Article 1 (Purpose)
- The purpose of these Terms and Conditions is to prescribe the rights, obligations and responsibilities, and other necessary matters between ART TOKEN Co., Ltd. (the “ART TOKEN”, “Company,” “we,” or “us”). The provisions set forth below, along with any accompanying documents specifically referenced, shall serve as the governing terms and conditions for your utilization and access of 2R2, inclusive of all content, services, and functionality provided on or through the website located at https://2r2.io/ (hereinafter referred to as the "Site").
- 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 THAT YOU SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, WITH LIMITED EXCEPTIONS. ADDITIONALLY, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. FURTHERMORE, YOU WILL ONLY BE ALLOWED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. 2R2 FUNCTIONS AS A PLATFORM AND NOT A BROKER, FINANCIAL ENTITY, OR CREDITOR. THE SERVICES PROVIDED ARE SOLELY ADMINISTRATIVE IN NATURE. 2R2 AIDS IN THE FACILITATION OF TRANSACTIONS BETWEEN BUYERS AND SELLERS DURING AUCTIONS BUT DOES NOT PLAY A ROLE AS A PARTICIPANT IN ANY AGREEMENTS MADE BETWEEN USERS OR INVOLVING THE PURCHASE OR SALE OF CRYPTOCURRENCY ASSETS.
- THIS AGREEMENT TO ARBITRATE AND THE ASSOCIATED LIMITATIONS ARE MATERIAL TERMS OF OUR AGREEMENT WITH YOU, AND YOUR CONTINUED USE OF OUR SERVICES CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO COMPLY WITH THESE TERMS.
Article 2 (Definitions)
- Definitions of the terms used in this Terms and Conditions are as follows:
- “Site” means a virtual place of business (including all websites operated by the Company, such as http://2r2.io, mobile, web, apps, etc.) where the Company can trade works using information and communication equipment such as computers to provide the Member with works of art and related services. (hereinafter the “Works, etc.”).
- “User”, and” Member” means a customer who accesses the Company’s Site, enters into the service contract with the Company in accordance with this Terms and Conditions and uses the Service provided by the Company.
- “Buyer” means a Member who purchases the ownership of Digital Art using the Site provided by the Company.
- “Account” means an account granted to the Member who agrees to the Terms and Conditions and approved by the Company for identification of the Member and use of the Service provided by the Company.
- “Content” means all images, text, information, data, audio, video, graphics, computer code, software, and other materials provided on or through the Site, including the Member Content defined in Paragraph 6 below.
- “User Content”, or” Member Content” means texts, photos, videos, and various files and links in the form of information such as codes, texts, voices, sounds, images, and videos posted on the Site in using the Site.
- “Seller” means a non-business person who enters into the service contract with the Company (i.e. agreeing to the Terms and Conditions and entering the membership), or who registers his/her Digital Art for sales using the Site provided by the Company and/or sells its ownership.
- “Consigner” means individuals, institutions, corporations, etc. who delegated the right to the Company to execute a contract for the transfer of ownership of the Works, etc. on behalf of the Consigner for the purpose of selling them through the Site and the right to use images, etc. of the Works, etc. to promote such sale of works of art.
- “Sales Brokerage Service” means all mail-order brokerage services and related supplementary services provided by the Company through the Site.
- "Service” means a digital art transaction brokerage service provided by the Company, including related supplementary services that allow Members to check and manage their Digital Art regardless of devices used (including various wired and wireless devices such as PCs and portable devices).
- “Consignment Sale” means a service in which the Company sells the ownership of the Works, etc. on behalf of the Consigner.
- "NFT" means a non-fungible token implemented in the Ethereum blockchain's ERC-721 protocol, which is linked to specific Content or data using smart contracts.
- “Blockchain” means a technology that puts data in electronic blocks and connects each block sequentially as a chain. Used as a distributed data storage method that records transactions, it can be viewed by anyone participating in the blockchain network.
- "Smart Contract" means a system that allows contracts to be automatically made on the blockchain by a certain protocol as a bundle of code written in a program-enabled language such as on Ethereum.
- "Digital Property" means a coin or alternative token that is data on the blockchain and is used as a medium for storing or exchanging value electronically.
- "Wallet Address" means an address used to link 2R2 wallet services as a unique identification address existing in Ethereum to record changes or status of Digital Property and NFTs.
- "Certificate of Ownership" means an NFT-based certificate that proves the acquisition of ownership of Digital Art, issued solely for the purpose of proving the acquisition of ownership, and does not itself store or commend any value or rights.
- “Digital Art” means Content that uses electronic technology as a key element of creating and expressing art.
- “Edition” means a method of selling ownership of digital art at a fixed price with multiple but limited numbers of Original Works.
- “Cryptocurrency” means a type of Digital Property created using encryption technology that allows people to purchase, sell, or trade safely.
- “Wallet” means a digital wallet that can store, remit, and manage Digital Property such as Ethereum (ETH).
- “Exhibition” refers to a feature where artists can share their online or offline exhibition activities
- “Feed” refers to a feature where users can share and follow major events such as the minting of artworks by artists they follow and first-time sales.
- “Artwork” refers to digital art that a Creator or Publisher sells on the 2R2.
- “Artwork Copyright”, “IP”, and “NFT IP” mean all the legal authorizations required to carry out the ensuing action
- Manufacturing “Digital Art”
- Gaining intellectual property rights over the “Digital Art” itself
- Obtaining the intellectual property rights or permits necessary for the manufacture of “Digital Art” via contracts such as digital artwork production agreements with the original copyright owner.
- Manufacturing “Digital Art”
- “Ownership” means the right to hold, right to use, and right to sell Digital Art.
- The term "right to hold" means the right to preserve Digital Art purchased within the Service without an expiration date.
- The term "right to use" means the right to display and appreciate Digital Art purchased within the Service in its original form or to post it on social network services or public bulletin boards for non-commercial purposes.
- The term "right to sell" means the right of a Member who purchased the ownership of Digital Art within the Service to sell it to other Members.
Article 3 (Posting and Amendments of this Terms and Conditions)
- The Company shall post this Terms and Conditions, the name of the company and representative, business address (including the address where customer complaints can be handled), fax number, e-mail address, business registration number, mail-order sales registration number and privacy officer, etc. on the initial screen of the Service so that Members can easily access the information.
- The Company is permitted to make changes to this agreement’s Terms and Conditions, provided that such changes do not violate applicable laws such as the Act on the Regulation of Terms and Conditions (hereinafter referred to as the “Terms Act”), the Act on Promotion of Information and Communications Network Utilization and Information Protection, (hereinafter the “Information and Communications Network Act”), and the Act on the Consumer Protection in Electronic Commerce (the "E-Commerce Act”).
- If the Company decides to make changes to these Terms and Conditions, it will provide notice in accordance before the effective date. However, if the changes are unfavorable to the Members, the notice period will be extended to 30 days. In addition to the notice, the Company will notify the Members of any unfavorable changes separately through electronic means, such as a consent window that appears when the Member logs in, for a certain period of time.
- If a Member does not explicitly state their intention to reject the amendments after the effective date announced in accordance with Paragraph 3, they shall be considered to have agreed to the amended Terms and Conditions. Despite the measures outlined in Paragraph 3, the Company cannot be held liable for any damages to the Members that may result from their lack of awareness regarding the amendments to these Terms and Conditions.
- If a Member does not consent to the application of the amended Terms and Conditions, they must provide an objection in written notice or send an email within 7 business days of becoming aware of the changes. If such objection is received, the Company will not apply the provisions of the updated Terms and Conditions to the Member, and either party may terminate the service contract.
Article 4 (Interpretation of Terms and Conditions)
- The Company may have distinct agreements and policies for individual services, and if those provisions clash with these Terms and Conditions, the distinct agreements and policies shall prevail.
- For any matters or interpretations not specified in these Terms and Conditions, separate agreements and policies, relevant laws, or commercial practices shall apply.
Article 5 (Execution of Use of the Service Contract)
- In order to access certain Company services, Members must register with their 2R2 Accounts. Members are required to provide accurate and up-to-date information in relation to their Accounts and agree to keep all such information accurate and up to date.
- In accordance with these Terms and Conditions, the rights granted by the Company to its Members to register and use 2R2 Accounts are non-exclusive and non-transferable. Members are prohibited from leasing, selling, re-licensing, or transferring their 2R2 Account or any Company services to third parties.
- The Company will generally approve applications for Membership to use the Service. However, the Company may not approve or may terminate the use of the Service contract in the following situations:
- If the Applicant for Membership has previously lost their membership under this Terms and Conditions unless he/she has obtained approval from the Company for re-application as a Member;
- If false information is entered, or the applicant fails to provide the required information;
- Where approval is not possible due to reasons attributable to the applicant or where an application is made in violation of other regulations prescribed.
- The Company may withhold its consent if there is no room for service-related facilities, or if there are technical or business problems.
- In principle, if the application for Membership is declined or put on hold in accordance with Paragraphs 5 and 6, the Company shall provide notification for Membership.
- The date of establishment of the contract is the time when the Member submits the data created on the profile creation page that appears when connecting the Wallet on the 2R2 for the first time with the wallet signature.
- The Company can classify the Members by grade according to the Company policy and subdivide the hours of use, the number of times of use, and the service menu to differentiate the use.
- Some services permit Members to publish, include, or distribute Content links in a way that others can access from Company services or other locations online (e.g., other websites and social media services). Members may use these services in accordance with the normal functions and limitations permitted by this Terms and Conditions However, the availability of these services does not imply or grant the authority to replicate, distribute, or use the Content files within the Service or other locations.
Article 6 (Amendments to Members’ Information)
- A Member can view and make changes to his/her personal information at any time through the personal information management screen. However, the Member’s wallet address required for the management cannot be changed.
- In the event that the information is submitted during the membership application process, the Member must update their information online or inform the Company of the changes through email or other appropriate methods.
- The Company shall not be held liable for any losses or disadvantages incurred by a Member due to their failure to inform the Company of any changes pursuant to Paragraph 2.
Article 7 (Obligation to Protect Personal Information)
Article 8 (Obligations for Member’s Wallet Management)
- A Member is responsible for managing their Wallet and shall not permit any third-party usage of their Wallet.
- In case of any possibility of leakage of personal information, anti-social or moral violation, or any misunderstanding concerning the Company or its operator, the Company reserves the right to restrict the usage of a Member's Wallet.
- By utilizing a Wallet alongside the Service, you consent to utilize the Wallet according to the conditions and provisions set forth by the relevant Wallet provider. Wallets are not administered, sustained, or connected with 2R2, and 2R2 has no possession or influence over the substance of your Wallet and cannot retrieve or shift its content.
- If a Member recognizes that their Wallet has been misappropriated or accessed by a third party, they must promptly inform the Company and comply with the Company's directives.
- In the case of Article 3, the Company shall not be liable for any disadvantages caused by a Member for not notifying the Company or for not following the Company's instructions even if such notice is given.
Article 9 (Notification to Members)
- In the event that the Company needs to notify a Member, the notice may be communicated via the e-mail address provided through the Service, unless explicitly stated otherwise in these Terms and Conditions.
- For general notices that pertain to all Members, the Company reserves the right to satisfy the notification requirement outlined in Paragraph 1 by publicly posting the notice on the Company bulletin board for a period of at least 7 days.
Article 10 (Obligations of the Company)
- The Company is obligated to refrain from engaging in any acts that violate the applicable laws, the Terms and Conditions, or public morality, and shall use its best efforts to provide continuous and stable services.
- In the event of maintenance, replacement, breakdown, or interruption of the information and communication equipment utilized for the Service, the Company reserves the right to temporarily suspend the Service. If such suspension is not caused by any intentional or negligent action on the part of the Company, the Company shall not be held liable to compensate the Member for any damages incurred.
- The Company reserves the right but is not obligated to monitor all Contents and communications transmitted from or through Company services to enforce or investigate violations of this Terms and Conditions, other policies, and/or agreements by Members. In addition, the Company reserves the right, but is not obligated to detect, prevent, or resolve technical problems (such as fraud, security, etc.), and manage, improve, and operate Company services and customer support.
- The Company may have a security system to protect personal information (including credit information) so that the Members can use the Service safely and shall disclose and comply with the personal information processing policy.
- If the Company deems that an opinion or complaint raised by a Member in connection with the use of the Service is justifiable, it shall be addressed. The procedure and outcomes of the Member's opinion or complaint will be communicated through the bulletin board or email.
Article 11 (Responsibilities of Members)
- The Members are strictly prohibited from engaging in the following activities:
- Registering false information upon application or change of membership;
- Impersonating other individuals;
- Collecting information about Members (including e-mail addresses) or sending marketing e-mails to Members without their consent;
- Modifying information posted by the Company;
- Transmitting or publishing information that has not been authorized by the Company (including computer programs, etc.);
- Infringement, misappropriation, or violation of the rights of the Company and other third parties (copyright, trademark, patent, privacy rights, etc.);
- Infringing the copyright of others upon registering a Artwork;
- Use of meta tags, hidden texts, or metadata containing 2R2 trademarks, service marks, product names or URLs without the Company's prior written consent;
- Use of trademarks, service marks, product names, logos, trade dresses or designs that are confusingly similar to the appearance and feel of the Company services in any manner;
- Use of 2R2 trademarks, service marks, product names, logos, or URLs in a way that falsely implies partnership or warranty with an individual, organization, event, product or service;
- Removing, obscuring, altering, or falsifying copyright, trademark, or other technical measures utilized to indicate the origin or ownership of digital watermarks, images, or other Content;
- Acts that damage the reputation of a Company or other third parties or interfere with its business;
- Unauthorized access, modification, or use of the Company's services, computer system, or service provider system;
- Conduct that impairs the regular functioning or access of the Company's services, including but not limited to the transmission of viruses or harmful code, excessive requests, or traffic to Company services, and imposing unreasonable or disproportionately large loads on servers or systems.
- Violation, deactivation, or detour of security or certification measures relating to or in connection with Company services.
- Decoding, decompiling, disassembling, reverse engineering, derivation, or extraction of all source codes or basic ideas or algorithms in Company services.
- Modifying, regenerating, or redistributing Company services without the Company's prior written consent;
- Monitoring or extracting data from Company services using robots, scrappers, spiders, or other automatic or manual processes without the Company's prior written consent;
- Falsifying some of the TCP/IP packet headers or header information, or sending modified, deceptive, or incorrect source identification information using Company services or Contents in any way;
- It is prohibited to mirror, frame, or exhibit any part of the Company's services on or elsewhere without prior written consent from the Company;
- Strictly forbidden to reveal or post obscene or violent messages, images, voices, or any other type of information on the Company services;
- Using Company services for profit without the Company’s prior consent;
- Posting or advertising harmful information that is unrelated to the Company's services, such as displaying explicit signs, texts, sounds, images, or videos, is also not allowed;
- Distributing information that violates the rights of others, such as defaming others by exposing facts and/or false facts for the purpose of privacy violation or slander;
- Posting information that corresponds to speculative acts prohibited under laws and regulations;
- Other illegal or unfair acts under related laws, such as the Information and Communication Network Act;
- Members shall comply with the laws relevant to the provisions of this Terms and Conditions, the instructions and notices in connection with the use of Company services, and the matters notified by the Company. Members must refrain from engaging in any actions that disrupt the operations of the Company.
- If a Member violates the rights of others by performing the acts under Paragraphs 1 and 2, the Company shall take necessary measures, such as removing information, without delay upon request. In this case, the Company may notify the Site of the fact.
- If a Member publishes, displays, and/or advertises Content that is harmful to minors by engaging in activities outlined in Paragraphs 1 and 2, the Company shall delete the Content and its related information without delay.
- Despite the request to delete the Content and its relevant information due to the violation of Paragraph 3, should the Company expect a dispute between stakeholders or find it difficult to determine the violation of rights, the Company may take necessary measures to block access to the Content and its information.
- The company reserves the right to delete any content from the site that is deemed inappropriate.
Article 12 (Obligations of Seller)
- The Sellers are prohibited from carrying out the following activities:
- Acts that infringe on other people’s copyrights;
- Displaying works that have been sold to Members without obtaining permission; Infringement on the intellectual property rights of the Company and third parties, including copyrights;
- Engaging in activities that harm the reputation of the Company or third parties, or that disrupt the business operations of the Company.
- Disclosing or posting obscene or violent messages, images, voices, or any other information that goes against public order and morals.
- Acts of using the Service for profit without the consent of the Company;
- Posting or advertising harmful information unrelated to the Company services, such as publicly displaying obscene codes, words, sounds, images, or videos;.
- Circulating information that infringes on the rights of others, such as defaming others by publicly revealing facts or false information for the purpose of invading privacy or disparaging the reputation of others;
- Posting information that falls under the speculative activities prohibited by law; and Other unlawful or unjust acts under related laws such as the Information and Communications Network Act
- Sellers shall comply with the laws relevant to the provisions of this Terms and Conditions, the instructions and notices in connection with the use of Company services, and shall not engage in any other acts that interfere with the business of the Company.
- If a Seller violates the rights of others by performing the acts under Paragraphs 1 and 2, the Company shall take necessary measures, such as removing information, without delay upon request. In this case, the Company may notify the Site of the fact.
- If a Seller publishes, exhibits, and/or advertises Content harmful to the youth by performing the acts under Paragraphs 1 and 2, the Company shall take delete the Content and its relevant information without delay.
- Despite the request to delete the Content and its relevant information due to the violation of Paragraph 3, should the Company expect a dispute between stakeholders or find it difficult to determine the violation of rights, the Company may take necessary measures to block access to the Content and its information.
Article 13 (Method of Payment)
- The payment for all the Works purchased on the Site shall be based on ETH. Other than the Ethereum-based Wallet, Members may process the payment with one of the following methods available. If so, Members shall be fully responsible for paying additional expenses, including bank fees and/or other expenses.
- Purchases, sales, and transfers of digital content may be subject to fees, commissions, royalties, and other charges.
- Members can review the fees charged to them and accept the transaction before paying any fees.
- 2R2 reserves the right to change the marketplace's fee for all features of the service, including additional fees or charges
- 2R2 retains the right to set the prices for services and will make reasonable efforts to do so.
- 2R2 can extend promotional advantages on features and prices and its exclusive discretion
- The payment of taxes and public charges related to digital content is borne by the person designated as the taxpayer under the relevant laws, except when a person who is not a taxpayer for a particular NFT has agreed to bear the taxes and public charges for a specific transaction.
Article 14 (Use of Sales Brokerage Service)
- The Company retains the right to execute mail-order brokerage services for the Works of the Seller, and under such circumstances, the Company is not a participant in the mail-order transaction.
- In relation to the mail-order brokerage service, the Company operates, manages and provides a system for free transactions between Members and Sellers as mail-order sales brokers. As such, Members must check the details and terms of transactions made by Sellers before purchasing them. Any losses arising from the acquisition of the Works or other products without the confirmation of the purchase's particulars and transaction terms will be the sole responsibility of the Member.
- Members are required to adhere to these Terms and Conditions as well as any announcements made by the Company through the service screen. Any violations or failures to comply with these Terms and Conditions and the Company's notifications will result in the Member being held liable for any damages incurred.
- Disputes between the Buyer and the Seller should be resolved through mutual consultation. The Company may assist if both parties request arbitration by the Company.
- The Member is accountable for all information input by the Member regarding payment and is responsible for any issues related to said information.
- Even if the Company provides relevant information such as the Works, etc., and other Contents provided by the Seller for the convenience of a Member's use of Company services through the Site, the Member shall decide whether to purchase the Works, etc. or not at his/her own judgment and responsibility. The Company does not provide any guarantee of ownership of the Works, etc., and Contents sold through the Sales Brokerage Service or Consignment Sales, nor does it assure that they do not violate any other party's intellectual property rights. The Company shall not be held liable for any purchase decisions made by the Member, except for in cases of intentional or gross negligence on the Company's part.
Article 15 (Specific Transaction Details of Works, etc., and Consignment Sales)
- The Seller may conduct Works, etc. in the Service through the Company's Site.
- Seller shall not arbitrarily exclude any Works on sale from the sales list. The Company shall not be held liable for any disadvantages that arise unless due to the Company’s deliberate or gross negligence.
- When the Consigner consigns the sale of Works to the Company, the consignment fee shall be calculated according to a separate contract between the Consigner and the Company.
Article 16 (2R2 Reward Program)
For terms related to the Points System, you should refer to the terms below.
Article 17 (Voting Service Using Utility Tokens)
- The voting service allows Members to vote for a Work using utility tokens.
- The voting service is not a means of financial investment. The Company does not guarantee any fixed percentage of profit.
- Utility tokens obtained from using the voting service can be used to vote for Content.
- The user guide on the homepage provides in-depth information about the voting service.
Article 18 (Disclaimer)
- In principle, the Company does not provide any guarantees for the Works, etc. sold through the Site. In addition, supplementary descriptions, prices, and other written descriptions of the Works, etc. expressed by the Company are for reference only and are not guaranteed by the Company. However, the Seller and the Consigner bear the warranty obligations and liabilities for the overall Contents related to the sold Works, etc.
- Members agree to the following matters to indemnify the Company from all third-party claims, demands, lawsuits, and all relevant damages, losses, judgments, and responsibilities:
- In case a Member violates this Terms and Conditions and related policies;
- Contents sold from and through the Site
- False Representation of Members
- Violation of laws and rights of third parties, including intellectual property rights, privacy rights, or publicity rights
- If the Company is liable for the warranty of a particular work, the Consigner of the work is also liable for the same obligations and the Company may request reimbursement from the Consigner for all or part of the liability for damages compensated to the Buyer and other damages incurred by the Company under the warranty.
- The Company is not responsible for any problems that arise from any accidental transfers or losses of Digital Property.
- The developers and governance participants of the 2R2 protocol are not liable in any manner for any and all aspects of the 2R2 protocol.
- 2R2 is an autonomous Smart Contract application that operates in a decentralized manner. The primary objective of the application is to facilitate secure and transparent financial opportunities through direct interaction with the Ethereum blockchain.
- 2R2 assumes no responsibility for any loss of assets by the user or any profit generated that falls short of the projected profit, resulting from the use of 2R2.
- 2R2 cannot ensure the uninterrupted provision of 2R2 services or functions. Any service or function offered by 2R2 may be permanently added or removed, and 2R2 itself may be altered or terminated.
- 2R2 does not provide any assurance for the dependability of the Ethereum blockchain platform employed by the Ethereum protocol, or any other third-party services.
- The Company is not responsible for any problems that arise from losses of private keys.
- If some provisions in these Terms and Conditions are found invalid, illegal, or unenforceable by the court, only those provisions shall become invalid, and the remainder of these Terms and Conditions shall be valid and enforceable.
- Nevertheless, considering the intricacy of software coding and the characteristics of technology, it is impossible to ensure the integrity of the code.
- In the situations mentioned above, among others, errors in the displayed values/information on the interface, as well as disruption of service connection, may occur. Requests from Users to stake and encounter delays or failures.
- 2R2 cannot be held accountable for any of the aforementioned cases within the reasonable limits of the law, provided that 2R2 itself is not accountable for the occurrence of such cases.
- All the information that 2R2 provides, either directly or on behalf of the company, is solely for informational purposes and should not be considered professional, accounting, or legal advice. You should not act or refrain from taking any action based on the information contained in these Terms or the information provided by or on behalf of 2R2. Prior to making any financial, legal, or other decisions that concern the Service, you should seek independent advice from professionals who are authorized and qualified in the relevant field. You should exercise caution when revealing any personal information to other Users or third-party websites linked through the Service. 2R2 does not manage or endorse User Content, third-party content, messages, or information that can be found in the Service, and 2R2 will not be held liable for any User's use or misuse of User Content. 2R2 specifically denies any responsibility concerning the Service and any consequences that might result from your use of the Service.
Article 19 (Disclaimers Related to Blockchain Technology)
- To the maximum extent permitted by applicable law, and notwithstanding anything otherwise expressly provided herein, 2R2 disclaims any and all liability related to the following:
- Use of Blockchain Technology. 2R2 utilizes experimental cryptographic and blockchain technologies, including tokens, cryptocurrencies, stablecoins, “smart contracts,” consensus algorithms, voting systems, and distributed, decentralized, or peer-to-peer networks or systems in providing the Service. You acknowledge and agree that such technologies are novel, experimental, and speculative and that therefore there is significant uncertainty regarding the operation and effects and risks thereof and the application of existing law thereto. To the maximum extent permitted by applicable law, 2R2 disclaims any and all liability related to the foregoing.
- The delivery of the Service relies on public peer-to-peer networks such as the 2R2-Supported Blockchains, which are not within the control or influence of 2R2 and are subject to various risks and uncertainties. 2R2's ability to modify these technologies is limited or nonexistent, except for discontinuing the support for certain "smart contracts" and adding support for new "smart contracts". It is your sole responsibility to ensure the safekeeping of the private key linked with the 2R2-Supported Blockchain address utilized to participate in the Service. In the event of lost private keys, 2R2 will not be able to issue refunds or restore any data. If you are unable to use the Service due to private key loss or theft, 2R2 does not guarantee and shall not be held responsible for your ability to exercise your rights concerning any other related digital assets.
- The value and prices of digital assets in public markets that are denominated in fiat are highly volatile and have undergone significant fluctuations historically. These assets, which are based on blockchain technology and are relatively new, are not yet widely accepted as a method of payment for goods and services. A significant portion of the demand for these assets is from investors and speculators who seek to gain profits from holding them in the short- or long term. As a result, the market value of any digital assets may decline below the initial purchase price through the Service or any other platform. You acknowledge and agree that the transacting of cryptographic and blockchain-based systems is unpredictable, and the costs and transaction speeds may rise or fall dramatically at any time, resulting in an extended inability to access or use any ETH, other cryptocurrencies or other digital assets linked with the Service.
- The utilization of blockchain technologies and digital assets is hindered by numerous legal and regulatory uncertainties. Consequently, the Service, Collectibles, and other digital assets may be adversely impacted by one or more regulatory or legal investigations, claims, suits, actions, fines, or judgments, which could impede or restrict your ability to use and enjoy such assets and technologies.
- Cryptography is a dynamic and constantly developing field, and technological advancements such as the emergence of quantum computers or advancements in code cracking may present potential risks to digital assets. These risks may encompass the unauthorized acquisition, misplacement, or unavailability of such assets.
- The Smart Contracts that are implemented to 2R2-Supported Blockchains are publicly available software utilities that can be directly accessed through a Wallet. Since the Service does not offer Wallet software or 2R2-Supported Blockchain nodes, the software is a vital third-party or User requirement, and without it, the Service cannot be employed, and other digital assets cannot be traded or used. Additionally, Collectible Descriptors, which define the art, text, or other data associated with a Collectible, must be kept outside of 2R2-Supported Blockchains.
- The Service, 2R2, or Your NFTs may be vulnerable to various forms of third-party attacks, such as phishing, brute-forcing, inactive listing exploits, or virus usage ("Third-Party Attacks"). 2R2 will not be held responsible or liable, whether directly or indirectly, for any real or purported loss or damage suffered by You concerning Third-Party Attacks.
Article 20 (Limitation of Liability)
- If the Company cannot or is unable to provide the Service due to force major events such as natural disasters or national emergencies equivalent thereto, observance of administrative dispositions and orders of government agencies, or server failure due to instantaneous increase in service access, etc., the Company shall be exempt from any liability in connection with the provision of the Service.
- The Company shall not be liable for any failure to use of the Service due to reasons attributable to a Member.
- The Company shall bear no liability for any transactions between the Members or between Members and third parties, in which the Service is used as an intermediary.
- The company functions as a mediator for the digital content trade, not participating as a party to the transactions. The onus for these dealings rests with the issuers or sellers. The company does not stand as their representative or extend any guarantees, nor does it authenticate the legitimacy of the relevant digital creations or the integrity of the rights owners. However, should any damage result from the company's intentional misconduct or negligence, it shall be held liable within the bounds prescribed by law.
- The Company shall not be responsible for the use of free services provided unless there are special provisions in the relevant laws.
- The Company shall bear no liability for any damages caused to a Member without intent or negligence.
- If a Member intentionally or negligently causes damages to the Company, such as interfering with the Service or related system operation through acts that violate any applicable laws, this Terms and Conditions, and social order, the Member shall compensate the Company for any damages.
- You must use caution when giving out any personal information to other Users or third-party linked websites through the Service. 2R2 does not control or endorse User Content, third-party content, messages, or information found in the Service, and 2R2 will not be liable for any use or misuse of User Content by any User. 2R2 specifically disclaims any liability with regard to the Service and any actions resulting from your use of the Service.
- The use of encryption involves certain risks. Due to the continuous evolution of encryption technology, advances in code breaking or the development of quantum computers may pose risks to 2R2-Supported Blockchain(s), the Service, Collectibles, and other digital assets. Such risks include but are not limited to, theft, loss, or inaccessibility of these digital assets.
- The Service and all Materials and Content (including User Content) available through the Service are provided on an "as is" and "as available" basis. 2R2 denies all warranties of any kind, whether express or implied, that are related to the Service and all Materials and Content (including User Content) available through the Service, including any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement and any warranty arising out of a course of dealing usage, or trade. 2R2 does not guarantee that the Service or any portion of the Service, or any Materials or Content (including User Content) offered through the Service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and 2R2 does not guarantee that any of those issues will be corrected.
- You acknowledge and agree that your use of any portion of the Service is at your sole discretion and risk, and we are not liable for any damage to your property, including your computer system or mobile device used in connection with the Service, or any loss of data, including User Content.
- You acknowledge and agree that 2R2 shall not be held liable for any indirect, incidental, special, exemplary, or consequential damages, or damages for loss of profits, including but not limited to the loss in value of any digital artwork, damages for loss of goodwill, use, data or other intangible losses (even if 2R2 has been informed of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise.
Article 21 (Open Access Image)
- Certain images of works or other objects displayed on 2R2 may be available for download and use independently outside 2R2 ("Open Access Images"). Open Access Images are sourced from third parties (such as certain museums or other organizations) that have made the images available for unrestricted use, or for use under certain conditions.
Article 22 (Age Requirement)
- By accessing and using this website, you agree to the following age regulation. You represent and warrant that you are at least 18 years old, and you acknowledge that this website is intended for use by adults only. You understand that some content on our website may not be appropriate for minors, and we reserve the right to restrict access to certain areas of our website to users at least 18 years old.
- By using this website, you agree that you are of legal age to access and use our services, and you understand that if we become aware that you are under 18, we reserve the right to terminate your access to our website and services without notice.
- This age regulation is a material term of our agreement with you, and your access and use of this website constitute your acceptance and agreement to comply with this age regulation.
Article 23 (Management of Content)
- If an individual (hereafter referred to as "the Claimant") claims that their rights, specifically their copyright, have been infringed upon by a Member's reproduced and transmitted Content on the Company Site, they may request that the Company suspend the reproduction and transmission of the Content with a written notice that includes the following information:
- Physical or electronic signature of a written notifier authorized to act on behalf of the exclusive owner of the Content.
- Identification of the Content alleged to have been infringed.
- Identifying the Content that is infringing or claimed to be subject to infringing activities as well as sufficient information to locate the Content on the Company services.
- Enough information to keep the Company in touch, such as addresses, phone numbers, and e-mail addresses (if applicable)
- A statement of good faith that the use of Content in a manner in which complaints have been filed is not authorized by the copyright holder, his representative or law.
- Statement that the information in the written notice is correct under the condition that the perjury is punished, and that the written notice has the authority to act on behalf of the exclusive owner.
- Upon receiving the above request, the Company shall immediately suspend the reproduction and transmission of the Content, and notify the Claimant and the Member of such fact.
- After receiving the notice in the preceding Paragraph, a Member may request the Company to resume the reproduction and transmission of the Work by explaining that the reproduction and transmission of the Work is based on legitimate rights.
- The Company will appoint an individual to receive requests for suspension and resumption of reproduction and transmission in accordance with Paragraphs 1 and 3 and will inform other Members of such appointment via the bulletin board.
- If the Company has given notice in accordance with Paragraph 4, and suspends or resumes the reproduction or transmission of the work in accordance with Paragraphs 2 and 3, the Company shall be absolved of all liabilities related to copyright infringement as an online service provider.
- A person who requests the suspension or resumption of reproduction or transmission of a Work pursuant to Paragraphs 1 and 3 without a justifiable right shall be liable for any damages caused thereby.
- The Company reserves the right to remove or restrict access to the Content that is suspected to violate copyright laws, at any given time and at the Company's sole discretion, without providing prior notice or taking any legal responsibility. If the Company deems it necessary, it may terminate the Account of a Member who repeatedly violates copyright laws.
- If the provider of Content whose access has been removed (or deactivated) by notice of copyright infringement claims that the use of the Content has not been infringed by the copyright owner or his/her representative or law, the provider of Content may provide the Company with a written notice containing all of the following information:
- The provider's physical or electronic signature
- Identification of the Content and where it appeared on the Company services before it was removed or disabled.
- A statement of good faith that Content has been removed or deactivated as a result of a mistake or misidentification.
- Name, address, and telephone number of the provider, and statement of acceptance of the procedural services from the person or his/her agent who provided the notice of copyright infringement.
Article 23 (Vesting of Rights)
- Copyright and intellectual property rights for the Site shall be vested in the Company. However, this shall not include the Contents of the Members and the Works provided under partnership agreements.
- The Member is not authorized to transfer, sell, or use the contents or the right to receive Services from the Company as collateral or for any other purpose under these Terms and Conditions.
Article 24 (User-generated content transmitted)
- With respect to any digital artwork, art content, collection content, non-2R2 artwork, non-2R2 content, collection, or any other material that you upload or share through the platform, collectively referred to as "User Content," you hereby represent and warrant that you are the owner of all rights, including copyrights and rights of publicity, or possess the necessary rights under applicable law to engage in transactions involving the User Content.
- By uploading User Content, you may utilize it for promotional purposes regarding NFT trade brokerage.
- All questions, comments, suggestions, ideas, feedback, or other information about the Platform ("Submissions") provided by you to the 2R2 are not confidential, and the 2R2 is entitled to use and disseminate these Submissions for any purpose, whether commercial or otherwise, without acknowledging or compensating you.
- 2R2 has the right to retain User Content and may disclose such content in the event it is required to do so by law or in good faith, believing that the preservation or disclosure of such content is reasonably necessary to comply with legal processes, applicable laws, or government requests to enforce these Terms. 2R2 will address any claims that suggest the content violates the rights of third parties and will protect the rights, property, or personal safety of 2R2, its Users, and the public.
- You acknowledge and comprehend that any User Content that breaches any of the policies of 2R2 may be obscured or eliminated by 2R2 and its absolute discretion.
- The User acknowledges and agrees that the technical processing and transmission of the Platform, including any User Content, may necessitate the transmission of such information over various networks and may require alterations to conform and adapt to the technical specifications of connecting networks or devices.
Article 25 (Terms of Sale)
- Upon placing a bid or an order on or through 2R2, it is understood that you are submitting a binding offer to purchase a Content or Service. Upon completing the purchase and displaying the Complete checkout - Completed by 2R2, your order will be accepted and confirmed. It is expressly agreed that the supply of a 2R2 will commence immediately following the display of the Complete checkout - Completed.
- There shall be no entitlement to any refunds or returns except in relation to any warranties or guarantees that are mandated by applicable law and cannot be lawfully excluded or restricted.
- 2R2 shall act as the agent for the seller of a 2R2 and receive payments on their behalf. As a seller of a 2R2, you hereby authorize and appoint 2R2 as your agent for the sole purpose of receiving, holding, and facilitating settlements for payments made by buyers of the 2R2 that you have sold.
Article 26 (Third Party Terms)
- Regarding Third-Party Services and Linked Websites, 2R2 holds the right to offer tools via the Service, which allows for the exportation of data, including User Content (defined below), to third-party services. This includes functionalities that enable linking of your Account with an account on third-party service, such as Twitter or Instagram, or our implementation of third-party buttons.
- Usage of any of these tools shall constitute an agreement by the user to permit 2R2 to transfer that data to the corresponding third-party service.
- Third-party services are beyond the control of 2R2, and to the extent permitted by law, 2R2 holds no responsibility for any third-party service's use of exported information. Additionally, the Service may provide links to third-party websites. These linked websites fall outside 2R2's control and 2R2 holds no responsibility for their content.
- The Service may comprise or include third-party software components that are usually accessible to the public free of charge under licenses that provide recipients with wide-ranging rights to reproduce, amend, and distribute said components ("Third-Party Components").
- Even though the Service is provided to you subject to these Terms, nothing in these Terms obstructs, restricts, or intends to obstruct or restrict you from acquiring Third-Party Components according to the relevant third-party licenses or to limit your usage of Third-Party Components under those third-party licenses.
- If Users choose to access any such resources, products, services, or content or participate in any such promotions, they do so at their own risk. By doing so, Users expressly waive and release 2R2 from all liability arising from their use of any such resources, products, services, or content or participation in any such promotions. Users also acknowledge and agree that 2R2 will not be held responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such resources, products, services, content, or promotions from third parties.
Article 27 (Fees and Royalties)
- The member recognizes and consents that all fees, commissions, royalties and other compensation ("Fees") are provided in consideration of the 2R2 provisions of the Platform hereunder (which includes enabling the minting and/or listing of NFTs) and that such Charges will be transferred, processed, or initiated directly through one or more of the smart contracts on the Ethereum blockchain network.
- The Company reserves the right to impose fees for transactions on the Platform, limited to a maximum of 2% of the total sales price. The Company may, at its sole discretion, distribute its share of the total sales price as it deems fit. The Company shall notify the user of the applicable fees at the time of creating or selling, or by any other reasonable means.
- The company cannot guarantee any payment for a secondary sale outside the Platform of Digital Artwork launched on the Platform.
- The Company does not generally collect any fees, commissions, or royalties for transactions occurring outside of the Platform. With respect to any Payments which are to be received by a Creator with respect to any NFTs, The Company is not responsible for the Creator's ability to collect any Payments for transactions occurring outside of the Platform. Users irrevocably release, acquit, and forever discharge 2R2 and its Affiliates and its and their officers and successors of any liability for payments, penalties, or fees not received from any transaction outside of the Platform.
Article 28 (Copyright)
- The creator of the NFT shall own the copyright and all other intellectual property rights in and to the NFT, including artwork or content, unless otherwise specified in writing.
- The Member shall be granted a limited, non-exclusive, non-transferable license to use the NFT solely for personal, non-commercial use, subject to compliance with these terms and conditions.
- Under no circumstances may the purchaser sell, transfer, distribute, license, or assign any copyright or other intellectual property rights in the NFT, except as expressly permitted herein. Member also may not modify, copy, reproduce, publish, display, create derivative works of, or use the NFT for any commercial or other unauthorized purpose.
- A member may not create derivative works of the NFT or use the NFT as the basis for creating other works without the express written permission of the creator of the NFT.
- Member acknowledges that any unauthorized use of the NFT may constitute copyright infringement and may be subject to legal action, including but not limited to injunctive relief, damages, and attorney fees.
- Posted content can be exposed in search results or in the company's services and related promotions, and can be modified, reproduced, edited, and posted to the extent necessary for such exposure. In these cases, the company will comply with the provisions of copyright law.
Article 29 (Copyright Complaints)
- 2R2 holds the intellectual property of others in high esteem and expects the same from its users. If a user suspects that their work has been replicated in a way that amounts to copyright infringement or if their intellectual property rights have been infringed upon in any other manner, they are required to bring it to the attention of the 2R2 according to the process outlined below.
- Upon receiving the request, the Company should immediately cease trade support for the respective copyright and inform the claimant, NFT holders, and issuers about the matter.
- If the issuer, who has been notified according to paragraph 2, proves that they have legitimate rights and requests a resumption of use and distribution, the "Company" shall promptly notify the claimant and the member who holds the NFT about the fact of the resumption request and the resumption date, and resume the “Policy concerning buyer’s rights " on the planned date. However, this is not the case if the claimant notifies the Company before the resumption date that they will file a lawsuit against the "NFT issuer" for their infringing actions.
- If a dispute between the NFT issuer and the claimant is not resolved and the member who holds the NFT suffers damage, the Company is not responsible for this. However, if damage occurs due to the Company's intent or negligence, the Company bears responsibility within the limits defined by law
Article 30 (Restriction on Use)
- If a Member violates the provisions of these Terms and Conditions or interferes with the normal operation of the Service, the Company reserves the right to restrict the Member's use of the Service in a progressive manner, including through warning, temporary suspension, or permanent suspension.
- Notwithstanding the preceding Paragraph, the Company may immediately and permanently suspend any Accounts immediately for identity theft and payment fraud in violation of the Resident Registration Act, the provision and operation of illegal programs in violation of the Copyright Act, illegal communication and hacking in violation of the Information and Communications Network Act, distribution of malicious programs, or violation of any applicable laws such as obtaining excessive access privileges. In the case of permanent suspension of use under this Paragraph, all benefits obtained through the Service will also be lost, and the Company shall not be liable to compensate for the loss of such benefits.
- To the extent that the restrictions of use are stipulated under this Article, the Company shall prescribe the terms and details of such restrictions in the restriction on use policy and the individual service policies.
- In the event of restricting the use of the Service or terminating the use of the service contract with a Member under this Article, the Company shall notify the Members in accordance with Article 9 (Notification to Members).
- A Member may file an objection to the restriction of use under this Article according to the procedures set forth by the Company. In this case, if the Company recognizes that the objection is justified, the Company shall immediately resume the use of the Service.
Article 31 (Changes to Terms of Service, etc.)
- If deemed reasonable, the company reserves the right to modify some or all of the company's services in accordance with operational and technical requirements.
- In the event of any modifications to the Contents, modes of operation, or operating hours, the Company shall post notifications pertaining to such changes on the initial screen of the Service before the changes take effect.
- The Company may revise, suspend, or change part or all of the Company services that are provided free of charge according to the Company's policies and operational needs, and shall not make any compensation to the Members unless otherwise specifically provided for under the relevant laws.
- The Company may temporarily suspend the provision of the Company services in the event of maintenance, replacement and breakdown of information and communication equipment, communication interruption, or other operational reasons. In such case, the Company shall notify the Members in the manner specified in Article 9 (Notification to Members). However, if the Company is unable to provide prior notification for an unavoidable reason, the Company may give subsequent notifications.
- The Company may conduct periodic inspections as necessary for the provision of services, and the periodic inspection hours will follow the notification displayed on the service provision screen.
- We reserve the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting on the Services. Your continued use of the Services after any such modifications shall constitute your acceptance of the modified Terms.
Article 32 (Provision of Information and Posting of Advertisements)
- The Company has the discretion to provide Members with necessary information through notices or email while using the Service. However, Members have the right to refuse to receive emails at any time, except for transaction-related information and responses to customer inquiries in compliance with applicable laws.
- In connection with service operations, the Company may display advertisements on the service screen, website, email, and other related channels. If a Member receives an email with advertisements, they have the right to opt out of receiving future communications.
- It is prohibited for Members to modify or restrict postings or other information related to the Service provided by the Company.
Article 33 (Termination)
- A Member may at any time apply for termination of the use of the service contract through the customer center on Service.
- If the use of the service contract is terminated for any reason specified in this Terms and Conditions, all Member information will be deleted immediately upon termination, except for cases where the Company retains Member information in accordance with the relevant laws and personal information processing policies.
- When a Member terminates the use of the service contract, all posts registered in their Account, among the “Posts” created by the Member will be deleted. However, the “Posts” that have been added or scrapped by others and reposted on other people's Accounts or registered on public bulletin boards will not be deleted.
- The Company may terminate the use of the service contract with a Member who repeatedly infringes on the copyrights of others and other rights protected under the Copyright Act, and suspend or close the relevant Account.
- Upon termination of this Terms and Conditions and/or termination of Member’s access or use of services, all the following shall remain in full force:
- All obligations held by Members to the Company under this Terms and Conditions
- All remedies for violations of this Terms and Conditions
- If any of the provisions of these Terms are violated by you, your permission to access the Service and these Terms will be automatically revoked. Additionally, 2R2 may, at its sole discretion, terminate these Terms or your Account, or suspend or end your access to the Service at any moment and without providing any reason, with or without prior notice.
Article 34 (Smart Contract Enabled)
- The term "Smart-Contract Enabled" means that the Platform allows the use of smart contracts. "Digital Artwork" on the Platform pertains to a non-fungible token that is based on the Ethereum blockchain and employs smart contracts (referred to as "Smart Contracts”).
- The Ethereum blockchain provides an immutable ledger of all transactions on the network, which means that no single party, including the Company, has control over Digital Artwork, and there are various risks and uncertainties involved. We do not have ownership or control over MetaMask, the Ethereum network, Collection Smart Contracts, your browser, or any other third-party site, product, or service that you may use to access the Platform's features. We will not be held liable for any actions or omissions of third parties, nor for any damages that may arise from your transactions or interactions with them. You acknowledge that your Ethereum public address will be made publicly visible whenever you engage in a Transaction on the Platform.
Article 35 (Beta Platforms)
- The Company will attempt to indicate such Beta Platforms on the Platform through labeling. By accepting these Terms or using the Beta Platforms, you recognize and acknowledge that the Beta Platforms are made available in their beta version and provided on an "as is" or "as available" basis. The Beta Platforms may contain bugs, errors, and other technical difficulties. As a user, you assume all associated risks and expenses linked to using the Beta Platforms, which include but are not limited to internet access fees, backup expenses, device and peripheral costs, and any harm to equipment, software, information, or data. Furthermore, the Company holds no obligation to offer maintenance, technical or other support for the Beta Platforms.
- Please note that you are using a beta version of our platform and services, which may be changed or improved without prior notice. 2R2 reserves the explicit right to adjust these terms and the platform with or without prior notice along with our administrators. All changes will be communicated via the posting of updated terms or appropriate notifications.
- Your access to certain beta services starts from the day 2R2 provides you with such services and ends on the earlier of:
- The day we officially offer the beta services as a part of our standards services or additional features or
- The day you terminate the beta services through a written notice 30 days prior.
- We may also choose not to offer the beta services as part of the standard services as part of the standard services or additional features. Therefore, your purchasing decisions on the platform should not rely on the expectation of feature features or functionalities within the beta services.
Article 36 (User Disputes)
- A User hereby acknowledges and agrees that you are solely responsible for your dealings with other users, including creators, collectors, and curators in connection with the 2R2. You as a user, understand and agree that 2R2 has no responsibility or liability in connection therewith, including the nature of any NFT sale, promotions, or privileges conducted by the user. 2R2 reserves the right to intervene in disputes between you and other Platform users but has no obligation to do so.
Article 37 (Governing Law and Jurisdiction)
- These Terms and Conditions are governed and performed in accordance with the laws of the Republic of Korea, and any litigation brought between the Company and the member is subject to the laws of the Republic of Korea.
- Any dispute that arises between the Company and the member is resolved through arbitration by the Korea Commercial Arbitration Board.
- Failure or delay by the Company to exercise its rights, privileges, or powers under these Terms does not constitute a waiver of such rights, privileges, or powers.
Article 38 (Language)
- All translations of this agreement are for your convenience, and the meaning of terms, conditions, or expressions shall be defined and interpreted according to the Korean version.
- This Terms and Conditions is effective from July 22, 2023