Welcome to MintSpace, owned and operated by Mintspace d.o.o. (“MINTSPACE,” “WE,” “US” OR “OUR”) WEBSITE (https://www.mintspace.io), (“SITE”). THIS AGREEMENT GOVERNS YOUR ACCESS AND USE OF THE SITE. These terms and conditions are drawn up in accordance with the Consumer Protection Act (ZVPot), the Personal Data Protection Act (ZVOP-1) and the Electronic Communications Act (ZEKom-1). Mintspace is an administrative platform that facilitates transactions between a buyer and a seller but is not a party to any agreement between the buyer and seller of the art or between any users. By clicking on the “I Accept” button, completing the account registration process, or using the Site, you accept and agree to be bound and abide by i) these Terms of Use, ii) our Privacy Policy; iii) our Cookies Policy and iv) all of the terms incorporated herein by reference. By agreeing to these terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms of Use, you must not access or use the Site. You should read the entire Terms of Use carefully before using this Site or any of the Services.


The MINTSPACE platform is operated by MintSpace d.o.o.

Company information:

MINTSPACE, razvoj novih tehnologij d.o.o.

Pod Lazami 58, Vrtojba

5290 Šempeter pri Gorici

Slovenia, EU

VAT ID: 53520106

Registration n.: 9022015000

Email: [email protected]

These terms and conditions determine the operation of the MINTSPACE platform, the rights and obligations of the user and the platform, and regulate the business relationship between the company and the user. These terms and conditions also govern the relationship between the Buyer and the Seller of the Product, at least with regard to the essential components of the purchase of the Product, which are: i) the purchase price, ii) the subject of the sale, iii) the right to withdraw from the contract, iv) the transfer of copyrights and other intellectual property rights on the Product and v) warranties. A more detailed content of the business relationship between the Buyer and the Seller is described under the section “buyer-seller relationship”.

The user is bound by the general conditions that are valid at the time of purchase (publishing an item/product or buying an item/product). When registering or buying an item/product, the user is reminded of the general terms and conditions of business and confirms his / her acquaintance with them by concluding the purchase or publishing the item/product.

This site also allows you to sell, purchase and display your art via auction (“Auction”). Detailed rules regarding the Auction process are available on this page, Auction Rules. 

MINTSPACE IS AN ”ONLINE MARKETPLACE” THAT SELLS DIGITAL ART PRODUCTS. MINTSPACE IS ALSO A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. MINTSPACE FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF PRODUCTS/ITEMS OR BETWEEN ANY USERS.

Since we have a growing number of services, we sometimes need to describe additional terms for specific services. Those additional terms and conditions, which are available with the relevant services, then become part of your agreement with us if you use those services.

BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, USING OUR SERVICES AND/OR PURCHASING PRODUCTS/ITEMS, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. If you do not agree to this Agreement, you may not access or use the Site or purchase the products/items.

These Terms of Use were last updated on December 16, 2021. MINTSPACE reserves the right to change or modify this Agreement at any time and in our sole discretion. You will be notified of any changes 15 days in advance per email or via a notification on the website itself (either via notification on the news section or with a special pop-up window). Upon such notification, it is your responsibility to review the amended Terms. By continuing to access or use the Site, you confirm your acceptance of the revised Agreement and all of the terms incorporated therein by reference. We encourage you to review the Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Site. If you do not agree to the revised Agreement, you may not access or use the Site.

All our Services are provided without warranty of any kind, either express or implied. We do not guarantee that the Site will be available 100% of the time to meet your needs. We will strive to provide you with the Site as soon as possible, but there are no guarantees that access will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.

Definitions

 “Product” or “Product / Item”refers to unique digital art, uploaded by the users.

“You” refers to you, the user, who uses or visits the Site and/or sells or purchases Products/Items on the Site.

“NTF” means a non-fungible token.

“Seller” means the person who sells a Product through the MINTSPACE platform.

“Buyer” means the person who buys a Product through the MINTSPACE platform.

“Credits” are points that are used to upload products. Every time you upload a product, one credit will be deducted from your account.

“Copyrights” shall mean rights in original works of authorship including related rights associated with works of authorship worldwide all protected under EU or foreign copyright law, whether or not registered in the respective copyright offices, that are owned or controlled by, or licensed to, Seller and that are necessary for or otherwise used in connection with the Intellectual Property. The subject matter of the transfer of copyrights is not copyright as a whole, but exclusively the following economic rights: the right to create and sell NTFs on the Product, the right of reproduction, including reproduction and storage electronically, right of transformation/right of processing (adaptations, translations, arrangements and any other alterations – also the right of audiovisual adaptation), the right to distribute unlimited circulation in all formats throughout the world, the right to make available to the public, the right to lease, the right of public performance, the right of public transmission, the right of public transmission with phonograms and videograms, the right of public presentation, the right of broadcasting transmission, the right of broadcasting retransmission, the right of secondary broadcasting transmission, the right to make permanent or temporary reproductions of a computer program by any means and in any form, in part or in whole (insofar as loading, displaying, running, transmission or storage of the computer program requires its reproduction, the Buyer does not require Sellers permission for the described actions), right to adapt, right to make translations, adaptations, arrangements and any other alterations of a computer program and the reproduction of the results thereof, without prejudice to the rights of the person who alters the program, the right to distribute the original of the computer program or copies thereof in any form, including its rental, the right to database reproduction, the right to distribute or to rent copies of the database, the right to make the database available to public, the right to other forms of communication the database to the public.

“Industrial Property Rights” means any and all registered or unregistered a) trade secrets and other confidential information, b) patents, patent disclosures and all rights in inventions (whether patentable or not), c) trademarks, trade names, internet domain names, and registrations and applications for registrations thereof, together with all of the goodwill associated therewith, d) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter in effect, and any other Industrial Property Rights directly or indirectly related to the Product.

“Intellectual Property Rights” means all Copyrights and Industrial Property Rights.

“Auction” means a place, where the Seller invites an indefinite number of persons to submit non-binding offers, with the best bidder being the one who, by the end of the deadline determined by the Seller offers the highest non-binding amount for the purchase of the product.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and share information about you.

Account Registration and Communication Preferences

If you wish to participate in an Auction for Product/Item, you will need to register for an account on the Site (“Account”).You agree to provide us with the information we request for the purposes of identity verification, compliance with know-your-customer rules, as well as detection of money laundering, terrorism financing, fraud or any other financial crime, if needed.  By creating an Account, you agree to:

(a) provide accurate, current and complete Account information about yourself,

(b) maintain and promptly update from time to time as necessary your Account information,

(c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us. Any actions on the Site, transactions, orders and operations initiated from your Account or using your password (1) will be considered to have been made by you, and (2) is irrevocable once validated using your password or made through your Account. If there is suspicious activity related to your Account, we may, but are not obligated to, request additional information from you.

(d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site, or your Account.

MINTSPACE will block multiple accounts of the same user. Also, you agree that you will not:

  • create another account if we’ve disabled one you had unless you have our written permission first;
  • buy, sell, rent or lease access to your Account or username unless you have our written permission first;
  • share your Account password with anyone;
  • log in or try to log in to access the Site through unauthorized third-party applications or clients.

Any attempt to do so or to assist others (Members or otherwise) will result in the Accounts of such users being terminated. Termination is not the exclusive remedy for such a violation, and we may elect to take further action against you.

Trading Fees: by buying or selling an art piece/item/product on MINTSPACE, you agree to pay all applicable fees and you authorize MINTSPACE to automatically deduct fees directly from your payment.

Applicable fees are always available at URL: https://mintspace.io/fees. By accepting these terms and conditions, you also agree that we have the right to change our Trading Fees at any time and at our sole discretion. You will be notified of any changes in advance through the website, your Account, or e-mail. Your continued use of the Site following the posting of a notice of a Fee changes signifies that you accept and agree to the changes.

You will always be provided with a breakdown of fees prior to your purchase or sale of an art piece/item/product.

MINTSPACE will apply an Administration Fee in its sole discretion to all accounts that have been ‘inactive’ for a consecutive period of at least 365 days. An account is deemed to be ‘inactive’ during any period if the User has not log in to the account for at least 365 days.

If your account remains ‘inactive’ for a continuous period of 365 days then your account shall be deemed to be ‘dormant’ and, if the balance on your account is zero, your account will be closed, and no fee shall apply.

Credits: Every time you upload a product, one credit will be deducted from your account. You can receive a certain number of free credits upon registration. You can always buy Credits too. The number of free Credits upon registration and the price for the purchase of an individual Credit(s) can be seen on the URL of the page: https://mintspace.io/fees. By accepting these terms and conditions, you agree that we have the right to change our Credits policy (free Credits and the price of Credits) at any time and at our sole discretion. You will be notified of any changes in advance through the website, your Account, or e-mail. Your continued use of the Site following the posting of a notice of a Credits policy change signifies that you accept and agree to the changes.             

Means of payment/payment options: At the URL: https://mintspace.io/fees, you can see which means of payment we accept (both for payments and withdrawals). By accepting these terms and conditions, you also agree that we have the right to change our payment options policy at any time and at our sole discretion. You will be notified of any changes in advance through the website, your Account, or e-mail. Your continued use of the Site following the posting of a notice of a payment options policy change signifies that you accept and agree to the changes. MINTSPACE may require you 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-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. MINTSPACE 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;
  • You have concealed or reported false identification information and other details; or
  • Transactions effected via your Account were effected in breach of this Agreement.

In such cases, MINTSPACE in its sole discretion, may pause or cancel your Auction transactions until such additional information and documents are reviewed by MINTSPACE and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, MINTSPACE may refuse to provide the Content to you.

By creating an Account, you also consent to receive electronic communications from MINTSPACE (e.g., via email or by posting notices to the Site). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

As stated above, your participation in the Auction is also subject to the rules available on this page, Auction Rules.

Closing your account: You may terminate this agreement with MINTSPACE and close your Account at any time.

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site (“Feedback”). You may submit Feedback by emailing us at [email protected] or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Terms of sale

The initial selling value of the Product may not exceed 10,000.00 USD.

By placing an order on or through MINTSPACE, you agree that you are submitting a non-binding offer to purchase such a Product.

If you wish you can create an NFT on any known platform with the artwork you just bought or you can resell it (including the license to create an NFT) on MintSpace. This can be easily done on your vendor dashboard by clicking “add new product”. 

The minimum withdrawal amount is 100 USD.

Auction Rules

Bidding on your own auctions or buying and selling to yourself is not allowed.

Bids are not binding. When the auction ends, the highest bidder receives an email including a payment link but he/she is not obliged to execute the payment. 

However, if you fail to fulfil the payment several times we will take corrective actions, as appropriate, including but not limited to removing the products and deleting your MintSpace account.

The contract between the buyer and the seller is considered concluded when the Buyer pays the full purchase price for the Product.

 The Buyer-Seller relationship

As stated in the introduction, these terms and conditions also regulate the general content of the mutual contractual relationship between the Buyer and the Seller of the Product, namely with regard to the essential components, which are  i) the purchase price, ii) the subject of the sale, iii) the right to withdraw from the contract, iv) the transfer of copyrights and other intellectual property rights on the product and v) warranties.

Users who confirm the terms and conditions also confirm that with the moment of payment of the purchase price for the Product, a contract has been concluded between the Seller and the Buyer with the following content:

  1.  The purchase price

The purchase price for the subject of sale is the price that was last achieved at the auction of the Product sold by the Seller and purchased by the Buyer. The administrative fee of the MINTSPACE platform will initially be added  to the purchase price, the orginal purchase price will be transferred to the sellers account balance.

  •  The subject of the sale (”Product”)

The subject of the sale is the Product sold by the Seller at the Auction.

  •  The right to withdraw from the contract

 After concluding the contract, the Buyer and the Seller do not have the right to withdraw from it unless they both agree to it.

  • The transfer of copyrights and other intellectual property rights on the product

Seller, after a full payment of Purchase price, assigns, transfers, grants and delivers to the Buyer, whereby the latter agrees to accept, all of the Sellers Intellectual Property (Copyrights and Industrial Property Rights) rights, title, interest in and to the Product, free and clear of all liabilities, obligations, pledges, security interests, liens, defenses, contractual commitments, claims, setoffs, equities or other encumbrances or other charges other than as expressly set forth herein. The Intellectual Property Rights include, without limitations, all of Sellers rights, title and interest in and to the Product. The transfer of Intellectual Property Rights referred to in previous paragraph is irrevocable, exclusive, unlimited regarding time and territory, and includes the right to further transfer acquired rights to third parties.

Concerning the content and scope Intellectual Property Rights, the Seller and Buyer agree to transfer them unlimited in content, but at least to such an extent.

  1. by any means, including photocopying, micro copying, scanning, recitation or public performance, broadcasting by any electronic mean, telecommunication and electronic communication, by cable, satellite, television or analogue or digital connection;
  2. on any media, physical or virtual, including paper, magnetic recording media, optical, electronic or digital (including magnetic tape, video tape, disk, video disk, floppy disk, memory card, memory stick, CD-ROM , CD-R, CD-RW, CD-I, DVD, Blu-Ray, smartphone, digital tablet, computer);
  3. under any form whatsoever, in any definition, any format and any collection, in 2D or 3D, in any languages, on all networks including telematics and computer, intranets and the Internet, through all distribution channels and in all places, private or open to the public; and
  4. for any purposes and projects, commercial or otherwise, including requirements of storage, transfer, evolution, compatibility, and exploitation, for sale, rental and lending, for purposes of audit, illustration, promotion and communication, and in particular to communicate internally and externally, to any third parties.

Seller waives its moral rights, rights of private or other personal use or public lending rights on Product.

By signing this Agreement, the Seller confirms that it shall not, directly or indirectly or through third parties, lodge an application for registering any Industrial Property Rights or Copyrights on Product.

  • Warranties

The Seller represents and warrants to the Buyer that:

  1. The product is: (a) original; (b) not in public domain; (c) not a violation, infringement, unauthorized use or misappropriation of any property rights, Industrial Property Rights, Copyrights or any other rights of any third party; (e) not derogatory or contrary to law; (f) to the best of Sellers knowledge not the subject of any litigation or claim.
  2. The Seller has not received any notice or claim alleging any facts or circumstances that, if true, would constitute or give rise to a breach of these Terms, nor is the Seller aware of any reasonable argument that any such facts or circumstances exist or that any such breach has occurred.
  3. It has all necessary rights appertaining to the Product, all of which are consistent with the rights transferred onto the Buyer.  
  • Other

The contract between the Buyer and the Seller is considered concluded when the Buyer pays the full purchase price for the Product.

Ownership

Unless otherwise indicated in writing by us, content and other materials contained therein, including, without limitation, the MINTSPACE logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”), the Site are the proprietary property of MINTSPACE or our affiliates, licensors or users, as applicable.

Notwithstanding anything to the contrary in this Agreement, the Site and Content may include software components provided by MINTSPACE or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such software components.

The MINTSPACE logo and any MINTSPACE product or service names, logos or slogans that may appear on the Site or Service are trademarks of MINTSPACE or our affiliates and may not be copied, imitated or used, in whole or in part, without our prior written permission. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site or Content. You may not use any metatags or other “hidden text” utilizing “MINTSPACE” or any other name, trademark or product or service name of MINTSPACE or our affiliates without our prior written permission. In addition, the look and feel of the Site and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of MINTSPACE and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and MINTSPACE names or logos mentioned on the Site are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by MINTSPACE.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MINTSPACE or its licensors, except for the licenses and rights expressly granted in these Terms.

License to Access and Use Our Site and Content

You are hereby granted a limited, nonexclusive, non-transferable, revocable, non-sublicensable license to access and use the Site and Content. However, such license is subject to this Agreement and does not include any right to (a) sell, resell or use commercially the Site or Contents, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Site or Content, except as expressly permitted by us, and (f) use the Site or Content other than for their intended purposes.

MINTSPACE does not claim ownership of your User Materials or Products. When you upload content to the Site, you are and remain the owner of your User Materials and Products. However, when you as a user create, upload, send, receive, post, publish or store your User Materials, such as text, photos, audio, visual works, video or other materials and information (“User Materials”) or Products, on, through or in the Site, you represent that (a) you either are the sole and exclusive owner of all User Materials or Products that you make available on or through the Site; (b) you have all rights, licenses, consents and releases that are necessary to grant to MINTSPACE the rights in and to such User Materials or Products, as contemplated under these Terms, including without limitation, that you have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your User Materials and Products (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Materials and Products; (c) neither the User Materials, Products nor your posting, uploading, publication, submission or transmittal of the User Materials or Products or MINTSPACE’s use of the User Materials or Products (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Materials or Products on, in or through the Site, you grant to MINTSPACE a non-exclusive, worldwide, royalty-free, license to such User Materials or Products to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise distribute such User Materials or Products solely for the purpose of providing and/or promoting the Site and, featuring your User Materials or Products within our Site and promoting it through our marketing ecosystem.. You may request to remove your User Materials or Products in accordance with our Privacy Policy, which is hereby incorporated by reference. The rights granted in this Section will survive the termination or expiration of this Agreement.

We have the right to remove or refuse to post any User Materials, including Product/Item, (a) for any or no reason in our sole discretion; (b) take any action with respect to any User Materials or Products that we deem necessary or appropriate in our sole discretion, including if we believe that such User Materials or Products violates the Terms of Use, infringes any intellectual property right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for MINTSPACE; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. YOU WAIVE AND HOLD HARMLESS MINTSPACE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

You understand and agree that We have the right to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

MINTSPACE shall have the right, but not the obligation, to monitor the content of the offerings, to determine compliance with these Terms and any operating rules established by MINTSPACE and to satisfy any law, regulation or authorized government request. MINTSPACE shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted through the Offerings. Without limiting the foregoing, MINTSPACE shall have the right to remove any material that MINTSPACE, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

However, we cannot undertake to review all User Materials or Products before they are posted on the Site, and cannot ensure prompt removal of objectionable User Material or Products after they have been posted. Accordingly, we assume no liability for any action regarding transmissions, communications, or content provided by any user or third party.

Third-Party Content Policy & Compliant Procedures

Third-Party Content Policy. As a matter of policy, we do not tolerate any User Materials or Products posted to the Site that, in our sole discretion: infringes intellectual property rights; violates Slovenian law; constitutes child pornography; or is obscene or defamatory. We intend to, in good faith and in our sole discretion, to remove, disable or restrict access to, or the availability of, User Materials or Products that, in our sole discretion, we deem infringing, racist, obscene, obscene as to minors, child pornography, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. The provisions of this section are intended to implement this policy but are not intended to impose a contractual obligation on us to undertake or refrain from any particular course of conduct. We again highlight, that we cannot undertake to review all User Materials or Products before  they are posted on the Site (or at any time), and cannot ensure prompt removal of objectionable User Material or Products after they have been posted. Accordingly, we assume no liability for any action regarding Third-Party content by any user or third party.

Third-Party Content Complaints. If you believe that someone has posted User Materials or Products that violates this policy (other than in cases of copyright infringement, which is addressed separately below), we ask you to promptly notify us by email at the following address: [email protected] You must use this address if you want to ensure that your complaint is actually received by the appropriate person charged with investigating alleged policy violations.

In order to allow us to respond effectively, please provide us with as much detail as possible, including: (1) the nature of the right infringed or violated (including the registration numbers of any registered trademarks or patents allegedly infringed); (2) all facts which lead you to believe that a right has been violated or infringed; (3) the precise location where the offending User Materials or Products can be found; (4) any grounds to believe that the person who posted the User Materials or Products was not authorized to do so or did not have a valid defense (including the defense of fair use); and (5) if known, the identity of the person or persons who posted the infringing or offending User Materials or Products.

By lodging a complaint, you agree that the substance of your complaint shall be deemed to constitute a representation made under penalty of perjury under the laws of the State of Slovenia. In addition, you agree, at your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against us, and all losses incurred, as a result of your complaint and/or our response to it.

We expect visitors to take responsibility for their own actions and cannot assume liability for any acts of third parties, which take place on the MINTSPACE site. By taking advantage of the Good Samaritan procedures set forth in this Section, you waive any and all claims or remedies that you might otherwise be able to assert against us under any theory of law (including, without limitation, intellectual property laws) that arise out of or relate in any way to the User Materials or Products at the site or our response, or failure to respond, to a complaint.

You agree that we have the right (but not the obligation) to investigate any complaint received. By reserving this right, we do not undertake any responsibility in fact to investigate complaints or to remove, disable or restrict access to or the availability of User Materials or Products. We support free speech on the Internet and therefore will not act on complaints that we believe, in our subjective judgment, to be deficient. If you believe that User Materials or Products remain on the site that violate your rights, your sole remedy shall be against the person(s) responsible for posting or storing it, not against us.

Hyperlinks

You are granted a limited, nonexclusive, revocable, non-transferable, non-sublicensable right to create a text hyperlink to the Site for non-commercial purposes, provided that such link does not portray MINTSPACE or our affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a logo or other proprietary graphic of MINTSPACE to link to the Site or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any MINTSPACE trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout or design of any page, or form contained on a page, on the Site without our express written consent.

Third-party Services

The Site may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left our Site and are subject to the Agreement and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications and are not under the control of MINTSPACE. MINTSPACE is not responsible for any Third-Party Websites or Third-Party Applications. MINTSPACE provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Site, our Agreement and policies no longer govern. You should review applicable agreement and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct, while accessing or using the Site or participating in the Auction. You agree that you will abide by this Agreement and will not:

  • Use the Product/Item in any way that is contrary to your grant of rights in the Product/Item;
  • Provide false or misleading information to MINTSPACE;
  • Use or attempt to use another user’s Account without authorization from such user and MINTSPACE;
  • Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden or impair the functioning of the Site in any manner;
  • Reverse engineer any aspect of the Site, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Site;
  • Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Site that you are not authorized to access;
  • Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Site, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
  • Use data collected from our Site to contact individuals, companies, or other persons or entities;
  • Use data collected from our Site for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
  • Bypass or ignore instructions that control all automated access to the Site; or
  • Use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.
  • Manipulate the price of any item (e.g., Product/Item) in an Auction or interfere with any other user’s Auction, listing, or profile;
  • Engage in any coercive, deceptive, and/or manipulative behaviour concerning an Auction, including using coercive, deceptive, and/or manipulative bidding tactics;
  • Post false, inaccurate, misleading, deceptive, defamatory, or libellous content;
  • Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • Distribute viruses or any other technologies that may harm MINTSPACE or the interests or property of users;
  • Post any hateful content;
  • Use the MintSpace page to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Site.

Taxes;

MINTSPACE is not responsible for determining the withholding, sales, use, value added, transfer or other taxes, together with any interest and penalties imposed with respect thereto (“Taxes”), that apply to your art/item/product transactions. You agree that you are solely responsible for determining what, if any, Taxes apply to your art transactions and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate taxing authorities. Unless otherwise indicated on an applicable invoice, any amounts due in respect of item/product/art transaction are exclusive of sale, use, value added or similar Taxes (“Sales Taxes”) which shall be your responsibility. Any payments with respect to your item/product/art transactions shall be made without deduction or withholding for any Taxes, except as required by applicable law. If any applicable law requires the deduction or withholding of any Tax (a “Withholding Tax”) from any such payment then the sum payable by you shall be increased as necessary so that after such deduction or withholding has been made the amount received is equal to the sum that would have been received had no such deduction or withholding been made. Upon our request, you agree to promptly provide any tax form that is reasonably required by us so to comply with our tax reporting obligations.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless MINTSPACE, 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 (individually and collectively, the ” MINTSPACE Parties”), 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 (collectively, “Claims”), 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 or Products/Items, (b) any Feedback you provide, (c) your violation of this Agreement, and (d) your violation of the rights of a third party, including another user. You agree to promptly notify MINTSPACE of any third party Claims and cooperate with the MINTSPACE Parties in defending such Claims. You further agree that the MINTSPACE Parties shall have control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND MINTSPACE. If full exclusion of liability is not possible under applicable law, you agree that any compensation for damages is limited to the amount of commission / services charged by MINTSPACE for the entire time (administrative fee) to the injured party

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY MINTSPACE, THE SITE, CONTENT CONTAINED THEREIN, AND PRODUCTS/ITEMS LISTED THERIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. MINTSPACE (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE: A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. MINTSPACE DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, CONTENT CONTAINED THEREIN. MINTSPACE DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SITE. WHILE MINTSPACE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND CONTENT SAFE, MINTSPACE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT, ANY PRODUCTS/ITEMS LISTED ON OUR SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE PRODUCTS/ITEMS OF INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORISED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORISED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR PRODUCTS/ITEMS.

MINTSPACE is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behaviour of software or any other features of the Products/Items.

Nothing in this Agreement shall exclude or limit liability of either party for fraud. ,  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Accidental transfers

You understand and agree that in the event that you deposit digital assets or products/items/art into an incorrect address, we may not have the ability, and are under no obligation or duty, to return such digital assets or Product/Item to you. This section applies regardless of whether we control the destination address.

Please note: exceptions to this section may be considered and made on a case-by-case basis and in our sole discretion.

Assumption of risk

You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that MINTSPACE does not give advice or recommendations regarding items/products/arts, including the suitability and appropriateness of, and investment strategies for items/products/art. You agree and understand that you access and use MINTSPACE at your own risk; however, this brief statement does not disclose all of the risks associated with art and other digital assets. You agree and understand that MINTSPACE will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using art, however caused.

Risks

The prices of blockchain assets or Digital art / Products are extremely volatile. Fluctuations in the price could materially and adversely affect the Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchaser of Product will not lose money.

Risk related to fraud and scams: You should be aware of the fact that fraud is not excluded on platforms such as MINTSPACE. We advise you to acquaint yourself with common fraudulent practices and with suggestions on how to avoid being defrauded.

Before you engage in using our Services and by confirming these Terms of Use, you agree and acknowledge that:

  • MINTSPACE will not be responsible for any loss or damage suffered by you, due to any illicit or fraudulent activity of third parties – you are solely responsible for your behaviour and usage of your Account. We point out once again, that Products that are not owned by the Seller may be sold on the MINTSPACE platform. MINTSPACE cannot control such sales, so you assume the risk of purchasing products with legal and / or factual errors. We also advise you to check search engines (such as “google.com”) before buying a Product, to see if the Product is being advertised elsewhere and to find out who is its author / holder. ;
  • MINTSPACE does not promote or operate giveaways – official promotions and referral programs are only communicated through MINTSPACE-owned channels, e.g. the Site;
  • MINTSPACE will never call you unexpectedly and without prior notice, regardless of cause or reason;
  • MINTSPACE will never ask you to disclose any of your sensitive authentication credentials, regardless of cause or reason, and will never demand remote access to your device or advise you to change your security settings;
  • Your Account credentials should be solely used by you and you should not disclose your login credentials to any third person or entity. You will ensure that the email and phone number which you used for registering a MINTSPACE Account will be exclusively operated and kept in private by you;
  • You will access your account solely on the devices which are possessed and controlled exclusively by you and you will not permit anybody to access or use the devices you use in this regard;

You should carefully assess whether your financial situation and tolerance for risk is suitable for buying, selling or trading Digital Art.

Limitation of liability; Release

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MINTSPACE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, 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 MINTSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, 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. IF FULL EXCLUSION OF LIABILITY IS NOT POSSIBLE UNDER APPLICABLE LAW, YOU AGREE THAT ANY COMPENSATION FOR DAMAGES IS LIMITED TO THE AMOUNT OF COMMISSION / SERVICES CHARGED BY MINTSPACE FOR THE ENTIRE TIME (ADMINISTRATIVE FEE) TO THE INJURED PARTY.

Modifications to the site

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or suspend or discontinue the Auction at any time and without liability therefor.

Governing Law and Venue

This Agreement, your access to and use of the Site and Content, and your participation in the Auction shall be governed by and construed and enforced in accordance with the laws of the Republic of Slovenia. YOU UNDERSTAND AND AGREE THAT YOUR USE OF MINTSPACE AS CONTEMPLATED BY THESE TERMS OF USE SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF SLOVENIA.

In the event of a dispute, the courts in Slovenia have jurisdiction.

Termination

Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason, and you acknowledge and agree that we shall 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.

Severability

If any term, clause or provision of this Agreement is held invalid or unenforceable, then that term, clause or provision will be severable from this 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 this Agreement.

These Terms of Use comprise the entire agreement between you and MINTSPACE relating to your access to and use of the Site and Content, and supersede any and all prior discussions agreements, and understandings of any kind (including without limitation prior versions of this User Agreement). Except as otherwise provided herein, these Terms of Use are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Miscellaneous

This Agreement along with the Auction Rules constitutes the entire agreement between you and MINTSPACE relating to your access to and use of the Sites and Content, and your participation in the Auction. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of MINTSPACE prior, concurrent or subsequent circumstance and MINTSPACE’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

Contact information

If you have any questions, would like to provide feedback, or would like more information about MINTSPACE, please feel free to email us at [email protected] If you would like to lodge a complaint, please contact us at [email protected]

These general terms and conditions enter into force on 16.12.2021