WHITE PAPER

Legal Architecture of TokenizArt

TOKENIZART: A DISRUPTIVE NFT MODEL FOCUSED ON SOLVING THE PHYSICAL ASSET ISSUE.

APPENDIX:
This document synthesizes the technological-legal architecture of the TOKENIZART platform, explaining and delimiting the chosen and employed tokenization taxonomy.

In the form of an essay, it outlines the distinctive features typical of a white paper.

Preliminary
Perhaps the concept of NFT is broad, strictly linked to a speculative world, and even poorly disseminated. Furthermore, when attempting to link or explain it in terms of pre-existing assets in the physical world.

TokenizArt is a platform that, beyond including all types of tokenized art (physical and digital), has disrupted the Blockchain market with its set of tools and functional architecture, unlocking the complexity of tokenizing underlying assets (assets from the physical world) that even existed without the need for an NFT to represent them. In other words, we have excelled and specialized in physical NFTs or NFT Physical Assets. Therefore, we want to present and let you know from this perspective what NFTs are, the new concept dominating the technological world.

Preliminarily, we can say that NFTs can be virtual assets (e.g., crypto art) or representations of an already existing physical asset (RWA) REAL WORLD ASSET, which are linked or associated to improve their identification to a standardized system, to a non-fungible token (NFT).

A unique ID is assigned to these assets to maintain their singularity and indivisibility characteristic of NFTs.

NFTs in general are known as “non-fungible tokens,” which are blockchain smart contracts that inherit the uniqueness, singularity, and rarity (in the sense of scarcity) of their digital or real-world asset. It precisely facilitates the proof of such scarcity to be verifiable erga omnes (by everyone). This tokenization is a technological tool that ensures authenticity and ownership proof recorded on a blockchain to register each and every transaction related to the underlying asset it represents.

This concept of physical NFT will greatly assist numerous artists, creators, and many other professionals in generating opportunities to monetize their work and, at the same time, act as excellent support in the collection of unique or rare items.


Physical Asset: Another Way to View NFTs
Blockchain in general and NFTs, in particular, are beginning to flourish in our society, revolutionizing the concept of trust in a third party without the involvement of an intermediary. People claim property rights and authentic identity or any fraudulent transaction that has occurred regarding their assets.

Users and holders should always remember that these tokens can record the digitized version of the physical asset in any market, and generating the NFT will eventually give full ownership to the buyer (if stipulated). Since the NFT cannot be altered, the claim of ownership can even be used as collateral to obtain a loan in a specific loan.


What is a Physical NFT Artwork?
A physical NFT artwork (Non-Fungible Token) is a token representing a real-world physical artwork. It facilitates traceability, incorporation of history, and successive transmissions.


What do we need to ensure a physical identity for an NFT?
While NFTs are commonly used for purely digital art, their linkage to pre-existing physical objects requires a different and more complex technical, legal, and technological architecture.

The life of a physical artwork, its sale, transmission, storage, and transportation are entirely different. Different needs require different or at least complementary solutions. Among them is the proper linking and identification of digital identity to the physical one, ensuring that this linkage is secure, unalterable, and traceable.

TokenizArt’s physical NFTs are efficiently linked to physical artworks or other unique physical objects. Therefore, their ownership cannot be transferred like any other 100% digital NFT.

Firstly, they require adaptation to existing legal systems to ensure transmission, the “TRADITIO,” consisting of the TITLE and the MODO.

This requires CUSTOMIZATION OF SOLUTIONS TO BE SUITABLE for physical objects. TokenizArt solves this with a chip equipped with NFC technology programmed to measure and need to authenticate the article, linked through an app that you need to download to interact. Ensuring PHYSICAL-DIGITAL connection.

We encode a unique and secure link to the NFT on this chip through an interaction on the Blockchain of the Smart Contract called “Certify Chip – NFC Linking.” The system is linked to the physical artwork and interacts with the descriptions and photos incorporated into IPFS (the decentralized file that ensures the data is hosted in an immutable way).


How should a physical NFT be transmitted or sold?
Customized solution. Physical and digital unity. Linking the digital NFT to the physical artwork.

A common mistake people make is assuming that an NFT can exist and be traded along with the physical asset in the same way as digital art.

A system of assigning a DIGITAL ASSET to an underlying physical asset requires a customized solution for the specific needs of a physical artwork.

It is not possible, or at least, it is impractical in practice to automatically swap (atomic exchange) an NFT for a physical artwork with a token (cryptocurrency), as we could do with crypto art, where the underlying asset (the artwork) is also digital.


The digital art, its simplicity.
Digital art, which is born, lives, and is stored entirely in cyberspace, in databases, IPFS, etc., makes its transmission or purchase easy, practical, and self-sufficient through simultaneous and atomic delivery (at the same time and in the same act) between buyers and sellers, in exchange for cryptographic value.

Complexity of physical art.
In contrast, physical art will undoubtedly have prior, intermediate, and complementary steps to ensure the physical transmission and delivery of the artwork.

It will undoubtedly require oracles to ensure and coordinate the linkages between the physical and digital, the off-chain data running with the on-chain. They must also accredit the veracity of the artwork, its state of conservation, agree to its delivery, transit, custody agents, accompany contracts, supporting documentation, etc. That is, they must generate all the dynamic probative load that ensures the legitimacy of the asset, its acts, certifications, and related authentications.

It will require an ad-hoc infrastructure, entirely customized and linkable to all operations, ensuring not only on-chain traceability (verifiable on the blockchain) but also ensuring payments, transfers, and guarantees. To this end, TokenizArt has an Escrow Service system, which facilitates various actions, such as blocking the ownership of the artwork until the physical delivery of the asset is completed.

It also facilitates the autonomy of the parties’ will regarding stipulating milestones, clauses, payment methods, the currency, or chosen payment instrument (it is undeniable that physical art continues to use fiat currencies, with cryptocurrency payments not being common). Tokenizart takes all of this into account and has conducted a meticulous study of needs and practices in the art world.

It is also essential to link and secure that “Virtual Asset” to the physical work or asset, using a technological tool that connects the digital identity with the underlying asset, combined with elements to deter and discourage chip extraction.

At TokenizArt, we address this with NFC technology and labels with VOID security holograms.This ensures the integrity of the system and strengthens the relationship between the digital and physical worlds, guaranteeing the authenticity and traceability of the artwork. NFC technology and VOID security labels are a fundamental part of the solution offered by TokenizArt to create an effective bridge between virtual and physical assets in the art world.

Complementary Tools to Ensure the NFT Functions as a Title of Ownership.

At TokenizArt, we are aware that we are providing disruptive tools, even within the Blockchain world and the basic usability of NFTs.

We provide customizable solutions that facilitate the traceability and linking of physical artworks with Digital Assets created with unique IDs, enhancing and optimizing the life of artworks and the art-related world, connecting it to the financial realm and integrating it into decentralized finance like LEGO pieces. Thus, ensuring the interoperability of assets, platforms, and protocols.

Highlighting the fundamental value that should guide projects seeking true innovation and longevity in the pursuit of disruptive forefront is “Composability.”

Composability is a design principle of the system that deals with the interrelationships of components. A highly composable system provides components that can be selected and assembled in various combinations to meet specific user requirements.

Adherence to clear rules and the spirit of the project is crucial. We have established terms and conditions, as well as disclaimers, to ensure that assets have been “tokenized” or “minted” by their rightful owners or legitimate possessors, representatives, etc. and that they understand the scope of assigning NFTs the status of a virtual certificate and representative title of the underlying asset.

Therefore, mandatory disclaimers and statements of will have been stipulated, which individuals must subscribe to when attempting actions. Firstly, upon logging into the platform, where they are required to complete KYC (Know Your Customer) data, linking identities.

Secondly, when interacting with the DAPP (decentralized application) called “ATELLIER,” users and validators are required to give their consent to TokenizArt’s terms and conditions, signing with their registered wallet and validating their actions.

Within the terms and conditions, it is specified: “… When minting an ID on the ‘Tokenizart.com’ platform, Smart contract: … (Gnosis Chain – formerly XdaiChain), you are creating a digital title of ownership for the associated underlying asset, whether physical or digital. This grants you the value of owner or legitimate holder of the associated and linked asset, and provides, at the moment of transfer, the character of owner to the transferee. There is a presumption that what is being transferred is ownership of the asset. Additional certifications can be stipulated to precisely define the scope of the title being held and transferred.

You accept, under sworn statement, that you understand the scope of the present ASSET and become the sole responsible party for the authenticity and ownership of the associated asset, whose data and photos are stored in IPFS. The undersigned accepts sole responsibility for any falsehoods or illegitimacy of the associated asset. TokenizArt issues this Disclaimer because it is a technological platform that provides users with tools facilitating the integration, digitalization, and tokenization of artworks, as well as the incorporation of holistic data and documentation.

In the third place, when “minting or tokenizing” the artwork (assigning a unique and irreplicable ID that links the physical artwork), a clause called “Acceptance Manifesto” appears, stating, “I hereby declare that I am creating a certificate of title for the underlying physical or virtual asset on the blockchain in the GNOSIS CHAIN – formerly Xdai Chain, and that I am authorized to do so either as the owner or as an act of management or mandate entrusted by the legitimate owner.”

Additionally, there are extra functions to link different types of certifications, add supporting documentation, where owners can submit documentation from notaries, certifying titles, appraisals, other binding property titles that will facilitate and ensure the validation and linking of the NFT with the physical artwork.

TokenizArt thus provides truly innovative instruments that streamline the entire life of art, including the active participation of validators, experts, curators, gallery owners, institutions, ensuring verifiability not only of documentation but also ensuring the identity of those who interact, eliminating fraud.

We have also understood that an excess of supporting documentation will enhance and further ensure the legitimacy and authenticity, not only of the artwork itself but also of its connection to the person who “mints” (creates) it. Considering that the system is truly innovative and under the axiom “abundance does not harm,” we prefer redundant registration. For works of significant pecuniary value, we recommend that every property transfer (“transfer”) be accompanied by sufficient supporting documentation and be conducted through the ESCROW SERVICE modality, which we provide. In this service, the parties freely choose a custodian-free Escrow agent, ensuring their transfer under specifically agreed-upon conditions, including the shipment, form and method of payments, custody, delivery of the asset, guarantee system, and additional provenance.


Why is it so important to implement an appropriate technological and legal architecture?
In practice, unless the physical asset is held in custody, it will be very difficult to track both the physical artwork and the digital NFT. For example, you could purchase an NFT online, but in the meantime, the owner of the physical asset may have sold it for cash without updating the digital record. It is fair to assume that without a trusted custodian for the physical asset, it is impossible to ensure that the physical art and the digital NFT remain synchronized.


Therefore, we have two options:
Place the physical asset in custody with a trusted custodian while the digital NFT is in operation, so the custodian commits to delivering the physical artwork to the NFT owner on agreed-upon terms.

Harness the full potential of blockchain technology and leave ownership of the NFT locked in a specific smart contract. It does not temporarily belong to a third party or the parties involved but remains securely in a waiting room until pre-agreed milestones are met, such as payment, transportation, insurance, delivery, etc.

For either form we understand, a particular way of safeguarding and ensuring physical delivery will be necessary since, as explained above, an automated or atomic swap sale is unfeasible.

Physical art, while benefiting from blockchain, requires customizable solutions. At TOKENIZART, we have implemented an independent escrow service system that ensures, through milestones, the delivery of the artwork, including attaching documentation and facilitating payments and deliveries as bilaterally agreed upon by the parties.

 

 

Why do physical NFT artworks add value over traditional physical artworks?Why would someone want to create a tokenized version of a real-world asset?

Some reasons:

Simple Trading
Tokenization, due to its traceability and the uniqueness it ensures, simplifies the process of selling or transferring artwork and the associated rights. It allows for transparent management, ensuring even the construction of fair and objective prices.

Availability
An NFT can be sold at any point and bought at any time. While a traditional artwork may change hands every few years or decades due to the need to inspect and transport the physical item, an NFT representing ownership of the physical artwork can change hands instantly multiple times in a day or hour with different owners worldwide.

Liquidity
When the sale of a traditional artwork is limited to auction house clients, anyone with a cryptocurrency wallet can buy or sell an NFT piece. This opens pieces to be traded by a much broader global group of buyers and sellers.

Logistics (or lack of logistics)
Transferring high-value physical assets is complicated; the process typically involves some or all of the following milestones: shipping, insurance, escrow for funds, a dispute resolution process. The transfer of an NFT, even for physical art, improves the sales dynamics even if not instantaneous.

Fraud Protection
Fraudulent copies of sold artworks are a significant issue with physical pieces. Once ownership of the artist’s private key is established (for example, the artist has publicly shared their public key through a reliable source), then the blockchain provenance of the NFT for the artwork becomes very difficult to undermine.

Collateralization
Supported by Tokenizart’s Escrow Service, you can use the artwork as collateral to secure any other type of transaction without the need to remove it from its current display location. You can secure various operations even without custody, taking advantage of secure, efficient, and cost-effective collateralization. You can implement it in minutes!!!, compared to the days or weeks of traditional systems.

Why choose TokenizArt? How does the certification system resolve?
TokenizArt utilizes blockchain technology for the certification of artworks.

How does NFT certification work?
When you use Tokenizart and mint an artwork, you are creating a certificate of ownership and authenticity for the underlying asset to ensure its traceability.

You can secure and verify its uniqueness, facilitate its exchange, and use it as collateral for guarantees.

You are tokenizing an asset or ASSET that can be digital or physical (digitizing an existing asset). In the art world, this will facilitate actions such as property transfer, verifications, certifications, appraisals, validation of provenance, etc.

We link all the information on-chain and off-chain. While blockchain is effective for securing short codes and data, it is not suitable for heavy files. That’s why we connect Blockchain to IPFS (InterPlanetary File System). IPFS is a decentralized file system that aims to ensure the security, privacy, and resistance to censorship of your data.

Let’s Recap Basic Concepts of the Platform.
We mentioned that an NFT (non-fungible token) is a unique encrypted digital file that includes ownership rights. It establishes an unbreakable link between the physical work and a single owner through a blockchain, i.e., a network of computer servers that validate and execute digital transactions.

An NFT on TokenizArt contains all information related to a work’s technical details: the work’s name, artist’s name, photos, size, style, technique, medium, etc.

The generation of the unique ID serves as a title of ownership and allows the incorporation of successive certifications, including a “certificate of authenticity,” replacing the physical certificate of authenticity.

A physical certificate of authenticity can only be identified by those who edited it or by experts, but there is always a cloud of doubt that unscrupulous certifiers may seal and attest to unverifiable acts.

With the advent of blockchain, we envision a paradigm shift from accepting the “apostilled certificate” simply because of “seeing a seal” to the “verifiable certificate.” Here, parties and third parties have tools to do their own research.

In contrast to traditional and obsolete certifications, in the NFTs created by TokenizArt’s Smart contracts, all links in the chain (artist, collector, gallery, public, expert, etc.) can verify the authenticity of this certificate on the blockchain and link it through subsequent actions on the blockchain, thus generating the much-desired “perpetual provenance” or lifetime, including links to physical actions and interactions with the work through the proprietary integration with the NFC chip.

Foundational Pillars:
The art market relies on three pillars to promote a work: rarity or scarcity (its uniqueness), its provenance, and its authenticity. With the comprehensive tools provided by TokenizArt, the source of information is entirely reliable and secure.

TokenizArt favors and simplifies self-regulation in the art market, promoting traceability, authenticity of works, and ensuring transactional immutability. It fully secures the ecosystem, promoting good practices and the inclusion of curators, experts, and other intermediaries who provide real value in their actions.

In a hyper-speculative world where NFTs are often seen as the transmissible “asset” itself, TokenizArt highlights the essence of the asset tokenization tool under the “ERC-721 standard” (Non-Fungible Token), ensuring the unequivocal digitization of unique objects and securing them on a blockchain.

The unique ID assigned represents the key that secures the associated underlying asset, where the real value resides. By way of analogy, when an NFT is transferred, not only are the keys to the vehicle transferred, but also ownership of the car. The NFT thus facilitates the transfer of the asset, its collateralization as security, etc.

 

So, what is transmitted when transferring an NFT?
First and foremost, for the sake of simplification and as a preliminary explanation, in TokenizArt, during the “Transfer” action, the actual ownership of the underlying asset is transferred, linked to the digital identity.

Of course, this entails more in-depth explanations from technological and legal perspectives, which we will break down and consolidate throughout the entire process that takes place within the “TokenizArt” platform. It is much more than a simple “minting on the blockchain.”

It involves a suitable and correct architecture from a technical, legal, and financial standpoint before addressing the technological aspects.

The architecture must be comprehensive to ensure the usability of the token doesn’t fail.

There is a fundamental point of study that I invite users, art enthusiasts, and technology enthusiasts to read and analyze in detail to understand the underlying fundamentals. (See the explanation of NFT layers as a lasagna (note 1).

Summary
In summary, there is considerable confusion and a speculative bubble surrounding NFTs regarding the determination of intrinsic value, often detached from the underlying asset. This situation grants exclusive value to works based on the virtuous act of “tokenizing or minting on the blockchain.”

So, tokenization undoubtedly enhances the interaction of the artwork between buyers and sellers by digitizing the transferable title. However, we consistently emphasize that the value does not lie in buying or acquiring the NFT (the Token ID running on the blockchain) but in the underlying asset associated with the certification of identity and ownership being acquired.

In other words, the asset being transferred, used as collateral, certified, and valued already had sentimental and/or market value independently of whether it was included in the blockchain.

At TokenizArt, we are committed to showcasing the value of blockchain but also highlighting the essence of NFTs, which is the standardization for designating unique objects.

We do not promote speculative bubbles, nor do we encourage or generate value from “zero.” Instead, we add value to those assets that already possessed it. Even in digital art, value does not emerge solely from its connection to an NFT; it reinforces and provides uniqueness and identity. The “magic” lies in how this standardization makes the concept of digital scarcity possible.

What advantages does this bring?
This allows for the dissociation of possession from ownership of an asset, providing numerous advantages to everyone involved in the art world. Among the many benefits, it’s worth mentioning that there is no need for third-party delivery and custody to guarantee pledges or collateral; this can easily be done through an Escrow Service (see explanation in TokenizArt FAQs/Escrow Service). Alternatively, an investor interested in acquiring a work for purely speculative purposes or as a store of value may choose to have custody or possession handled by museums or galleries.

The connection of art to the economic and financial world, like Lego pieces, had not been possible analogically until the emergence of these new disruptive technologies.

Thus, with these technologies, it is possible to create new service models with greater security and scalability for faster and lower-cost agreements. This brings greater fluidity, speed, and, above all, GREATER LIQUIDITY.

The digitization of real-world assets (REAL WORLD ASSET)
Our robust infrastructure makes it easy to:

  • Unlock the full value of physical assets as digital tokens, making illiquid assets more accessible and attractive to buyers.
  • If you are an intermediary, expert, curator, or validator, our tools allow you to improve your services by facilitating the management of digital assets using blockchain, enhancing your processes, and ensuring a verifiable track record.
  • You will be able to verify the transactions made.

 

TOKENIZART creates customizable solutions for physical art that were excluded from leveraging blockchain infrastructure. Among them, we can highlight:

THE USE OF ESCROW SERVICE FOR ASSET COLLATERALIZATION.

The Dapp (decentralized platform) operates on the Gnosis Chain, ensuring transparency, security, speed, and sustainability.

All transactions can be carried out without the need to understand concepts such as gas, fees, etc. As a user, you will not need funds to make transactions; all are subsidized by the platform.

Above all, it is important to emphasize that Tokenizart ensures its adaptation to any legal system and allows for the precise delineation of the rights involved in the works and those transmitted. Ensuring, as a guiding principle, the autonomy of the parties’ will and dynamic burden of proof.

YOUR PRIVACY: SUMMARY

Last Updated: November 3, 2023

Tokenizart.com (“Tokenizart,” “we,” or “us”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe our practices regarding Personal Data (as defined below) collected from users of our website (the “Site”) and online services (collectively, the “Service”).

  1. Questions; Contact Tokenizart; Reporting Violations: If you have any questions, concerns, or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations, please contact us at [email protected].

  2. User Consent: By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and expressly consent to the collection, use, and disclosure of your Personal Data in accordance with this Privacy Policy. For cryptocurrency transactions, we use third-party electronic wallet extensions; your interactions with us and/or any third-party electronic wallet extension are governed by applicable privacy policies.

  3. Note about Children: We do not intentionally collect Personal Data from visitors under 13 years of age. If a child under 13 submits Personal Data to Tokenizart, and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe we might have Personal Data from a child under 13, please contact us at the address provided in Section 1 above.

  4. Note for Users Outside the United States: If you are a Service user outside the U.S., by visiting the Service and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy. Also, your Personal Data may be processed in the country where it was collected and in other countries, including the United States, where laws on Personal Data processing may be less stringent than the laws of your country. By providing your data, you agree to such transfer.

  5. Types of Data We Collect: “Personal Data” refers to data that allows someone to identify or contact you, including, for example, your name, address, phone number, email address, as well as any other non-public information about you that is associated or linked to any of the foregoing data. “Anonymous Data” refers to data, including aggregated and anonymized data, that is not associated or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

    5.1. Information You Provide:

    5.1.1. We may collect Personal Data from you, such as your name and surname, email and mailing addresses, and Enigma password when you create an account to log in to our network (“Account”).

    5.1.2. If you use our Services on your mobile device, we may collect your phone number and unique device identifier.

    5.1.3. Our Service allows you to store preferences such as how your content is displayed, your location, secure search settings, notification settings, and favorite widgets. We may associate these preferences with your identification, browser, or mobile device, and you can edit these preferences at any time.

    5.1.4. When connecting to our Services through a service provider that uniquely identifies your mobile device, we may receive this identification and use it to provide extended services and/or functionality.

    5.1.5. Certain Services, such as two-factor authentication, may require us to collect your phone number. We may associate that phone number with the identification information of your mobile device.

    5.1.6. If you provide us with feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, to send you a response.

    5.1.7. We also collect other types of Personal Data that you provide voluntarily, such as your operating system and version, product registration number, address, and other information requested when you contact us by email regarding support for the Services.

    5.1.8. We may also collect Personal Data at other points in our service that state that Personal Data is being collected.

 

5.2 Information Collected through Technology:

As you browse and interact with our Service, we may use automatic data collection technologies to collect certain information about your computer, actions, and browsing patterns, including:

5.2.1 Information collected by our servers: To make our Service more useful to you, our servers (which may be hosted by an external service provider) collect information about you, including the type of browser, operating system, Internet Protocol (“IP”) address (a number automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, address, wallet type, and/or a date/time stamp for your visit.

5.2.2 Log files: As with most websites, we collect certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet Service Provider (“ISP”), referral/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Service, track users’ movements around the Service, gather demographic information about our user base as a whole, and tailor our Services to the needs of our users. For example, some of the information may be collected so that when you visit the Service again, it will recognize you and the information can be used to serve ads and other information appropriate to your interests.

5.2.3 Cookies: Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are visiting the website. We may use session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Service. This type of information is collected to make the Service more useful to you and to tailor the experience with us to meet your special interests and needs.

5.2.4 How we respond to Do Not Track signals: We currently do not respond to “do not track” signals or other mechanisms that may allow Users to opt-out of tracking on our site.

5.2.5 Analytical Services: In addition to tracking technologies we place, other companies may set their own cookies or similar tools when you visit our Service. This includes third-party analytics services, among others, Google Analytics (“Analytical Services”), which we engage to help analyze how users use the Service. We may receive reports based on the use of these tools by these companies on an individual or aggregated basis. We use the information we get from the Analytical Services only to improve our Service. The information generated by the Cookies or other technologies about your use of our Service (the “Analytical Information”) is transmitted to the Analytical Services. The Analytical Services use Analytical Information to compile reports on user activity. The Analytical Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytical Information on their behalf. Each Analytical Service’s ability to use and share Analytical Information is restricted by its Terms of Use and Privacy Policy. By using our Service, you consent to the processing of your data by Analytical Services in the manner and for the purposes set out above. For a full list of Analytical Services, please contact us at the address provided in paragraph (1).

5.3 Information Collected from Third-Party Companies: We may receive Personal Data and/or Anonymous Data about you from companies that provide our Services through a co-branded or private-labeled website or companies that offer their products and/or services on our Service. In particular, wallets provide us with your address and other information you choose to share with the wallets. These third-party companies may provide us with Personal Data. We may add this to the information we have already collected from you through our Service to improve it. We do not automatically collect Personal Data, but we may tie this information to Personal Data about you that we collect from other sources or you provide to us.

6. Use of Your Personal Data:

6.1 General Use: In general, the Personal Data you submit to us is used to respond to requests that you make or to aid us in providing you with a better service. We use your Personal Data in the following ways:

  • 6.1.1 Facilitate the creation and secure your Account on our network;
  • 6.1.2 Identify you as a user in our system;
  • 6.1.3 Provide better management of our Service;
  • 6.1.4 Provide the Services you request, including facilitating your cryptocurrency transactions through wallets;
  • 6.1.5 Improve the quality of the experience when you interact with our Service;
  • 6.1.6 Send you a welcome email to verify ownership of the provided email address when your Account is created;
  • 6.1.7 Protect you and other users from any conduct that violates the Terms of Use or to prevent abuse or harassment of any user;
  • 6.1.8 Display your username alongside digital assets you wish to sell on the website;
  • 6.1.9 Send you administrative emails, such as security or support and maintenance notices;
  • 6.1.10 Send you email notifications related to actions on the Service, including notifications of offers on your digital assets;
  • 6.1.11 Respond to your inquiries regarding job opportunities or other requests;
  • 6.1.12 Make phone calls to you, occasionally, as part of a secondary fraud protection or to solicit your feedback;
  • 6.1.13 In any other way, we may describe when you provide the Personal Data; and
  • 6.1.14 Send newsletters, surveys, offers, and other promotional materials related to our Services and for other Tokenizart marketing purposes.

6.2 Creation of Anonymous Data: We may create anonymous records from Personal Data by excluding information (such as your name) that makes the data personally identifiable. We reserve the right to use anonymous data for any purpose and to disclose anonymous data to third parties without restriction.

7. Disclosure of Your Personal Data: We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

  • 7.1 Third-Party Service Providers: We may share your Personal Data with third-party service providers to: provide you with the Services we offer through our Service; to conduct quality assurance testing; to facilitate account creation; to provide technical support; and/or to provide other services to Enigma.

  • 7.2 Affiliates: We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

  • 7.3 Corporate Restructuring: We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition, or dissolution transaction or proceeding involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

  • 7.4 As Required by Law: Regardless of the choices you make regarding your Personal Data (as described below), Enigma may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or respond to subpoenas or court orders served to Tokenizart; (c) to protect or defend the rights or property of Tokenizart or users of the Service; and/or (d) to investigate or help prevent any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

  • 7.5 Other Disclosures: We may also disclose your Personal Data, to fulfill the purpose for which you provide it; for any other purpose disclosed by us when you provide it; or with your consent. We do not sell your personal data.

8. Third-Party Websites: Our Service may contain links to third-party websites. When you click on any other website or location, you will leave our Service and go to another site, and another entity may collect Personal Data or Anonymous Data from you. You may also encounter markets powered by the Service on other websites. We do not have control over these external websites or their content, and we do not review them nor can we be responsible for them. Please note that the terms of this Privacy Policy do not apply to these external websites or content, nor to any collection of your Personal Data after clicking on links to such external websites. We recommend that you read the privacy policies of each website you visit. Links to third-party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products.

9. Your Choices Regarding Information: You have several choices regarding the use of information on our Services:

  • 9.1 Email Communications: Periodically, we will send you newsletters and free emails that directly promote the use of our Service. When you receive newsletters or promotional communications from us, you can indicate a preference to stop receiving further communications from us and will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive or by contacting us directly (see contact information in paragraph (1)). Despite your indicated email preferences, we may send you occasional service-related communications, including notices of updates to our Terms of Use or Privacy Policy.

  • 9.2 Cookies: If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from websites you visit. Consult your browser’s technical information. However, if you do not accept Cookies, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the address provided in paragraph (1).

10. Access and Data Control: You can view, access, edit, or delete your personal data for many aspects of the Service through your account settings page. You can also make choices about the use of your data by Tokenizart. You can always choose whether you want to receive our marketing communications. You can also opt-out of receiving our marketing communications by using the opt-out link in the communication or by visiting your account settings page. We may retain an archived copy of your records as required by law or for legitimate business purposes.

  • 10.1 Data Access: You can access your personal data on your account settings page.

  • 10.2 Data Portability: You can request a copy of your personal data by contacting us here and including “Please send me my personal data” in the subject line. Enigma will verify your ability to access that email and then send you a digital export of the data we have associated with your email address. We will make all reasonable efforts to respond to your request within 7 days but in all cases within 28 days of receiving the request.

  • 10.3 Data Deletion: You can delete your personal data on your account settings page. Alternatively, you can request Enigma to delete your personal data by contacting us here and including “Delete my personal data” in the subject line. Tokenizart will verify your ability to access that email and then delete the Personal Data associated with your email address. We will make all reasonable efforts to respond to your request within 7 days but in all cases within 28 days of receiving the request.

  • 10.4 Data Correction: You can modify your personal data on your account settings page.

11. Data Retention: We may retain your personal information as long as you continue to use the Service, have an account with us, or for as long as necessary to fulfill the purposes outlined in this Policy. You can request the closure of your account by contacting us as described above, and we will delete your Personal Data upon request. However, we may retain Personal Data for an additional period as permitted or required by applicable laws, for legal, tax, or regulatory reasons, or for legitimate and lawful business purposes.

12. Data Protection: We implement various security measures to ensure the security of your Personal Data when you enter, submit, or access your Personal Data. All confidential information supplied is transmitted through secure technology.

13. Changes to this Privacy Policy: This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy on our website. The date of the last revision of the Privacy Policy is identified at the beginning of this Privacy Policy. You are responsible for ensuring that we have an active and up-to-date email address for you, and for periodically visiting our Service and this Privacy Policy to check for any changes.

 

Last updated: February 11, 2025.

TERMS OF USE

Please read these Terms of Service (this “Agreement”) carefully. Your use of or access to the Site or Smart Contracts (as defined below) constitutes your consent to this Agreement.

This Agreement is between you (the “User” and collectively with others who use the Site – “Users”) and TokenizArt, owned by TOKENIZART GROUP LLC. a company registered under the laws of the State of Delaware, on April 4, 2023, file Number 7388062 (“TokenizArt” or “we,” “our” or “us” and together with you, the “Parties”) in connection with your use of (including any access to) the tokenizArt websites, currently located at tokenizart.com, mobile applications, web applications, decentralized applications, smart contracts, and APIs located at any of the TokenizArt websites (together with any materials and services available thereon, and any successor websites or applications, the “Site”). This Agreement incorporates by this reference any additional terms and conditions regarding the Site posted by TokenizArt on the Site, or otherwise made available to you by TokenizArt.

By clicking or tapping any button or box marked “accept” or “agree” (or similar term) in connection with this Agreement, or by accessing or using the Application (defined below as the Site and Smart Contracts), you agree to be bound by this Agreement, a current version of which is available on the Site, and which may be modified from time to time in our sole discretion in accordance with the terms set forth below.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APP, SMART CONTRACTS, OR THE SITE. THESE TERMS GOVERN YOUR USE OF THE APP, SMART CONTRACTS, AND THE SITE UNLESS WE HAVE EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU FOR THAT PURPOSE. WE ARE ONLY WILLING TO MAKE THE APP, SMART CONTRACTS, AND THE SITE AVAILABLE IF YOU AGREE TO ALL OF THESE TERMS. BY USING THE APPLICATION, SMART CONTRACTS, THE SITE, OR ANY PORTION THEREOF, OR BY CLICKING “I AGREE” BELOW OR INDICATING YOUR ACCEPTANCE IN AN ATTACHED BOX, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON BEHALF OF THAT ENTITY, IN THE EVENT THAT “YOU” REPRESENT THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN WE ARE NOT WILLING TO MAKE THE APPLICATION, SMART CONTRACTS OR THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APPLICATION, SMART CONTRACTS OR THE SITE. ALL ACCOMPANYING OR ATTACHED MATERIALS, INFORMATION PROVIDED AND OWNERSHIP CLAIMED ARE YOUR SOLE RESPONSIBILITY AND ARE A SWORN STATEMENT. YOUR WALLET SIGNATURE IS CONSIDERED AN ELECTRONIC OR DIGITAL SIGNATURE OF THE SAME VALUE AS YOUR HANDWRITING. BY CONFIRMING EACH ACTION: 1) MINT, 2) TRANSFER, 3) CERTIFY AS WELL AS ADDING NFC CHIPS, YOU ARE RESPONSIBLE AND KNOW THE SCOPE OF EACH ACT.

 

TOKENIZART ARTICLES

TokenizArt (“TokenizArt”) is a distributed application that runs on the GNOSIS CHAIN ​​network, FORMERLY XDai, using specially developed smart contracts (each, a “Smart Contract”) to allow users to create unique NFTs, which can then be displayed on a website that the user can interact with the Site. The Smart Contracts and the Site are collectively referred to in these Terms as the “Application”. With the Application, users can create markets at their own risk, create digital objects within the markets and sell, buy, transfer and exchange with other users of the Application doing it P2P, the platform does not have a Marketplace with values ​​​​tradable in atomic swaps. The values ​​​​are only referential. By tokenizing (Minting) an NFT on the platform you are linking and associating the underlying asset (be it physical or digital) to the DIGITAL ASSET represented in the unique and unrepeatable ID. You are generating a title of ownership over the underlying asset, with all the obligations and rights that this entails. When selling or transferring it to another wallet, it also does so based on the ownership of the associated underlying asset, or the right involved that exists. The principles of autonomy of the parties’ will and the dynamic burden of proof govern. TokenizArt is not a certifying or validating agent, nor does it carry out expert reports or recommendations, it does not intervene in the sale, being simply a set of technological tools for the parties to make the most of blockchain technology, even for physical goods.

Without prejudice to this and in order to ensure the correlation of the transactional act, we recommend that TRANSFERS be accompanied by documents that support the sale of the asset (either through a CERTIFY) or through the implementation of an Escrow Service contract with supporting documentation and annexed clauses.

TokenizArt enables the synergistic link between On-chain and Off-chain information. Supporting documentation is hosted on IPFS. Not being part of this decentralized technology, we simply allow its access and use under the exclusive risk of loss of user documentation.

You affirm that you are aware and acknowledge that Tokenizart is a non-custodial software service provider that has developed this distributed and decentralized environment where Users can autonomously and directly access the Application without the involvement or actions taken by TokenizArt or any third party.

 

CREATION

Tokenizart is an open platform for the Tokenization of digital assets (NFT), intended to promote traceability, real-time verification, authenticity and transparency in the art world, whether physical or digital. Providing customizable tools to the needs of the work, artists, owners and intermediaries or interlocutors in the ecosystem. Favoring the integrity and decentralization of obsolete authenticity systems. Thus facilitating the creation of unique IDs that are minted (MINT), allowing their successive transfers and the incorporation of data, certifications, valuations, and history of the life of the work, among them, enabling its sale. In which the platform never participates. Favoring exchanges between P2P parties, whether they are onerous or free. The Minting or creation of digital items is carried out under the concept of a single edition (“Tokenizart Items”), it is a STANDARDIZED ERC 721, not being possible to create editions greater than one (1) object per work. These elements include, but are not limited to, physical or digital artwork, animations, audio, photographs, or other original content.

The smart contract on which the created IDs are based and the only one recognized by the platform that can perform MINT, CERTIFY, TRANSFER actions is the following: 0x9F78e7a5a9adFb097CF36Ab0c2D86aeE011Ab81e, verifiable at: https://gnosisscan.io/token/0x9F78e7a5a9adFb097CF36Ab0c2D86aeE011Ab81e

The TokenizArt platform allows users to create Assets (digitized assets based on underlying physical or digital goods), collections of unique cryptographic digital items based on blockchain, add supporting documentation, and request new shares from users. Transfer is allowed at your own risk. Items (IDs) can be transferred between users.

Marketplace creators or galleries can apply to be part of our network. We do not offer any guarantee that they will be accepted. We do not recommend using them in Marketplaces outside the platform, although since it is decentralized, they can do so at their own risk. TokenizArt is not a platform that promotes speculative exchange, but rather encourages the use of blockchain for the traceability it provides to the pieces.

When a person purchases or transfers a TokenizArt ID, the GNOSIS CHAIN ​​(formerly XDAI Chain) token representing it is automatically transferred to the address on the blockchain explorer (on the XDAI Chain) of the purchasing person, verifiable at:

https://gnosisscan.io/token/0x9F78e7a5a9adFb097CF36Ab0c2D86aeE011Ab81e

The TokenizArt token is identified by contract: 0x9F78e7a5a9adFb097CF36Ab0c2D86aeE011Ab81e (gnosis chain network)

No other token will be representative of the platform, so we suggest and instruct users to verify the origin and platform to be used. TokenizArt is not responsible for linking errors.

 

PROPERTY

Owning an ID, a minted item on the TOKENIZART PLATFORM is analogous to owning a physical collectible, such as an object, an original painting or print. This is under the conditions stipulated by the OWNER or original creator. Therefore, they must evaluate not only the ownership, but also the documentation and all the CERTIFY associated with the ID.

Ownership does not include intellectual property rights such as copyright claims, ability to commercially produce and create merchandise from them, etc.

Intellectual property remains the property of the creator

TokenizArt makes every effort to ensure that all Tokenized or Minted items on the platform are made by their original creator, their owner, or as an unofficial manager or mandate of the owner; but we are not responsible if someone breaks our terms and creates items of which they are not the original creator.

 

THE APPLICATION

In order to use the application more easily, TokenizArt has developed simplified wallets, under the concept of SMART WALLETS, using ETHERSPOT as the technology provider. Users can use these wallets that we provide, “under their own exclusive responsibility”, which simplify the user experience. We do not include any assets other than the ERC 721 (unique IDs that identify your works of art or unique collectible objects). Users must create custody of their public and private keys, and it is their own risk to lose them, which will result in the loss of the included assets. In case of loss, they must contact us via email at [email protected] and report the WARNING. In this case, TokenizArt will generate a RED FLAG on the created IDs, trying to reduce the damage and risk to the OWNER and to subsequent acquirers. After a reasonable period of time and the communications to participants that are stipulated as necessary, they will be able to tokenize the underlying asset, under another ID, being an unavoidable requirement, the identification in a CERTIFY, of the RED FLAG action, and the inoperability of the previous ID.

The app will only recognize you as a user and you will only be able to interact with the app if your EVM wallet is connected and unlocked through your account. Assets transferred to external wallets are the sole responsibility of the user. There is no other way to register as a user or interact directly with the app.

  1. Transactions taking place on the App are managed and confirmed through the GNOSIS CHAIN ​​blockchain, formerly XDAI CHAIN. You understand that your public address on said network will be made publicly visible whenever you participate in a transaction on the App.
  2. We do not own or control MetaMask, Coinbase, Google Chrome, the Ethereum network, GNOSIS CHAIN ​​formerly XDAI CHAIN, or any other third-party sites, products, or services that you may access, visit, or use in order to enable you to use the various features of the App. We will not be liable for the acts or omissions of any such third parties, nor will we be responsible for any damages you may suffer as a result of your transactions or any other interactions with such third parties.
  3. You must provide accurate and complete registration information when you create an account for the App. By creating an account, you agree to provide accurate, current, and complete account information about yourself, and to maintain and promptly update, as necessary, your account information. You are responsible for the security of your account and your wallet. If you become aware of any unauthorized use of your password or your account with us, you agree to notify us immediately at [email protected] . LOSS OF YOUR KEYS IS YOUR SOLE RESPONSIBILITY.

 

CONTRACT MODIFICATION AND TRANSFER

This Agreement may be modified or replaced at our discretion at any time unless otherwise stated herein. The most current version of this Agreement will be posted on the Site with the “Last Revised” date at the top of the modified Agreement. Any changes or modifications will be effective immediately upon posting of the revisions on the Site. You shall be responsible for reviewing and familiarizing yourself with any such modifications. Neither party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, provided that TokenizArt may assign this Agreement without your prior consent to any business associated with the services provided by TokenizArt. This Agreement will be binding on each party’s permitted assignees or transferees.

 

RATES AND PAYMENT

If you choose to purchase, trade, or create art on the App, or with other users through the App, any transactions you engage in will be conducted solely through the GNOSIS CHAIN ​​(formerly XDAI CHAIN) network. We will have no knowledge or control over these payments or transactions, nor will we have the ability to reverse any transaction. With this in mind, we will have no liability to you or any third party for any claims or damages that may arise as a result of any transaction you engage in through the App, or using the Smart Contracts, or any other transaction you make through the network. The only transferable asset from the platform is the ID you have tokenized.

1. Blockchain networks require the payment of a transaction fee (a “Gas Fee”) for each transaction that takes place on the network. All users who acquire vouchers have the transactional cost of MINT and CERTIFY included. The gas fee is funded and subsidized by the platform through the abstraction account. This means that you will not have to pay a gas fee for each transaction that takes place through the application. In this application, as long as the token and its ID remain on the GNOSIS CHAIN- XDAI CHAIN, the TokenizArt platform will subsidize all transactions of the native token in the MINT, TRANSFER and CERTIFY functions, in all their variants. This is not the case for escrow services, which must be paid for by the parties involved. Neither will gas fees or other tokens be paid for by the platform.

2. You will be solely responsible for paying any and all sales, use, value-added and other taxes, duties and assessments (except taxes on our net income) now or in the future claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the Application (including, without limitation, any Taxes that may be payable as a result of your ownership, transfer or creation of any artwork). Except for income taxes levied by TokenizArt, you will: (i) pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value-added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts collected therefrom based on charges imposed, services performed or payments made hereunder, as they are now or in the future may be imposed under the authority of any national, state, local or other taxing jurisdiction; and (ii) you will not be entitled to deduct the amount of any such taxes, duties or assessments from any payments made to us under these Terms.

 

Property – Restrictions

Buying items (DIGITAL ASSETS-) Gallery is the platform to interact, track, as well as transfer a collectible item or buy a painting or print from an artist between parties. TokenizArt is not a Marketplace. It is a tool that brings together the parties, who can even choose their escrow agent to carry out the operations. TokenizArt is NEVER PARTY to a transaction.

The copyright of the Creator/Artist is not transferred to the Collector, unless otherwise stipulated by the user, for which we recommend using “CERTIFY”, an extension of the stipulated rights.

TokenizArt allows to precisely delimit the copyright involved in unique works and objects and allows to verify transferable rights. As a presumption, OWNERS tokenize their own works and when transferring, so does the ownership right, unless they expressly stipulate otherwise.

The Collector receives true ownership, meaning he or she acquires the right to display and resell the digital item to another collector if he or she so desires.

But the Creator/Artist does not waive the copyright, which means that the Collector cannot prevent the Creator/Artist from using it for further commercial works, and the Collector has no right to use it for commercial purposes.

You acknowledge and agree that we (or, as applicable, our licensors) own all legal right, title and interest in and to all elements of the Application.

The graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data and all other elements of the Application (collectively, the “TokenizArt Materials”) are the property of TokenizArt and are protected by copyright, trade dress, patent and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All TokenizArt Materials are the copyrighted property of TokenizArt or its licensors, and all trademarks, service marks and trade names contained in the TokenizArt Materials are the property of TokenizArt or its licensors. Except as expressly set forth herein, your use of the Application does not grant you ownership or any other rights with respect to any content, code, data or other materials you may access on or through the Application.

For the sake of clarity, you understand and agree: (i) that your purchase of a digital item is like purchasing an original print or painting from an artist. It is yours to keep and enjoy, but does not grant you any rights or licenses in or to the artwork (including, without limitation, any copyright in the artwork and any drawings associated with it) other than as expressly contained in these Terms; and (ii) that you have no right to reproduce, distribute, or otherwise commercialize any element of the artwork (including, without limitation, the creator’s copyright in the artwork and any drawings associated with it) in any way without the creator’s prior written consent in each case, which consent the creator may have in its sole and absolute discretion.

  1. You may choose to submit feedback, bug reports, ideas, or other comments about the Application, including, but not limited to, how to improve the Application (collectively, “Feedback”). By submitting your Feedback, you agree that we are free to use it at our discretion and without additional compensation to you, and to disclose it to third parties (whether on a non-confidential or otherwise basis). You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license with all necessary rights for us to incorporate and use your Feedback for any purpose.
  2. You agree that you are responsible for your own conduct in accessing or using the Application, and for any consequences thereof. You agree to use the Application only for legal, proper purposes and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, you may not, and may not allow any third party to: (i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, obscene or otherwise objectionable content; (ii) engage in any unlawful activity that would violate, or assist in the violation of, any law, statute, ordinance or regulation, sanctions program administered in any relevant country, including but not limited to the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), or that would involve the proceeds of any unlawful activity; (iii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes or any other items of a destructive or deceptive nature; (iv) impersonate another person (by using an email address or otherwise); (v) upload, post, transmit or otherwise make available through the Application any content that infringes any party’s intellectual property rights; (vi) operate to defraud TokenizArt, other users, or any other person or provide false, inaccurate, or misleading information; (vii) use the Application to violate the legal rights (such as rights of privacy and publicity) of others; (viii) engage in, promote, or encourage illegal activities (including, but not limited to, terrorism, tax evasion, or money laundering); (ix) interfere with another person’s or entity’s access to or use of the Application; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights or privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote or encourage hatred, racial intolerance or violent acts against others; harvest or collect information from the Application about others, including but not limited to email addresses, without proper consent; (x) exploit the Application for any unauthorized commercial purpose; (xi) modify, adapt, translate or reverse engineer any portion of the Application; (xii) remove any copyright, trademark or other proprietary rights notices contained in the Application or any portion thereof; (xiii) reformat or frame any portion of the Application; (xiv) display any content on the Application that contains violent or hate-related content or that contains any other materials, products or services that violate or encourage conduct that would violate any criminal law,any other applicable law or any third party rights; (xv) use any robot, spider, site search/retrieval application or other device to retrieve or index any portion of the Application or the content posted on the Application, or to collect information about its users for any unauthorized purpose; (xvi) create user accounts by automated means or under false or fraudulent pretenses; or (xvii) access or use the Application for the purpose of creating a product or service that is competitive with any of our products or services. or other device to retrieve or index any portion of the Application or the content posted on the Application, or to collect information about its users for any unauthorized purpose; (xvi) create user accounts by automated means or under false or fraudulent pretenses; or (xvii) access or use the Application for the purpose of creating a product or service that is competitive with any of our products or services. or other device to retrieve or index any portion of the Application or the content posted on the Application, or to collect information about its users for any unauthorized purpose; (xvi) create user accounts by automated means or under false or fraudulent pretenses; or (xvii) access or use the Application for the purpose of creating a product or service that is competitive with any of our products or services.or to collect information about its users for any unauthorized purpose; (xvi) create user accounts by automated means or under false or fraudulent pretenses; or (xvii) access or use the Application for the purpose of creating a product or service that is competitive with any of our products or services.or to collect information about its users for any unauthorized purpose; (xvi) create user accounts by automated means or under false or fraudulent pretenses; or (xvii) access or use the Application for the purpose of creating a product or service that is competitive with any of our products or services.

 

TERMINATION

You may terminate these Terms at any time by closing your account on the Application and ceasing to access and use the Application. You will not receive any refund if you cancel your account or otherwise terminate these Terms. You agree that we, in our sole discretion and for any or no reason, may terminate these Terms and suspend and/or cancel your account(s) on the Application. You agree that any suspension or termination of your access to the Application may be effected without prior notice, and that we will not be liable to you or any third party for any such suspension or termination.

If we terminate these Terms or suspend or terminate your access to or use of the Application due to a breach of these Terms or for any suspected fraudulent, abusive or illegal activity, then termination of these Terms will be in addition to any other legal or equitable remedies we may have.

 

RESIGNATIONS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR OWN RISK, AND THAT THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR SUBSIDIARIES, AFFILIATES AND LICENSORS MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES WITH RESPECT TO THE APPLICATION AND ANY PART OF THE APPLICATION (INCLUDING, WITHOUT LIMITATION, THE SITE OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE, OUR SUBSIDIARIES, AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT THAT: (I) YOUR ACCESS TO OR USE OF THE APPLICATION WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) USAGE DATA PROVIDED THROUGH THE APPLICATION WILL BE ACCURATE, (IV) THE APPLICATION OR ANY CONTENT, SERVICES OR FEATURES AVAILABLE ON OR THROUGH THE APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THAT ANY DATA YOU DISCLOSE WHEN USING THE APPLICATION WILL BE CORRECT, ERROR-FREE, OR NON-INFRINGEMENTAL. USE THE APPLICATION WILL BE SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. OR THE FEATURES AVAILABLE ON OR THROUGH THE APPLICATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ANY DATA YOU DISCLOSE WHEN USING THE APPLICATION WILL BE SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE VIA THE INTERNET, AND AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY BREACH OF SECURITY UNLESS DUE TO OUR GROSS NEGLIGENCE.

WE WILL NOT BE LIABLE OR RESPONSIBLE TO YOU FOR ANY LOSS YOU MAY INCUR AS A RESULT OF YOUR USE OF THE NETWORK OR THE E-WALLET, INCLUDING ANY LOSS, DAMAGE OR CLAIM ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN PASSWORDS OR IMPROPERLY CONSTRUCTED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR LOSS OF DATA; (C) DAMAGED WALLET FILES; (D) UNAUTHORIZED ACCESS OR THIRD PARTY ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE APPLICATION, THE NETWORK, THE ELECTRONIC WALLET.

  1. TOKENIZART ITEMS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST SOLELY BY VIRTUE OF THE OWNERSHIP REGISTRY MAINTAINED ON THE GNOSIS CHAIN ​​NETWORK (FORMERLY XDAI CHAIN). ALL SMART CONTRACTS ARE CONDUCTED AND PERFORMED ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE HAVE NO CONTROL OVER AND MAKE NO WARRANTIES OR PROMISES REGARDING SMART CONTRACTS.
  2. TOKENIZART IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAIN ​​OR ANY OTHER FEATURE OF THE NETWORK OR THE E-WALLET OR ANY COMPATIBLE BROWSER OR WALLET, OR FOR ANY PROBLEMS WITH THE BLOCKCHAIN ​​THAT SUPPORTS THE NETWORK, INCLUDING TECHNICAL NODE PROBLEMS OR ANY OTHER PROBLEMS RESULTING IN LOSSES OF FUNDS.

 

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE APPLICATION MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT YOU MAY INCUR, HOWEVER CAUSED AND OF YOUR LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. DAMAGES.

YOU AGREE THAT OUR TOTAL AND AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE APPLICATION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO US UNDER THESE TERMS IN THE 12-MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.

YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE APPLICATION AVAILABLE TO YOU AND ARE COMPLYING WITH THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND THE BASIS OF THE BARGAIN BETWEEN US. WE CANNOT PROVIDE THE APPLICATION TO YOU WITHOUT THESE LIMITATIONS.

 

ASSUMPTION OF RISK

Accept and acknowledge each of the following:

  1. We cannot guarantee that buyers of TokenizArt items will not lose money, however, the prices listed are merely indicative, there being no atomic swaps on the platform or Marketplace in the strict sense. You also acknowledge that the cost of carrying out transactions on such technologies is variable and may increase at any time and cause an impact on any activity taking place on the GNOSIS CHAIN ​​blockchain. You acknowledge these risks and declare that TokenizArt is not responsible for such fluctuations or increased costs.
  2. You are solely responsible for determining what taxes, if any, apply to your transactions related to TokenizArt. TokenizArt is not responsible for determining the taxes that apply to your transactions on the Application, depending on the country to which you belong or where you sell the works, you must manage and take charge of them, and TokenizArt is not an obliged subject or withholding agent.
  3. The app does not store, send, or receive TokenizArt items. This is because TokenizArt items exist only by virtue of the ownership record maintained on the app’s supporting blockchain on the GNOSIS CHAIN ​​network. Any transfer of TokenizArt items occurs within the supporting blockchain on the GNOSIS CHAIN ​​network, and not in the app.
  4. There are risks associated with using an Internet-based currency, IPFS, including but not limited to the risk of hardware, software and Internet connections, the risk of introduction of malicious software and the risk that third parties may gain unauthorized access to information stored in your wallet. You agree and acknowledge that TOKENIZART will not be liable for any communication failures, interruptions, errors, distortions or delays you may experience when using the network, regardless of the cause.
  5. Lack of public interest or use in the creation and development of distributed ecosystems could negatively impact the development of the ecosystem and therefore the potential utility or value of the elements.
  6. The Application, XDAI (the native asset of the Gnosischain network) and the Digital Assets could be affected by one or more regulatory inquiries or regulatory actions, which could prevent or limit TOKENIZART’s ability to continue to develop, or which could prevent or limit your ability to access or use the Application or the GNOSIS CHAIN ​​blockchain, including access to your digital assets or other funds, and new regulations or policies may materially and adversely affect the development of the TOKENIZART ecosystem and therefore the potential utility or value of the platform.
  7. Ethereum upgrades to the GNOSISCHAIN ​​platform, a hard fork on the platform, or a change in the way transactions are confirmed on the GNOSIS CHAIN ​​platform may have unintended adverse effects on all blockchains using the ERC-20 or ERC-721 standards, including the TokenizArt ecosystem.
  8. You acknowledge and understand that cryptography is a developing field. Advances in code-breaking or technical advancements such as the development of quantum computers may present risks to cryptocurrencies, digital assets, and the application, which could result in the theft or loss of your digital assets or TokenizArt items. To the extent possible, we intend to update the protocol underlying the application to take into account advances in cryptography and incorporate additional security measures, but we do not guarantee or represent that the system is completely secure. By using the application, you acknowledge these inherent risks.
  9. You acknowledge that the Application is subject to errors and acknowledge that you are solely responsible for evaluating any code provided by the Application. This warning and others provided in this Agreement by TokenizArt in no way evidence or represent a continuing duty to alert you to all potential risks of using or accessing the Application.
  10. Any use of or interaction with the Application requires a comprehensive understanding of applied cryptography and computer science in order to appreciate the inherent risks, including those listed above. You represent and warrant that you possess relevant knowledge and skills. Any reference to a type of digital asset on the Application does not indicate our approval or disapproval of the underlying technology with respect to such type of digital asset, and should not be used as a substitute for your own understanding of the risks specific to each type of digital asset. We make no warranty as to the suitability of any digital assets referenced on the Application and we do not assume any fiduciary duty in our dealings with you.
  11. Using the Application, in particular to create, buy or sell trading digital assets, may involve financial risk. Digital assets are by their nature highly experimental, risky, volatile and transactions entered into through the Application are irreversible, final and there are no refunds. You acknowledge and agree that you access and use the Application at your own risk. The risk of loss in trading digital assets can be substantial. You should therefore carefully consider whether such creation, purchase or sale of digital assets is suitable for you in light of your circumstances and financial resources. By using the Application, you represent that you have been, are and will be solely responsible for making your own independent assessment and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own assessment of the merits and risks of any transaction entered into through the Application or any underlying digital assets. You accept all consequences of using the Application, including the risk of losing access to your digital assets indefinitely. All decisions regarding transactions are made solely by you. Without prejudice to anything contained in this Agreement, we do not accept any liability and shall in no event be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship involving the provision or tender of investment advice. You hereby agree to use your professional advice and expertise to make your own assessment of the merits and risks of any transaction entered into through the Application or any underlying digital asset. You accept all consequences of using the Application, including the risk of losing access to your digital assets indefinitely. All transaction decisions are made solely by you. Without prejudice to anything contained in this Agreement, we do not accept any liability and shall in no event be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship involving the provision or tender of investment advice. You hereby agree to use your professional advice and expertise to make your own assessment of the merits and risks of any transaction entered into through the Application or any underlying digital asset. You accept all consequences of using the Application, including the risk of losing access to your digital assets indefinitely.All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no liability and shall in no event be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or part of the Application be deemed to create a relationship involving the provision or tendering of investment advice. You accept all consequences of using the Application, including the risk of losing access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no liability and shall in no event be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or part of the Application be deemed to create a relationship involving the provision or tendering of investment advice. You accept all consequences of using the Application, including the risk of losing access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything contained in this Agreement, we do not accept any liability and shall in no event be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship which includes the provision or tendering of investment advice. We do not accept any liability and shall in no circumstances be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship which includes the provision or tendering of investment advice. We do not accept any liability and shall in no circumstances be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship which includes the provision or tendering of investment advice.You accept all consequences of using the Application, including the risk of losing access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no liability and shall in no event be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or part of the Application be deemed to create a relationship involving the provision or tendering of investment advice. You accept all consequences of using the Application, including the risk of losing access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no liability and shall in no event be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or part of the Application be deemed to create a relationship involving the provision or tendering of investment advice. We accept no liability and shall in no circumstances be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship that includes the provision or tender of investment advice. We accept no liability and shall under no circumstances be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship that includes the provision or tender of investment advice.You accept all consequences of using the Application, including the risk of losing access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no liability and shall in no event be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or part of the Application be deemed to create a relationship involving the provision or tendering of investment advice. You accept all consequences of using the Application, including the risk of losing access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no liability and shall in no event be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or part of the Application be deemed to create a relationship involving the provision or tendering of investment advice. We accept no liability and shall in no circumstances be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship that includes the provision or tender of investment advice. We accept no liability and shall under no circumstances be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship that includes the provision or tender of investment advice.We do not accept any liability and shall not in any circumstances be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship which includes the provision or tendering of investment advice. We do not accept any liability and shall not in any circumstances be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship which includes the provision or tendering of investment advice. We do not accept any liability and shall not in any circumstances be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship which includes the provision or tendering of investment advice.We do not accept any liability and shall not in any circumstances be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship which includes the provision or tendering of investment advice. We do not accept any liability and shall not in any circumstances be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship which includes the provision or tendering of investment advice. We do not accept any liability and shall not in any circumstances be liable to you in connection with your use of the Application to transact digital assets. Under no circumstances shall the operation of all or any part of the Application be deemed to create a relationship which includes the provision or tendering of investment advice.
  12. You are aware of and accept the risk of operational challenges. The Application may experience sophisticated cyber-attacks, unexpected increases in activity, or other operational or technical difficulties that may cause interruptions or delays in the Application. You agree to accept the risk that the Application may fail as a result of unforeseen or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us liable for any related losses. We assume no liability, whatsoever, for any damage or interruption caused by viruses that may affect your computer or other equipment, or any phishing, spoofing, or other type of attack. We recommend regular use of reputable and readily available virus detection and prevention software. We do not guarantee that the Application is or will remain up-to-date, complete, correct, or secure, or that access to the Application will be uninterrupted. The Application may include inaccuracies, errors, and materials that violate or conflict with this Agreement. In addition, third parties may make unauthorized alterations to the Application or the software underlying the Application. Accordingly, you should verify all information on the Application before relying on it, and all decisions based on information contained on the Application are your sole responsibility and we shall have no liability for such decisions.

 

COMPENSATION

You agree to indemnify, defend and hold harmless TokenizArt and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claims, liabilities, losses, damages (actual and consequential) of any kind or nature, suits, judgments, litigation costs and attorneys’ fees arising out of or in any way related to (i) your breach of these Terms, (ii) your misuse of the Application, (iii) your violation of any applicable laws, rules, regulations or the rights of third parties and (iv) any of your acts or omissions involving publicity rights, defamation or invasion of privacy in connection with your access to or use of the Application. TokenizArt reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case,

External sites

The Application may include hyperlinks to other websites or resources (collectively, “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites and that we do not endorse any advertising, products or other materials on or available from any External Sites. You further acknowledge and agree that we are not responsible for any loss or damage which may occur as a result of the availability or unavailability of External Sites, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on or available from any External Sites.

 

CHANGES IN TERMS

We may make changes to the Terms from time to time. When we make changes, we will make the updated Terms available on the App and update the “Last Updated” date at the beginning of these Terms accordingly. Please check these Terms periodically for changes. Any changes to the Terms will apply on the date they are made, and your continued access or use of the App after the Terms have been updated will constitute your binding acceptance of the updates. If you do not agree to the revised Terms, you may not access or use the App.

 

CHILDREN

You affirm that you are over the age of 13, as the App is not intended for children under the age of 13. IF YOU ARE 13 YEARS OF AGE OR OLDER BUT UNDER THE AGE OF 18 OR THE AGE OF LEGAL MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION IS THE AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN TO ENSURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AND AGREE TO THE TERMS FOR THE BENEFIT OF A CHILD OVER THE AGE OF 13, THEN YOU AGREE AND ACCEPT FULL RESPONSIBILITY FOR THE CHILD’S USE OF THE APPLICATION, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

 

PRIVACY POLICY

Our Privacy Policy [ privacy policy ] describes the ways in which we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage and disclosure of your data in accordance with our Privacy Policy.

 

DISPUTE RESOLUTION – ARBITRATION

Informal negotiations

You and TokenizArt agree that you will notify each other in writing of any dispute, controversy, or claim relating to this Agreement (“Dispute”) within thirty (30) days after it arises so that the parties may attempt, in good faith, to resolve the dispute informally. Notice to TokenizArt will be provided by sending an email to [email protected] .

Your notice must include: (1) your name, mailing address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific relief you seek. If you and TokenizArt cannot agree on how to resolve the Dispute within thirty (30) days after TokenizArt’s receipt of the notice, you or TokenizArt may, as appropriate, pursuant to this Section 15, commence an arbitration proceeding or file a claim in court. You and TokenizArt agree that any arbitration or claim must be commenced or filed within one (1) year after the Dispute arose; otherwise, you and TokenizArt agree that the claim is permanently barred (meaning that you will no longer have the right to assert a claim with respect to the Dispute).

You and TokenizArt agree that: (a) any arbitration will occur in New York County, New York; (b) the arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”); and (c) the state or federal courts in New York will have exclusive jurisdiction over the enforcement of an arbitration award and over any Dispute between the parties that is not subject to arbitration. You may also litigate a Dispute in small claims court located in the county where you reside if the Dispute qualifies to be heard in small claims court.

 

Binding arbitration at the option of either party

If you and TokenizArt are unable to resolve a Dispute through informal negotiations, you or TokenizArt may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by confidential binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website. The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and will be determined by a court of proper jurisdiction rather than by an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If the arbitrator determines that such costs are excessive, TokenizArt will pay all arbitration fees and expenses. The arbitration may be conducted, at the claimant’s option, either in person or by video conference. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged within a reasonable period of time (not to exceed 30 days) if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and TokenizArt may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Judgment upon any award rendered by the arbitrator(s) may be entered and enforcement thereof obtained in any court having jurisdiction. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be kept permanently except as necessary to obtain judicial confirmation of the arbitration award. Each party shall have the right to participate by video conference in order to minimize the burden of travel and expenses.

 

Restrictions / No collective actions

You and TokenizArt agree that any arbitration will be limited to the dispute between TokenizArt and you individually. To the fullest extent permitted by law, (1) no arbitration will be joined with any other; (2) no Dispute between you and TokenizArt will be arbitrated on a class-action basis or utilize class action procedures; and (3) you may not bring any Dispute in a purported representative capacity on behalf of the general public, other users of the Application, or any other persons.

 

Exceptions to informal negotiations and arbitration

You and TokenizArt agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Dispute seeking to enforce or protect, or relating to the validity of, any of your or TokenizArt’s intellectual property rights; (2) any Dispute relating to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief.

 

Applicable law

For any dispute not subject to arbitration, you and TokenizArt agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in New York County, New York. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. The Agreement and the relationship between you and TokenizArt shall be governed by the laws of the State of New York without regard to its conflict of law provisions.

 

General information. Complete agreement

These Terms (and any additional terms, rules, and conditions of participation that TokenizArt may post on the Application) constitute the entire agreement between you and TokenizArt with respect to the Application and supersede any prior agreements, oral or written, between you and TokenizArt. In the event of a conflict between these Terms and any additional terms, rules, and conditions of participation, the additional terms, rules, and conditions of participation will prevail over the Terms to the extent of the conflict. No Third-Party Beneficiaries There are no third-party beneficiaries of these Terms.

 

ASSIGNMENT

You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We may assign our rights and obligations under these Terms at our sole discretion to an affiliate, or in connection with an acquisition, sale, or merger.

 

Interpretation

The language of these Terms shall be construed as to its fair meaning and not strictly for or against any party. TokenizArt’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.                                                                                                 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Section titles

The section titles in the Terms are for convenience only and have no legal or contractual effect.

 

Communications

Users with questions, complaints or claims regarding the Application can contact us at [email protected]

Please read these Terms of Use (“Terms”) carefully. By accessing our services, using our services and products, or making a purchase from Tokenizart, you agree to them.

These Terms set out your rights and obligations as User, the Platform and its duly appointed subcontractors and licensors (“we”, “our” or “us”), in relation to www.tokenizart.com and related sites, including www.tokeniz.art (the ‘Sites’) and any services, products or materials of any kind accessible or available through the Sites or directly from us (collectively, the “Service”).

When we refer to “TokenizArt” in these Terms, we mean us/our/us, the Sites and/or the Service, depending on the context.

 

The Fundamentals of Tokenizart

TokenizArt, offers a suite of products for the art market consisting of a digital platform with account management and content creation functions, editing/storage management and sharing (the ‘Platform’) and associated physical products (the ‘Products’) including tokenization, MINT of artworks, unique objects, transfer, P2P systems, Certify, stamps, adhesive security labels (‘Labels’) and Certificates of Authenticity (‘Certificates’).

The Platform includes the provision of a database of artist profiles (the ‘Registry’). It also includes methods for sharing artwork data through portals (‘Channels’) to third parties for marketing sales or other use by those parties, subject always to the terms and conditions of those third parties.

Our customers (‘Users’) include artists, collectors, galleries and other individuals and organizations.

Users may be required to verify their identity by following processes specified by TokenizArt. TokenizArt may, in its sole discretion, determine that a user has not satisfactorily completed these processes and, in such cases, may refuse to allow such user to continue using TokenizArt. References to “User(s)” in the remainder of these Terms do not include those we have rejected on this basis.

 

Users can

1) Access the Online Service and create an account, providing such accurate and truthful personal and/or corporate information as TokenizArt may reasonably require to establish such account; MINTEAR, act of MINT (creating) in good faith on the Platform information records (“Artwork Records”) relating to works of art or other objects (‘Work(s)’) that exist or will exist in the real world, by uploading information to the Platform following the procedures specified by us. Users warrant that such Artwork Records faithfully represent the Works and undertake to exercise all due care and attention in uploading such information and ensuring its truthfulness. By uploading such information, Users acknowledge that it may be publicly accessible (by way of example only, by ‘posting’ or ‘transferring’).

2) Order, pay for and use the Products in good faith and strictly in accordance with the instructions issued by the Company and updated from time to time and, in the case of Labels, apply the same to the Works with diligence and care.

3) Use the Services to issue Certificates of Authenticity with respect to Verified Works and to exercise reasonable care in the care and custody of such Certificates. Such Certificates may be provided to bona fide purchasers (‘Collectors’) of the Verified Work and may be used in the process of transferring the Verified Work to the Collector’s account.

4) Use the Platform to search for records of works of art and/or artists registered in the registry.

 

Payment methods

Users pay online at the time of placing their order or by separate agreement upon receipt of invoice for the Products and other chargeable items or services delivered as part of the Service. In addition, and as a variation of the provisions set out above and elsewhere in these Terms, the Company may provide separate written agreements regarding payment methods and deferred payment and where such agreements are in effect and explicitly differ from these Terms, they shall prevail over any of the provisions of these Terms.

 

Suspension of service

If at any time we are informed of or reasonably suspect a material breach by a User of these Terms and Conditions, including, but not limited to, fraudulent or unauthorized use, we may, at our sole discretion, prevent the User from continuing to use TokenizArt and prevent further access by that User to all or part of the Service. No refund is due of any sums paid or payable to us.

Without limiting the generality of this, any user behavior that leads us to reasonably suspect a fraudulent, unauthorized attempt or bad faith use of TokenizArt by a User (or a person requesting to be a User) will result in the suspension of the relevant account. Information entered by the User in reference to the Works that were subsisting at the time the account was suspended may continue to be searched via the Internet. References to “User(s)” in the remainder of these Terms do not include Users whose accounts we have suspended pursuant to this clause.

Labels and tagging of works. These are carried out on behalf of and at the request of users, as well as the linking to NFC chips, which is done in a completely decentralized manner. Without influence or action by TokenizArt, for which the fraudulent or erroneous linking of works or linking with metadata in IPFS is the sole and exclusive responsibility of the users.

Purchases of TokenizArt Labels and Certificates are governed by our Product Purchase Terms. Users must ensure that (a) they only apply labels to works for which the User has a clear documented right to do so; (b) no unauthorized person has access to the Labels and associated seals or other accessories (the ‘Label Products’); and (c) the labeled Products or associated Chips are securely stored to prevent inappropriate or unauthorized use. If inappropriate or unauthorized use of the Products is known or suspected (such as improper labeling of a work), the User must contact TokenizArt at [email protected]

 

Records of works of art and other unique objects

The User in whose account an Artwork Record is stored and associated with NFC chip and void tags is referred to as “chip-linked”, a blockchain-powered CERTIFY powered by their own Wallet or an authorized third party. Being the Registered Owner does not necessarily connote ownership or the right to sell the Work; we rely on users to provide accurate and complete information, and we do not independently verify that information. The types of information that may be included in an Artwork Record, the User who is authorized to change or add to the information contained in an Artwork Record, and the levels of security and accessibility a User may apply to the information contained in an Artwork Record may be changed by TokenizArt over time. Where TokenizArt is informed or reasonably suspects that the Artwork Registry contains incorrect or inaccurate content (such as an incorrect or materially inaccurate entry in the Artwork Registry), we may temporarily or permanently suspend access to the relevant part of the Artwork Registry and any other part thereof that we reasonably deem to be affected. Each User acknowledges and agrees that the information he or she enters into the Artwork Registry may be made available by the Platform for access via the Internet, except where the availability of such information is explicitly open to administration by the User or Registered Owner through the Service.

 

TOKENIZART accounts and authority to act

If we ask you to provide information about yourself when you register with TokenizArt (or subsequently), you must ensure that this information is accurate and up to date. You can keep this information up to date through your Account. Under Login.

Please note that we have the right to treat anything done through a User’s Account, or by means of an email address, phone number, or other method of communication associated with that Account, as though it were done by the User; it is up to the User to maintain the security of his or her Account. If you tell us that you are acting on behalf of, or are a representative of, someone (such as an Artist) or an entity (such as a limited company or partnership), you agree that you are duly authorized to act in that capacity under applicable law, that your authority to do so is fully and enforceably documented in writing.

Please note, however, that TokenizArt has no responsibility to confirm (a) anyone’s identity, (b) that anyone has the capacity to represent someone else (such as an Artist), or (c) that anyone is who he/she says he/she is. Our verification processes are not a guarantee of provenance or that a User is actually who he/she says he/she is.

You must ensure that the email address we hold for you is kept up to date and that you have full access to it – we will send you important messages there. So if you change the email address, you must notify TokenizArt. If you provide an invalid email address or an email address that belongs to someone else, TokenizArt may deactivate your account at any time without notice. You must not register as a User if you are under 18 years of age.

 

Certificates and Verifiers

When certifications are made by the author himself, it is understandable that it is done by the same minter of the work. It can also be verified by a third party. The verification or certification does not imply an ENDORSEMENT BY TOKENIZART of said act. It is the exclusive responsibility of the contracting parties to make the pertinent inquiries and verify the veracity of the information provided. In subsequent sales of the work, it is the exclusive responsibility of the purchaser to verify who was the certifier, verifier, appraiser, etc. TokenizArt is simply a tool. At no time is it a curator or certifier of the actions of third parties, be they artists, minters, certifiers, validators; be they malicious or due to an involuntary or malicious error on the platform. TokenizArt cannot be required as a third party participant.

 

Content rules

THE PARTIES DECLARE THAT THEY ARE AWARE OF THE USER MANUAL, WHICH ESTABLISHES THE GUIDELINES AND BASIC OPERATIONAL IDEOGRAPHS OF THE PLATFORM, BUT WHICH CAN BE CUSTOMIZED FOR THE PARTICULAR USE OF EACH USER. TOKENIZART PROVIDES DISRUPTIVE TOOLS FOR VEHICULIZING THE NEEDS OF USERS, WHO MANAGE THE IMPLEMENTATION OF THEIR TOOLS AT THEIR OWN RISK AND RESPONSIBILITY.

Users are solely responsible for miscrediting, lying, You must not enter or upload to the Minting Registry (MINT action) information related to a Work (“Content”), or deal with the Content through TokenizArt, if you do not have the right to do so. You will ensure that the Content and the Work to which it relates do not:

a) Misrepresent your identity in any way, impersonate another person or make it appear that you have the authority to represent someone if you do not have such authority.

b) Infringe the copyright of any person; in particular, you must ensure that you own the copyright in the Content or that the copyright owner grants you full licence to use and exploit it in the manner in which you do so.

c) Infringe any other right, such as a trademark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality.

d) Violate any applicable law (including, but not limited to, any criminal law) or regulation.

e) Contain any computer virus, macro virus, Trojan horse, worm or anything else designed to interfere with, disrupt or interrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authorization or expropriate any system, data or personal information.

d) Include any material containing personally identifiable information about another person, such as his or her real name, address, telephone number or email address, except with that person’s written approval; or

e) Contain material that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group.

Although we prohibit violation of these Content Rules, we cannot control and do not monitor or pre-screen the entry of Content into our Service, except to the extent necessary to assist our users and validate certain data inputs. Content may from time to time contravene our Content Rules. We are not responsible for such Content; however, if you are aware of any Content that violates our Content Rules, please contact us at [email protected] . We may remove without notice any Content that appears to violate our Content Rules or prevent your use of any aspect of the Service that includes such Content.

 

Conditions for purchasing labels and certificates

A contract is created between a User and TokenizArt for the purchase of Labels and Certificates as follows:

The User places the order for the Labels and Certificates either on the Sites (by pressing an order confirmation button at the end of the payment process) or by some other means.

By doing so, you agree to purchase the Labels and Certificates you have selected.

At this point, we can accept payment for your order using your designated Payment Method.

We will send you an “order confirmation” email detailing your order for Labels and Certificates, and other information we need to provide to you.

When the labels and certificates you ordered are shipped to you, we will send you a “shipping” email. Please note that TokenizArt may refuse an order under certain circumstances, namely:

  • The labels you requested are not available.
  • Our failure to obtain authorization for your payment.
  • A relevant label or price description error is identified.

Please note that we do not undertake to maintain the price of a Product at any particular level: the price may rise or fall over time, at our discretion.

We will notify you of any refund due to you as a result of your rejection of a Product by email within a reasonable period of time and will usually process the refund within 30 days of the date on which we confirm your right to a refund. In such event, we will refund the price paid for the defective Product in full and any applicable charges paid for delivery of the defective Product. If the packaging of your Product has been damaged, please accept delivery and (where possible) note on any proof of delivery documentation that you have accepted the package subject to verification.

 

Closing accounts

You may choose to terminate your Account at any time; to do so, please contact TokenizArt Customer Service at [email protected] . You may be required to provide additional proof that you are the Account holder. Please note that closing an Account will not affect any of the entries for Works in the Artwork Registry, the continued inclusion of Content in the Artwork Registry, or any obligation to make payments that you may owe us then or (with respect to Works purchased on a ‘Pay on Sale’ arrangement) in the future. If your Account is terminated, suspended, or deactivated because you have breached these Terms (including a breach of our Content Rules), we may prohibit you from establishing another Account and prevent Content relating to your Account from being searchable.

 

Intellectual property

You acknowledge that all copyrights, trademarks and other intellectual property rights relating to Tokenizart are our property.

 

Use of the Service

You may use and access Tokenizart to the extent necessary for your use of the Service in accordance with these Terms and for the purposes for which we make it available. No one may copy, distribute, publicly display or create any derivative work from Tokenizart unless we have a written license to do so from us or from you as applicable.

You are not permitted to remove, alter or manipulate any copyright, trademark, patent or other intellectual property notices contained in the Products or the Service and any content thereon for any purpose without our express prior written permission.

 

Privacy

Our Privacy Policy governs all users of TokenizArt. If you do not want your personal data handled as described in that Privacy Policy, then you should not use TokenizArt. Users must not use the Services in connection with sending unsolicited messages, or to harvest or collect information about Users, including email addresses, without their express consent. No User will use information about other Users that is accessible through the Services except as expressly permitted by these Terms.

 

Our role

To the extent permitted by law, you release TokenizArt, its agents, directors, officers, shareholders and employees from all liability arising from or in connection with any Content. We have no responsibility or liability for the deletion or failure to store or deliver Content. Our Service is designed to facilitate verification of information about artworks and our Products: we do not guarantee or make any commitment as to (a) the authenticity of any Work, or (b) the right or entitlement of any User to sell or transfer ownership to any Work.

TokenizArt may contain links or advertisements for other Sites, services or products (“Third Party Promotions”). Third Party Promotions may contain materials that you find offensive, objectionable, unlawful or inaccurate. The Sites or other destinations to which Third Party Promotions lead are governed by their own terms of use and privacy policies that differ from these Terms. The inclusion of links to Third Party Promotions does not indicate our endorsement of those promotions and we are not responsible for examining or evaluating the content of such Sites or destinations or goods or services available through them.

 

Suspension

We reserve the right at any time and without notice (a) to suspend or terminate your ability to access TokenizArt, (b) suspend or terminate your use of the entire Service, (c) remove access through TokenizArt and/or prevent searchability of any Content associated with you or your Account, and/or (d) take technical and legal steps to prevent you from using TokenizArt, if it appears to us that you are in breach of any provision of these Terms.

If we do so, you acknowledge that we have no liability to you or anyone else. In addition, we have the right to suspend the provision of all or any part of the Services, or the availability of Content associated with any User (including through the Artwork Registry), at any time if we are required or advised to comply with an order, instruction or request of any branch of government, or any regulator, court or other competent authority.

 

Third party contact

If anyone contacts us in relation to the Content, Products, Services or a transaction associated with you, then you agree:

To provide all reasonable information and assistance we may require in connection with responding to that contact; and to respond promptly and accurately, should we send you the message seeking a response.

 

Additional services

We, our affiliates, or third parties with whom we contract may offer new, updated, or additional services through TokenizArt from time to time. Your use of those services will be governed by these Terms, but may also be subject to additional terms of use (for example, Channel Terms and Conditions), which you must comply with. Provided that you are notified of those terms in an appropriate manner (as determined by us, acting reasonably) when you agree to take up those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of these Terms.

 

How Tokenizart Works

We reserve the right to withdraw or amend all or part of the Service or Tokenizart when we have legal or business reasons to do so. There may be times when the operation of the Service is adversely affected as a result of technical difficulties experienced by TokenizArt or on the Internet or other communications networks, or as a result of other matters beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to TokenizArt or any material appearing on it. If we are undertaking a period of planned unavailability of the Platform or other aspects of the Service, we will take reasonable steps to inform Users of this by means of a notice appearing on one or more pages of TokenizArt. For security or other reasons, we may require you to change your password or other information that facilitates access to TokenizArt; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information. We may ask you to change your password or other information that facilitates access to TokenizArt; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information. We may ask you to change your password or other information that facilitates access to TokenizArt; however, we will never ask you for your password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.


Responsibility

We use reasonable care and skill to provide TokenizArt in accordance with our specifications for the Service, but:

a) The Service is provided “as is.”

b) There may be aspects of the Service that contain errors or are difficult to use.

c) We cannot and do not guarantee that TokenizArt or the Service will meet your requirements.

We will have no obligation, duty or liability of any kind in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, except as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of the Services or Products we agree to provide to you.

TokenizArt makes every reasonable effort to apply industry best practice in the specification and sourcing of components used in our Products. We always strive to use archival quality materials that are acid-free, lightfast and designed to minimise any risk of damage to artworks. We consult with conservators, printers, chemists and artists in the development of our Products and their components. However, as with all materials, the future performance and stability of our component Products and their interaction with the media of the artwork, especially but not exclusively when taking into account the very long term, is necessarily speculative. Accordingly, Users acknowledge and agree that whilst Tokenizart will have taken all reasonable care in the construction of its Products, the Company has no liability for damage to a Work caused by or resulting from the application of a Label.

Without limitation or prejudgment we have no liability for events arising from tampering with a Tag, failure to apply a Tag in accordance with our instructions herein or where fraudulent or deceptive acts have been perpetrated by any User or other person; or (b) where our liability relates to a Product or Service, our liability shall be limited to the amount paid for that Product or Service. We, our agents, directors, officers, shareholders, employees and subcontractors, shall not be liable to you or anyone else, whether in contract, tort (including negligence), for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or for any loss or corruption of data (including, without limitation, Content); or for any loss or damage not directly resulting from (or in excess of what was caused as a direct result of) our breach of these Terms, regardless of the cause or origin.

Except as expressly provided elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collateral or otherwise) are hereby excluded except in the case of fraud, or where such exclusion is not permitted by law. We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control.

 

USABILITY OF THE ATELIER PLATFORM

All actions related to the usability of the platform within the Atelier and the NFC Apps are carried out in accordance with the provisions of the user manual referenced from the website:

https://tokenizart.com/wp-content/uploads/2024/04/Atelier-Manual-del-Usuario-1.pdf

 

Compensation

You agree to indemnify TokenizArt, its agents, directors, officers, shareholders, employees and subcontractors against all liabilities, claims and expenses that may arise from or in connection with any breach of these Terms by you or through your Account; or content associated with you or your Account.

 

Assignment

We reserve the right to assign these Terms and to assign or subcontract any or all of our rights and obligations under these Terms, but we will not do so in a way that reduces the warranties provided to you under these Terms. Please note that one aspect in which we may assign rights and obligations is to assign responsibility for and rights in the Platform and the artwork registrations contained within it to a separate entity established by us. You may not, without TokenizArt’s written consent, assign or otherwise dispose of these Terms or any of your rights and obligations under them.

Others:

Disputes with other users

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. TokenizArt shall have no liability for your interactions with other Users, or for the action or inaction of any User.

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