These Terms of Use constitute a legally binding agreement made between the user ("you"), whether personally or on behalf of an entity, and REGALIS (The "Company"; "us") regarding your access and use of https://www.regalis.art website and the REGALIS application, based on smart contracts ("Application" or "Application"), as well as any other media form, media channel, mobile website or mobile application, related smart contracts , linked or otherwise connected to it (the "website", the Site and the " Application ").
REGALIS is a platform for the sale of curated art collections (Launchpad Type). They are represented by one non-fungible token ("NFT") each. The REGALIS smart contract allows participants to purchase the NFT that represents digital art. The Company does not provide a secondary market for the NFT. REGALIS will provide a user interface to display the digital works of art. After the sale of an NFT to you, the token is transferred from the Polygon smart contract to the buyer and concludes the business transaction between both parties.
The Company sells the Art through NFT and makes the Application available to you. However, before you purchase an NFT and use the Polygon user interface and smart contracts, you must agree to these Terms of Use and all terms and conditions incorporated herein by reference (collectively, these "Terms").
PLEASE READ THESE TERMS CAREFULLY BEFORE MAKING A PURCHASE OF AN NFT AND/OR USING THE APP. THESE TERMS GOVERN YOUR PURCHASE OF NFT AND YOUR USE OF THE APPLICATION, UNLESS THE COMPANY HAS EXECUTED A SEPARATE WRITTEN AGREEMENT WITH YOU TO THAT PURPOSE. THE COMPANY IS ONLY WILLING TO MAKE THE NFT AND THE APPLICATION AVAILABLE TO YOU IF YOU AGREE TO ALL OF THESE TERMS. BY USING THE APPLICATION, OR ANY PORTION THEREOF, OR BY CLICKING "I AGREE" BELOW OR INDICATING YOUR ACCEPTANCE IN AN ATTACHED BOX, YOU ARE CONFIRMING THAT YOU FULLY UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. IF YOU ACCEPT 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 WHICH CASE "YOU" SHALL MEAN THAT ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN WE WILL NOT BE WILLING TO MAKE THE APP, SMART CONTRACTS OR THE SITE AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP, SMART CONTRACTS OR THE SITE.
- THE REGALIS APP
- The REGALIS application are unique digital collections (stored in .jpg format in IPFS), each represented by an ERC-721 Token.
- The REGALIS are sold during a sale period established by the company, according to the price schedule displayed on the website (https://www.regalis.art). The Company does not provide any additional services to the user after the business transaction is concluded.
- You can access the application through any web browser using the URL https://www.REGALIS.art and an EVM (Ethereum Virtual Machine) electronic wallet compatible with the ERC-721 standard on the Polygon network, such as the wallet MetaMask. You will not be able to conduct any transactions in the app other than through MetaMask or other browsers supported by Polygon.
- Transactions in the app are managed and confirmed through the Polygon blockchain. We do not own or control MetaMask, Google Chrome, the Polygon network, or any other third-party site, product, or service that you may access, visit, or use for the purpose of enabling you to use the various features of the Application. We will not be responsible for the acts or omissions of such third parties, nor will we be liable for any damages you may suffer as a result of your transactions or any other interactions with such third parties.
- You are responsible for your MetaMask wallet (and other Polygon wallets) and the private key to access it.
- GIFTS are digital works of art and have no other purpose than that of a work of art.
- PAYMENT
- If you choose to purchase a Digital Fine Art Portrait from Contract REGALIS, all financial transactions will be conducted through the Polygon network only. We have no control over these payments or transactions, nor do we have the ability to reverse any transactions. With this in mind, the company will not have any liability to you or any third party for any claim or damage that may arise as a result of any transaction you participate in through the Application, or using the Smart Contracts, or any other transaction. it performs through the Polygon network.
- Polygon requires the payment of a transaction fee (a "Gas Fee") for each transaction that occurs on the Polygon network. The gas fee funds the network of computers that run the decentralized Polygon network. This means that you will have to pay a gas fee for each transaction that is made through the application. The gas rate is not for us and we have no control over its price.
- All prices paid are exclusive of any duties or charges. 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 hereafter 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 of a REGALIS. Except for income and net worth taxes levied by the Company, 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 duties or other import or export taxes, and amounts charged in their place based on charges, services rendered, or payments made in hereunder, as they are now or in the future, may be enforced under the authority of any national, state, local or other taxing jurisdiction; and (ii) you will not have the right to deduct the amount of any such taxes, duties or assessments from payments made to us under these Terms. You confirm that you are not a resident of Switzerland or the United States and are not registered for goods and services tax in Switzerland or the United States.
- OWNERSHIP AND RESTRICTIONS
- Ownership
- You own the Token that represents one of the copies of the NFT. Each REGALIS is a copy of the NFT on the Polygon blockchain. When you buy an NFT, you own one of the REGALIS copies. Ownership of the NFT is fully mediated by the Smart Contract and the Polygon Network: at no time can we seize, freeze or modify the ownership of any REGALIS.
- Personal use. Subject to your continued compliance with these Terms, the Company grants you a worldwide, exclusive, royalty-free license to use, copy, and display the Purchased Art, along with any extensions you choose to create or use, solely for the following purposes: (i ) for your own personal, non-commercial use; (ii) as part of a marketplace that allows the buying and selling of your REGALIS/NFTs, provided that the marketplace cryptographically verifies the rights of each owner of the REGALIS Tokens to display the Art for their REGALIS to ensure that only the actual owner can show the Art
- Aas part of a third party website or application that allows the inclusion, participation or participation of your REGALIS, provided that the website / application cryptographically verifies the rights of each REGALIS owner to display the Art for your REGALIS for ensure that only The Owner can display the Art, and provided that the Art is no longer visible once the owner of the REGALIS leaves the Website or App.
- Commercial use. Subject to your continued compliance with these Terms, the Company grants you an unlimited, worldwide, exclusive license to use, copy, and display the Purchased Art for the purpose of creating derivative works based on the Art ("Commercial Use"). Examples of such commercial use would be, for example, the use of the Art to produce and sell commercial products (t-shirts, etc.) that feature copies of the Art. For the sake of clarity, nothing in this Section shall be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of REGALIS generally, provided that the marketplace cryptographically verifies the rights of each REGALIS owner to display the Art for your GIFTS to ensure that only the actual owner can display the Art; (ii) owning or operating a third-party website or application that enables REGALIS inclusion, participation, or participation generally, provided that the third-party website or application cryptographically verifies the rights of each REGALIS owner to display the Art for your REGALIS to ensure that only the actual owner can display the Art, and provided that the Art is no longer viewable once the owner of the Purchased REGALIS leaves the Website/App; or (iii) earn income from any of the foregoing.
- Restrictions
- TERMINATION
- ASSUMPTION OF RISK
- There are risks associated with the use of cryptocurrencies, 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 stored information. in your wallet. You agree and acknowledge that the Company shall not be liable for any communication failures, interruptions, errors, distortions, or delays you may experience while using the Polygon network, regardless of cause.
- You are solely responsible for determining what taxes, if any, apply to your REGALIS-related transactions. The Company is not responsible for determining the Taxes that apply to your transactions on the Application, the Site or the Smart Contracts.
- The application does not store, send or receive REGALIS. This is because REGALIS exist only by virtue of the ownership record maintained on the application support blockchain on the Polygon network. Any transfer of REGALIS occurs within the supporting blockchain on the Polygon network, and not in the Application.
- Blockchain asset prices are very volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your REGALIS, which may also be subject to significant price volatility. We cannot guarantee that any REGALIS buyer will lose money.
- Risk of loss of private key or passphrase(s): Company is not responsible for your private keys, which you need to access Tokens or NFTs. It is your sole responsibility to protect your private keys. In case of loss, the company is not responsible.
- The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the REGALIS ecosystem, and thus the utility or potential value of REGALIS.
- Updates from Polygon to the Polygon platform, a hard fork on the Polygon platform, or a change in the way transactions are confirmed on the Polygon platform may have unintended adverse effects on all blockchain using the standard. ERC-721, including the REGALIS ecosystem.
- LIMITATION OF WARRANTY, LIABILITY AND DISCLAIMERS
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE APPLICATION IS AT YOUR SOLE 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 FULLEST EXTENT PERMITTED 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 WEBSITE), 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 MAKE NO REPRESENTATIONS OR WARRANTIES 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) THE USE DATA PROVIDED THROUGH THE APPLICATION WILL BE ACCURATE, (III) THE APPLICATION OR ANY CONTENT, SERVICES OR FEATURES AVAILABLE ON OR THROUGH THE APPLICATION ARE FREE OF VIRUSES OR OTHER COMPONENTS HARMFUL, OR (IV) THAT ANY DATA YOU DISCLOSE WHEN USING THE APPLICATION WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONSUMER CONTRACTS, 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 YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY BREACH OF SECURITY.
- WE SHALL NOT BE LIABLE OR LIABLE TO YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF YOUR USE OF THE POLYGON NETWORK OR THE METAMASK WALLET, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING OUT OF: (i) ERRORS USER, SUCH AS FORGOTTEN PASSWORDS OR SMART CONTRACTS OR OTHER IMPROPERLY CONSTRUCTED TRANSACTIONS; (ii) SERVER FAILURE OR LOSS OF DATA; (iii) DAMAGED WALLET FILES; OR (iv) UNAUTHORIZED ACCESS TO OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACKING THE APPLICATION, THE POLYGON NETWORK OR THE METAMASK E-WALLET.
- ROYALTIES ARE INTANGIBLE DIGITAL OBJECTS THAT EXIST SOLELY BY VIRTUE OF PROPERTY RECORD MAINTAINED ON THE POLYGON NETWORK. ALL SMART CONTRACTS ARE CONDUCTED AND PERFORMED IN THE GREATEST DECENTRALIZED PLATFORM WITHIN THE POLYGON PLATFORM. WE HAVE NO CONTROL AND MAKE NO WARRANTIES OR PROMISES REGARDING SMART CONTRACTS.
- THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSSES DUE TO BLOCKCHAIN OR ANY OTHER FEATURES OF THE POLYGON NETWORK OR THE METAMASK ELECTRONIC WALLET, INCLUDING, BUT NOT LIMITED TO DEVELOPERS' OR REPRESENTATIVES' LATE REPORTING (OR ANY REPORTING) OF ANY PROBLEMS WITH THE BLOCK. SUPPORT FOR THE POLYGON NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES RESULTING IN LOSS OF FUNDS.
- INDEMNIFICATION
- THIRD PARTY SITES
- CHANGES TO THE TERMS
- CHILDREN
- CLASS ACTION WAIVER
- PRIVACY POLICY
- GENERAL
- LAW AND JURISDICTION
- MISCELLANEOUS
By using the Application and/or purchasing NFTs, you confirm that you are not listed or associated with any person or entity on the U.S. Department of Commerce's List of Denied Persons or Entities, Especially Nationals. U.S. Department of the Treasury Designated O Blocked Persons Lists, the U.S. Department of State Prohibited Parties List, the EU Consolidated List of Persons, Groups, and Entities subject to EU Financial Sanctions, or the General List of Sanctioned Persons, Entities and Organizations of the Swiss SECO. You further confirm that you are not a resident, citizen, or located in a geographic area subject to UN, US, EU, and Swiss embargoes. You further confirm that you are not a resident of Switzerland or the United States.
You confirm that you are not domiciled or organized under the laws of any country, the laws of which conflict with the current purchase of NFTs on the Polygon blockchain or with the purpose of The Company in general. You agree that you may not, nor permit any third party to do or attempt to do, any of the foregoing without the express prior written consent of The Company in each case: (ii) use the Artwork for your purchased REGALIS to advertise, market, or sell any third party products or services; (ii) use the Art for your purchased GIFTS in connection with images, videos, or other forms of media that depict hate, bigotry, violence, cruelty, or anything else that could reasonably constitute hate speech or infringe rights. of others; (iii) sell, distribute for commercial gain (including, without limitation, giving away in the hope of eventual commercial gain), or otherwise market merchandise that includes, contains, or consists of the Art of your purchased REGALIS, except as provided expressly permitted in these terms; (iv) attempt to register trademarks, copyrights or acquire additional intellectual property rights in the Art of your purchased REGALIS; or (for example, intellectual property licensed from a celebrity, athlete, or other public figure), you understand and agree that: (v) you will have no right to use such third party intellectual property in any way.
In the event of any Force Majeure Event (including a pandemic), breach of these Terms, or any other event that makes the provision of the Application or the Site commercially unreasonable for the Company, we may, at our discretion and without liability to you, with or without notice, suspend your access to all or any part of the Application or the Site.
We may terminate your access to the Application or the Site to the extent technically possible in our sole discretion, immediately and without notice, and delete or deactivate your Account and all related information and files in such account without liability to you. you, including, for example, in the event that you breach any term of these Terms.
You agree and acknowledge each of the following:
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF OBJECTIVE AND OBJECTIVE WARRANTIES. OTHERWISE ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
To the fullest extent permitted by applicable law: (i) in no event shall the company or any of its subsidiaries, affiliates, directors and licensors be liable for any damages, whether direct, indirect, special, incidental or consequential, from any kind. (including, but not limited to, when related to loss of revenue, revenue or profits, loss of use or data, or business interruption damages) arising out of or in any way related to the sale or use of the NFT, the Application, the Site, or otherwise in connection with these Terms, regardless of the form of action, whether in contract, tort (including, without limitation, simple negligence, whether active, passive, or imputed), or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
You agree that you will be responsible for your use of the Application or the Site and that you possess one or more of the Company's NFTs and you agree to defend, indemnify and hold harmless The Company and its officers, directors, employees, consultants, affiliates , subsidiaries and agents (collectively, the "Company Entities") from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, arising out of or related to in any way with (i) your access, use, or suspected use of the Application, the Site, or the Token at any time; (ii) your violation of these Terms or any representation, warranty or agreement referenced herein, or any
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, we are not monitoring their content and we provide the respective links for informational purposes only. You acknowledge and agree that we are not responsible for the availability of any External Site and do not endorse any advertising, products or other content or material on or available from any External Site. Furthermore, you acknowledge and agree that we are not responsible for any loss or damage that may occur as a result of the availability or unavailability of External Sites, or as a result of any reliance placed by you on their completeness, accuracy, or existence. of any advertising, products or other content or material on or available from any External Site.
These Terms may change from time to time, including, without limitation, in the event of changes to our Application or Site and for any other event that the company deems appropriate to improve the user experience.
You affirm that you are over 13 years of age, as the application is not intended for children under 13 years of age. IF YOU ARE 13 YEARS OF AGE OR OLDER BUT UNDER THE AGE OF 18 OR THE LEGAL AGE OF 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 THAT YOUR PARENT OR GUARDIAN REVIEWS AND ACCEPTS THESE TERMS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AND AGREE TO THESE 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. WHAT HE OR SHE MAY INCUR.
ALL CLAIMS AND DISPUTE WITHIN THE SCOPE OF THESE TERMS MUST be litigated individually COLLECTIVE NO CLASS OR ONLY RELIEF AVAILABLE INDIVIDUAL AND CLAIMS MORE THAN YOU CAN NOT YOU OR WITH THAT PERSONAL CONSOLIDATE OR USER.
Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and hereby is incorporated by this reference into these Terms. Consent to the collection, use, storage and disclosure of your data in accordance with our Privacy Policy.
If any provision of these terms are unenforceable as drafted, but could be changed to make it enforceable, this provision should be amended to the minimum extent necessary to make it enforceable. Otherwise, this provision should be deleted.
You cannot transfer the contract with the company. The company may transfer the contract to any subsidiary of any other company that obtains control of the company or any other company to buy company assets related to the forum. Any attempted assignment against these terms have no legal effect.
Or the exercise of any rights under this Agreement or waiver of any breach of this Agreement, waiving any other breach of this Agreement.
These Terms and all claims relating to this Agreement or arising out of it, or breach of the same, whether in contract, tort or otherwise, shall be governed by Dutch law, excluding the principles of choice of Dutch law
Any dispute, controversy or claim arising out of or in connection with this Agreement, including the validity, invalidity, breach or termination of the same, shall be settled by the cantonal court of the canton of Limburg, Netherlands.
These Terms and any policies or operating rules posted by us on the Site, the Application or with respect to the Site or the Application constitute the entire agreement and understanding between you and the Company. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms operate to the fullest extent permitted by law. We will not be liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is found to be illegal, void and unenforceable, that provision or part of a provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or your use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signature by the parties to execute these Terms.