- The following General Terms and Conditions (the “GTCs”), available on the website publicpressure.io (the “Site”) govern all use of the Site, Platform, contents, services, and products available from time to time at or through the Site (collectively referred to as the “Services”), provided to You, as the case may be, as Non Registered User, Artist, Seller, Buyer, Licensor or Users ( “You”).
- The Services are owned and operated by Public Pressure Limited, a private company limited by shares duly existing and organized under the laws of Ireland, with registered office in 3rd Floor, Ulysses House, Foley Street, Dublin 1, Ireland, D01 W2T2 registered at the Registrar of Companies of Dublin with Number 701750 (“Public Pressure” or “We”).
- Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Service and/or the Site You agree to become bound by the Agreement. If You do not agree to all the terms and conditions of this Agreement, then You may not access the Site or use any Services of Public Pressure. The Services are available only to companies and to individuals who are at least 18 years old and in any case individuals that have reached the age of majority in its place of residence.
- The GTCs are addressed to the following categories of recipients:
- Non Registered Users which means users who can browse the freely accessible areas of the Site without registering;
- Artists which means any registered users who create Artistic Content NFTs available on the Marketplace. The category of Artist includes authors who create intellectual and artistic works and performers who perform or interpret such works;
- Sellers which means any registered users, whether natural or legal persons, who sells, lawfully, through the Marketplace, Artistic Content NFTs, whose Intellectual Property Rights belong to the legitimate owners;
- Buyers which means any registered users who purchases Artistic Content NFTs through the Marketplace;
- Visitors which means any person, registered or unregistered, who accesses or browses the Site;
- Users which means the Non Registered Users, the Artists, the licensors, the Sellers, the Buyers, and the Visitors, collectively.
- Licensor which means any registered users, whether natural or legal persons, holders of the Intellectual Property Rights of certain Artistic Contents, who by activating the Curated Drop option, regulated by the clause 10 of Section B (GTD), decide to license all or some of its IP rights in favor of Public Pressure with the aim to allow Public Pressure to act as a Seller of the Artistic Content NFTs through the Marketplace.
- The GTCs are divided into Special Sections, according to the subject matter that each of them
regulates, as follows:
- Section B contains the General Terms and Conditions of Artistic Content NFTs Drops, or shortly “GTD”, which regulate the contractual relationships between Public Pressure and the Artist or Seller relating to the Artistic Content NFT drops;
- Section C contains the General Terms and Conditions of Artistic Content NFTs Purchase, or shortly “GTP”, which regulate the sale and purchase of Artists Content on the Marketplace;
- Section D contains the Common Rules, e. rules that apply to any User in addition to other Special Sections;
- Section E contains the Glossary, e. the Section explaining the meaning of capitalized definitions, which We recommend You consult for a better understanding of this document.
- In case of contrast between rules contained in the TOS and rules contained in the other Special Sections, the latter will
- Public Pressure reserves the right, in its sole and absolute discretion, to amend, modify, alter or supplement the Agreement and the Smart Contracts accessible through the Platform from time to time.
- Public Pressure is a blockchain-based platform for the NFT music marketplace that allows Artists to create and sell unique performances to their Fans with a new format: NFT and Fans are empowered to support their favorite Artists by enabling them to create content and increase their visibility on the Platform.
- Public Pressure is also a new model of audio content circulation that decentralizes distribution processes, giving direct incentives to listeners/curators and connecting those incentives to the local economy through a system of geolocation of audio files.
- The Site is accessible from the domain publicpressure.io and has been created to ensure a Web presence for Public Pressure and to provide the Services through the Platform.
- The Site, the domain publicpressure.io and its subdomains are the exclusive property of Public Pressure.
- This Section governs the provision of the pages of the Site and their use.
- ACCEPTANCE OF THE TOS
- By using the Site, the Visitor implicitly accepts the TOS, thereby entering into a legally binding agreement with Public Pressure.
- If You do not agree with any of these provisions, We strongly recommend You to cease using the Site.
- CONDITIONS OF USE FOR THE VISITOR
- The Visitor acknowledges and accepts that:
- Public Pressure will provide the Site according to the needs related to any scheduled or extraordinary and unmissable maintenance work;
- the costs of connection to the Internet network, and those possibly related to the connection modalities, are at the Visitor’s expense.
- The Visitor acknowledges and accepts that:
- VISITOR REQUESTS
- The Visitor may address requests to Public Pressure through the methods or tools indicated in the section “Contact” of the Site. These tools may be used, by way of example – and not limited to – to submit ideas or share doubts to Public Pressure.
- Public Pressure has no legal obligation to respond to the Visitor’s requests.
- If the Visitor provides ideas, suggestions, or other feedback in connection with the use of the Platform, Services or any Content (“Feedback“), such Feedback is not confidential and may be used by Public Pressure without restriction and without payment to the Visitor. Feedback is considered a type of User Content under these TOS.
- RIGHTS OF PUBLIC PRESSURE
- Public Pressure has the right to:
- modify, update, suspend, limit or interrupt the operation of the Site at any time, or change and/or replace its domain name;
- analyse the traffic on the Site (g. detect the most visited pages, the number of visitors per hour or per day, the geographical origin, the average connection time, the browsers used, the origin of the visitor – from search engines or from other Sites -, phrases and words searched for, etc.) in order to understand how it is used and manage, optimise and improve it, or even just for statistical purposes;
- solve operational or technical problems (e.g. anomalies in page loading);
- perform monitoring activities to repel and/or prevent cyber-attacks and/or fraud.
- Public Pressure has the right to:
- WARRANTY EXCLUSIONS AND NO ASSISTANCE
- The Site is provided on an “AS IS” and “AS AVAILABLE” basis and Public Pressure makes no warranties, express or implied (including the implied warranties of non-infringement, merchantability and fitness for a particular purpose), and may be temporarily inaccessible or otherwise defective or delayed.
- Public Pressure will make every reasonable effort to ensure that the Visitor has continuous and uninterrupted access to the Site and the Services but will not, under any circumstances, be liable if one or more of the Services or Content made available to the Visitor (even free of charge) is temporarily or permanently inaccessible.
- In particular, Public Pressure makes no warranty as to:
- the suitability of the Site with respect to the needs of the Visitor;
- the availability of, and the absence of errors in, the Site;
- the quality of the Site;
- the correction of any technical errors of the Site.
- Any material accessed, downloaded, or otherwise obtained through the use of the Site is done at the Visitor’s own discretion and risk and the Visitor will be solely responsible for any damage to the Visitor’s computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by the Visitor from Public Pressure or through or from the Site will create any warranty not expressly stated in the
- Except as otherwise expressly provided in the Agreement, Public Pressure does not represent or warrant that
- the Site will meet the Visitor’s requirements;
- the Site will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the Site will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by the Visitor through the Site will meet the Visitor’s expectations;
- any errors in the Services will be corrected.
You agree that from time to time We may remove the services for indefinite periods of time, or cancel the Services at any time, without notice to You. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to You. because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Public Pressure’s liability will be limited to the extent permitted by law.
- Public Pressure will use reasonable efforts to protect information submitted by You in connection with the Services, but You acknowledge and agree that Your submission of such information is at Your sole risk, and Public Pressure hereby disclaims any and all liability You suffer in connection with your trade, business, craft or profession relating to such information (“Business Loss”).
- Subject to Clause 6.9 of this Section A, neither Public Pressure nor its employees, agents, or third-party content providers will be liable for any Business Loss resulting from use or unavailability of information or content on or in connection with the service, including but not limited to any lost profits, loss or damage to data, or any direct, indirect, special, consequential, compensatory or incidental damages, even if they have been advised of the possibility of such damages. This disclaimer is applicable to any damage or injury resulting from negligence or omission of net, computer virus or other similar item, telecommunications errors, or unauthorized access to, or use of user information through theft or any other means. We are not liable for criminal, tortuous, or negligent actions or omissions of third parties that affect the S In no event will Public Pressure or any of its directors, officers, agents, employees, assigns, or third-party content providers be held liable for any tortuous or illegal conduct of other Visitors. In no event will Public Pressure or any of its agents, employees, or assigns be held liable for any damage to equipment, hardware, or other property of user or personal injury that arises in connection with use of the Site.
- Public Pressure will not be liable for any errors, inaccuracies, omissions and, more generally, for damages caused, directly or indirectly, by decisions taken or initiatives undertaken by the Visitor or by Third Parties on the basis of (and/or as a result of) the Contents of the Site.
- Public Pressure does not guarantee the provision of technical assistance in relation to the Site.
- Nothing in this Agreement shall limit or exclude the liability of Public Pressure, its employees, agents or third-party content providers for death or personal injury caused by fraud or fraudulent misrepresentation or any other matter in respect of which it would be unlawful to exclude or restrict liability
SECTION B: GENERAL TERMS AND CONDITIONS OF ARTISTIC CONTENT NFTS DROPS
- INITIAL PREMISES
- Section B specifically provides terms and conditions governing the drop of Artistic Content NFTs and publication of Artistic Content by Artists or Sellers on the Platform.
- PUBLIC PRESSURE’S PROPRIETARY RIGHTS
- You agree to abide by the GTD and not to use the Public Pressure Services, the Content, or any part thereof in any manner not expressly permitted by the Agreement or its Special Sections
- INTELLECTUAL PROPERTY RIGHTS: ARTISTIC CONTENT AND ARTISTIC CONTENT NFTs
- You may post, upload, or otherwise contribute to the creation or publication of artistic content (“Artistic Content“), as well as NFTs minted through Smart Contracts which represent the Artistic Content on the Marketplace (the “Artistic Content NFTs”). For the avoidance of doubt, “Artistic Content” includes all information, materials, artistic works, trademark, name, logo and other similar Intellectual Property Rights, as well as any other content that is added, minted, communicated, created, uploaded, submitted, distributed, or posted in the Marketplace by Artists or by Sellers who own the necessary Intellectual Property Rights, even if the original file -Artistic Content- related to the NFT is not hosted on the Platform.
- INTELLECTUAL PROPERTY RIGHTS: YOUR OBLIGATIONS, AS SELLER, LICENSOR OR ARTIST.
- If You want to publish, upload or mint any content on the Public Pressure Marketplace, it is mandatory to be the owner or holder of all legal rights, titles and interests, included all trademarks and Intellectual Property Rights of the related Artistic Content minted on the Platform, for example – but not limited to – the right to publish, distribute, reproduce, prepare derivative works, and the right to display or perform the Artistic Content, and communicate to the public without geographical limits, except as provided for by applicable law, and the commercial exploitation of the Artist’s image rights, in the event that the artist’s image is part of the Artistic Content.
- In the event that Artists or Sellers were not the owners or holders of all the titles and rights mentioned in
Clause 4.1 (e.g. not being holders of the distribution right), if they want to publish or mint any Artistic
Content, which will be subsequently represented by an Artistic Content NFTs, they must comply
with these two conditions:
- be the owners or holders of, at least, the rights and titles set out in Clauses 5.1 and 7.1 of the present Section B (GTD) and 15.2 of Section C (GTP) as well as to comply with all the rules set out in the Agreement;
- clearly specify and inform the Buyer, before purchase, through their own “License” or “Assignment of Rights”, which are the rights assigned or licensed to the Buyer.
- You promise that, with respect to any Artistic Content related to the Artistic Content NFTs you publish on the
Marketplace, as well as to any Artistic Content NFT you mint or publish on the Marketplace:
- You are the holder or the owner of the necessary Intellectual Property Rights to post, mint, assign or license the Intellectual Property Rights or assign, license or sell such Artistic Content related to the Artistic Content NFTs, as well as the Artistic Content NFTs themselves, as specified above in Clause 4.2 a) of the present Section B;
- such Artistic Content, or its use by Public Pressure pursuant to the license granted below, does not: (i) violate the GTCs and any of its Sections, the applicable law, or the intellectual property or other rights of any third party; or (ii) imply any affiliation with or endorsement of You or Your Artistic Content by or any artist, band, label, or other individual or entity without the prior express written consent from Public Pressure or such individual or entity;
- You must not assign or license under any circumstances, Intellectual Property Rights or any other type of rights or titles without being legally authorised to do so.
- We reserve the right, in our sole discretion, to prohibit You from uploading, publishing or minting Your Artistic Content NFTs or content related to Your Artistic Content.
- STANDARD LICENSES THE ARTISTS, SELLERS AND LICENSORS GRANT THE BUYER
- Artist, Licensor or Seller, as the case may be, hereby acknowledges, understands, and agrees that minting,
uploading or publishing an Artistic Content NFT on the Marketplace constitutes an express and affirmative grant
to Licensee or Buyers, of at least the following rights (“Standard Licence”), related to the Artistic Content
and the Artistic Content NFT:
- You grant the Buyer, for so long as the Buyer owns the Artistic Content NFT (as recorded on the relevant blockchain or similar technology), a right to that Artistic Content NFTs to freely sell, transfer, or otherwise dispose of that Artistic Content NFTs;
- You grant the Buyer for so long as the Buyer owns the Artistic Content NFT, a non-exclusive, worldwide, royalty-free, irrevocable licence – with no right to sublicense, but with right to use, reproduce, copy,, communicate to the public and display the Artistic Content or the Artistic Content linked to the purchased Artistic Content NFT solely for the following purposes: (i) for Buyer’s own personal, non-commercial use (e.g., as the sound of a social media post, home display, display in a virtual gallery, as a social media avatar or as a way to access or gain utility in a Play to Earn environment). For the avoidance of doubt, nothing contained in the standard licence will be deemed to grant the Buyer any rights in or to any image, video or music or other Intellectual Property Rights associated with, related to, or linked to, an Artistic Content NFTs, including any right to use such Artistic Content for any non-personal or commercial purposes, or to create any modification or derivative works of Artistic Content not allowed in this clause. Notwithstanding the foregoing, to the limited extent that an Artistic Content is displayed as a result of the operation of the smart contract related to the Artistic Content NFTs in connection with Buyer’s use of an Artistic Content NFT in accordance with this Agreement, Buyer will have the right to display such Artistic Content for Buyer’s own personal, non-commercial purpose for so long as Buyer owns the Artistic Content NFTs.
- If You allow the Buyer to download the Artistic Content, provided that You are the legitimate owner of all the
Intellectual Property Rights and You have all the necessary authorisations and licences to grant the rights
inserted in this clause 5.1 (d) to the Buyers when they acquire an Artistic Content NFT, only in this case, You
grant the Buyer, for so long as the Buyer owns the Artistic Content NFT, a non-exclusive, worldwide,
royalty-free, irrevocable licence – with no right to sublicense, but with right to use, reproduce, copy,
download, communicate to the public and display the Artistic Content or the Artistic Content linked to the
purchased Artistic Content NFT solely for Fair Use purposes. For the purposes of this clause the Fair Use means:
All the uses referred to in point b above with the following additional characteristics:
- Purpose of the Use: education, scholarship, research, news reporting, personal branding or company branding, merchandising, inclusion in physical or digital media, or display in “metaverses” or other interactive digital environments:
- Fair Use Conditions: -it does not cause market harm to the Artist; positively promotes or gives more visibility to the Artist either directly or indirectly; marketing actions such as Paid Advertising and or Services Advertising aimed at getting leads or making sales will not be considered Fair Use; company branding will not be considered Fair Use when the main objective is direct monetisation through the use of the Artistic Content. In any case You will not have the right to retain the revenue that you generate directly through the exercise of your rights under this Clause.
- Derivative Works: Your Fair Use rights also include the right to create derivative works for Fair Use purposes of the Artistic Content to merge, edit or combine the Artistic Content with other artistic works that you can lawfully use. You may also modify the Artistic Content to create minor variations, but such rights do not include the right to create works substantially or confusingly similar to the Artistic Content that you do not own.It is forbidden to transform the derivative work into an NFT if it violates the content of the above clauses and, in any case, if there is a for profit or a monetization interest.
- Prohibition: It is strictly forbidden to use the Artistic Content or the Artistic Content NFT as a means of communicating any illegal activity, political campaigns, along with communications that may convey hatred, insults, slander or discredit the image of a company or individual. In any case, the use of Artistic Content may not be used in any way that harms the moral rights of the legitimate author.
- Enforcement: You will have the non-exclusive right, but not the obligation, to bring an action to enforce any infringement of any rights you hold in the Artistic content linked to your Artistic Content NFT. We will have no obligation to support any such action. We may also choose to bring such an action in our sole discretion.
- Name and Trademarks: No trademark rights or Name, Image, and/or Likeness rights are granted to you by the Artist or the Seller, unless your licence agreement states otherwise.
- Transfer: The licences in this clause are non-transferrable, except that they will automatically transfer in connection with a Permitted Transfer of your Artistic Content NFT.
- Reservation of Rights: All rights in and to the Artistic Content not expressly provided for in this Agreement are hereby reserved by the Artist or the Seller. The Artistic Content is licensed, not sold. The Artist or the Seller own and will retain all title, interest, ownership rights and intellectual property rights in and to the Artistic Content.
- Limitations: The standard licence regulated in this clause does not include: (i) the right to use the Artistic Content to create non-fungible tokens or other digital items accounted for on a distributed ledger; (ii) the right to create derivative works of the Art, except as expressly provided herein; or (iii) the right to use the Artistic Content NFT or the Artistic Content to create, or as the basis of, any token or digital items accounted for or recorded on a distributed ledger, including, but not limited to, any token or digital items accounted for or recorded on a distributed ledger that represent (A) an ownership interest in the Artistic Content, or (B) any right that is convertible for, exchangeable into, or exercisable for, any right, title or interest in or to the NFT Artistic Content or the Artistic Content.
- No Rights to Trademarks: For avoidance of doubt, the licences in this clause do not include the right to use any Artist or Seller’ trademarks. No trademark or other rights based on designation of source or origin are licensed to you. Notwithstanding the foregoing, to the extent you acquire any rights to any Artist or Seller’s’ trademarks, in consideration for the licences granted pursuant to this clause, you hereby assign to the Artists or Seller all rights, title, and interest in and to such trademarks, together with all associated goodwill.
- Disputes Among Owners: Public Pressure, nor the Artist or the Seller have no obligation to support the resolution of or to resolve any dispute that may arise between or among Artistic Content NFT owners.
- Clarifications: Public Pressure reserves the right, but has no obligation, to clarify the terms of this Agreement in relation to novel or unforeseen circumstances in its sole and exclusive discretion. If Public Pressure issues or provides any clarification about the terms of this Agreement, such clarification will be binding on the Buyer, and Buyer hereby waives any right that Buyer may have to dispute it in any manner. You agree that at any time the Artist or the rightful owner of the intellectual property rights may limit or interpret any of the rights that the Standard Licence grants you under the Fair Use, in which case you must cease or limit the use of the Artistic Content or the NFT Artistic Content by virtue of the indications given by the Artist or the rightful owner of the Intellectual Property, Name, Image, and/or Likeness rights and TradeMark rights.
- In addition, the Artist, Seller or Licensor, as the case may be, hereby grant/s to Buyers the Property and/or the Intellectual Property Rights or Image Rights not included in the previous Clause 5.1 and/or 5.2 (as applicable) necessary to ensure the resale of the Artistic Content NFT within the Platform.
- The Seller or the Artist may extend the rights set out in the preceding Clause but in no case reduce or prevent it.
- Artist, Licensor or Seller, as the case may be, hereby acknowledges, understands, and agrees that minting, uploading or publishing an Artistic Content NFT on the Marketplace constitutes an express and affirmative grant to Licensee or Buyers, of at least the following rights (“Standard Licence”), related to the Artistic Content and the Artistic Content NFT:
- LICENSES YOU GRANT THE BUYER IF YOU CREATE YOUR OWN LICENSE OR YOUR OWN ASSIGNMENT OF RIGHTS
- In the event that Artists, Licensors and Sellers publish on the Marketplace and/or within the Smart Contract their own License or Assignment of Rights regarding its Artistic Content and its Artistic Content NFTs, they may freely extend the License or Assignment of Rights set out in the Clauses 5.1 and/or 5.2 (as applicable) of Section B, ensuring themselves before making any sale within the Marketplace that an assignment or License of rights does not infringe any other rights of any third party and that they are authorised to assign or grant a Buyer’s License regarding the rights to the full extent and within the limits stipulated in the License or Assignments of Rights.
- If the Licensor, Artist or the Seller does not create its own License or Assignment of Rights for any reason in order to extend the rights acquired by the Buyer when purchasing an Artistic Content NFT, the rights defined in Clauses 5.1, 5.2 and 7.1 of section B (GTD), and 15.2 of Section C (GTP)are hereby licensed or assigned, as applicable.
- You are solely responsible for all Artistic Content that You post and Artistic Content NFT you mint. Public Pressure makes no representations or warranties as to the quality, origin, or ownership of any content found in the Marketplace. Public Pressure will not be liable for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the Artistic Content. Public Pressure will not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of Artistic Content.
- For that reason, As an Artist, Licensor or a Seller, You understand and agree that:
- You are responsible for the accuracy of Your Artistic Content and the Artistic Content NFTs;
- any Artistic Content NFTs or content related to NFTs that violates any of Public Pressure’s policies or Intellectual Property Rights may be obfuscated or deleted by Public Pressure, in its sole discretion;
- You will not use the Artistic Content incorporated or linked into Your NFTs for the creation of additional non-fungible tokens;
- You will respect the intellectual property of others; and You will not coordinate pricing with other Artistic Content or NFT Creators.
- LICENSES THAT YOU GRANT US
- You retain ownership of Your Artistic Content when You publish or mint an Artistic Content NFT through the
Public Pressure Services or Marketplace. However, in order for Public Pressure as a Marketplace to make Your
Artistic Content available on the Public Pressure Services, We do need a limited license from You to that
Artistic Content. Accordingly, You hereby grant to Public Pressure a non exclusive, transferable,
sub-licensable, royalty free, fully paid, irrevocable, worldwide license to reproduce, make available and
display, such Artistic Content through the Platform, as well as all the rights set out below:
- to use Your Artistic Content for purposes of creating and minting NFTs in case the Licensor activates the Curated Drop option (see clause 10 of Section B), displaying and offering through our Marketplace. to promote and offer Your Artistic Content NFTs and associated Artistic Content for sale or any other economical transaction through our Marketplace;
- the right of reproduction, publication, representation, performance, publicity and dissemination; the right of transposition, transcription and translation and the right to create, communicate and distribute digital works based on the Artistic Content, including without limitation, compilations, collective works, and anthologies. It is understood that the Artist will always be recognised as the author of the creation;
- indexing the Artistic Content in electronic databases, indexes, catalogues, Smart Contracts, or ledgers; and hosting, storing, distributing, and reproducing one or more copies of the Artistic Content within a distributed file keeping system, node cluster, or other database or causing, directing, or soliciting others to do so;
- use Your name, biographical information, quotes, avatar, likeness, voice brand and image for marketing, merchandising or promotional purposes; in these cases, whether such Artistic Content or Works are created by the Artists alone or jointly with others, on any media now known or hereafter created and/or in collaboration with other brands, in connection with the promotion and sale of Your NFTs Artistic Content on the Platform and the right to use, copy, modify, distribute, publish, and otherwise transmit images from NFTs Artistic Content or the associated Artistic Content for marketing or promotional purposes within the Platform and/or through a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, virtual museums, virtual environments, editorials, or to the public.
- You hereby grant to Public Pressure and its affiliates a worldwide, exclusive, fully paid up, royalty free, perpetual, irrevocable, sublicensable and transferable license for the PP’s right to transform your Artistic Content into an NFTs Artistic Content and for the exclusive commercialization of the NFTs Artistic Content or the associated Artistic Content within the Platform once You have voluntarily uploaded Your Artistic Content or minted Your Artistic Content NFT through the Platform.
- In addition, You grant to Public Pressure any Intellectual Property Rights not included in the previous points necessary to ensure the commercialization and subsequent resale of the Artistic Content NFTs or Artistic Content related within the Platform.
- The Artist, Seller, Licensor and all Users irrevocably release, acquit, and forever discharge Public Pressure and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for Public Pressure use of an Artistic Content or Artistic Content NFTs in accordance with the Agreement, including without limitation, Public Pressure solicitation, encouragement, or request for Users or third parties to host the Artistic Content for the purpose of operating a distributed database and Public Pressure’s deployment or distribution of a reward, a token, or any other digital asset to Users or third parties for hosting Artistic Content on a distributed database.
- You retain ownership of Your Artistic Content when You publish or mint an Artistic Content NFT through the Public Pressure Services or Marketplace. However, in order for Public Pressure as a Marketplace to make Your Artistic Content available on the Public Pressure Services, We do need a limited license from You to that Artistic Content. Accordingly, You hereby grant to Public Pressure a non exclusive, transferable, sub-licensable, royalty free, fully paid, irrevocable, worldwide license to reproduce, make available and display, such Artistic Content through the Platform, as well as all the rights set out below:
- MONITORING ARTISTIC CONTENT
- Public Pressure will have the right, but not the obligation, to monitor the content of the Drops, to determine compliance with this GTD and any operating rules established by Public Pressure and to satisfy any law, regulation or authorized government request.
- Public Pressure will have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Drops.
- Without limiting the foregoing, Public Pressure will have the right to disable access to any Content for any reason or remove, edit or refuse any material submitted to or posted that Public Pressure, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
- Artistic Contents NFTs are minted by an Artist or a Seller.
- Each Artistic Content NFTs is minted by using the Smart Contracts based on an Artist’s original Artistic Content.
- Artistic Content NFTs are forever tracked and stored on the Blockchain, providing the Buyer of an Artistic Content NFT with a permanent record of authenticity and NFT ownership.
- By minting an Artistic Content NFT, Artists and Sellers expressly represent and warrant that their Artistic Content is an original creation. Artists are prohibited from minting Artistic Content NFTs consisting of unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Artist or Seller, not authorized for use by the Artist or Seller, not in the public domain, or otherwise without a valid claim of fair use. In addition, Artist and Sellers must refrain from minting Artistic Content NFTs to which Intellectual Property Rights ownership is unknown or disputed.
- CURATED DROP
- The Licensor may request Public Pressure to directly endorse, promote and sell the NFTs Artistic Content and license, grant or authorize to use some Intellectual Property Rights related the the Artistic Content to Buyers on the Platform.
- Public Pressure, at its sole discretion, and depending on certain circumstances, such as – included but not limited to – the quality of the content, the authorship or brand reputation, may accept or reject such request and related transmission of the NFT Artistic Content to Public Pressure for sale on the Platform.
- If the Curated Drop is not expressly activated, following the appropriate process, and with the express authorization of Public Pressure, the Curated Drop will not be valid.
- Public Pressure will expressly communicate to the Licensor its acceptance of such Curated Drop, within the Platform or through email or other contact sources provided by the Licensor during the registration process. The process will be concluded by adding a badge to the Drop representing that the Drop has been officially curated by Public Pressure.
- All obligations set forth in the Agreement for the Seller will be equally applicable to the Licensor in any case and even if the Curated Drop is not activated.
- From the moment that Public Pressure accepts such Curated Drop, automatically, the transfer or assignment of
the needed rights and/or licenses related to the Artistic Content in favor of Public Pressure from the Licensor
will occur to allow Public Pressure to:
- use and transform Your Artistic Content for the purposes of creating and minting the related NFTs;
- display, publicly communicate, offer, distribute, commercialize and sell Your Artistic Content NFT and related Artistic Content within the Platform without interfering with the moral rights of the Artist.
- The Licensor will in any case be responsible for the Artistic Content NFTs minted by Public Pressure pursuant to the Curated Drop option activated by the Licensor.
- In any case, once the Curanted Drop option is activated, Clauses 5, 6 and 7 of Section B (GTD) will automatically apply to the Licensor, among others, in order to transfer all the rights and/or licenses stipulated in the above Clauses in favor of Public Pressure, in its role as licensee and then once the Curated Drop is completed, as a Seller within the Marketplace.
- As consideration for the license under the present Clause 10 from the Licensor to Public Pressure in relation to each Curated Drop, Public Pressure will pay to the Licensor royalties equal to 80% of the price (exclusive of applicable VAT or similar sales taxes) paid by Buyers to Public Pressure for the purchase of the Artistic Content NFTs sold by Public Pressure as Curated Drop. The Licensor will be required to issue a proper invoice to Public Pressure in order to be eligible to receive such royalties which will be paid in 15 days from receipt of the invoice to be issued on the basis of a report provided by Public Pressure.
- The Licensor expressly warrants that each of the IP Rights or other rights over the Artistic Content NFT are:
- Valid and enforceable and nothing has been done or omitted which affects or may in the future affect the validity and enforceability of the IP Rights or other rights;
- Legally and exclusively owned by the Licensor, free from any license granted to any third party, encumbrance, restriction on use or disclosure obligation; and
- Not the subject of any claim or opposition by any person (including, without limitation, an employee or subcontractor of the Licensor) as to title, validity, enforceability, entitlement or otherwise.
- The Licensor also warrants that the Artistic Content and the IP Rights over the associated Artistic Content NFTs do not infringe, misuse, misappropriate or embody the subject-matter of any rights of another person.
- In the event of a challenge by a third party regarding the rights or licenses acquired by Public Pressure in
the terms hereof on the grounds that the Artistic Content and/or the Artistic Content NFT infringe the rights of
the said third party, the Licensor undertakes to:
- supply Public Pressure, as soon as possible and with no unreasonable delay, with all information and documentation necessary to protect Public Pressure’ rights and interests, in particular to establish the absence of infringement or the lack of grounds for the third party’s claim; and
- cooperate in good faith in any legal proceedings.
- The Licensor will fully indemnify and hold harmless Public Pressure from and against any and all third party claims, and reasonable resulting attorneys’ fees and court costs, to the extent that such claim, action or demand arises from any of the following: that any Deliverable or Licensor-Owned Intellectual Property (or the access or other rights thereto) provided by the Licensor to Public Pressure pursuant to this Agreement (i) infringes a copyright held by that third party; (ii) infringes that third party’s image or (iii) constitutes misappropriation or unlawful disclosure or use of that third-party’s trade secrets or any other IP Rights (collectively, “Infringement Claims”).
- By accepting this modality, the price and the content approved by the Seller on the Platform within the Curated Drop will not be changed by Public Pressure. In addition, Public Pressure does not assume any responsibility or liability, nor does it offer any guarantee to the Licensor of the sale of the Artistic Content NFTs within the platform and, therefore, the Seller agrees to indemnify and hold harmless Public Pressure against all claims arising in this respect and regarding any operation or effects related with the minting of Artistic Content.
- If, at the completion of the duration of the Drop as determined by the Licensor, all of the Artistic Content NFTs have not been sold within the Platform, the unsold Artistic Content NFTs will be transferred to the Licensor’s Wallet and the exclusive license under previous Clause 7.2 of GTD -under Section B- will cease to be effective among Licensor and Public Pressure.
- AIRDROP STANDARD TERMS AND CONDITIONS
- All Artists and Licensors who own the Intellectual Property Rights of the Artistic Content linked to the Artistic Content NFTs that are subject of the Airdrop must comply with the Agreement, particularly with clauses 3, 4, 7, 10 GTD (Section B) Furthermore, they declare that all rights and licenses granted to Public Pressure to transform the Artistic Content, subject of the airdrop, into NFTs, as well as reproduce it on the Platform, communicate it publicly and transmit it to Users within the Platform, with the rights and licenses set forth in this clause, are free of charge.
- Certain Users of Public Pressure (“Eligible Users”) may be eligible to receive free, automatic distributions of Artistic Content NFTs from time to time, at the sole discretion of Public Pressure in accordance with this clause and the General Terms and Conditions. Each such distribution is referred to as an “Airdrop”.
- Public Pressure reserves the right to cancel or amend these Airdrop Rules and the specifications, terms and conditions of any Airdrop at its sole discretion.
- By accepting Artistic Content NFTs in an Airdrop, You represent that you have read, understood and agreed to be bound by these Airdrop Rules and you acknowledge and agree to be legally bound by these Airdrop Rules without limitation or qualification. You further agree that all decisions of Public Pressure shall be final and conclusive.
- In order to be eligible for the Airdrop, Users must:
- Be at least 18 years of age and in any case having reached the age of majority in Your place of residence.
- Register on the website: https://www.publicpressure.io/
- Not be a resident or “person” of the countries included in clause 4.4 GTP (Section C). A country may be added or removed from the list of supported countries at any time for any duration. This is set at our discretion.
- Each unique natural person can participate in the airdrop just once. We reserve the right to blacklist users if we believe they are not actually eligible or participated in botting/spamming or similar activities.
- Public Pressure at its sole discretion will determine the eligibility criteria for each Airdrop, including the amount of Artistic Content NFTs to be distributed to Eligible Users that satisfy specified criteria. Different Eligible Users may receive different amounts of Artistic Content NFTs in any particular Airdrop depending on the criteria determined by Public Pressure for such Airdrop. Public Pressure will have no obligation to notify users of Public Pressure of the eligibility criteria for any Airdrop prior to the execution of such Airdrop
- Public Pressure reserves the sole and absolute right to disqualify any user that Public Pressure deems ineligible for an Airdrop (be it under these Airdrop Rules or by having engaged in a conduct that Public Pressure considers inappropriate or unacceptable).
- The Airdrop is free of charge. However, the provision of this service entails costs on the side of Public Pressure. Therefore, instead of requiring payment from the user for the use of the service, we ask the user to contribute to the growth of our user base by subscribing to our Newsletter. Therefore, the User is aware and accepts that if he or she does not subscribe to the Newsletter, he or she will not be able to obtain the Airdrop (notwithstanding the possibility of unsubscribing later).
- All Intellectual Property Rights with respect to the Airdrops shall be governed by the terms of the Agreement, in the same manner as any other Artistic Content or Artistic Content NFTs
SECTION C: GENERAL TERMS AND CONDITIONS OF ARTISTIC CONTENT NFTS PURCHASE
- INITIAL PREMISES
- The following provisions govern the purchase of Artistic Content NFTs by Buyers on the Marketplace.
- The Platform facilitates transactions between the Buyer and the Seller but We are not a party to any agreement between the Buyer and the Seller of Artistic Content NFTs or between any Users whether or not a commission or fee is received by Public Pressure as a consequence of the transaction. The Marketplace allows Artists or Sellers to create and sell to the Buyers NFTs linked to unique music performances or other kinds of content created by Artist or Sellers.
- Artistic Content NFTs listed for sale on the Marketplace are not offered on consignment or held in trust on behalf of any Artist, Seller or User.
- The only exception in which Public Pressure will act as Seller, with special conditions, will be the one regulated in clause 10 of section B (Curated Drop), which will be applicable in this particular case in the contractual relationship with the Licensor, Artist or Buyer, as well as the provisions contained in this section C, provided that they do not contradict those stipulated in the special Curated Drop clause within Section B of this Agreement.
- Public Pressure reserves the right to execute Smart Contract transactions on the Marketplace as a Buyer of Artistic Content NFTs.
- You bear full responsibility for verifying the identity, legitimacy, and authenticity of Artistic Content NFTs You purchase on Public Pressure. Notwithstanding indicators and messages that suggest verification, Public Pressure makes no claims about the identity, legitimacy, or authenticity of Artistic Content NFTs on the Platform.
- The language used for entering into this purchase agreement through the Platform is English.
- By clicking on the “Sign Up” button, completing the account registration process, using our Services and/or purchasing Artistic Content NFTs, You agree to be bound by the Agreement. If You do not agree to the Agreement, You may not access or use the Services or purchase Artistic Content
- WHO SELLS THE ARTISTIC CONTENT NFTS
- Artistic Content NFTs are sold by the Seller and by Secondary Market Sellers on the Public Pressure Secondary Market.
- WHERE ARTISTIC CONTENT NFTS ARE SOLD
- Artistic Content NFTs are sold through the Marketplace.
- WHO CAN BUY ARTISTIC CONTENT NFTS
- The Artistic Content NFTs are reserved exclusively for Buyers.
- By buying Artistic Content NFTs, Buyer represents and warrants that (i) Buyer is the age of majority in Buyer’s place of residence (which is typically 18 years of age in most countries) and has the legal capacity to enter into the Agreement and to act to stipulate sales contracts as established by its own legal system (ii) will use and interact with the Artistic Content NFT only for lawful purposes and in accordance with the Agreement; and (iii) will not use the Artistic Content NFT to violate any law, regulation or ordinance or any right of Public Pressure, its licensors or any third party, including without limitation, any right of privacy, publicity, copyright, trademark, or patent. Buyer further agrees that he/she will comply with all applicable law.
- Buyer represents and warrants that Buyer will not transfer an Artistic Content NFT in any Transaction, in which an Artistic Content NFT is sold by one owner to another owner, or is otherwise transferred, distributed, or disseminated (regardless of whether consideration is paid) in any manner to a transferee who is designated or specified under regulations made under the Sanctions and Anti-Money Laundering Act 2018 (Chapter 13) of the laws of England and Wales.
- Buyer declares not be a resident or “person” of the following countries: Afghanistan, American Samoa, The Bahamas, Botswana, Democratic People’s Republic of China, Ethiopia, Ghana, Guam, Japan, Iran, Iraq, Libya, Nigeria, Pakistan, Panama, Puerto Rico, Samoa, Saudi Arabia, Sri Lanka, Syria, Trinidad and Tobago, Tunisia, US Virgin Islands, Yemen. A country may be added or removed from the list of supported countries at any time for any duration. This is set at our discretion.
- HOW YOU CAN BUY ARTISTIC CONTENT NFTS
- The Platform shows the essential characteristics and price of each Artistic Content NFT offered by the Seller. The information on the Platform does not constitute an offer by Public Pressure.
- The Buyer is required to carefully read all the instructions provided during the purchase procedure and accept the Agreement, except the GTD under Section B which do not apply to the Buyer. The transmission of the order proposal constitutes a proposal to purchase the selected Artistic Content NFT, governed by the GTP and entails the obligation of the Buyer to pay the price of the ordered Artistic Content
- The Buyer undertakes to verify the correctness of all data entered before and after sending the purchase order, undertaking to promptly rectify any incorrect information. In addition, Public Pressure reserves the right to request Buyers, at any time, to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti money laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. Public Pressure may also require You to provide additional information and documents in cases where it has reasons to believe that Your Account is being used for money laundering or for any other illegal activity.
- Pursuant to the provisions of Clauses 8.6, 16.8 and 20.1 of this Section C, once the order confirmation has been received, the order cannot be cancelled or modified.
- Public Pressure may make available through its Marketplace one or more Artistic Content NFT with different sales procedures than those indicated above and on the basis of the indications that Public Pressure will provide to the Buyers on the Platform.
- Upon Buyer’s request Public Pressure may hold a very limited number of Artistic Content NFTs for a limited time until you have your wallet. Public Pressure does not provide wallet custodial services. You are required to have your own wallet.
- Artistic Content NFTs are sold for a fixed price, inclusive of applicable VAT, on a first-come, first-served basis.
- The price may add other fees such as – including but not limited to – commissions, gas fees for processing Artistic Content NFTs transactions and delivery costs.
- The Prices (inclusive of applicable VAT) of Artistic Content NFTs are established by the relevant Artist or Seller.
- Users acknowledge and consent to the risk that the Price of Artistic Content NFT purchased on the Marketplace may have been influenced by User activity outside of the control of Public Pressure. Public Pressure does not represent, guarantee, or warrant the accuracy or fairness of the price of any Artistic Content NFT sold or offered for sale on or off of the Marketplace. The User agrees and acknowledges that Public Pressure is not a fiduciary nor owes any duties to any User of the Platform, including the duty to ensure fair pricing of Artistic Content NFTs or to police User behavior on the Marketplace.
- Every purchase of Artistic Content NFTs on the Marketplace is subject to fees collected to support Artists, Sellers and Public Pressure and their relationship with Users.
- On every sale of Artistic Content NFTs between a Seller and a Buyer occurring on the Marketplace, Public Pressure charges to, and collects from, the Seller a fee equal to 20% of the Price of Artistic Content NFTs which is deducted from the Price of Artistic Content NFTs as platform fees.
- On any subsequent sale of the Artistic Content NFTs on the Public Pressure Secondary Market:
- Public Pressure charges to, and collects from, the Secondary Market Seller a fee equal to 2.5% of the Price of the resale of the Artistic Content NFTs which is deducted from the Price of resale of the Artistic Content NFTs;
- a royalty on the Price of resale of Artistic Content NFTs in the percentage determined by the Seller up to the cap set by Public Pressure (the “Artist Resale Right”) is deducted from the Price of resale of the Artistic Content NFTs and is distributed to the Seller and/or the Artists.
- The Buyer acknowledges that on any purchase of Artistic Content NFTs, the Buyer will bear the Gas Fee relating to the respective transaction.
- All fees and royalties mentioned in the present Clause are collected and distributed at the time of the purchase of the Artistic Content NFTs by operation of Smart Contracts.
- Public Pressure does not generally collect any fees, commissions, or royalties for transactions occurring outside of the Marketplace and not involving the Smart Contracts. To support the Artists and the Platform, we encourage Users to list Artistic Content NFTs for sale on the Public Pressure Marketplace. However, Users are permitted to sell or transfer their Artistic Content NFTs on third party exchanges. The Artist and all other Users hereby waive any entitlement to royalties, commissions, or fees (including the Artist Resale Right) for Off-Market Transactions. The User irrevocably releases, acquits, and forever discharges Public Pressure and its subsidiaries, affiliates, officers, and successors of any liability for royalties, fines, or fees not received by the User from any Off-Market Transaction.
- The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of Public Pressure. The User acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Platform be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to a User. Users also acknowledge and agree that gas is non-refundable under all circumstances.
- USE OF SMART CONTRACTS
- To initiate a transaction on the Marketplace, a User must voluntarily invoke one or more Smart Contract operations from a Wallet. All transactions on the Marketplace, including but not limited to transfers, offers, bids, listings, sales, or purchases of Artistic Content NFTs are initiated through one or more Smart Contracts at the sole discretion and at the complete risk of the Users.
- The Smart Contracts are configured to facilitate the execution of a voluntary User offer, an acceptance of an offer, or other confirmation to purchase, sell, bid on, list, or transfer an Artistic Content NFT. The User acknowledges the risk of Smart Contracts and agrees to be bound by the outcome of any Smart Contract operation by invoking, calling, requesting, or otherwise engaging with the Smart Contract, whether or not the Smart Contract behaves as the User expects.
- The User agrees and understands that all fees and royalties mentioned in Clause 7 of the present Section C are transferred, processed, or initiated directly through one or more of the Smart Contracts on the blockchain network.
- By transacting on the Platform and by using the Smart Contracts, the User hereby acknowledges, consents to, and accepts all automated fees and royalties for the sale of Artistic Content NFTs on the Platform. The User hereby consents to and agrees to be bound by the Smart Contracts’ execution and distribution of the fees, commissions, and royalties. Users hereby waive any entitlement to royalties, commissions, or fees paid to another by operation of the Smart Contracts.
- The User consents to the automated collection and disbursement to Artists or Sellers of royalties for sales of Artistic Content NFTs on the secondary market .
- All Marketplace transactions are executed by one or more Smart Contracts processed on the blockchain and not under any direct control by Public Pressure or any other third party.
- The Smart Contracts and the Site facilitate User collection of Artistic Content NFTs, but Public Pressure, the Platform, and the Smart Contracts are not the custodians of any User-owned Artistic Content NFTs. The User understands and acknowledges that the Smart Contracts do not give Public Pressure custody, possession, or control of any Artistic Content NFTs or cryptocurrency at any time for the purpose of facilitating transactions on the Marketplace.
- You affirm that you are aware and acknowledge that Public Pressure is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by Public Pressure or any third party.
- Users are forbidden from engaging in any attack, hack, denial-of-service attack, interference, or exploit of any Smart Contract related to the Platform. Operations performed by a User that is technically permitted by a Smart Contract related to the Platform may nevertheless be a violation of the Agreement and the law.
- The User acknowledges that Public Pressure may modify, change, amend, or replace one or more of the Smart Contracts from time to time. The User agrees that a modification to one or more of the Smart Contracts does not alter any right or obligation conferred by this Agreement.
- METHODS OF PAYMENT AND INVOICING
- The Buyer may pay the Price of Artistic Content NFTs contained in the order proposal by credit card and/or cryptocurrencies accepted by Public Pressure.
- Public Pressure enables payments made by the credit cards indicated on the Platform and will not accept any payment methods other than those expressly provided for in this Clause.
- The Buyer represents and warrants that he has lawfully obtained the funds used to pay the Price of Artistic Content NFTs included in the order proposal (and the relevant delivery charges, if any) and that he is not involved in any transaction intended to conceal the identity, origin or destination of the funds with which the Buyer pays the Price of Artistic Content NFTs ordered (and the relevant delivery charges, if any).
- If, for any reason, it is not possible to charge the credit card with the amounts due by the Buyer, or process the ETH transfer to complete the transaction, it will not be possible to execute the purchase and the order will be considered cancelled without any liability attributable to Public Pressure.
- For each order Public Pressure will issue, if needed under the applicable law, a special receipt/invoice which will be sent to the Customer by e-mail or by post in compliance with current regulations. The invoice will be issued based on the information provided by the Customer at the time of the order. Changes to the invoice are not permitted after it has been issued.
- Users are responsible to pay any and all sales, use, any other applicable taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Platform (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any Artistic Content NFTs and licenses of Intellectual Property Rights).
- Each Seller is required to verify its own invoicing obligations towards the Buyers according to the relevant applicable laws.
- TECHNICAL ASPECTS
- In order to proceed with the allocation of the purchased Artistic Content NFT, Buyers will comply with the written instructions that Public Pressure will provide to them either by email or through the Dedicated Web Page.
- Artistic Content NFTs are digital products that cannot be physically delivered. The allocation of Artistic Content NFTs to the Buyer may be made in the manner indicated by Public Pressure through the Platform and in the GTP. In particular, the Buyer must have the availability of a Wallet address where the Artistic Content NFTs can be credited. In the absence of such a Wallet, Public Pressure will not be able to proceed with the attribution of the Artistic Content
- Public Pressure will have no liability in relation to such Wallet and will not have access to any private key thereof. You understand that your wallet public address will be made publicly visible whenever you engage in a transaction on the Platform.
- Public Pressure, in the process of creation and attribution of the Artistic Content NFT, may make use of third party suppliers. Possible delays related to the congestion of the Internet network or blockchain of reference or related to other problems not depending on the exclusive fact and fault of Public Pressure cannot be charged to the latter.
- Artistic Content NFTs cannot be returned by the Buyer once they have been credited to the Wallet.
- Public Pressure does not provide any services, including technical or IT support and assistance. Any possible assistance and support of a technical nature, aimed at a better management of the sale and acquisition process of the Artistic Content NFT, may be provided on a case by case basis by Public Pressure on the basis of its availability, without this implying any form of compulsory technical assistance for the Buyer.
- DELIVERY OF THE SERVICES
- The Consumer Rights Act 2015 and other relevant legislation will apply to any contract where the Seller supplies or undertakes to supply Artistic Content and/or Artistic Content NFTs or any other digital content to the Buyer, within or through the Platform, provided that the latter is a Consumer and pays or undertakes to pay a price.
- In any case, the Artistic Content NFTs will need to be supplied by the Seller to the Buyer, without undue delay once the contract is in force. This obligation will be complied with when the Consumer has the possibility to download / access the content, physically or virtually.
- If the Seller does not comply without undue delay, the Consumer will need to make a request to the Buyer for the Artistic Content NFTs service to be provided immediately or within an additional deadline agreed by both parties. Should this not happen, the Consumer has the right to terminate the contract.
- LACK OF CONFORMITY
- In the case the Artistic Content NFT not being as described, fit for purpose or of satisfactory quality, the Consumer (Buyer) will be entitled to have the Artistic Content NFTs service brought into conformity, to receive a proportionate reduction in the price, or to terminate the contract. The Consumer will be entitled to have the Artistic Content NFTs service brought into conformity, unless this would be impossible or would impose costs on the Seller that would be disproportionate, taking into account all the circumstances of the case including: (a) the value of the Artistic Content NFTs service would have if there were no lack of conformity; and (b) the significance of the lack of conformity.
- The Seller will bring the digital content or digital service into conformity within a reasonable time from the time the Seller has been informed by the Consumer (Buyer) about the lack of conformity, free of charge and without any significant inconvenience to the Consumer (Buyer), taking account of the nature of the digital content or digital service and the purpose for which the Consumer required the Artistic Content and/or Artistic Content NFTs service
- The Consumer (Seller) will be entitled to either a proportionate reduction of the price where the digital
content or digital service is supplied in exchange for a payment of a price, or the termination of the contract,
in any of the following cases:
- the remedy to bring the Artistic Content and/or Artistic Content NFTs service into conformity is impossible or disproportionate;
- the Seller has not brought the digital content or digital service into conformity in accordance with the Directive 2019/770;
- a lack of conformity appears despite the Seller’s attempt to bring the Artistic Content NFTs service into conformity;
- the lack of conformity is of such a serious nature as to justify an immediate price reduction or termination of the contract; or
- the Seller has declared, or it is clear from the circumstances, that the Seller will not bring the Artistic Content NFTs service into conformity within a reasonable time, or without significant inconvenience for the Consumer (Buyer).
- The reduction in price will be proportional to the decrease in the value of the Artistic Content NFTs service which was supplied to the Consumer (Buyer) compared to the value that the digital content or digital service would have if it were in conformity. Where the contract between the Seller and the Buyer stipulates that the Artistic Content and/or Artistic Content NFTs service will be supplied over a period of time in exchange for the payment of a price, the reduction in price will apply to the period of time during which the the Artistic Content and/or Artistic Content NFTs service was not in conformity.
- Where the Artistic Content and/or Artistic Content NFTs service is supplied in exchange for the payment of a price, the Consumer (Buyer) will be entitled to terminate the contract only if the lack of conformity is not minor. The burden of proof with regard to whether the lack of conformity is minor will be on the Buyer, according to Directive 2019/770.
- PERIOD OF PROTECTION FOR CONSUMERS (BUYERS)
- The period of protection for Consumers (Buyers) will not be less than two years from the time of supply of the Artistic Content NFTs, taking into consideration applicable laws, unless a longer period of time is stipulated in the contract by the Seller and the Buyer.
- The period of protection will be suspended in the case of lack of conformity, and will resume at the moment of proper conformity.
- OBLIGATIONS OF THE SELLER IN THE EVENT OF TERMINATION
- In the event of termination of the contract, the Seller will reimburse the Consumer for all sums paid under the contract. However, in cases where the contract provides for the supply of the Artistic Content and/or Artistic Content NFTs service in exchange for a payment of a price and over a period of time, and the Artistic Content and/or Artistic Content NFTs had been in conformity for a period of time prior to the termination of the contract, the Seller will reimburse the Consumer (Buyer) only for the proportionate part of the price paid corresponding to the period of time during which the digital content or digital service was not in conformity, and any part of the price paid by the Consumer in advance for any period of the contract that would have remained had the contract not been terminated.
- In the cases where Public Pressure does not act as a Seller of the Artistic Content NFT, the above provisions shall not apply to the extent that they are not applicable by virtue of its role as a marketplace, provided that the applicable national consumer protection legislation does not state otherwise.
- RISKS, DISCLAIMERS AND LIMITATION OF LIABILITY
- No Consequential, Incidental or Punitive Damages: to the fullest extent permitted by law, in no event will Public Pressure be liable to You or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from the Agreement, the Services,, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if Public Pressure has been advised of the possibility of such damages. access to, and use of, the services, products or third party Sites and products are at Your own discretion and risk, and You will be solely responsible for any damage to Your computer system or mobile device or loss of data resulting therefrom.
- Limitation of Liability: Public Pressure’s maximum aggregate liability for damages to each User arising
out of or in any way related to the Agreement, the access to and use of the service, Artistic Content, NFTs, or
any products or services purchased on the service will in all cases be limited to, and under no circumstances
will exceed, Public Pressure’s service fees actually received by Public Pressure from such User.
The foregoing limitations of liability will not apply to liability of Public Pressure for (a) death or personal injury caused by negligence; or for (b) fraud or fraudulent misrepresentation; or for (c) any matter in respect of which it will be unlawful for Public Pressure to exclude or restrict liability.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
Some jurisdictions also limit disclaimers or limitations of liability for personal injury from Consumer products, so this limitation may not apply to personal injury claims.
Public Pressure will not be liable to You for contract, tort, or any other types of damages, including indirect, special, incidental, consequential, punitive or exemplary damages arising out of or related to participation in or the outcome of a Marketplace transaction, whether or not Public Pressure has been advised or knew of the possibility of such damages.
- Disclaimer of Representations: the Services are being provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Public Pressure is not making, and hereby disclaims, any and all information, statements, omissions, representations and warranties, express or implied, written or oral, equitable, legal or statutory, in connection with the Drops and the other matters contemplated by the GTP, including any representations or warranties of title, non-infringement, merchantability, usage, security, uptime, reliability, suitability or fitness for any particular purpose, workmanship or technical quality of any code or software used in or relating to the Drops. User acknowledges and agrees that use of the Drops is at the User’s own risk. Company has no responsibility for the Artistic Content NFTs created or bought by Users on the Platform.
- No Responsibility for Artistic Content NFTs and No Guarantee of Uniqueness or IP: Public Pressure does not investigate and cannot guarantee or warrant the authenticity, originality, uniqueness, marketability, legality or value of any Artistic Content NFT created or bought by Users on the Platform.
- No Professional Advice or Liability: all information provided by or on behalf of Public Pressure is for informational purposes only and should not be construed as professional, accounting or legal advice. Users should not take or refrain from taking any action in reliance on any information contained in the GTP or provided by or on behalf of Public Pressure. Before Users make any decisions involving the Drops, Users should seek independent professional advice from persons licensed and qualified in the area for which such advice would be appropriate.
- Third-Party Drops and Content: references, links or referrals to or connections with or reliance on third-party resources, products, services or content, including smart contracts developed or operated by third parties, may be provided to Users in connection with the Drops. Public Pressure does not endorse or assume any responsibility for any activities of or resources, products, services, content or promotions owned, controlled, operated or sponsored by third parties. If Users access any such resources, products, services or content or participate in any such promotions, Users do so solely at their own risk. Each User hereby expressly waives and releases Public Pressure from all liability arising from User’s use of any such resources, products, services or content or participation in any such promotions. User further acknowledges and agrees that Public Pressure will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such resources, products, services, content or promotions from third parties.
- User Responsibility: the technology underlying the Artistic Content NFTs is currently under development and testing. Public Pressure therefore accepts no liability for any technical issues or for any loss related to the Service relating to Artistic Content NFTs. The User will be responsible for all activities that occur under User’s Account (including but not limited to any purchase of the Service made through User’s Account). Users are further responsible for maintaining the confidentiality of User’s access information and for ensuring that no third party accesses User’s Account without User consent. Public Pressure cannot and will not be liable for any loss or damage arising from User’s failure to comply with these obligations. Users will immediately notify Public Pressure of any unauthorized use of User’s Account. Public Pressure is not responsible for any activity related to an external link or the External Wallet or for any other action caused by the User or third party in relation to the Services or to the Artistic Content Public Pressure will not in any event be liable for any errors arising from the failure of the User’s connection to the Platform or the failure of the Platform to function properly and/or technical issues related to the transactions necessary to process the Artistic Content NFTs and the transfer of their ownership (including gas fees, third party platform fees, blockchain etc.).
- Certain Uses and Risks of Blockchain Technology: Public Pressure utilizes experimental cryptographic technologies and blockchain technologies, including tokens, “smart contracts,” and distributed, decentralized or peer-to-peer networks or systems in performing the Drops. Each User acknowledges and agrees 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.
- Risk of Interacting with Smart Contracts: Users acknowledge and assume the risk of initiating, interacting with, participating in Marketplace transactions and take full responsibility and liability for the outcome of any transaction they initiate, whether or not the Smart Contracts or other market participants behave as expected or intended. Users hereby represent that they are knowledgeable, experienced and sophisticated in using blockchain technology and transactions.
- To the fullest extent permitted by applicable law, You agree to indemnify, defend and hold harmless Public Pressure, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns, from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise, including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) Your use or misuse of the Site, Content, Services, Marketplace, Platform, or NFTs, (b) any Feedback You provide, (c) Your violation of the Agreement, (d) Your violation of the rights of a third party, including another user or MetaMask, (e) any intellectual property disputes relating to Your Artistic Content NFTs sold on the Marketplace.
- INTELLECTUAL PROPERTY
- The Artist or the Seller – depending on who owns the Intellectual Property Rights – reserves all exclusive copyrights to its Artistic Content in connection with the Artistic Contents NFTs not transferred or assigned to the Buyer, including but not limited to the right to reproduce, to prepare derivative works, to display, to perform, to transform the Artistic Content, and to distribute the Artistic Content. All Artistic Content NFTs minted on the Platform are subject to the present Agreement. All Users who receive an Artistic Content NFT acknowledge and agree to accept or purchase the Artistic Content NFT subject to the rights licensed under the Agreement.
- LICENSE TO THE BUYER
- Owning an Artistic Content NFT does not mean owning the related Artistic Content. Therefore, the Buyers may not infringe on any of the exclusive rights of the copyright holder/owner (e., the Artist or the Seller).
- You do not have any legal ownership, right, or title associated to the Artistic Content, except for the standard licenses that the Seller or Artist grant You set out in Clause 5.1 of Section B (GTD) or, eventually, the extended rights granted in accordance with Clause 6 of Section B (GTD) by virtue of the creation of a specific Licence or Assignment of Rights as created by the Seller or the Artist.
- In the event that Artists or Sellers creates within the Platform or Marketplace any License or Assignment of Rights to the Buyer that may exceed or be more extensive (never less) than those set out in the previous Clause, Artists and Sellers must ensure, in any case, before uploading an Artistic Content or minting any Artistic Content NFT that they are the holders of those rights and are authorised to assign them, if applicable, in a limited or complete way, to the Buyer.
- The Buyer’s limited license to display and perform the Artistic Content includes, but is not limited to, the right to display or perform the Artistic Content privately or publicly: (i) for the purpose of promoting or sharing the Buyer’s purchase, ownership, or interest in the Artistic Content, for example, on social media platforms, blogs, digital galleries, or other Internet-based media platforms; (ii) for the purpose of sharing, promoting, discussing, or commenting on the Artistic Content; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the Artistic Content NFT associated with the Artistic Content; and (iv) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments, including simultaneous display of multiple copies of the Artistic Content within one or more virtual environments.
- The Buyers have the right to sell, trade, transfer, or use their Artistic Content NFT, but the Buyers may not make “commercial use” of the underlying Artistic Content including, for example, by selling copies of the Artistic Content, selling access to the Artistic Content, selling derivative works embodying the Artistic Content, or otherwise commercially exploiting the Artistic Content.
- The purchase of the Artistic Content NFT does not imply, in favour of the Buyer:
- any right to use the Artist’s name, image and more generally all identifying elements relating to the Artist,
- any transfer of physical ownership, trademarks, image rights, assignment or license of the copyrights and rights related to copyright and more generally any Intellectual Property Rights relating to the Artistic Content
- or any other works, recordings, graphics, video, audio and any other creation covered by copyright that may be contained in the NFT.
- The Buyer agrees that it may not, nor permit any third party, to do or attempt to do any of the foregoing without the Artist or Seller’s express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Artistic Content which would be prejudicial to the Artist’s honor or reputation; (ii) use the Artistic Content to advertise, market, or sell any third party product or service; (iii) use the Artistic Content in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Artistic Content in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by the Agreement or solely for the Buyer’s personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Artistic Content; (vi) attempt to trademark, copyright, or otherwise acquire additional Intellectual Property Rights in or to the Artistic Content; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same Artistic Content, whether on or off of the Platform; (viii) falsify, misrepresent, or conceal the authorship of the Artistic Content or the Artistic Content NFT; or (ix) otherwise utilize the Artistic Content for the Buyer’s or any third party’s commercial benefit.
- The User agrees and acknowledges that the lawful ownership, possession, and title to an Artistic Content NFT is a necessary and sufficient condition precedent to receiving the limited license rights to the underlying Artistic Content NFT provided by the Agreement. Any subsequent transfer, dispossession, burning, or other relinquishment of an Artistic Content NFT will immediately terminate the former Buyer’s rights and interest in the license or Artistic Content NFT as provided by the Agreement.
- EXCLUSION OF THE RIGHT OF WITHDRAWAL FOR ARTISTIC CONTENT NFTS
- The right of withdrawal from the purchase of Artistic Content NFT is excluded in application of one or more –
depending on the case – of the following regulatory provisions:
- service contracts after the complete performance of the service if the performance has started with the express agreement of the Consumer and the acceptance of the loss of the right of withdrawal after the complete performance of the contract by the professional;
- in supply of digital content (such as NFTs) which is not supplied on a tangible medium (such as e.g. a private key for an NFT or another NFT redemption code) if the performance has begun with the Consumer’s prior express consent and acknowledgment that in that case the user would lose his/her right of withdrawal;
- supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.
- The right of withdrawal from the purchase of Artistic Content NFT is excluded in application of one or more – depending on the case – of the following regulatory provisions:
SECTION D: COMMON RULES
- OBLIGATIONS OF THE NON REGISTERED USERS, LICENSORS, ARTISTS, BUYERS, SELLERS AND VISITORS (COLLECTIVELY
“THE USERS ”)
- The Users undertakes to:
- not to use the Site, the Platform or the Marketplace in an improper manner, for purposes that are not permitted by law or contrary to morality, to spread computer viruses, to perform activities that may compromise the security of the Site or damage it, to access the Site using automated tools (such as collection bots, robots, spiders or scrapers);
- provide their true data;
- not to violate any term of the Agreement applicable to the Users, depending on the Services that they use; the Applicable Laws and the Privacy Laws of UK and/or of the country in which he/she is located and/or of the country in which he/she resides, or in any case applicable to the activities he/she carries out;
- to respect the rights of Public Pressure and/or of Third Parties.
- The Users undertakes to:
- POWERS OF PUBLIC PRESSURE
- Public Pressure may, at its sole discretion and without any obligation to pay compensation:
- deny any of the Users further registrations to the Site and Services and/or access to the Site;
- take against any of the Users any action for its own protection, including those aimed at obtaining compensation for damages.
- Public Pressure may, at its sole discretion and without any obligation to pay compensation:
- VALIDITY OF THE ASSIGNMENT OF RIGHTS, EFFECTS AND FORMALITIES
- Artists, Sellers and Buyers must take full responsibility for observing and complying with the due legal formalities (e.g. the need in some jurisdictions and cases for the assignments of Intellectual Property Right agreement to be in writing) in order for their legal transactions to produce the appropriate legal effects, without being considered null and void or ineffective.
- Public Pressure is not responsible for the validity and/or formalities of these legal relationships between the Seller, Artist and Buyer, and is not obliged to implement any technological system of its own or of third parties that can certify, in compliance with various national regulations, the strict compliance with the necessary form (for example written agreement, by means of a particular type of electronic signature) in the transfer or assignment of any right within its platform.
- Artistic Content NFTs are unique, meaning that there should only ever be one Smart Contract for the generation of NFTs for a given Artistic Content. Artist and Seller, as the case may be, hereby acknowledges, understands, and agrees that minting an Artistic Content NFT on the Platform constitutes an express representation, warranty, and covenant that the Artist or the Seller, as the case may be, has not, will not, and will not cause another to mint, tokenize, or create another cryptographic token representing a digital item for the same Artistic Content, excepting, without limitation, the Artist or Seller’s ability to mint, tokenize, or create a cryptographic token or other digital asset representing a legal, economic, or other interest relating to any of the exclusive rights belonging to the Artist or Seller under copyright law.
- Public Pressure makes no representations or warranties, express or implied, written or oral, including any representations or warranties of title, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or technical quality of any Artistic Content NFT or work, smart contract code, or software.
- Notwithstanding anything contained in the Agreement, We reserve the right, without notice and in our sole discretion, to terminate Your right to access or use the Services at any time and for any or no reason, and You acknowledge and agree that We will have no liability or obligation to You in such event and that You will not be entitled to a refund of any amounts that You have already paid to us, to the fullest extent permitted by applicable law.
- If any term, Clause or provision of the Agreement is held invalid or unenforceable, then that term, Clause or provision will be severable from the Agreement and will not affect the validity or enforceability of any remaining part of that term, Clause or provision, or any other term, Clause or provision of the Agreement.
- LIMITATION OF LIABILITY
- The liability for damages to each User will in all cases be limited to, and under no circumstances will exceed, Public Pressure’s service fees actually received by Public Pressure from such User.
- The Users will be liable, indemnifying and holding harmless Public Pressure, for any action, including reasonable legal fees, brought by Third Parties and aimed at obtaining compensation for damages relating to violations of the obligations referred to in Clause 1 of this Section.
- CONTRACT CHANGES
- THIRD-PARTY MATERIALS
- Public Pressure is not responsible or liable for third party materials included within or linked from the Content or the Services.
- INTELLECTUAL PROPERTY
- Unless otherwise indicated on the Site with specific reference to certain items on the Site or Artistic Content or Artistic Content NFTs, Public Pressure is the exclusive owner of all Intellectual Property Rights in the Site and the Content on the Site. The Platform, Services and Content are the property of Public Pressure or Public Pressure’s licensors. All Public Pressure trademarks, services marks, trade names, logos, domain names, and any other features of the Public Pressure brand are the sole property of Public Pressure or its licensors. The GTCs and all its Sections do not grant You any rights to use any of such features whether for commercial or non-commercial use.
- The provision of the Site by Public Pressure will not be considered as an assignment or licensing by Public Pressure in favour of the Users of any Intellectual Property Right on the Site or on the Contents present on the Site, or as the object of any other different right of use by the Users and/or Third Parties.
- All trademarks and logos reproduced on the Site belong to their legitimate owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Public Pressure has no rights over such trademarks and logos, except for its own.
- The Licensor, Seller or Artist expressly warrant that each of the Intellectual Property Rights or other rights
over the Artistic Content and/or the Artistic Content NFT are:
- Legally and exclusively owned by the Licensor, Seller or Artist, free from any licence granted to any third party, encumbrance, restriction on use or disclosure obligation; and
- Not the subject of any claim or opposition by any person (including, without limitation, an employee or subcontractor of the Licensor, Seller or Artist) as to title, validity, enforceability, entitlement or otherwise.
- The Licensor, Seller or Artist also warrants that the Artistic Content and/or Artistic Content NFT and the IP Rights over them do not infringe, misuse, misappropriate or embody the subject-matter of any rights of another person or company.
- In the event of a challenge by a third party regarding the rights acquired by the Buyer or the Licensee in the
terms hereof on the grounds that the Artistic Content and/or Artistic Content NFT infringe the rights of the
said third party, the Service Provider undertakes:
- To supply Public Pressure and the Buyer, as soon as possible and with no unreasonable delay, with all information and documentation necessary to protect Buyer and eventually Public Pressure’s rights and interests, in particular to establish the absence of infringement or the lack of grounds for the third party’s claim; and
- To cooperate in good faith in any legal proceedings, if need be.
- The Licensor, Seller or Artist will fully indemnify and hold harmless Public Pressure and the Buyer/s from and against any and all third party claims, and reasonable resulting attorneys’ fees and court costs, to the extent that such claim, action or demand arises from any Artistic Content and/or Artistic Content NFT which (i) infringes a copyright held by that third party; (ii) infringes that third party’s patent or image rights in any country in which the Artistic Content and/or Artistic Content NFT are being sold or otherwise disposed of under any legal title whatsoever and/or /transformed and/or communicated and/or used in any way or (iii) constitutes misappropriation or unlawful disclosure or use of that third-party’s trade secrets or any other Intellectual Property Rights.
- The Artist and all Users irrevocably release, acquit, and forever discharge Public Pressure and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright or trademark infringement for Public Pressures use of an Artistic Content in accordance with the Agreement, including without limitation, Public Pressure solicitation, encouragement, or request for Users or third parties to host the Artistic Content for the purpose of operating a distributed database and Public Pressure’s deployment or distribution of a reward, a token, or any other digital asset to Users or third parties for hosting Artistic Content on a distributed database.
- FORCE MAJEURE
- Public Pressure will not incur any liability or penalty for not performing any act or fulfilling any duty or obligation hereunder or in connection with the matters contemplated hereby by reason of any occurrence that is not within its control (including any provision of any present or future law or regulation or any act of any governmental authority, any act of God or war or terrorism, any epidemic or pandemic, or the unavailability, disruption or malfunction of the Internet, the World Wide Web or any other electronic network, the blockchain or Public Pressure tecnological Systems or any aspect thereof, or any consensus attack, or hack, or denial-of-service or other attack on the foregoing or any aspect thereof, or on the other software, networks and infrastructure that enables Public Pressure to provide the Services.
- USERS RESPONSIBILITY FOR ACCOUNTS/ADDRESSES
- Users need to create a Public Pressure account to use all of the Public Pressure Services. Your username and password or the private keys controlling the relevant blockchain accounts or addresses are for Your personal use only and should be kept confidential. You understand that You are responsible for all use (including any unauthorized use) of Your username and password, as Well as for all matters relating to the Blockchain account or addresses through which You interact with the Services. Notify us immediately if You believe there has been unauthorized access to Your account.
- Public Pressure account names are available on a first-come, first-served basis. Only one (1) username can be assigned to a public Wallet Address.
- Usernames are not the User’s Intellectual Property Rights or personal property.
- Public Pressure reserves the right to delete, modify or change a username associated with a User’s Wallet Address without notice for actual or suspected violation of the Agreement.
- Public Pressure prohibits username squatting and the practice of reserving usernames for future use, especially where there is a likelihood that the username may confuse or mislead others. Users violating this name squatting policy may be removed or renamed without notice. Attempts to sell, buy or solicit other forms of payment in exchange for usernames are prohibited and may result in permanent account suspension.
- Public Pressure prohibits reserving inactive accounts for future use.
- Public Pressure has the authority to delete or modify inactive users.
- Users that have not conducted any transactions on the Marketplace for six (6) months may be deleted without notice.
- Public Pressure may reclaim, or require You to change, Your username for any reason.
- ACCOUNT SUSPENSION
- You agree that Public Pressure has the right to immediately suspend Your account, pause or cancel Your access
to the Services, or close Your account if We suspect, in our sole discretion, that:
- Your account is being used for money laundering or any illegal activity;
- You have concealed or provided false identification information or other details;
- You have engaged in fraudulent activity;
- You have acquired Artistic Content NFTs using inappropriate methods (including but not limited to using stolen funds or payments methods, or attempting to chargeback Your payment while retaining or disposing of an Artistic Content NFT;
- You are using, employing, or operating bots or other forms of automation and/or multiple accounts to engage in any activity on Public Pressure Gateway;
- You have otherwise acted in violation of the Agreement.
- You agree that Public Pressure has the right to immediately suspend Your account, pause or cancel Your access to the Services, or close Your account if We suspect, in our sole discretion, that:
- YOUR RIGHTS TO USE PUBLIC PRESSURE SERVICES
- Subject to Your compliance with the Agreement (including any other applicable terms and conditions), We grant to You limited, non-exclusive, revocable permission to make personal, non-commercial use of the Services. This Access will remain in effect unless and until terminated by You or Public Pressure. You agree that You will not redistribute or transfer the Services or the Content.
- The Public Pressure software applications and the Content are licensed, not sold or transferred to You, and Public Pressure and its licensors retain ownership of all copies of the Public Pressure software applications and Content even after installation on Your Devices.
- YOUR DEVICE
- You also grant to us the right to allow the Public Pressure Services to use the processor, bandwidth, and storage hardware on Your Device in order to facilitate the operation of the Public Pressure Service;
- CONTENT EXPERIENCE
- Some Content licensed by, provided to, created by, or otherwise made available by Public Pressure may incorporate advertising or other promotional messages.
- INFRINGEMENT CLAIMS
- Public Pressure respects the rights of intellectual property owners. If You believe that any Content infringes Your copyright, please contact us.
- The Agreement regulates the relationship between Public Pressure and the User and does not create rights in favour of, nor obligations against, Third Parties.
- Any tolerance by Public Pressure of the conduct of the Users in violation of the provisions contained in the Agreement does not constitute a waiver of the rights arising from the provisions violated, nor the right to require the exact fulfilment of all terms and conditions therein.
- Public Pressure does not provide Content and/or Services to individuals who do not have the legal capacity to act to accept the Agreement as set out in their home country’s legislation.
- The rights and remedies included herein are not exclusive, but are in addition to any other rights and remedies available under applicable law.
- Any limitation or exclusion of liability provided for in favour of Public Pressure in the Agreement will apply to the fullest extent permitted by law.
- In the event of any conflict betWeen the provisions contained in these Common Rules and those set out in the other Sections, the latter will prevail unless expressly stated otherwise.
- If there are no conflicts betWeen the Common Rules and the provisions contained in any of the Special Sections both will be integrated and interpreted together.
- The provisions contained in the Common Rules apply to all legal documents available on the Site, unless a specific legal document expressly excludes the application of the Common Rules.
- PROCESSING OF PERSONAL DATA
- NOTICES FOR CLAIMS OF COPYRIGHT INFRINGEMENT
- Public Pressure will respond to notices of alleged copyright infringement. If a User or other person believes that their Intellectual Property Rights have been infringed, please notify Public Pressure immediately.
- a clear identification of the copyrighted work that is claimed to be infringing;
- identification of the online material that is claimed to be infringing, including, if possible, a URL representing a link to the material on the Public Pressure Site;
- information sufficient to permit Public Pressure to contact the complainant, such as email address, physical address, and/or telephone number;
- a statement that the complainant has a good-faith belief that the relevant material is being used in a way that is not authorized by the copyright owner, its agent, or under the law;
- a statement, that the above information is accurate, and the complainant is the copyright owner or is authorized to act on behalf of the copyright owner.
- Users may submit their takedown requests using the following contact information:
Public Pressure Limited
Address 3rd Floor, Ulysses House, Foley Street, Dublin 1, Ireland, D01 W2T2
- If a User believes that a Artistic Content has been removed by mistake or misidentification, the User may
provide Public Pressure with a written counter notification containing the following information:
- the User’s name, address, telephone number, and email address;
- a description of the material that was removed, along with the URL where the content was posted in the Offerings prior to its removal;
- a statement that the User consents to the jurisdiction of London, or if the User’s address is outside of the UK , any jurisdiction in which the User may be properly served, and that the User will accept service of process from the person (or their agent) who filed the original copyright infringement notice; and
- the User’s electronic or physical signature. Upon receipt of a valid counter notification, Public Pressure will forward it to the party who submitted the copyright infringement notice. The original party (or their representative) will then have ten (10) days to notify Public Pressure that he or she has filed legal action relating to the allegedly infringing material. If Public Pressure Limited does not receive any such notification within 10 days, Public Pressure may restore the material to the Offerings.
- Public Pressure reserves the right to terminate the accounts or block usage of the Offerings of any party who is a repeat infringer or who is repeatedly charged with infringement.
- APPLICABLE LAW AND JURISDICTION
- The Agreement is governed by English Law. Any dispute concerning the interpretation, execution, termination or validity of the Agreement will be submitted to the exclusive jurisdiction of the English Courts.
- Should the provisions of this Clause be inapplicable according to the mandatory rules of the country of the Users, then the applicable law and the competent Court will be determined according to the laws of such Country.
- If You are a Consumer, You may have additional rights and protections provided by the local law of the country from which You are accessing the Site or using the Platform for purchase purposes.
SECTION E: GLOSSARY
|Access||means collectively the access to the Public Pressure Service and the Content inserted in the Marketplace or the Platform for registered Users;|
|Agreement||has the meaning set forth in Clause 2 of the Preamble; Airdrop has the meaning set forth in Clause 11.2 GTD; Airdrop Rules It refers to the content of Clause 11 GTD;|
|Artists||has the meaning set forth in Clause 6 b) of the Preamble;|
|Artistic Content||has the meaning set forth in Clause 3.1 of GTD;|
|Artistic Content NFTs||has the meaning set forth in Clause 3.1 of GTD;|
|Artist Resale Right||has the meaning set forth in Clause 7.3 c) of GTP;|
|Assignment of Rights||an agreement between the Artist or the Seller and the Buyer by which the Intellectual Property Rights owner assigns to the Buyer any of its Intellectual Property Rights relating to the Artistic Content and/or the Artistic Content NFT, as the case may be. In an assignment of copyright rights, the owner sells his or her ownership rights to another party and has no control over how the third party uses those rights;|
|Business Loss||has the meaning set forth in Clause 6.5 of TOS;|
|Buyer||has the meaning set forth in Clause 6 d) of the Preamble;|
|Clause||means any Clause of the General Terms and Conditions or its Special Sections;|
|Common Rules||has the meaning set forth in Clause 7(d) of the Preamble;|
|Consumer||means any natural person who is acting for purposes which are outside his/her trade, business or profession;|
|Content||means, by way of example only, any finite stream of data or information (file or software package), containing textual, photographic, video, audio, scripts, graphics, programming code, writings (including the way in which the same are presented and formatted), and features present on the Site or the Marketplace;|
|Curated Drop||has the meaning set forth in Clause 10 GTD;|
|Data||the information relating to the Users necessary to use the Services, as Well as all the information transmitted by the device with which the Users navigates on the Site and the operations performed (subject to storage, even temporary, on the Site);|
|Drop||means the offering of Artistic Content NFTs by Artists or Sellers through the Platform on the primary market;|
|Exclusive Rights related to the||Eligible Users has the meaning set forth in Clause 11.2 GTD;|
|Artistic NFT Content||means the ownership right to the single copy of an Artistic Content NFT purchased by Buyer, in addition to the rights to the underlying Artistic Content or such more extensive rights that the Artist or Seller may assign or license to the Buyer by means of an Assignment of Rights;|
|Feedback||has the meaning set forth in Clause 4.3 of the TOS;|
|Gas Fee||means any payment of a transaction fee required by the blockchains used by the Platform, whichever they are, to any operation or transaction that occurs on such blockchains, which in turn enable operation and transaction on the Platform, on the Marketplace, and on the Public Pressure Secondary Market, including but not limited to minting of Artistic Content NFTs and transactions relating to any sale of the Artistic Content NFTs;|
|Glossary||has the meaning set forth in Clause 7(e) of the Preamble;|
|GTCs||has the meaning set forth in Clause 1 of the Preamble;|
|GTD||has the meaning set forth in Clause 7(b) of the Preamble;|
|GTP||has the meaning set forth in Clause 7(c) of the Preamble;|
|Infringement Claims||has the meaning set forth in Clause 10.13 GTD;|
|Intellectual Property Rights||means patents, utility models, designs, copyrights and neighboring rights, trademarks or service marks, rights in the topography of semiconductor products, database rights, rights contained in confidential information, including know-how and trade and industrial secrets, moral rights or other similar rights in any country and, whether or not they are registered, any application for registration of any of the foregoing rights and all rights relating to the filing of applications for registration of any of the foregoing rights which are owned by, licensed to or otherwise lawfully used by Public Pressure;|
|License||an agreement between the Artist or the Seller and the Buyer by which the Intellectual Property Rights owner licenses to the Buyer any of its Intellectual Property Rights relating to the Artistic Content and/or the Artistic Content NFT, as the case may be. In a license of copyright and/or neighboring rights, the owner maintains his or her copyright ownership rights, but allows another party (the licensee) to exercise some of those rights without the licensee’s actions being considered copyright and/or neighboring rights infringement;|
|Marketplace||means the marketplace for the sale and purchase of Artistic Content NFTs, owned and managed by Public Pressure, as available on the Platform;|
|NFTs||means non-fungible tokens which are cryptographic assets on blockchain with unique identification codes and metadata that distinguish them from each other. NFTs are now used in several specific applications that require unique digital objects. Among these applications, the use of NFTs in the world of art, fashion and music has recently become widespread internationally, allowing certain design, artistic and musical products to be marketed and sold through these cryptographic tokens which, given their uniqueness, can guarantee the purchaser unique ownership of the digital object. The non-fungibility of the NFT, therefore, determines the possibility of transferring ownership of the digital goods embedded in the NFT, through the transfer of the NFT itself;|
|Non Registered Users||has the meaning set forth in Clause 6(a) of the Preamble;|
|Off-market Transactions||means transactions carried out outside the Marketplace or outside Public Pressure Secondary Market;|
|Platform||means the digital platform named “Public Pressure”, which can be accessed from the Site;|
|Preamble||means the opening Section of the GTCs;|
|Licensor||has the meaning set forth in Clause 6 g) of the Preamble;|
|Play to Earn||means a video game model based on game mechanics that allow players to earn tokens upon completion of certain tasks in the game itself and generally involving the use of NFTs that represent in-game assets;|
|Price of Artistic Content NFTs||means the sale price of an Artistic Content NFTs available on the Marketplace;|
|Privacy Law||means the EU Regulation 2016/679 (“GDPR”), the UK GDPR as well as the measures adopted by the Supervisory Authority in execution of the tasks established by the GDPR and other applicable legislation, of any type, including the opinions and guidelines drawn up by the Supervisory Authority;|
|Private Key||means and refers to an alphanumeric string that is generated at the creation of a crypto wallet address and serves as its password or the access code. Whoever has access to a private key has absolute control over its corresponding wallet, access to the funds contained within, and can transfer or trade assets and use the account for other purposes;|
|Public Pressure or We||has the meaning set forth in Clause 3 of the Preamble;|
|Public Pressure Secondary Market||means the market for purchases and sales occurring on the Marketplace of Artistic Content NFTs that have already been the subject of an initial sale by Artists or Sellers to their respective Buyers, and that are resold by Buyers, as Secondary Market Sellers;|
|Secondary Market Seller||means the Seller who has bought an Artistic Content NFTs within the Marketplace and subsequently sells it on the Public Pressure Secondary Market;|
|Seller||has the meaning set forth in Clause 6 c) of the Preamble;|
|Services||has the meaning set forth in Clause 1 of the Preamble;|
|Synchronization License||means a license granted to allow the synchronization of a music Artistic Content with video or visual images.|
|Smart Contracts||means a computer program or a transaction protocol run on a blockchain protocol which is intended to automatically execute, control or document legally relevant events and actions according to the terms of a contract or an agreement;|
|Special Sections||means Sections A, B, C, D, and E, of the GTCs;|
|Site||has the meaning set forth in Clause 1 of the Preamble;|
|Standard License||has the meaning set forth in Clause 5.1 GTD;|
|TOS||has the meaning set forth in Clause 7(a) of the Preamble;|
|Users or You||has the meaning set forth in Clause 6 (f) of the Preamble, and wherever in the Agreement We say “Yours”, we are referring to You;|
|Visitors||has the meaning set forth in Clause 6 e) of the Preamble;|
|Wallet||means a tool that You can use to interact with a blockchain network;|
|Wallet address||means the string of alphanumeric where the Artistic Content NFTs are stored.|