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Terms of Service

ETNAH is a platform that allows users to purchase NFT artworks. This Terms of Service are entered into by and between user and ETNAH (“ETNAH”, “Platform”, “we”, or “us”). The following terms, together with any documents they expressly incorporate by reference, govern your access to and use of ETNAH, including any content, functionality, and services offered on or through ETNAH.

1. General Legal Terms

These Terms of Service apply without restriction or reservation to any use of the Services and are enforceable as soon as they are agreed by users. Such consent shall be given prior to buying an artwork on ETNAH. These Terms of Service constitute the entire agreement between users and ETNAH.

ETNAH reserves the right to adapt and/or modify these Terms of Service at any time in our sole discretion. The new version of the Terms of Service then applies to any purchase made after they have been posted online. Consequently, the user is invited to read the applicable version of the Terms of Service before purchasing an artwork. On any event, the version of the Terms of Service applicable to Buyer is the one agreed by the User at the time of the validation of their purchase. The online documents agreed shall take precedence over all paper or electronic version of earlier dates.

These Terms of Service are accessible on the website via the “Terms of Service” section.

The Website may contain links and/or content from third-party websites and/or resources. Such third-party websites and/or resources may be subject to different terms and conditions and privacy practices. ETNAH is not responsible nor liable for the availability and/or accuracy of such third-party websites. Links to such third-party websites cannot be construed as an endorsement by ETNAH of such third-party websites.

Any information relating to any artwork is provided in good faith by ETNAH and best endeavors have been made to ensure accuracy at the time of publishing on this site. However, we reserve the right to change such information at any time. We will not be liable for any loss or inconvenience that results from the supply of any information that proves to be inaccurate or incorrect due to error or further research proving such inaccuracies.

We do not guarantee the accuracy, completeness, or usefulness of any information on the platform or the content nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties.

Users acknowledge that they have read, understand, and will be bound by these Terms of Service.

2. ETNAH’s Business

ETNAH provides a platform for users including artists and collectors to sell, purchase, list for auction, make offers on, and bid on digital artworks.

Digital artwork on the platform refers to non-fungible token that uses smart contracts on blockchain. The blockchain provides 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 ETNAH and is subject to many risks and uncertainties. ETNAH neither owns nor controls smart contracts on which NFTs are based, or any third-party sites, product, or service that user might access, visit or use for the purpose of enabling themselves to us the various features of the platform.

ETNAH is not liable for the acts or omissions of any such third parties, nor will we be liable for any damage that users may suffer as a result of transactions or any other interactions with any such third parties. Users understand that their public address will be made publicly visible whenever users engage in a transaction on ETNAH.

3. How to use ETNAH

1) Registration Obligations

Anyone can browse the platform without registering for an account. Users may be required to register with ETNAH in order to access and use certain features on the platform. If users choose to register for the platform, users agree to provide and maintain true, accurate, current and complete information about themselves as prompted by the registration form. Registration data and certain other information about users are governed by ETNAH’s private policy.

Users must be at least 14 years old to be registered to create and trade Digital Artworks. Users are responsible for anything that occurs when anyone is signed into their accounts, as well as the security of the accounts.

2) Member Account, Password, and Security

Users are responsible for maintaining the confidentiality of their accounts and passwords, if any, and are fully responsible for any and all activities that occur under their passwords or accounts.

Users agree to immediately notify ETNAH of any unauthorized use of their passwords or accounts or any other breach of security, and ensure that users exit from their accounts at the end of each session when accessing the platform. ETNAH will not be liable for any loss or damage arising from user’s failure to comply with this Section.

3) Connecting Wallet

In order to participate to purchase NFT artworks on the platform, users must connect their accounts to their digital wallet supported on MetaMask, Kaikas, or other digital wallet extensions or gateways as allowed on the platform, such digital wallets allow you to purchase, store, and engage in transactions using the cryptocurrencies.

4) Modifications to the Platform

ETNAH reserves the rights to modify or discontinue, temporarily or permanently with or without notice. Users agree that ETNAH will not be liable to them or any third party for any modification, suspension, or discontinuance of the platform. It is user’s sole responsibility to check the platform to view any such changes in this Terms of Service.

In any part of these Terms of Service is held or found to be invalid or unenforceable, that portion will be construed as to be consistent with applicable law while the remaining portions of the Terms and Service will remain in full force and effect.

4. Acceptable and Prohibited User activities on ETNAH

1) Acceptable Uses

ETNAH platform and the NFTs on the platform are reserved exclusively for lawful consumer entertainment and artistic purposes.

2) Prohibited Uses

Users must not directly and indirectly;

  • commit any violation of applicable laws, rules or regulations or defame, abuse, harass, or violate the legal rights of others;

  • engage in or knowingly facilitate any “front-running”, ‘wash-trading” or fraudulent, deceptive or manipulative trading activities;

  • engage or attempt to engage in or assist any attack on ETNAH or any member of the ETNAH community, including theft of NFTs or upload files that contain viruses or any other similar software or programs that may damage the operation of another’s computer or property;

  • interfere with or disrupt the platform or servers or networks connected to the platform in any manner that could negatively affect or inhibit other users from fully enjoying the platform or that could damage, disable, overburden or impair the functioning of the platform in any manner;

  • disobey any requirements, procedures, policies or regulations of networks connected to the platform

6. Rules on Intellectual Property Rights on ETNAH

1) Artist’s Rights

The artist owns all legal right, title, and interest in all intellectual property rights of the content underlying NFT Artworks minted on the platform including but not limited to copyrights and trademarks in the content. As the copyright owner, the artist has the right to reproduce, prepare derivatives of, distribute, and display or perform the content.

The artist acknowledges, understands, and agrees that selling such NFT artworks on the platform constitutes an express representation, warranty, and covenant that the artists has not sold, tokenized or created another cryptographic token, and will not and will not cause another to sell, tokenize, create another cryptographic token, in each case representing a digital collectible for the same art content underlying such NFT artworks.

By launching any NFT artworks on the platform, the artist expressly and affirmatively grants to the collectors who purchase the digital artworks and to the extent applicable any subsequent buyers in a secondary sale a license pursuant to below section.

The artist expressly represents and warrants that its art content underlying any NFT artworks launched on the platform contain only original content otherwise authorized for use by the artist and do not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, or other unoriginal content not created by the artist.

2) Collector’s rights

The collector receives a cryptographic token representing the 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.

Upon regally collecting and obtaining ownership of any NFT artworks launched on the platform, the collector receives a limited, worldwide, non-transferable license to display the art content underlying such NFT artworks solely for the collector’s non-commercial purpose, including the right to display such art content privately or publicly for the purpose of promoting or sharing the collector’s purchase, ownership, or interest in such digital artwork.

If a collector sells, trades, or transfers his/her NFT artworks to a subsequent collector, regardless of whether on or off the Platform, such collector represents and warrants that it will notify the subsequent collector of these terms and require the subsequent collector to comply with these Terms.

7. Platform Transaction Fee

Users agree and understand that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the smart contracts on the blockchain network.

The fees for an initial sale of NFT artworks launched on the Platform (“Initial Sale”) is as follows:

  • Artists receive 85% of the total sales price of an Initial Sale.

  • ETNAH collects 15% of the total sales price of an Initial Sale.

The fees for a secondary sale off the Platform of NFT artworks launched on the Platform (“Secondary Sale”) follows the terms and conditions of each third-party platform.

ETNAH does not generally collect any fees, commissions, or royalties for transactions occurring outside of the Platform. Artists can set royalties up to 10% of the total sales price of a Secondary Sale on each third-party platform. Users irrevocably release, acquit, and forever discharge ETNAH and its affiliates of any liability for royalties, fines, or fees not received from any transaction outside of the Platform.

All transactions on the Platform, including without limitation minting, tokenizing, bidding, listing, offering, purchasing, or confirming are facilitated by smart contracts. The Ethereum network requires the payment of a transaction fee (a “Gas fee”) for every transaction that occurs on the Ethereum network, and thus every transaction occurring on the Platform. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of ETNAH. The user acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable.

All transaction involving on ETNAH is final. All fees relating are non-refundable except at the sole discretion of ETNAH for service fees and other fees within its control.

8. Termination Rights

ETNAH has the right to remove or limit a user’s access to the platform in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. ETNAH has the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.

9. Other Legal Terms

The service is provided “as is” without warranty of any kind. Without limiting the foregoing, we expressively disclaim all warranties, whether express, implied, or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

We make no warranty or representation that access to or operation of the service will be uninterrupted or error free. Users assume full responsibility and risk of loss resulting from their activities on the platform, including use of files, information, content, or other material obtained from the service.