Terms & Conditions

ArtAtak’s Terms of Use

ArtAtak is a platform that allows you to buy, sell, and display Non-Fungible Tokens (“NFT”). These Terms of Use are entered into by and between you and ArtAtak Visual LLC (“ArtAtak,” “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of the ArtAtak NFT marketplace platform, including any content, functionality, and services offered on or through https://artatak.io (the “Site”).

1) Accepting these Terms

The ArtAtak Platform (the “Platform”) provides you with the ability to create, sell, buy, bid, collect, exchange, display and otherwise transact certain digital media and works of art including real world art objects (“NFT Media”) that can be represented as non-fungible tokens (“NFT”) on a blockchain. We facilitate transactions between NFT buyers and NFT sellers, but we are not a party to any agreement between an NFT buyer and an NFT seller on the Platform. We collect revenue on the ArtAtak Platform in the form of transaction fees, commission fees and other applicable fees, which we display when you interact with the ArtAtak Platform and during the check-out process. The Company reserves the right to make the final decisions on any disputes arising from purchases through the ArtAtak Platform, including in connection with any auctions or other purchase methods.

Please note that this Agreement contains an arbitration clause and class action waiver. By agreeing to these Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.

ArtAtak serves the right to change or modify these Terms of Use at any time and in our sole discretion. You agree and understand that by logging into your account, accessing or using the Site following any change to these Terms of Use, you agree to the revised Terms of Use and all of the terms incorporated therein by reference. We encourage you to review the Terms of Use from time to time to ensure that you understand the terms and conditions that apply when you access or use the Site.

2) Your ArtAtak Account

You need to create an account within the ArtAtak Platform to use the Services. When you create an account, we will ask you for some information about yourself. In order to mitigate the risk of fraud or breach of artists’ rights, we may require you, in our sole discretion, to provide additional information and/or documents. If you do not provide complete and accurate information and/or documents in response to such a request, we may refuse to provide you with the Services.

Your ArtAtak Platform account is subject to the following conditions:

Unique account: you may only open one account on ArtAtak Platform. If we have a reasonable suspicion that you have opened multiple accounts on ArtAtak Platform, we reserve the right to take whatever action we deem appropriate, including but not limited to closing and/or freezing your accounts.
Access: you understand and agree that access to your ArtAtak account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your ArtAtak account to any person without our prior written permission.
Security: you understand and agree that you are solely responsible for maintaining the security of your account and control over any user names, passwords, or any other codes that you use to access the Services. Any unauthorized access to your account by third parties could result in the loss or theft of NFT and/or funds sent/received to/in your account. You understand and agree that you will not hold us responsible for managing and maintaining the security of your account. You further understand and agree that we are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify us immediately.
Trading Fees: by buying or selling a NFT on the Platform, you agree to pay all applicable fees and you authorize ArtAtak to automatically deduct fees directly from your payment. You will always be provided with a breakdown of fees prior to your purchase or sale of an NFT.
Communication: you agree and understand that we will communicate with you via electronic means. To ensure that you receive all of our communications, you agree to keep your email address and telephone number current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other communications delivered to your email address on record is considered valid.
Unclaimed Property: if the Platform is holding any assets in your account and has no record of your use of the Service for several years, we may be required, upon passage of applicable time periods, to report these funds as unclaimed property in accordance with the abandoned property and escheat laws. If this occurs, we will use reasonable efforts to give you written notice. If you fail to respond within seven business days or as required by law, we may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. We reserve the right to deduct a dormancy fee or administrative fee from such unclaimed funds, as permitted by applicable law.

3) Account Suspension

You agree that ArtAtak has the right to immediately suspend your account, pause or cancel your access to the Services, or close your account if we suspect, in our sole discretion, that (1) your account is being used for money laundering or any illegal activity; (2) you have concealed or provided false identification information or other details; (3) you have engaged in fraudulent activity; (4) you have acquired NFT using inappropriate methods (including but not limited to using stolen funds or payments methods, or attempting to chargeback your payment while retaining or disposing of a NFT); (5) you are using, employing, or operating bots or other forms of automation and/or multiple accounts to engage in any activity on ArtAtak; or (6) you have otherwise acted in violation of these Terms of Use. IF ARTATAK HAS A REASONABLE BELIEF THAT YOU HAVE ENGAGED IN ACTIVITIES (1), (2), (3), (4), or (5) ABOVE, ARTATAK RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CONFISCATE ANY NFT PURCHASES PURSUANT TO THOSE ACTIVITIES AND/OR DEEM SUCH TRANSACTIONS NULL AND VOID.

4) Communication

You agree that we may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You agree that we may send you communications by email or text message that pertain to the status of a purchase or sale of a NFT on ArtAtak, and other communications that pertain to your interaction with the website, including but not limited to notifications about the status of a NFT you are interested in purchasing. You may opt out of promotional communications at any time by following the instructions provided therein or by contacting customer service.

5) User Content

The Site allows (1) users to create a profile where they can post certain information about themselves, link to other websites, and display NFTs that they own (collectively, “Profile Information”); and (2) artists or creators of NFT(“NFT Creators”) to post their NFT (“NFT Creations”), and bios (collectively, with Profile Information, “User Content”). All User Content must comply with these Terms of Use.

Any Profile Information you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you grant us and our affiliates and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, retransmit, publish, broadcast, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that (1) you own and control all rights in and to your User Content and have the right to grant such licenses to us and our affiliates and our respective licensees, successors, and assigns; and (2) all of your User Content do and will comply with these Terms of Use.

You understand and agree that you are responsible for any User Content you submit or contribute, and you, not ArtAtak, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content, accuracy, or appropriateness of any User Content posted by you or any other user on the Site.

By using the ArtAtak Platform and uploading Your Content or otherwise made Your Content available, you grant us a license to access, use, host, cache, store, copy, reproduce, transmit, display, publish, distribute, adapt and modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) Your Content in any and all media or distribution methods (now know or later developed) but solely as required to be able to operate and provide services of the ArtAtak Platform. You agree that this license includes the right for us to provide, promote, and improve the ArtAtak Platform and to make Your Content available to other companies, organizations or individuals for the distribution, promotion or publication of Your Content on other media and services. You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as Your Content is stored with us), and include a right for us to make Your Content available to, and pass these rights along to, others with whom we have contractual relationships related to the provision of the ArtAtak Platform, and solely for purpose of providing the ArtAtak Platform, and to otherwise permit access to disclose Your Content to third parties if we determine such access is necessary to comply with our legal obligations. As part of the foregoing license grant you agree that the other Users of the ArtAtak Platform shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the ArtAtak Platform; except that the foregoing shall not apply to any of Your Content that you post privately for non-public display on the ArtAtak Platform. By posting or submitting Your Content to the ArtAtak Platform, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above. If you sell an NFT through the ArtAtak Platform, you grant to the buyer of the NFT a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the NFT Media for such purchased NFT, solely for the following purposes:

(a) for the buyer’s own personal use;

(b) as part of a marketplace that permits the purchase and sale of such NFTs, provided that the marketplace cryptographically verifies each NFT’s owner’s rights to display the NFT Media for their NFTs to ensure that only the actual owner can display the NFT Media; or

(c) as part of a third party website or application that permits the inclusion, involvement, or participation of your NFT, provided that the website/application cryptographically verifies each NFT’s owner’s rights to display the NFT Media for their NFTs to ensure that only the actual owner can display the NFT Media, and provided that the NFT Media is no longer visible once the owner of the NFTs leaves the website/application (the “NFT Purchase License”). If you are a buyer of NFTs, then you acknowledge and agree that the NFT Purchase License set forth above only lasts as long as you are the valid owner and holder of the NFT associated with the licensed NFT Media. If you sell or transfer the NFT to another person, this NFT Purchase License will transfer to such other owner or holder of the NFT, and you will no longer have the benefits of such NFT Purchase License. Unless otherwise specified by the seller of an NFT in writing, your purchase of an NFT does not give you the right to publicly display, perform, distribute, sell or otherwise reproduce the NFT or its related NFT Media for any commercial purpose. If you sell an NFT, you agree that you will not have any claims against ArtAtak for any breach of these NFT Terms by a purchaser, including if they make commercial use of the related NFT Media in breach of these NFT Terms.

We have the right to remove or refuse to post any of Your Content, including NFTs,

(a) for any or no reason in our sole discretion; and

(b) take any action with respect to Your Content that we deem necessary or appropriate in our sole discretion, including if we believe that Your Content violates these NFT Terms, infringes any intellectual property right of any person or entity, threatens the personal safety of Users of the Platform or the public, or could create liability for Company or other User

We reserve the right, in our sole discretion, not to upload your NFT Creations. Although we are not required to monitor any User Content, we may, in our sole discretion, remove User Content at any time and for any reason without notice. ArtAtak may monitor User Content to detect and prevent fraudulent activity or violation of these Terms of Use.

Users are responsible for evaluating and determining the suitability of concluding the NFT Sale and Purchase Agreement with the Client on their own. You acknowledge and agree that in any NFT Sale and Purchase Agreement, Your individual engagement with a particular Client might be subject to specific terms and conditions as set out by that Client. You acknowledge, agree, and understand that ArtAtak is not responsible for any Client project. ArtAtak shall be absolved from any responsibility regarding the Client’s outcome (especially its subsequent value). You, as the User, take full responsibility regarding any token purchases You make on the ArtAtak Platform. Additionally, You acknowledge and agree that with the purchase of the NFT which is associated with the specific Digital Asset You obtain ownership only over the NFT, but You do not own any property rights linked to the Digital asset except those rights expressly specified in the license that is determined in the NFT Sale and Purchase Agreement (“smart contract”).

6) Ownership

Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, the ArtAtak logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “ArtAtak Platform Content”) are the property of ArtAtak or our affiliates, licensors, or users, as applicable. The ArtAtak logo and any ArtAtak product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of ArtAtak or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

You may not use any ArtAtak Content to link to the Site or Content without our express written permission. You may not use framing techniques to enclose any ArtAtak Content without our express written consent. In addition, the look and feel of the Site and Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of ArtAtak Platform and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of ArtAtak

7) Terms of Sale

By placing a bid or an order on or through the Platform, you agree that you are submitting a binding offer to purchase such NFT or Service. Your order is accepted and confirmed once purchase is complete, and ArtAtak displays the Confirmation Page (“Confirmation Page”). YOU HEREBY EXPRESSLY AGREE THAT THE SUPPLY OF A NFT BEGINS AFTER THE CONFIRMATION PAGE IS DISPLAYED.

No refunds or returns are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.

For NFT Sellers: As part of the Platform, ArtAtak offers a Minting Platform (the “Minting Platform”) which only allows Artists that are invited or otherwise approved by Company (“Artists”) to mint and sell NFTs (the “Artist’s NFTs”) associated with their original NFT Media (the “Artist’s NFT Media”). ArtAtak must enter into an Agreement with the Artist (a “Artist Agreement”) setting forth terms for using the Platform as a creator of NFT. The Artist Agreement specifies all commissions and fees charged by the Platform or any third parties involved in the Sale. If there is a conflict between an Artist Agreement and these Terms of Use, the provisions of the Artist Agreement shall take precedence for such Artist. Artist hereby grants to ArtAtak a perpetual, irrevocable and exclusive right and license to use, reproduce, display the Artist’s NFT Media in connection with the promotion of the Artist’s NFT Media, the Artist’s NFTs and the ArtAtak Platform. For clarity, unless otherwise specified in an Artist Agreement, the exclusive license granted above means that Artist cannot itself, or grant to any other party any right to, use, reproduce, display the Artist’s NFT Media in connection with non-fungible tokens or any other blockchain collectibles, platforms or services. In order for ArtAtak to exercise its rights to the Artist’s NFT Media, Artist will provide Company with high-resolution images and other embodiments of such NFT Media as reasonably requested by ArtAtak. ArtAtak shall have the sole control over the promotion and marketing of the Artist’s NFTs, including the sole discretion to select certain Artist’s NFTs or Artists to participate in events hosted by ArtAtak. As reasonably requested by ArtAtak, Artist will support the Company in the promotion or marketing of the Artist’s NFTs through participation in the marketing activities as agreed upon by the parties in the Artist Agreement. In connection with the promotion of the Artist’s NFTs, Artist hereby grants ArtAtak a right to use the name, image, photo, biography, signature and likeness of the Artist solely in connection with the marketing and promotion of the Artist’s NFTs. Artist will not engage in any promotion or marketing of the Company, the ArtAtak Platform, or any Artist’s NFTs in a manner that is misleading or deceptive or not in compliance with applicable law. Artist must disclose any material connection between Artist and ArtAtak in any such promotion in a clear and conspicuous manner, including in close proximity to any such marketing statements. Artist will not promote or market the Artist’s NFTs in a manner intended to give buyers the impression that such NFTs are investment products or that they can expect capital appreciation or derive profits from purchase of such NFTs, or indicate that such NFTs may be characterized as securities or any other form of regulated investment product in any applicable jurisdiction. If requested by ArtAtak, Artist will reasonably cooperate with the Company to validate the authenticity of the Artist’s NFTs and the Artist’s NFT Media.

For NFT Buyers: When you buy an NFT, you own an NFT that is associated with a specific NFT Media, but you do not own any intellectual property rights in such NFT Media, other than the granted licenses expressly set forth in the NFT. In certain cases, we may help evaluate or provide you with information about an NFT seller. However, such information is provided for informational purposes only. You are solely responsible for verifying the authenticity, legality, and identity of any NFTs that you purchase from the ArtAtak Platform. We make no guarantees or promises as to the identity, legality, or authenticity of any NFT on the ArtAtak Platform.

NFT Creators may choose to provide certain rights to holders of their NFT, which may include, but is not limited to, physical items, special access, memberships or other exclusive content (collectively, “Additional Items”). Any Additional Items will be provided directly to you from the NFT Seller, the NFT Creator or the Artist. By placing a bid or an order on or through the Platform, you agree that you are submitting a binding offer to purchase such NFT and any Additional Items that are included in the sale. Your order is accepted and confirmed once purchase is complete, and the Platform displays the Confirmation Page. You acknowledge that ArtAtak operates the platform as a facilitator of the sale and it has no involvement in such transaction and is not a party to such transaction. Notwithstanding the above, ArtAtak may publish a description of the Additional Items on its website on behalf of the NFT Creator. If you own a NFT that entitles you to Additional Items, you hereby consent to sharing your contact information with the NFT Seller to facilitate delivery of your Additional Items. You acknowledge that ArtAtak has the sole responsibility of delivering the NFT after the sale is confirmed and the responsibility of delivering any Additional Items remains with the Seller of the NFT.

Option to Pay in Installments: ArtAtak allows you to spread the amount of your purchase over up to six equal installments. Each installment payment will be automatically deducted from the debit or credit card you provided at checkout. Your first installment will be collected immediately, and subsequent installments will be collected 30 days later.

The NFT will be transferred to your wallet as soon as the final payment is processed. However, the Benefits can be used once throughout the installment plan period so that you can start enjoying as soon as possible.

We charge no interest on your purchase. But we can add a fee of up to 10% to the total amount for this option.

Payment Settlement Terms & Conditions:

– [ ] Installment plans allow clients to manage their purchases by agreeing to make nearly equivalent monthly payments over a period of time that they select.

– [ ] At the time of checkout, your first payment is due. The remaining payments are automatically debited to your card held on our payment processor Stripe, according to the monthly payment you set.

– [ ] After finalizing your last payment, the NFT will be transferred to your wallet immediately. You can use the Benefits once throughout the installment plan period.

– [ ] All payments made under this Agreement are non-refundable, non-creditable, and irreversible.

– [ ] The ArtAtak program Installments is offered to all consumers worldwide.You must be at least 18 to use our Installments program.

– [ ] Only debit and credit cards can be used for the payments through the installments option on ArtAtak.io not cryptocurrency.

– [ ] There are no interest charges or other fees.

– [ ] There are no late payment penalties and it does not affect your credit score. However, it may impact your future eligibility for ArtAtak Installments. If we are unable to collect your payment on the due date, we will make one further attempt to collect payment two days later. If this attempt likewise fails, the order will be canceled 30 days after the initial failed payment, and all payments will be non-refundable, non-creditable, and irrevocable. If you have questions about a missing installment payment, then you can contact customer support for assistance.

By accepting these Terms and Conditions, you agree to release ArtAtak from any and all liability related to the delivery, conformity or defectivity of the Additional Items.

Certain royalty fees may be built into the smart contract of an NFT and a percentage of the sale may be paid to the Artist or the NFT Creator. You acknowledge that ArtAtak has no control over the NFT smart contract and release ArtAtak from any liability or responsibility related to these fees.

8) Intellectual Property

Outside the ArtAtak Content, all other trademarks, product names, and logos on the Site are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Without limiting the foregoing, if you believe that third-party material hosted by ArtAtak Platform infringes your copyright or trademark rights, please file a notice of infringement by contacting ArtAtak at contact@artatak.io

In such event, please provide ArtAtak with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Site of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

ArtAtak ‘s policy is to suspend or terminate the account of repeat infringers. ArtAtak Platform’s response may depend on relevant aggravating or mitigating circumstances, but generally we will terminate an account if it is the subject of three valid infringement notices.

9) Your Use of ArtAtak

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content. Our grant of such license is subject to the following conditions:

Unlawful Activity: you agree not to engage, or assist, in any activity that violates any law, statute, ordinance, regulation, or sanctions program, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or that involves proceeds of any unlawful activity.
Abusive Activity: you agree not to engage in any activity that poses a threat to ArtAtak Platform, for example by distributing a virus or other harmful code, or through unauthorized access to the Site or other users’ accounts.
Inappropriate Behavior: you agree not to interfere with other users’ access to or use of the Services.
Communication: you agree not to communicate with other users for purposes of (1) sending unsolicited advertising or promotions, requests for donations, or spam; (2) engaging in hate speech or harassing or abusing other users; (3) interfering with transactions of other users. You agree not to use data collected from the Site to contact individuals, companies, or other persons or entities outside the Site for any purpose, including but not limited to marketing activity.
Fraud: you agree not to engage in any activity which operates to defraud ArtAtak, others users, or any other person; or to provide any false, inaccurate, or misleading information to NFT ArtAtak.
Gambling: you agree not to utilize the Services to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance.
Taxes: Neither ArtAtak nor any other ArtAtak Party is responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that apply to your NFT transactions. You agree that you are solely responsible for determining what, if any, Taxes apply to your NFT transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, any amounts due in respect of a NFT transaction are exclusive of sale, use, value added or similar Taxes (“Sales Taxes”) which shall be your responsibility. Any payments with respect to your NFT transactions shall be made without deduction or withholding for any Taxes, except as required by applicable law. If any applicable law requires the deduction or withholding of any Tax (a “Withholding Tax”) from any such payment then the sum payable by you shall be increased as necessary so that after such deduction or withholding has been made the amount received is equal to the sum that would have been received had no such deduction or withholding been made. Upon our request, you agree to promptly provide a properly executed Internal Revenue Service Form W-9 or applicable Internal Revenue Service W-8 and any other tax form that is reasonably required by us to comply with our tax reporting obligations.
Intellectual Property Infringement: you agree not to (1) engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law; (2) use ArtAtak Content (as defined in Section 8 above) without express written consent from ArtAtak Platform; or (3) engage in any action that implies an untrue endorsement or affiliation with ArtAtak.
Hyperlinks: you are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray ArtAtak, our affiliates, or the Services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal materials, or other materials that is offensive, harassing, or otherwise objectionable.
Additional Prohibitions: you agree not to (1) distribute, publish, broadcast, reproduce, copy, retransmit, or publicly display any Content; (2) modify or create derivative works from the Site or Content, or any portion thereof; (3) use any data mining, robots, or similar data gathering or extraction methods on the Site or Content; (4) download any portion of the Site or Content, other than for purposes of page caching, except as expressly permitted by us.
If you are unsure whether a contemplated use would violate these Terms of Use, please contact us at the address listed below under Contact Information.

10) Accidental Transfers

You understand and agree that in the event that you deposit digital assets or NFT into an incorrect address, we may not have the ability, and are under no obligation or duty, to return such digital assets or NFT to you. This section applies regardless of whether we control the destination address.

11) Privacy

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with ArtAtak Privacy Policy, which is incorporated into this User Agreement by reference.

12) Modifications

You agree and understand that we may modify part or all of ArtAtak or the Services without notice.

13) Risks

Please note the following risks in accessing or using ArtAtak: The price and liquidity of blockchain assets, including NFT, are extremely volatile and may be subject to large fluctuations; Fluctuations in the price of other digital assets could materially and adversely affect NFT, which may also be subject to significant price volatility; Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of NFTs; NFTs are not legal tender and are not backed by the government; Transactions in NFT may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable; Some transactions in NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction; The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, which may result in the potential for permanent and total loss of value of a particular NFTs should the market for that NFT disappear; The nature of NFTs may lead to an increased risk of fraud or cyber attack, and may mean that technological difficulties experienced by the Polygon blockchain may prevent the access to or use of your Digital Assets; Changes to Third Party Sites (discussed in Section 14 below) may create a risk that your access to and use of the Site will suffer.

You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that ArtAtak does not give advice or recommendations regarding NFTs, including the suitability and appropriateness of, and investment strategies for, NFTs. You agree and understand that you access and use ArtAtak at your own risk; however, this brief statement does not disclose all of the risks associated with NFTs and other digital assets. You agree and understand that ArtAtak will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using NFTs, however caused.

14) Third Parties

ArtAtak may rely on third-party platforms, including but not limited to MetaMask or Coinbase to perform NFT transactions. Our Site may contain links to third-party websites or applications (collectively, “Third Party Sites”). ArtAtak does not own or control Third Party Sites. You understand and agree that your use of any Third Party Site is subject to any terms of use and/or privacy policy provided by such Third Party Site. ArtAtak is not a party to any such agreement. You should review any terms of use and/or privacy policy provided by such Third Party Site and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

ArtAtak provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, or their products or services. You use all links in Third Party Sites at your own risk. When you leave our Site, our Agreement and policies no longer govern. We may, but are not obligated to warn you that you are leaving our Site.

15) Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ARTATAK, THE SITE, CONTENT CONTAINED THEREIN, AND NFTs LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARTATAK (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL (1) MEET YOUR REQUIREMENTS; (2) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (3) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.

WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. ARTATAK DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

WHILE ARTATAK ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND CONTENT SAFE, ARTATAK CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, ANY NFTs LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF NFTs INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED WALLET FILES; (4) UNAUTHORIZED ACCESS TO APPLICATIONS; (5) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR NFTs.

NFTs ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE POLYGON NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT ARTATAK OR ANY ARTATAK PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTs

ArtAtak is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of NFTs. ArtAtak Platform is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting NFTs including forks, technical node issues or any other issues having fund losses as a result.

Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

TO THE FULLEST EXTENT PROVIDED BY LAW, ArtAtak HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARTATAK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ARTATAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ARTATAK ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, CONTENT, NFTs, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR(B) THE AMOUNT YOU HAVE PAID TO ARTATAK FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF ArtAtak FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF ArtAtak’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF ARTATAK’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

17) Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless ArtAtak, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “ArtAtak Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, Content or NFTs, (b) any Feedback you provide, (c) your violation of these Terms of Use, (d) your violation of the rights of a third party, including another user or MetaMask, (e) any intellectual property disputes relating to your NFT Creations sold on the ArtAtak Platform platform, if you are a NFT Creator; and (f) your failure to pay any Withholding Taxes or Sales Taxes in connection with your NFT transactions or to provide us with a properly executed tax form described in Section 9. You agree to promptly notify ArtAtak Platform of any third party Claims and cooperate with the ArtAtak Platform Parties in defending such Claims. You further agree that the ArtAtak Platform Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND ARTATAK

18) Governing Law

These Terms of Use, your use of ArtAtak, your rights and obligations, and all actions contemplated by arising out of or related to these Terms of Use shall be governed by the laws of the State of Delaware. YOU UNDERSTAND AND AGREE THAT YOUR USE OF ARTATAK AS CONTEMPLATED BY THESE TERMS OF USE SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF DELAWARE AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.

19) Disputes

Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with ArtAtak Platform and limits the manner in which you can seek relief from us.

In the event that any Dispute cannot be resolved through a discussion between the parties, either party may demand that such Dispute be submitted to arbitration, which (if demanded) shall be the exclusive, final, and binding means for resolving such Dispute; provided, this arbitration provision shall not prevent the parties from obtaining injunctive relief from a court of competent jurisdiction to enforce the obligations of this agreement for which either party may obtain provisional relief pending a decision on the merits by the arbitrator. Any party may demand arbitration in writing by notice to the other party. Any such arbitration shall be conducted under the Commercial Dispute Resolution Rules of the American Arbitration Association (“AAA”), except as modified herein. Alternatively, upon both parties’ consent, another arbitration association and its rules may be used. The arbitration proceedings shall be before a single neutral arbitrator who shall be an attorney, retired judge, or arbitrator experienced in commercial finance. The arbitrator shall be registered and in good standing with an arbitration association. Each party acknowledges the other party’s right to enforce in the State of Delaware the terms and provisions of this Agreement and all documents, instruments and agreements delivered in connection therewith. The parties irrevocably consent to jurisdiction in, and construction of this Agreement under the laws of the State of Delaware and venue in New Castle county for such purposes. The arbitrators shall apply applicable statutes of limitation and rules of privilege. Except as otherwise provided herein, the arbitrator shall have authority to award any remedy or relief that a court of the State of Delaware or federal court located in the State of Delaware could grant in conformity to applicable law on the basis of claims actually made in the arbitration. Any arbitration will be held in Wilmington, Delaware which the parties agree is a convenient location. Any arbitration award shall be accompanied by a written statement containing a summary of the issues in controversy, a description of the award, and an explanation of the reasons for the award. The non-prevailing party shall pay to the prevailing party, to the extent not prohibited by law, all of the prevailing party’s arbitration costs and expenses, including reasonable attorneys’ fees, and the arbitrator shall award such in its decision. The arbitrator’s award shall be final, and judgment may be entered upon such award by any court. All arbitration proceedings shall be confidential, and neither party shall disclose any information about the evidence produced by either party in the arbitration proceeding except as necessary in the course of a judicial, regulatory or arbitration proceeding, or as may be demanded by government authority; provided, before making any such disclosure the disclosing party shall give the other party reasonable advance written notice and an opportunity to prevent the disclosure.

You understand that by agreeing to this Arbitration Agreement, you and ArtAtak Platform are each waiving their right to trial by jury and to participate in a class action or class arbitration.

If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue to in full force and effect.

This Arbitration Agreement shall survive the termination of your relationship with ArtAtak.

20) Termination

We reserve the right, without notice and in our sole discretion, to terminate your license to access or use the Site or Content, at any time and for any reason. You understand and agree that we shall have no liability or obligation to you in such an event.

21) Severability

If any term, clause, or provision of these Terms of Use is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, cause, or provision, or any other terms, clause, or provision of these Terms of Use.

Entire Agreement

These Terms of Use comprise the entire agreement between you and ArtAtak relating to your access to and use of the Site and Content, and supersede any and all prior discussions agreements, and understandings of any kind (including without limitation prior versions of this User Agreement). Except as otherwise provided herein, these Terms of Use are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

22) Survival

You agree and understand that all provisions of these Terms of Use shall survive the termination or expiration of these Terms of Use.

23) Contact Information

If you have any questions, would like to provide feedback, or would like more information about ArtAtak, please feel free to email us at support@artatak.io

END OF AGREEMENT

Revised on August 5, 2022 –