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Terms & Conditions

Terms and Conditions QkweQkwe

Contents

  1. Introduction: The Platform.. 2
  2. Applicability of the terms of use. 3
  3. User Account and Security. 3
  4. Qkweqkwe Nfts. 3
  5. Qkwekwe Marketplace. 4
  6. Qkweqkwe Marketplace Prices, Fees, & Terms Of Sale. 5
  7. NFT Ownership and Copyright Ownership. 7
  8. Proprietary Rights. 7
  9. Limited License. 8
  10. Prohibited Uses. 8
  11. Intellectual Property rights. 8
  12. Hyperlinks. 9
  13. Third Party Services. 9
  14. User Conduct and Restrictions. 10
  15. Limitation of Liability. 12
  16. Indemnity. 13
  17. Disclaimer 13
  18. Copyright Infringement Complaints And Take Down Notices. 14
  19. Enforcement 16
  20. Security and Safety Measures. 18
  21. Governing Law.. 19
  22. Dispute Resolution. 19
  23. Amendment 19
  24. Termination. 20
  25. Severability. 20
  26. Survival 20
  27. Contact Information. 20
  28. No Assignment of the Terms. 21

 

 

 

Effective Date: [insert date]

 

1.     Introduction: The Platform

  • 1. Welcome to QkweQkwe, owned and operated by QkweQkwe Pty Ltd (“QkweQkwe,” “QQ” “we,” “us” or “our”). These Terms of Use (these “Terms”) govern your access and use of QkweQkwe website/ Online Marketplace; including without limitation the creation, purchase, sale, exchange, or modification of certain digital assets; our online and/or mobile services, and software provided on or in connection with those services (collectively, the “Service”).

 

2.     Applicability of the terms of use

  • 1. BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, USING OUR SERVICES AND/OR PURCHASING CRYPTO ASSETS, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. If you do not agree to these Terms, you may not access or use the Service or purchase the Crypto Assets/NFTs.

 

3.     User Account and Security

  • 1. This Service also allows you to sell, purchase and trade Crypto/Digital Assets (as defined below) via auction (“Auction”) or once off sale. Participation in the Auction may only happen through linking your digital wallets on supported bridge extensions such as MetaMask (https://metamask.io/). MetaMask is an electronic wallet, which allows you to purchase, store, and engage in transactions using Ethereum cryptocurrency or Polygon (Matic) Cryptocurrency.
  • 2. Before putting up your unique digital asset for Auction or putting in an offer to purchase a unique digital asset from another user, you  will have to download the supported Metamask electronic wallet extension, and connect and unlock your digital wallets with that extension. Once you submit an order to sell or purchase a unique digital asset, your order is passed on to the applicable extension, which completes the transaction on your behalf. We have no direct affiliation with Metamask, the service they provide is used by our platform and securing of your wallet, passphrase and all other security related remains the responsibility of the user.
  • 3. All transactions initiated through our service are facilitated and run by such third party electronic wallet extensions, by using our service you agree that you are coverned by the the terms of service and privacy policy of the applicable extensions, Metamask terms (https://metamask.io/terms.html) AND privacy policy is (https://metamask.io/privacy.html) is available for your perusal.
  • 4. QkweQkwe will not ever request a user’s pass phrase, access details to such extensions and it is up to the user to secure its digital wallet and assets related.
  • 5. It is the User’s responsibility to keep secure all matters relating to their accounts (if any) on QkweQkwe or the blockchain accounts or addresses through which they interact with the Offerings and Auctions. Users are responsible for protecting the confidentiality of their login information and passwords (if applicable) for the QkweQkwe Website, Apps or the private keys controlling the relevant blockchain accounts or addresses through which they interact with the Offerings.
  • 6. Although we curate the sellers to the best of our ability, the user bear full responsibility for decision of purchase. Notwithstanding indicators that alure to the verification, QkweQkwe makes no claim about the identity, legitimacy or authenticity of Assests on the Platform.
  • 7. QkweQkwe has a growing number of services, usage of services binds the user on the same user agreement and terms and conditions applicable for all services.
  • 8. “Crypto Assets” refers to unique non-fungible tokens (NFT), implemented on the Ethereum blockchain (the “Ethereum Platform”) using smart contracts, including without limitation jpg, gif, music files, video files associated with the created NFT.

 

4.     Qkweqkwe Nfts

  • 1. QkweQkwe Creators may choose to provide certain rights to holders of their NFTS, which may include, but is not limited to, physical items, special access, or other exclusive content (collectively, “Additional NFTS”). Any Additional Items will be provided directly to you from the QkweQkwe Creator; QkweQkwe has no involvement in such transactions and is not a party to such transactions. Notwithstanding the above, QkweQkwe may publish a description of the Additional Items on its website on behalf of the QkweQkwe Creator. If you own an item that entitles you to Additional Items, you hereby consent to QkweQkwe sharing your contact information with the QkweQkwe Creator to facilitate delivery of your Additional Items. _Unless otherwise stated, transactions on the Secondary Market are only for items on the platform and do not grant the purchaser the right to any Additional Items. _
  • 2. QkweQkwe Creators shall:
    • 2.1. Mint only original, non-infringing works that you actually and personally created
    • 2.2. Mint only works that they have the legal authority to mint (i.e., you are the owner of the copyright and you have not transferred the copyright to another)
    • 2.3. Refrain from minting stolen, knock-off, or infringing content
    • 2.4. Refrain from minting content created by other QkweQkwe Artists, unless expressly permitted
    • 2.5. If their work incorporates unoriginal content, make sure that either the appropriated content is in the public domain or you have a valid “fair use” defense
    • 2.6. Have the exclusive right to make commercial use of their artworks (and all other exclusive rights under copyright law) even after being sold on the QkweQkwe marketplace.
    • 2.7. Not be permitted to sell other digital works or NFTs if an identical work is sold or listed for sale on the QkweQkwe marketplace.
  • 3. Qkwekwe has no power to prevent an infringing work from being minted, but does have the power to take down infringing works, revoke minting privileges, or otherwise restrict the use of the QkweQkwe platform for posting infringing content or violating these Guidelines, whether or not a “fair use” exception may apply.
  • 4. minting a work on the Platform constitutes an express representation, warranty, and covenant that the Artist has not, will not, and will not cause another to mint, tokenize, sell, or offer for sale another digital collectible, asset, or product for the same underlying work.

 

5.     Qkwekwe Marketplace

  • 1. QkweQkwe is a platform, QkweQkwe is not a broker, financial institution or creditor. The services are based on an administrative platform only. QkweQkwe facilitates transactions between buyer and seller in the auction.
  • 2. Off-Market Transactions
    • 2.1. QkweQkwe does not generally collect any fees, commissions, or royalties for transactions occurring outside of the QkweQkwe Marketplace and not involving the QkweQkwe Smart Contracts. The Artist and all other Users hereby waive any entitlement to royalties, commissions, or fees for off-market transactions.  The User irrevocably releases, acquits, and forever discharges QkweQkwe 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.
  • 3. Gas
    • 3.1. All User transactions on the QkweQkwe Platform, including without limitation Minting, tokenizing, bidding, listing, offering, purchasing, or confirming, are facilitated by Smart Contracts existing on the Ethereum network.  The Ethereum network requires the payment of a transaction fee (a “Gas fee”) for every transaction that occurs on the Ethereum network, and thus every transaction occurring on the QkweQkwe Platform.  The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of QkweQkwe or the QkweQkwe Platform.  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.
  • 4. Taxes
    • 4.1. Users are responsible to pay any and all sales, use, value-added and other 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 artworks).

 

6.     QkweQkwe Marketplace Prices, Fees, & Terms Of Sale

  • 1. By placing a bid or an order on or through QkweQkwe Platform, you agree that you are submitting a binding offer to purchase items on the platform. Your order is accepted and confirmed once purchase is complete, and QkweQkwe displays the Confirmation Page (“Confirmation Page”). YOU HEREBY EXPRESSLY AGREE THAT THE SUPPLY OF AN ITEM BEGINS IMMEDIATELY AFTER THE CONFIRMATION PAGE IS DISPLAYED.
  • 2. No refunds or returns are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
  • 3. Every transaction on the QkweQkwe Marketplace is subject to Fees collected to support the Artists and the QkweQkwe Platform.
  • 4. The amount of Fees for the sale of a QkweQkwe Item also depends on whether the transaction involves the QkweQkwe Item’s first sale (“Primary Sale”) or a subsequent sale in the secondary market (“Secondary Market Sale”).  All Fees are collected and distributed at the time of the purchase of a QkweQkwe Item by operation of the Smart Contracts.
  • 5. Primary Sale
    • 5.1. The Artist receives sixty five percent (65%) of the Total Sale Price for Primary Sales.
    • 5.2. QkweQkwe collects thirty five percent (35%) of the Total Sale Price as a commission as follows:
      • 5.2.1. QkweQkwe collects thirty percent (30%) of the Total Sale Price commission; and
      • 5.2.2. QkweQkwe DAO collects five percent (5%) of the Total Sale Price commission.
    • 6. Secondary Market Sale
      • 6.1. Artists receive eight percent (8%) Royalty; QkweQkwe collects six percent (6%); QkweQkwe DAO collects one percent (1%) on the total Sale Price for Secondary Market Sales paid by the Collector who sells the QkweQkwe Item.
      • 6.2. The Royalty is deducted from the total Sale Price at the time of the purchase by operation of the Smart Contracts.
    • 7. Automated fees, commissions, and royalties for the sale of Items on the QkweQkwe Platform
      • 7.1. The User agrees and understands that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the Smart Contracts on the Ethereum blockchain network.  By transacting on the platform and by using the Smart Contracts, the User hereby acknowledges, consents to, and accepts all automated fees, commissions, and royalties for the sale of Items on the QkweQkwe 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.
    • 8. Automated Royalties to Artists
      • 8.1. The User consents to the automated collection and disbursement to Artists of royalties for Secondary Market sales of QkweQkwe Items.  The User hereby waives any first sale defense or argument with respect to Secondary Market activities resulting in royalty to a QkweQkwe Artist.
    • 9. QkweQkwe No Representations on Price or Value
      • 9.1. Users acknowledge and consent to the risk that the price of an Item purchased on the QkweQkwe marketplace may have been influenced by User activity outside of the control of QkweQkwe or the QkweQkwe Platform. QkweQkwe does not represent, guarantee, or warrant the accuracy or fairness of the price of any QkweQkwe Item sold or offered for sale on or off of the Marketplace.  The User agrees and acknowledges that QkweQkwe is not a fiduciary nor owes any duties to any User of the platform, including the duty to ensure fair pricing of QkweQkwe Items or to police User behavior on the Marketplace.

 

7.     NFT Ownership and Copyright Ownership

  • 1. Ownership of a copyright is separate and distinct from ownership of any material object (i.e., a painting) or digital asset (i.e., a non-fungible token or “NFT”) in which the work is embodied or embedded. Artists do not lose copyright protection over works when they are sold on the QkweQkwe marketplace, unless the parties expressly agree in writing to convey a copyright interest as part of the transfer. Collectors only have a property interest in lawfully purchased NFTs, but they do not have a copyright interest in the underlying artworks. The Artist reserves all exclusive copyrights to the underlying copyrights.

 

8.     Proprietary Rights

  • 1. QkweQkwe owns, solely or exclusively, all rights, title and interest in and to the Website, all data, content, graphics, artwork, images, photographs, code, audio/s, video/s, software and other material on, in or made available through the Website  and or the Website Material as well as the look and feel, design, selection, coordination, arrangement, and organization of the Website Material (together with the Website Material, the “Website Content”), including but not limited to any copyrights, trademark rights, moral rights and other intellectual property and proprietary rights therein.
  • 2. Under no circumstances will you have any rights of any kind in or to the Website or the Website Contents, other than the right to use the Website in accordance with these Terms of Use.

 

9.     Limited License

  • 1. You may access and view the content on the Website on your computer or other device.
  • 2. Unless otherwise specifically indicated in these Terms of Use, use of the Website and the services offered on or through the Website are only for your personal, non-commercial use.

10. Prohibited Uses

  • 1. You agree that any commercial or promotional distribution, publication or exploitation of the Website or any Website Contents is strictly prohibited unless you have received the express prior written permission from QkweQkwe or the right/s holder.
  • 2. You further agree that you will not:
    • 2.1. Use the Website for any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws);
    • 2.2. download, post, display, publish, copy, distribute, transmit, communicate to the public, broadcast or create derivative works from, or otherwise exploit any of the Website Contents; and
    • 2.3. alter, edit, delete, remove, change the meaning or appearance of any of the Website Contents, including without limitation the removal or alteration of any trademarks, trade names, logos, service marks, copyright notices or any other proprietary notices on any Website Contents.
  • 3. We reserve the right to suspend or terminate your access to and use of this Website and/or ability to use the services with or without notice for failure to comply with these Terms of Use, for providing us with untrue or inaccurate information about yourself, for infringement upon any of our proprietary rights, or for any other reason whatsoever or for no reason.

 

11. Intellectual Property rights

  • 1. You may not use subject matter protected as Intellectual Property rights such as copyright, trademarks, without our prior, written permission.

 

  • 2. Intellectual property rights such as copyright, trademarks by third parties may also appear on the Website from time to time; you may not use these Intellectual Property rights without prior, written permission of their respective owners.
  • 3. You acknowledge and agree that nothing on the Website grants any right or license to use any of the Intellectual property rights such as copyright, trademarks or may be construed to mean that we have authority to grant any right or license on behalf of any third party Intellectual property rights such as copyright, trademarks owner.

12. Hyperlinks

  • 1. You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Service for noncommercial purposes, provided that such link does not portray QkweQkwe 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 QkweQkwe to link to the Service or Content without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any QkweQkwe trademark, logo or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service without our express written consent.

 

13. Third Party Services

  • 1. The Service 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 Service and are subject to the Terms 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 QkweQkwe.
  • 2. QkweQkwe is not responsible for any Third-Party Websites or Third-Party Applications.
  • 3. QkweQkwe 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 Service, our Terms and policies no longer govern. You should review all applicable agreements 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.

 

14. User Conduct and Restrictions

  • 1. 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 Service or participating in the Auction. You agree that you will abide by these Terms and will not:
    • 1.1. Provide false or misleading information to QkweQkwe;
    • 1.2. Use or attempt to use another user’s Account without authorization from such user and QkweQkwe;
    • 1.3. · collect or harvest any personal data of any user of the Site or the Service;
    • 1.4. Create or list counterfeit items;
    • 1.5. Pose as another person or create a misleading username;
    • 1.6. Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
    • 1.7. Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
    • 1.8. Reverse engineer any aspect of the Service, 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 Service;
    • 1.9. Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
    • 1.10. Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
    • 1.11. Use data collected from our Service to contact individuals, companies, or other persons or entities;
    • 1.12. Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
    • 1.13. Bypass or ignore instructions that control all automated access to the Service;
    • 1.14. Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
    • 1.15. Use the Ethereum Platform 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 Ethereum Platform, or the Service;
    • 1.16. Engage in wash trading or other deceptive or manipulative trading activities;
    • 1.17. Place misleading bids or offers;
    • 1.18. Spam listings for the purpose of causing a listing to appear at the top of the search results;
    • 1.19. Engage in behaviors that have the intention or the effect of artificially increasing view counts, favorites, volume, or other metrics that QkweQkwe might use to sort search results;
    • 1.20. Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, listing, or buying securities, commodities, options, real estate, or debt instruments; or
    • 1.21. Use the Service to participate in fundraising for a business, protocol, or platform, including but not limited to creating, listing, or buying assets that are redeemable for financial instruments, assets that give owners rights to participate in an ICO or any securities offering, or assets that entitle owners to financial rewards, including but not limited to, DeFi yield bonuses, staking bonuses, and burn discounts.
  • 2. The sale of stolen assets, converted assets, fraudulently obtained assets, assets taken without authorization, and other illegally obtained assets on QkweQkwe is prohibited. Listing illegally obtained assets may result in your listings being cancelled, your assets being hidden, or your account being suspended.
  • 3. If you have reason to believe that an asset listed on QkweQkwe was illegally obtained, please contact us immediately at curator@qkweqkwe.io Include the asset’s ID, the asset’s contract address, and evidence demonstrating that the asset was illegally obtained. QkweQkwe will review your claim and reply within seventy two (72) hours. If we determine from the evidence that the asset is stolen, we will hide it or disable trading of it.
  • 4. We require all users to be eighteen (18) years old or older. If you are under 18, you may use a parent or guardian’s QkweQkwe account, but only with involvement of the account holder. However, the account holder is responsible for everything done with that account.

15. Limitation of Liability

  • 1. In addition to any other limitation of liability set forth in this terms of use, you expressly agree that in no event shall the QkweQkwe, its officers, directors, employees, contractors, affiliates, or agents be liable to you or any third party for: Any direct, indirect, punitive, incidental, special, consequential damages or any damages incurred by you, however caused and under any theory of liability. This shall include, but is not limited to:
    • 1.1. lost profits (directly or indirectly), loss of data, loss of goodwill or business reputation, or other intangible loss;
    • 1.2. Any loss or damage that may be incurred by you arising out of or in any way connected with the use or performance of the Website; the delay or inability to use the Website; the provision of or failure to provide services; for any information, documents and publications obtained through the Website; or otherwise arising out of the use of the Website;
    • 1.3. Any loss or damage arising out of unauthorized access to or alteration of your transmissions of data and for any material or data sent or received or not sent or received; and
    • 1.4. Any loss or damage arising out of any inaccuracies in the translation of information, documents and publications on the Service’s foreign language websites or for any misunderstandings resulting from differences in language usage, dialect or particular regional usage in such translations. The limitations on QkweQkwe liability apply even if the QkweQkwe has been advised of or it should have been aware of the possibility that such losses or damages could arise.

 

16. Indemnity

  • 1. The User agrees that QkweQkwe and its affiliates and their respective shareholders, directors, officers, employees, representatives, agents, contractors, customers and licensees (collectively, the “Indemnified Parties”) shall have no liability whatsoever for, and the User shall indemnify and hold harmless the Indemnified Parties from and against, any and all claims, losses, damages, liabilities, costs and expenses (including reasonable lawyer’s fees) arising from, in connection with or related to: (a) any use the User or its end users makes of the API, the Content or the Minting Services; (b) the User’s relationships or interactions with any end users or third party distributors of the User’s Product; (c) the User’s Product; (d) the User’s breach of the terms of this Agreement or (e) the gross negligence, willful misconduct or fraud of the User, its affiliates and their respective shareholders, directors, officers, employees, representatives, agents, contractors, customers and licensees.

17. Disclaimer

  • 1. QkweQkwe is not responsible for and do not guarantee the accuracy or completeness of any Website Content or other items contained within the Website.
  • 2. We reserve the right to immediately remove or make changes to any Website Contents for any reason or for no reason in our sole discretion. 
  • 3. We provide the website on an “as is” basis. Your use of the website is at your own risk. We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and/or non-infringement of copyrights or other third-party proprietary rights. We do not warrant that the website will provide continuous, prompt, secure, or error-free service. We make reasonable, ongoing efforts to revise and update the website, but assume no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the website. We assume no responsibility, and shall not be liable for, any damages to, or viruses which may affect, your computer equipment or other property arising from your use of the Website.
  • 4. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstances will we be liable to you for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms.

 

18. Copyright Infringement Complaints And Take Down Notices

  • 1. QkweQkwe reserves the right to remove content without prior notice. QkweQkwe will take down works in response to formal infringement claims and will terminate a user’s access to the Services if the user is determined to be a repeat infringer.
  • 2. If you believe that your content has been copied in a way that constitutes copyright infringement, please report this by contacting our designated copyright agent at:
  • 3. anna@qkweqkwe.io
  • 4. QkweQkwe will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under these Terms, including removing or disabling access to content claimed to be infringing and/or terminating accounts and access to the site. Collectors purchase QkweQkwe items assuming the risk that it may be subsequently taken down pursuant to a valid Take Down Notice. 

 

  • 5. Take Down Process and Procedure
    • 5.1. A copyright owner to may give notification to an online service provider concerning alleged copyright infringement.
    • 5.2. QkweQkwe will take reasonable steps to contact the Artist responsible for minting the removed content so that a Counter-notification may be filed if applicable. On receiving a valid Counter-notification, we generally restore the content in question, unless we receive notice from the Take Down Notice provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. Our Privacy Policy does not protect any information contained in any Take-Down Notice or Counter-notification.
  • 6. Filing a Take Down Notification
    • 6.1. If you are a copyright owner or an agent thereof and believe that any Content on the QkweQkwe platform infringes upon your copyrights, you may submit a notification by providing us with the following information in writing:
      • 6.1.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      • 6.1.2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works at that site.
      • 6.1.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. *Providing URLs in the body of your notification is the best way to help us locate content quickly
      • 6.1.4. Information reasonably sufficient to permit us to contact you (the complaining party), such as an address, telephone number, and an electronic mail address at which you (the complaining party) may be contacted.
      • 6.1.5. A statement that you (the complaining party) have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      • 6.1.6. A statement that the information in the notification is accurate, and under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      • 6.1.7. **(Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material.
    • 7. Any person who knowingly materially misrepresents that Content or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us and possibly others for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.
    • 8. Responding to a Take Down Notice with a Counter-Notification
      • 8.1. We will take reasonable steps to promptly inform you if your content has been taken down upon receipt of an effective Take-Down Notification. If you believe that the content that was removed or to which access was disabled is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to mint and use the material, you may send us a Counter Notification containing the following information:
        • 8.1.1. Your physical or electronic signature;
        • 8.1.2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
        • 8.1.3. A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
        • 8.1.4. Your name, address, telephone number, and e-mail address and a statement that you will accept service of process from the person who provided notification of the alleged infringement to us.
        • 8.1.5. You have ten (10) business days after receipt of a take-down Notice to send us an effective Counter Notification or the allegedly infringing material may not be restored.
      • 9. Any person who knowingly materially misrepresents that material or activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.
      • 10. Where to Send a Take Down Notice with a Counter-Notification Request
        • 10.1. You must submit your Take-Down Notices and Counter Notifications to us by email.
        • 10.2. Email Address:
        • 10.3. Subject/Heading of Email: QkweQkwe Take Down Notification

 

19. Enforcement

  • 1. Failure to abide by these Community Guidelines and Policies may result in, without limitation, suspension of minting privileges, deletion of your account, revocation of your right to access the QkweQkwe platform, delisting of your art works, or other penalties deemed suitable by the QkweQkwe team. QkweQkwe has the unilateral authority and discretion to remove, suspend, or revoke Artists’ access to the QkweQkwe platform for posting unoriginal content, whether or not a credible “fair use” defense exists.
  • 2. QkweQkwe Has the Right to Remove Allegedly Infringing Content
    • 2.1. QkweQkwe reserves the right to remove any Content that allegedly infringes another person’s copyright or trademark rights, thereby restricting access to or visibility of the Work on the Site and restricting the Owner’s ability to sell, access, or view the Work on the Marketplace. All transactions involving QkweQkwe Items are conducted with the knowledge and assumption of the risk that the Item may subsequently be removed from the QkweQkwe platform and Marketplace as a consequence of a copyright infringement dispute or a User’s violation of these Terms. QkweQkwe shall not be liable to a Collector or Artist of an Item that was subsequently taken down by QkweQkwe pursuant to a valid Take-Down Notice or a determination of a User’s violation of these Terms.
  • 3. QkweQkwe Has the Right to Terminate Repeat Infringers’ Accounts
    • 3.1. QkweQkwe implements a strict “repeat infringer” policy, which requires it to terminate a User’s access to the Site and Smart Contracts, including restricting minting privileges and terminating a User’s account if, under appropriate circumstances, the User is determined to be a repeat infringer. QkweQkwe also reserves the right to restrict an Artist’s account for reasons other than copyright infringement, such as but not limited to, minting pornographic, obscene, or hateful content, or excessive or suspicious minting conduct. We may at any time, without prior notice and in our sole discretion, remove such material and/or terminate a User’s account for submitting such material in violation of our Terms of Service.
  • 4. Infringers May Be Liable to Collectors and QkweQkwe
    • 4.1. Artists expressly agree to refund to the Collector and/or QkweQkwe the entire portion of ether (ETH) received from the sale of a QkweQkwe Item that was subsequently removed from the Site pursuant to an effective Take Down request to which the Artist failed to timely submit an effective Counter-notification. QkweQkwe Labs, under any circumstance, will not be held liable to any Collector or User for removing allegedly infringing works from the Platform or otherwise fulfilling its legal obligations.
  • 5. User Agree to Cooperate with QkweQkwe
    • 5.1. Artist, Collectors, and all Users expressly agree to cooperate and timely respond to QkweQkwe’s investigations, requests, and inquiries related to Copyright infringement disputes or allegations of infringement. Users agree to initiate a “burn” transaction upon QkweQkwe’s request for Works that have been permanently removed from the QkweQkwe marketplace pursuant to a valid Take-Down Notice, or that are otherwise alleged to be infringing.

 

20. Security and Safety Measures

  • 1. You accept and acknowledge that:
    • 1.1. The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the Crypto Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Crypto Assets will not lose money.
    • 1.2. You are solely responsible for determining what, if any, taxes apply to your Crypto Assets transactions. Neither QkweQkwe nor any other QkweQkwe Party is responsible for determining the taxes that apply to Crypto Assets transactions.
    • 1.3. Our Service does not store, send, or receive Crypto Assets. This is because Crypto Assets exist only by virtue of the ownership record maintained on its supporting blockchain. Any transfer of Crypto Assets occurs within the supporting blockchain and not on this Service.
    • 1.4. There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that QkweQkwe will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Crypto Assets, however caused.
    • 1.5. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of Crypto Assets.
    • 1.6. The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Auction and/or Service and the utility of Crypto Assets.
    • 1.7. The Service will rely on third-party platforms such as MetaMask to perform the transactions for the Auction of Crypto Assets. If we are unable to maintain a good relationship with such platform providers; if the terms and conditions or pricing of such platform providers change; if we violate or cannot comply with the terms and conditions of such platforms; or if any of such platforms loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.
    • 1.8. There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. QkweQkwe reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on QkweQkwe. Under no circumstances shall the inability to view your assets on QkweQkwe serve as grounds for a claim against QkweQkwe.

 

21. Governing Law

  • 1. This terms and conditions shall be governed by the laws of South Africa.

22. Dispute Resolution

  • 1. Any dispute so arising shall be governed by the laws of South Africa.

23. Amendment

  • 1. QkweQkwe reserves the right to modify and  / or change these Terms at any time and in our sole discretion. Should changes to these Terms be made, QkweQkwe will provide notice of such changes; such as by sending an email notification, providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein. We strongly encourage you to review the Terms and Conditions frequently to ensure that you understand the terms and conditions that apply when you access and/or use the Service. Should you not agree to the revision or revised Terms, you may not access or use the Service.We may, at any time and without liability or prior notice, modify or discontinue all or part of the Platform (including access to the Platform via any third-party links).
  • 2. The Smart Contracts May Change
    • 2.1. The User acknowledges that QkweQkwe 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 these Terms.

 

24. Termination

  • 1. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service 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.

25. Severability

  • 1. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms 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 these Terms.

26. Survival

  • 1. You agree and understand that all provisions of these Terms of Use shall survive the termination or expiration of these Terms of Use.

27. Contact Information

  • 1. If you have any questions, would like to provide feedback, or would like more information about QkweQkwe,
  • 2. please feel free to email us at admin@qkweqkwe.io
  • 3. If you would like to lodge a complaint, please contact us at anna@qkweqkwe.io

28. No Assignment of the Terms

  • 1. Neither party may assign or transfer any rights or obligations under this Agreement without the prior written consent of the other party, provided that QkweQkwe may assign this Agreement without your prior consent to any of QkweQkwe affiliates, or to its successors in interest of any business associated with the services provided by QkweQkwe. This Agreement shall be binding upon the permitted assigns or transferees of each party.