Terms of Service
Welcome to the Digitalartists.com. DigitalArtists.com is a web3 platform that enables its users to discover, display, auction and purchase unique digital art embedded on the blockchain using smart contracts (“NFT” – non-fungible token), such as visual artwork, animation, audio files and other creative content. 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
MEDIA.BG GROUP Limited,
Mladost 133, ent. 8, fl. 5, ap. 173,
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 NFTs.
Auction
DigitalArtists organizes a sales event wherein Collectors place competitive bids on NFTs through the Platform. (“Auction”). The duration of an Auction is defined by DigitalArtists on a page dedicated to the Auction of the respective NFT.
Once the bid is placed through the Platform, the bid is final and cannot be reversed. The purchaser of an auctioned NFT is the highest bidder accepted for an NFT on the close of the Auction. The bidding price will be automatically 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 NFT, 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 an NFT auctioned by DigitalArtists.
For Artists
- the NFT 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 NFT
- has not sold, tokenized or created another cryptographic token for the same NFT
- the Artist has not given any third party permission to use the NFT
- 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
How to use the Service
In order to purchase, store, and engage with NFTs on DigitalArtists, 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.
All transactions on DigitalArtists are done using ether (ETH) unless otherwise specified by us.
Payment Terms and Fees
You agree and understand that buying, selling, or transferring NFTs 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 blockchain network. Fees include, but not limited to: commissions on secondary sales of NFTs, payable to the Artists of such NFT and transaction fee, so-called “Gas Fees”, paid on the Ethereum blockchain network 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 NFT 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 Site.
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
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 Platform Content. Any rights not expressly granted herein are reserved by us.
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
All investments are subject to risk, including the possible loss of money you invest. Investors should not invest in the block-chain industry unless they understand its nature and the extent of their exposure to risk. Investors are responsible for making their own investment decisions, and for ensuring they are, and continue to be, eligible to hold their 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 DigitalArists. 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 NFTs 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 Germany 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 (Landgericht) in Berlin.
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.
