Seller terms

ARTIST Terms

WHAT’S IN THESE TERMS?

These Artist Terms set out the terms on which you, the artist, may list and sell crypto collectables created from your artwork (“Crypto Collectible”) on our Site for a user of our Site to purchase and trade..

These Artist Terms should be read together with our Related Policies, available here: [LINK]. Capitalised terms not defined in these Seller Terms shall have the meaning set out in the General Terms and Conditions.

If you have any questions about any these Artist Terms or otherwise, please get in touch with us at [email protected]

YOUR ACCOUNT

RULES FOR SUBMITTING DIGITAL CONTENT

INTELLECTUAL PROPERTY

PARTIES’ RESPONSIBILITES

YOUR RESPONSIBILITIES TO BUYER

REPRESENTATIONS AND WARRANTIES

INDEMNITY

FEES AND PAYMENT TERMS

CONFIDENTAILITY

RULES ABOUT LINKING TO OUR SITE

INADEQUACY OF DAMAGES

YOUR ACCOUNT

In order to create and sell Crypto collectables from your Digital Artwork, you must create an account with us. To create an account, you will be required to have a valid Ethereum address linked to your account.

By creating an account with us, you confirm that any registration information you submit is true, current and complete and that you will update such information in order to keep it current. You may not sign up for an account on behalf of another individual or share an account with another individual.

Your account is personal to you and cannot be shared or transferred. Please keep your account details and password safe and secure. You are solely responsible for all activities that occur on your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. If your password is lost, stolen, or disclosed to an unauthorised third party, or if think your account has otherwise been compromised, please contact us[MN4] immediately.

Disabling your account

You may disable your account at any time by contacting us[MN5] .

We may suspend or permanently disable your account if we determine that you have seriously or repeatedly breached our Terms or Related Policies, including in particular our Acceptable Use Policy. If we suspend of disable your account, we will notify you of this in writing.

If your account is disabled for whatever reason, you may lose any information associated with your account.

SUBMITTING DIGITAL CONTENT

To create, sell and exchange Crypto collectables, your Digital Artwork must be tokenised i.e. a digital artwork token created. We create Tokens when you submit your Digital Artwork to our Blockchain Art Archive via our Site. All uploads should be done in accordance with the Rules and Procedures for Submitting digital content as set out below.

We will grade your Digital Artwork using our grading system, which will provide you with value between A-H and suggested sale price.

After your Digital Artwork is graded and validated, it will appear on our Site as a Token to be traded instantly.

Once a Token is created, a permeant record is made on Ethereum’s public Blockchain and a certificate will be produced. The certificate will detail what grade the Digital Artwork is and any restrictions relating to how the Token may be used and resold (as determined by you).

RULES AND PROCEDURES FOR SUBMITTING DIGITAL CONTENT

Rules

  • You must own or control the copyright to the Digital Content you submit to us. This means that you cannot submit work obtained from other sources or third parties, unless you have permission to do so.
  • If you do not have complete rights in and to the Digital Content, you may not submit it.
  • Digital Content submitted must not contain trademarks, service marks or other indication of origin, including logos, owned by third parties unless you have releases from the copyright and/or trade mark owners.
  • You may embed your own watermark, website name, copyright notice (“Identifying Marks”) in the Digital Content you submit to us.
  • Youmust provide related quotations, descriptive literature or accompanying text to describe the Digital Content being sold (“Accompanying Content”).
  • Provide any restrictions on the Token e.g. the number of editions and prints that can be made from the Token, whether the prints created is for personal use or for resale.
  • You must provide up-to-date contact details with your listing.
  • You must retain all original releases for images that contain artwork and ensure that you own the rights to both the submitted Digital Content and the artwork contained therein.

Procedures

  • Submit the Digital Content via email to [email protected].
  • If you pass the BAE in-house vetting procedure you will receive an approval email with instructions of how to set up an artist account.
  • Link your MetaMask wallet to your BAE artist account.

INTELLECTUAL PROPERTY RIGHTS

Ownership

Title to and ownership of all intellectual property rights embodied by or otherwise incorporated into the Digital Content shall remain with you, the artist. Except as expressly provided herein, nothing shall be construed to grant to us any right, title or interest in or to the Digital Content.

Licence

By submitting Digital Content to us, you grant us a non-exclusive, transferable, royalty-free and worldwide licence to host, use, display, reproduce, and store the Digital Content and Accompanying Content on our Site  for purposes of providing the Services, including creating a digital Token from your Artwork and for advertising and marketing purposes.

PARTIES’ RESPONSIBILITIES

You are responsible for the accuracy and completeness of the Digital Content, Identifying Marks and Accompanying Content (together “Submitted Content”).

We have no obligation to you, and undertake no responsibility to review the Submitted Content to determine whether any of the Submitted Content may result in any liability to any third party.

Notwithstanding anything to the contrary contained in these Seller Terms, our General Terms or otherwise, if we reasonably believe that any of the Submitted Content may create liability for Blockchain Art Exchange, then we may remove the Submitted Content as we believe in our sole discretion is prudent or necessary to minimise or eliminate our potential liability.

Blockchain Art Exchange is not involved in any part of the transaction between you and the buyer. The contract for sale is directly between you and the buyer and governed by the terms of the Smart Contract. If you have any issues relating to the purchase of your Cyrpto Collectable or your think a buyer has breached the terms of the smart contract, please refer to the terms of that contract for resolution.

YOUR RESPONSIBILITIES TO BUYER

You shall:

  • upon payment of the Purchase Price by a Buyer, make the purchased Digital Content available to the Buyer for [immediate] download [as set out in the Licensing and Purchasing Terms];
  • follow up any complaint made by Buyer (or BAE-Art on behalf of Buyer) without undue delay;
  • comply with all applicable laws and regulations [relating to your interactions with a Buyer, including, but not limited to: the General Data Protection Regulation ((EU) 2016/679), Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003, Consumer Rights Act 2015; Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013)].
  • remain fully responsible and liable to Buyer for all acts and omissions by you, your employees, agents, workers, or subcontractors at all times.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  • you have the full right, power and authority to enter into these Seller Terms and to fully perform all of your obligations under these Seller Terms and General Terms;
  • the Submitted Content does not infringe any third party’s intellectual property rights, other proprietary rights or rights of publicity or privacy;
  • the Digital Content and all parts thereof are owned, unencumbered and are your original works or otherwise you have a valid and accurate release from the original author;
  • if  the Submitted Content consists in whole or in part of design elements which are included in design programs (e.g., Photoshop), the end user license agreement, terms of service or the equivalent licence held by you permits you to incorporate such elements in the Token t created by you, and to licence the Submitted Content to us and the buyer;  
  •  the Submitted Content is neither obscene nor defamatory, does not violate any applicable laws and/or regulations, and does not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity;
  • the Submitted Content does not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
  • there is no action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Digital Content or which might in any way impair the rights granted by you to us or the buyer as envisaged by these Seller Terms, General Terms and Licensing and Purchasing Terms.

INDEMNITY

You shall indemnify BAE-Art against all costs, claims, damages, losses and expenses arising as a arising out of any breach or claimed breach that Your Content infringes intellectual property rights or other rights belonging to any third party.

FEES AND PAYMENT TERMS

Once the Crypto Collectable has been purchased and paid for by the Buyer you shall be paid 65% of the value of the Crypto Collectable.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy

If you wish to link to or make any use of content on our site other than that set out above, please email [email protected]

INADEQUACY OF DAMAGES

Without prejudice to any other rights or remedies that BAE-Art may have, the Seller acknowledges and agrees that damages alone would not be an adequate remedy for any breach of the terms of these Seller Terms by Seller. Accordingly, BAE-Art shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of these Seller Terms.