Terms of service

Acceptance of Terms

By accessing or using the Platform you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, do not use the Platform.


Definitions

  • NFT: a non‑fungible token compliant with ERC‑721/1155 or similar standard representing ownership of a unique digital asset recorded on blockchain.
  • Content: artwork, metadata, files and other materials associated with an NFT.


Eligibility

You must be at least 18 years old and have capacity to enter into a binding contract. You must not be located in, or a citizen or resident of, any sanctioned jurisdiction.


Account and Wallets

You may browse without an account, but certain features require connecting a compatible blockchain wallet. You are solely responsible for safeguarding your private keys and seed phrases. We do not hold custody of NFTs or cryptocurrencies.


Listing and Sale of NFTs

Creators may mint NFTs via smart contracts provided on the Platform and list them for sale. By minting or listing you warrant that:

  • You have all necessary rights to the underlying Content.
  • The Content is original or licensed, and does not infringe third‑party rights.
  • The NFT is not misdescribed or misleading.

We reserve the right to remove any listing violating these Terms.


License to Buyers

Unless otherwise specified by the creator, purchasing an NFT grants the buyer a worldwide, non‑exclusive license to display the associated Content for personal, non‑commercial use. All intellectual‑property rights remain with the creator.


Fees and Payments

We charge marketplace fees as disclosed at the time of transaction. Gas fees are payable by you. All transactions are irreversible once confirmed on the blockchain.


Secondary Sales and Royalties

Smart contracts may enforce royalties to creators on secondary sales. You agree to pay such royalties. We are not liable for failures of external marketplaces to honour royalties.


Taxes

You are responsible for determining and paying all taxes associated with your activities on the Platform.


Prohibited Activities

You shall not:

  • Use the Platform for money‑laundering, terrorist‑financing or illicit behaviour.
  • Upload or link to hate speech, obscene or otherwise illegal Content.
  • Attempt to interfere with smart contracts, servers or networks.
  • Engage in wash trading, price manipulation or misleading practices.


Intellectual Property of the Platform

All software, design, trademarks and content on the Platform (other than user‑submitted content) are owned by us or our licensors and are protected by law.


Disclaimer of Warranties

The Platform and NFTs are provided "as is" and "as available" without warranties of any kind. Blockchain transactions carry inherent risks including volatility, regulatory uncertainty and technological failure.


Limitation of Liability

To the maximum extent permitted by law, in no event shall we be liable for indirect, incidental or consequential damages, loss of profits, data or goodwill arising out of or related to these Terms or the use of the Platform. Our aggregate liability shall not exceed the greater of (a) €100 or (b) the total fees paid by you to us in the preceding 12 months.


Indemnification

You agree to indemnify and hold harmless Pandestic Gallery, its directors, employees and affiliates from any claim arising out of your breach of these Terms, violation of law, or infringement of rights of any third party.


Suspension and Termination

We may suspend or terminate your access to the Platform at any time if you breach these Terms or for any other reason at our discretion.


Governing Law and Jurisdiction

These Terms are governed by the laws of the Czech Republic, without regard to conflict‑of‑law principles. You agree to submit to the exclusive jurisdiction of the courts of Prague, Czech Republic.


Dispute Resolution

Before filing a claim, you agree to contact us to attempt informal resolution. If unresolved, disputes shall be settled by binding arbitration under the Rules of the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic. You waive any right to participate in class actions.


Changes to Terms

We may amend these Terms at any time by posting the revised version on the Platform. Continued use after changes constitutes acceptance.

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Severability

If any provision is held invalid, the remaining provisions will continue in full force.

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Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the Platform.