Last Update: 28 Jan 2022
Nftmagic.art terms of use
Article 1: General terms. Applicable to all use of NFTmagic.art.
I guarantee to NFTmagic.art and it’s owners (‘the platform’) that:
– I know the platform is a service offering an interface/gateway to the Ardor blockchain ecosystem only;
– I know this means that the platform is not able to undo or alter any data that is registered on the blockchain;
– I will not hold the platform liable for any damage whatsoever;
– I will indemnify, defend and hold harmless the platform and its owners from any liability resulting from any breach of copyrights by me;
– I know I use the platform and its services at my own risk and I know I have no enforceable rights to any service or help from the platform or to availability of the platform;
– I accept that at its sole discretion the platform may stop displaying on the platform any (references to) materials that are infringing on rights or otherwise unlawful or are deemed offensive. I understand the platform will not display content containing pornography, violence, political or religious extremism. This will be blacklisted. I know and accept that this can be the case for IPFS or any other third party the platform uses as well;
– I accept that the platform is available on an “AS IS” and “AS AVAILABLE” basis only and can become unavailable temporarily or indefinitely or can be renamed or can come under different management or ownership;
– I accept that the platform can become unavailable temporarily or indefinitely. I know in that case, licenses I issued as a licensor or that I have received as a licensee can still be valid and can be found on-chain (in the asset description and/or properties of the NFT in the Ardor blockchain ecosystem);
– The laws of Switzerland without regard to its conflict of law provisions are applicable to these terms;
– If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.
Article 2: Applies when minting an NFT and thereby licensing artwork
I guarantee to NFTmagic.art and it’s owners (‘the platform’) and to all future licensees I will license any artwork to that:
– I own the copyright to the artwork that is associated with the NFT or I am entitled to issue the (sub)license to the artwork or the artwork is not protected under any copyright law;
– I accept that (unless blockchain functionality that prevents this for a specific NFT is used) all licensees can resell their NFT and thereby also the license to use the associated artwork to any third party. I accept the new owner of the NFT as the new licensee;
– I will consider all use of the licensed artwork in accordance with the terms of the license as legally valid if – at the time of the use – the user was properly licensed by owning the NFT associated with the artwork and license;
– I know that the license I have issued stays valid even when the platform stops existing. All licenses issued and bought follow ownership of the NFT and are valid for ever (unless the license-terms explicitly state otherwise) and can not be withdrawn by me once someone has bought an NFT from me;
– I know that I can withdraw the offer to buy an NFT and thereby acquire a license to the associated artwork by canceling ask orders or not accepting any bid to the NFT;
– When issuing an NFT through the platform I automatically issue a non-exclusive perpetual license for promotional use to the platform that allows the platform to use the artwork on the platform itself and on its social media and on other publications on the web for all existing functionalities and future functionalities;
– I know that changing properties of an NFT after a sale could be fraudulent and legally risky. Therefore, I guarantee that once a license has been issued to the buyer of an NFT, I will not ‘downgrade’ the license without permission by licensee and I will not change the NFT’s properties in any other way, unless the NFT owner has approved the change.
Article 3: Applies to buyers of NFT’s (licensees to artworks)
I guarantee to NFTmagic.art and it’s owners (‘the platform’) that:
– I know when buying an NFT I only receive the rights to use the associated artwork in accordance with the terms of the license that has been applied by the issuer of the NFT and only in as far as this person or legal entity was actually entitled to issue that specific license;
– I know that the platform can not guarantee legal validity of any license issued by the seller of an NFT and I know that the platform does not check legal validity at all;
– I accept the legal risks and consequences that might be the result from not having a valid license to use a copyrighted artwork;
– I understand that I can lower legal risks by only buying NFT’s from sellers whose identity is known by me or who have a trustworthy track record and/or by not using the artwork when I doubt the validity of the license;
– I know I will have to resolve any possible conflicts relating to the license with the issuer of the license and/or the holder of the copyright to the artwork. The platform can not help me;
– I accept that if any additional action is needed to construct or ascertain legal validity of a license or of the transfer of copyrights, I will have to arrange this with the issuer of the license and/or holder of the copyright. I understand that the platform can not help me;
– I know that licenses I am buying through the use of the platform are legally never 100% exclusive to me, because all licensors have already issued a license for promotional use of the artwork to the platform at the moment the NFT was minted.