GLORIOUS WEBSITE TERMS OF SERVICE

2022

Welcome to the Glorious website.

These Terms of Use (Terms) govern your access to and use of the Glorious Digital Platform (Platform) made available by Glorious Digital Limited (“Glorious”, “we”, “us”, “our”). 

Please read these Terms carefully. By accessing and using the Platform, you agree to these Terms.  If you do not agree to these Terms you must not access or use the Platform. 

The Platform enables you to purchase and sell digital masterpieces in the form of non-fungible tokens (referred to in these Terms as NFTs). 


Registering an Account


To access and use the full functionality of the Platform you must register an account.  To register an account you must be at least 18 years of age and provide us with the following information:

Full name
Email address

You must also provide us with any other information we reasonably request from time to time, for example where we need to meet our own legal requirements.

It is free to register an account. You are responsible for the confidentiality and security of your account (including your password) and accept all risk of any unauthorised use of or access to your account.  You must immediately notify us if you become aware of any unauthorised access to your account or suspect you have been subject to a security breach. 

We may suspend or terminate your account at any time if we consider, acting reasonably, that you are in breach of these Terms or we otherwise suspect that you are using the Platform to engage in any form of illegal, illegitimate, unethical or offensive conduct (such as money laundering or fraud), or where we are required to do so to meet our own legal requirements. 


Security of Digital Wallet


Upon registering an account, the Platform will generate a non-custodial digital wallet which will act as your vehicle to trade on the Platform, storing your NFTs and digital currency (Digital Wallet).  Items in your Digital Wallet are held by you, not us.  We do not provide any custodial service. You are solely responsible for the security of your Digital Wallet including the 12 word mnemonic passphrase used to access the Digital Wallet (Secret Passphrase). 

IMPORTANT: WE DO NOT RECORD, STORE OR HAVE ANY CONTROL OVER YOUR SECRET PASSPHRASE.  WE CANNOT RESET, RETRIEVE OR RECOVER YOUR SECRET PASSPHRASE (OR THE CONTENTS OF YOUR DIGITAL WALLET) IF YOU FORGET IT, OR IT BECOMES LOST OR STOLEN.  WE STRONGLY RECOMMEND THAT ALL USERS RECORD THEIR SECRET PASSPHRASE AND SECURE THIS IN A SAFE LOCATION. 

Should your Secret Passphrase or Digital Wallet be accessed by a third party, any NFTs and digital currency stored in your Digital Wallet can be controlled by that third party. If you forget or lose your Secret Passphrase, you will not be able to gain access to your Digital Wallet including your NFTs and digital currency.  

We accept no liability or responsibility for any lost or stolen NFTs or currency due to forgotten, lost or stolen Secret Passphrases or other unauthorised access to your Digital Wallet.  


Your obligations 

When you access and use the Platform, you agree that you will:
comply at all times with New Zealand law;always provide us and other users with truthful and accurate details;not provide any information that may be misleading or deceptive;not create or list counterfeit or stolen NFTs; take reasonable steps to verify the identity, legitimacy and authenticity of NFTs prior to making any sale or purchase through the Platform; not infringe the rights of any person or entity, including any intellectual property rights, privacy and/or contractual rights;not interfere with or attempt to impair our computer systems or transmit software, viruses, worms or other harmful files, code or malware;not use a robot, spider, scraper or other unauthorised means to access the Platform or extract data or any content shown on the Platform;not reverse engineer any aspect of the Platform, or attempt to gain any unauthorised access to any part of the Platform, including attempting to gain access to another person’s account; ornot use the Platform for any commercial, regulated, unlawful or other unauthorised purpose.


Intellectual Property 

Glorious (and/or its suppliers and licensors) own all intellectual property rights in and to the Platform, including the software and other material underlying and forming part of the Platform. Glorious grants registered users a limited, revocable, non-exclusive, non-transferable, “as is” licence to access and use the Platform solely for personal, non-commercial use, subject to these Terms. 


Rights in NFTs

All NFTs for sale through the Platform only confer on the buyer the right to view and display the NFT for their personal and domestic use, and to sell the NFT.  All other rights in relation to the NFT (whether commercial or non-commercial) are reserved including, rights to copy, reproduce, broadcast, re-mint and/or to create derivative works.  
Your rights in any NFT purchased or sold through the Platform may be subject to additional restrictions, conditions or limitations as determined by the artist, creator, seller, or by us and will be stated on the applicable listing. Importantly, copyrights and other intellectual property rights in the original image, content or work (as applicable) are not sold or otherwise transferred when any NFT is purchased. All intellectual property rights in the original, underlying works which form part of or are incorporated into the NFT remains owned by the artist, licensor or creator (as applicable). 


User Generated Content

The Platform enables you to create, post and/or list certain content and assets for sale on or through the Platform (User Content). Where User Content is made available through the Platform, you grant Glorious a fully paid up, royalty free, worldwide, non-exclusive right and licence to use, reproduce, distribute, modify, adapt and display such User Content (in whole or in part) for the purposes of providing the Platform and our services (including make the content available to other users and facilitating the sale and purchase of NFTs), for marketing and promotional purposes, and for improving, developing and/or updating the Platform. You are responsible and liable for any User Content and NFTs that you upload to the Platform, and you warrant and represent to us that you have all necessary rights and permissions to upload User Content and list NFTs for sale and use through the Platform in accordance with these Terms. 

We reserve the right at any time to remove any User Content where we reasonably believe it violates the rights of any person or is otherwise inappropriate, misleading, incorrect or otherwise inconsistent with these Terms. If you are a copyright owner and believe that any content or NFT posted or listed on the Platform infringes your copyright or other intellectual property rights, please contact us at support@glorious.digital.

You must not copy, download, distribute, share, broadcast, transmit, license, sell, reproduce or otherwise use any content made available through the Platform except as permitted under these Terms or with our prior written consent. 
We do not provide any warranties and disclaim all liability in relation to the accuracy, reliability or completeness of any content or NFT available or listed on the Platform. You are responsible for any actions you take as a result of or in reliance on any content or listing on the Platform.


Listing Rules

We may permit the listing of NFTs for the purposes of operating a secondary market.  Any such secondary market may not be available immediately and we do not guarantee that it will be available at any particular time (or at all), although it is our intention to do so.  Where our secondary market is not operating or available, you may not be able to sell your NFTs.
When our secondary market is available, the following listing rules will apply and we may supplement these by other rules published on the website from time to time.
We reserve the right to remove or modify a listing at any time where we determine (acting reasonably) that the listing or NFT for sale violates these Terms, is contrary to the purpose and intent of the Platform, there is a change of law or regulation which deems it necessary to remove the listing, or the listing is otherwise inconsistent with the way in which the Platform is intended to operate. 

You are fully responsible and liable for any listing you post through your account.  You must only list NFTs that you own.  Your listing must:be accurate, current, complete and include all relevant information regarding the NFT; not be misleading or deceptive (including through the omission of any material information relevant to the NFT); and not violate any New Zealand or international intellectual property laws, or be inappropriate, offensive, illegal, counterfeit or incorporate stolen assets.
Listing unauthorised or illegally obtained assets may result in your listing being removed, your NFT being seized, and your account suspended or terminated. 

Glorious provides the Platform which facilitates transactions between the buyer the seller of NFTs and is not a party to any agreement between the buyer and seller of NFTs. You acknowledge and accept that any sale of an NFT will be final and that you will not be able to cancel or retain ownership of the NFT following completion of the sale transaction. 
If you have any concerns or disputes regarding a transaction, please contact us at support@glorious.digital in the first instance and we will endeavour to facilitate a resolution between the relevant parties. 


Payment Terms 

When you make purchases through the Platform you must have sufficient funds in your Digital Wallet.  Each sale transaction will be governed by the terms of an individual smart contract.  All payments are non-refundable. 
Glorious (and/or our third party payment provider) will receive payment on behalf of the artist, creator or seller (as applicable) and distribute funds according to the terms of the smart contract.  Glorious will receive a commission in respect of each sale. 

You are solely responsible for the payment of any GST or other taxes that may be applicable to the purchase or sale of a NFT through the Platform.


Disclaimers and Liability 

NOTHING IN THESE TERMS EXCLUDES, MODIFIES OR LIMITS YOUR RIGHTS UNDER THE CONSUMER GUARANTEES ACT 1993 (CGA).  

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WE MAKE NO WARRANTY THAT THE PLATFORM AND SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR FREE BASIS, OR WILL BE ACCURATE, RELIABLE, OR COMPLETE. YOU ACKNOWLEDGE AND ACCEPT THAT THE PLATFORM MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE AND UPGRADE PURPOSES.  
YOUR ACCESS TO AND USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK. OTHER THAN IN RESPECT OF THE RIGHTS AND REMEDIES AVAILABLE TO CONSUMERS UNDER THE CGA, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OR LOSS INCURRED OR SUFFERED BY YOU OR ANY OTHER PERSON, ARISING OUT OF OR CONNECTION WITH, YOUR ACCESS TO, OR USE OF, THE PLATFORM OR ANY CONTENT OR NFT AVAILABLE THROUGH THE PLATFORM.  NOTWITHSTANDING THE ABOVE, IN NO EVENT WILL OUR LIABILITY TO YOU WHETHER IN CONTRACT, TORT OR OTHERWISE EXCEED NZD$100. 

While we take reasonable measures to protect the security of the Platform, we cannot guarantee that the Platform will be free from viruses, spyware or other harmful code, and we will not be liable to you for any data loss or other corrupted files resulting from a security incident impacting the Platform. 


Risk of trading in NFTs

NFTS FOR SALE ON THE PLATFORM ARE INTANGIBLE DIGITAL ASSETS AND WE CANNOT GUARANTEE THE TRANSFER OF LEGAL TITLE OR RIGHT IN THE ASSETS, NOR DO WE GUARANTEE THAT NFTS WILL HAVE OR RETAIN ANY INTRINSIC OR INHERENT VALUE, OR THAT YOU WILL BE ABLE TO SELL OR RESELL ANY NFT LISTED OR PURCHASED THROUGH THE PLATFORM. THE VALUE OF A NFT IS INHERENTLY SUBJECTIVE AND MAY BE SUBJECT TO SIGNIFICANT PRICE VOLATILITY.  NFTS ARE SUBJECT TO TECHNOLOGY RISKS (INCLUDING HACKING OR OPPORTUNISTIC BEHAVIOURS) COMMON TO ALL BLOCKCHAIN TECHNOLOGIES.  

We do not endorse or provide any advice or recommendations regarding NFTs. You are solely responsible for determining the nature, potential value, suitability and appropriateness of any NFT before making a purchase.  


Links to other sites

The Platform may contain links to third party websites which are outside of our control. We take no responsibility for the content, validity, accuracy or use of any other website and any access to a third party website or link is done so at your own risk. 


Amendments to these Terms 

We may update, amend or otherwise modify these Terms from time to time. If we make any material changes, we’ll notify you via email and post a notification on the Platform. Any use of or access to the Platform after the effective date of any amendment will constitute your deemed acceptance of the updated Terms.  If you do not agree with any amendment to these Terms you must stop using the Platform. 


Privacy

All personal information that we collect about you through the Platform is managed in accordance with our Privacy Policy www.glorious.digital/privacy-policy. 


Notices

We may provide you with notices, information and correspondence via electronic communications, including by email.


Severability

If any provision contained in these Terms is held to be invalid or unenforceable by any competent authority, all other provisions of these Terms will remain in full force and effective and will not in any way be impaired. 


Waiver

A failure to enforce and provision of these Terms shall not constitute a waiver of such provision unless it is in writing and signed by the party providing the waiver. 


Governing law

These Terms are governed by New Zealand law. 


Updated: March 2022


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