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Terms of Use

Gallery · buymoreart.io · Effective [EFFECTIVE DATE]

These Terms of Use (the “Terms”) form a legally binding agreement between you and buymoreart.io (“Gallery,” “we,” “us,” or “our”) governing your access to and use of the website located at buymoreart.io, its subdomains, and all related features, content, and services (collectively, the “Platform”).

Please read these Terms carefully. Section 19 contains a binding arbitration agreement and a class action waiver that affect how disputes are resolved. By clicking “I agree,” connecting a digital wallet, submitting an artist application, or otherwise using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you may not use the Platform.

Definitions
Eligibility
Digital Wallets
Artist Approval
Artist Representations and Warranties
Ownership and License to Gallery
Purchaser License
Prohibited Content and Conduct
Copyright Policy (DMCA)
Sales, Fees, and Payment
Creator Royalties
$GHOST and the Rewards Pool
Taxes
Assumption of Risk
Third-Party Services
Disclaimer of Warranties
Limitation of Liability
Indemnification
Dispute Resolution and Arbitration
Suspension and Termination
Changes to These Terms
General Provisions
Contact

1. Definitions

“Artist” means a person whose application has been approved by Gallery and whose wallet address has been authorized to mint or list Artwork on the Platform. “Artwork” means any image, video, audio, animation, text, or other creative work, together with any associated metadata, that is minted, listed, displayed, or offered through the Platform. “NFT” means a non-fungible token recorded on the Solana blockchain that is associated with an item of Artwork. “Purchaser” means any person who acquires an NFT through the Platform, and any subsequent lawful owner of that NFT. “$GHOST” means the digital token identified on the Solana blockchain by the mint address 3cmYVm9Y8JL6BzK941r1tymuBRKDZWLNSS7PBrkvpump. “Rewards Pool” means the discretionary allocation of $GHOST described in Section 12. “User” or “you” means any person who accesses or uses the Platform, including Artists and Purchasers.

2. Eligibility

You represent and warrant that: (a) you are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract; (b) you are not located in, organized in, or ordinarily resident in any country or territory subject to comprehensive United States sanctions; (c) you are not identified on, or owned or controlled by any person identified on, the Specially Designated Nationals and Blocked Persons List maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control or any other applicable sanctions list; and (d) your use of the Platform does not violate any law or regulation applicable to you. If you use the Platform on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.

3. Digital Wallets

The Platform is non-custodial. To use certain features you must connect a compatible third-party digital wallet. Gallery does not have access to, and will never request, your private keys, seed phrase, or recovery phrase. You are solely responsible for the security of your wallet and credentials and for all activity conducted through your wallet. Gallery cannot recover lost keys, reverse transactions, or restore access to any wallet, and shall have no liability for any loss arising from the compromise, loss, or misuse of your wallet.

4. Artist Approval

The Platform is invitation-only. Submission of an application does not guarantee approval. Gallery may approve, decline, or defer any application in its sole discretion and is not obligated to state its reasons. Only wallet addresses approved by Gallery may mint or list Artwork. Gallery may suspend or revoke approval at any time, including for any breach of these Terms. Information provided in an application must be accurate, complete, and current, including the disclosure of whether artificial intelligence tools are used in the creation of Artwork; this disclosure may be displayed to Purchasers.

5. Artist Representations and Warranties

Each time an Artist submits, mints, or lists Artwork, the Artist represents and warrants that:

the Artwork is the Artist’s original creation, or the Artist owns or has obtained all rights, licenses, consents, and permissions necessary to mint, list, display, and sell it and to grant the licenses in these Terms;
the Artwork was not copied, downloaded, captured, or derived from Pinterest, Instagram, any other website or marketplace, or any other source without the written permission of the copyright owner, including by screenshot, cropping, filtering, tracing, or minor alteration of another’s work;
the Artwork has not previously been minted as an NFT, and will not be minted as an NFT, on Solana, Tezos, Ethereum or any other platform, by the Artist or any third party, whether in identical or substantially similar form, except through the Platform;
the Artwork does not infringe, misappropriate, or violate any copyright, trademark, right of publicity or privacy, or other right of any person, and does not contain the name, likeness, or voice of any person without that person’s consent;
any disclosure regarding the use of artificial intelligence is true and complete; and
the Artwork complies with Section 8 and with all applicable laws.

Gallery may, without notice or liability, delist, hide, or cease displaying any Artwork that Gallery reasonably believes violates this Section, and may revoke the Artist’s approval.

Submitting, minting, or listing any Artwork in violation of Section 5(b) or 5(c) constitutes a material breach of these Terms and grounds for immediate suspension of the Artist’s access and permanent revocation of the Artist’s approval, without notice and in Gallery’s sole discretion. Gallery may also delist all of the Artist’s Artwork, withhold any unpaid or unclaimed rewards, report the matter to the affected copyright owner, and pursue all remedies available under Section 18 and applicable law.

6. Ownership and License to Gallery

As between the Artist and any Purchaser, the Artist retains all copyright and other intellectual property rights in the Artwork. The sale of an NFT does not transfer copyright or any other intellectual property right. Each Artist hereby grants Gallery a non-exclusive, worldwide, royalty-free, sublicensable (solely to Gallery’s service providers) license to host, store, reproduce, display, adapt for technical purposes (such as resizing and thumbnails), and distribute the Artwork and the Artist’s name, username, and biography for the purposes of operating, displaying, and promoting the Platform and the Artwork. This license survives for so long as the Artwork remains listed or recorded in connection with the Platform and for a reasonable period thereafter for archival and promotional purposes.

The Platform, including its software, design, text, logos, and the “Gallery” name and logo, is owned by Gallery or its licensors and is protected by intellectual property laws. No right in the Platform is granted to you except the limited right to use it in accordance with these Terms. Any suggestions, ideas, or feedback you provide regarding the Platform may be used by Gallery without restriction or compensation, and you hereby assign to Gallery all rights in such feedback.

7. Purchaser License

In plain words: You own the NFT and can resell it on-chain. You do not own the artwork’s copyright. You may not print it, put it on shirts or any product, or use it to make money in any other way without the artist’s written permission.

Subject to these Terms, upon lawful acquisition of an NFT, the Artist grants the Purchaser a limited, worldwide, non-exclusive, non-sublicensable, royalty-free license to display the associated Artwork solely for the Purchaser’s personal, non-commercial use, including display in a digital wallet, on a personal website or social media profile, and on third-party marketplaces for the purpose of reselling the NFT. This license passes automatically to each subsequent lawful owner of the NFT and terminates as to any person upon that person’s transfer of the NFT.

Except as expressly permitted above, or under a separate written agreement signed by the Artist, the Purchaser shall not: (a) reproduce, print, or create physical copies of the Artwork; (b) use the Artwork on or in connection with merchandise, apparel, posters, or any other product or service; (c) use the Artwork for any commercial purpose; (d) modify, distort, or create derivative works of the Artwork; (e) license, sublicense, or otherwise grant rights in the Artwork to any third party; or (f) use the Artwork to train, fine-tune, or develop any artificial intelligence or machine learning model.

Any use in breach of this Section terminates the license, constitutes a material breach of these Terms, and may infringe the Artist’s copyright. Gallery and the Artist reserve all rights and remedies available at law and in equity, including injunctive relief and the recovery of damages and, where permitted by law, reasonable attorneys’ fees. Gallery may also delist or cease displaying the affected NFT on the Platform. Users acknowledge that Gallery cannot remove, reverse, transfer, or take possession of NFTs or transactions recorded on the blockchain. As the sole exception, where Gallery determines in good faith that an Artwork infringes the rights of a third party, including Artwork that is stolen, copied, or minted without authorization, Gallery may freeze the corresponding NFT so that it cannot be transferred or sold on any platform until the matter is resolved. A freeze does not transfer ownership, and Gallery will lift it where a valid counter-notification is upheld.

8. Prohibited Content and Conduct

You shall not, and shall not attempt to: (a) list or promote Artwork you do not own or are not authorized to sell; (b) post content that is unlawful, defamatory, obscene, hateful, harassing, or that sexualizes minors in any manner; (c) impersonate any person or misrepresent your affiliation; (d) engage in wash trading, self-dealing, shill bidding, price manipulation, or any other artificial or fraudulent activity, including to obtain rewards; (e) circumvent the artist approval process or any access restriction; (f) use bots, scrapers, or automated means to access the Platform except as expressly permitted by Gallery; (g) introduce malware or interfere with the security or operation of the Platform; (h) use the Platform for money laundering, terrorist financing, sanctions evasion, or any other unlawful purpose; or (i) assist any other person in doing any of the foregoing.

9. Copyright Policy (DMCA)

Gallery respects intellectual property rights and responds to notices of alleged infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512. If you believe material on the Platform infringes your copyright, send a written notice to our designated agent containing: (1) a physical or electronic signature of the copyright owner or a person authorized to act on its behalf; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the allegedly infringing material and information reasonably sufficient to locate it on the Platform; (4) your contact information, including address, telephone number, and email address; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

Designated Agent: [NAME, ADDRESS, EMAIL — as registered with the U.S. Copyright Office]

An Artist whose material is removed may submit a counter-notification as provided in 17 U.S.C. § 512(g). Gallery will, in appropriate circumstances, terminate the approval and access of Users who are repeat infringers. Gallery does not adjudicate disputes regarding the ownership, authorship, or authenticity of Artwork, and may restrict the visibility of, or delist, any disputed Artwork pending resolution between the parties. Any person who knowingly materially misrepresents that material is infringing, or was removed by mistake, may be liable for damages under 17 U.S.C. § 512(f).

10. Sales, Fees, and Payment

Sales on the Platform are transactions directly between the selling Artist (or owner) and the Purchaser. Gallery provides the venue and is not a party to the sale, does not take title to any NFT, and does not act as agent, broker, or fiduciary for any User. Supported payment assets are SOL, USDC, and $GHOST.

Upon completion of each sale, Gallery charges a platform fee equal to five percent (5%) of the sale price. Where the sale is denominated in $GHOST, the platform fee is allocated to the Rewards Pool. Where the sale is denominated in SOL or USDC, the platform fee is [RETAINED BY GALLERY / ALLOCATED TO THE REWARDS POOL]. Blockchain network fees are paid by the User who initiates the transaction. Fees may change prospectively upon notice under Section 21.

All sales are final. Blockchain transactions are irreversible, and Gallery does not provide refunds, chargebacks, or exchanges.

11. Creator Royalties

[IF ROYALTIES APPLY:] An Artist may designate a creator royalty of up to [__]% on secondary sales. Where the Platform supports it, Gallery will use commercially reasonable efforts to apply designated royalties to secondary sales conducted through the Platform. Users acknowledge that royalties may not be honored or enforced by third-party marketplaces or on transfers outside the Platform, and Gallery makes no guarantee that any royalty will be paid in such circumstances.

12. $GHOST and the Rewards Pool

$GHOST is a digital token intended for use within the Gallery and JPEG.FM ecosystem. $GHOST is not offered or sold through the Platform as an investment. Holding or receiving $GHOST does not represent any equity, ownership, debt, profit share, dividend, governance right, or other claim against Gallery or any other person, and you should not acquire or hold $GHOST with any expectation of profit derived from the efforts of Gallery or others.

The Rewards Pool is a promotional program offered at Gallery’s sole discretion. Gallery may track eligible activity, including completed sales, and may make $GHOST available for claim no earlier than seven (7) days after the qualifying activity. Gallery does not guarantee that the Rewards Pool will be funded, that any reward will be available or paid, or that $GHOST will have any value or liquidity. Gallery may modify the eligibility criteria, calculation, timing, or amount of rewards, suspend the program, or terminate it at any time, with or without notice, and may withhold or reclaim rewards obtained through fraud, manipulation, error, or breach of these Terms.

13. Taxes

You are solely responsible for determining, reporting, and paying any taxes applicable to your purchases, sales, royalties, and rewards, and for any related filings. Gallery may collect information and issue reports where required by law.

14. Assumption of Risk

You acknowledge and accept the risks inherent in digital assets and blockchain technology, including: the volatility and potential total loss of value of NFTs, SOL, USDC, and $GHOST; the absence of any guaranteed resale market; the irreversibility of transactions; network congestion, forks, outages, and changes to the Solana protocol; software defects and smart contract vulnerabilities; phishing, hacking, and other malicious activity; and evolving and uncertain legal and regulatory treatment of digital assets, which may adversely affect the Platform or your assets. Gallery is not registered with the U.S. Securities and Exchange Commission or the Commodity Futures Trading Commission, is not a broker, dealer, exchange, or money transmitter, and does not provide investment, financial, legal, or tax advice. Digital assets are not insured by the Federal Deposit Insurance Corporation or protected by the Securities Investor Protection Corporation. You are solely responsible for evaluating these risks and for your own decisions.

15. Third-Party Services

The Platform may interoperate with or link to third-party services, including digital wallets, the Solana blockchain, minting tools, marketplaces, and hosting providers. Gallery does not control and is not responsible for any third-party service, and your use of it is governed by that third party’s terms.

16. Disclaimer of Warranties

The Platform, all Artwork and NFTs, and $GHOST are provided “as is” and “as available,” without warranty of any kind, express, implied, or statutory. To the fullest extent permitted by law, Gallery disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and uninterrupted or error-free operation. Gallery does not verify, and makes no warranty regarding, the authenticity, originality, quality, ownership, or legality of any Artwork, or the identity of any User.

17. Limitation of Liability

To the fullest extent permitted by law, in no event shall Gallery or its owners, members, managers, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or digital assets, arising out of or relating to these Terms or the Platform, whether based on contract, tort (including negligence), strict liability, or any other theory, even if advised of the possibility of such damages. Gallery’s total aggregate liability for all claims arising out of or relating to these Terms or the Platform shall not exceed the greater of (a) the total platform fees paid by you to Gallery in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

18. Indemnification

You shall defend, indemnify, and hold harmless Gallery and its owners, members, managers, officers, employees, and agents from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to: (a) your use of the Platform; (b) your breach of these Terms or of any representation or warranty herein; (c) any Artwork you submit, mint, or list, including any claim that it infringes or violates the rights of any third party; or (d) your violation of any law or the rights of any third party. Gallery may assume the exclusive defense of any matter subject to indemnification, and you shall cooperate with that defense.

19. Dispute Resolution and Arbitration

19.1 Informal resolution

Before commencing any proceeding, the party asserting a claim shall send written notice describing the claim and the relief sought, and the parties shall attempt in good faith to resolve it informally for at least thirty (30) days.

19.2 Binding arbitration

Except as provided in Section 19.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, before a single arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration shall be conducted in English, and, unless the parties agree otherwise, by videoconference or in [COUNTY] County, Colorado. Judgment on the award may be entered in any court of competent jurisdiction.

19.3 Class action waiver

You and Gallery agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate claims of more than one person or preside over any form of representative proceeding.

19.4 Exceptions

Either party may (a) bring an individual action in small claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

19.5 Opt-out

You may opt out of this arbitration agreement by sending written notice to info@buymoreart.io within thirty (30) days after you first accept these Terms, stating your name, wallet address, and intent to opt out.

19.6 Changes to this Section

If Gallery makes any material change to this Section 19, you may reject the change by sending written notice to info@buymoreart.io within thirty (30) days after the change takes effect, in which case the version of this Section in effect before the change will continue to govern disputes between you and Gallery.

19.7 Governing law and venue

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in [COUNTY] County, Colorado.

20. Suspension and Termination

Gallery may suspend or terminate your access to all or part of the Platform, revoke Artist approval, or delist any Artwork, at any time and for any reason, including for breach of these Terms, suspected fraud, or legal or regulatory requirements. Sections 5 through 7, 9, 10, and 12 through 22 survive any termination.

21. Changes to These Terms

Gallery may revise these Terms from time to time. Material changes will be posted on the Platform with a revised effective date and, where practicable, notice through the Platform. Revised Terms apply prospectively from their effective date. Your continued use of the Platform after that date constitutes acceptance of the revised Terms.

22. General Provisions

These Terms, together with the Privacy Policy and any additional terms presented to you on the Platform, constitute the entire agreement between you and Gallery regarding their subject matter. If any provision is held invalid or unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. Gallery’s failure to enforce any right or provision is not a waiver. You may not assign these Terms without Gallery’s prior written consent; Gallery may assign them without restriction. Gallery shall not be liable for any failure or delay caused by events beyond its reasonable control. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship. Section headings are for convenience only.

23. Contact

buymoreart.io · [MAILING ADDRESS] · info@buymoreart.io