Terms of Service

Effective: April 22, 2021

Welcome to BullishArt! BullishArt is an online NFT art gallery that curates the works of talented contemporary artists around the world. BullishArt platform aims to help collectors and artists on the blockchain and guide them on how to best use this technology. 

  1. Accepting BullishArt Terms

These Terms of Service are entered into by and between you and BullishArt, (“BullishArt,” “we,” or “us”, “our”). The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of BullishArt, including any content, functionality, and services offered on or through https://atomic-temporary-188871189.wpcomstaging.com (the “Site”).

BullishArt is a platform with administrative functionalities. BullishArt facilitates transactions between the buyer and the seller but it is not a party to any agreement between the buyer and seller of crypto assets (“NFT”, “BART) or between any users.

By using our services and/or purchasing crypto assets, 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 crypto assets.

BullishArt reserves the right to change or modify this Agreement at any time and in our sole discretion. 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.

  • Privacy Policy

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

  • Communication Preferences

If you wish to sell/buy crypto assets, you will need to fill in and submit a form with your data on the Site. By doing this, you agree to (a) provide accurate, current and complete information about yourself, (b) maintain and promptly update from time to time as necessary your information, and accept all risks of incorrect information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site.

BullishArt 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.

By submitting the form, you also consent to receive electronic communications from BullishArt (e.g., via email or by posting notices to the Site). These communications may include notices about your 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 emailing us.

You must provide all equipment and software necessary to connect to the Site and services, including but not limited to, a mobile device that is suitable to connect with and use Site and services, in cases where the Site offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Site or services.

  • Ownership

Unless otherwise indicated in writing by us, content and other materials contained therein, including, without limitation, the BullishArt logo and all designs, text, graphics, pictures, information, data, software, sound files, and other files are the proprietary property of BullishArt or our affiliates, licensors or users, as applicable.

Notwithstanding anything to the contrary in this Agreement, the Site may include software components provided by BullishArt 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 BullishArt logo and any BullishArt product or service names, logos or slogans that may appear on the Site or Service are trademarks of BullishArt 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 “BullishArt” or any other name, trademark or product or service name of BullishArt 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 BullishArt 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 BullishArt 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 BullishArt.

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

  • License to Access and Use Our Site and Content; License to Crypto Assets

You are hereby granted a limited, nonexclusive, nontransferable, revocable, 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 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.

BullishArt does not claim ownership of your user materials or your crypto assets. By sending, receiving, or otherwise making available any user materials and your crypto assets on, in or through the Site, you grant to BullishArt a non-exclusive, royalty-free, license to such user materials to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise distribute such user materials solely for the purpose of providing and/or promoting the Site and, featuring your user materials and your crypto assets within our Site and promoting it through our marketing ecosystem. To the extent applicable and permissible by law, you hereby waive any and all claims that you may now or hereafter have in any jurisdiction to so-called “moral rights” or right of “droit moral” with respect to any of your user materials. You may request to remove your user materials in accordance with our Privacy Policy.

We have the right to remove or refuse to post any user materials (a) for any or no reason in our sole discretion; (b) take any action with respect to any user materials that we deem necessary or appropriate in our sole discretion, including if we believe that such user materials 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 BullishArt; (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; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; (e) 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. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. You waive and hold harmless BullishArt 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.

  • 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. You agree that you will abide by this Agreement and will not:

  1. Use the crypto assets in any way that is contrary to your grant of rights in the crypto asset;
  2. Provide false or misleading information to BullishArt;
  3. 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;
  4. 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;
  5. 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;
  6. 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;
  7. Use data collected from our Site to contact individuals, companies, or other persons or entities;
  8. Use data collected from our Site for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
  9. Bypass or ignore instructions that control all automated access to the Site; or
  10. Use the Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement.
  11. 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 Site.
  • Disclaimers

Except as expressly provided to the contrary in a writing by BullishArt, the Site, content contained therein, and crypto assets listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. BullishArt 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. Bullishart 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. BullishArt 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 BullishArt attempts to make your access to and use of the site and content safe, Bullishart cannot and does not represent or warrant that the site, content, any crypto assets 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 crypto assets of including but not limited to any losses, damages or claims arising from: (a) incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access to applications; (e) any unauthorized third party activities, including without limitation the use of viruses, phishing, bruteforcing or other means of attack against the site or crypto assets.

BullishArt is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet), blockchains or any other features of the crypto assets. BullishArt is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting crypto assets including forks, technical node issues or any other issues having fund losses as a result.

Nothing in this agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

  • Payment/Purchasing

Regarding our marketplace where you can pay with Paypal and other forms of payment, BullishArt doesn’t sell the token but the service to get help the collector receiving the NFT. The seller of the NFT is the artist. BullishArt is only an intermediary. The price on the marketplace is to be considered as a service and not as a selling token (in order to complete the transaction, we guide the user throughout the steps to obtain the digital wallet and to prepare the buyer safely until he/she is ready to receive the token).

  • 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) at any time and without liability therefor.