The Platform will only recognize you as a User, and you will only be able to interact with the Platform if your Ethereum electronic wallet is connected and unlocked through your MetaMask account. There is no other way to sign up as a User or to interact directly with the Platform. MetaMask is an electronic wallet, that allows you to purchase (either directly via Coinbase if you are in the United States, or via other third-party sites), store, and engage in transactions using the native Wrapped Ethereum cryptocurrency, WETH, or the US Dollar Coin, USDC. You will not be able to engage in any transactions on the Platform other than through MetaMask (or other Ethereum-compatible browsers). To have the easiest access to use the Platform, you should first install the Google Chrome or Brave web browser.

The Platform or Site may include hyperlinks to other websites or resources (collectively, “External Sites”), which are provided solely as a convenience to our Users. We however have no control over and hence no responsibility for such External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites and that we do not endorse any advertising, products, or other materials on or made available from any External Sites. You also acknowledge and agree that we are not liable for any loss or damage which may be incurred because of the availability or unavailability of the External Sites, or because of any reliance placed by you upon the completeness, accuracy, or existence of any advertising, products, or other materials on, or made available from, any External Sites.

All transactions are recorded on the Public Ethereum Blockchain. Transactions that take place on the Platform are managed and confirmed via the Ethereum blockchain. As a User, you understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Platform. We neither own nor control MetaMask, Coinbase, Google Chrome, the Ethereum network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will be therefore not liable for the acts or omissions of any such third parties, or for any damage that you may suffer because of your transactions or any other interaction with any such third parties.

Collectors, but they do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the underlying Artwork, unless these rights are explicitly granted to them by means of the creator’s (Artist) written consent.

Collectors have the right to sell, trade, transfer, destroy, or use and may show off their ownership of collected ARTXCHAINS Items by displaying and sharing the Underlying Artwork, but they may not make “commercial use” of the underlying Work. i.e., by selling copies of Work, selling third-party access to the Work, selling derivative works embodying the Work, or otherwise commercially exploiting the Work. The Artist/Museum reserves all exclusive intellectual rights to Artworks underlying ARTXCHAINS Items Minted by the Artist on the Platform, including but not limited to the right to reproduce, prepare derivative works, display, perform, and distribute the Artworks.

Your use of the Platform does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Platform. The Platform is the Property of ARTXCHAINS and we or - as applicable - our licensors own all legal rights, titles, and interests in and to all elements of the Platform. The graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, a compilation of the content, code, data, and all other elements of the Platform (collectively, the “ARTXCHAINS Materials”) are owned by ARTXCHAINS and are therefore protected by copyright, trade dress, patent, and trademark laws, international conventions, or other relevant intellectual property and proprietary rights.

Owning an ARTXCHAINS Item means you own a cryptographic token representing the Artist’s creative Work as a piece of property, but you do not own the creative Work itself. The Smart Contracts and the Site merely facilitate the collection of our Items by the User, but ARTXCHAINS and its Affiliates, the Platform, and the Smart Contracts are not the custodians of any User-owned ARTXCHAINS Items.

Artist herewith assures that works Minted on the ARTXCHAINS Platform contain only original artistic content otherwise authorized for use by the Artist. To the extent, that a Work contains unoriginal content, including content from Works by other ARTXCHAINS Artists, the Artist further represents and warrants that it has the authorization and permission to incorporate the unoriginal content. The Artist/Museum represents and warrants that the sales, display, or performance of minted ARTXCHAINS Item on the Platform is not a violation of any agreement, contract, or obligation owed to a third party.

User will provide accurate, correct, and complete registration information when creating an account on the Platform, and to maintain and promptly update the account information whenever deemed necessary. You agree that you are solely responsible for the security of your account and your MetaMask wallet (and other Ethereum wallets and accounts) by maintaining adequate security and control of all your Account details, passwords, personal identification numbers, or any other codes you use to access the Platform or the Services. You ensure that the Account(s) registered under your name will not be used by any other person.

You must notify us immediately of any breach of security, loss, theft, or unauthorized use of your username, password, or security information at [email protected]. ARTXCHAINS reserves the right to terminate, suspend or restrict your access to any Account(s), if there is reasonable suspicion by us that the person logged into your Account(s) is not you or if we suspect that the Account(s) is hacked and have been or will be used for any illegal, fraudulent, or unauthorized purposes. ARTXCHAINS and its Affiliates in accordance with these Terms will not be responsible or liable for any direct or indirect losses (including loss of profits, business, or opportunities), damages, or costs suffered by you or any other person or entity due to any such termination, suspension, or restriction of access to any Account(s).

You as User agree to use the Platform only for purposes that are legal, and in accordance with these Terms and any applicable laws or regulations. Without limitation, you may not, and may not allow any other third party to:

You confirm that you are over the age of 18, as the Platform is not intended for individuals under 18. If you are 13 or older but under 18 - or the legal age of majority, if your residence jurisdiction has another majority age, then you agree to review these Terms with your parents or guardian to ensure that you all have understood and agreed to these Terms, or you let your parents or guardians review these Terms on your behalf. If you are a parent or guardian on behalf of or for the benefit of a minor older than 13 and younger than 18, then you agree to take over full responsibility for the minor’s use of and access to the Platform including the related consequences and risks.

All items (“Art”, “Work(s)”, “Artwork(s)”, or “Creation(s)”) on the ARTXCHAINS Platform are represented by a unique cryptographic token exclusively minted by one of our approved Artists. Each ARTXCHAINS Item (“Item(s)”, “Token(s)”, “Non-Fungible Token(s)”, or “NFT(s)”) is Minted by an Artist using the ARTXCHAINS Smart Contracts based on an Artist’s original Artwork.

ARTXCHAINS Items are forever tracked and stored on the Ethereum blockchain, providing the Collector of an ARTXCHAINS Item with a permanent record of authenticity and ownership. Only Artists invited and approved by us can use the Platform to “Mint” and sell ARTXCHAINS Items. Artworks minted and sold on the ARTXCHAINS Marketplace include, but are not limited to visual works, audio-visual works, animations, audio, photographs, 3D works, GIFS, and other creative digital works.

Artists seeking an invitation to create and list works for sale on the ARTXCHAINS Platform must submit a “Partnership Submission” found here. ARTXCHAINS has sole discretion in curating its Artist/Museum Network and makes no guarantees or promises that Artists/Museums will be approved and accepted to the Platform, even if the Artist/Museum was invited by a member of the ARTXCHAINS Team to submit the Request.

Approved Artists are “Whitelisted” and granted permission to Mint ARTXCHAINS Items using one or more of our Smart Contracts. To create an ARTXCHAINS Item, Approved Artists/Museums must upload an original digital Artwork, provide information about the artwork, authenticate the work, initiate a request to a token Minting Smart Contract, and – voila – the Artist has Minted a unique, cryptographic token representing a digital version of the artwork.

By Minting an ARTXCHAINS Item, Artists expressly represent and warrant that their Work is an original creation and free from any third-party claims or rights. Artists are not allowed to mint Works consisting of unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Artist, not authorized for use by the Artist, not in the public domain, or otherwise without a valid claim of fair use.

To initiate a transaction on the ARTXCHAINS Marketplace, the User must voluntarily invoke one or more Smart Contract operations from an Ethereum Wallet. All transactions on ARTXCHAINS Marketplace, including but not limited to transfers, offers, bids, listings, sales, or purchases of ARTXCHAINS Items are initiated through one or more Smart Contracts at the sole discretion and complete risk of the Users.

The Smart Contracts are configured to facilitate the execution of a voluntary User offer, an acceptance of an offer, or other confirmation to purchase, sell, bid on, list, or transfer an ARTXCHAINS Item. You herewith also acknowledge the risk of Smart Contracts and hence agree to be bound by the outcome of any Smart Contract operation by invoking, calling, requesting, or otherwise engaging with the Smart Contract, whether the Smart Contract operates as you expect it to do or not.

Users understand and agree that such technologies are experimental, speculative, sometimes unpredictable, and inherently risky and therefore, acknowledge and agree that the ARTXCHAINS smart contracts may be subject to bugs, malfunctions, timing errors, hacking, and theft, or change to the protocol rules of the Ethereum blockchain (i.e., `forks`), which can adversely affect the smart contracts and may expose you to a risk of a total loss, forfeiture of your digital currency or ARTXCHAINS Items, or lost opportunities to buy or sell ARTXCHAINS Items. ARTXCHAINS carries no liability or responsibility for any such technological risks, smart contracts, related failures, or uncertainties.

Users hereby acknowledge and assume the risk of initiating, interacting with, and participating in Marketplace or Auction transactions and take full responsibility and liability for the outcome of any transaction they initiate, whether the smart contracts, the ARTXCHAINS Site, or other market participants behave as expected or intended or not. Users hereby represent that they themselves are knowledgeable, experienced, and sophisticated in using blockchain technology, the ARTXCHAINS site, and in initiating Ethereum-based transactions, or they have the support of reliable competent advisors in such matters.

It is strictly prohibited to engage in any attack, hack, denial-of-service attack, interference, or exploit of any ARTXCHAINS smart contract. Operations performed by a User that is technically permitted by an ARTXCHAINS smart contract may nevertheless be a violation of our Terms of Service and the applicable laws and regulations.

ARTXCHAINS Marketplace transactions, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations through the Site utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. The ARTXCHAINS Platform facilitates a peer-to-peer digital art Marketplace and auction house where Artists, Museums, Collectors, and other Users can sell, purchase, list for auction, make offers, and bid on ARTXCHAINS Items. Collectors can obtain ARTXCHAINS Items by making an offer accepted by the Artist, purchasing at an established List Price, or bidding on Items available in one of our revolutionary smart contract-enabled auctions.

ARTXCHAINS Items are optionally offered for immediate acceptance at a List Price (in WETH, or USDC) established by the Artist/Museum. Collectors can purchase ARTXCHAINS Items with a List Price through the Site by sending an equivalent amount of WETH, or USDC to a Smart Contract configured to initiate a transfer of the ARTXCHAINS Item, plus additional fees, and gas fees. Users can make offers on all listed ARTXCHAINS Items through the Site. Offers on the ARTXCHAINS Marketplace are legally binding, revocable offers to purchase the Item capable of immediate acceptance by the Owner of the Item. By making an offer, the Collector agrees to temporarily send and lose control over an amount of offered ETH, or USDC to a Smart Contract. The Smart Contract is configured to hold the offered ETH, or USDC until either the offer is accepted by the Owner of the Item, a higher offer is received, or the offer is revoked. The Owner of the Item has the unilateral authority to accept or decline the bid.

All Marketplace transactions are executed by one or more Smart Contracts processed on the Ethereum Virtual Machine and not under any direct control by ARTXCHAINS or any other third party. User acknowledges and agrees that ARTXCHAINS is not a party to any agreement or transaction between any Users involving the purchase, offer, sale, auction, or transfer of ARTXCHAINS Items, whether a commission or fee is received by ARTXCHAINS because of the transaction or not. We reserve the right to execute Smart Contract transactions on the ARTXCHAINS Marketplace as a collector of ARTXCHAINS items. User therefore agrees and acknowledges that ARTXCHAINS is neither a fiduciary nor owes any duties to any User of the platform, including the duty to ensure fair pricing of ARTXCHAINS Items or to police Users’ behaviour on the Marketplace.

Every transaction on the ARTXCHAINS Marketplace is subject to Fees collected to support the Artists/Museums and the ARTXCHAINS Platform functionality. We collect a 3% Marketplace Fee based on the Sales Price for every Sale of an ARTXCHAINS Item on the Marketplace. For example, a Collector purchasing an ARTXCHAINS Item for 1.00 WETH will eventually pay 1.03 WETH.

The amount of Fees for the sale of an ARTXCHAINS Item also depends on whether the transaction involves the ARTXCHAINS Item’s first actual sale transaction (“Primary Sale”) or a subsequent sale in the secondary market (“Secondary Market Sale”). All Fees are collected and distributed at the time of the purchase of an ARTXCHAINS Item by operation of the Smart Contracts.

The Artist/Museum receives 84.5% of the Total Sale Price for Primary Sales. ARTXCHAINS collects 15.5% of the Total Sale Price as commission. Artists/Museums can set their Royalty Percentages they would like to receive and will be able to collect this Royalty based on the total Sale Price for Secondary Market Sales paid by the Collector who sells the ARTXCHAINS Item. The Royalty is deducted from the total Sale Price automatically at the time of the purchase by operation of the Smart Contracts. For example, a Collector selling an ARTXCHAINS Item for 1 WETH on the Secondary Market will receive only 0.90 WETH, while the Artist or Creator of the ARTXCHAINS Item receives the remaining 0.10 WETH as a Royalty.

The Ethereum network requires the payment of a certain fee (a “Gas fee”) for every transaction that occurs on the network, and thus every transaction occurring on the ARTXCHAINS Platform. User is herewith informed about the non-refundable unpredicted changes in Gas Fee amounts, which are entirely outside of ARTXCHAINS’ or the ARTXCHAINS Platform’s control, and User acknowledges that under no circumstances will a contract, agreement, offer, sales, bid, or other transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to you.

The user agrees and understands that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the Smart Contracts on the Ethereum blockchain network. By transacting on the Platform and by using the Smart Contracts, you as the User hereby acknowledge, consent to, and accept all automated fees, commissions, and royalties processed for the sales and purchase of Items on the ARTXCHAINS Platform.

User also agrees to be bound by the Smart Contracts’ execution and distribution of the fees, commissions, and Secondary Market sales royalties and waive any entitlement to royalties, commissions, or fees paid to another (an ARTXCHAINS Artist/Museum) by operation of the Platform’s Smart Contracts.

User is responsible for paying sales, use, value-added, and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority of their jurisdiction associated with their use of the Platform, including, without limitation, any taxes that may become payable as the result of their ownership, trade, transfer, purchase, sales, or creation of any artworks.

ARTXCHAINS does not generally collect or process any fees, commissions, or royalties for transactions occurring outside of the ARTXCHAINS Marketplace or otherwise not involving ARTXCHAINS Smart Contracts. You are explicitly prohibited from minting, selling, or offering ARTXCHAINS Items on the Site or through the ARTXCHAINS Smart Contracts related to any such off- market activity. To support ARTXCHAINS Artists/Museums, Users should list Items that were originally minted using the ARTXCHAINS Smart Contracts or otherwise available through the Site for sales exclusively on the ARTXCHAINS Marketplace. The Artist and all other Users hereby waive any entitlement to royalties, commissions, or fees for off-market transactions. The User irrevocably releases, acquits, and forever discharges ARTXCHAINS and its subsidiaries, affiliates, officers, and successors of any liability for royalties, fines, or fees not received by the User from any off-market transaction.

Users are strictly prohibited from arranging for, causing, or conducting any pre-sales activity relating to, or making sales or offers for options for, unsold or unminted ARTXCHAINS Items involving any off-market NFT mint, sale, burn, or transfer transactions occurring or originating outside of the ARTXCHAINS Marketplace, the Site, or transactions that otherwise do not involve our Smart Contracts.

Users in violation of this term shall compensate ARTXCHAINS, or any other recipients identified by the ARTXCHAINS Smart Contracts, the amount that would have been received from an appropriate sales process of the ARTXCHAINS Item(s) that were transferred or made available to others in violation of this section.

No art marketplace would be complete without an auction house, which is why ARTXCHAINS has expanded upon its core set of Smart Contracts to introduce Auctions. We are steadily progressing the decentralization of art through these new market mechanics, always ensuring that Users understand, acknowledge, and accept the risks of participating in Auctions, as providing the excitement of a live, peer-to-peer digital auction within a smart contract-enabled art marketplace does not go without certain risks for auction participants.

In a Scheduled Auction, the Owner establishes a specific start and end time for an Auction for artwork to go live. Owners may optionally include a Starting Price. If the Starting Price is met by an Auction Participant, the work will be sold. Works without a Starting Price will be sold to the highest bidder, no matter what the bid is. A Scheduled Auction may be cancelled prior to the start of the auction, i.e., when it is counting down to kick-off. After the auction begins, it cannot be stopped, cancelled, or undone. Owners that initiate Scheduled Auctions should be prepared to sell their works at the Starting Price, or at any price if no Starting Price is established.

Once initiated, Scheduled Auctions last for a discrete window of time (between 1 hour and up to 14 days). If a bid is placed within the last 15 minutes of an Auction, the auction time is extended by 15 minutes from the time of the bid to accommodate last-minute bids. You understand that timed auction features may be subject to error on the blockchain and only represent an approximate of the start or end time remaining for a particular Auction. Participants should get their bids in as early as possible to ensure that they are processed by the Auction smart contract before the Auction closing.

By accepting these Terms or using the Platform, you affirmatively acknowledge and agree to our Auction Terms of Use, which are incorporated herein. Please visit the ARTXCHAINS Auction Feature FAQ. for more information on how to set up and participate in an Auction.

The valuation of blockchain assets and non-fungible tokens is extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of the ARTXCHAINS Items, which may also be subject to significant price volatility and financial risks. The Platform, WETH, USDS Items, and digital asset valuation could be impacted or limited by the market or public interest fluctuation, copyright infringement claims, regulatory inquiries, and actions, or legislative policies.

Digital assets are, by their nature, highly experimental, risky, and volatile. Transactions carried through the Platform are – due to the nature of Smart contracts - irreversible, final, and non- refundable. The user herewith confirms understanding and acknowledges the risks associated with cryptocurrency systems, Ethereum Blockchain, NFTs, interplanetary file systems, and smart contracts. Hence, ARTXCHAINS and its affiliates will not be liable for any losses or damages User may face out of usage of Ethereum Network or the Metamask digital wallet, corrupted wallet files, server failures, loss of data, User errors (i.e., forgotten password), unauthorized third-party activities or attacks, incorrectly construed smart contracts, or other transactions, as well as technical issues, changes or failures on the Ethereum Blockchain or any Ethereum compatible browser or wallet.

User acknowledges and agrees to carefully consider whether creating, buying, or selling digital assets is suitable for them considering their circumstances, their knowledge, and their risk appetite, as well as their financial resources, and will therefore access and use the Platform at their own risk and all the transaction decisions are made solely by them under their sole responsibility. User will indemnify ARTXCHAINS and its affiliates from any sort of responsibility or liability for their risk, damages, or losses. It is further agreed and understood that the operation of all or any portion of the ARTXCHAINS Platform and the provided information shall not be deemed financial or investment advice.

The ARTXCHAINS Marketplace is a transparent and open digital art Marketplace that relies on the honest, transparent commitment and participation of all Users. Users are explicitly prohibited from:

For example, and without limitation, Users will not use the Platform and any Smart Contract to conceal or transfer proceeds or assets relating to criminal activity or to pay for an Item for any other reason than to really obtain the Item.

All Users expressly represent and warrant by performing transactions involving the ARTXCHAINS Site or Smart Contracts, that their actions are compliant with United Kingdom law and the applicable laws of the jurisdiction from which they initiate the transaction.

ARTXCHAINS Items are NFTs and hence unique and exclusive, meaning that there should be only one digital token on one single platform for a given Work of Art. Artist hereby acknowledges, understands, and agrees that Minting a Work on the Platform constitutes an express representation, warranty, and covenant that the Artist/Museum has not, will not, and will not cause another to Mint, tokenize, or create another cryptographic token representing a digital collectible for the same Work.

User hereby agrees and acknowledges that any prohibited Marketplace conduct described herein may be a violation of federal or state law and/or these Terms. ARTXCHAINS hereby reserves the right to completely or partially restrict or revoke a User’s access to the Site for violating these Terms. We reserve the right to amend, rectify, edit, or otherwise alter ARTXCHAINS Market transaction data to mitigate damages or risks caused by a User’s violation of these terms.

To contribute to the Platform`s safety and to your own protection, you agree to promptly report suspicious market activity of any ARTXCHAINS User to our team via [email protected]. While violations of the Marketplace Code of Conduct may result in ARTXCHAINS’ intervention, ARTXCHAINS, and its subsidiaries, affiliates, officers, and successors will be held harmless for and against all past or future causes of action, suits, or controversies arising out of another User’s violation of these Terms.

The Artist/Museum hereby acknowledges, understands, and agrees that Minting a Work on the Platform constitutes an express and affirmative grant to ARTXCHAINS, its affiliates, and successors a non-exclusive, worldwide, assignable, sub-licensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute the Work on any media whether now known or later discovered for the broad purpose of promoting, sharing, developing, marketing, and advertising the Platform, the Site, the Marketplace, or any other purpose related to the ARTXCHAINS Platform or business purpose, including without limitation, the express right to: