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These Terms of Use (hereinafter referred to as the “Terms” or “Terms & Conditions”) shall govern the relationship between Artchemy, having its principal office at Mexico City 14420, Mexico (hereinafter referred to the “Company” or “Artchemy” or “us” or “our” or “we”) and you (hereinafter referred to “you” or “your” or “user(s)”) and shall also govern your use of www.evolutionamericana.com/ (hereinafter referred to as the “Website” or “Site”). Additionally, how we collect, use, store, share and transmit your data is governed by our Privacy Policy statement and Cookie Policy. These Terms of Use shall be read in conjunction with our Privacy Policy statement, and Cookie Policy. THESE TERMS OF USE PROHITS JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. PLEASE READ THESE CAREFULLY. If you do not accept these Terms in its entirety, then you cannot use the Site or make purchases with us.
By accessing or using our Website or making purchases with us in any way or clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that: You have read, understood, and agreed to be bound by these Terms, any future updates and additions to these Terms, as published from time to time at the Website. You are of sound mind and at least of the age of majority as per the laws of State that you reside in, in order to form a binding contract with us. In case you are not of the age of majority, then you must have the permission of your lawful guardian to use and access or make purchases on the Website. You have read, understood and consented to our Privacy Policy statement and Cookie Policy. We have not previously disabled your account for the violation of law or any of our policies.
Account Registration: To access various parts of the Website, and to avail various services, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a password and an account. Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your user account and refuse current or future use of any or all of the services.
Allowed uses: Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with our services. Information: Whenever prompted, you must provide us with the correct, accurate and updated information about yourself. This will be processed in accordance with our Privacy Policy statement. Material: For the purposes of these Terms, “material” shall mean any NFT, images, merchandise, video, text, graphics, sound material, published on the Website, whether a copyright of Artchemy, its artists, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Website. You must not reproduce any part of the Website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form, unless we have indicated that you may do so.
You can’t impersonate others or provide inaccurate information. You must not misuse or interfere with the Website or our services or try to access them using a method other than the interface and the instructions that we provide. You must not: republish material (including NFTs and merchandise) from this Website; sell, rent or sub-license material (including NFTs and merchandise) from the Website; show any material (including NFTs and merchandise) from the Website in public without our consent; edit or otherwise modify any material (including NFTs and merchandise) on the Website (other than editing your own information as per the method provided); reproduce, duplicate, copy or otherwise exploit material (including NFTs and merchandise) on our Website for a commercial purpose; or redistribute material (including NFTs and merchandise) from the Website, except for content specifically and expressly made available for redistribution, or with our written consent and according to our terms; infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors or any third party; We reserve the right to restrict your access to any areas of our Website, or indeed our whole Website, at our discretion. We reserve the right to discontinue our services, or delist any of the NFTs or merchandise from our Website, at any time, at our sole discretion. You must not use our Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website, without our express written consent.
This Website, its logos, trademark, trade dress, trade name, NFTs, merchandise, and content, shall remain the sole property of the Artchemy, its artists, its licensor or third parties, as the case may be. Your use of or access to this Website or your purchase of any of our merchandise shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website or such merchandise or any content published by us or artists or our licensors or third parties. This Website, NFTs, merchandise and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Website are the exclusive property of, or are licensed to the Artchemy or its owners/directors, and are protected. No use of a trademark, trade dress, trade name, design, or any unauthorized use of the NFT or merchandise or content, appearing on this Website may be made without the prior written permission of the Artchemy. Your Intellectual Property: While using our Site, you may be allowed to share your feedback, and other kind of content/information, including without limitation, name, email, preferences, blockchain address, social network profiles, profile picture, votes, ratings, comments, and ideas (collectively, “Your Content”). Ownership: Your Content may be protected by intellectual property laws, and you own the intellectual property rights in all of such of Your Content. Nothing in these Terms takes away the rights you have to Your Content. You are free to share Your Content (except defamatory one), wherever you want. License: However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use Your Content. This is solely for the purpose of providing and improving our services. Specifically, when you share such of Your Content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, copy, publicly perform or display, and translate the same. However, we do not have any responsibility to use or display any part of Your Content on any part of the Website. We retain the right to use or display or not display the same at our own discretion. For example, if we find your comment is defamatory, we may not display the same or take it down. Deletion: You can delete your account and Your Content from our Website at any time.
The Website might contain links to third-party websites, products and services. For example, if you wish to purchase any of the NFTs listed on the Site, you will be taken to a third-party platform, namely, OpenSea (www.opensea.io/), where you can choose to purchase the NFT as per terms and policies of Open Sea. Such third-party links (including OpenSea) are not under the control of Artchemy, and Artchemy is not responsible for any third-party links. Artchemy provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our Website. Therefore, you shall be governed by the terms & conditions, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, Artchemy shall not be responsible.
In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our Website.
You agree to pay for the merchandise that you purchase on the Site, and you authorize us to charge your debit or credit card or process other means of payment for those payment. You shall be responsible to borne all the applicable taxes (wherever applicable). The service may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to modify the prices of our Merchandise or delist any or all of the NFTs or merchandise from our Site at any time, at our sole discretion, without any prior notice.
We do not offer any refunds for any merchandise purchased on the Site under any circumstance. Also, for the sake of clarity, it is mentioned that the NFTs listed on the Site can only be purchased through a third-party website, namely, OpenSea (www.opensea.io/), and therefore we shall not be responsible to account for any loss or issue suffered by you in such circumstances.
The site is provided on an “as-is” and “as available” basis. To the extent that you purchase any NFT listed on the Site from OpenSea, please be aware that the prices of NFTs are extremely volatile and fluctuations in the prices of other NFTs impact the price of your NFT, both positively as well as negatively. Moreover, NFTs, cryptocurrencies and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies impacting the value for your NFT; you assume all risks in that connection.
To the maximum extent permitted by applicable law, we DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, LIKENESS, FINANCIAL GAIN OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT about our services, NFTs listed on the Site, or merchandise purchased from the Site, or any of our content. In no event shall Artchemy, or its owner(s), be liable to you or any third party for any lost profits, lost data, financial loss, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or our services or NFTs or merchandise, even if Artchemy has been advised of the possibility of such damages. Access to, and use of, the Site and availing our services is at your own discretion and risk, and you will be solely responsible for any losses or damages resulting therefrom. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so some of the limitations above may not apply to you.
If you are found to be degrading, tarnishing, maligning the image, goodwill or reputation of Artchemy or its artists or its owners/directors, by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
You acknowledge to defend, indemnify and hold Artchemy, its artists, its owners/directors, and licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable Lawyer’s fees, made by a third party, relating to, or arising from: Your violation of our rights, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights; Your wrongful or improper use of our services, NFTs, merchandise, Site or content; Your violation of any applicable laws, rules or regulations; Your violation of these Terms or any other policy of ours as associated with our services; The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.
If we are put on notice that your use or action violates the law or the rights of others, or if the same is unlawful, inappropriate, or objectionable, we may suspend your account from the Website. Please notify us if you believe any of your intellectual property rights have been infringed on our Website. Please file your copyright infringement claim with our Copyright Agent, namely (Name of Copyright Officer), at (artchemy@fragatta.com) for such complaints and claims. You are required to follow the below procedure to file a claim: Identify in writing the copyrighted material that you claim has been infringed upon; Identify in writing the copyrighted material that has infringed upon your copyright; Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address; Provide your physical and/or electronic signature; Send us a written communication to (artchemy@fragatta.com); You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.
Governing Law: The Terms and any dispute arising from the same will be governed by applicable laws of United Mexican States (Mexico). Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in Mexico City (Mexico). Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY. Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER, AS THE CASE MAY BE, CANNOT BE CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER, AS THE CASE MAY BE.
When you use the Website or send emails to Artchemy, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Website, or through phone call, SMS, or WhatsApp message. Artchemy will communicate with you by email or by posting notices on this Website or through phone call, SMS, or WhatsApp message. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to (artchemy@fragatta.com).
Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend your account, and your access to our website, at our sole discretion. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect. Waiver: Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between us and you or any other party be deemed to modify any provision of these Terms. Survival: Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Use, for any reason whatsoever. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. No Assignment: You may not assign these Terms of Use (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Artchemy, which may be withheld at Artchemy’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Entire Agreement: The Terms, our Privacy Policy and Cookie Policy, together with any additional terms and conditions executed between us, constitute the entire Agreement between Artchemy and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Website. Force Majeure: Artchemy, its owner/director, and its agents will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions. Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Site after any amendments to the Terms shall constitute your acceptance to such amendments.
In the event you have any grievance regarding anything related to these Terms or Privacy Policy or Cookie Policy, or with any of the content or product of Artchemy, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at: Email: (artchemy@fragatta.com)
We welcome your questions or comments regarding the Terms. You can write to us via email: (artchemy@fragatta.com) Last updated on 2022.05.05.
