Terms of Service
Paint Arts Marketplace
Welcome to Paint Arts, an online marketplace for trading Non-Fungible Tokens (NFTs). These Terms and Conditions outline the rules and guidelines for using our marketplace. By accessing and using Paint Arts, you agree to be bound by these terms. Please read them carefully before participating in any transactions on our marketplace.
1.General Terms
1.1Eligibility: In order to participate in the Paint
Arts marketplace, you must meet the eligibility
requirements. This means that you must be at least
18 years old or have the legal capacity to enter
into contracts as per the laws of your jurisdiction.
By accessing and using Paint Arts platform, you
confirm that you meet these eligibility
criteria.
1.2Account Creation: To engage in NFT trading on Paint
Arts, you are required to create a user account on
Paint Arts. During the account creation process, you
will be asked to provide certain information,
including personal details and contact information.
It is your responsibility to ensure that the
information you provide is accurate, up-to-date, and
complete. You are also responsible for maintaining
the confidentiality of your account credentials and
for all activities that occur under your account.
You must promptly notify Paint Arts if you become
aware of any unauthorized access or use of your
account.
1.3Fees and Payments: When creating and listing new
art or items on Paint Arts, a minting fee of
0.1
ETH will be charged per art or item. Paint Arts
charges 15% commission on every NFT sales payable in
ETH. It is your responsibility as a seller to review
and understand the applicable fees associated with
each transaction. Payments for NFT purchases will be
processed securely through our designated payment
processor.
1.4Compliance with Laws: When using the Paint Arts
platform, you agree to comply with all applicable
laws, rules, and regulations governing the purchase,
sale, and trading of NFTs. It is your responsibility
to understand and adhere to the legal requirements
specific to your jurisdiction. By accessing and
using Paint Arts, you confirm that your activities
on the platform are lawful in your jurisdiction and
that you will not engage in any illegal or
prohibited activities.
1.5Platform Usage: Paint Arts serves as an online
marketplace that facilitates the buying, selling,
and trading of NFTs. It is important to note that
Paint Arts does not own or endorse any of the NFTs
listed on the platform. We act as an intermediary,
providing the platform for users to connect and
transact. As such, any transactions, agreements, or
interactions between users are solely the
responsibility of the participating users. Paint
Arts does not guarantee the accuracy, quality,
legality, or authenticity of the NFTs listed on the
platform. It is your responsibility to conduct due
diligence and assess the authenticity, ownership
rights, and accuracy of the NFTs before engaging in
any transactions.
2.NFT Listings and Transactions
2.1Ownership and Authenticity: As a seller on Paint
Arts, it is imperative that you have the legal
rights to sell the NFTs you list on the platform. By
listing an NFT for sale, you represent and warrant
that you are the rightful owner of the NFT and have
the authority to transfer ownership to the buyer.
Paint Arts may require you to undergo an insurance
verification process to confirm your ownership
rights and to provide a level of assurance to
potential buyers. It is your responsibility to
ensure that the NFTs you list are accurately
described and that the images and information
provided reflect the actual item for sale.
2.2Prohibited Content: Paint Arts strictly prohibits
the listing or trading of NFTs that are illegal,
fraudulent, offensive, infringe on intellectual
property rights, or violate these Terms and
Conditions. You may not list NFTs that contain
explicit or adult content, promote hate speech, or
engage in any form of illegal activity. Paint Arts
reserves the right to remove any content that
violates these guidelines and may take appropriate
action, including suspending or terminating the
accounts of users who repeatedly violate these
rules.
2.3Disputes and Refunds: In the event of any disputes
between buyers and sellers, Paint Arts encourages
users to resolve such issues amicably. Paint Arts
does not act as an arbiter in these disputes and is
not responsible for mediating or resolving them. The
resolution of disputes, including refunds or returns
of NFTs, is at the discretion of the seller unless
otherwise required by applicable laws or
regulations. It is recommended that buyers and
sellers communicate openly and honestly to address
any concerns or discrepancies that may arise during
the transaction process.
3.Intellectual Property
3.1Copyright: Paint Arts expects all users to respect
the intellectual property rights of others. You may
not use, reproduce, distribute, or modify any
copyrighted material without proper authorization
from the rights holder. When listing an NFT for sale
on Paint Arts, you must ensure that you have the
necessary rights, licenses, or permissions to
include any copyrighted material within the NFT. By
listing an NFT on the platform, you affirm that you
are not infringing upon any third party intellectual
property rights. If your account should get flagged
for a copyright infringement case, you will be
required to maintain a minimum balance of
1
ETH which will serve as an insurance cover for the
verification/resolution process.
This amount will be fully refunded upon resolution
of the copyright infringement case.
3.2License: By listing an NFT for sale on Paint Arts,
you grant Paint Arts a non-exclusive, worldwide,
royalty-free license to display, reproduce, and
promote the NFT to facilitate transactions on the
platform. This license allows Paint Arts to showcase
the NFT in listings, search results, promotional
materials, and other marketing efforts related to
the platform. The license granted to Paint Arts is
limited to the extent necessary to provide the
services and functionalities of the platform. Please
note that this license does not transfer ownership
of the NFT to Paint Arts or any other users.
Ownership rights remain with the respective NFT
owners, and Paint Arts does not claim any ownership
or control over the NFTs listed on the platform. It
is your responsibility as a user to ensure that your
actions on Paint Arts comply with applicable
intellectual property laws and respect the rights of
others. Paint Arts reserves the right to remove any
NFT listings or take appropriate action in response
to notices of alleged copyright infringement or
other intellectual property violations. If you
believe that your copyrighted work has been
infringed upon on the Paint Arts platform, please
follow the procedures outlined in our Copyright
Policy to report the infringement.
4.Termination and Suspension
4.1Termination: Paint Arts reserves the right to
suspend or terminate your account or access to the
platform at any time and for any reason. This
includes, but is not limited to, violations of these
Terms and Conditions suspected fraudulent activity,
or any other conduct that Paint Arts deems
inappropriate or harmful to the platform or its
users. In the event of termination, you will no
longer have access to your account and any ongoing
transactions or listings may be canceled.
4.2Account Deletion: If you wish to delete your
account on Paint Arts, please contact our support
team or follow the account deletion procedures
specified on the platform. Deleting your account
will permanently remove your personal information
and any associated data from the platform. Please
note that once your account is deleted, it cannot be
restored, and any ongoing transactions or listings
will be canceled. Paint Arts reserves the right to
retain certain information related to your account,
as required by law or for legitimate business
purposes, even after account deletion. Such retained
information will be handled in accordance with Paint
Arts's Privacy Policy.
5.Limitation of Liability
5.1Paint Arts and its affiliates will not be liable
for any direct, indirect, incidental, consequential,
or punitive damages arising from the use of the
platform. This includes but is not limited to, loss
of profits, data, or reputation, even if Paint Arts
has been advised of the possibility of such
damages.
5.2Paint Arts strives to provide a secure and reliable
platform for NFT trading, but we do not guarantee
the continuous availability, accuracy, or
reliability of the platform or its services. While
we take reasonable measures to maintain the security
of user accounts and transactions, Paint Arts cannot
guarantee that unauthorized third parties will not
gain access to user information or interfere with
the platform's operations. Therefore, you agree
to use Paint Arts at your own risk.
5.3Paint Arts is not responsible for any disputes,
disagreements, or issues that may arise between
users in connection with NFT transactions conducted
on the platform. Any transactions, agreements, or
interactions between users are solely the
responsibility of the participating users. Paint
Arts encourages users to communicate openly and
resolve disputes amicably. However, Paint Arts is
not liable for any losses or damages resulting from
such disputes.
5.4Some jurisdictions do not allow the exclusion or
limitation of liability for certain types of
damages. Therefore, to the extent that such
exclusions or limitations are not permitted under
applicable law, the above limitations may not apply
to you. By using Paint Arts, you agree to release
and hold harmless Paint Arts and its affiliates from
any claims, demands, or damages, whether direct or
indirect, arising out of or in connection with your
use of the platform.
6.Amendments
6.1Paint Arts reserves the right to modify these Terms
and Conditions at any time without prior notice. Any
changes or updates to these terms will be effective
immediately upon posting on Paint Arts website or
through other means of communication provided by
Paint Arts. It is your responsibility to review
these Terms and Conditions periodically to stay
informed of any changes.
6.2By continuing to use Paint Arts after any
modifications to the Terms and Conditions have been
made, you acknowledge and agree to be bound by the
revised terms. If you do not agree with the modified
terms, you must stop using Paint Arts.
6.3Paint Arts may also introduce additional terms,
policies, or guidelines that govern specific
features, services, or offerings provided on the
platform. Such additional terms will be presented to
you and will be considered as part of these Terms
and Conditions.
6.4In the event of any conflict or inconsistency
between these Terms and Conditions and any
additional terms or policies, the additional terms
or policies will prevail to the extent of the
inconsistency. Paint Arts encourages you to
regularly review the Terms and Conditions to ensure
that you are aware of any updates or changes that
may affect your use of the platform.