Gallery Terms and Conditions

2.1 Collectibles Requirements

All 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.

You are authorized to list, sell, or offer for sale or auction only those Collectibles under the standard Digital Original that have successfully completed our verification process.

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.

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.

For the avoidance of doubt, the completion of the verification process under the Digital Original standard does not constitute and shall not be construed as a representation, warranty, or guarantee by Digital Original that the person listing, selling, or offering the Collectible is the lawful owner of the underlying artwork or that such person holds all necessary rights, title, authority, or permissions to list, sell, or otherwise exploit the Collectible.

Digital Original does not verify and does not assume any responsibility for the ownership, authorship, provenance, authenticity, or legality of any Collectible listed or sold under either the Digital Original or the Digital Native standard. Any and all risks related to title, intellectual property rights, moral rights, or other third-party claims remain solely with the Gallery and the buyer.

2.2 Selection of the Phygital category

In addition to the selected category Digital Original or Digital Native, you may also choose the Phygital category. Selecting the Phygital category indicates that the buyer will receive both a digital token and a physical object connected to the applicable Collectible directly from you. This option should be enabled by you only if you intend to deliver both components. Shipping details and costs must be negotiated separately between you and the buyer after the purchase is completed.

You acknowledge that Digital Original facilitates only the digital sale and token issuance. The Platform does not assume any responsibility for the shipment, handling, storage, or condition of any physical components. All matters related to shipping, packaging, delivery timelines, damages, returns, or loss of the physical component are handled exclusively between the Gallery and the buyer.

If the buyer claims for phygital, you shall answer on this request within 10 (ten) business days. Upon mutual agreement of the Gallery and the buyer on the delivery terms, including but not limited to the method of delivery, delivery costs, and other relevant conditions, the Gallery shall organize and duly deliver the physical components to the buyer within thirty (30) calendar days, unless otherwise expressly agreed in writing between the Gallery and the buyer.

If a buyer fails to provide the required delivery details or does not respond to communication, the Digital Original platform bears no responsibility for any resulting delays or complications.

For any shipping-related inquiries or concerns, the buyer should contact you directly through the contact form available on your storefront.

2.3 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.

3.1 General Payment Provisions

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, except where refunds are required by applicable law or otherwise expressly provided for in the Terms of Service or these Gallery Terms and Conditions. These amounts may be updated from time to time at Digital Original's sole discretion, with or without notice, as permitted by the Terms of Service, these Gallery Terms and Conditions and applicable legislation.

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. If we are required by law to collect or withhold any taxes in connection with your use of the Service, we will notify you of such obligation and will collect the applicable amounts from you accordingly, and you hereby agree to the collection and payment of such taxes.

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.

3.2 Subscriptions

Certain features or portions of the Services may only be accessible upon obtaining and maintaining a valid subscription ("Subscription"). Subscription requirements, including applicable fees, terms, and access levels, will be disclosed before the purchase of the Subscription.

In general, we offer monthly and yearly Subscription packages.

By selecting a Subscription, you agree to pay us the fees indicated in the terms of such a Subscription. Such fees will be charged on a pre-pay basis on the day you sign up for the Subscription and will cover the use of the features or Services included in that Subscription for the period indicated.

Except where required by applicable law or otherwise specified by us, a payment for the Subscription is not refundable (including payments for the unused part of the Subscription). You agree that once you make a purchase of the Subscription, it is final and cannot be cancelled, and Digital Original will not provide any refunds for the transaction, except where required by applicable law. However, Digital Original reserves the right to provide refunds at its discretion and subject to its published policies.

Please note that, to the maximum extent permitted by applicable law, we reserve the right to modify our pricing at any time and for any reason. Any changes to our fees will be communicated by posting the updated rates on the Platform, or by providing notice in another prominent manner. By continuing to use or renew your Subscription after the revised pricing takes effect, you agree to be charged the updated rates unless you cancel your renewal package beforehand.

By submitting your payment card information, you authorize us and our third-party payment processors to charge your payment card for all applicable fees. You are solely responsible for ensuring that your payment card details, billing information, and contact information are accurate, current, and kept up to date at all times.

At the end of the Subscription, your Subscription will automatically renew, and all applicable fees will be charged automatically, unless otherwise specified in the terms governing such Subscription. The renewal period will match the duration of your original Subscription period, unless a different period is disclosed to you on the Platform. You may cancel your Subscription before its expiration in your Gallery Account or by contacting our customer support team at [email protected]. It is your responsibility to be aware of the expiration date of your Subscription.

If you choose to cancel your Subscription, it will remain active until the end of the prepaid Subscription period, after which it will not renew.

If you choose to upgrade your Subscription, you will be required to pay only the difference in fees between your current Subscription and the new one. This difference will be calculated and charged at the time the upgrade is made, and access to the upgraded Subscription will be granted immediately upon payment. If you elect to downgrade your Subscription, the downgrade will take effect at the start of the next Subscription period.

3.3. Subscription Withdrawal Rights of EU and UK Consumers

If you are a resident of the European Union or the United Kingdom and purchase a Subscription, you have the right to withdraw from the contract within 14 days from the date of purchase, in accordance with applicable consumer protection legislation. You may exercise this right by notifying the Company of your decision to withdraw by means of a clear written statement sent either by post or by email to [email protected].

As the Subscription does not constitute a single item of digital content and the Services are provided on a continuous basis, you expressly request and consent to the immediate provision of the Services upon purchase. Accordingly, if you choose to exercise your right of withdrawal during the 14-day withdrawal period, the Company reserves the right to deduct from any refund an amount proportionate to the Services provided up to the date on which you notified us of your withdrawal. You acknowledge and agree that once the Services under the Subscription have been fully performed, you will no longer have the right of withdrawal.

Any applicable refund will be processed within 14 days from the date on which the Company is notified of your decision to withdraw and will be issued using the same means of payment as used for the original transaction.

You may use the model withdrawal form provided below. To meet the withdrawal deadline, it is sufficient that you send your notice before the 14-day period expires.

Model Withdrawal Form:

email: [email protected]

I hereby notify you of my decision to withdraw from the contract for the following service:

Date service received:

Name of User:

Address of User:

Signature of User: (only if this form is submitted by post)

Date:

3.4 Payment ProcessorWe use third-party payment processors (each, a "Payment Processor") to process payments for Subscriptions. The processing of payments is subject to the terms, conditions, and privacy policies of the applicable Payment Processor, in addition to these Gallery Terms and Conditions. Our current Payment Processor is Stripe, and your payments are handled by Stripe in accordance with its terms of service and privacy policy. Digital Original reserves the right to change the Payment Processor at its sole discretion.

By making a purchase, you agree to pay all applicable fees at the prices in effect at the time of the transaction, and you authorize us to charge such fees through the Payment Processor using the payment method associated with your Gallery Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or discrepancies, even if a payment has already been requested or processed.

Unless otherwise specified by us or required by law, you bear full responsibility for all bank fees, charges, chargebacks, refunds, penalties, and any other costs arising from payment transactions.

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;

(e) Personal Data: Content that includes, displays, or transmits personal or sensitive information of any individual;

(f) Unauthorized Use of Third-Party Intellectual Property: copyrighted works, trademarks, trade dress, or proprietary content without permission, replicas or derivatives of existing copyrighted art, content that infringes moral rights or publicity rights;

(g) Unauthorized Depictions of Real Persons: Content that includes the likeness, image, name, or other identifying features of celebrities, public figures, private individuals without their express, prior, written consent, including deepfakes, AI-generated likenesses, impersonations, and other synthetic representations;

(h) Sensitive or Politically Manipulative Content Material that: attempts to manipulate political opinions or electoral processes, promotes terrorist propaganda, uses disinformation tactics.

In the event that you breach any of the representations, warranties, or obligations under this Agreement, Digital Original reserves the right, in its sole discretion and without prior notice, to take any remedial action it deems appropriate. Such actions may include, without limitation: (i) removing, disabling, or ceasing to display any Collectible; (ii) suspending or restricting your access to certain features of the Service; (iii) temporarily or permanently disabling or terminating your account; and (iv) reporting suspected unlawful activity to relevant authorities. You acknowledge that Digital Original shall have no liability to you for exercising any of these rights.

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 Unless otherwise agreed between the Gallery and the buyer, or unless otherwise expressly stated, by selling or transferring a Collectible to the buyer through the Service, and upon the minting of such Collectible (including where minting is initiated by the buyer pursuant to a lazy minting process), you grant the buyer, and any future transferee:

(a) a limited license to use, display, and showcase the Collectible in digital environments, including without limitation in virtual spaces, online galleries, social media, and other digital contexts, solely for non-commercial purposes, except as expressly permitted under paragraph (b) of this clause 5.3; and

(b) a right to resell or otherwise transfer the Collectible, including on a marketplace or other platform.

Unless expressly stated otherwise, the buyer may not reproduce (except as technically necessary) or create derivative works from the Collectible. The rights in paragraphs (a) and (b) of this clause 5.3 automatically transfer with the Collectible to any subsequent transferee.

Unless otherwise agreed between the Gallery and the buyer or expressly stated otherwise, where a Collectible is designated with the Phygital category, the buyer shall, upon delivery of the physical object associated with the applicable Collectible, acquire ownership of such physical object and may use, display, transfer, or otherwise dispose of it at its discretion; provided, however, that the buyer shall not reproduce, copy, or create or sell copies or derivative works thereof without the prior written consent of the creator or rights holder. The Gallery is solely responsible for ensuring that any rights granted in connection with a Collectible are accurately described, do not conflict with the Agreement, and comply with applicable law.

5.4 By creating or uploading Collectibles through the Service, you grant Digital Original a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, distribute, and publicly perform such Collectibles, in whole or in part, solely in connection with Digital Original's marketing, promotional, and business development activities, without any obligation to seek further approval from you. To the maximum extent permitted by applicable law, you waive any right to object to such uses based on rights of privacy or publicity. To the extent that moral rights (including rights of integrity, attribution, or withdrawal) cannot be waived under applicable law, you consent to the foregoing uses and agree not to exercise such rights in a manner that would interfere with Digital Original's permitted use of the Collectibles.

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 parties agree to use reasonable efforts to resolve any dispute(s) that may arise regarding this Agreement amicably and in good-faith negotiations. If any such dispute cannot be resolved amicably, it shall be resolved exclusively in accordance with the dispute resolution procedures set forth 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.