By accessing our website and utilizing Galaxart.io, you confirm your understanding and agreement with these Terms. These Terms constitute a legal agreement between you and Galaxart, governing your access and usage of the Galaxart.io, including any content, functionality, and services offered on or through Galaxart.io/NFT (the "Site"). Galaxart reserves the right to change or modify these terms at any time, at our sole discretion. You agree that accessing or using the Galaxart.io and the Site following any changes to these Terms implies your acceptance of the revised Terms.

a.    "Non-fungible token" or "NFT" refers to unique digital tokens that represent ownership of distinct items, typically secured by blockchain technology. NFTs are used to represent ownership of assets like art, collectibles, and real estate, among other items. NFTs are indivisible and have one official owner at a time.

b.    "Fungible items" are interchangeable assets, such as cryptocurrencies or fiat currencies.

c.    "Applicable Law" refers to any applicable legal framework, irrespective of jurisdiction, governing persons, property, transactions, activities, events, or matters related to Galaxart.

d.    "Sale Item" encompasses a wide array of items such as art, audio files, collectibles, memorabilia, and game assets.

e.    "we/us/our" pertains to Galaxart.

f.    "you/your" denotes the user of Galaxart.io.

g.    "Platform": The term "Platform" refers to the Galaxart.io website and any associated services, features, and functionalities provided by Galaxart.

h.    "Account": An "Account" refers to the user profile created by individuals on Galaxart.io, which is used to access and utilize the services and features offered by the platform.

i.    "Content": "Content" encompasses all information, data, text, images, graphics, audio, video, and any other materials made available on Galaxart.io, whether provided by Galaxart or users.

j.    "Auction": An "Auction" refers to the process on Galaxart.io where users can bid on NFTs listed by other users, with the NFT going to the highest bidder upon auction completion.

k.    "Galaxart Group": The "Galaxart Group" includes Galaxart and its affiliated entities, subsidiaries, and partners that are involved in the operation, development, or promotion of Galaxart.io and related services.

l.    "Membership NFT": A "Membership NFT" is a non-fungible token issued by Galaxart that grants specific privileges and access to certain features or benefits on Galaxart.io, as outlined in the terms associated with the Membership NFT.

m.    "Founding Member NFT": A "Founding Member NFT" is a non-fungible token issued by Galaxart, often associated with unique privileges, ownership rights, or rewards, as specified in the terms related to the Founding Member NFT.

n.    "User Content": "User Content" includes any content, information, or data uploaded, posted, or shared by users on Galaxart.io, including NFT listings, descriptions, and comments.

o.    "Affiliates": "Affiliates" refer to entities, organizations, or individuals related to Galaxart through ownership, partnership, or other forms of association.

a.    You are at least 18 years old.

b.    You possess the full right, power, and authority to accept these Terms.

c.    You are not subject to financial sanctions, embargoes, or other restrictive measures by international bodies, governmental authorities, or regulatory bodies, irrespective of jurisdiction, where Galaxart.io is accessible.

d.    You are not a citizen or resident of certain restricted countries.

e.    You are not impersonating another person.

f.    Your usage of Galaxart.io complies with all Applicable Laws in your country.

g.    You are compliant with all Applicable Laws that apply to you.

h.    You have read, understood, and agreed to our Privacy Notice and Cookie Policy.

4.    Galaxart.io Account

To use Galaxart.io, you may need to create an account ("Account"). During the account creation process, we may request certain information from you. At our discretion, we may require further information and documents at any point during your usage of Galaxart.io. We reserve the right to refuse, decline, suspend, or disable your access or use of Galaxart.io.

5.    Changes to Galaxart.io

We retain the right to change, update, amend, remove, or discontinue any part of the Site, services, or content at our sole discretion, without prior notice to you.

6.    Fees

By buying and selling NFTs on Galaxart.io, including via the Auction process, you agree to pay all applicable fees, as specified in the FAQ and on the checkout screen during your purchase. You authorize Galaxart.io to automatically deduct fees from payments to you and/or add fees to your payments to Galaxart.io as applicable.

a.    Use Galaxart.io, the Site, or your Account for unsolicited or unauthorized advertising, spam, or distribution of marketing material.

b.    Use Galaxart.io, the Site, or your Account for unlawful activities that contravene Applicable Laws, including but not limited to money laundering,

terrorism financing, or fraudulent activities.

c.    Use Galaxart.io, the Site, or your Account to engage in activities aimed at defrauding Galaxart.io, other users, or any other person or provide false, inaccurate, or misleading information.

d.    Upload content containing viruses, malicious code, or any harmful program.

e.    Modify or adapt the Site, incorporate it into other programs or applications, or attempt to derive the source code.

f.    Disassemble, decompile, reverse-engineer, or attempt to access the source code or underlying concepts of the Site.

g.    Infringe upon our, our Affiliates', or any third party's intellectual property rights.

h.    Use Galaxart.io, the Site, or your Account in a manner that could damage or impair the Site, interfere with other users, or affect the reputation of Galaxart.io.

i.    Attempt to gain unauthorized access to the accounts or wallets of other users.

j.    Take actions that overload the Galaxart.io infrastructure, compromise its performance, or disrupt any activities associated with the Site.

k.    Violate any of these Terms, our Privacy Notice, or any other policy or guidelines made available by Galaxart.io.

l.    Act in any way that might damage or impair Galaxart.io, impair its performance, or affect its reputation.

8.    Risk Disclosure

Crypto tokens, including NFTs, can be highly volatile and are not subject to the same protections as traditional assets. The value of NFTs can fluctuate drastically and may result in a loss of your initial investment. You are responsible for undertaking your financial assessment and understanding the risks associated with trading and holding NFTs. Galaxart.io does not provide financial or investment advice. You should only invest money that you can afford to lose.

9.    Confidentiality and Privacy Policy

a.    Personal Information: We may collect personal information you provide directly, such as your name, email address, and other contact information, during the registration process or when you contact us.

b.    User Content: When you create and share content on Galaxart.io, we collect and store that content, including NFT listings, descriptions, and images.

c.    Transaction Data: We collect information related to your transactions on Galaxart.io, including details of NFTs you buy or sell.

d.    Device Information: We may collect information about the device you use to access Galaxart.io, such as your IP address, browser type, and operating system.

e.    Usage Data: We collect data on how you interact with Galaxart.io, such as pages visited, features used, and time spent on the platform.

How We Use Your Information

a.    Providing Services: We use your information to provide, personalize, and improve our services, including facilitating the creation, display, purchase, and sale of NFTs.

b.    Communications: We use your email address to send you important information about your account, transactions, and updates to our platform.

c.    Marketing: With your consent, we may use your information for marketing purposes, such as sending promotional emails and newsletters. You can opt out of these communications at any time.

d.    Legal Compliance: We may use your information to comply with applicable laws and regulations, such as anti-money laundering and fraud prevention.

Data Sharing and Disclosure

a.    Public Information: Certain information you provide, such as your username and user-generated content, may be publicly accessible on Galaxart.io. Please be mindful of the information you choose to share.

b.    Service Providers: We may share your information with service providers and partners who assist us in operating our platform, such as payment processors and marketing partners.

c.    Legal Obligations: We may disclose your information to comply with legal obligations, protect our rights, privacy, safety, or property, and enforce our Terms of Service.

d.    User Requests: We may share your information at your request, for example, if you choose to connect your Galaxart.io account with a third-party service.

Data Security

We take data security seriously and implement industry-standard measures to protect your information. However, no method of transmission or storage is completely secure, and we cannot guarantee the security of your data.

Your Choices

a.    Account Information: You can access, correct, or delete your account information at any time. You may also deactivate your account, but certain information may be retained in our archives.

b.    Marketing Communications: You can opt out of receiving marketing communications by following the instructions provided in the communication.

Third-Party Links

Galaxart.io may contain links to third-party websites or services. We are not responsible for the privacy practices or content of these third parties. We encourage you to review their privacy policies.

Children's Privacy

Galaxart.io is not intended for use by children under the age of 18. We do not knowingly collect personal information from individuals under 18.

Changes to This Privacy Policy

We may update this Privacy Policy as necessary to reflect changes in our data practices and legal requirements. We will notify you of any material changes through our platform.

10.    Disclaimers

a.    No Investment Advice: Galaxart.io does not provide investment, financial, legal, or tax advice. Content and information provided on the platform are for informational purposes only. You should consult with qualified professionals before making any investment decisions.

b.    Risk Disclosure: The trading of NFTs and cryptocurrencies involves significant risks. Prices and values can be highly volatile and may result in financial loss. You should only invest what you can afford to lose.

c.    No Endorsement: Any mention of third-party products, services, or websites on Galaxart.io does not constitute an endorsement or recommendation. Galaxart is not responsible for the content or practices of third-party websites.

11.     Intellectual Property Rights

The Galaxart brand, including logos, and other Galaxart-related trademarks, service marks, graphics, and logos, are trademarks or registered trademarks of Galaxart. Other trademarks, service marks, graphics, and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site does not grant you any right or license to reproduce or use Galaxart or third-party trademarks.

a.    A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

Identification of the copyrighted work claimed to have been infringed.

b.    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.

c.    Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.

d.    A statement that you 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.

e.    A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please note that any misrepresentation in your DMCA notice regarding copyright infringement may result in legal consequences. Additionally, once we receive a valid DMCA notice, we will take appropriate action, which may include removing or disabling access to the allegedly infringing content.

13.    Limitation of Liability

To the fullest extent permitted by law, in no event will Galaxart be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms, the Site, Products, or third-party sites and Products. You agree that your access to, and use of the Site, Products, or third-party sites and Products, are at your discretion and risk. Notwithstanding anything to the contrary, the maximum aggregate liability of Galaxart arising out of or related to these Terms or the use of the Site shall not exceed US$100.

14.    Force Majeure

Galaxart shall not be liable for any failure to perform its obligations under these Terms if such failure is caused by events beyond its reasonable control, including but not limited to natural disasters, strikes, governmental actions, war, or any other force majeure event. Galaxart will make reasonable efforts to mitigate the effects of such events.

15.    Termination

Galaxart reserves the right to terminate or suspend your access to Galaxart.io at its sole discretion, without notice or liability, for any reason, including but not limited to a breach of these Terms. In the event of termination, these Terms will continue to apply concerning your prior use of the Site and any ongoing or pending transactions.

16.    Indemnification

You agree to indemnify, defend, and hold harmless Galaxart and its employees, officers, directors, contractors, equity holders, suppliers, vendors, and agents from any third-party claims, damages, awards, losses, and liabilities arising from

    a.    your use or misuse of the Site, Content, or NFTs;

    b.    your breach of these Terms; and

    c.    your violation of the rights of a third party.

You will promptly notify Galaxart of any third-party claims and cooperate in their defense. This indemnity is in addition to any other indemnities established in a written agreement between you and Galaxart.

17.     Amendment and Variation

These Terms may be updated or amended periodically. Any updates will be posted on the Site and take effect immediately unless otherwise indicated. By continuing to use the Galaxart and/or the Site after any changes take effect, you accept the updated or amended Terms. If you do not wish to be bound by any changes or amendments to these Terms, you should cease using the Galaxart and Site immediately.

18.    Transfer, Assignment, or Delegation

These Terms, and any rights, obligations, and licenses granted, are personal and may not be transferred, assigned, or delegated by you to any third party without our written consent. We reserve the right to transfer, assign, or delegate these Terms without notice and restriction, including, but not limited to, any entity within the Galaxart group. Any attempted transfer or assignment in violation of these Terms shall be null and void.

19.    Severability

If any provision of these Terms is found to be invalid or unenforceable, it will not affect the other provisions of these Terms. All provisions not affected by such invalidity or unenforceability will remain in full force and effect. Such a provision will be changed and interpreted to achieve its objectives to the greatest extent possible under Applicable Laws.

20.    Entire Agreement

These Terms constitute the entire agreement between the parties regarding its subject matter and invalidate all other prior representations, arrangements, understandings, and agreements relating to the same subject matter. Each party acknowledges that it does not rely on any statement, representation, warranty, or understanding other than those expressly set out in these Terms. These Terms are concluded in the English language, and all communications, including notices or information, will be transmitted in English. In the event that these Terms or any part of it is translated into any other language, the English language text of these Terms shall prevail.

21.    Waiver

These Terms shall not be waived in whole or in part except where agreed by the parties in writing. The delay of enforcement or the non-enforcement of any of the terms of these Terms by any party shall not be construed as a waiver of any of the other rights of that party arising out of the breach or any subsequent breach of any of these Terms. No right, power, or remedy conferred upon or reserved for any party in these Terms is exclusive of any other right, power, or remedy available to that party.

22.    Notices and Communications

By using Galaxart.io, you agree that we may provide you with notices or other communications, including marketing, electronically via email, SMS message, or telephone call, or by posting on the Site. You will always be given the option to unsubscribe from receiving any marketing material from us. Notices to us should be sent electronically to legal@galaxart.io.

23.    Survival

The following clauses shall survive termination of these Terms: Sections 9 (Intellectual Property Rights), 10 (Limitation of Liability), 11 (Indemnification), 12 (Amendment and Variation), 14 (Severability), and any other provision that, by its nature, should survive termination.

24.    Language of the Agreement

The language of these Terms and all related communications, including notices, is English. In the event of any discrepancies between the English version and any translation, the English version shall prevail.

25.    No Legal Advice

Nothing in these Terms or on the Galaxart.io platform constitutes legal, financial, or investment advice. You should not rely on the information provided on the platform as a substitute for professional advice. Consult with legal or financial professionals for specific advice related to your circumstances.

26.    Independent Parties

The parties agree that they are independent of each other and that nothing in these Terms shall be construed to create a partnership, joint venture, or agency relationship between them. Each party shall be solely responsible for its own actions and obligations.

27.    No Waiver of Rights

The failure of Galaxart to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision, and no waiver by Galaxart of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach or default.

28.    Third Party Rights

Other than the entities within the Galaxart group, a person who is not a party to these Terms has no right to enforce any of these Terms.

29.    Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms, the parties shall make reasonable efforts to resolve the dispute through good faith negotiations. If a resolution cannot be reached within a reasonable timeframe, the parties agree to submit the dispute to binding arbitration.

30.    Governing Law and Jurisdiction

These Terms are governed by and shall be construed in accordance with the laws of Mexico without regard to any choice or conflict of laws rules. Any dispute arising out of or in connection with these Terms or any other issue that arises from these Terms shall be referred to and finally settled by arbitration administered by the Mexican court under the Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Mexico law. The seat of arbitration shall be in Mexico, and the arbitration proceedings shall be conducted in the Spanish language.

31.    Corporate Structure

Operations are based in Mexico, with a corporate structure under development.

Powering Next-Gen Art

©Galaxart Foundation 2024

Contact us info@galaxart.io