Terms & Conditions
Terms of Service
Last updated：March 22, 2023
Please read these Terms of Service carefully. You may not use the Site (as defined below) unless you agree to these terms, and each of which is incorporated by this reference (collectively, the “Agreement”):
• Collector Terms;
• and any other posted and referenced guidelines, rules, policies, terms, or conditions applicable to services that may be available at the Site.
This Agreement is between you and Acmé concerning your use of the website located at https://www.acme.art/ (including any successor sites and any other website, mobile app, marketplace, social media, or software that we operate or make available for the sale of NFTs) and any content, products or services that we make available there (collectively, the “Site”).The Site may allow users to mint and buy non-fungible tokens (“NFTs”) that contain or correspond to digital artworks (“Artworks”) created by Violeta Hernández or other artists (each, an “Artist”). For ease of reference, we refer to NFTs originally acquired through the Site as “Site NFTs” and a Site NFT together with the license rights in the corresponding Artwork as a “Digital Item.”
When you connect your cryptocurrency wallet to the Site using a trusted service provide such as MetaMask or Wallet Connect, you accept and agree to be bound and abide by these Terms and all of the terms incorporated herein by reference. By agreeing to these Terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms, you must not access or use the Site.
1. Acceptance of Terms. Acmé makes the Site available subject to this Agreement. We may update or make changes to this Agreement from time to time in its sole discretion. You can determine when this Agreement (and other terms and policies posted on the Site) was last revised by referring to the “Last Updated” legend at the top of this Agreement.
2. Registration. You may need to provide your email address, register, or connect your blockchain wallet, e.g., MetaMask (your “Wallet”) to use all or part of the Site or to make purchases. You represent to us that all information you submit to the Site is complete and accurate.
3. Buying NFTs.
a. Connecting Your Wallet. Before you can mint or buy any Site NFT, you have to connect to the Site using your Wallet. Wallets like MetaMask are provided by unaffiliated third parties, and your use of such Wallets is governed by terms provided by the applicable third party (e.g. MetaMask). We’ll deliver Site NFTs that you buy through the Site directly to your Wallet. PLEASE TAKE THE UTMOST CARE TO PROTECT AND PRESERVE YOUR WALLET’S CREDENTIALS—WE CANNOT RECOVER SITE NFTS IF YOU LOSE ACCESS TO YOUR WALLET.
b. Pricing & Payment. We will provide pricing and payment terms on the Site at or near the point of sale. All sales are final, and your payment obligations are binding as soon as you authorize any purchase with your Wallet. We do not and will not provide refunds. We accept payment in cryptocurrency only.
c. Not an Investment in a Business. You represent to us that your purchase of Site NFTs is and will remain solely for your personal use and enjoyment. You understand that buying a Site NFT is akin to buying a physical artwork, and is not an investment in us or any other business, and you represent to us that you have no expectation of profit based on any of our activities. You shall not promote or market any Site NFT as an investment in us, or otherwise state or suggest that potential buyers of Site NFTs may expect to profit from their purchase or sale of Site NFTs.
d. Site NFTs Acquired from Others. You agree to be bound by the Collector Terms with respect to any Site NFTs you may acquire from previous collectors.
4. Rules of Conduct. While using the Site, you will comply with all applicable laws and regulations. We expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the following rules of conduct, and your failure to comply with such rules may result in suspension or termination of your access to the Site. You will not:
• Post, transmit, or otherwise make available, through or in connection with the Site:
a. Any material that could give rise to criminal or civil liability.
b. Any virus, worm, Trojan horse, Easter egg, time bomb, malware, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage any hardware, software or equipment (collectively, “Viruses”).
• Use the Site for any fraudulent or unlawful purpose.
• Use the Site to defame, abuse, harass, stalk, threaten or violate the legal rights of others, including others’ privacy rights, or harvest or collect personally identifiable information about other users of the Site (e.g., by “scraping”).
• Impersonate any person or entity, including any of our representatives; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
• Use or attempt to use another user’s account without authorization both form that user and from us.
• Interact with the Site by automated means, scripts, or bots.
• Attempt to circumvent any content-filtering techniques or attempt to access any feature or area of the Site that you aren’t authorized to access.
• Modify, adapt, translate, reverse engineer or disassemble any portion of the Site, or otherwise access or use the Site for purposes of creating a product or service that competes with any of our products or services.
• Remove any copyright, trademark, patent or other proprietary rights notice from the Site or from materials originating from the Site.
• Frame or mirror any part of the Site.
• Use any bot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Site content.
• Attempt to increase or otherwise manipulate the price of a Digital Item, for example, by bidding on Site NFTs that you own, buying or selling Site NFTs that you own (e.g., from one Wallet to another Wallet that you control), or making offers with no bona fide intent to purchase.
• Engage in activity that artificially increases view counts, likes or other metrics.
5. Our Content. Our trade names, trademarks, and other indicia of origin include Acmé, and any associated logos (collectively, “Our Trademarks”) on the Site other than Our Trademarks are the property of their respective owners. You may not use Our Trademarks, whether registered or unregistered, on or in connection with any product or service in any manner that is likely to cause confusion. The information and materials made available through the Site are and shall remain the property of us and our licensors (including Artists), and are protected by copyright, trademark, patent, or other proprietary rights and laws. Except as we expressly authorize in advance in writing, you shall not reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based upon (whether in whole or in part), all or any part of the Site or any materials made available through the Site (including Artworks). Nothing contained on the Site grants or should be construed as granting any license or right to use any of Our Content without our express prior written consent.
6. Artwork Storage. We may store Artworks using our own or third-party platforms, such as the Interplanetary File System (“IPFS”). WE CAN’T AND DON’T GUARANTEE THAT ANY ARTWORK WILL REMAIN AVAILABLE ON IPFS OR ANY OTHER PLATFORM, AND WE WILL HAVE NO RESPONSIBILITY OR LIABILITY, NOR WILL COLLECTORS OR PURCHASERS HAVE ANY REMEDY, IF ANY ARTWORKS BECOME UNAVAILABLE. We recommend that you download the associated Artwork (provided that you have the right to do so) in case it becomes unavailable on the Site or through the applicable third-party platform.
7. Third-Party Payment Providers. We may use third-party service providers to enable you to pay us (such services, “Payment Services”). By submitting your account information for use in connection with Payment Services, you agree that: (a) Acmé may process your information with any such Payment Services; and (b) we aren’t responsible or liable for any failures of any such Payment Services to protect such information adequately. The processing of payments will be subject to the terms, conditions and privacy policies of such Payment Services, in addition to this Agreement. There may be fees associated with certain Payment Services, and you agree that you (and not we) will be responsible and liable for all such fees, including fees imposed on your transactions. You acknowledge and agree that we aren’t, and won’t be, responsible or liable for any Payment Service’s services, site, or acts or omissions.
8. Contact. If you have any questions regarding the Site or the meaning or application of this Agreement, please direct such questions to: firstname.lastname@example.org
Last updated：March 22, 2023
By “Services,” we mean our website located at https://acme.art/ (including any successor sites) and any content, products or services that we make available there, including all data and information that we may from time to time make available, together with our social media accounts and email messages that link to this policy. By providing us with Personal Information (as defined below), you agree to the terms and conditions of this policy.
You may choose whether to provide Personal Information in connection with your use of the Services. If you choose not to provide the information we request, you may still visit and use parts of the Services, but you may be unable to access or use some features.
1. Personal Information We May Collect. “Personal Information” is information that identifies you as an individual, including:
• Public blockchain address
• Email address
• Personal information included in communications you send to us
If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this policy.
2. How We May Collect Personal Information. We and our service providers may collect Personal Information in a variety of ways, including:
• Through the Services: We may collect Personal Information through the Services, e.g., when you sign up for updates, register for an account, or make a payment.
• From Automated Means: The Service may collect information automatically (e.g. with Google Analytics).
• From Other Sources: We may receive your Personal Information from other sources, such as public databases; joint marketing partners; social media platforms (e.g., Discord); from people with whom you’re friends or otherwise connected on social media platforms, as well as from other third parties.
3. How We May Use Personal Information. We and our service providers will process Personal Information only to the extent necessary to achieve the purposes of use specified below. Our purposes of use of Personal Information include:
• To provide our Services, respond to your inquiries and fulfill your requests, such as to send you updates and announcements and respond to questions about our Services.
• To send administrative information to you, for example, information regarding the Services and changes to our terms.
• To process your transactions or payments, including by processing transactions related to non-fungible tokens (“NFTs”) on a blockchain, communicate with you regarding your transactions, and provide you with related customer service.
• To send you marketing communications about our products and services that we believe may be of interest to you.
• To personalize your experience on the Services such as by displaying content we believe may be of interest to you based on information we have received and analyzed about you.
• To allow you to participate in sweepstakes, contests, giveaways, and similar promotions. Some of these activities have additional rules, so we suggest that you read these rules carefully.
• To facilitate social sharing functionality such as integrating with social media platforms enabling you to share updates about our Services on your social media profiles.
• For our business purposes, such as data analysis, developing new products,, improving, or modifying the Services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating our business activities.
4. How We May Disclose Personal Information. Your Personal Information may be disclosed:
• To our third-party service providers who provide services such as website hosting, data analysis, payment processing, customer service, email delivery, credit card processing, and other similar services, subject to appropriate confidentiality obligations.
• By you, on message boards, chat, profile pages and blogs and other services to which you post information and materials (including, without limitation, our social media accounts). Any information you post or disclose through these services will become public.
• To a third party in the event of any merger, sale, joint venture, or transfer of all or any portion of our business.
• To a public blockchain as part of transactions you may make with us.
• As we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public and government authorities; (d) to enforce our Terms of Service, this policy and other online policies; (e) to detect, prevent, or otherwise address fraud or security issues.
We won’t sell your Personal Information, and we won’t exchange, transfer, or disclose it without your consent except as provided in this policy.
COOKIES AND SIMILAR TECHNOLOGIES
• Using cookies: Cookies are small files stored directly on the device you’re using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language and other anonymous traffic data.
• Third-Party Analytics: We use Google Analytics in connection with the Services to help us analyze the traffic on the Services.
RETENTION OF YOUR INFORMATION
We keep your Personal Information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and used it, the amount, nature, and sensitivity of the information, the potential risk of harm, the resolution of any pending or threatened disputes, and enforcement of our agreements. When we no longer require the Personal Information, we will either delete or deidentify it.
CHOICES AND ACCESS
You may opt-out from:
• Receiving electronic communications from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out of receiving these emails by clicking on an unsubscribe link at the bottom of an email that you receive from us. You can’t opt out of receiving transactional emails related to your account with us, e.g., emails necessary to confirm your payment or emails with important matters.
• Receiving text messages or phone calls from us: We won’t typically communicate with you by text message or phone call unless you provide us with your phone number and we need to contact you for transactional purposes.
We will try to comply with your request(s) as soon as reasonably practicable and otherwise in compliance with applicable laws.
In addition, if you engage in a transaction with us that relates to a public blockchain, we cannot edit, alter, modify, or delete any information that is stored on a public blockchain, for example the Ethereum blockchain, as we do not have control over any public blockchains and the blockchain is immutable (it cannot be changed).
Last updated：March 22, 2023
These Collector Terms govern the rights of owners of non-fungible tokens minted on distributed digital ledgers or blockchains (“NFTs”) that contain or correspond to digital artworks (“Artworks”) created by Violeta Hernández or other artists (each, an “Artist”), which NFTs are first made available through the website operated by Acmé, currently located at https://acme.art/ (the “Site,” as further defined in the). Such owners are referred to in these terms as “Collectors.”
If you mint or buy an NFT through the Site, you agree to be bound by these Collector Terms and the , and if you buy or otherwise receive such an NFT from a previous owner, your rights to the NFT and the corresponding Artwork are governed by these t
1. License to Artworks. If you mint or buy an NFT through the Site, the blockchain will identify your public blockchain address as the owner of the NFT and you will receive a limited license to the corresponding Artwork as described in these Collector Terms. But other than that license, you do not have any rights in the Artwork, all of which rights remain with and are reserved by us. For ease of reference, we refer to NFTs originally minted through the Site as “Site NFTs”. Subject to and conditioned upon your compliance with these Collector Terms, for as long as you own a Site NFT, we grant you a limited, personal, non-sublicensable license to display and perform the corresponding Artwork uniquely identified by the Site NFT, solely and exclusively for personal, non-commercial use. We grant you no other rights, whether express or implied, with respect to any Digital Item (in whole or in part), all of which we reserve.
2. Restrictions. You may not modify or prepare any derivative work based upon any Site NFT, or commercialize in whole or in part. Your license doesn’t permit you to, and you won’t authorize, permit or assist any third party to:
a. exercise any of the rights granted herein in any way that results in direct or indirect compensation, financial benefit or commercial gain of any kind to you or any third party;
b. delete, remove or obscure any trademark notice, copyright notice or other proprietary rights notice on or in any Site NFT;
c. register or attempt to register any trademark or copyright or otherwise acquire intellectual property rights in or to any Artwork;
d. exercise any of the rights granted herein to create, endorse, support, promote or condone any content, material or speech that is defamatory, obscene, pornographic, indecent, abusive, offensive, harassing, violent, hateful, racist, discriminatory, or otherwise objectionable as we determine in our sole discretion;
e. use any Site NFT, in whole or in part in connection with any product, service, business, lobbying effort, political campaign, or message, or in any manner that could suggest or imply our sponsorship, affiliation or endorsement, or in any manner that is likely to cause confusion or dilute, blur or tarnish our rights.
3. Collector Perks. Although we have no obligation to do so, we may, or we may authorize third parties to, occasionally make additional content, physical items or other benefits available to the owners of Site NFTs (“Collector Perks”). It’s up to you to stay informed about Collector Perks (e.g., by visiting the Site or other social media accounts) and, if necessary, take any steps to request or collect Collector Perks, which may include verification of your ownership of the applicable Site NFTs).
4. Termination. If you breach these Terms or any other policies posted on the Site, your rights to any Site NFT, including the rights to display and perform corresponding Artworks, will immediately terminate without notice