GENERAL CONDITIONS OF USE
- PLATFORM DATA
1.1. The contract for the provision of services is made with ArtcollectionVALUES, S.L. (hereinafter, Artcollection or the Platform), a Spanish company with address at Calle Del Justicia, 2 46004 Valencia Spain, and NIF B40647836, registered in the Mercantile Registry of Valencia, Volume 10798, Book 8077, Folio 44, Section 8, Page V191938 , inscription 1.
1.2. You can contact us by email at legal@CULTIONS.com
- SCOPE OF APPLICATION AND SERVICES
2.1. ARCOLLECTIONVALUES SL, hereinafter CULTIONS, through its web platform called CULTIONS, provides registration and digitization services through Web3 with Blockchain technology. Its services consist of the recording and digitalization of the creative processes of artists and their final result, with the purpose of disseminating both the creative processes and materializing the inspiration of artists in a new format, and at the same time their motivation for the realization of his creations. The final objective of the digital service will be to promote and claim sales, in gallery exhibitions or artists’ studios without galleries, of physical works of art and all this to promote the sensitivity and growth of physical art among art lovers.
2.2. CULTIONS is the platform that provides technological support services for the digital transformation of the aforementioned elements, the commercialization of the NAP®, and its availability in digital markets (Marketplace) so that they can be exhibited and traded, always referencing it to your work. real physics to give more value to it and motivate its sale in the artist’s gallery or studio.
2.3. Likewise, CULTIONS makes available to artists and galleries a digital community in which they can participate and give visibility to their artistic activity, their exhibitions or events, and information for users.
2.4. This website provides a digital platform service that allows users who create non-fungible tokens (NFTs) to generate and sell NFTs related to the world of art, which we call NAPs, which users can partially view. prior to your purchase, since there is exclusive content for the buyer. This platform works exclusively with non-fungible, indivisible, and unique Tokens, excluding, among others, the use of utility tokens, negotiable securities, financial instruments, semi-fungible tokens or SFTs, and NFTs or other fungible crypto assets.
2.5. The Platform intervenes as a contact environment, for general information on the world of art, as a facilitator of transactions, although it is not part of the purchase and sale contract between the Creator, or seller, and the Buyer of the NAPs, it also keeps a history of transactions carried out. If you wish to use our Platform to buy and sell your products, you must have a virtual portfolio or “wallet” compatible with the Polygon Blockchain, or any other that replaces it.
2.7. If you have any questions related to the General Contract Conditions or the Privacy Policies, you can contact us at the contact channels indicated in the following point.
3.1. The information in these conditions of use is in English. In case there is a translation of this text in another language and there are differences in interpretation, the original text in English will be considered correct.
- DOCUMENTATION FILE
4.1. The documentation related to operations and transactions between users are archived. You can access the orders placed in your Seller or Buyer user account.
- CULTIONS SERVICES
5.1. The CULTIONS platform will allow artists to create a NAP or a collection of NAPs in the Polygon network, or the one that replaces it, on the physical works that will be described in the configuration process of each NAP collection.
5.2. Likewise, artists may create NAPs at first or later add new NAPs to a collection created as long as they meet the conditions and that they will contain the digital content provided by the artist, which may be text, video, image, sound, or any other content. capable of being digitized. The NAPs of the reference physical work will have public information added, and private information only for the buyer. Certificate of authorship of the NAP content. Said NAP will be transferable and may contain a commission payment system.
5.3. The artist may create and sell a NAP or collections of these prior to sending all the information related to it and his physical reference work either by email to community@CULTIONS.com or through the web in the NAPs creation section.
5.4. The artist may include new NAPs from a previously sold collection, provided that the new NAPs are also related to the original physical work, provide news about the creation of that work, and are not the same as those created previously.
5.5. Likewise, and in relation to the previous point, the Artist may not increase, after its sale in the Marketplace, the number of units of a “serial” and limited NAP.
5.6. The artist authorizes CULTIONS to mine the NAPs and transmit them to the buyers. The mining and transmission will be carried out within a period not exceeding 48 hours from the payment to CULTIÓNS of its services.
5.7. The Artist may withdraw from the contract before a buyer pays the NAP price, once the NAP payment has been made, the token will be irrevocably minted and sent to the buyer.
5.8. CULTIONS will comply with its tax obligations in accordance with the legislation of its tax residence.
- OBLIGATIONS OF THE USER
6.1.1. Users will be considered web visitors, registered or not. Users who wish to buy the NAPs are obliged to use a valid virtual portfolio or “wallet”, in compliance with the requirements established by the applicable regulations and the policies and conditions of this Platform.
6.1.2. The user declares that he knows that his “wallet” is subject to the obligations and conditions set forth by its service provider, and that the “wallet” service provider is unrelated to this Platform.
6.1.3. The user states that he is solely responsible for the security and integrity of his “wallet” as well as for the non-sharing of access credentials to said “wallet” with third parties. You also state that you are responsible for your User Account on our Platform and for any “wallet” associated with it.
6.1.4. In case of detecting any incident in your “wallet” or in your User Account, you agree to inform your “wallet” service provider and the Platform, respectively.
6.1.5. Do not open user accounts on behalf of other users, registered or not, without their express authorization.
6.1.6. You will not upload content for the creation of NAPs that may induce suicide, incite hatred or violence, or are based on prohibited symbols, illegal, vexatious, sexual, or terrorist content.
6.1.7. The use or creation of NAPs and content that implies participation in securities offers or ICO-type offers is not accepted.
6.1.8. Do not spread spam or use the Service to propagate malicious software of any kind, reverse engineer or otherwise affect the availability of the Service.
6.2. USER-ARTIST SELLER
6.2.1. The User referred to as “Artist” from now on is the user who, after accepting these conditions, registers as an Artist on the CULTIONS platform to upload content created by himself for the creation of NAPs or a collection thereof.
6.2.2. The Artist must comply with the obligations set forth in these documents and specifically those of section 6.1 and this one.
6.2.4. The artist claims to be the author of all content uploaded to digitize and create each NAP.
6.2.5. The artist contracts the services of CULTIONS to create each NAP to be sold. For this reason, together with the NAP, it assigns any transferable right over the digitized content that allows the buyer to enjoy it, privately, by digital means. Thus, the artist, with each NAP, assigns the rights of the exhibition and private or public exhibition for the purpose of sale, collection, and communication that the content of the NFT could grant, as well as the right of the owner to transmit it. The right of reproduction of the content, transformation, or communication will not be transferred, if any. Likewise, the artist assigns the right to broadcast the NAP content if it is the only permanent transmission. Therefore, the public distribution right will not be transferred unless the NAP contains a commission payment schedule that allows the Artist and CULTIONS to receive distribution commissions. The owner of the transferred rights will always be the owner of the NAP.
6.2.6. The assignment of the previous rights is carried out exclusively and exclusively in favor of the owner of the NAP. The Artist may not use, reproduce, distribute, display, or transform the content of the NAP.
6.2.7. The artist undertakes to have an account on the Stripe payment platform, or payment system always determined by CULTIONS, to receive and make payments.
6.2.8. Likewise, the artist, for the purpose of the first and subsequent transmissions, as well as for collecting, authorizes CULTIONS to publicly display the content of the NAP.
6.2.9. The artist will pay CULTIONS a commission of 15% of the sale price for the transmission of each NAP. CULTIONS will send you an invoice justifying the commission with the Value Added Tax included.
6.2.10. The artist must comply with his tax obligations in accordance with his tax residence.
6.3. USER-SELLER GALLERY
6.3.1. The user called from now on GALLERY, is a natural or legal person that represents an Artist or the artist in relation to a specific exhibition.
6.3.2. The Gallery must prove the representation granted by the Artist.
6.3.3. The same economic conditions that the Artist has will apply to the Gallery if it sells directly.
6.4. BUYER USER
6.4.1. A purchasing user is the person who acquires a NAP.
6.4.3. The buyer will pay the price of each NAP through the payment platforms implemented by CULTIONS.
6.4.4. Once the NAP has been acquired, the buyer can withdraw it to their wallet, or deposit it and collect it in CULTIONS.
6.4.5. The buyer will not be able to reproduce or copy the content of the NAP, nor will he be able to display it publicly if the NAP has not implemented a commission payment system for such display. You may not transform it in whole or in part either.
6.4.6. The buyer also undertakes not to make public the private and secret content of the NAP.
6.4.7. Failure to comply with these clauses will lead to the blocking of the NAP by CULTIONS. The blocking will consist of preventing the transmission of the NAP and exhibition in the CULTIONS Marketplace.
6.4.8. The NAP is a digital content that is not provided on a material support, and that its creation has been made at the request and express consent of the purchasing user, so there is no right of withdrawal. Likewise, the buyer user is informed that he can download these contract conditions and store them, without prejudice to their being sent by email for their conservation. For the first acquisition of a NAP, the buyer must accept its creation. Likewise, by accepting the creation of the NAP, the buyer user acknowledges knowing that he loses his right of withdrawal.
6.5. RESELLER USER
6.5.1. The User called Reseller from now on, is the one who, being the owner of a NAP, transmits it again.
6.5.2. With the transmission of the NAP, the reseller transmits all the rights that he acquired in his day.
6.5.3. The Reseller is free to offer his NAP for sale at the price he deems most appropriate.
6.5.4. The reseller agrees to have an account on the Stripe payment platform, or payment system determined by CULTIONS, to receive and make payments.
6.5.5. When the Reseller sells the NAP, he must pay the Artist a commission of 10% of the sale price, and CULTIONS or Artist Gallery a commission of 5%, all with their corresponding taxes. These payments will be made automatically when it is transmitted on the CULTIONS platform and managed by the payment gateway.
6.5.6. The reseller undertakes not to make public the private and secret content of the purchased NAP.
- HOW TO PURCHASE CONTENT
7.1. To find the content you want, you can browse all sections of our website. By clicking on any of the sections you will find a wide variety of NAPs and collections. If you are looking for a specific NAP, you can find it using the built-in search engine on the web by entering any text that refers to the product you are looking for. If you do not find what you are looking for, please contact us so that we can help you find the content.
7.2. Once you have selected the NAP you wish to purchase and provided the necessary data to send it to your “wallet”, we will send you your purchase information by email. We ask you to review the order confirmation email and check all the information is correct. If you notice that there is any erroneous information, you can contact customer service through the email address c@CULTIONS.com.
- PAYMENT METHODS
8.1. The method of payment for purchases will be selected during the purchase process and payment, according to the method chosen, will be made at the end of the purchase process and will be an essential condition for its formalization. Accepted means of payment.
8.2. Purchases of NAPs will be made with a credit or debit card; they will be made through the Stripe payment gateway or platform that replaces it, for this purpose any user who wants to make a sale of a NAP must have an account on said payment platform that is used by CULTIONS.
- INTEGRITY OF THE PRESENT CLAUSES
9.1. The possible declaration, by a judicial or administrative body, of illegality, nullity, invalidity, or unenforceability of one or more clauses of this condition or part of them, will not lead to the illegality, nullity, invalidity, or unenforceability of the other clauses or of the remaining parts of the same, which will remain fully valid in all that proceeds, all provided that the clauses or part thereof declared illegal, null, invalid or unenforceable are not essential.
9.2. The clauses or parts of them declared illegal, null, invalid, or unenforceable will be understood as eliminated from the Agreement or not applicable in that circumstance, as the case may be, and the Parties will negotiate in good faith their replacement, and the measures that are most appropriate. to the purpose intended by them.
- RESERVES THE RIGHT TO MODIFY CONDITIONS. RESOLUTION PROCEDURE
10.1. CULTIONS reserves the right to modify these terms and conditions. When this occurs, CULTIONS must notify the Artist, Gallery, or Reseller by email, who will have fifteen calendar days to oppose the modification of conditions by email. In such case, the Artist, Gallery, or Reseller will not be able to create or sell more NAPs and the content that has been uploaded and has not been minted will be removed.
- EVENTS OUTSIDE OUR CONTROL
11.1. We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed when it is due to events caused by force majeure. The causes of force majeure will include any act, event, lack of exercise, omission, or accident that is beyond our reasonable control and among others, the following:
11.2. Strikes, lockouts or other industrial action.
11.3. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war.
11.4. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
11.5. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
11.6. Inability to use public or private telecommunication systems.
11.7. Acts, decrees, legislation, regulations or restrictions of any government or authority.
11.8. Falls of the Blockchain network in which the NAPs are issued.
11.9. It will be understood that the obligations will be suspended during the period in which the cause of force majeure continues, and we will have an extension in the term to fulfill said obligations for a period equal to the duration of the cause of force majeure.
11.10. We will use all reasonable means to end the force majeure event or to find a solution that allows us to fulfill our obligations despite the force majeure event.
- INDUSTRIAL AND INTELLECTUAL PROPERTY OF CULTIONS
12.1. You acknowledge and agree that all copyright, trademark, and other industrial and intellectual property rights on the materials or content provided as part of the Platform always correspond to us or to those who granted us a license for its use. You may use said material only in the manner expressly authorized by us or by those who granted us a license for its use. This will not prevent you from using this Platform to the extent necessary to copy your order information or Contact details.
12.2. You can contact us for claims for potential infringements of intellectual or industrial property rights, through the email legal@CULTIONS.com, identifying the subject, the content that violates rights and your contact information, as well as power of representation in case of acting on behalf of a third party.
- VIRUSES, HACKING AND OTHER COMPUTER ATTACKS
13.1. You must not misuse this Platform by intentionally introducing viruses, Trojan horses, worms, logic bombs or any other technologically harmful or damaging program or material into it.
13.2. You will not try to gain unauthorized access to this Platform, the server on which said page is hosted or any server, computer or database related to our Platform.
13.3. You agree not to attack this Platform through a denial-of-service attack or a distributed denial-of-service attack.
13.4. Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and will cooperate with them to discover the identity of the attacker.
13.5. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this Platform.
13.6. We will not be liable for any damage or loss resulting from a denial-of-service attack, virus, or any other technologically disruptive or harmful program or material that may affect your computer, computer equipment, data, or materials because of your use of this Platform or downloading content from it or to which it redirects.
- LINKS FROM OUR WEBSITE
14.1. If our Platform contains links to other web pages and materials from third parties, such links are provided for informational purposes only, without our having any control over the content of said web pages or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
- WRITTEN COMMUNICATIONS
15.1. The applicable regulations require that part of the information or communications that we send you be in writing, however, by using this Platform you accept that all communications with us are electronic by email. All communications directed or received from the address communicated by the user will be valid.
15.2. We will contact you by email or provide you with information by posting notices on this Platform. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
16.1. The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of the preceding clause and unless otherwise stipulated, we may send you communications either by e-mail or to the postal address provided by you when placing an order.
16.2. It will be understood that the notifications have been received and have been correctly made the moment they are posted on our Platform, 24 hours after an email has been sent, or three days after the postage date of any letter.
17.1. The lack of requirement on our part for strict compliance by you with any of the obligations assumed by you under a contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us under said contract or the Conditions, will not imply a waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.
17.2. No waiver by us of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver on our part of any of these Conditions or of the rights or actions derived from a contract will take effect unless it is expressly established that it is a waiver, and it is formalized and communicated to you through the different means of contact information that you provided us.
- RISKS ASSOCIATED WITH THE PRODUCT AND/OR SERVICE OF THE PLATFORM
18.1. You declare to understand and know that the NFTs called NAP do not represent a monetary value nor are they likely to produce economic returns.
18.2. You state that you are aware that the regulatory regime for NFTs and other Blockchain-based elements is underdeveloped and can change suddenly, which can drastically affect the functioning of the Platform itself. You represent that you are solely responsible for determining the taxes that apply to the NFTs when you make the Purchase.
18.3. We inform you that the transactions carried out in Blockchain networks are irreversible, and the Platform does not control the previous Blockchain networks with which the Buyer has interacted. The use of Blockchain networks and Internet-based systems may carry the risk of exposure to malicious software and hardware that in turn puts your User Account or your virtual portfolio or “wallet” at risk. The Platform cannot be held responsible for failures related to communication, distortion or error, delay, or affectation, regardless of the cause, that the user or the Buyer user may suffer during the use of the Service or linked Blockchain networks.
18.4. We inform you of the Platform’s power to restrict access to certain NFTs, bids, collections or any other element that may be affected by security problems and potential violation of rights. The Platform expresses its power to proceed with the interruption of the Service, especially when there are updates, corrections of operation or maintenance of the same.
18.5. You declare that you have carried out a study of the NFT ecosystem, prior to making purchase decisions, or any other enabled in the future. You are aware of the risk of purchasing third-party products and content, including the risk of purchasing products that are counterfeit or vulnerable to metadata corruption, or other errors that render the NFT non-transferable.
18.6. We inform you that if you as a user, or Buyer user, start a dispute or legal claim with another user, Buyer user, or Creator, the Platform will be exempt from any type of claim or compensation for damages of any nature related to the claim or dispute.
- PREVENTION OF MONEY LAUNDERING
19.1. In application of Law 10/2010, of April 28, on the prevention of money laundering and terrorist financing, the Platform reserves the right to carry out the investigations and the pertinent risk analysis in accounts, operations, and addresses of Creator users, Buyer users, and other users, to detect potential illegal actions and money laundering and/or financing of terrorism.
- PARTIAL NULLITY
20.1. If any of these Conditions or any provision of a contract were declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.
- APPLICABLE LAW AND JURISDICTION
21.1. The use of our Platform and the contracts for the purchase of products through said Platform will be governed by Spanish legislation. These General Conditions are subject to and will be governed in accordance with the provisions of the laws of Spain, in particular in:
21.2. Law 7/1998, of April 13, on General Conditions of Contract,
21.3. Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Consumer Protection Law and Users and other complementary laws,
21.4. Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and which repeals directive 95/46 /EC,
21.5. Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.
21.6. The parties submit, for the resolution of conflicts and waiving any other jurisdiction, to the Courts and Tribunals of the consumer’s domicile, if the applicable regulations so provide. Otherwise, the jurisdiction will be that of the Courts and Tribunals of Valencia.
- COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
22.1. We inform you that the Platform declines and excludes any responsibility derived from the purchase from a Creator by a Buyer and will not attend to or be responsible in any case for the different claims that may arise regarding purchases made by the Buyer. In the event of making a claim regarding a purchase made on the Platform, it should be addressed to the Content Creator. When the Creator’s response does not satisfy the Buyer, or if you do not receive a response, you can check if the Creator has joined intermediation or trust entities online, you can go to the EU platform http://ec.europa.eu/odr , conflict resolution and trust online, consumer arbitration or file a claim with the competent national authorities
22.2. Your comments and suggestions will be welcomed. We ask you to send us such comments and suggestions, as well as any queries, complaints or claims through our contact form, the telephone number, or the postal address or email indicated in Clause 2 of these General Contract Conditions.
22.3. In addition, we have official claim forms available to consumers and users. You can request them by calling the email address legal@CULTIONS.com or through our contact form.
22.4. Your complaints and claims before our customer service will be dealt with in the shortest possible time and, in any case, within a maximum period of one month. Likewise, they will be registered with an identification key that we will inform you of and will allow you to monitor them. If you as a consumer consider that your rights have been violated, you can address your complaints to us through the email address legal@CULTIONS.com to request an out-of-court dispute resolution.