Terms of Service
FUMIGENE Ltd is a limited company registered to Companies House London, United Kingdom under number 133 833 85, represented by its CEO, Miss Amel Alem. FUMIGENE is an international art agency that aims to promote all forms of visual art, notably through innovative experiences and a NFT Marketplace using Polygon Matic Network.
FUMIGENE Ltd ("FUMIGENE" "we," "us," "our") provides its marketplace and services (described below) to you ("you" or "User") through its website, platform, and marketplace located at https://fumigene.agency (the "Platform"), subject to the following Terms of Service (as amended from time to time, the "Terms").
PLEASE READ THESE TERMS OF PLATFORM CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FOUNDATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Platform user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Platform will be effective immediately. Your continued use of the Platform and after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
WHAT IS FUMIGENE ?
FUMIGENE is an international art agency providing a platform for designers ("Designers") and collectors ("Collectors") to sell, purchase, list on fixed price (each a "Transaction") digital artworks represented on a non-fungible-tokens ("NFT") ERC-721 based on Polygon (Matic network).
The NFT on FUMIGENE is represented on smart contracts on the Polygon blockchain that provides an immutable ledger of all transactions that occur on Fumigene ("Smart Contracts" using ERC-721 tokens). This means that all NFT is outside of the control of any one party, including FUMIGENE, and is subject too many risks and uncertainties. We neither own nor control the Polygon & Ethereum network, Metamask, Biconomy, Hyphen your browser, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties. The User understands that your Polygon & Ethereum public address will be made publicly visible whenever you engage in a transaction on the Platform.
While FUMIGENE offers a marketplace for NFT, it does not buy, sell, or ever take custody or possession of any NFT. The Platform facilitates User collection of NFT, but neither FUMIGENE nor the Platform are custodians of any NFT. The User understands and acknowledges that the Smart Contracts do not give FUMIGENE custody, possession, or control of any NFT or cryptocurrency at any time for the purpose of facilitating transactions on the Platform. You affirm that you are aware and acknowledge that FUMIGENE is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by FUMIGENE or any third-party. As a marketplace, FUMIGENE cannot make any representation or guarantee that DESIGNERS will achieve any particular outcome as the result of listing their NFT on FUMIGENE.
HOW DO I USE FUMIGENE ?
Your Registration Obligations:
Anyone can browse FUMIGENE in order to access and use certain features on the Platform, such as participating as a DESIGNER or COLLECTOR.
You must be at least 13 years old to register for an account as an DESIGNER, and at least 18 years old to buy any NFT. If you are between 13 and 18 years old, you must have the expressed permission of a parent or legal guardian who can accept these Terms on your behalf. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account.
Member Account, Password, and Security:
You are responsible for maintaining the confidentiality of your account and password, if any, and are fully responsible for any and all activities that occur under your password or account.
You agree to (a) immediately notify FUMIGENE of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing FUMIGENE.
FUMIGENE will not be liable for any loss or damage arising from your failure to comply with this Section.
Connecting your Wallet:
In order to participate as an DESIGNER or COLLECTOR in the marketplace, you must connect to MetaMask. This is an electronic wallet which allow you to purchase, store and engage in transactions using Matic tokens.
MODIFICATIONS TO THE PLATFORM
FUMIGENE reserves the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice.
You agree that FUMIGENE will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform.
WHAT ARE THE RULES FOR USING FUMIGENE ?
When using FUMIGENE, no User is NFT in any way, including buying your own items or using FUMIGENE to conceal economic activity, email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Fumigene, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose Fumigene or its users to any harm or liability of any type; interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform ; or violate any applicable local, state, national or international law, or any regulations having the force of law; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; solicit personal information from anyone under the age of 18; harvest or collect email addresses or other contact information of other Users from the Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism; obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform; use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its Users for any unauthorized purpose; create user accounts by automated means or under false or fraudulent pretenses;access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services.
HOW CAN I SHOW MY ART ?
WHAT ARE THE INTELLECTUAL PROPERTY RIGHTS ON THE PLATFORM ?
The DESIGNER owns all legal rights, title, and interest in all intellectual property rights underlying the NFT minted by the DESIGNER on the Platform, including but not limited to copyrights and trademarks.
As the copyright owner, the DESIGNER has the right to reproduce, prepare derivative NFT, distribute, and display or perform the NFT.
DESIGNERS hereby acknowledges, understands, and agrees that selling a NFT on FUMIGENE constitutes an express representation, warranty, and covenant that the DESIGNER has not, will not, and will not cause another to sell, tokenize, or create another cryptographic token representing a digital collectible for the same NFT, excepting, without limitation, the ARTIST's ability to sell, tokenize, or create a cryptographic token or other digital asset representing a legal, economic, or other interest relating to any of the exclusive rights belonging to the DESIGNER under copyright law.
The Creator hereby acknowledges, understands, and agrees that launching a NFT on FUMIGENE constitutes an express and affirmative grant to FUMIGENE, its affiliates and successors a non-exclusive, world-wide, assignable, sub-licensable, perpetual, and royalty-free license to make copies of, display, perform, reproduce, and distribute the NFT on any media whether now known or later discovered for the broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Platform, or any other purpose related to FUMIGENE, including without limitation, the express right to: (i) display or perform the NFT on the Platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials, or to the public; (ii) create and distribute digital or physical derivative NFT based on the NFT; (iii) indexing the NFT in electronic databases, indexes, catalogues; and (iv) hosting, storing, distributing, and reproducing one or more copies of the NFT within a distributed file keeping system, node cluster, or other database or causing, directing, or soliciting others to do so.
DESIGNERS expressly represent and warrant that their NFT listed on FUMIGENE contains only original content otherwise authorized for use by the ARTIST, and does not contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the ARTIST, not authorized for use by the ARTIST, not in the public domain, or otherwise without a valid claim of fair use, the DESIGNER further represents and warrants that it has permission to incorporate the unoriginal content.
COLLECTORS receive a cryptographic token representing the ARTIST's NFT as a piece of property, but do not own the creative work itself. Collectors may display and share the NFT, but Collectors do not have any legal ownership, right, or title to any copyrights, trademarks, or other intellectual property rights to the NFT, excepting the limited license to the NFT granted by these Terms.
Upon collecting a NFT, Collectors receive a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to display the NFT legally owned and properly obtained by the Collector.
The Collector's limited license to display the NFT, includes, but is not limited to, the right to display the NFT privately or publicly: (i) for the purpose of promoting or sharing the Collector's purchase, ownership, or interest, (ii) for the purpose of sharing, promoting, discussing, or commenting on the NFT; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the NFT; and (iv) within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments.
Collectors have the right to sell, trade, or use their NFT, but Collectors may not make "commercial use" of the NFT.
The Collector agrees that it may not, nor permit any third party, to do or attempt to do any of the foregoing without the Creator's express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Work which would be prejudicial to the Creator's honor or reputation; (ii) use the NFT to advertise, market, or sell any third party product or service; (iii) use the NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the NFT in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for your Collector's personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the NFT; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the NFT; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same NFT, whether on or off of the FUMIGENE Platform; (viii) falsify, misrepresent, or conceal the authorship of the Digital Artwork; or (ix) otherwise utilize the NFT for the ARTIST's or any third party's commercial benefit.
Collectors irrevocably release, acquit, and forever discharge FUMIGENE and its subsidiaries, affiliates, officers, and successors of any liability NFT in accordance with these Terms.
PLATFORM CONTENT, SOFTWARE & TRADEMARKS
You acknowledge and agree that the Platform may contain content or features ("Platform Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.
Except as expressly authorized by FUMIGENE, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Platform Content, in whole or in part.
In connection with your use of the Platform you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
If you are blocked by FUMIGENE from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited.
The technology and software underlying the Platform or distributed in connection therewith are the property of FUMIGENE, our affiliates and our partners (the "Software").
You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
Any rights not expressly granted herein are reserved by FUMIGENE.
The FUMIGENE name and logos are trademarks and service marks of FUMIGENE Ltd (collectively the "FUMIGENE Trademarks"). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to FUMIGENE. Nothing in this Terms of Service or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of FUMIGENE Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of FUMIGENE Trademarks will insure to our exclusive benefit.
THIRD PARTY MATERIAL
Under no circumstances will FUMIGENE be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content.
You acknowledge that FUMIGENE does not pre-screen content, but that FUMIGENE and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platform.
Without limiting the foregoing, FUMIGENE and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Platform, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content and the purchase of any NFT, including any reliance on the accuracy, completeness, or usefulness of such content.
USER CONTENT TRANSMITTED THROUGH THE PLATFORM
With respect to the content, NFT, or other materials you upload through the Platform or share with other users or recipients (collectively, "User Content"), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant FUMIGENE and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Platform or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed.
Any questions, comments, suggestions, ideas, feedback or other information about the Platform ("Submissions"), provided by you to FUMIGENE are non-confidential and FUMIGENE will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
FUMIGENE may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of FUMIGENE, its users and the public.
You understand that the technical processing and transmission of the Platform, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
WHAT DOES FUMIGENE CHARGE ?
Fixed price Fees.
The Fees for an initial sale of NFT on FUMIGENE is as follows:
DESIGNERS receive 85% of the total sale price of an Initial Sale.
FUMIGENE collects 15% of the total sale price of an Initial Sale.
FUMIGENE collects 5% transaction on the buyer side.
You agree and understand that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the smart contracts on the Ethereum blockchain & Polygon network.
The Fees for a secondary fixed price sale of NFT on FUMIGENE is as follows:
Seller receives 75% of the total sale price of a Secondary Sale.
Original Creator receives 10% of the total sale price of a Secondary Sale.
FUMIGENE collects 15% of the total sale price of a Secondary Sale.
FUMIGENE collects 5% transaction on the buyer side.
All gas & transaction fees are free for our designers. You agree and understand that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the smart contracts on the Ethereum blockchain & Polygon network.
FUMIGENE does not generally collect any fees, commissions, or royalties for transactions occurring outside of FUMIGENE. Users irrevocably releases, acquits, and forever discharges FUMIGENE and its subsidiaries, affiliates, officers, and successors of any liability for royalties, fines, or fees not received from any off-market transaction.
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 FUMIGENE (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any artworks).