Terms of Service

1.1 Platform. The Digital Original Platform is a web-based platform designed for trading blockchain-based digital collectibles developed using the Digital Original standard. It supports various blockchains, including but not limited to Ethereum (each referred to as a “Digital Original-Supported Blockchain”). The list of supported blockchains may be updated at Digital Original’s discretion. For more information about the Digital Original Platform, please visit our FAQs.

1.2 Use of the Service. You, along with any other individuals who have registered for an Account (as defined below), are considered a “User” of the Service. As a User, your use of the Service may include: (a) accessing, downloading, or using any component of the Service; (b) buying or receiving any Collectible through the Service; (c) using, sending, or receiving tokens, sending messages, or otherwise transacting through any component of the Service.

1.3 Modification of the Service. Digital Original reserves the right to alter or discontinue the Service, whether by limiting or removing certain features or ceasing the Service entirely, at any time and without prior notice. Such changes may be temporary or permanent. Digital Original is not liable for any modifications to the Service or for any suspension or termination of your access or use.

If you are registering on behalf of an entity, you represent that you have the authority to bind the entity to these Terms.

Additionally, you confirm that you are not, and are not acting on behalf of, any person or entity identified on prohibited party lists maintained by any government, including the United Nations Security Council, U.S. Treasury Department, the European Union, or your home country’s government. You also confirm that you are not located in, ordinarily resident in, organized, or established in any country under U.S. sanctions or arms embargo. The funds you use to purchase Collectibles are not derived from illegal activities.

2.2 Privacy Policy. Digital Original collects, processes, and uses your information in accordance with our Privacy Policy.

2.3 Account. To register an account (“Account”) on the Service, you must provide a blockchain address and connect directly to a Digital Original-Supported Blockchain node or indirectly through a compatible cryptocurrency wallet (such as Metamask) (a “Wallet”). You agree to provide accurate, complete, and up-to-date information during registration and to keep it updated.

You are responsible for maintaining the confidentiality of your Account credentials and are liable for all activities under your Account. If you suspect your 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.

2.4 Gallery Account. The Service offers features allowing you to "tokenize" your content into NFTs (e.g., ERC-721 tokens). NFTs can represent various types of content like artwork, referred to as “Collectibles”. Each NFT includes a Uniform Resource Identifier (URI) that points to a JSON file configured appropriately.

If you wish to mint Collectibles using the Service, you must review and agree to the Gallery Terms and Conditions and set up a “Gallery Account.”

2.5 Your General Covenants, Representations and Warranties. By using the Service, you covenant, represent, and warrant as follows:

(a) Non-contravention. Your use of the Service does not constitute and would not reasonably be expected to result in (with or without notice, lapse of time, or both) a breach, default, contravention, or violation of any law applicable to you, or any contract or agreement to which you are a party or by which you are bound.

(b) No Claim, Loan, Ownership Interest, or Investment Purpose. Your purchase, holding, receipt, and use of the Collectibles or your use of the Service does not: (i) represent or constitute a loan or a contribution of capital to, or other investment in, Digital Original or any business or venture; (ii) provide you with any ownership interest, equity, security, or right to or interest in the assets, rights, properties, revenues, or profits of, or voting rights whatsoever in, Digital Original or any other business or venture; and (iii) create or imply or entitle you to the benefits of any fiduciary or other agency relationship between Digital Original or Digital Original Entities, on the one hand, and you, on the other hand. You are not entering into these Terms for the purpose of making an investment with respect to Digital Original or its securities, but solely wish to use the Service for its intended purposes.

(с) Non-Reliance. You are knowledgeable, experienced, and sophisticated in using and evaluating blockchain and related technologies and assets, including blockchain, Collectibles, and “smart contracts” (bytecode deployed to a blockchain). You have conducted your own thorough independent investigation and analysis of the Service and the other matters contemplated by these Terms, and have not relied up-on any information, statement, omission, representation, or warranty, express or implied, written or oral, made by or on behalf of Digital Original in connection therewith, except as expressly set forth by Digital Original in these Terms.

d) Taxes. You are solely responsible for assessing all Taxes owed, if any, for your use of the Service, including, but not limited to, tax liabilities associated with any purchase of the Collectibles. As used herein, the “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges that you may be required to collect and remit to governmental agencies, and other similar municipal, state, federal, national or other withholding and personal or corporate income taxes.

2.6 Digital Original's Right to Deny Access and Use. Digital Original reserves the right to terminate or restrict your access to and use of the Service, in whole or in part, at any time, and at its discretion, with or without notice. Digital Original may disclose any information as necessary to comply with applicable laws, regulations, legal processes, or governmental requests. Additionally, Digital Original has the right to edit, refuse to post, or remove any information or materials (including Collectibles) from the Service, in whole or in part, at its sole discretion.

When you upload Collectibles or other materials to the Service, they may be subject to usage, reproduction, or dissemination limitations. You are responsible for adhering to these limitations if you acquire a Collectible.

3.1 Payment Terms. Accessing and using the Service, launching auctions, and bidding on, minting, and purchasing Collectibles may be subject to fees, commissions, royalties, and other charges, including, but not limited to:

(a) “Collectible Fee”: the fee for the Collectible set by the Gallery, payable by the buyer to the Gallery.

(b) “Commission: the fee on the sale and/or secondary sale of a Collectible, payable by the buyer and/or by the second and following buyers to the person designated by the Gallery (the “Artist or Artist Estate Holder”).

(c) “Gas Fee”: A transaction fee required by the blockchain network for every transaction, facilitated by smart contracts using the Service. The value of the Gas Fee is volatile and outside the control of Digital Original or the Service. Transactions will not be invalidated or revoked due to the Gas Fee being unknown, too high, or otherwise unacceptable at the time of the transaction.

(d) “Storage Fees”: the fee associated with storing the Collectible on the InterPlanetary File System (IPFS).

(e) “Digital Original Fees”: the fee payable by the buyer to Digital Original for accessing and using the Service.

“Collectible Fee”, “Commission”, “Gas Fee”, “Storage Fees”, “Digital Original Fees” - collectively, the “Fees”. All Fees are denominated in USDC and are final and irreversible.

Digital Original reserves the right to modify the Digital Original Fees for any feature of the Service, including introducing new fees or charges, at any time and with or without prior notice. Before you incur any Fees, you will have the opportunity to review and accept the applicable charges.

3.2 Price. Digital Original reserves the right to set and adjust pricing for the Service at its discretion. We strive to keep the pricing information on our website current and encourage you to check regularly for updates. Digital Original may, at its sole discretion, offer promotions with varying features and prices to different customers. Unless a promotional offer is specifically extended to you, it does not apply to your use of the Service or to these Terms.

4.1 Service Ownership; Proprietary Rights. The Service is owned and operated by Digital Original. Except for the Collectibles, the information posted by the Gallery, such as information about the Gallery, the Collectibles, Artists, Artists Estate Holders, and the User Content, the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Digital Original Materials”) provided by Digital Original are protected by intellectual property and other laws. All Digital Original Materials included in the Service are the property of Digital Original or its third-party licensors, and you agree not to take any action(s) inconsistent with such ownership interests. We and our third-party licensor reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works. Digital Original Materials may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not modify, remove, or obstruct any proprietary rights statement or notice contained in the Service. “Digital Original” and its logos are trademarks of Digital Original. All other trademarks appearing in the Service are the property of their respective owners, and may not be copied, imitated, used, or otherwise, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Digital Original. Digital Original reserves all rights to the Digital Original Materials not granted expressly in these Terms.

4.2 Limited License. Subject to your ongoing compliance with these Terms, you are hereby granted a limited, non-exclusive, non-transferable, revocable, non-sublicensable, and personal license to access and use the Service as permitted by these Terms. Except where prohibited by applicable law, you agree not to: (a) reproduce, distribute, publicly display, or publicly perform any part of the Service, (b) modify, adapt, translate, or create derivative works based on the Service, (c) interfere with or circumvent any feature of the Service, including any security or access control mechanisms, (d) use the Service to create or attempt to create a competing product or service. If you are prohibited under applicable law from using the Service, you may not use it.

4.3 Feedback. We welcome feedback, comments, and suggestions for improvements to the Service (the “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis, or otherwise). You hereby grant us a perpetual, irrevocable, non-exclusive, royalty free, worldwide license to incorporate and use your Feedback for any purpose, including to improve our Service or create other products and services.

5.1 User Content Generally. In addition to creating and posting Collectibles, which are governed by the Gallery Terms and Conditions, the Service may allow Users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages, reviews, images, folders, data, text, and any other works of authorship or other works (the “User Content”). For the avoidance of doubt, Collectibles are User Content. The User retains any copyright and other proprietary rights that the User may hold in the User Content that the User Posts to the Service except those rights that the buyer explicitly chooses to waive.

5.2 License Grant to Digital Original. By Posting User Content to or via the Service, you grant Digital Original a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service.

5.3 License Grants to Other Users. By Posting User Content to or via the Service to other Users of the Service, you grant those Users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

5.4 License Grants to Collectables. By selling Collectibles through the Service, a Gallery grants the buyer a license to use the Collectible according to the terms and conditions specified by the Gallery in the Collectible’s description.

5.5 Rights to the Content Posted; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or is not fully authorized to grant rights in all of the elements of that User Content. Digital Original disclaims any and all liability in connection with User Content. You are solely responsible for the User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to Digital Original that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Digital Original and other Users of the Service to use and distribute the User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Digital Original, the Service, and these Terms; (b) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person; or (iii) cause Digital Original to violate any law or regulation or require Digital Original to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and (c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

5.6 User Content Disclaimer. Digital Original is under no obligation to edit or control User Content that the User or other users Post and will not be in any way responsible or liable for User Content. Digital Original may, however, at any time and without prior notice, screen, verify, remove, edit, or block any User Content in its sole discretion, including pursuant to its judgment that it violates these Terms. Digital Original makes no representations or warranties as to the legality, reliability, accuracy, appropriateness, quality, origin, or ownership of any content found in the Service. Digital Original will not be liable for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the User Content. Digital Original will not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Digital Original with respect to User Content. If notified by the User or content owner that User Content allegedly does not conform to these Terms, Digital Original may investigate the allegation and determine in its sole discretion whether to remove the User Content, which Digital Original reserves the right to do at any time and without notice. For clarity, Digital Original does not permit infringing activities on the Service.

5.7 Monitoring. Digital Original does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (d) the use of the Service by its users. You acknowledge and agree that Digital Original reserves the right to, and may from time to time, monitor any and all information and content transmitted or received through the Service for operational and other purposes. If at any time Digital Original chooses to monitor the content, Digital Original still assumes no responsibility or liability for such content, or any loss or damage incurred as a result of the use of such content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

6.1 Permitted Uses. The Service is reserved exclusively for lawful consumer entertainment and artistic purposes.

6.2 Prohibited Uses. By using the Service, you agree not to, directly or indirectly:
(a) Use the Service for any illegal purpose or in violation of any local, state, national, or international law.

If you believe that any content on the Service infringes upon your intellectual property rights, please notify us by email immediately with the following information:

(a) identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;

(b) identification of the specific content that is claimed as infringing and information sufficient to permit us to locate that content (providing a URL is the best way to help us locate the content quickly);

(c) your contact information – at a minimum, your full legal name (not pseudonym) and email address;

(d) a declaration that contains all of the following: (i) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law; (ii) a statement that the information in the notice is accurate; and (iii) a statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed;

(e) your physical or electronic signature (of your full legal name).

8.1. Term. These Terms are effective beginning when you accept the Terms or first access, or use the Service, and ending when terminated as described in Section 8.2.

8.2. Termination. If you violate any provision of these Terms, your authorization to access the Services and these Terms automatically terminates. In addition, Digital Original may, at its sole discretion, terminate these Terms or the Account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate the Account and these Terms at any time by contacting Digital Original by email.

8.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access the Account or the Service; (c) you must pay Digital Original any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 4.2, 4.3, 5.3, 5.4, 6, 8.3, 9 - 15 will survive.

You acknowledge and agree that your access and use of the Service is subject to certain risks, including without limitation:

(a) The value of the Collectible is subjective. Prices of the Collectibles are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect the Collectibles prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money.

(b) The Collectibles exist and can be transferred only by virtue of the ownership record maintained on the blockchain supporting such Collectibles. Any transfer of Collectibles occurs within the supporting blockchain and not on the Service.

(c) You understand that you are responsible for any Fees, including for actions you take on the blockchain, regardless of whether a successful transaction occurs, and that such Fees are final and irreversible.

(d) We do not have ownership or control of the smart contracts deployed by third parties, and are not responsible and make no guarantees regarding their operation and functionality.

(e) The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.

(f) We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and we have no ability to reverse any transactions on the blockchain.

(g) There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Digital Original will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused.

(h) The legal and regulatory environment surrounding blockchain technologies, cryptocurrencies, and non-fungible tokens is evolving and uncertain. New regulations or policies may materially adversely affect the development of the Service and the utility of the Collectibles.

(i) You are solely responsible for keeping your wallet secure. Digital Original does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. If you discover an issue related to your wallet, you should contact your wallet provider directly.

(j) Digital Original reserves the right to hide collections, contracts, and Collectibles affected by any of these issues or by other issues. Purchased Collectibles may become inaccessible on Digital Original. Under no circumstances shall the inability to view the Collectibles on Digital Original or an inability to use the Service in conjunction with the purchase, sale, or transfer of the Collectibles available on any blockchains serve as grounds for a claim against Digital Original.

(k) You understand and agree that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself. Digital Original does not give any advice or recommendations regarding the Collectibles. You understand and agree that your access and use of the Service are at your own risk. You understand and agree that Digital Originalwill not be responsible for any communication failures, disruptions, errors, or distortions you may experience when using the Collectibles or the Service.

The Collectible Metadata for Collectibles created through Digital Original Applications might be stored on the InterPlanetary File System (IPFS) using third-party services like Pinata, or on a third-party storage chain like Filecoin. For Collectibles created outside of Digital Original Applications, the storage method may vary based on how they were created.:

There is no guarantee or assurance regarding the uniqueness, originality, or quality of any Collectible or its Metadata. In the absence of an express legal agreement between the creator and the purchaser of any Collectible, there is no guarantee or assurance that purchasing or holding a Collectible confers any rights to the Collectible Metadata or other intellectual property associated with the Collectible. This includes any license or ownership rights, even if you own or possess the Collectible.:

Digital Original reserves the right, at its sole discretion, to remove certain Collectibles from the Service or to restrict the creation of Collectibles, particularly if Digital Original believes such Collectibles violate these Terms. Digital Original does not commit to and will not be liable for any failure to support, display, offer, or continue to support, display, or offer any Collectibles for trading through the Service.:

11.2 No Professional Advice or Liability. All information provided by or on behalf of Digital Original is for informational purposes only and should not be interpreted as professional, accounting, or legal advice. You should not take or refrain from taking any action based on any information contained in these Terms or provided by or on behalf of Digital Original.:

Before making any financial, legal, or other significant decisions involving the Service, you should seek independent professional advice from individuals who are licensed and qualified in the relevant field. Always exercise caution when sharing personal information with other Users or on third-party linked websites through the Service.:

Digital Original does not control or endorse User Content, third-party content, messages, or information found on the Service. Digital Original will not be liable for any use or misuse of User Content by any User. Additionally, Digital Original specifically disclaims any liability concerning the Service and any actions or consequences resulting from your use of the Service.:

11.3 Disclaimers Related to Blockchain Technology. To the maximum extent permitted by applicable law, and notwithstanding any other provision in these Terms, Digital Original disclaims any and all liability related to the following aspects of blockchain technology::

(a) Use of Blockchain Technology. Digital Original utilizes experimental cryptographic and blockchain technologies, including tokens, cryptocurrencies, stablecoins, “smart contracts,” consensus algorithms, voting systems, and distributed or decentralized networks. These technologies are novel, experimental, and speculative, creating significant uncertainty regarding their operation, effects, and associated risks. Digital Original disclaims any and all liability related to the use of these technologies.:

(b) Certain Risks of Blockchain Technology. The Service relies on public peer-to-peer networks, such as Digital Original-Supported Blockchains, which are not controlled or influenced by Digital Original and are subject to many risks and uncertainties. Digital Original may have limited or no ability to modify these technologies, other than ceasing support for certain “smart contracts” and adding support for new ones. You are solely responsible for the safekeeping of the private key associated with your Digital Original-Supported Blockchain address. Digital Original cannot restore lost private keys or issue refunds due to lost or stolen private keys. If you lose access to the Service or to your Collectibles due to loss or theft of a private key, Digital Original is not responsible for your ability to exercise rights over your Collectibles or other digital assets.:

(c) Certain Risks of Smart Contract Technology. NFTs and related digital assets depend on smart contracts deployed on Digital Original-Supported Blockchains, some of which may be coded or deployed by parties other than Digital Original. Once deployed, the code of these smart contracts cannot be modified. Malfunctions, bugs, defects, hacking, theft, attacks, negligent coding or design choices, or changes to blockchain protocol rules could adversely affect smart contracts, exposing you to the risk of total loss and forfeiture of all Collectibles and other digital assets.:

(d) Asset Prices. The fiat-denominated prices and public market values of assets such as ETH, Collectibles, and other digital assets are highly volatile and subject to dramatic fluctuations. As relatively new products and technologies, blockchain-based assets are not widely accepted as payment for goods and services. Many of these assets' market demand is driven by speculation. The market value of any ETH, Collectibles, or other digital assets you acquire may decline significantly below the purchase price. Transaction costs and speeds on cryptographic and blockchain-based systems are variable and can change dramatically, potentially impacting your ability to access or use your assets.:

(e) Regulatory Uncertainty. Blockchain technologies and digital assets face significant legal and regulatory uncertainties. The Service, Collectibles, and other digital assets could be adversely affected by regulatory or legal actions, inquiries, suits, investigations, claims, fines, or judgments. Such events could impede or limit your ability to use and enjoy these assets and technologies.:

(f) Cryptography Risks. Advances in cryptography, such as code cracking or quantum computing, may present risks to Digital Original-Supported Blockchains, the Service, Collectibles, and other digital assets, including theft, loss, or inaccessibility of these assets.:

(g) Fork Handling. Elements of the Service, Digital Original-Supported Blockchains, NFTs, Collectibles, and other digital assets may be subject to "forks." Forks occur when there are changes to the blockchain protocol, either backwards-compatible or backwards-incompatible, that may alter transaction handling or the blockchain’s history. Forks can result in persistent alternative versions of the blockchain. Digital Original cannot predict, control, or influence forks and disclaims any responsibility or liability for them. Digital Original will determine its response to forks at its sole discretion, and will not notify users about pending or completed forks. Digital Original reserves the right to associate only one NFT with the relevant metadata forming the Collectible, even if copies exist on both chains following a fork. You are responsible for staying informed about possible forks and managing your interests accordingly.:

(h) Essential Third-Party Software Dependencies. Smart contracts on Digital Original-Supported Blockchains are public software utilities accessible through a Wallet. As the Service does not provide Wallet software or blockchain nodes, these are essential third-party dependencies. Collectible Descriptors, which define the art, text, or data associated with a Collectible, must be stored off-chain. Collectibles created on Digital Original typically have their descriptors stored on IPFS through a third-party service like Pinata. Digital Original cannot guarantee the continued operation or integrity of such third-party storage solutions. Collectibles not created on Digital Original may have descriptors stored through other third-party solutions, which Digital Original does not control.:

(i) Viruses, Hacking, Phishing, Etc. The Service, Digital Original, or your NFTs may be targeted by third-party attacks, such as phishing, brute force attacks, or viruses ("Third-Party Attacks"). Digital Original will not be responsible or liable for any actual or alleged loss or damage sustained due to such Third-Party Attacks.:

11.4 Legal Limitations on Disclaimers. Certain jurisdictions do not permit the exclusion of specific warranties or the limitation or exclusion of particular liabilities and damages. Consequently, some of the disclaimers and limitations outlined in these Terms may not fully apply to you. However, the disclaimers and limitations of liability described in these Terms will be enforced to the maximum extent permissible under applicable law.:

11.5 Application to Digital Original's Representatives. All disclaimers and limitations of obligations or liabilities described in these Terms apply equally to Digital Original and its officers, directors, members, employees, independent contractors, agents, stockholders, debtholders, and affiliates. This ensures that the same protections extended to Digital Original are also applicable to its representatives.:

11.6 The service and all Digital Original materials and content (including the user content) available through the service are provided “as is” and on an “as available” basis. Digital Original disclaims all warranties of any kind, whether express or implied, relating to the service and all Digital Original materials and content (including the user content) available through the service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Digital Original does not warrant that the service or any portion of the service, or any Digital Original materials or content (including the user content) offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Digital Original does not warrant that any of those issues will be corrected.

No advice or information, whether oral or written, obtained by you from the service or Digital Original entities or any Digital Original materials or content available through the service will create any warranty regarding any of Digital Original entities or the service that is not expressly stated in these terms. we are not responsible for any damage that may result from the service and gallery’s sale of the collectibles, buyer’s purchase of the collectibles or your dealing with any other users, original artist or original artist estate holder of the collectible, any third party. You understand and agree that you use any portion of the service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including the user content.

Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

The Service may contain links to third-party properties (the “Third-Party Properties”) and applications (the “Third-Party Applications”). When you click on a link to a Third-Party Property or Third-Party Application, you are subject to the terms and conditions (including privacy policies) of another property or application. Such Third-Party Properties and Third-Party Applications are not under the control of Digital Original. Digital Original is not responsible for any Third-Party Properties or Third-Party Applications. Digital Original provides links to these Third-Party Properties and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Properties or Third-Party Applications, or their products or Service. Use all links in Third-Party Properties, and Third-Party Applications at your own risk. When you leave the Service, our Terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Properties or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

The Service may include components, including software components, that are provided by a third party and that are subject to separate license terms, in which case those license terms will govern your access to and use of such components.

Certain features on Digital Original may be offered while still in “beta” form (the “Beta Services”). Digital Original will utilize best efforts to identify the Beta Services by labeling on its Service. By accepting these Terms or using the Beta Services, you understand and acknowledge that the Beta Services are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems.

You assume all risks and all costs associated with your use of the beta services, including, without limitation, any internet access fees, back-up expenses, costs incurred for the use of your device and peripherals, and any damage to any equipment, software, information, money, cryptocurrency or data. Digital Original or Digital Original entities will not be responsible for any damage caused to your brand, reputation, revenue, and income because of the beta nature of the service. Nn addition, we are not obligated to provide any maintenance, technical, or other support for the beta services.

15.1 General Terms. These Terms and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Digital Original regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Digital Original is not a party, either directly or indirectly, to any agreements, arrangements, or relationships between the Gallery and the buyer, the Gallery and the Artist or Artist Estate Holder, the buyer and the Artist or Artist Estate Holder, or between any other users or between Users and any third party. Digital Original remains independent of these interactions and holds no responsibility or involvement in the terms or obligations established between these parties. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

15.2 Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept the modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 20.2, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. It is your sole responsibility to review the Terms and understand modifications to these Terms as they may be updated from time to time.

15.3 Governing Law and Jurisdiction. In the event of a dispute, controversy or claim arising out of or in relation to these Terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies subject to the terms and conditions set forth below. Notwithstanding the foregoing and subject to the terms and conditions set forth below, either party may seek injunctive relief with respect to any disputed matter to the extent possible under applicable law. Should an amicable settlement between parties not be possible, then any dispute, controversy or claim arising out of or in relation to these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, and the courts of the State of Delaware shall have exclusive jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not be applied to these Terms.

15.4 Headings. The headings and captions contained in these Terms are for convenience of reference only, will not be deemed to be a part of these Terms and will not be referred to in connection with the construction or interpretation of these Terms.

15.5 Successors and Assigns. These Terms will inure to the benefit of Digital Original, you, and the respective permitted successors, permitted assigns, permitted transferees and permitted delegates of each, and will be binding upon all of the foregoing persons and any person who may otherwise succeed to any right, obligation or liability under these Terms by operation of law or otherwise. You will not assign any of your rights or delegate any of your liabilities or obligations under these Terms to any other person without Digital Original's advance written consent. Digital Original may freely assign, transfer or delegate its rights, obligations and liabilities under these Terms to the maximum extent permitted by applicable law.

15.6 Severability. In the event that any provision of these Terms, or the application of any such provision to any person or set of circumstances, will be determined by an arbitrator or court of competent jurisdiction to be invalid, unlawful, void or unenforceable to any extent: (a) the remainder of these Terms, and the application of such provision to persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, will not be impaired or otherwise affected and will continue to be valid and enforceable to the fullest extent permitted by law; and (b) Digital Original will have the right to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner in order that the transactions contemplated hereby be consumed as originally contemplated to the fullest extent possible.

15.7 Privacy Policy. Please read Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

15.8 Supplemental Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Supplemental Terms”). All Supplemental Terms are incorporated by this reference into, and made a part of, these Terms.

15.9 Force Majeure. Digital Original will not incur any liability or penalty for not performing any act or fulfilling any duty or obligation hereunder or in connection with the matters contemplated hereby by reason of any occurrence that is not within its control (including any provision of any present or future law or regulation or any act of any governmental authority, any act of God or war or terrorism, any epidemic or pandemic, or the unavailability, disruption or malfunction of the Service, Internet, the World Wide Web or any other electronic network, any blockchain network or any aspect thereof, or any consensus attack, or hack, or denial-of-service or other attack on the foregoing or any aspect thereof, or on the other software, networks and infrastructure that enables Digital Original to provide the Service), it being understood that Digital Original will use commercially reasonable efforts, consistent with accepted practices in the industries in which Digital Original operates, as applicable, to resume performance as soon as reasonably practicable under the circumstances.

15.10 Support. Digital Original will provide you with reasonable support by email on the business days during the standard business hours, subject to the following conditions: (i) prior to initiating any support request, you shall have first attempted to resolve the issue generating the need for such support; and (ii) you shall reasonably cooperate with Digital Original as needed to resolve the issue.

15.11 Contact. If you have any questions, you can submit a contact form via our Service, website or contact us by email at: [email protected].