1. WHAT WE DO AND DON’T DO
1.1.“Hedera Gallery”, “the Gallery”, “the Platform”, “We” or “Us” represents the Website www.hederagallery.com, the email address firstname.lastname@example.org, the Twitter account https://twitter.com/HederaGallery, the Discord server https://discord.gg/9YjUMYTWyP and the LinkedIn page https://www.linkedin.com/company/hedera-gallery/. With the expansion of our presence on social networks, the Platform might include accounts also on Telegram, Instagram, Facebook and more. We want the Gallery to be present in other metaverses as well, such as Meta.
1.2. Hedera Gallery is owned by Hashgraph Technologies SRL, a legal entity established in Romania, with the European Unique ID ROONRC.J29/S07/2022.
1.3. We are a fantasy 3D digital environment which mimics aspects of the physical world, having many hyper-realistic elements. A significant number of exhibits inside our 3D environment have been recorded beforehand by their creator(s) on the hashgraph distributed ledger.
1.4. Any owner of NFT(s) or fungible token(s) will sell their assets on third party platforms, without Hedera Gallery intermediating the transaction.
1.5. In order not to mislead customers / visitors, we ask our service users to submit visual representations of NFTs as close to reality as possible / to what customers will receive if they choose to make the purchase. Thus, Hedera Gallery will not display unique exhibits that present different NFTs in parallel, successively or overlapped.
1.6. Any person or legal entity will purchase NFT(s) or fungible token(s) on third party platforms, without Hedera Gallery intermediating the transaction.
1.7. The links on the Platform to other domains are available for informational purposes only and for your convenience. Use of any hyperlink that does not belong to the Platform means that you have left the Platform owned and controlled by us. Please note that we are not responsible for external domains, their content and your actions while visiting them.
1.8. Hedera Gallery does not provide any warranty and assumes no responsibility relating to:
- the accuracy or fairness of the data provided for any item on display that is not owned by us;
- the availability for purchase of any item on display that is not owned by us;
- the suitability or non-infringement of any Token or Digital Asset on display; nor in the case of Physical Assets, the description, availability, delivery timeline, quality, fitness-for-purpose or suitability of the same
1.9. Nothing on the Platform should be taken as financial advice. Cryptocurrencies / NFTs are highly speculative assets, currently traded in environments with very low or no regulations. Nothing guarantees the price increase of any asset, the price for the majority of Cryptocurrencies / NFTs might go to zero and the majority of buyers might lose their currency.
2. INTELLECTUAL PROPERTY
2.1. The entire content on the Platform is the property of Hedera Gallery, except the artworks / visuals submitted by our clients / users. The content on the Platform is protected by copyright law and can’t be copied in whole or in part or used for derivative works without the express prior written consent of the owner. Use for any purpose other than personal or non-commercial use is strictly prohibited.
2.2. The artwork on display is not the property of Hedera Gallery. We reserve the right to select our customers, as well as to terminate unilaterally any collaboration, in case of suspicion regarding the lack of intellectual property rights of the respective exhibitor or due to other violations of our Code of Conduct presented below. If you would like to notify us of a possible intellectual theft regarding any of the exhibits, please contact us at email@example.com.
3. CODE OF CONDUCT
The following actions are strictly prohibited:
- Partial or total copying, disassembly, creation of derivative works or use in any other way of the exhibits / NFTs presented on the Platform, as well as of any element contained in the Platform, including, but not limited to: texts, images, tables, 3D objects, specifications or other content;
- Using the services of the Platform to invade the privacy of third parties, to obtain information about any of the users of these services, to obtain a list of users of these services or to use data extraction technologies, robots or other similar systems to collect data;
- Impersonating or falsifying your affiliation with anyone;
- Listing artworks / NFTs that are not your own creations or for which you do not have the written consent of the owner to publish;
- Having an inappropriate behavior on channels managed by Hedera Gallery. Pronhibited behaviors are: spam messages, sexual or violent content, racism, spreading false news, giving financial advice, giving health advice, asking for personal information etc;
- Having an inappropriate behavior related to Hedera Gallery, artists or projects on display, on any external channel.
3.2. In violation of any prohibition set forth in this document, Hedera Gallery reserves the right to terminate unilaterally and without compensation any collaboration with the respective client, block his/her account access with immediate, temporary or permanent effect, without limiting our right to resort to legal means to obtain compensation for any damage caused by his/her activity.
4. ACCOUNT REGISTRATION ON THE WEBSITE
4.1. Accessing Hedera Gallery’s services can be done online, from your personal computer or from a mobile device, such as tablet or phone, anonymously or by creating an account on the website. Use of the website requires the activation of (necessary) cookies in the browser you use. If you choose to create an account, you will need a personal email address, which will be associated with your account on the website and through which you will have subsequent communication with Hedera Gallery representatives.
4.2. By creating an account, you declare that the data provided by you through the registration form is correct and complete, and you agree that you are responsible for the activity of your account. The account created on the website is personal, and the use of your account by other persons, either temporarily or permanently, is prohibited. You are also required to contact Hedera Gallery immediately if the security of your account has been compromised.
4.3. By creating an account or purchasing assets / tokens (even though the purchase takes place on third-party apps and not on the Platform), you confirm to not be listed, or associated with any person or entity being listed on any of the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, the US Department of State’s Debarred Parties List or the EU Consolidated List of Persons, Groups and Entities Subject to EU Financial Sanctions.
4.4. You further confirm not to be resident of, citizen of or located in a geographic area that is subject to UN, US or EU embargoes.
4.5. You confirm to not be domiciled in or organized under the laws of any country whose legislation conflicts with the purchase of tokens (even though purchase of tokens takes place on third-party apps and not on the Platform).
5. FOR CHILDREN
5.1. You confirm that you are over the age of 14, as the Hedera Gallery is not intended for children under 14.
5.2. If you are 14 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these terms with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these terms.
5.3. If you are a parent or guardian agreeing to the terms for the benefit of a child over 14, then you agree to and accept full responsibility for that child’s use of the Platform, including all financial charges and legal liability that he or she may incur.
6. RULES DURING VIRTUAL EVENTS
✓ Keep discussions positive, uplifting and relevant to the group.
✓ Help other members as much as possible.
Rule 1 – Respect each other (no griefing, trolling, discrimination or harassment based on the following nine protected classes: sex, race, age, disability, color, creed, national origin, religion or genetic information) or posting links to places where this happens.
Rule 2 – No violence or threats;
Rule 3 – Don’t insult, demean or belittle others;
Rule 4 – Don’t spam;
Rule 5 – Don’t post links not relevant to Hedera Hashgraph (including shilling or ‘bashing’ other projects);
Rule 6 – Don’t offer to buy or sell hbar coins or any crypto’s;
Rule 7 – Don’t post links to phishing and pharming websites, malware, or spyware. Do not share actual forms / links to forms collecting personal information.
Rule 8 – Don’t break the law, including, but not limited to, encouraging tax evasion, promoting leaks, and revealing personal information;
Rule 9 – Don’t promote groups related to other projects;
Rule 10 – Don’t discuss Politics, Vaccination or Religion;
Rule 11 – Don’t spread misinformation about Hedera or HBAR;
Rule 12 – Don’t seek personal details of users in the group;
Rule 13 – Don’t use profanity or profanity work arounds. Please keep messages family friendly;
Rule 14 – Don’t send messages in languages other than English.
7. PLACING SERVICE ORDERS
7.1. As a customer / buyer, you can place service orders on the website, through “My profile” page.
7.2. After placing the order, you should manually send the correct hbar amount to our account, mentioned in the Order Form page.
7.3. Once the payment was submitted, your order will get processed in up to 48h. A normal display period begins on the 1st of each month if the order was placed before the 25th day of the previous month, else the display period begins on the 1st of the second month.
7.4. Placing an order through the Order Form, without being followed by submitting full payment to our hbar account, does not entail the registration of an order, and implicitly neither the automatic reservation of the respective service.
7.5. All prices displayed on the website are expressed in HBAR. Hedera Gallery reserves the right to change the prices applicable to our services at any time without notice and without specifying a reason. The new prices will only be applicable to services purchased after the price change date. If you do not agree with the price changes, you have the option to stop using the services.
7.6. Information on the features of the services is available on the “Get listed” page on our website and in “My profile” page. From a legal point of view, the content of the website does not present a proposed acquisition contract, but a presentation of our offers. Therefore, if you place your order through our website, your order constitutes a purchase offer for a service listed on this website. Your order must be followed by our acceptance.
7.7. The order can only be placed through our website, via “My profile” page. To do this, you will go through a simple process, at the end of which you will confirm the order by clicking on the “SUBMIT” button, which implies your obligation to pay. We will give you the possibly correct the order until the 25th of each month.
7.8. In the event that we no longer have open spots on display at the time of your order, we will contact you to determine if you would like to maintain your order until the first spot becomes available or if you would like a refund.
7.9. We will return to your account the HBAR value of the service within a maximum of 7 (seven) days from the date on which Hedera Gallery became aware of the unavailability of the service or from the date on which the buyer expressed his / her intention to terminate the contract.
7.10. Once your item is listed in the Gallery, the service can be canceled at your request, without compensation from Hedera Gallery for the remaining time the service could have been active.
7.11. Customer expressly agrees that if Hedera Gallery encounters operational problems, technical issues, bankruptcy, insolvency or other situations leading to interruption of services, Hedera Gallery will not be held liable in any way and will not be obliged to reimburse the amounts collected or any type of amount considered as damage.
8. ABOUT YOUR CONFIDENTIALITY
8.1. We will keep the confidentiality of any information you provide. We intend to collect the minimum of personal information, only when collecting it would benefit you, the visitors and users of the platform.
8.2. This website uses predefined cookies for tracking the audience. Some of the information collected is anonymous and is available to us in aggregated or individual format, while other information can identify the user, if the user has an account on the website and is logged in.
8.3. Deleting your account from the website can be done in one of the following situations:
- at your request, by emailing us at firstname.lastname@example.org;
- as a result of your breach of the provisions of these Terms & Conditions;
- in case you do not use the services of the Site for a period longer than 36 months.
9.1. This document is governed by applicable European law and any disputes should be settled amicably. If this is not possible, both you as the visitor of the Platform and the owner of this website will settle any dispute exclusively in the Romanian courts.
9.2. We cannot guarantee the uninterrupted availability of the services presented on the website. Neither contracting party shall be liable for any breach of its contractual obligations if they are caused by force majeure. Force majeure means: circumstances arising out of extraordinary, unavoidable, unforeseen situations or events or any other act beyond the control of the parties.
9.3. All claims and disputes within the scope of these Terms and Conditions must be litigated on an individual basis and not on a class or collective basis, only individual relief is available, and claims of more than one user / member cannot be consolidated with those of any other user / member.
9.4. Hedera Gallery reserves the right to change the Terms and Conditions at any time, without prior notice or without specifying the reasons. The changes will be made by updating this document, becoming mandatory and with immediate effect. If you do not agree with the changes made, please stop accessing and using the website. Continuing to access and use the website will constitute acceptance of the changes made.
9.5. Class Action Waiver: Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/ or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Hedera Gallery agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.