Terms of Service
Effective Date: 26.04.2023
Welcome to Digitalartists.com. DigitalArtists.com is a web3 platform that enables its users to discover, display, auction and purchase unique digital art, such as visual artwork, animation, audio files and other creative content (“Digital Collectible”, “Digital Collectibles”). These art items may, in some cases, contain commercial rights or include, or be accompanied by, a physical copy of that art.
These Terms of Service set out terms and conditions of usage of the website located at digitalartists.com and all respective subpages connected to this URL (“Site”) and the services, tools, addons offered by DigitalArtists (“Platform”). Please read these Terms of Service carefully, as they constitute a legally binding agreement between you (“you”, “your”, or “User”) and DigitalArtists.com (“DigitalArtists”, “we”, “us” or “our”).
By using DigitalArtists platform, you understand, acknowledge, and agree to be bound by and comply with these Terms of Service. You also may be subject to additional terms and conditions incorporated on our platform.
About Us
DigitalArtists is operated by MEDIA.BG GROUP Limited. Our registered address is registered address is
MEDIA.BG GROUP Limited,
23 Drazki str.,
9000 Varna,
Bulgaria
Use of DigitalArtists Platform
Service
DigitalArtists offer its Users, including individuals who create digital art (“Artists”) and art collectors (“Collectors”), to engage with displaying, selling, auctioning, bidding on and purchasing Digital Collectibles.
Collectibles
Digital Collectibles acquired at the DigitalArtists platform are available on the DigitalArtists wallet that is automatically created upon the purchase of an item (“Service Wallet”). The Service Wallet serves for storing, displaying, selling and overall interacting with the Digital Collectible on the Platform. You acknowledge and agree that the Service Wallet is not a cryptocurrency wallet.
You acknowledge and agree that Digital Collectibles that you acquire on DigitalArtists may not embedded on the blockchain using smart contracts. If that is the case, you will be informed through the Platform while making a purchase. If you wish to embed your Digital Collectible on the blockchain supported by DigitalArtists, you are required to connect your account to a cryptocurrency wallet application supported by DigitalArtists. You might be required to pay additional fees and charges. Please see sections dedicated to Transfer and Fees below.
Auction
DigitalArtists organizes a sales event wherein Collectors place competitive bids on Digital Collectibles through the Platform. (“Auction”). The duration of an Auction is defined by DigitalArtists on a page dedicated to the Auction of the respective Digital Collectible.
Once the bid is placed through the Platform, the bid is final and cannot be reversed. The purchaser of an auctioned Digital Collectible is the highest bidder accepted for a Digital Collectible on the close of the Auction. The bidding price will be automatically locked upon placing a bid and, on the close of the Auction, charged from the cryptocurrency wallet connected to the Platform account by the Collector.
For Collectors
If you wish to place a bid or make an offer on the auctioned Digital Collectible, you shall do so with the help of a cryptocurrency wallet application supported by DigitalArtists in compliance with the Terms of Service. It is your responsibility as the Collector to inform yourself of all salesroom notices and announcements that are published on the Platform.
You agree that any bid, order or offer placed by you are final. Should your bid, order or offer be successful, you irrevocably agree to pay the full price and any other applicable fees. DigitalArtists is not responsible for any errors that you make or that are made through your cryptocurrency wallet application in placing a bid, order or offer on a Digital Collectible auctioned by DigitalArtists.
For Artists
Artist acknowledges, understands and agrees that selling a Digital Collectible on the Platform constitutes an express representation, warranty and covenant that:
- the Digital Collectible is the Artist’s original work, and have not been copied wholly or substantially from any other source;
- the Artist has good title and right to sell the Digital Collectible;
- has not sold, tokenized or created another cryptographic token for the same Digital Collectible;
- the Artist has not given any third party permission to use the Digital Collectible;
- the Artist is not aware of any use by any third party of any of the Lot;
- the Artist will not bid for themselves at the auction nor employ any person to bid on their Lot.
Live Drops
Live Drops section of the Platform allows users to acquire Digital Collectibles in real time using various payment methods as described in sections below. These Digital Collectibles are linked to or associated with third-party licensing partners and contain Third Party IP. Please read these Terms carefully to familiarize yourself with the licensing conditions attributed to these Digital Collectibles.
How to use the Service
Creating a Profile
DigitalArtists allows users to create a personal profile where they can post certain information about themselves, link to third-party websites, and in accordance with these Terms, may allow users to display Digital Collectibles (collectively, “Personal Profile”).
To create a profile on our Platform, you may be required to provide certain personal information, such as your name, email address, and other information. You are solely responsible for ensuring that the information you provide is accurate, complete, and up-to-date.
By creating a profile on DigitalArtists, you agree to the following:
- the Digital Collectible is the Artist’s original work, and have not been copied wholly or substantially from any other source;
- the Artist has good title and right to sell the Digital Collectible;
- has not sold, tokenized or created another cryptographic token for the same Digital Collectible;
- the Artist has not given any third party permission to use the Digital Collectible;
- the Artist is not aware of any use by any third party of any of the Lot;
- the Artist will not bid for themselves at the auction nor employ any person to bid on their Lot.
We reserve the right to terminate your profile or suspend your access to our website at any time and for any reason, including if we suspect that you have violated these terms of use.
You acknowledge that we may use the personal information you provide to us in accordance with our privacy policy, which is incorporated by reference into these terms of use.
By creating a profile on our website, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, store, and display any information or content that you provide in connection with your profile, including your username, profile picture, and any other information or content that you choose to provide.
You acknowledge that you are solely responsible for any information or content that you provide in connection with your profile and that we are not responsible for any loss or damage that may result from such information or content.
Transferring your Digital Collectible
If you wish to transfer your Digital Collectible outside the DigitalArtists platform, you will be required to connect your account to a cryptocurrency wallet application supported by DigitalArtists (i.e., MetaMask). By using a cryptocurrency wallet application in connection with the Service, you understand and agree to the terms of use of your wallet provider. We have no control over the contents of your wallet and do not take any responsibility or liability for your usage of it. You access it at your own risk, and you are solely responsible for keeping it secure. Please read the terms and conditions of use and the privacy policy of the wallet provider before you use it.
You are transferring your Digital Collectible at your own risk. We do not have any control over your Digital Collectible once it is outside of the DigitalArtists platform.
Payment Terms and Fees
In order to purchase Digital Collectibles on DigitalArtists using fiat payment, you are required to connect your supported credit/debit card with the payment processor of our choice. Please see the details of this transaction type in the section below.
In order to purchase Digital Collectibles on DigitalArtists using cryptocurrencies supported by the DigitalArtists, such as Ethereum, Matic, Avax and others, you are required to connect your account to a cryptocurrency wallet application supported by DigitalArtists (i.e., MetaMask). By using a cryptocurrency wallet application in connection with the Service, you understand and agree to the terms of use of your wallet provider. We have no control over the contents of your wallet and do not take any responsibility or liability for your usage of it. You access it at your own risk, and you are solely responsible for keeping it secure. Please read the terms and conditions of use and the privacy policy of the wallet provider before you use it.
Payment Processor
DigitalArtists uses a third-party payment processor (“Payment Processor”) to conclude the transactions on the Platform. The processing of the payment is done with the help of iCard.direct. You can familiarize yourself with their Terms of Service at https://icard.direct/documents/leaflet-your-rights-payments-eu_en.pdf and their Privacy Policy at https://icard.direct/en/privacy-policy. All the transaction will be subject to the terms, conditions and other policies of the Payment Processor and this Platform.
You agree to use the provided Payment Processor for any transaction on our Platform.
DigitalArtists is not accountable for any errors made by the Payment Processor.
Payment Provider
DigitalArtists will charge the applicable Fees and other charges for the transactions on our Platform through the given Payment Processor. You agree to authorize us through the Payment Processor to book these fees and charges from your chosen payment provider. We reserve the right to correct any inaccuracy made by the Payment Processor even upon the request of or the receival of the payment.
If we do not receive the due payment through the Payment Processor, you agree to pay the outstanding sum due upon demand.
Fees
You agree and understand that buying, selling, or transferring Digital Collectibles may be subject to fees, commissions, royalties and other charges (“Fees”). These Fees will be transferred, processed, or initiated directly through one or more of the smart contracts on the Ethereum-based blockchain networks supported by DigitalArtists, such as Ethereum, Polygon, Avalanche, Arbitrium, Optimism. Fees include, but not limited to: commissions on secondary sales of Digital Collectibles, payable to the Artists of such Digital Collectible and transaction fee, so-called “Gas Fees”, paid on the Ethereum-based blockchain networks supported by the DigitalArtists through your cryptocurrency wallet. Please keep in mind that the value of the Gas Fee may change from time to time. We have no control over the value of the Gas Fee. It is your responsibility to check the Gas Fee before you purchase any Digital Collectible from our Platform.
DigitalArtists reserves the right to collect Fees for sales on the Platform. We will make reasonable efforts to publish up-to-date pricing information on the Platform. We will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services.
We cannot guarantee any royalty for a secondary sale outside of the Platform. We are not responsible for Artists’ and Collectors’ ability to collect any fees or royalties outside of the Platform. Users shall indemnify and hold us, our affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents, harmless against any and all claims, liabilities, damages, losses, fines or fees arising out of or in connection with any transaction outside of the Platform.
Intellectual Property
Platform Content
The entire content included to DigitalArtists platform, including but not limited to text, design, graphics, interfaces, code (including source code or object code), software, data, or information (“Platform Content”), are protected by intellectual property and other laws. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to DigitalArtists, or other respective owners that have granted us the right and license to use such Marks. You agree not to copy, modify, create a derivative work of, reproduce, distribute, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise commercialize any elements of the Platform Content. Any rights not expressly granted herein are reserved by us.
Third Party Intellectual Property
We may enter into agreements with third-party licensing partners to make certain content or materials available on our Platform, such as trademarks, logos, images, and copyrighted works (collective “Third Party IP”). Such third-party licensing partners own the intellectual property rights in such content or materials, and we do not own any rights, title, or interest in such intellectual property.
You acknowledge and agree that the third-party licensing partner owns all legal right, title and interest in and to all Third Party IP and all intellectual property rights therein. You do not own any rights, title, or interest in any Third Party Intellectual Property that may be displayed or made available on our Platform. You may not use any Third Party Intellectual Property without the express permission of the owner.
Limited License of Third Party Intellectual Property
Upon a purchase of a Digital Collectible on our Platform that links to or is associated with the Third Party IP, we grant you a limited, non-exclusive, non-transferable (except strictly in accordance with the license grant herein), and revocable license to access and use the Third Party IP solely for the purpose of: (i) personal, non-commercial use; (ii) as part of a third party marketplace that permits the purchase and sale of your Digital Collectibles; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Digital Collectible unless otherwise is specified by us in these Terms or on a page dedicated to a Digital Collectible in question.
Your ownership of Digital Collectibles does not give you any rights, title, or interest in Third Party IP beyond the scope of the limited license expressly granted to you.
You may not, nor permit any third party to, copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Third Party IP without the express permission of the intellectual property owner.
If you sell or transfer the Digital Collectible to another individual subject to these Terms, the license will automatically be transferred to such individual together with the Digital Collectible contingent on such person’s compliance with these Terms, and you will no longer have the benefits of such license. Violation of the terms of transfer of the Digital Collectible will lead to invalidation of the transfer. The license terms are severable from these Terms and will survive the expiration or termination of these Terms.
Links to external sources
DigitalArtists.com may include hyperlinks to other websites. These links are provided for information purposes only and are not intended to signify endorsement or sponsorship of these websites, apps, materials, or resources. We have no control over the content of the linked resources and do not take any responsibility or liability for your usage of them. You access them at your own risk. Please read the terms and conditions of use and the privacy policy of the linked websites before you access them.
DISCLAIMERS
Risk of Loss
You should not invest in the block-chain industry unless you understand its nature and the extent of your exposure to risk. You are responsible for making your own investment decisions, and for ensuring you are, and continue to be, eligible to hold your chosen investments.
You acknowledge and agree that the prices of blockchain assets are volatile and are subjects to significant fluctuations. We do not guarantee that the purchased asset will not lose its market value over time. Neither do we guarantee that the costs and speed of the blockchain transactions will not change and, as a result, that this change will not limit your access to your digital asset.
No Professional Advice
The information provided by or on behalf of DigitalArtists represents our current opinions and such opinions are subject to change without notice. Nothing contained on our website constitutes financial, legal, tax or other advice, nor should any investment or any other decisions be made solely based on the content of DigitalArtists. You should seek independent advice from a qualified expert before making any investment decision.
Limitation of Liability
DigitalArtists shall have no liability for any loss or damage incurred through the use of DigitalArtists or reliance on the information provided including without limitation, any loss of profit or any other damage, direct or consequential.
To the extent permitted by law and without limiting any of the foregoing, everything on DigitalArtists is provided to you on as “as is” basis, without warranty, either express or implied, of any kind. The Platform Content may contain inaccuracies or typographical errors. Your use of the Site is at your own risk. DigitalArtists makes no representations about the accuracy, reliability, completeness, or timeliness of the Platform Content or about the results to be obtained from using the Site.
Because some jurisdictions do not allow limitations on implied warranties, or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. We encourage you to check your local laws.
DigitalArtists can not guarantee or warrant the originality, authenticity and legality of the Digital Collectibles displayed, sold or auctioned on DigitalArtists platform.
Indemnity
To the fullest extent permitted by law, you shall indemnify and hold us, our affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents, harmless against any and all claims, causes of action, liabilities, damages, losses, and expenses (including but not limited to reasonable attorneys’ fees), arising out of or in connection with any inaccuracy, incompleteness or breach of any of your representations or warranties or breach of your obligations under these Terms of Service.
Governing law
These Terms of Service are governed by the laws of Bulgaria without regard to conflict of law principles. Any action or other legal proceedings arising out of or in connection with this Terms of Service shall be brought exclusively in the District Court in Sofia.
Changes to Terms of Service
We can change these Terms of Service; change, add or delete Services at any time.
We will notify you of such change by posting of amended terms. It is your responsibility to review these Terms of Service periodically.
