By using the Platform, you agree to be bound by these Terms. They form a legally binding contract between us and you. If you do not agree to these Terms, you must not access or use the Platform.
These Terms do not apply to the creation of NFTs by Creators (defined below), which are subject to a separate written agreement between Creators and us.
We reserve the right to change these Terms from time to time by updating the Terms on our website located at https://ethernity.tokensuite.io/terms-of-use.
1.1 The Platform is built on top of the Ethereum network and enables users to own, buy and sell collectible NFTs created by individuals or companies (“Collectibles”). Owners of a Collectible will not own any intellectual property (“IP”) or other rights to any underlying digital artwork referenced by the NFT.
1.2 Much like when a painter sells a physical work of art such as a painting, the creator of a Collectible (“Creators”), or the artist that worked with the Creator (“Artist”), typically retain a range of IP and other rights associated with the underlying digital artwork. The Creator or the Artist may have the ability to enforce their IP rights against users who infringe on those rights. Creators often grant us the necessary licenses to promote their Collectibles for sale and to allow secondary trading of each Collectible.
1.3 When you buy a Collectible, you will retain the ability to transfer the Collectible to other parties.
2.1 Users of the Platform must connect a compatible digital wallet (e.g., Torus or MetaMask) to our website in order to own, buy, or sell a Collectible. We may update the range of compatible wallets from time to time at our sole discretion.
2.2 Users can only buy and sell Collectibles using the cryptocurrency Ether (“ETH”). We may update the cryptocurrency you can use to buy or sell collectibles from time to time at our sole discretion.
By using the Platform, you acknowledge and confirm that:
4.1 For every Collectible, Ethernity is the initial owner. Ethernity may promote and offer any Collectible for sale via the Platform. The Creator of each Collectible may grant its owner a range of rights, set forth in the "Rights Attached and Permitted Purposes" document for the Collectible on the Platform.
5.1 As an owner of a Collectible, you may not: copy, modify, edit or reverse engineer any part of the Collectible including the imagery, colors, design, look and feel, format or other features or attributes, use the Collectible as part of another work including any film, image, audio work or other form of media, subject the Collectible to derogatory treatment, use the Collectible for any commercial purpose including for advertising or promoting any business, products or services, create any commercial products such as merchandise which feature, refer to or otherwise liken themselves to the Collectible, use the Collectible (or the Platform) for any purposes connected with hatred, racism, violence, gambling, slavery, intolerance, cruelty, unsolicited promotions or harassment, sales, spam, or for any purpose that infringes the rights of others or which is unlawful in any way, protect (or claim to protect) the Collectible with any additional intellectual property rights such as trademarks, patents or registered designs, or use the Collectible in any way not part of the Collectible’s “Rights Attached and Permitted Purposes” document.
5.2 You must not remove or obscure any signature of the Creator or other information as to the attribution of a creation, or take any steps that may have the effect of misleading others as to the identity of the Creator. You may use the Platform for non-commercial purposes only. We are not liable for any business losses.
6.1 You acknowledge and understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Platform. The Platform may use other decentralized blockchain-based protocols instead of or as well as Ethereum, or forks of Ethereum or other such protocols. References in these Terms to Ethereum should be deemed to also refer to any other protocol we use.
7.1 Collectibles may be offered for sale, bought, and sold on the Platform through our proprietary auction process. See details on the Platform for trading outside of the Platform and related fees.
8.1 We may earn fees from each sale of Collectibles. A table of fees can be found on this page. Under our sustainable philanthropy business model, the Creator of each collectible may select a charitable cause to receive a share of all revenues generated by sales of their Collectibles.
9.1 The Platform provides users with a convenient interface that allows users to interact directly with an underlying blockchain. No fiat money is stored or handled by the Platform or Ethernity at any point. Offers and transactions to buy and sell Collectibles take place directly between the buyer and the seller in each case, except where Ethernity is the initial owner of the Collectible.
9.2 You acknowledge and understand that the smart contracts do not give Ethernity custody, possession, or control of any Collectible or cryptocurrency at any time for the purpose of facilitating transactions. You affirm that you are aware and acknowledge that the Platform is non-custodial in nature and that the Platform has been designed to be directly accessible by the Creators, buyers and sellers without any involvement or actions taken by Ethernity. We never take custody of any user’s money, cryptocurrency or NFT, and we are not a payment service provider.
10.1 You are responsible for accounting for and paying any and all taxes applicable to your use of the Platform and the buying and selling of Collectibles.
You accept and acknowledge:
• We cannot guarantee the continuous, uninterrupted, or error-free operability of the Platform. There may be times when certain features, parts or content of the Platform, or the entire Platform, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Platform, or any features, parts or content of the Platform.
• Cryptocurrencies are not backed by any government, central bank, physical value, or another guarantee. Their values and liquidity can materially fluctuate up and down due to market activity and sentiment, public and regulator sentiment, legislation, regulatory and governmental steps taken in relation to crypto-assets generally, or specifically, and other factors outside of the control of users.
• Technological difficulties experienced by the Platform may affect your access to your NFTs and thus your Collectibles.
• You understand fully and can afford to take the risks of purchasing and trading in Collectibles, you are solely responsible for determining the level of risk involved, and all use of the Platform is at your own risk. We are not responsible for any losses you may suffer as a result of any drop in value or other aspects of the sale or purchase of any Collectible.
• Blockchain technologies and NFTs are subject to many legal and regulatory uncertainties, and the Platform, NFTs, Collectibles could be adversely impacted by one or more regulatory, or legal inquiries, actions, suits, investigations, claims, fines or judgments, which could impede or limit your ability to continue the use and enjoyment of such assets and technologies.
• We do not own or control the Ethereum network (or any other applicable network supported by the Platform), any digital wallet provider, or any other third-party infrastructure provider used in relation to the Platform, and we are not liable for any defects in, unavailability of, or acts or omissions of such third-party infrastructure.
• The Ethereum network may be subject to sudden changes in operating rules, and third parties may, from time to time, fork the Ethereum blockchain and implement changes in the operating rules or other features that might result in multiple versions of Ethereum and, possibly, more than one version of the NFT. This may affect the value and the function of the initial NFT and we can temporarily suspend our services while we determine, at our sole and absolute discretion, which network to support. Such networks and forks are outside of our control and we can decide, at our sole and absolute discretion, to abandon or otherwise not support the initial or the copy of the NFT. We may, at our sole and absolute discretion, obtain and retain the unsupported NFTs.
• There are risks associated with accepting cryptocurrencies as payment and purchasing blockchain-based NFTs, including but not limited to, the risk of losing private keys, theft of cryptocurrency, or NFTs due to hackers finding out your private key. You are solely responsible for the safekeeping of the private key associated with the blockchain address used to buy or sell Collectibles. You accept that Ethernity will not be able to restore or issue any refund in respect of any Collectibles due to lost or stolen private keys. If you are not able to spend or use a Collectible due to loss or theft of the corresponding private key or otherwise, you will be unable to exercise your rights with respect to such Collectible. See details on the Platform as to any processes in place to assist you (which are at our discretion).
• The Platform does not store, send, or receive NFTs. The NFTs are minted and transferred on the smart contract maintained by Ethernity. Any transfers of Tokens occur via the smart contract located on the Ethereum blockchain and not on the Platform.
• Ethernity has no responsibility for the Collectibles created or traded on the Platform. Ethernity does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality, or value of any Collectible created or traded on the Platform or the underlying artwork.
• Ethernity shall not be liable for any errors, misrepresentations, or omissions in, of, and about, the underlying digital artwork, nor for the availability of the underlying artwork. Ethernity shall not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of the underlying artwork.
• There is a risk that Ethernity may be obligated to take down listings from the Platform if it has received a Digital Millennium Copyright Notice (“DMCA Notice”). Ethernity may also be obligated to serve a DMCA Notice to its IPFS service provider. If this occurs, the NFT representing the Collectible may no longer reference the artwork. Collectibles linked to images subject to a DMCA Notice may subsequently reference an invalid file location or a file that no longer exists.
12.1 Ethernity respects the IP of others and asks that users of our Platform do the same. If you believe that one of our Creators, through the use of our Platform, is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent:
• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent contact is: [email protected]
Allegations that another intellectual property right is being infringed should be sent to [email protected]. Ethernity may, in its sole discretion, delete the delist the Collectible of those who are accused of copyright infringement or other IP rights.
13.1 Our role is limited to providing a platform to allow users to offer for sale, and to buy and sell Collectibles directly with each other. With the exception of the initial sale of each Collectible, we are not a party to any secondary sale or purchase. We do not take payment on behalf of other parties and we are not a payment service provider.
13.2 We do our best to make sure all Collectibles are original works and do not infringe any third-party rights. There can be no guarantee or assurance of the uniqueness, originality or quality of any Collectible. You have no recourse or rights against us in relation to the existence of similar or identical works, or in relation to the infringement of any third-party rights.
13.3 You agree to indemnify us and our affiliates and our and their directors and officers in full against all losses incurred in relation to any claims, liability, loss or damage arising out of (or alleged in relation to) any use by you of the Platform, trading by you in Collectibles, or any breach of these Terms by you.
14.1 Except to the extent expressly set out in these Terms, you are not allowed to: 'scrape' content or store content of the Platform on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Platform, remove or change any content of the Platform or attempt to circumvent security or interfere with the proper working of the Platform or the servers on which it is hosted, or create links to the Platform from any other website, without our prior written consent. You may however link from a website that is operated by you, provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Platform, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
14.2 You may only use the Platform for lawful purposes, in a responsible manner, and in a way that does not damage our name or reputation or that of any of our affiliates, directors or officers, or any of the Creators. The sale of stolen Collectibles, Collectibles taken without authorization, and otherwise illegally obtained Collectibles on Ethernity is prohibited. Ethernity reserves the right to terminate, suspend or restrict your access to the Platform if there is reasonable suspicion by us that that the Collectible has been or will be used for any illegal, fraudulent, or unauthorized purposes. If you have reason to believe that a Collectible listed on Ethernity was illegally obtained, please contact us immediately. Listing illegally obtained assets may result in your listings being canceled, or your Collectibles being hidden.
14.3 All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them, and you may not subsequently use the Platform.
15.1 All IP rights in any content of the Platform (including text, graphics, software, photographs and other images, videos, sound, trademarks, and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any IP owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Platform. In the event you print off, copy, or store pages from the Platform (only as permitted by these terms and conditions), you must ensure that any copyright, trademark, or other IP right notices contained in the original content are reproduced.
16.1 We may change the format and content of the Platform from time to time. You agree that your use of the Platform is on an "as is" and "as available" basis and at your sole risk. Whilst we try to make sure that all information contained on the Platform is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information. We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, availability, fitness for purpose or originality of any content of the Platform and, to the fullest extent permitted by law, all implied warranties, conditions or other implied terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Platform or relying on any of its content.
16.2 We cannot and do not guarantee that any content of the Platform will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the content.
16.3 In no event shall we be liable to you for any losses, whether indirect or consequential, or for any loss of profit, revenue, contracts, data, goodwill, or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
16.4 We are not liable for any user error, incorrect data, or loss of NFTs, or other information. Collectibles are intangible assets represented by the corresponding NFT on the Ethereum network. We are not responsible for this network, for recording, or verifying ownership or value of any Collectible.
16.5 Notwithstanding the above, in the event we are liable to you for any claim arising out of these Terms or in relation to the Platform, our liability will be limited to £1,000. Where Ethernity is the seller by virtue of being an initial owner of the NFT, our liability shall be limited to the sale price paid for that initial sale.
18.1 The Platform may, from time to time, include links to external sites, third-party offers, and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.
19.1 These Terms are governed by English law, except that there may be certain mandatory applicable laws of your country or region that apply for your benefit and protection in addition to or instead of certain provisions of English law.
19.2 You agree that any dispute between you and us regarding these Terms or the Platform will only be dealt with by the English courts, except that if you live in a country of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may choose to do so in your country.
20.1 Please submit any questions you have about these Terms or any problems concerning the Platform by email to [email protected].