Welcome, and thank you for visiting the website owned by ART TECHNOLOGIES LIMITED (Company number 12560270), registered in England and Wales, with its registered office at Arquen House 4-6 Spicer Street, Spicer Street, St.Albans, Hertfordshire, England, AL3 4PQ. If you need to contact us, please use our email address: contact@verse.works. This website, available at https://www.verse.works (hereinafter referred to as the “Website” or “Site”), is designed as a centralized digital art marketplace. Users can purchase artworks using fiat or crypto currencies. NFTs on the platform are held in a custodial wallet by default, with the option for users to withdraw these to an external wallet at their discretion. Please note that the use of the Marketplace, the Website, and the Services provided is governed by the following terms and conditions (“T&Cs”).

For the purposes of this document, USER (hereinafter referenced as either "You", "User(s)) include registered users, visitors who access the Website in any manner, Artists that host their NFTs on the Website, and NFT holders and artists who use the Website. These T&Cs shall be effective commencing 2022-03-29. Users shall carefully read these T&Cs, our Privacy Policy and our White paper to ensure a full understanding of the Marketplace and the consequences that the access and/or use of the Site entails.

Please, be advised that this document may be updated and or modified pursuant to VERSE’s sole discretion. By visiting or using the functionalities available on the Site you agree to be bound by the latest version. Therefore, please visit this section frequently. If you are interested in receiving more information, making suggestions or filing complaints regarding these T&Cs, you can do so by sending an email to: contact@arttechnologies.com.

VERSE has no contractual obligation of any kind in force with any User. You bear full responsibility for verifying the identity, legitimacy, and authenticity of the NFTs you purchase from Artists in the Marketplace and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs hosted on the Site.

PLEASE READ CAREFULLY THIS DOCUMENT AS IT AFFECTS YOUR OBLIGATIONS AND LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS AND LIMITATION OF LIABILITY. BY REGISTERING ON THE SITE AND/OR USING THE MARKETPLACE AND/OR ITS OTHER FUNCTIONALITIES YOU AGREE TO THE TERMS AND CONDITIONS DETAILED HEREIN.

Definitions

“Artists” means third-party sellers who host their NFT art on the Marketplace.
“Buyer” means third-party purchasers who purchase Artist’s NFTs on the Marketplace.
"Company" means ART TECHNOLOGIES LIMITED and its respective past, present and future successors, assigns, affiliates, companies of the same group, employees, officers, directors, contractors, consultants, attorneys, accountants, financial advisors, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors.
"Damages" means damages, losses, liabilities, costs or expenses of any kind, whether direct or indirect, consequential, compensatory, incidental, actual, exemplary, punitive or special and including, without limitation, any loss of business, revenues, profits, data, use, goodwill or other intangible losses.
"Marketplace" means the marketplace described in the White Paper.
"Privacy Policy" means the document describing the methods how the Company collects, uses and releases Personal Information collected from Users available on the Website (as may be amended from time to time).
"Services" means the services the Company provide trough the Website as specifically described in the White Paper.
“User(s)” means Artists and Buyers collectively or any of them indistinctly.
“Website” means https://www.verse.works and all subdomains and all its respective pages.
“White Paper” means the document describing the Marketplace, the Services, and other matters available at: www.verse.works (as may be amended from time to time).

Users acknowledge, understand and agree that there are risks associated with purchasing and selling NFTs, including other risks not discussed herein. Crypto assets are inherently risky and VERSE advises Users to consider this risk before buying and selling NFTs. The purchase of NFTs within the Marketplace is non-refundable and cannot be cancelled. The Company reserves the right to refuse or cancel NFTs purchase requests at any time at its sole discretion.

All activity and use of crypto assets is highly unregulated and the value of NFTs can be quite volatile and unpredictable. This might result in significant losses in a short time, including a possible loss of total value. Moreover, the regulatory regime governing NFTs, and blockchain technology in general, at the state, federal, or international level, may adversely affect the use, transfer, exchange and value of NFTs, the development and/or use of the Marketplace, the Website and/or the Services.

There are risks inherent to the technology including fraud, expropriation, hack, theft, cyber attack, malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing and spoofing, bugs and/or technological difficulties that might prevent Users’ access to the Marketplace, the Website and/or the Services. In the event of any of such situations, Users are not guaranteed any remedy, refund or compensation.

You acknowledge and understand that your use of the Website is at your own risk. The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. The Company makes no representations about the suitability, reliability, availability, timeliness and accuracy of the Marketplace, the NFT’s, information, software, products, Services and related graphics contained on the Website for any purpose. The Company will not be responsible for any failures, disruptions, errors, distortions or delays you may experience when using the Website whatever the cause might be. By using the Website you expressly acknowledge and assume all risks.

By using the Website, you agree to comply with these T&Cs. The use of the Website, its products, services and the Marketplace is exclusive to those who have accepted these T&Cs. VERSE may, from time to time, revise these T&Cs and the revised version shall be effective at the time of its posting on the Website, unless otherwise clarified. Where the changes to these T&Cs increase User responsibilities or reduce User rights, VERSE shall provide a notice and guarantee Users advance notice as required by applicable law. The User shall be deemed to have consented to be bound by the new T&Cs by continuing to use the Website. In the event the User does not consent to the changes to the T&Cs, the User shall stop accessing the Website and using the Marketplace whatsoever.

1. Minting
VERSE will receive from Artists all the details regarding their artwork to be hosted on the Marketplace (including image, description, etc) at the following email address contact@arttechnologies.co and we will mint the NFT using our smart contract. We will implement EIP-2981 NFT royalty standard allowing artists to benefit from royalties if their NFT is sold in other marketplaces. NFT metadata and image is stored on IPFS. VERSE cannot burn or transfer NFTs owned by other wallets. VERSE will set artist royalties compatible with EIP-2981 standard at mint time. Artists at all times will own their NFT. VERSE is merely a provider of minting services and offering the NFTs for sale in the Marketplace.
Every time a Buyer purchases a NFT, we collect the payment and transfer the money to the Artist while keeping a commission.

2. Primary market
Within VERSE Marketplace, Users can purchase NFTs with fiat currencies using a credit card, or crypto currencies via USDC stablecoin deposits (through Third-Party Applications). The Company will not directly handle or otherwise process the USDC deposits used to purchase NFTs. VERSE does not control the third-party services it uses to process payments and/or USDT deposits nor its smart contracts and protocols. To learn about the risks involved for you, please refer to the terms and conditions of the respective third parties.
When a Buyer purchases an NFT on the primary market, The Company will mint and deliver the NFT to the account of the Buyer on the VERSE platform within one (1) day of purchase. The Buyer will be notified by email of the successful purchase.
All NFTs on the Marketplace are held in a master custodial wallet and Users can withdraw NFTs to an external wallet at will. After you withdraw NFT to an external wallet you agree to use such wallet according to the applicable terms and conditions. External wallets are not operated by, maintained by, or otherwise affiliated with VERSE. In no event shall the Company be liable for any damage or loss arising from the use of an external wallet.

3. Secondary market
When a Buyer purchases an NFT on the secondary market, the NFT will be transferred to the account of the Buyer on the VERSE platform within one (1) day. The Buyer will be notified by email of the successful purchase.
Users are allowed and encouraged to keep their NFTs on the VERSE platform to trade on the secondary market. Since VERSE uses an omnibus wallet, Users will not pay gas fees on the secondary market.

The Website operates peer-to-peer. Therefore, VERSE is not responsible for the third-party content (including NFTs) hosted on the Website. All rights and obligations arising from the NFTs hosted on the Site are the sole responsibility of their owners (Artists).

NFTs hosted on the Site may be subject to terms directly enforceable between Buyers and Artists, of which VERSE is not a party to, regarding the use of the NFTs and the rights associated therewith. Buyer and Seller are solely responsible for communicating, promulgating, agreeing to and enforcing these terms. VERSE merely connects Buyers with Artists and Users are responsible for establishing and enforcing such terms.

For the correct functioning of the Site, the Marketplace and the Services, VERSE will rely on third-party websites and/or services and applications. VERSE might also make available on the Website links, content, data, information, or materials from third parties. When Users access and use a third-party website or application they will be subject to their terms and conditions which are not under VERSE’s control.

VERSE shall in no event be liable for the use, misuse, malfunction of any third-party website and/or services and applications. VERSE does not review, approve, monitor, endorse, warrant, or make any representations with respect to any third-party website and/or services and applications. Users shall access and use third-party websites and/or services and applications at their own risk.

By using the Marketplace, the Website, the Services and/or buying or selling NFTs in the Marketplace, the User represents and warrants having read and consent to these T&Cs and the validity and accuracy of all information supplied. Where a corporation is a registered User, the corporation represents and warrants the User is an approved representative authorized to bind the corporation to these T&Cs. The corporation also consents to be bound (to/by) the representative’s actions and transactions, the T&Cs contained in this Agreement, the Privacy Policy and the applicable documents.

By agreeing to use our services the User acknowledges that:

1. If an individual, it is at least 18 years old;
2. It will not use the Marketplace in a manner that (i) negatively affects other Users or the Services; (ii) could bring the Marketplace, the Website and/or the Services into disrepute; (iii) violates any applicable law or regulation;
3. It is not located in a country that is subject to a United States Government embargo;
4. It is not a citizen of, natural or legal person, having its habitual residence, location or seat of incorporation in a country or territory where transactions with crypto assets are prohibited or in any manner restricted by applicable laws or regulations, or will become so prohibited or restricted while these T&Cs are in force;
5. The NFTs hosted on the Site are not securities as they cannot be regarded debentures, shares, collective investment schemes, or business trusts, or otherwise regulated products;
6. Its access and use of the Website might be interrupted for any reason at VERSE's sole discretion;
7. Blockchain technology is a new and untested technology and that factors outside VERSE’s control and adverse changes in market and legal conditions or technology will excuse VERSE’s delivery of NFTs. The Buyer further acknowledges that the acquisition of NFTs carries substantial risk of loss;
8. Upon VERSE’s request, User shall promptly provide VERSE any supplementary information requested;
9. It shall not use the Website for purposes inconsistent with these T&Cs;
10. It shall not compromise or attempt to compromise the Website’s security through hacking, intrusion, interference, disabling, disruption, impairment, or over-burdening the proper functioning of the Website, and shall not access data or information that the User is unauthorized to access;
11. It is only authorised to host on the Marketplace its own NFTs and cannot host on the Marketplace NFTs owned by third parties;
12. It shall be responsible for the payment of all taxes, fees and charges imposed on or based upon the use of the Marketplace, the Website and/or the Services;
13. It shall indemnify VERSE and hold VERSE harmless against legal claims that may arise from its use or misuse of our Website and/or these T&Cs.

Verse is committed to operate the Marketplace, the Website and the Services in a diligent and professional manner in accordance with applicable industry standards and regulations in force.

The user shall be responsible for keeping the confidentiality and security of its login ID and password, any device associated with the Marketplace, NFTs, its private keys to its wallet and/or account and any other username, passwords or other login or identifying credentials. The User acknowledge responsibility for all activities that occur under its account or password. User shall notify VERSE immediately in the event that its login or password security is breached or compromised.

To the maximum extent permitted by applicable law, VERSE shall under no circumstances be liable to you or any third party for any loss or damages, whether direct, indirect, incidental, special, punitive, consequential or exemplary (including damages for lost profits, goodwill, use or data) arising from this T&Cs, the Site, the Marketplace or the Services or third party sites and products used by VERSE to provide the Services whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and notwithstanding the extent to which the Company has been advised of the possibility of such damages. VERSE shall be excused from liability even where damage or loss arises from or concerns:
1. any access to, use of, or inability to access or use the Website, the Marketplace or any of the Services;
2. User reliance on, or use of, or inability to use the content and data on the Website or any linked Website.

Your access to and use of the site, products or third-party sites and products accessed from the site is at your own discretion and risk. Users shall be solely responsible for any damage and/or loss resulting therefrom.

You acknowledge and understand that all text, graphics, images, Website’s look and feel, trademarks, logos, page headers, button icons, scripts, data, software, sound files, other files, products and services provided on the Website are the property of VERSE, its affiliates, directors, officers, employees, agents, suppliers or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You agree that you will not reproduce or redistribute the VERSE’s intellectual property in any way, including electronic, digital or trademark registrations. You may not use any metatags or other hidden text without our prior written permission. VERSE does not own any of the NFTs, nor the intellectual property associated with them, hosted on the Website.

As Buyer, you acknowledge and understand that all NFTs hosted at the Site are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Artist. Please, if you have reason to believe that the NFTs hosted on the Site infringe copyright or trademark rights, please let us know at the following email address contact@verse.works including your name, address and email; description of the material allegedly infringing copyright or trademark rights and its location on the Site; a statement declaring your reasons to believe that the NFTs on the Site violate copyright or trademark rights; your physical or electronic signature.

As an Artist, you acknowledge and understand that you are not allowed to use the Marketplace to commercialize NFTs of which you are not the author, owner, or intellectual property holder. You grant VERSE permission to use, copy, transmit, and broadcast the NFTs of your property hosted on the Site for advertising and commercial actions.

VERSE is committed to providing Users the best possible experience with the Website. Therefore, we reserve the right to take action, even without advance notice, if we believe a User has violated these T&Cs.

By accessing and using the Website, the Marketplace and/or the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content you host on the Service. Users also agree that they will not engage in the following actions:

1. Use the Website, the Marketplace and/or the Services in any manner that may adversely affect or prevent other Users from fully enjoying the Website, the Marketplace and/or the Services.
2. Use or attempt to use another user’s Account without the user's authorization or impersonating another person or entity;
3. Distribute spam;
4. Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Marketplace, the Website and/or the Services, or otherwise bypass its fee system and/or measures employed to prevent or limit access to the Marketplace, the Website and/or the Services;
5. Use any automated means to access the Marketplace, the Website and/or the Services to extract data, interfere with or affect its functionality;
6. Artificially cause a NFT to appear at the top of search results;
7. Use the Marketplace, the Website and/or the Services for money laundering, terrorist financing, or other illicit activity including fraud and other deceptive, misleading, or manipulative activity;
8. Use the Marketplace, the Website and/or the Services to perform a financial activity subject to registration or licensing, such as creating, selling, or buying securities, commodities, options, debt instruments or otherwise regulated products;
9. Use the Marketplace, the Website and/or the Services to sell NFTs that entitle Buyers with the right to participate in an ICO, a securities offering, or that are exchangeable for securities, commodities, or other regulated financial instruments;
10. Use the Marketplace, the Website and/or the Services to sell fraudulently or illegally obtained works;
11. Use the Marketplace, the Website and/or the Services for infringing or violating the intellectual property rights or any other rights of others, displaying illegal content, or encouraging any activity that promotes (i) the violation of these T&Cs; (ii) suicide or self-harm; (iii) hate or violence.

Buyers understand and acknowledge that they are fully responsible for verifying the authenticity, legitimacy, identity, etc, of any NFT and/or its Artist it interacts with within the Marketplace. VERSE does not guarantee or promise whatsoever the identity, legitimacy or authenticity of any NFT or account on the Service.

VERSE relies on third-party platforms for processing both fiat and crypto payouts. Fiat currency payouts are managed by Stripe and are paid directly to sellers. Although Stripe supports a wide range of countries globally, there may be instances where a seller's bank country is not supported. If you encounter this issue, please contact us for assistance.

As a company registered in the United Kingdom, we are legally obligated to report any sales transactions exceeding $10,000 to relevant governmental authorities.

VERSE takes the integrity of its platform and the security of its users seriously. If we detect, suspect, or are alerted to potential fraudulent activity, including but not limited to money laundering, identity impersonation, or any form of deceptive or unlawful activity, we reserve the right to:
- Initiate an Investigation: Commence an internal investigation to assess the veracity of the suspected fraudulent activity.
- Pause Payouts: Temporarily withhold any pending payouts to the user(s) involved until the conclusion of the investigation.
- Cooperate with Authorities: Share relevant information and cooperate fully with law enforcement agencies, regulatory bodies, and our payment partners.
- Legal Recourse: Take legal action, as appropriate, which may include reporting the issue to law enforcement agencies, freezing assets, or initiating civil proceedings.
- Account Termination: In cases of verified fraudulent activity, we reserve the right to terminate the user account in question, in accordance with our general terms of service.

By using this platform, you agree to these terms and acknowledge that you may be subject to investigation in the case of suspected fraudulent activity.

VERSE respects your privacy. For details, please carefully read our Privacy Policy. By using the Website, you consent to our collection and use of certain personal data as set forth therein.

By creating an Account, Users consent to us sending them electronic communications via email, push notifications or text messages regarding notices about their Account and/or advertisements. You are not required to consent to receive these communications and may opt out through the Site or through your mobile device. However, exceptions apply with respect to important announcements and administrative messages.

VERSE reserves the right, at its sole discretion, to terminate your access to the Website, the products, the Marketplace and the NFTs or any portion thereof at any time and for any reason and without prior notice. The company shall not be liable for any damages or losses that termination may cause to Users.

This section governs disputes between Users and VERSE and does not govern disputes between users or between users and third parties.

Users and VERSE shall cooperate in good faith to resolve any dispute arising out of or in connection with these T&Cs and/or Users’ use of the Marketplace, the Website and/or the Services. If they are unable to resolve a dispute within 90 days of notice of such dispute being received by VERSE by email at: contact@arttechnologies.co, such dispute shall be settled in arbitration proceedings.

Any dispute will be resolved solely through arbitration and will not be brought as class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

Any dispute shall be referred to and finally resolved by arbitration under the Rules of the United Kingdom in force on the date on which the arbitration is commenced, which Rules are deemed to be incorporated by reference into this Article.

The tribunal shall consist of three arbitrators. Each party shall nominate one arbitrator. In the event that either of the two parties fails to nominate an arbitrator within 30 days after the commencement of the arbitration proceedings, then the company shall nominate an arbitrator. The third arbitrator, who shall be the presiding arbitrator, shall be nominated by the two party-nominated arbitrators within 30 days of the last of their appointments.

The seat of the arbitration shall be in the United Kingdom. The language of the arbitration shall be English. Any award of the tribunal shall be final and binding from the day it is made.

All matters relating to the arbitration, including related court proceedings, shall be kept confidential to the greatest extent practicable.

These T&C and your access to and use of the Marketplace, the Website and/or the Services shall be governed by and construed and enforced in accordance with the laws of the United Kingdom, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.

The headings in this document are intended solely for convenience of reference and shall be given no effect in its construction or interpretation.

If any provision of this document shall be held invalid, such invalidity shall not affect any other provisions that can reasonably be given effect without the invalid provision and, to this end, the provisions of this document are intended to be and shall be deemed severable.

All sections of these T&C which by their nature may survive termination of this document shall continue in full force and effect after termination of these T&C by VERSE or you.

VERSE welcomes your questions or comments regarding these T&Cs, please contact us via email at contact@arttechnologies.co