3, users of the Platform from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Arttaca Technologies Ltd.., 1602, Eastern Commercial Centre, 397 Hennessy Road, Wanchai, Hong Kong.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Arttaca, whether arising out of or relating to these Terms (including any alleged breach thereof), the Platforms, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Arttaca are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND ARTTACA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ARTTACA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOUR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution. Arttaca is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at admin@arttaca.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Arttaca should be sent to Arttaca Technologies Ltd.., 1602, Eastern Commercial Centre, 397 Hennessy Road, Wanchai, Hong Kong (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Arttaca and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Arttaca may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Arttaca or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Arttaca is entitled.
Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the jurisdiction of the Hong Kong Special Administrative Region, as modified by this Arbitration Agreement. For more information, please visit relevant websites. If there is any inconsistency between any term of the jurisdiction of the Hong Kong Special Administrative Region and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Arttaca and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by the arbitrator. If your claim is for USD10,000 or less, Arttaca agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the jurisdiction of the Hong Kong Special Administrative Region. If your claim exceeds USD10,000, the right to a hearing will be determined by the jurisdiction of the Hong Kong Special Administrative Region. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the jurisdiction of the Hong Kong Special Administrative Region, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is USD75,000 or less, at your request, Arttaca will pay all Arbitration Fees. If the value of relief sought is more than USD75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Arttaca will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Arttaca will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the jurisdiction of the Hong Kong Special Administrative Region.
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, Arttaca agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a User of the Platform, you may reject any such change by sending Arttaca written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).