MBROS Gmbh - Remoi.art (Second edition - Revisited on January 30, 2025) first released in Bern, 01 May 2024
1. Introduction
1.1 These terms and conditions (hereinafter referred to as the "Terms") govern your access to and use of the Remoi NFT marketplace (hereinafter referred to as the "Platform") provided by MBROS Gmbh, Moosrainweg 19 - 3053 - Münchenbuchsee, Bern - Switzerland - CH-035.4.016.056- located at www.remoi.art. By accessing or using the Platform, you agree to be bound by these Terms.
1.2 The Platform serves as an official showcase for Remoi’s artwork, presenting the entire project, ongoing developments, and future steps. It acts as the official voice of the artist, providing insights into his creative journey and vision. These Terms apply to all users of the Platform who engage with its content and updates.
2. Eligibility
2.1 By using the Platform, you acknowledge that all content presented is for informational and artistic purposes only. If you are accessing the Platform on behalf of a company or organization, you confirm that you have the authority to do so.
2.2 Certain features of the Platform may be restricted based on geographic location or legal requirements. It is your responsibility to ensure that your use of the Platform complies with all applicable laws and regulations.
3. Use of the Platform
3.1 The Platform serves as an official presentation space for Remoi’s artwork, projects, and future initiatives. It provides insights into the artist’s creative journey and vision but does not facilitate direct sales or transactions.
3.2 The content on the Platform is for informational and artistic purposes only. Any references to NFTs or other projects are intended to showcase Remoi’s work and do not constitute an offer for sale. Users interested in acquiring NFTs should refer to external marketplaces such as OpenSea.
3.3 Users may not use the Platform for any unlawful or unauthorized purposes, including but not limited to misrepresenting the artist’s work, spreading false information, or attempting to exploit the content for fraudulent activities. Remoi reserves the right to take appropriate action against any misuse of the Platform.
4. Intellectual Property Rights
4.1 All content and materials available on the Platform, including but not limited to text, graphics, logos, images, and digital artworks, are the exclusive property of Remoi or its licensors and are protected by copyright, trademark, and other intellectual property laws. Unauthorized use, reproduction, or distribution of any content without prior written consent from Remoi is strictly prohibited.
4.2 The Platform serves as a presentation space for Remoi’s artistic projects, including NFTs minted and sold on third-party marketplaces. Any references to NFTs on the Platform are for informational purposes only and do not grant users any rights to the underlying artworks or intellectual property. Ownership and rights associated with NFTs remain subject to the terms of the external marketplaces where they are traded.
4.3 Users may not use any trademarks, logos, or other proprietary information of Remoi without explicit prior written consent. Any unauthorized use may result in legal action.
5. Disclaimer of Warranties
5.1 The Platform is provided "as is" and "as available" for informational and artistic purposes only, without any warranties of any kind, express or implied. Remoi disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.2 While Remoi strives to present accurate and up-to-date information about the artist’s work and projects, no guarantees are made regarding the accuracy, reliability, completeness, or timeliness of the content. The Platform does not facilitate transactions, and any references to NFTs are for artistic presentation only. Users should conduct their own research before engaging with third-party marketplaces. Use of the Platform is at your own risk.
6. Limitation of Liability
6.1 To the fullest extent permitted by applicable law, Remoi shall not be liable for any indirect, incidental, consequential, special, or exemplary damages arising from or in connection with your use of the Platform, including but not limited to reliance on the information presented, third-party marketplace transactions, or external links provided on the Platform.
6.2 The Platform does not facilitate direct sales or transactions of NFTs. Any purchases or trades of NFTs occur on third-party marketplaces such as OpenSea, which operate independently of Remoi. As such, Remoi assumes no liability for any issues related to NFT transactions, including but not limited to pricing, availability, authenticity, or security.
6.3 In no event shall Remoi’s total liability to you for all claims arising out of or related to your use of the Platform exceed the amount, if any, paid directly to Remoi for accessing exclusive content or services on the Platform
7. Indemnification
7.1 You agree to indemnify, defend, and hold harmless Remoi and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your use of the Platform or your violation of these Terms.
8. Governing Law and Jurisdiction
10.1 These Terms and any disputes arising out of or in connection with these Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. 10.2 Any dispute, controversy, or claim arising out of, or in relation to these Terms or the breach, termination, or invalidity thereof shall be settled by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution in force on the date of commencement of the arbitration.
9. Miscellaneous
9.1 These Terms constitute the entire agreement between you and Remoi regarding your use of the Platform and supersede all prior or contemporaneous agreements, representations, warranties, and understandings between you and Remoi.
9.2 If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall nevertheless be valid, legal, and enforceable to the fullest extent permitted by law.
9.3 Remoi's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
9.4 These Terms may be amended or updated by Remoi from time to time without notice. The most current version of these Terms will be posted on the Platform, and your continued use of the Platform after any changes to these Terms will constitute your acceptance of such changes.
Risks inherent in NFTs
NFTs are highly volatile assets. Their value depends on many factors. Their value is not guaranteed and can become zero. By purchasing NFTs, the user exposes itself to the risk of partial or total loss of the consideration paid for the respective NFT.
In addition, the resale or transfer of NFTs, in particular via third party marketplaces, is not guaranteed. Such resales or transfers may be subject to transaction fees (including gas fees) which vary in amount. This amount may be significant and may limit or prevent the resale or transfer of NFTs.
All transactions on NFTs are conducted through distributed ledger technology (DLT), which is an emerging technology that may involve risks such as, but not limited to, the
(a) any malfunction, vulnerability, unintended function or unexpected operation of the network may cause the user's NFTs to malfunction or operate unexpectedly or in an unintended way;
(b) the DLT network may be subject to specific weaknesses, which make them possible targets for specific cyber security threats;
(c) loss or theft of the means of access, in particular the private key to the user's digital wallet, or misuse of the digital wallet, may result in the loss of access to the user's NFTs and any function(s) related thereto;
(d) bugs or vulnerabilities in the NFTs, associated smart contracts or in their operation may result in the loss of access to the user's NFTs and any function(s) related thereto.
Any of the above may result in the NFTs becoming worthless or may temporarily or permanently prevent the user from reselling or transferring them or claiming any function(s) related to them.
These risks are to be borne by the users. Operator shall not be liable for any of these risks and any loss of value of the user's NFT and/or any functions related thereto.
The users shall be solely responsible for the secure storage of their digital wallet private keys. Operator shall not be liable for any damages related to (i) the user's digital wallet and its use or (ii) a resale of NFTs on a third party marketplace.
Risks related to regulatory changes
The regulatory regimes in the areas relating to NFTs, crypto-assets, crypto-currencies and blockchain-based services may be subject to rapid legislative and regulatory change which could impact your use of the NFT Platform and/or NFTs.
Operator shall not be liable for any consequences associated with legislative and regulatory developments applicable to the use of these new technologies.
MBROS Gmbh - Remoi.art
January 30, 2025
