Terms and Conditions of Medellín NFT
Introduction
The NFT market provides the opportunity to create, sell, buy, bid, collect, trade, exhibit, and transact with blockchain-based digital collectibles, which can be represented as a non-fungible token (NFT) linked to certain digital media and art. At Medellín NFT, we facilitate transactions between the buyer and seller of an NFT but we are not a party to any agreement between the parties. We only generate revenue from transaction fees, purchases, and interactions through our NFT digital platform.
It should be clarified that the NFTs traded on our platform are considered digital assets, and Medellín NFT reserves the right to make the final decision on any dispute arising from the purchase of these assets through our platform, including auctions or other purchase methods.
To mint an NFT on our platform or list any NFT for sale, you must first register as a verified artist to ensure the authenticity of the art uploaded as a digital asset. It is important to clarify that we have no obligation or responsibility to maintain, store, or assist in the recovery of any NFT associated with your user account.
By purchasing an NFT through our platform, you will not acquire any intellectual property rights over the digital assets, except for the rights explicitly granted in this document. The user of our services is solely responsible for verifying the authenticity, legitimacy, and identity of any artist selling their digital assets on our platform to prevent future claims. However, Medellín NFT warrants that we have previously validated the identity, legitimacy, and/or authenticity of the artists and the stored NFTs in good faith.
In this document, we are listing the legal terms that we consider relevant for you and for anyone who visits our websites https://mnft.gallery - https://medellinnft.com or uses our services. These terms are necessary for your protection and ours and provide clarity and transparency regarding what we offer from Medellín NFT Colombia to the world.
1. Commercial Terms Offered to Customers
Reference to the Whitepaper Whitepaper.
The values associated with the commercial conditions are as follows:
- First Sale Commission: 10%
- Resale Commission: 2% (1% artist / 1% holders)
- Publishing Fee: 0.01 BNB
- NFT Minting Cost: There is no dependency on the gallery; it is based on the Binance network (BNB Chain).
Publication Cost in the Gallery: The first sale depends on the price of the initial transaction. It is charged to the user who is reselling the artwork and will be compensation to Binance based on the values associated in these terms and conditions. Modifications to the contract and agreed commissions may occur.
The process of wallet creation, minting, publishing, and purchasing is posted on our YouTube channel.
If you have any concerns regarding this, you can contact us at info@medellinnft.com, where you will be assisted with the required process.
2. Returns and Refunds Policy
Returns are not accepted for NFTs as transactions cannot be reversed. Given the nature of the business and the type of transaction, once the purchase is made and duly credited for both parties, no refunds will be issued in any form of currency, except for credits without an actual purchase. In the event of circumstances beyond the business that prevent the accreditation of the artwork in the users possession, both the gallery and the artist will refund the NFT under the conditions and proportions agreed upon in the initial negotiation terms.
The refund request will only be approved or rejected after verifying the non-accreditation of the artwork transfer.
3. Retention of the Right to Change Offers
As a gallery, we do not retain the right to change the offer in terms of type, quantities, and prices of NFTs with the user.
The published negotiation conditions remain in effect until a sale transaction of the NFT occurs.
Once the first NFT transaction is executed, the user will have the authority to modify the negotiation conditions for future transactions.
The digital assets will remain in our ownership until the purchase price is fully paid.
4. Warranties and Liability for Services and Products
The prices displayed in the digital offer are guaranteed by Medellín NFT.
We guarantee the debiting of the agreed amount and deliver the NFT with the intention of wallet-to-wallet purchase through METAMASK.
Once the coins are credited to the wallet, the artwork will be delivered.
The commissions and payment according to the conditions of the first sale and resale are automatically guaranteed to the user through the smart contract and not through gallery operations.
5. Right to Suspend or Cancel User Account
By using our services, you may be exposed to third-party services that contain inaccurate, offensive, unpleasant, or illegal data sources. By accepting these terms, you waive any legal or equitable rights or remedies that may be used against the reputation of Medellín NFT. Furthermore, if there are suspicions of ill intentions, affecting the deserved quality of the publications or NFTs offered for sale, or any factor that indicates a degradation of the services provided by Medellín NFT, we reserve the right, with or without prior notice and at our sole discretion, to suspend, disable, cancel, or delete user accounts and/or their ability to create NFTs and access our services at any time and for any reason. You acknowledge and agree that we will have no responsibility or obligation, and you will not be entitled to a refund of any amounts transacted in the process.
Additionally, if you believe that an end user or any third-party service has acted improperly or in any way misused any of Medellín NFTs services, please report it immediately through the channels provided in section 11. Similarly, you agree that your information will not impose any liability or obligation on Medellín NFT, and that we may consider such reports and take appropriate action at our discretion.
6. Indemnification
By accepting these Terms and accessing our services, you agree, to the fullest extent permitted by applicable law, to defend, indemnify, and hold harmless Medellín NFT, its officers, directors, shareholders, employees, affiliates, investors, partners, predecessors, and representatives from and against any and all actual or alleged claims, damages, obligations, losses, liabilities, costs, or debts and expenses (including attorneys fees) arising from:
- Violation of any of these Terms of Use or any other Terms set forth by Medellín NFT;
- Violation of any third-party rights, including copyright, access rights, property rights, or privacy resulting from user platform, user content, content linked or associated with any NFT, or the use of Medellín NFTs general services;
- Any claim that our user platform, user content, content linked or associated with any NFT, has caused harm to a third party. Additionally, you agree that the Medellín NFT parties will have control of the defense or resolution of any claim.
7. Limitation of Liability
No member of the Medellín NFT team, no officer, director, shareholder, employee, affiliate, investor, partner, predecessor, or representative shall be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages of any kind, including:
- Damages resulting from errors, inaccuracies, or inexactitude in the execution of our services;
- Personal or intellectual property damages caused by the use of our services;
- Unauthorized use or distribution of information stored
- Unexpected interruptions of services by providers and/or third parties;
- Events beyond the reasonable control of Medellín NFT, including internet failures, equipment failures, power outages, civil unrest, labor shortages, fires, floods, storms, earthquakes, explosions, terrorism, government actions, and/or inadequate performance by third parties;
- Loss of use, data, profits, goodwill, or other intangible losses resulting from the use or inability to use any of our services.
You acknowledge and accept that these limitations of liability are risk allocations considered for the use of our services and will apply even if Medellín NFT has been advised of the possibility of such liabilities.
8. Right to Change and Modify the Terms
As specified by the Medellin NFT team, only its members have the authority to agree on behalf of the project to any modification or change made to these Terms and Conditions, to waive any of its provisions, or to any additional relationship of any kind with the parties. Similarly, any modification or change made to this document by an unauthorized individual will not be valid or applicable to the provision of our services. Furthermore, we reserve the right, at our sole discretion, to modify, suspend, or discontinue our services (or any feature or part thereof) at any time and without liability.
9. Privacy Policy
Some of our services require or involve the submission, collection, and/or use of certain personally identifiable information. Specifically, as part of using our services, Medellín NFT may collect, access, and use the relevant data you have provided on our platforms, including activities related to NFT transactions or the browsing conducted by end-users through Medellín NFTs user services.
We recommend that you review our Privacy Policy at mnft.gallery/privacy o obtain information on how we collect, use, and share your personal data. By submitting personal data through any of our services, you accept the terms of our Privacy Policy and expressly consent to the collection, use, and disclosure of such information.
10. Choice of Law and Dispute Resolution
For the effective resolution of conflicts that arise between the user and Medellín NFT during the course of the negotiation, it is established that they will be submitted to the Arbitration and Dispute Resolution Center of the Chamber of Commerce Aburrá Sur, following the procedure defined in this Arbitration Agreement. These do not govern disputes arising between users or between users and third parties.
Applicability of the Arbitration Agreement: You agree that any dispute, controversy, or claim related in any way to your access or use of the services or products, or any aspect arising from the commercial relationship offered by Medellín NFT, will be resolved through binding arbitration.
Dispute Resolution Process: The parties agree to participate in good faith efforts to resolve disputes before either party initiates arbitration, judicial proceedings, or equitable compensation for intellectual property infringement.
The arbitration process will be governed by the terms defined and accessed through the following link Cámara de Comercio.
The arbitration claim must be submitted to the email address: arbitraje@camaramedellin.com.co
Claims unresolved through arbitration, conciliation, or amicable settlement at the Chamber of Commerce Aburrá Sur will be resolved by ordinary justice according to the amounts and subject matter of the dispute.
11. Customer Service and Contact Information
Medellín NFT may provide you with notices and notifications through the following means:
- Our website www.medellinnft.com;
- By the email address you have provided.
- Through the social media channels you have provided.
- Through any other means, including phone number, residential address, or physical location you have provided.
For Medellín NFT, notice or notification will be considered received and understood if, within twenty-four (24) hours after contact through any of the mentioned methods, no accessible and understandable response is provided.
You can send a message via email to any of the following addresses::
- info@medellinnft.com
- contact@medellinnft.com
Or by using our contact form on the website.: