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Terms of Service

Last Updated: 05.26.2023

 

Visages.xyz ("Visages", "we", "us", or "our") offers a platform for the creation, purchase, and sale of digital art non-fungible tokens (NFTs). This document outlines the Terms of Service ("Terms") governing your access to and use of our website, products, and services (collectively, "Services"). By using our Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not access or use our Services.

1. Introduction

Visages offers a platform for artists, creators, buyers, and sellers of digital art NFTs. Our Services include, without limitation, the creation, purchase, sale, and exchange of digital NFTs. We are not a broker, financial institution, or creditor. The Services are an administrative platform only, facilitating transactions between buyers and sellers. We are not a party to any agreement between the buyer and seller or any other users of our Services.

Please note that some features of our Services are subject to additional guidelines, terms, or rules, including our privacy and cookie policies, which are incorporated by reference into these Terms. If these Terms are inconsistent with any such additional terms, the additional terms shall control with respect to the relevant features of our Services.

2. User Representations and Warranties

By using our Services, you represent and warrant that:

  • You are at least 18 years old;

  • You have the legal capacity to enter into binding agreements;

  • You will provide accurate, current, and complete information about yourself and maintain the security of your account information;

  • You are solely responsible for all activities that occur under your account or through the use of your account information;

  • You will not use our Services for any illegal or unauthorized purpose, or engage in activities that violate any applicable laws and regulations.
     

3. Account Registration

To access certain features of our Services, you may need to register for an account ("Account"). By creating an Account, you agree to provide accurate, current, and complete information about yourself, maintain and promptly update your Account information, maintain the security of your password and any device used for multi-factor authentication, and immediately notify us if you discover or suspect any unauthorized access or security breaches related to your Account or our Services.

4. Our Services

Our Services enable users to create, purchase, and sell unique digital art NFTs implemented on supported blockchain platforms using smart contracts. Users are required to link a compatible digital wallet ("Digital Wallet") to participate in the creation, purchase, or sale of NFTs. We do not guarantee the transferability of NFTs to other platforms or their compatibility with third-party services.

5. Pricing, Fees, and Payments

Prices for NFTs are specified at the point of sale or as indicated on our Services. All payment obligations for NFTs are binding at the time of purchase, and you may not substitute any other currency for the currency you have contracted to pay. Fluctuations in the value of any currency will not impact your payment obligations.

We may add or change payment processing services at our discretion. Such services may be subject to additional terms and conditions. The acceptance of a particular cryptocurrency as a payment method is subject to change at our discretion.

6. Intellectual Property Rights

All content on our Services, including text, graphics, images, software, and other materials ("Content"), is the property of Visages or our affiliates, licensors, or users, as applicable. You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services and Content for your personal, non-commercial use, subject to these Terms and our Acceptable Use Policy (Section 10).

7. User Content

Users may submit, post, or display content on or through our Services ("User Content"). By submitting User Content, you grant Visages a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, and display such User Content for the purposes of providing our Services and improving their functionality. You represent and warrant that you have, or have obtained, all necessary rights, licenses, and permissions to submit, post, or display User Content on our Services and to grant the rights and licenses described in this section.

8. Third-Party Services and Content

Our Services may contain links to third-party websites, applications, or services ("Third-Party Services"). We do not control or endorse any Third-Party Services and are not responsible for their content, products, or services. Your use of Third-Party Services is subject to their respective terms and conditions and privacy policies, and you are solely responsible for reviewing and complying with those terms and conditions.

9. Acceptable Use Policy

You agree to use our Services in compliance with these Terms and all applicable laws and regulations, and you will not engage in any activities that:

  • Provide false or misleading information to Visages;

  • Use or attempt to use another user's Digital Wallet without authorization;

  • Create or list counterfeit NFTs;

  • Interfere with, disrupt, or negatively affect the operation or security of our Services or the enjoyment of other users;

  • Use our Services to engage in any illegal or unauthorized activities, including but not limited to money laundering, terrorist financing, or the violation of any intellectual property rights;

  • Violate any of the terms specified in our Acceptable Use Policy (Section 12).
     

10. Limitation of Liability

To the fullest extent permitted by law, Visages will not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of our Services, whether based on warranty, contract, tort, or any other legal theory. Our maximum aggregate liability for any claim arising out of or related to these Terms or your use of our Services shall not exceed the greater of (a) $100 or (b) the amount paid by you to Visages in the transaction or incident giving rise to the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Visages and our affiliates, officers, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, penalties, interest, fees, expenses, and costs of every kind and nature arising out of or related to your use of our Services, your violation of these Terms, or your infringement of any third party's rights.

12. Dispute Resolution and Arbitration

Please read the arbitration agreement in Section 21 ("Arbitration Agreement") carefully, as it contains procedures for mandatory binding arbitration and a class action waiver.

13. Governing Law and Jurisdiction

These Terms and your access to and use of our Services shall be governed by and construed and enforced in accordance with the laws of France, without regard to any conflict of law rules or principles. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court shall be resolved in courts located in Paris, France.

14. Amendments

We reserve the right to modify or update these Terms at any time. When we make changes, we will update the "Last Updated" date at the beginning of these Terms. Your continued use of our Services after any changes to these Terms constitutes your acceptance of the updated Terms. If you do not agree with the updated Terms, you must stop using our Services.

15. Termination

We reserve the right to terminate your access to or use of our Services at any time and for any reason, with or without notice. If we terminate your access to our Services, you will not be entitled to a refund of any amounts you have paid to us.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17. Waiver

The failure of Visages to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

18. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms at any time without your consent.

19. Entire Agreement

These Terms, together with any other agreements or policies incorporated by reference, constitute the entire agreement between you and Visages with respect to your use of our Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter hereof.

20. Contact Information

If you have any questions, concerns, or comments about these Terms or our Services, please email us at:
visages_xyz@proton.me

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