Effective Date: June 11, 2025
These Gallery Terms and Conditions describe your rights and obligations as a verified User who uses the Service to create, mint, sell, transfer, or otherwise distribute any NFTs, Collectibles, or other cryptographic assets via the Service (a “Gallery”).
For clarity, “Gallery” is a defined term that includes individuals and entities such as Artists, Artist Estate Holders, Agencies, Curators, Collectors, Photographers, and other verified participants who make available digital works or assets through the Service.
If you are not a Gallery, then only the Terms of Service (“Terms of Service”) apply to you. These Gallery Terms of Service are “Supplemental Terms” under, and supplement, the Terms of Service. If there is a conflict between these Terms and the Terms of Use, the provisions of these Gallery Terms of Service control.
By signing up for a Gallery Account or otherwise using or accessing the Service, you agree to be bound by the Gallery Terms and Conditions and Terms of Service (together the “Agreement”) as of the date of such access or use of the Service. If you are not eligible to use the Service as a Gallery, or do not agree to the Agreement, then you do not have our permission to use the Service as a Gallery.
For the purposes of this Agreement, any capitalized terms used but not defined here will have the meanings given to them in the Terms of Service. The original language of the Agreement is English. We may make available translations for convenience. In case of conflicts between the original English version and any translation, the English version shall prevail.
Digital Original reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Effective Date” date at the beginning of these Terms. By continuing to access or use the Platform and Service at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Platform and Service. If you do not agree to the revised Terms, you are free to reject them, unfortunately, that means you will no longer get access to or use the Platform and Service.
To obtain the Gallery’s status and access the Gallery’s features of the Service, you are required to create an account on the Service (the “Gallery Account”) and successfully undergo our mandatory verification process (as evidenced by the yellow check mark on your avatar). You may be required to provide any necessary information we may request at any time. You agree to provide accurate, complete, and up-to-date information during registration, verification, and at all other times when requested. We reserve the right to deny, suspend, or terminate your Gallery’s status at any time, for any reason, including but not limited to a violation of our Terms of Service or Gallery Terms and Conditions, or failure to provide the requested information.
After creating the Gallery Account and successfully completing the verification process, the Gallery shall provide a blockchain address and connect directly to a Digital Original-Supported Blockchain node or indirectly through the Wallet in order to sell the Collectibles through the Service. You are responsible for maintaining the confidentiality of your Gallery Account credentials and are liable for all activities under your Gallery Account. If you suspect your Gallery Account is no longer secure, notify us immediately at [email protected]. When using a wallet in connection with the Service, you agree to the terms of the wallet provider. Digital Original does not operate, maintain, or affiliate with these wallets and has no control over their contents. We are not responsible for any issues related to your use of a wallet and make no guarantees regarding compatibility with our Service. You are solely responsible for the security of your wallet and should not share your credentials or seed phrase. For wallet-related issues, contact your wallet provider directly.
Where applicable, after creating a Gallery Account and successfully completing the initial verification process, the Gallery may optionally submit information about associated Artists or Artist Estate Holders for individual verification. This process is available to enhance trust and visibility on the platform but is not mandatory for all Collectibles. In cases where the Gallery itself is the Artist or Estate Holder, the Gallery may submit its own information for verification. Upon successful verification, the Artist or Artist Estate Holder will receive a blue checkmark displayed on their profile avatar. Verification of Artists or Estate Holders is not required for listing Collectibles, unless otherwise specified by our platform guidelines or as a condition for certain Store categories or features.
2.1 Collectibles Requirements
You are authorized to list, sell, or offer for sale or auction only those Collectibles that have successfully completed our verification process, as indicated by a yellow checkmark displayed on the Collectible.
To complete verification, Collectibles must meet the criteria defined in either the Digital Original or Digital Native standards, depending on the category under which they are submitted. These standards outline the artistic, technical requirements for each type of Collectible as determined by Digital Original.
All Collectibles listed in any store powered by Digital Original must fully comply with our applicable standards. Collectibles that do not meet the relevant standard will not be eligible for listing, sale, or auction until they are modified and re-submitted for verification.
If your Collectibles fail to meet the applicable standard upon initial review, we may offer optional assistance services to help you revise them to meet the required criteria. These services are subject to a separate agreement and may incur additional fees. Upon successful adjustment and approval, the Collectibles will be granted the yellow checkmark and may then be listed, sold, or auctioned.
Notwithstanding any other provision in this Agreement, Digital Original reserves the absolute right to delist, hide, or otherwise remove any Collectible from the Service at its sole discretion, for any reason or no reason, without prior notice or liability to you. This may include, but is not limited to, content that Digital Original believes could create legal, financial, or reputational risk for the platform.
2.2 Store Page Display Requirements
As a Gallery, you are responsible for ensuring that your store page on the Service complies with the following requirements, unless otherwise authorized in writing by Digital Original:
(a) Retention of Platform Branding and Elements: You may not remove, hide, modify, or reposition any platform-provided elements, including footers, disclaimers, navigation elements, logos, or other components designated by Digital Original.
(b) Mandatory Legal Links: Your store page must include clearly visible and functional links to: Digital Original's Terms of Use and Digital Original's Privacy Policy. These links must be placed in a standard footer location or as otherwise instructed by Digital Original, and must not be modified or redirected.
(c) Attribution and Notices: Any legal notices, copyright statements, or other disclaimers provided by Digital Original must be displayed clearly and without alteration.
(d) Prohibited Modifications: You may not implement any customizations or technical changes that interfere with platform integrity, suppress required disclosures, or mislead users about the source or function of any element on your store page.
(e) Compliance Monitoring: Digital Original reserves the right to audit or review your store page at any time for compliance with these requirements and may suspend or restrict your access to the Service if violations are identified.
Creating, selling, or otherwise transferring NFTs and the Collectibles embodied therein may be subject to platform fees, commissions, royalties, or other charges payable to Digital Original, as specified in Section 3 of the Terms of Service. All fees and charges payable to Digital Original are non-refundable. These amounts may be updated from time to time at Digital Original’s sole discretion, with or without notice, as permitted by the Terms.
You are solely responsible for all applicable taxes, including but not limited to sales, use, value-added, property, or other taxes and customs duties imposed by any governmental authority, that may result from your activities on or through the Service. You are also solely responsible for linking, maintaining, and updating accurate and functional Wallet information associated with your Gallery Account in compliance with this Agreement. Digital Original will not be liable for any delay, failure, or inability to transfer or receive funds due to: (a) inaccurate or outdated Wallet details; (b) your failure to comply with this Agreement or applicable law; or (c) technical issues or restrictions outside Digital Original's control, including blockchain network failures or third-party provider issues.
As a Gallery you hereby represent and warrants that:
4.1 all Collectibles you create, mint, sell, trade, or distribute through the Service does not and will not infringe on the intellectual property rights (including copyright, trademark, patent, and trade secret) or other proprietary rights of others;
4.2 you will not upload or share files containing images, photographs, software, or other materials protected by intellectual property laws or rights of privacy or publicity, unless you own, control the rights to them, or have obtained all necessary permissions;
4.3 all information provided to us about the Collectibles you create, mint, sell, trade, or distribute through the Service are accurate and complete, including information about embodied artworks and Artists and Artist Estate Holders;
4.4 any Collectibles you create, mint, sell, trade, or distribute through the Service:
(a) will not be considered as parts of a larger unique cryptographic asset. Each Collectible must be a whole, individual Collectible and cannot be divided into fractional parts that represent ownership in a single asset;
(b) will not be issued as part of a large series or collection. Each Collectible should be unique, and not just one Collectible in a set of many similar or identical Collectibles. This means that no two Collectibles should be so similar that they are perceived as fungible;
(c) are intended solely as digital collectibles and will not be marketed, promoted, or described as investments, securities, shares, equity, or other financial instruments, nor will they be associated with any promise or expectation of profits, dividends, interest, or any other financial return, and you have undertaken your own legal assessment to ensure they do not constitute securities, shares, equity, or other regulated financial instruments under applicable law;
4.5 your Collectibles do not and will not, in our sole judgment, constitute, contain, or be associated with any of the following:
(a) Illegal Activities: Material used in connection with any illegal activities, including but not limited to, money laundering, terrorist financing, fraud, or unlicensed gambling;
(b) Hate Speech and Harassment: Content that promotes violence, incites hatred, or harasses any individual or group based on race, ethnic origin, religion, disability, age, sexual orientation, or gender identity;
(c) Explicit or Harmful Material: Pornography, obscene content, or any material that is exploitative of minors;
(d) Platform-Damaging Code: Any viruses, Trojan horses, worms, or any other malicious code or software intended to damage, interfere with, or expropriate any system, data, or personal information;
5.1 You represent and warrant that you either own or have obtained all rights, licenses, permissions, and consents necessary to create, display, distribute, and commercialize the content in any Collectibles you create through the Service. This includes the right to grant the licenses to Digital Original under this Agreement. You further represent and warrant that:(a) you are the sole and exclusive owner of, or have valid licenses for, all intellectual property and other rights in the content used in your Collectibles; (b) the creation, distribution, or sale of your Collectibles does not infringe or violate any third-party rights, including but not limited to rights of privacy, publicity, copyright, trademark, patent, trade secret,contract, or other proprietary or personal rights; (c) no additional licenses, royalties, payments, credits, or permissions are required by Digital Original, any end user, or any third party in connection with the use, distribution, or commercialization of your Collectibles; and (d) the creation and use of your Collectibles do not violate any agreement or obligation you may have with any third party. You agree to be solely responsible for, and to promptly pay, all fees,royalties, and any other compensation owed to third parties arising from the creation, use, or sale of your Collectibles,including but not limited to those due to Artists, Artist Estate Holders, or any rights holders.
5.2 By using the Service, you hereby grant Digital Original and its authorized service providers a worldwide, perpetual, non-exclusive, royalty-free, sublicensable, and transferable license to: (a) store, host, reproduce, and back up your Collectibles on servers or platforms controlled by or on behalf of Digital Original; (b) publicly display, distribute, transmit, and perform your Collectibles through the Service in any media now known or later developed, including on-demand and streaming formats; (c) use, reproduce, and display your Collectibles for the purposes of marketing, promoting, and advertising the Collectibles and the Service; and (d) use your name, logo, trademarks, and likeness (if applicable) to identify you as a user of the Service and in associated promotional materials, press releases, and marketing campaigns.
5.3 By minting, selling, or transferring a Collectible through the Service, you grant the purchaser, and any future transferee, a limited license to use, display, and resell the Collectible in accordance with the rights and limitations described in the metadata or description associated with the Collectible. You are solely responsible for defining and disclosing such license terms, which must comply with this Agreement and applicable law.
5.4 By creating or uploading Collectibles through the Service, you waive any right to review, approve, or control the use of such Collectibles in Digital Original’s marketing or promotional materials. You irrevocably waive any and all rights of privacy, publicity, attribution, and moral rights (including rights of integrity and withdrawal), to the maximum extent permitted by law. To the extent that any such rights are not waivable, you agree not to assert or enforce them, and not to support any action based on them.
Digital Original does not guarantee the availability, visibility, performance, or sale of any Collectibles through the Service. We make no representations or warranties regarding the quantity, sufficiency, or commercial quality of any services provided to you, including promotional support, technical features, or marketplace exposure.The Service, including the ability to list, host, or display your Collectibles, is provided strictly on an “as is” and “as available” basis. Digital Original makes no warranty or representation that any Collectible will be approved, listed, sold, or remain continuously accessible. To the fullest extent permitted by law, all warranties, express, implied, statutory, or otherwise, are disclaimed, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing, course of performance, or usage of trade.
Digital Original is not obligated to list your Collectibles for sale on the Service. If Digital Original does list your Collectibles, it does not guarantee they will sell. Furthermore, Digital Original has no obligation to exert any effort to sell your Collectibles.
In addition to the indemnification obligations set forth in the Terms of Service, you, as a Gallery, agree to indemnify, defend, and hold harmless Digital Original, its affiliates, officers, directors, employees, contractors, agents, and licensors from and against any and all claims, demands, actions, investigations, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of the Service; (b) your breach or alleged breach of this Agreement or the Terms of Service; (c) any content or materials submitted, uploaded, displayed, or otherwise made available by you through the Service; (d) your violation of any applicable laws, regulations, or rights of any third party (including intellectual property or privacy rights); (e) any and all tax liabilities or obligations imposed on Digital Original in connection with your activities on the Service; and (f) any claim from an Artist, Artist Estate Holder, or other third party for royalties, fees, or other payments related to the sale of your Collectibles. This indemnification obligation shall survive the termination or expiration of this Agreement and your use of the Service.
Digital Original may terminate this Agreement, in whole or in part, at any time and for any reason, including for breach of this Agreement or the Terms of Service, by suspending, disabling, or deleting your Gallery Account, or by discontinuing access to the Service. Termination may be effective immediately and without prior notice, at Digital Original's sole discretion. You may terminate this Agreement at any time by ceasing all use of the Service and closing your Gallery Account, if applicable.
Termination of this Agreement shall not affect the rights and obligations of the parties that have accrued prior to termination. Without limitation, the following provisions shall survive termination: ownership and usage rights related to Collectibles purchased or received, intellectual property rights, usage restrictions, disclaimers and warranties, indemnification obligations, limitations of liability, dispute resolution provisions (including mandatory arbitration and governing law), and any other terms which by their nature are intended to survive termination.
Upon termination by Digital Original, your access to the Service will be disabled, and Digital Original reserves the right to immediately remove and delist all of your Collectibles from the Service. Digital Original will not be liable for any potential loss of sales or other damages resulting from such removal.
10.1 This Agreement, along with the Terms of Service, Privacy Policy, and any other agreements explicitly referenced herein, constitutes the complete and exclusive understanding between you and Digital Original regarding your use of the Service as a Gallery. Both you and Digital Original agree that any disputes arising from this Agreement will be resolved through binding arbitration, as outlined in the Terms of Service.
10.2 You acknowledge that you are an independent contractor and that this Agreement does not establish any agency, partnership, joint venture, or employee-employer relationship between you and Digital Original. You have no authority to make commitments on behalf of Digital Original, and Digital Original has no authority to make commitments on your behalf. You are solely responsible for the supervision, direction, control, compensation, benefits, and tax withholdings of your personnel.