TERMS AND CONDITIONS
Check the Site frequently for any changes to these Terms.
Last updated: April, 2022
GENERAL AND USE OF SITE
Welcome to Digital Art Month.
Owned and operated by NEW ART GROUP, LLC and its affiliates, successors and assigns (“New Art”, “we,” “us,” or “our”), Digital Art Month is a series of recurring events featuring digital artworks in augmented reality and videos.
Digital Art Month offers an expertly curated selection of fine digital art from international artists. Exhibition tags with dynamic QR codes are placed around landmarks, public plazas and cultural institutions of the city of the event and link to augmented reality effects. Video works are also streamed on digital screens across the city of the event.
Digital Art Month provides an opportunity for artists to showcase and eventually sell works on the CADAF Marketplace. At the heart of this project are partners and innovative institutions that unite the public and the artistic community around visual experience.
FEES AND PRICING
Users understand that Artists are responsible for setting prices for Artworks. New Art does not charge Collectors for any purchase of Artworks through the CADAF Marketplace.
New Art does not represent, guarantee, or warrant the accuracy or fairness of the price of any Artwork sold or offered for sale on the CADAF Marketplace. The User agrees and acknowledges that New Art is not a fiduciary nor owes any duties to any User, including the duty to ensure fair pricing of Artworks.
Users are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Platform (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any Artworks).
New Art reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that New Art will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:
1) Disrespecting the privacy or views of other Users;
2) Using Digital Art Month, the Site, or the Services for unlawful purposes or to promote any unlawful activities;
3) Impersonating another person, allowing another person to use your identification to post or view comments, or soliciting passwords or personal identifying information from other users;
4) Transmitting “junk mail,” “chain letters,” or unsolicited mass communication or “spamming”;
5) Submitting a communication or other content that infringes, misappropriates, or encourages infringement of misappropriation of the Intellectual Property Rights of others, or that is obscene, defamatory, harmful, abusive, threatening, or false;
6) Submitting a communication or other content that violates any law or regulation.
Each Member is responsible to content shared by them on the Site (“Member Content”) and shall ensure that such Member Content does not:
1) Include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that is likely to cause needless annoyance, inconvenience or distress to any person;
2) Contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
3) Contravene any applicable law (including, without limitation, any criminal law) or regulation;
4) Infringe the rights of any person or entity;
5) Misrepresent the Member’s identity in any way;
6) Publish or display any material containing personally identifying information about another Member or Artist, such as their address, phone number, or email address, except with the prior written approval of that Member or Artist or Gallery; or
7) Impose an unreasonable or disproportionately large load on our infrastructure or interfere with the proper working of CADAF.
New Art reserves the right in its sole discretion, for any or no reason, to modify, suspend, or terminate any Member Account if we find that the Member’s use of the Site does not comply with these Terms.
Children under age
Our Services are not intended for use by children, and we do not knowingly or intentionally solicit data from or market to children under the age of 18. New Art reserves the right to delete any child’s information or registration.
Modification, Cancelation, and Lapsing of Account
Members can modify their Account information or cancel Application. As an Artist on the CADAF Marketplace, you may have the right to delete your Account as long as no Artworks have been sold to any Collector. When one or more of your Artworks have been sold, your Artwork(s) and profile page must remain available to Collectors who have purchased the Artwork.
New Art reserves the absolute right to delete, modify, or change a username without notice for actual suspected violation of these policies. You agree that New Art, in its sole discretion, may suspend or terminate your Account (or any part thereof) or use of the Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use for a period of six (6) months or more or if New Art believes that you have violated or acted inconsistently with these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Site, may be referred to appropriate law enforcement authorities.
Upon the cancelation, deletion, or lapsing of a Member’s Account, the former Member’s username for the associated Account will be automatically ceded to us, and will no longer be associated with or controlled by the former Member in question. New Art is entitled (but not obliged) to delete Member Content associated with that former Member or Account from New Art.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its Content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any Content. In the event of any permitted copying, redistribution or publication of Content from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. New Art is the logo, trademark and service mark of NEW ART GROUP, LLC.
New Art may also in its sole discretion and at any time discontinue providing the Site, or any part thereof or related services, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms may be effected without prior notice, and acknowledge and agree that New Art may immediately deactivate or delete your Account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that New Art will not be liable to you or any third party for any termination of your access to the Site.
THIRD PARTY SITES
We provide these Third Party Sites only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites, or their products or services. You use Third Party Sites at your own risk. When you leave our Site, our Agreement and policies no longer govern. We may, but are not obligated to, warn you that you are leaving our Site.
The content, Site, and Services are protected by the United States and international intellectual property laws including, without limitation, copyright, trademark, trade secrets, moral rights, rights of privacy, and rights of publicity (“Intellectual Property Rights”). You agree to respect any and all Intellectual Property Rights and to abide by any and all copyright notices, information, or restrictions displayed on the Site and Services.
The exhibitor represents and warrants that the sale, display or performance of Artworks is not a violation of any agreement, contract, or obligation owed to a third-party.
Artists and Galleries (collectively “the Seller”) hereby acknowledge, understand, and agree that selling an Artwork on the CADAF Marketplace constitutes an express representation, warranty, and covenant that the Seller has not, will not, and will not cause another person or entity to sell, tokenize, or create another cryptographic token representing a digital collectible for the same or derived Artwork, excepting, without limitation, the Artist’s ability to sell, tokenize, or create a cryptographic token or other digital asset representing a legal, economic, or other interest relating to any of the exclusive rights belonging to the Artist under copyright law. Galleries selling an Artwork through the CADAF Marketplace on behalf of a third-party artist agree that it is their sole responsibility to seek express permission from that artist before offering the Artwork for sale through New Art.
Copyright License to New Art
The Seller hereby acknowledges, understands, and agrees that submitting, displaying or offering an Artwork for sale on the Site constitutes an express and affirmative grant to New Art, its affiliates and successors a non-exclusive, worldwide, assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute the Artwork on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Site, or any other purpose related to New Art, including without limitation, the express right to: (i) display or perform the Artwork on the Site, a Third Party Site, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative Artwork based on the Artwork for advertising and marketing purposes; (iii) indexing the Artwork in electronic databases, indexes, catalogues; and (iv) hosting, storing, distributing, and reproducing one or more copies of the Artwork within an file keeping system, node cluster, or other database (e.g., IPFS) or causing, directing, or soliciting others to do so.
Sellers expressly represent and warrant that their Artwork listed on the Site contains only original content otherwise authorized for use by the Artist, and does not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Artist, not authorized for use by the Artist, not in the public domain, or otherwise without a valid claim of fair use.
Claims of Infringement
New Art respects the intellectual property of others and asks that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), New Art will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. New Art will disable and/or terminate the accounts of users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, please use firstname.lastname@example.org to report an alleged infringement and provide New Art’s Copyright Agent the following information required for a DMCA Notice of Alleged Infringement (“Notice”):
● Identify the copyrighted work that you claim has been infringed, or, if multiple works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
● Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website. Using URLs is the best way to help us locate content quickly.
● Mailing address, telephone number and, if available, email address.
● Include both of the following statements in the body of the Notice:
○ “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
○ “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
● Provide your full legal name and your electronic or physical signature.
● Put “DMCA INFRINGEMENT” into the subject line and
● Deliver this Notice, with all items completed, to
Notices must provide all the information described above in order to be effective. If your Notice is ineffective, we may ignore it and have no obligation to remove the allegedly infringing content.
While New Art considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use), you may wish to seek the advice of an attorney.
Monitoring, Editing and Disclosure of User Material
You agree that New Art has the right, but not the obligation, to monitor communications on the Site or Services at any time for any reason, in its sole discretion to determine compliance with these Terms and any other rules, policies or guidelines that New Art may establish. Notwithstanding this right of New Art, New Art does not and cannot review all materials posted to the Site or Services by users.
New Art reserves the right at all times to edit, disclose, refuse to post, request removal of, or remove any communication, in whole or in part, in its sole discretion, including, without limitation, as may be necessary to comply with any law, regulation, government or agency request or if, in New Art’s sole discretion, such materials are objectionable or in violation of these Terms.
Changes to Conditions
We reserve the right to change these Terms from time to time. A new version of these Terms will be posted on the Site and Members will be notified by email on the same day (“Date of Posting”). The new version of these Terms will take effect:
● Commencing 30 days after the Date of Posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of these Terms which is capable of adversely affecting you; or
● Immediately upon the Date of Posting (or such later date as we indicate in the relevant posting), if the changes are not capable of adversely affecting you. This may include, without limitation: (i) changing the name of, and/or the web-address (CADAF.art) that you use to access New Art, or (ii) the refinement of provisions that are already included or referred to in these Conditions.
In either case, if you do not wish to be governed by the new version of these Terms, you must cease to use the Site and Services of New Art.
Sellers and Collectors are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Site (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any artworks).
Under no circumstances shall New Art, its subsidiaries, affiliates, employees, directors be liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. We urge all Users to maintain their own backup versions of any communications they provide for submission to the Site or Services. New Art disclaims any and all liability for the acts, omissions and conduct of any Users, Artists, Galleries, Collectors, advertisers, and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. New Art is not responsible for the products, services, actions or failure to act of any other third-party in connection with or referenced on the Site or Services.
INDEMNITY AND RELEASE
You agree to release, indemnify and hold New Art and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site, any Content, your connection to the Site, your violation of these Terms or your violation of any rights of another.
New Art’s liability for damages under this Agreement shall in all cases be limited to, and under no circumstances shall exceed, the amount of proceeds actually received by New Art arising out of the damage after deducting all costs, fees and liabilities incurred by or on behalf of New Art.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES
Transactions operated on the Site, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations may utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the blockchain protocol rules, which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or Artwork, or lost opportunities to buy, sell or in other way to interact with Artwork. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. New Art EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
New Art makes no warranty that (i) the Site will meet your requirements, (ii) the Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, or (iv) the quality of any products, information, or other material purchased or obtained by you through the Site will meet your expectations.
These Terms constitute the entire agreement between you and New Art and govern your use of the Site, superseding any prior agreements between you and New Art with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.
Applicable Law and Jurisdiction
These Terms will be governed by the laws of the State of New York without regard to its conflict of law provisions. With respect to any disputes or claims, you and New Art agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York, New York.
The failure of New Art to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You may not assign these Terms without the prior written consent of New Art, but New Art may assign or transfer these Terms, in whole or in part, without restriction.