TERMS AND CONDITIONS MARTAGALLERY - TOKENS
§ 1. PREAMBLE
https://martagallery.com is an online service that allows you to learn about the terms and conditions for the acquisition of Tokens created in the ERC standard (hereinafter referred to as "Token") under the rules set out in these Terms and Conditions, the Website, and other documents visible and made available through the Website, and to acquire them through third-party applications cooperating with the Website on the date of acquisition of Tokens (e.g. OpenSea, Rarible, Metamask, MarkersPlace).
These Terms and Conditions set out the rules for the use of the Website available at: https://martagallery.com, as well as the provision of electronic services through it. The Service Provider is the entity managing the Website, while the Users acquiring Tokens may establish relations on the basis of separate regulations or terms and conditions of service.
1.3 Terms and Conditions and other documents
Each User is obliged, as soon as he/she starts to use the Website, to comply with the provisions of these Terms and Conditions. The content of the Terms and Conditions is available to Users on the Website. The User is obliged to familiarise himself/herself with the content of these Terms and Conditions. Acceptance of these Terms and Conditions is voluntary, but is a condition for using the Website. The documents intended for the Users are made available in electronic form on the Website, in such a way that the Users may store and reproduce them in the course of their ordinary activities.
1.4 Acquisition of Tokens
The User hereby acknowledges and accepts that the Service Provider is the entity managing https://martagallery.com, while acquiring Tokens within the blockchain network (Ethereum or other equivalent) the User establishes a relationship on the basis of separate regulations or terms of service, including in particular but not exclusively on the basis of the information and documents presented on pages https://opensea.io/ or www.metamask.io or https://rarible.com/ or https://makersplace.com/ or https://nft.coinbase.com/ or others to which the Website currently redirects, towards the payment for the Tokens.
§ 2. DEFINITIONS
2.1 Service Provider - Marta Zawadzka, conducting business under the name MARTA ZAWADZKA MARTAGALLERY.COM, ul. Świętokrzyska, 30/55, 00-116 Warsaw, NIP: 9661556549;
2.2 User - a natural person, a legal person or an organisational unit without legal personality, to which separate acts grant legal capacity;
2.3 Website - the website located at https://martagallery.com;
2.4 Token - a term, referring to a unit of value of an asset in the ERC standard within the blockchain network (Ethereum or equivalent), entitling the holder to perform actions in accordance with the information contained on the Website and on the websites of third parties cooperating with the Website;
2.5 Token distribution process - means the process of issuing Tokens using blockchain technology, whereby it is possible for the User to acquire these Tokens;
2.6 ICT system - a set of cooperating IT devices and software, ensuring the processing and storage, as well as sending and receiving data via telecommunication networks by means of a terminal device appropriate for a given type of network.
§ 3. CONCLUSION OF THE CONTRACT
Upon acceptance of the Terms and Conditions, a contract for the provision of electronic services is concluded between the Service Provider and the User. The contract is concluded for an indefinite period of time. By entering into the Token Distribution Process, the User enters into the Agreement for the provision of electronic services and confirms that he/she has familiarised himself/herself with the Terms and Conditions, and also has familiarised himself/herself with in particular:
1) Regulations of third parties that participate in the Token Distribution Process, e.g. OpenSea (https://opensea.io/) or Metamask (www.metamask.io) or Rarible (https://rarible.com/) or Makersplac (https://makersplace.com/) or Coinbase (https://nft.coinbase.com/);
2) Scope of Services provided;
3) The existence of the risks described in the Terms and Conditions and Disclaimers.
Individuals, legal persons and other organisational units to which separate acts grant legal capacity may enter the Token Distribution Process. The age of majority is not required to acquire Tokens.
By entering the Token Distribution Process, the User confirms that he/she has familiarised himself/herself with these Terms and Conditions and, in particular, with the mechanisms of functioning of the software and applications based on blockchain technology and the risk in terms of the possibility of losing all invested funds. These Regulations constitute a binding agreement for the provision of services by electronic means between the User and the Service Provider and apply to all Users who access or use the Website (including by merely viewing content posted via the Website). On the other hand, the User enters into separate agreements with third parties, such as OpenSea (https://opensea.io/) or Metamask (www.metamask.io) or Rarible (https://rarible.com/) or Makersplac (https://makersplace.com/) or Coinbase (https://nft.coinbase.com/), on the basis of the Terms and Conditions in force there - the agreements are concluded due to the fact that these entities provide services/participate in the Token Distribution Process.
3.4 User activities
The User is not obliged to create an Account on the Website in order to use its services. However, the User is obliged to set up all necessary actions on https://opensea.io/ or https://rarible.com/ in accordance with the requirements of these services in order to purchase Tokens. In order to purchase Tokens, the User is obliged to connect his/her account to his/her wallet (e.g. Metamask), in accordance with the information available on the aforementioned services.
3.5 Token distribution process statements
The User declares that he/she is acting in his/her own name and on his/her own behalf in this Token Distribution Process. The User also declares that the funds used to enter the Token Distribution Process come from legitimate sources. The User acknowledges and accepts that the Token is not:
1) document in registered form, to order or issued to bearer, as well as a financial instrument and a unit or investment certificate within the meaning of the relevant national laws at the Service Provider's place of business;
2) a retail collective investment product within the meaning of Article 4. of Regulation (EU) No. 1286/2014 of the European Parliament and of the Council on key information documents for retail collective investment products and insurance investment products (PRIIPs) and is not subject to state-guaranteed regulation.
3.6 Statements regarding the Service Provider's activities
The User, declares that he/she accepts the provisions of these Terms and Conditions in their entirety, without reservations or additions, and acknowledges and agrees that:
1) The process of distributing Tokens is not a public offering, an alternative investment fund management activity or an activity carried out by an investment fund, and that the activity of the Service Provider is not a banking activity or an insurance or reinsurance activity within the meaning of the relevant national laws;
2) The Service Provider does not mediate in any way in the transaction of acquiring Tokens and therefore cannot guarantee that the Token distribution process, as well as the acquisition of Tokens itself, will bring the User the results, outcomes or economic or financial benefits expected by the User. At the same time, the User declares that the Service Provider has in no way made such guarantees or assurances to the User.
Furthermore, the User acknowledges and accepts that the Service Provider does not offer any services related to securities and that the Service Provider is not an entity that transfers any money to Users or other persons or third parties. The Service Provider does not provide investment, financial, tax or legal advice. Any information or application provided in connection with the Service does not constitute investment advice, financial advice, trading advice or any other type of advice.
3.7 KYC/AML verification
The Service Provider or entities cooperating with it within the framework of the activities performed by the User on the Website or in connection with the acquisition of Tokens or joining this Process, may perform verification of the User to the extent specified in the relevant international anti-money laundering and anti-terrorist financing (AML) laws, even though it does not provide services in the field of virtual currencies and is therefore not a mandatory institution. It is stipulated that the entity performing such verification, may perform it again in case of reasonable doubt.
§ 4. TOKEN
4.1 Basic information
The User, via applications and services of third parties, including in particular the Ethereum blockchain network, obtains the possibility to acquire Tokens as a digital representation of the value generated on the blockchain network. The details on how to acquire Tokens and their value expressed in price - is determined in each case by the third parties or the services of these third parties - e.g. OpenSea (https://opensea.io/) or Metamask (www.metamask.io) or Rarible (https://rarible.com/) or Makersplac (https://makersplace.com/) or Coinbase (https://nft.coinbase.com/), in terms of the User's payment for the acquisition of these Tokens.
The Token is a form of value that has been generated on the Ethereum blockchain network in the ERC standard. Receipt of the Tokens by the User, takes place immediately via the blockchain network, once the User has correctly made the payment in accordance with section 4.1. All information about the Tokens is posted via the third-party services to which the Website redirects.
At the same time, in view of the fact that the process of acquiring Tokens, is in no way dependent on the activities performed by the Service Provider, and in view of the close connection of Tokens to the financial markets over which the Service Provider does not exercise any control, the User acknowledges and accepts that all rights with regard to the possibility of withdrawal from the contract in the sense of withdrawal from the acquisition of Tokens have been excluded due to:
1) the object of the services provided (provision of digital content);
2) making payments in virtual currencies, which are linked to a financial market over which the Service Provider has no control, resulting in the volatility of their (virtual currencies) price.
The User acknowledges and accepts that all transactions for the acquisition of Tokens are final and no refunds of Tokens acquired (purchased) are possible.
4.3 Compliance with the rules
Each User undertakes to use the Website in accordance with its intended use, applicable laws, social and moral norms and the provisions of these Terms and Conditions. The User is obliged to protect all his/her passwords and private keys (allowing access to Tokens), from access by third parties.
4.4 Unauthorised access
The Service Provider does not process or retain access data to manage Tokens, including the Users' private keys. The User is obliged to protect the access data to Tokens, including access data to third-party applications, e.g. OpenSea (https://opensea.io/) or Metamask (www.metamask.io) or Rarible (https://rarible.com/) or Makersplac (https://makersplace.com/) or Coinbase (https://nft.coinbase.com/), because in the event of their loss, the Service Provider is not able to recover this data. In the event of loss of access data, including in particular the private keys, a situation may arise in which the User will irretrievably lose all the Tokens he has acquired and assigned to the respective wallet address, for which the Service Provider is not liable.
Any consequences arising from third parties gaining access to passwords, keys or other data enabling access to Tokens belonging to the User shall not give rise to any liability on the part of the Service Provider.
4.5 Taxation of Tokens
The User shall be obliged to determine how and according to which law taxation shall take place, in connection with his/her acquisition of Tokens, and shall be obliged to pay this tax to the competent tax authorities for the respective User. The Service Provider shall in no way be liable for the incorrect tax settlement of the individual User, due to the acquisition of Tokens by the User.
4.6 Knowledge of blockchain technology
The User declares that he/she has familiarised himself/herself with these Terms and Conditions, as well as with the Token Distribution Process and its mechanisms, and has obtained all the necessary information and data he/she considers sufficient to make a decision on the acquisition of Tokens, and that he/she has extensive knowledge of the operation, use or usability of software and applications based on blockchain technology. All transactions for the acquisition of Tokens are carried out automatically, based on the User's decisions and orders made by the User. The User is solely responsible for determining whether the decision to acquire Tokens is appropriate for him or her. If the User is in doubt about the operation of blockchain technology, cryptocurrencies or the rules for acquiring Tokens, he or she should contact his or her own advisor before taking any action on the Website or the services where Token acquisition is possible.
§ 5. PAYMENT FOR THE TOKEN
5.1 Settlement value
The User declares that the unit of account for the acquisition of Tokens, in connection with entering the Token Distribution Process, is the cryptocurrencies, as defined in each case by the third parties or the services of these third parties, e.g. OpenSea (https://opensea.io/) or Metamask (www.metamask.io) or Rarible (https://rarible.com/) or Makersplac (https://makersplace.com/) or Coinbase (https://nft.coinbase.com/), which enable the acquisition of Tokens on the Ethereum blockchain network (or equivalent), via ICT links.
5.2 Fee and lead time
The fees are determined in each case by the third parties or the services of these third parties (e.g. Metamask or equivalent) enabling the acquisition of Tokens. By proceeding to acquire Tokens, the User agrees to pay the current fees:
1) per Token - the amount of which depends on when the User acquires the Token and on the number of Tokens acquired by the User, in accordance with the information provided on the Website;
2) any other necessary fees in respect of the delivery of Tokens to him (the User), including in particular but not exclusively blockchain network fees and third party service fees.
The lead time for the delivery of Tokens shall be automatic and shall depend on the individual payment processor used by the User at the time. The realisation in terms of the delivery of Tokens to the individual User is, as a rule, realised immediately if the User makes the payment correctly, in accordance with the messages posted on the website of the individual payment processor, subject to the possibility of extending this deadline in the event of situations beyond the Service Provider's control, such as technical interruptions, blockchain network failures or the occurrence of force majeure in the broadest sense.
§ 6. SANCTIONS AND COMPLAINTS
6.1 Notification of infringements
All reports related to the functioning of the Website and the provision of services through it, as well as questions concerning the use of the Website should be directed to the Service Provider. The report should contain in its content: the User's data, including contact details, the reason for the report, a detailed description and the reason for the report.
Any breaches in the acquisition of Tokens should only be addressed to third parties providing services for the acquisition of these Tokens on the blockchain network, as posted on OpenSea (https://opensea.io/) or Rarible (https://rarible.com/) or Makersplac (https://makersplace.com/) or Coinbase (https://nft.coinbase.com/), among others.
6.2 Examination of the notification
Within 30 days from the date of receipt of a claim related to the functioning of the Website and the provision of services through it, the Service Provider shall consider the claim and inform the User of the result of its consideration. This period may be extended if the consideration of the complaint requires special knowledge or the Service Provider encounters other difficulties beyond its control, or if it is necessary to obtain additional information from the User. A response to the complaint will be provided by the Service Provider to the email address from which it was received. If the User sends a complaint in electronic form, he/she agrees to receive a response from the Service Provider also in electronic form.
The Service Provider is not involved in the processing of requests/complaints submitted to third parties providing services for the acquisition of Tokens on the blockchain network. In this respect, the information provided by these entities in particular in the Terms and Conditions is binding. In particular, the Service Provider is not responsible for whether the complaint is considered/resolved, whether the third parties provide a timely response, etc.
The Service Provider reserves the right not to respond to a manifestly unfounded complaint, in particular to the extent that the complaint has already been dealt with previously in relation to the User concerned.
6.4 Consent to be contacted by e-mail
If the User or a third party sends a request to the Service Provider in electronic form, this constitutes consent to receive a response from the Service Provider in electronic form.
§ 7. ADDITIONAL PROVISIONS
7.1 Technical requirements
In order to use the services of third parties, e.g. OpenSea (https://opensea.io/) or Metamask (www.metamask.io) or Rarible (https://rarible.com/) or Makersplac (https://makersplace.com/) or Coinbase (https://nft.coinbase.com/), which participate in the Token Distribution Process, the User must fulfil the technical requirements specified in the Terms and Conditions of these services.
7.2 Technical risks
The Service Provider warns that the use of electronic services may involve technical risks, typical of the use of IT systems. Users should protect their electronic connections and devices from unauthorised access, including in particular the installation of anti-virus software or further security measures.
The Service Provider cautions that the use of third-party services e.g. OpenSea (https://opensea.io/) or Metamask (www.metamask.io) or Rarible (https://rarible.com/) or Makersplac (https://makersplace.com/) or Coinbase (https://nft.coinbase.com/), may involve increased risks in terms of blockchain technology, standard for software based on the Ethereum blockchain network. Users should secure their electronic connections and devices against unauthorised access, including, in particular but not exclusively, installing anti-virus software and securing their wallet, e.g. Metamask, in accordance with the recommendations set out on the website of this entity or others providing the same services.
7.3 Technical breaks
The Service Provider has the right to temporarily or permanently stop or limit the operation of the Website. In particular, the Service Provider shall be entitled to carry out maintenance work on the Website in order to restore the security and stability of the ICT system. Accordingly, the User acknowledges and accepts that he/she does not have any claims in connection with such interruption or restriction of access to the Website.
7.4 Other third party sites
The Service Provider shall take due care to clearly identify the websites and services managed by third parties, which offers a separate service, unrelated to the Service Provider's activity, in accordance with the information indicated in these Terms and Conditions. However, the Service Provider is not responsible for the content and the relationship established with another entity by the User. The User, in such a situation, should in each case exercise due diligence in order to determine with which entity a possible relationship is established and to which third party service was redirected by using the Website.
§ 8. COPYRIGHT AND INTELLECTUAL PROPERTY
8.1 Authorised entity
All rights to the Website, including the copyrights to the Website, as well as to its individual parts, in particular to the text, graphic and multimedia elements and to the software elements generating and operating the Website, including industrial property rights and any other derivative rights, are vested in the Service Provider.
Upon use of the Website and acceptance of the Terms and Conditions by the User, the Service Provider grants the User a non-exclusive licence to use the Website to the extent that the User uses its services. The licence is non-transferable and is granted for the duration of the User's use of the Website in accordance with its purpose and in a manner consistent with these Terms and Conditions. The non-exclusive licence granted to the User, does not entitle the User to grant further licences. Furthermore, the User is not entitled to act outside the scope of the Licence.
8.3 Copyright associated with Tokens.
The Service Provider declares that it is the copyright holder of the works associated with the Tokens.
The Service Provider, in connection with the acquisition of Tokens by the User through services provided by third parties, grants the User a non-exclusive licence, unlimited in time and territory, to use the work externalised on the Token in question within the scope of the following fields of exploitation:
1) in terms of recording and reproducing the work - production of copies of the work using a specific technique, including printing, reprography, magnetic recording and digital technique;
2) within the scope of trading in the original or copies on which the work has been fixed - marketing, lending or leasing the original or copies;
3) to the dissemination of the work by public performance, exhibition, display, reproduction and broadcasting and re-broadcasting, as well as to the making of the work available to the public in such a way that everyone can access it from a place and at a time individually chosen by them.
The Licensee (User), within the scope of his/her authorisation, may grant further sub-licences to which the Licensor (Service Provider) agrees. The remuneration for the granting of licences and further sub-licences is included in the purchase price of the Tokens at the time of the original purchase of the Token.
The Licensor points out that the copyrightr specified above are the only ones that can be transferred in accordance with the applicable law (that can be transferre via Internet transaction). In the event of a desire to acquire the copyright of the Tokens together with the Tokens, the Licensor is prepared to transfer these rights in this respect and therefore requests that you contact us by e-mail.
8.4 Breach of Licence
If the User violates the rules of use of the Website or the terms of the licences granted, the Service Provider shall be entitled to block the User's access to the Website and to revoke the licence granted. The above shall not prejudice the Service Provider's right to take other appropriate and legally stipulated actions in connection with the violation.
9.1 Data processing
By providing the Service Provider with any personal or identification data, the User consents to the inclusion of such data in the Service Provider's collection and to the processing of such data in order to carry out certain tasks, in accordance with the provisions of this document. The Service Provider shall or may process the Users' personal data in accordance with the data provided, including in particular identification and contact data. The administrator of the data is the Service Provider (hereinafter referred to as the "Administrator").
9.2 Respect for privacy
The Administrator shall use its best endeavours to ensure that personal data are processed with the utmost respect for the privacy of the data subject and with the utmost care for the security of the personal data processed, and in particular shall ensure that all legal measures are taken to secure the personal data files.
9.3 Protection measures
The Administrator undertakes to apply technical and organisational measures to ensure the protection of the processed personal data appropriate to the risks and categories of data protected, and in particular to protect the data against their disclosure to unauthorised persons, processing in violation of the law, and loss, damage or destruction.
9.4 Scope and purpose of processing
The Administrator processes the User's personal data in order to:
1) to fulfil the legal obligations of the Service Provider;
2) to provide marketing and advertising services and to send commercial information;
3) the use of data communication terminal equipment and automatic triggering systems - for marketing purposes.
9.5 Data profiling
The processing of personal data includes profiling of Users on the basis of their behaviour, interests, reliability and preferences (including purchasing preferences). Based on the profiling, Users are provided with specific content that may potentially be of interest to them.
9.6 Data sharing
In order to fulfil its obligations, the Administrator may disclose the collected personal data to entities, including: employees, collaborators, suppliers, payment system operators, entities providing operational, legal, accounting and IT services to the Service Provider. In such cases, the amount of information disclosed is each time limited to the necessary minimum.
9.7 Traffic analysis
The Administrator declares that it is allowed to use tools designed to analyse traffic on the Website, such as Google Analytics. In particular, the Administrator is entitled to collect information on User activity and behaviour. The Administrator uses this data to research the market and traffic on the Website and to compile statistics, in particular to assess interest in the content posted, as well as to improve the Website and to fulfil its obligations in the area of anti-money laundering and terrorist financing. The data collected will be processed anonymously and used exclusively for statistical purposes or to ensure the correct use of the Website.
9.8 Principles of personal data processing
The Administrator shall comply with the following principles for the processing of personal data:
1) saving the collected personal data only on storage media which are protected against access by third parties;
2) notifying personal data sets or appointing persons to perform the required duties in this respect;
3) to supervise the security of personal data throughout the period of their possession, in particular to ensure protection against unauthorised access, damage, destruction or loss;
4) make personal data available to the competent authorities on the basis of applicable legislation;
5) maintain the confidentiality of personal data.
The personal data processed by the Administrator shall not be disclosed in a form that allows any identification of the User, unless the User has given his/her consent or the obligation to disclose such information results from applicable laws.
9.9 User rights
The Administrator shall ensure that the applicable rules for the processing of personal data comply with the Users' rights under the applicable legislation, in particular the right of access to data, rectification, updating, deletion, restriction of processing, portability of own data, lodging an objection, withdrawal of consent, lodging a complaint with a supervisory authority.
10.1 Types of Cookies
The Administrator may use the following types of Cookies for the functioning of the Website:
1) temporary, which are deleted when you leave the Website or when you close your web browser;
2) permanent, which are stored on the User's terminal equipment for an indefinite period of time or until they are manually deleted by the User;
3) statistics, used to track traffic on the Website;
4) functional, enabling personalisation of the Website in relation to the User;
5) advertising, which allows us to provide you with content tailored to your personal preferences;
6) mandatory and security rules, which relate to the Website's security behaviour and authentication rules.
10.2 Usage objectives
1) to optimise and increase efficiency in the Service Provider's operations;
2) the correct configuration of the functions available on the Website;
3) personalise the content displayed and tailor advertising on the Website;
4) maintain the security and reliability of the Website;
5) the collection and use of general and publicly available statistical data through analytical tools.
10.3 Application objectives
In order to ensure the highest quality, cookies are analysed by the Administrator in order to determine which sub-pages are most frequently visited, which browsers are used by visitors and whether the structure of the Website contains any errors
10.4 Configuration of cookies
Cookies stored on the User's terminal equipment may be used by other entities that affect the quality of use of the Website. The User may, at any time, change his/her own settings concerning Cookies, specifying the conditions for storing and accessing Cookies on the User's terminal equipment. The User can change the settings referred to above by means of the settings of his/her Internet browser or by configuring the Service or Services. These settings can be changed in such a way as to block the automatic handling of Cookies in the web browser or to inform the User of the placement of Cookies on the User's device.
10.5 User rights
The User has the right to delete Cookies at any time using the settings available in the Internet browser used. Restricting or blocking Cookies by the Internet browser will not prevent the User from viewing content posted via the Website, but may cause hindrances or irregularities in the functioning of the Website. It is recommended that you use software which enables the handling of cookies.
10.6 Copyright and intellectual property
All rights to the Website, including copyrights to the Website as well as to its individual parts, in particular to text, graphic, multimedia and programming elements, including industrial property rights and all other subsidiary rights, with the exception of content provided by payment operators, belong to the Service Provider.
§ 11. FINAL PROVISIONS
11.1 Date of entry into force and amendment of these Terms and Conditions
The Service Provider has the right to amend these Terms and Conditions at any time. In such a situation, the Service Provider, will inform about the changes to the Terms and Conditions in a visible place on the Website, including in particular by posting the new version of these Terms and Conditions on the Website.
11.2 Addendum and information contained in the Terms and Conditions
The lack of legal basis or the incompleteness of any of the clauses contained in these Terms and Conditions does not mean that the entire Terms and Conditions lose legal force. The provisions shall be changed to those which most closely reflect the meaning and purpose of the existing provisions.
Any disputes that may arise from these Terms and Conditions will first be resolved amicably, by mutual agreement between the User and the Service Provider. The User acknowledges and accepts that an amicable dispute resolution procedure is a condition precedent that must be fulfilled before any legal proceedings can be initiated. In such a situation, the User is obliged to contact the Service Provider in accordance with the conditions indicated in § 6 of these Terms and Conditions.
In the event that the condition referred to above is fulfilled, and in the absence of an amicable solution to the dispute that has arisen, the provisions of these Terms and Conditions shall be settled by the Court having jurisdiction over the place of business of the Service Provider, in the case of disputes with entrepreneurs. In the case of a dispute with a consumer, the courts of general jurisdiction shall have jurisdiction.