Terms & Conditions

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ARTCREEDS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We will also notify you, either through the Platform user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Platform will be effective immediately. Your continued use of the Platform after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We will also notify you, either through the Platform user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Platform will be effective immediately. Your continued use of the Platform after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

1) What is Axcreed? Axcreed provides a platform for Users, including artists (“Creators”), collectors (“Collectors”), and curators (“Curators”) to sell, purchase, list for auction, make offers on, and bid on (each a “Transaction”) Digital Artwork (as defined below).

a) Smart-Contract Enabled. “Digital Artwork” on the Platform refers to a non-fungible blockchain-based token that uses smart contracts on the applicable blockchain (“Smart Contracts”). Such blockchains provide an immutable ledger of all transactions that occur on the blockchain. This means that all Digital Artwork is outside of the control of any one party, including Axcreed, and is subject to many risks and uncertainties. We neither own nor control MetaMask, Coinbase, the blockchain networks, the smart contracts on which Collections (as defined below) are based (“Collection Smart Contracts”), your browser, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. You understand that your blockchain public address will be made publicly visible whenever you engage in a Transaction on the Platform.

b) Noncustodial. While Axcreed offers a marketplace for Digital Artwork, it does not buy, sell, or ever take custody or possession of any Digital Artwork. The Platform facilitates User collection of Digital Artwork, but neither Axcreed nor the Platform are custodians of any Digital Artwork. The User understands and acknowledges that the Smart Contracts do not give Axcreed custody, possession, or control of any Digital Artwork or cryptocurrency at any time for the purpose of facilitating Transactions on the Platform. You affirm that you are aware and acknowledge that Axcreed is a non-custodial service provider and has designed the Platform to be directly accessible by the Users without any involvement or actions taken by Axcreed or any third-party. Axcreed facilitates Transactions between the Users on the Platform but is not a party to any agreement between any sellers, buyers, Creators, Collectors, and other Users. As a marketplace, Axcreed cannot make any representation or guarantee that Creators or Users will achieve any particular outcome as the result of listing their Digital Artwork or engaging in any other Transaction on the Platform.

c) Securities. The digital assets about which information is provided on the Platform and any information provided in connection with the Platform provided to you are not viewed by the issuer or sponsor of any such digital assets, or those buying or selling the digital asset, as securities under U.S. laws or relevant applicable laws. As a result it is unlikely that fulsome disclosures from the issuer or sponsor, or any executive officer associated with the digital asset or related protocol have been provided, and others may have better or more information than the information made available to you via the Platform or any information provided in connection with the Platform provided to you, or to which you may independently have access. To safeguard our users' accounts, we implement a withdrawal limit for new users. This measure prevents unauthorized access or hacking attempts. Furthermore, the limit is designed to be flexible, allowing users to gradually increase their withdrawal amounts without encountering any issues. While we prioritize the security of our users' accounts, we acknowledge that certain risks cannot be entirely eliminated. Therefore, the withdrawal limit serves as a security measure, triggering a withdrawal verification process for new accounts. Once this verification is completed, users can withdraw funds without further limitations.

2) How do I use Axcreed?

a) Your Registration Obligations: Anyone can browse the Platform without registering for an account. You may be required to register with Axcreed in order to access and use certain features on the Platform, such as participating as a Creator or Collector. If you choose to register for the Platform, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be at least 13 years old to register for an account as a Creator, and at least 18 years old to place a bid on any Digital Artwork. If you are between 13 and 18 years old, you must have the expressed permission of a parent or legal guardian who can accept these Terms on your behalf. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account.

b) Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your account and password, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Axcreed of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Platform. Axcreed will not be liable for any loss or damage arising from your failure to comply with this Section.

c) Connecting your Wallet: In order to participate as a Creator or Collector on the Platform, you must deposit to your digital wallet supported or other wallet extensions. Such digital wallets allow you to purchase, store, and engage in transactions using the cryptocurrency native to the applicable blockchain network with which you are engaging. All Transactions on the Platform are in such native cryptocurrency.

d) Modifications to the Platform: Axcreed reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that Axcreed will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.

3) What are the rules for using Axcreed?

a) Restrictions During your use of the Platform, you shall refrain from engaging in any deceptive or manipulative trading activities, either directly or indirectly. This includes bidding on your own items, preventing bidding, placing misleading bids or offers. It is not permissible to use the Platform to conceal economic activity or distribute any content, including User Content (as defined below), that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to do so under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person or entity; (v) constitutes unsolicited or unauthorized advertising, promotional materials. Engaging in commercial activities and/or sales, sending unsolicited emails or other forms of solicitation, or participating in activities such as "junk mail," "spam," "chain letters," "pyramid schemes," "contests," or "sweepstakes" (except for lawful Promotions allowed by these Terms) is prohibited. Content that is unlawful, abusive, harassing, defamatory, obscene, pornographic, or otherwise objectionable is not allowed on the platform. Users must not interfere with the functioning of the platform or networks connected to it, violate any laws or regulations, create counterfeit items, impersonate others, or solicit personal information from minors. Harvesting email addresses or contact information for unsolicited communications is also prohibited.

b) Promotions: In the event that you utilize the Platform to facilitate communication or administration of sweepstakes, contests, and other promotional activities (hereinafter referred to as "Promotions"), you assume sole responsibility for ensuring compliance with all applicable laws and regulations, as well as these Terms. The Promotion Rules must, at a minimum, encompass a set of official regulations that align with these Terms and explicitly include: (i) a comprehensive release of Axcreed by each participant in the Promotion, and (ii) an acknowledgment stating that the Promotion is not sponsored, endorsed, administered by, or otherwise associated with Axcreed or our Affiliates (as defined below). You hereby agree to conduct your Promotion in strict accordance with the Promotion Rules. Axcreed will not provide assistance with the administration or operation of your Promotion, nor offer any advice in connection therewith. You assume all risks associated with your utilization of the Platform for administering your Promotion. Axcreed reserves the exclusive right to restrict, limit, or deny any Promotions and associated sales or auctions for any reason, at any time.
c) Perks: If you sell, promise, administer, or otherwise provide special perks, physical artworks, discounts, coupons, experiences, or opportunities (“Perks”) in connection with your sale or auction of Digital Artwork on the Platform, you are solely responsible for complying with, and will ensure that your Perks comply with, all applicable laws and regulations and these Terms. If you make a bid or offer for, or attempt to purchase or purchase, Digital Artwork associated with any Perks, you acknowledge that Axcreed makes no guarantee, representation, warranty or recommendation and provides no investment or other advice in connection with any Perks or otherwise as a result of holding or owning the Digital Artwork associated with any Perks.

Axcreed will not assist you with the administration, operation, redemption, exercise, enforcement or other use of Perks, or provide you with any advice in connection therewith. You assume all risk associated with Perks, including your use of the Platform in connection with Perks. Axcreed reserves the right, at its sole discretion, to restrict, limit, or deny any Digital Artwork sales or auctions associated with Perks for any reason, at any time.

4) What are the intellectual property rights on the Platform?

a) Creator Rights: The Creator owns all legal right, title, and interest in all intellectual property rights of the content underlying the Digital Artwork minted on the Platform or using Third Party Tools (as defined below) with which the Platform may integrate (such underlying content, the “Art Content”) and any content specific to a Collection that is not the Digital Artwork within a Collection (“Collection Content”), including but not limited to copyrights and trademarks in the Art Content and Collection Content, unless the Creator expressly transfers any such right, title or interest to a Collector or other third party. As the copyright owner, the Creator has the right to reproduce, prepare derivatives of, distribute, and display or perform the Art Content and Collection Content.

The Creator hereby acknowledges, understands, and agrees that selling such Digital Artwork on the Platform constitutes an express representation, warranty, and covenant that the Creator (a) has not sold, tokenized or created another cryptographic token, (b) will not, and will not cause another to, sell, tokenize, or create another cryptographic token, in each case representing a digital collectible for the same Art Content underlying such Digital Artwork, and (c) will not make any erroneous or misleading statements regarding any Digital Artwork, Art Content, Collections or Collection Content (including in connection with any sales thereof).

b) Axcreed Rights to Art Content, Collection Content and Non-Axcreed Content: User hereby acknowledges, understands, and agrees that by launching, listing, or selling any Digital Artwork (including Non-Axcreed Artwork) on the Platform, User hereby expressly and affirmatively grants to Axcreed, and its Affiliates (as defined below) and its and their successors, a non-exclusive, world-wide, transferable, sublicensable, perpetual, irrevocable, and royalty-free license to (a) reproduce, display, perform, distribute and transmit the Art Content or Non-Axcreed Content underlying such Digital Artwork, and Collection Content, for the purpose of operating and developing the Platform, and (b) use and incorporate the Art Content or Non-Axcreed Content underlying such Digital Artwork, and Collection Content, or derivative works of any of the foregoing, on any marketing materials, and to reproduce, display, perform, display and transmit such marketing materials on any media whether now known or later discovered for the purposes of operating, promoting, sharing, marketing, and advertising the Platform.

c) Collector Rights: i) The Collector receives a cryptographic token representing the Creator’s Art Content as a piece of property but does not own the Art Content itself or any intellectual property rights therein. The Collector may display and share the Art Content, but the Collector does not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the Art Content, except the limited license to the Art Content granted by these Terms.

ii) While the Collector has the right to sell, trade, transfer, or use their Digital Artwork, the Collector may not make commercial use of the Digital Artwork or its underlying Art Content, unless the Creator expressly grants such rights separately to the Collector.

iii) If a Collector sells, trades or transfers its Digital Artwork to a subsequent Collector, regardless of whether on or off the Platform, such Collector represents and warrants that it will (i) notify the subsequent Collector of these Terms and (ii) require the subsequent Collector to comply with these Terms.

iv) The Collector acknowledges that it will not, and will not allow any third party to, do or attempt any of the following without the Creator's express prior written agreement in each case: (i) modify, distort, mutilate, or perform any other modification to the Art Content that would be prejudicial to the Creator's honour or reputation; (ii) use the Digital Artwork or underlying Art Content to advertise, market, or sell any third-party product or service; and (iii) use the Digital Artwork or underlying Art Content in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably iv) include the Digital Artwork or underlying Art Content in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is specifically permitted by these Terms or solely for the collector's personal, non-commercial use. (v) sell, distribute for profit, or otherwise commercialize merchandise that includes, contains, or consists of the Digital Artwork or underlying Art Content; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Digital Artwork or underlying Art Content; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same Digital Artwork or underlying Art Content, whether (viii) distort, misrepresent, or obscure the authorship of Digital art. br/>
vi) Collector irrevocably releases, acquits, and forever discharges Axcreed and its Affiliates and it and their officers and successors of any liability for direct or indirect copyright or trademark infringement for Axcreed’s use of any Digital Artwork or underlying Art Content, or any Collection Content, in accordance with these Terms.

d) Curator Rights and Worlds: A Curator may create an exhibition of Digital Artwork (a “World”) and designate a certain number of sellers of Digital Artwork who may list Digital Artwork for sale or auction as part of such World (“Worlds Sellers”). For each World, Worlds Sellers may only list Digital Artwork that are stored in their Digital Wallet(s). The Curator does not acquire any rights, title, or interest in or to the Digital Artwork listed for sale or auction in a World by virtue of creating a World. The Curator sets the Fee it will receive for each sale or completed auction of Digital Artwork for each World (“Curator Fee”). The sales of Digital Artwork in Worlds are also subject to the Fees set forth in Section 5 below.

Axcreed may preserve User Content and may also disclose such content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Axcreed, its Users and the public. You understand that the technical processing and transmission of the Platform, including User Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

h) Copyright Complaints: Axcreed will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to support@axcreed.com (Subject line: “DMCA Takedown Request”).

To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may find it on the Platform;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

j) Repeat Infringer Policy In accordance with the DMCA and other applicable law, Axcreed has adopted a policy of terminating, in appropriate circumstances and at Axcreed's sole discretion, Users who are deemed to be repeat infringers. Axcreed may also at its sole discretion (i) limit access to the Platform and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement and (ii) terminate any Collector License related to a DMCA takedown notice.

k) User Cooperation with Axcreed The Creator explicitly consents to refunding the Collector and/or Axcreed, at Axcreed' direction, the entire portion of Fees (as defined below) received from the sale of any Digital Artwork that was subsequently removed from the Platform pursuant to a valid DMCA request to which the Creator failed to submit a timely and effective DMCA Counternotification. Axcreed shall bear no liability to any User for removing allegedly infringing works from the Platform or otherwise fulfilling its legal obligations under the DMCA.

Creators, Collectors, and all Users explicitly agree to cooperate and respond promptly to Axcreed' investigations, requests, and inquiries related to DMCA disputes or allegations of infringement.