NFT Terms and Conditions
What is Urth Gallery?
- The Urth online gallery (Gallery) is an online space where artists (Artists) can offer for sale physical works (Physical Artworks) and digital artworks (Digital Artworks) (collectively Works) represented on non-fungible cryptographic tokens (NFT’s) to collectors, users and members of the public (you).
- The Urth online gallery, located at 5/74 Centennial Circuit, Byron Bay, NSW, 2481, Australia (Gallery), is owned, controlled and operated by Gobe Corp Pty Ltd (ACN 163 651 081) (Urth, we, our, and/or us).
Purpose of Urth Gallery
- The purpose of the Gallery is to:
- Provide an online gallery for Physical Artworks, Digital Artworks and NFT’s;
- Promote the Physical Artworks, Digital Artworks and NFT’s of artists; and
- Offer Works and NFT’s for sale, as well as facilitate the purchase of Works and NFTs.
Our Gallery Terms and Conditions of Use
- As a condition of browsing, using and purchasing from the Gallery, you agree to the following terms and conditions (Terms). These Terms apply to Physical Artworks, and Digital Artworks represented on NFT’s purchased via the Gallery.
- BY BROWSING, USING OR PURCHASING FROM THE GALLERY, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD STOP BROWSING, USING OR PURCHASING FROM THE GALLERY IMMEDIATELY.
- We may vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to browse, use and purchase from the Gallery you agree to be bound by the Terms as varied from time to time.
- By accepting these Terms, you also acknowledge that you have read our Privacy Statement available here and to the extent permitted by law, you consent to how we collect, handle and use your Personal Information in accordance with our Privacy Statement.
- We reserve the right to introduce additional functions and services on the Gallery at any time without notice to you.
- We may restrict your rights to browse, use and purchase from the Gallery if you breach these Terms or for any other reason (in our sole discretion).
- To purchase Works and NFT’s via the Gallery, you must be over 16 years of age.
- Any questions about these Terms can be directed to our customer support team.
User Accounts
- You may but are not required to set up a registered user account to use the Gallery and purchase Works and NFT’s from the Gallery. If you register a user account with us, you will enjoy an increased level of functionality from the Gallery.
- You can register a user account by providing us with a username, password, email address and such other details as we reasonably require from time to time.
- You will be required to create a unique password to obtain access to your user account. You are solely responsible for maintaining the confidentiality of your password and undertake not to allow the security of your user account to be compromised through misuse of your password. You must immediately notify our customer support team of any suspected misuse of your password.
- Without limiting any other rights which we may have to communicate with you, you agree that Urth may send e-mails to the nominated e-mail address for your user account for notification purposes regarding the Gallery (including in relation to any updates to these Terms and Privacy Statement).
Purchasing Works and NFT’s at Urth Gallery
- Urth offers Works and NFT’s for sale through the Gallery, and may also offer Digital Artworks or Physical Artworks only (with no accompanying NFT) for sale through the Gallery.
- By placing an order via the Gallery (Order), you are offering to purchase a Physical Artwork, or Works and NFT’s, or Digital Artwork and NFT (as applicable) on and subject to these Terms. You agree that Urth has the right to accept or reject an Order for any reason at any time, and all Orders are subject to availability.
- Each Order accepted by Urth is a separate and binding agreement between you and Urth in relation to the purchase of a Physical Artwork, a Digital Artwork, Works and NFT’s.
- When we receive an Order, you will receive a confirmation email acknowledging your Order. We will then carry out a standard pre-authorisation check to make sure there’s enough money on your card to complete the Order. We will only be in a position to accept your Order (subject to our rights under clause 20 to reject an Order) once payment has been approved and we have debited the payment card.
- Occasionally, we may need to cancel an Order (even if we have previously accepted your Order) or freeze or close any account you may have with the Gallery. We will only take such action if we notice unusual activity with an Order or your account. If this happens to you and you think we’ve made a mistake, please get in touch with our customer support team and they’ll be happy to chat to you about it. If we cancel an Order, we will provide a full refund of all monies paid to us in relation to the cancelled Order.
- Product prices and shipping fees are displayed in the Gallery or otherwise provided in these Terms below. We reserve the right to change pricing at our discretion and without notice to you. The Prices are in the local currency from the store which you purchase the products from. Prices included in the order total including any taxes applicable.
- To purchase products via the Gallery, we accept Visa, Mastercard, American Express, PayPal, AfterPay, Bitcoin and Ethereum. We use a number of third party payment processors, including Shopify payments, PayPal, POLI, Afterpay and Coinbase, to process all credit card payments and do not collect or record any credit card details provided by you when making purchases via the Gallery. We are not responsible for any credit card fees or surcharges (including any currency conversion fees) that your bank may charge.
Delivery of Digital Artwork
- After we accept your Order relating to Works and NFT’s, or a Digital Artwork and NFT and provided we do not cancel the Order under clause 20 above, we will send a copy of the Digital Artwork and details of the NFT representing ownership of that Digital Artwork to your nominated Ethereum wallet address. If you don’t have an Ethereum wallet at the time you place your Order, you can follow our guide to assist you to setup an Ethereum wallet via this link.
- After we receive your Ethereum wallet address, you will receive a copy of:
- the Digital Artwork and details of the NFT representing ownership of that Digital Artwork and ownership of the accompanying Physical Artwork (where you have purchased Works and an NFT); or
- the Digital Artwork and details of the NFT representing ownership of that Digital Artwork (where you have purchased the Digital Artwork and NFT only), within an estimated 7 days and we will send the NFT and a copy of the Digital Artwork to you via the Ethereum Blockchain.
- The Gallery does not store, send, or receive NFT’s. All NFT’s sold via the Gallery are maintained on the Ethereum blockchain. The delivery of Digital Artwork and NFT’s occurs via the Ethereum blockchain.
Shipping of Physical Artwork
- After we accept your Order relating to Physical Works only and provided we do not cancel the Order under clause 20 above, we will ship the Physical Work to your nominated delivery address as set out in clauses 27 and 28.
- Before you finalise your Order, you can choose free standard shipping, or express shipping at an additional cost for your Physical Work. Please note that the indicative delivery timings provided are ‘estimates only’ and can be affected by local circumstances such as postal or logistics delays or bad weather. See our Delivery & Shipping page for more info or get in touch with our customer support team if you have any issues or questions.
- You agree that we are not responsible for any loss suffered by you where an Order is not processed or delivered within the estimate time frame. We will notify you via email if there are any significant processing or delivery delays in relation to your Order.
Security
- You acknowledge that:
- there are risks associated with using an Ethereum wallet (including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software, and the risk that third parties may obtain unauthorized access to information stored within your Ethereum wallet);
- you are responsible for the accuracy of all details relating to your Ethereum wallet address; and
- you are at all times responsible for the security of your Ethereum wallet address.
- Urth is not responsible for any vulnerability or any kind of failure, abnormal behaviour of software (including, but not limited to, any blockchain-based wallet, the function of a smart contract, or the function of any blockchain). We are not responsible for any issues with the blockchain supporting the NFT’s including forks, technical node issues or any other technical issues.
Title and Risk
- Title in a Work and accompanying NFT comprising an Order does not pass to you until full payment in cleared funds is received by us for that Work and NFT.
- Where a Physical Artwork only is contained in an Order, Title in a Physical Artwork contained in the Order does not pass to you until full payment in cleared funds is received by us for that Physical Artwork.
- Where a Digital Artwork only is contained in an Order, Title in a Digital Artwork contained in the Order does not pass to you until full payment in cleared funds is received by us for that Digital Artwork and we have received your Etheruem wallet address as set out in clause 23 and 24.
- Risk in a Work is passed to you when the Work leaves the Gallery address (for Physical Artworks), or when the Work is sent to your Ethereum wallet address (for Digital Artworks) and to your Ethereum wallet address (for NFTs).
Australian Consumer Law
- Our goods and services come with consumer guarantees specified in the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL) which cannot be excluded by these Terms. Nothing in these Terms will override your rights as a consumer or otherwise at law.
Returns and refunds
- We are sure that you will love our artworks as much as we do. However, and subject always to clause 35 of these Terms and your rights under the Australian Consumer Law (if applicable), we do not offer refunds for returns due to ‘change of mind’ unless we otherwise agree in writing.
- If you believe your product is faulty or was different to the product you purchased, please contact us and confirm the following information:
- customer name;
- date of purchase;
- order number;
- product/s being returned;
- reason for return; and
- outcome requested (for example full refund, a replacement, repair or credit).
- If you discover that any Physical Artwork is faulty or damaged, you must return the Physical Artwork to us within 30 days of receipt of purchase.
- Where you wish to return a product under clause 37 and we determine the product is faulty, you will be entitled to a full refund on the relevant purchase price (including postage costs), replacement (if available), exchange or credit. We will also pay any applicable return shipping costs.
- Where you wish to return a product under clause 37 and we determine the product is not the product ordered, we will send you the correct order. We will also pay any applicable return shipping costs.
- Subject to clause 35 and to the extent permitted by law, you agree that NFT’s and Digital Artworks are strictly non-refundable.
Intellectual Property
- Urth is an authorised licensee of the Urth trade mark in Australia, which is owned by Gobe Corp UK Ltd.
- Subject to clause 45 below, we are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Gallery (Content). You may download, view, copy and print any Content for personal, informational and non-commercial purposes only. All other uses are strictly prohibited.
- While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our prior written permission if you would like to use, copy or reproduce any part of this Gallery or the Content for any other purpose.
- Unless otherwise stated, we are not the copyright owner of the images, videos, literary works, designs, source code and data, and any other copyright matter contained in the Works that are displayed for sale in the Gallery (Artist Content). Artists retain ownership of all rights (including copyright), title and interest in their Works and any related biographical material listed on the Gallery. Artists grant us a licence to use Artist Content on the Gallery. You must not download, view, copy and print any Artist Content for any personal, informational, commercial or any other purpose.
Collector’s Rights to Works and NFT’s
- When an Order relating to Works and NFT’s is delivered to you, you receive:
- a Physical Artwork;
- a Digital Artwork; and
- an NFT representing ownership of that Physical Artwork and Digital Artwork.
- When an Order relating to Physical Artworks only is delivered to you, you receive a Physical Artwork only.
- When an Order relating to Digital Artworks only is delivered to you, you receive a Digital Artwork and an NFT representing ownership of that Digital Artwork.
- The NFC tag displayed on the Work will link you to the location of the NFT and demonstrates the authenticity of the particular Work you have purchased. The Work may also contain additional identifying information (including the Artist’s signature, print edition and date of print of the Work).
- By purchasing a Physical Artwork or Digital Artwork on the Gallery, you acknowledge and agree that you do not receive any legal ownership, rights, or title to any copyrights, trademarks, or other intellectual property rights contained in the Works, other than the limited licences granted to you under clause 51 and clause 52 below in relation to the Physical Artworks and Digital Artworks.
- When you receive a Physical Artwork, you are entitled to exhibit the Physical Artwork commercially on a limited basis (that being in a physical art gallery, a restaurant, a café or a hotel only) or privately, subject to any exhibiting restrictions the Artist has attached to the Physical Artwork as listed on the Gallery.
- When you receive a Digital Artwork, the Artist grants you an exclusive, worldwide, assignable, sub-licensable and royalty-free license to reproduce the Work and communicate the Work to the public for commercial and private purposes subject to the following conditions:
- Only within the following media:
- decentralized virtual environments and virtual worlds;
- virtual galleries, virtual museums; and
- other navigable and perceivable virtual environments; and
- digital displays (for example, a television or projector screen).
- Subject to any usage restrictions the Artist may attach to the Digital Artwork listed on the Gallery (if any).
- You agree that you may not, or permit any third party, to do or attempt to do anything relating to the Physical Artwork or Digital Artwork that does not observe the moral rights (given meaning as set out in the Copyright Act 1968 (Cth)) (Moral Rights) of the Artist or in any way which otherwise infringes the Moral Rights of the Artist. When exercising all rights provided to you in relation to the Physical Artwork and Digital Artwork under these Terms including under clause 51 and clause 52, you must ensure you correctly attribute the relevant Artist as the creator of the the Physical Artwork and Digital Artwork.
Re-sale of Works and NFT’s via Urth Gallery
- You may re-sell a Work (both the Digital Artwork and Physical Artwork) and NFT via the Gallery by contacting [insert link] and nominated your price for the Work and NFT. Where a Work and NFT is re-sold via the Gallery, the Artist will receive a commission of 10% of the total re-sale price of the Work (Artist Re-sale Commission). Urth uses its best endeavours to ensure that the Artist Re-sale Commission complies with Ethereum EIP-2981: NFT Royalty Standard.
- Where a Work and NFT is re-sold via the Gallery, Urth will receive 10% of the total re-sale price of the Work.
Re-sale of Digital Artworks and NFT’s via third party digital marketplaces
- You may re-sell a Digital Artwork and NFT via third party digital marketplaces. Our FAQ on the process for re-selling a Digital Artwork and NFT via a third party digital marketplace can be found at [insert link].
- You acknowledge that we have no affiliation with any third party digital marketplaces and are not responsible for the functionality or authenticity of any third party digital marketplace.
- Any new owner of a Digital Artwork and NFT has the right to have the Physical Artwork re-printed by the Gallery (subject to any additional printing costs relating to the re-print of that Physical Artwork and any print edition restrictions the Artist has attached to the Physical Artwork as listed on the Gallery, or contained in the NFT). A new owner of a Digital Artwork may order a new Physical Artwork from the Gallery by completing the application form at [insert link].For each Work and NFT that is re-sold via the Gallery, Urth takes steps to ensure that 10 trees are planted in a community affected by deforestation.
Third Party Links
- The Gallery may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided on those third party websites. You agree we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.
Your Obligations
- You agree that you will not:
- use the Gallery for any purpose that is illegal, unlawful or prohibited by these Terms of Use; or
- interfere or attempt to interfere with, or obtain or attempt to obtain unauthorised access to, the proper working of the Gallery or any Content, including (without limitation) through:
- hacking or use of automated devices, scripts or bots;
- destructive transmission of viruses, malware or any code or other conduct of a disruptive or destructive nature;
- reverse engineering, circumventing, damaging, disassembling, attempting to discover the source code; or
- other illegitimate means;
Limitation of Liability
- Subject always to clause 35 of these Terms and only to the extent permitted by law, Urth:
- does not make any representations, warranties or guarantees in relation to the supply of goods and services by Urth via the Gallery; and
- disclaims all liability (whether based in negligence or any other tort, contract, statutory liability or otherwise) in connection with any loss and/or damage arising out of or in connection with your use of, or reliance on, the Gallery.
Indemnity
- As a further condition of using the Gallery, you must indemnify us against all direct, quantifiable, and reasonable Loss suffered by us and/or our representative (whether based in negligence or any other tort, contract, statutory liability or otherwise) as a result of you breaching these Terms of Use, or otherwise from your use of the Gallery.
Governing Law
- The Terms are governed by and are to be construed in accordance with the laws of the State of New South Wales, Australia without giving effect to any conflict of laws principles and you agree that the courts of the State of New South Wales, Australia will exclusively adjudicate over any dispute in relation to these Terms.
- This Gallery may be accessed from outside Australia. We make no representation that the Content available through this Gallery complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Gallery from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
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