This is a plain-language summary (and not a substitute) for the terms below.
• You own your own work. Period.
• Expressions makes no claim to your work. We do not claim ownership to any of your ideas, creations, artwork, etc.
• Expressions will not distribute your information or your work to any third parties.
• If you choose to upload your works for sale, you give Expressions the right to promote, publicize and sell your work.
• We believe in Web3. We will not track your online activities after you leave our site.
• If there’s a dispute, you agree to first contact us and attempt to resolve the dispute with us informally and amicably.
Updated May 7, 2023
These Terms of Service (“Terms”) govern your access to and use of the Expressions website at expressions.com (the “Site”) and the services (the “Services”) made available by Expressions.
In these Terms, “Expressions” and “we,” “us” or “our” mean the Artists & Creatives Foundation, a nonprofit organization based in Panama City, and Expressions, a new Web3 marketplace, and our Sites and Services. “User” and “you” mean any user of the Site and our Services.
As a condition of your use of this Site or our Services, you also warrant that all Content (as defined below) supplied by you on the Site or via our Services is true, accurate and complete, and if you have an account with the Site (“Expressions Account”), you will safeguard your Expressions Account information and will supervise and be completely responsible for any use of your Account by anyone other than you.
We constantly try to improve our Site and Services, and therefore we may have to change, update or otherwise modify these Terms to appropriately represent our current policies. A notice of changes to these Terms and conditions will appear at the top of this page with the date of the changes. Any revisions will take effect 10 days after the posting. You understand and agree that your continued access or use of the Site after such change signifies your acceptance of the updated or modified Terms.
THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER.
Expressions allows you, Users and other third parties to post or otherwise make available on the Site various materials, including articles, reviews, comments, links, photos, pictures, videos, recordings, and other forms of text, sound or graphics (“Content”). The Content posted or made available by you shall be specifically referred to as the “User Content.”
You retain the rights to your User Content and you are solely responsible for it. All intellectual property rights in and to the User Content are and shall remain your property, and Expressions shall acquire no right of ownership with respect to your User Content.
Notwithstanding the above, you grant Expressions a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, repost, modify, create derivative works, perform, and distribute User Content on the Site (including sites of a successor entity), mobile application(s) and other third party websites or applications for the purposes directly or indirectly connected to operating Site or Services now and in the future, including, among others, providing, improving, promoting, developing, or facilitating Services by us and using the Services by you and other Users.
The Site may contain posts, discussion forums, reviews, comment threads, galleries or other forums in which you or third parties may post Content, including reviews of Services, business partners’ services and personal experiences. If Expressions provides such a platform for User Content, you are solely responsible for your use of such content and you use them at your own risk. In using the Site, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
We may also use the APIs (application programming interfaces) of our affiliated partners on our Site to deliver additional relevant Content to you.
You acknowledge that the Content appearing on the Site is protected by worldwide copyright laws and other applicable laws and regulations. Expressions is either the owner of the Content, including all copyrights and other ownership and intellectual property rights therein, or has been granted the right to use the Content by its owner(s). Content may not be used, copied, reproduced, modified, distributed, posted or transmitted in any manner, other than as specifically provided for herein, without the express prior written permission of Expressions in each instance, except under well-established fair use exceptions to U.S. Code Title 17. You cannot use the Content for your commercial purpose or in connection with the products or services of a competitor of Expressions Any use of the Content by you must be in accordance with all applicable national, foreign or local laws, statutes, rules and regulations.
Expressions is not liable for any statements, representations or Content provided by its users on the Site or on social media. Expressions takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Expressions liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Although we have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we reserve the right, and have absolute discretion, to remove, screen, translate or edit without notice any Content (including User Content) posted or stored on the Site or Services or, to the extent possible on our social media profiles, at any time and for any reason, or to have such actions performed by third parties on our behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site or on our Services at your sole cost and expense.
Any use of the Content in violation of the Terms may result in, among other things, termination or suspension of your rights to use the Site and our Services.
All intellectual property rights in and to the Software, Site and Services and other Expressions IP are and shall remain the sole property of Expressions and its affiliates and licensors, as applicable, and you shall acquire no right of ownership or use with respect to any Software or other Expressions IP except as specified in this Agreement. Without limiting the foregoing, you acknowledge that the Software and the Service and the inventions, know-how and methodology embodied therein are proprietary to, and contain valuable trade secrets of, Expressions and its affiliates and licensors, as applicable, and that the Software and Services constitute Confidential Information of Expressions.
You may from time to time provide Expressions with suggestions, comments, recommendations, improvements, solutions, bug fixes, features, concepts, techniques, ideas, know-how and/or any feedback regarding the Services, the Software, the Site and/or any of Expressions’s related technologies (“Feedback”). Any and all Feedback is and shall be given entirely voluntarily. Feedback shall be exclusively owned by Expressions, and you hereby make all assignments necessary to accomplish the foregoing ownership, and as a result Expressions shall be freely entitled to reproduce, prepare derivative works, disclose to third parties, display and perform (publicly or otherwise), sell, lease, license, distribute and otherwise use and exploit any and all such Feedback as it deems appropriate, at its sole discretion, without obligation or liability of any kind to you or any other person or entity.
By registering on the Site or for any of our Services, you are agreeing to subscribe to the selected Services, subject to the terms and conditions of this Agreement. You agree to provide Expressions with accurate and complete registration information and to promptly notify Expressions in the event of any changes to any such information.
You shall be solely responsible for the security and proper use of all user IDs, passwords or other security devices used in connection with the Site and/or the Services and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity. You shall immediately inform Expressions if there is any reason to believe that a user ID, password or any other security device issued by Expressions has or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way. Expressions reserves the right at its sole discretion to request that you change your password(s) in connection with the Services.
You are solely responsible for all activity in connection with access to the Site or Services through your account or using your password, and for the security of your computer systems, and in no event shall Expressions be liable for any loss or damages relating to such activity.
You affirm that you are over the age of 18, as the Service is not intended for children under 18.
In connection with using or accessing our Services you will not:
Sellers must abide by Expressions’s posting requirements. Failure to abide by these requirements may result in Expressions downgrading or deactivating your seller account.
If we believe you are abusing Expressions and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
If we believe you are violating our policies, you may be subject to termination of your account. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
For creators who wish to use the Service to sell works, the Service is available to artists, photographers, musicians, authors, and other creators.
By minting or listing an asset for sale on the Service, Creators expressly represent and warrant that their Work is an original creation. Creators are prohibited from minting or listing works consisting of unlicensed or unauthorized copyrighted content, including any imagery, video, human likeness, or other unoriginal content not created by the Creator, not authorized for use by the Creator, not in the public domain, or otherwise without a valid claim of fair use. Creators can only mint works that they personally created and must refrain from minting works to which copyright ownership is unknown or disputed.
Creator expressly represents and warrants that works minted on the Service contain only original content otherwise authorized for use by the Creator. To the extent a Work contains unoriginal content, including content from Works by other Creators, the minting Creator further represents and warrants that he or she has permission to incorporate the unoriginal content. Creator represents and warrants that the sale, display, or performance of minted assets on the Service is not a violation of any agreement, contract, or obligation owed to a third party.
Failure to abide by these Terms and/or the Community Guidelines may result in, without limitation, suspension or deletion of the Creator’s account, revocation of the Creator’s minting privileges and other permissions on the Service, delisting the Creator’s assets on the Service, or paying monetary damages. Service has the unilateral authority and discretion to remove, suspend, or revoke Creators’ access to its Smart Contracts or any other aspect of the Service.
The Site, Software and Services may include products and services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that Expressions may communicate with you regarding Expressions and other entities by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your mobile telephone number.
For users located outside of the European Economic Area (EEA): Your registration to use the Site and/or Services constitutes your consent to receive email communications from Expressions, including messages regarding customer service issues and other matters. You may opt not to receive email correspondence, other than technical notifications and email regarding issues related to your account and your use of the Site and Services, at any time by following the link included in the email messages.
For users located in the European Economic Area (EEA): We only send marketing communications to users located in the European Economic Area (EEA) with your prior consent, and you may withdraw your consent at any time by clicking the “unsubscribe” link found within Expressions emails and changing your contact preferences. Please note you will continue to receive transactional messages related to our Services, even if you unsubscribe from marketing emails.
Expressions displays photos, videos and other material from users, freelance writers and other third parties. All of these individuals, businesses and organizations retain their copyright to their works, and Expressions makes no claim over such works unless so stated in a contract with said party.
Expressions respects the intellectual property rights of others, and we expect you to do the same. It is our policy, in appropriate circumstances and at our discretion, to quickly remove infringing material brought to our attention and to disable and/or terminate the Expressions Accounts of Users who infringe or are charged with infringing the copyrights or other intellectual property rights of others.
DMCA notices In accordance with the Digital Millennium Copyright Act of 1998, Expressions will respond expeditiously to claims of copyright infringement committed using the Site or Application that are reported to the email address indicated below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site or Application by sending us a notice of alleged infringement. Upon receipt of the notice as described below, Expressions will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Site.
In order for us to review your notice, it has to:
Deliver the notice, with all items completed, to the following address
Expressions Copyright Agent
75 Ocean Dr., Suite 342
Humacao, Puerto Rico 00791
If you receive a notification that Expressions has removed your work from its Site or Sites because of a copyright notice filed by another party, and if you believe the material was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy of that notice to the party who filed the original complaint. If we do not receive notice within ten (10) business days that the party who submitted the original complaint is seeking a court order to prevent further infringement of the disputed content, we will remove the complaint from your account’s record, and we may replace the content that was removed.
There are legal and financial consequences for fraudulent and/or bad faith submissions. Before you submit a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error.
Follow these steps to file a DMCA counter-notice:
• Your name, address, and telephone number.
• DMCA ID (from the takedown notice) printed at the bottom of the notification email.
• The source address of the content that was removed (copy and paste the link in the notification email).
• A statement under penalty of perjury that you have a good faith belief that the content was removed in error.
• A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Expressions may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent for that person.
• A physical or electronic signature (for example, typing your full name).
The fees we charge for using our Services are listed on our Selling Fees pages. We may change our seller fees from time to time by posting the changes on the Expressions site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of Expressions. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Expressions, you may be liable to pay a final value fee applicable to that item, even if the item doesn’t sell, given your usage of our Services for the introduction to a buyer.
Expressions does not have an obligation to collect sales taxes on sales you make using our Services; therefore, it is the responsibility of you as the seller to collect such sales taxes and import or export duties as applicable for each transaction.
Seller fees don’t purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.
When listing an item for sale on our Services, you agree to comply with the following Listing policies and Selling practices policy and that:
Transactions that take place on the Service are managed and confirmed via the blockchain, including Polygon, Ethereum, and other blockchains. You understand that your blockchain public address will be made publicly visible whenever you engage in a transaction on the Service. We neither own nor control Amberfi, MetaMask, Rainbow, the Polygon network, or any other third-party site or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Service. 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, including transaction costs or commissions.
When buying an item on our Services, you agree to the following Rules and Policies for buyers:
All User transactions on the Service, including without limitation minting, tokenizing, bidding, listing, offering, purchasing, or confirming, are facilitated by Smart Contracts existing on the Polygon network or other blockchain networks, including Ethereum. The Polygon network requires the payment of a transaction fee (a “Gas fee”) for every transaction that occurs on the Polygon network, and thus every transaction occurring on the Service. The value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of the Service. The User acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Service be invalidated, revocable, retractable, or otherwise unenforceable on the basis that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable to a User. Users also acknowledge and agree that gas is non-refundable under all circumstances.
To initiate a transaction on the Service, a User must voluntarily invoke one or more Smart Contract operations from an Amberfi Wallet. All transactions on the Service, including but not limited to transfers, offers, bids, listings, sales, or purchases of Expressions assets are initiated through one or more Smart Contracts at the sole discretion and at the complete risk of the Users. The Smart Contracts are configured to facilitate the execution of a voluntary User offer, an acceptance of an offer, or other confirmation to purchase, sell, bid on, list, or transfer an Expressions asset. The User acknowledges the risk of Smart Contracts and agrees to be bound by the outcome of any Smart Contract operation by invoking, calling, requesting, or otherwise engaging with the Smart Contract, whether or not the Smart Contract behaves as the User expects.
Expressions marketplace transactions, including but not limited to primary sales, secondary market sales, listings, offers, bids, acceptances, and other operations through the Site utilize experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that such technologies are experimental, speculative, and inherently risky. Users acknowledge and agree that the Service’s smart contracts may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Polygon blockchain (i.e., “forks”), which can adversely affect the smart contracts and may expose you to a risk of a total loss, forfeiture of your digital currency or Expressions assets, or lost opportunities to buy or sell Expressions assets. Expressions assumes no liability or responsibility for any such smart contract or related failures, risks, or uncertainties.
Users hereby acknowledge and assume the risk of initiating, interacting with, participating in marketplace or auction transactions and take full responsibility and liability for the outcome of any transaction they initiate, whether or not the smart contracts, Expressions, the Site, or other market participants behave as expected or intended. Users hereby represent that they are knowledgeable, experienced and sophisticated in using blockchain technology, the Expressions site, and in initiating Polygon-based transactions.
Users are forbidden from engaging in any attack, hack, denial-of-service attack, interference, or exploit of any smart contract on the Service. Operations performed by you that are technically permitted by a smart contract on the Service may nevertheless be a violation of our Terms of Service and the law.
All marketplace transactions are executed by one or more Smart Contracts processed on the Polygon blockchain and not under any direct control by Expressions. You acknowledge and agree that Expressions is not a party to any agreement or transaction between any Users involving the purchase, offer, sale, auction, or transfer of Expressions assets, whether or not a commission or fee is received by Expressions or its partners as a consequence of the transaction. Assets listed for sale on the Service are not offered on consignment or held in trust on behalf of any Creator, Collector, Owner, or User. Expressions and its partners reserve the right to execute Smart Contract transactions on the marketplace as a collector of assets available on the Service.
Users of the Service are expressly forbidden from accepting, soliciting, offering, bidding, engaging with the Smart Contracts, or otherwise transacting on or off of the Service with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the price an asset, groups of assets, or assets created by particular Creators.
Creators, Owners, and Collectors are expressly forbidden from bidding, purchasing, or making offers on their own listed or offered assets for the purpose of artificially influencing the price of the listed asset(s).
Users are generally forbidden from engaging in any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of a work, simulate demand for work (i.e, “wash trading”), or any other anti-competitive bidding conduct.
Users are expressly forbidden from selling works, listing assets for auction, making bids during an auction, purchasing work, or engaging in any other marketplace transaction for the purpose of concealing economic activity, laundering money, or financing terrorism. For example, and without limitation, Users are forbidden from using the Service and any Smart Contract to conceal or transfer proceeds or assets relating to criminal activity or to pay for an asset for any other reason than to obtain the asset. You expressly represent and warrant by performing transactions involving the Service or Smart Contracts that your actions are legal under United States and international law and the jurisdiction from which they initiate the transaction.
You irrevocably release, acquit, and forever discharge Expressions and its subsidiaries, affiliates, officers, partners, and successors for and against any and all past or future causes of action, suits, or controversies arising out of another User’s violation of these Terms.
All works minted on the Service are subject to Expressions's set of licenses, the terms of which are described within. All Users who receive an asset on Expressions acknowledge and agree to accept or purchase the asset subject to the conditions of the chosen license.
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. If you use an AI art generation service in creating a work that you upload to the Service, you warrant that you have the right to do so and assume full responsibility for complying with all Intellectual Property laws. Expressions takes no responsibility and assumes no liability for any content provided by you or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including Expressions users). You may use that content solely in your Expressions listings. Expressions may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that Expressions is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.
The name “Expressions” and other marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Expressions in the U.S. and other countries. They may not be used (except in limited editorial capacities) without the express written prior permission of Expressions.
Expressions does not collect personally identifiable information from you except to the extent you have explicitly given such information to Expressions We will not track your online purchases or online activity after you leave our Site.
In addition, Expressions may engage third parties to conduct risk control and fraud detection/prevention activities. As part of such engagements, if you initiate a transaction on the Site or through the Services, Expressions may give such third parties access to your pertinent credit card and other personal information. Such third parties may only use such personal information for purposes of performing risk control and fraud detection/prevention activities for us. However, they may also convert such personal information into hashed or encoded representations of such information to be used for statistical and/or fraud prevention purposes. By initiating any such transaction, you hereby consent to the foregoing disclosure and use of your information.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS EXPRESSIONS’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE SITE, APPLICATION OR SERVICES. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THESE TERMS, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE SITE, APPLICATION OR SERVICES.
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES RELATING TO THE SITE, APPLICATION AND SERVICES.
ALL SERVICES, INFORMATION, SOFTWARE, PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EXPRESSIONS DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS SITE, APPLICATION, THEIR SERVERS OR ANY EMAIL OR MESSAGE SENT FROM EXPRESSIONS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXPRESSIONS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
IN NO EVENT SHALL EXPRESSIONS (OR ITS OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR APPLICATION OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SITE OR APPLICATION INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON THE SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE OR APPLICATION; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SITE OR APPLICATION, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF EXPRESSIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AS A USER OF THIS SITE OR APPLICATION, YOU UNDERSTAND AND AGREE THAT: NEITHER EXPRESSIONS NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR EXPRESSIONS ACCOUNT; AND THE UNAUTHORIZED USE OF YOUR PASSWORD OR EXPRESSIONS ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH EXPRESSIONS AND OTHER USERS.
If we are found liable for any loss or damage that arises out of or is in any way connected with your use of our Site, Application or Services, then our liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees paid to Expressions for the transaction(s) on this Site giving rise to the particular claim, or (b) One Hundred Dollars (US $100.00). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Expressions.
Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, Expressions will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings.
When an item is returned, to refund the buyer, you (as seller) authorize Expressions to request that Stripe Marketplace remove the refund amount (in same or other currency) from your merchant account, place the amount on your invoice, and/or charge your payment method on file.
The cost of return shipping for an item that is not as described is the seller’s responsibility.
You (as seller) authorize Expressions to place the return shipping label cost on your invoice, subject to your automatic payment method on file when:
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability.
THE VALUE OF NFTS ARE SUBJECTIVE, HAVE NO INHERENT VALUE AND THEREFORE CAN BE VOLATILE. YOU AGREE TO ASSUME ALL RISK ASSOCIATED WITH THE USE AND VALUE OF THE NFT AND THE WORK. NFTS MADE AVAILABLE FOR SALE ON THE SERVICE ARE NOT INTENDED TO BE, AND SHOULD NOT BE CONSIDERED, INVESTMENT VEHICLES.
YOU FURTHER REPRESENT AND WARRANT THAT YOU UNDERSTAND AND ARE WILLING TO ACCEPT THE RISKS ASSOCIATED WITH CRYPTOGRAPHIC SYSTEMS SUCH AS THE SMART CONTRACTS, THE POLYGON AND OTHER BLOCKCHAINS, NON-FUNGIBLE TOKENS (NFTS), AND THE INTERPLANETARY FILE SYSTEM (IPFS). WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE POLYGON BLOCKCHAIN, THE POLYGON NETWORK, THE AMBERFI WALLET, THE METAMASK WALLET, OR OTHER BLOCKCHAIN-RELATED NETWORKS AND WALLETS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, SUCH AS FORGOTTEN SEED PHRASE OR PASSWORDS OR INCORRECTLY CONSTRUED SMART CONTRACTS OR OTHER TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE, POLYGON OR POLYGON NETWORKS, THE AMBERFI OR METAMASK DIGITAL WALLETS OR BLOCKCHAIN-COMPATIBLE BROWSER OR WALLET.
SERVICE IS NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS OR ANY OTHER FEATURES OF THE POLYGON NETWORK OR THE AMBERFI OR METAMASK DIGITAL WALLET OR ANY BLOCKCHAIN-COMPATIBLE BROWSER OR WALLET, INCLUDING BUT NOT LIMITED TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE NETWORK, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING FUND LOSSES AS A RESULT.
The prices of NFTs are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your purchases, which may also be subject to significant price volatility. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the Expressions ecosystem, and therefore the potential utility or value of NFTs. The Service, Service, and digital assets could be impacted by regulatory inquiries, regulatory actions, or legislative policies that could impede or limit the ability of Expressions or its partners to continue to develop the Service, or that could impede or limit your ability to access or use the Service. Assets on the Service may be encumbered by actual or possible copyright or trademark claims against the asset.
Use of the Service, including the creating, buying, or selling trading digital assets, may carry financial risk. Digital assets are, by their nature, highly experimental, risky, volatile and transactions carried through the Service are irreversible, final, and there are no refunds. You acknowledge and agree that you will access and use the Service at your own risk. The risk of loss in trading digital assets can be substantial. You should, therefore, carefully consider whether creating, buying, or selling digital assets is suitable for you in light of your circumstances and financial resources. By using the Service, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your own evaluation of the merits and risks of any transaction conducted via the Service or any underlying digital asset. You accept all consequences of using the Service, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in this Agreement, we accept no responsibility whatsoever for and will in no circumstances be liable to you in connection with the use of the Service for performing digital asset transactions. Under no circumstances will the operation of all or any portion of the Service be deemed to create a relationship that includes the provision or tendering of investment advice.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND EXPRESSIONS HAVE AGAINST EACH OTHER ARE RESOLVED.
In this Legal Disputes Section, the term “related third parties” includes your and Expressions’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Expressions’s, and these entities‘ respective employees and agents.
You and Expressions agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Expressions (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Expressions or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by the laws of Panama without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Expressions, except as otherwise stated in this User Agreement.
If a court of law decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement shall still apply.
C. Judicial Forum for Legal Disputes
For any dispute you have with Expressions, you agree to first contact us and attempt to resolve the dispute with us informally and amicably. If Expressions has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration in the jurisdiction of Panama. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with customary arbiration rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND EXPRESSIONS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement and all terms and policies posted through our Services set forth the entire understanding and agreement between you and Expressions, and supersede all prior understandings and agreements of the parties.
No Waiver No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
To contact us with questions or comments, please use the following:
General Inquiries: firstname.lastname@example.org
Legal Inquiries: email@example.com
Artists & Creatives Foundation
75 Ocean Dr., Suite 342
Humacao, Puerto Rico 00791