THE FOLLOWING TERMS AND CONDITIONS ("TERMS") APPLY TO YOUR USE OF THE WEBSITE OF EXQUISITE WORKERS, LLC ("EXQUISITE WORKERS", "ARTISTS COMMUNITY", "EW", "WE" "US" OR "OUR"), INCLUDING ANY CONTENT, FUNCTIONALITY, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH A WEBSITE (THE "WEBSITE"), WHETHER AS A GUEST, A USER, A CREATOR-CONTRIBUTOR, A PURCHASER AND A PARTNER (THE "USER", "YOU" or "YOUR"). THESE TERMS APPLY TO YOUR USE OF EXQUISITE WORKERS, LLC SERVICES THAT DISPLAY OR INCLUDE THESE TERMS ("SERVICES"). BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICES. THESE TERMS OF USE ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. BY ACCEPTING THESE TERMS:
You are agreeing to Exquisite Workers rules and policies that are incorporated into and a part of these Terms:
Our Terms of Use Agreement explain the rules for our websites.
Our Privacy Policy explains what information we collect from you and how we protect it.
TO ENTER INTO THE AGREEMENT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS. IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS.
1. ACCEPTANCE OF THE TERMS OF SERVICE
Effective: 04.24.2021
Last Updated: 04.24.2021
Please review our Privacy Notice found at https://www.exquisiteworkers.com/privacypolicy, which also governs your use of the Services, to understand our practices.
Exquisite Workers reserves the right to change or modify these Terms at any time and in our sole discretion. Any such modifications shall be effective immediately. The additional terms and conditions then become part of your agreement with us if you use those Services. You should check this page regularly to take notice of any changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
3. CHANGES TO THE TERMS OF SERVICE
We may withdraw or amend the Services, and any related service or content on the Service, or restrict access to all or certain users without notice and without liability to you in our reasonable discretion. Additionally, due to your geographic location, the Services or some of their features or Content may be unavailable to you. Notwithstanding anything to the contrary herein, we may terminate or suspend access to the Services based on your breach of these Terms.
Photosensitivity: Certain people may react to certain Content (e.g. visual images or patterns of 2D, 3D and Holo-art), including flashing lights regardless of whether they have a diagnosed condition or history. Reactions may be reduced by enjoying the 2D, 3D and Holo-art in a well-lit room, avoiding watching the Content while drowsy, viewing the Content from some distance or on a smaller screen, and limiting duration of browse.
4. ACCESSING THE SERVICES AND ACCOUNT SECURITY
The Services, including all Content, features, and functionality thereof, are owned by Exquisite Workers, its contributors, or other providers of such material and are protected by Spain and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
Unless otherwise indicated in writing by us, the Service and all Content and other materials contained therein, including, without limitation, the Exquisite Workers logo, Grid templates, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Content") are the proprietary property of Exquisite Workers or our affiliates, licensors, partners or contributors, as applicable. Notwithstanding anything to the contrary in these Terms, the Service and Content may include software components provided by Exquisite Workers or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such components.
The Exquisite Workers' logo and any Exquisite Workers' product or service names, Grid templates, designs, logos or slogans that may appear on the Service are trademarks of Exquisite Workers or our contributors and / or partners and MAY NOT be copied, imitated or used, in whole or in part, without our prior written permission.
You MAY NOT use any metatags or other "hidden text" utilizing "Exquisite Workers", "Crypto Exquisite Corpse", "NFT to stay" or any other name, trademark or product or service name of Exquisite Workers or our affiliates without our prior written permission.
In addition, the look and feel of the Service and Content, including, without limitation, all page headers, custom graphics, button icons and scripts, Exquisite Corpse Grid templates, constitute the service mark, trademark or trade dress of Exquisite Workers and MAY NOT be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and Exquisite Workers names or logos mentioned on the Service are the property of their respective owners and MAY NOT be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
For clarity, the User must not reproduce, sell, or exploit for any commercial purposes any part of the Services, access to the Services or use of the Services or any services or materials available through the Services.
Notwithstanding any value attributed to the Content by you or any Third-Party, you understand and agree that any Content residing on Exquisite Workers's servers, may be deleted, altered, moved or transferred at any time for any reason in Exquisite Workers's sole discretion, with or without notice and with no liability of any kind. Exquisite Workers does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any Content residing on Exquisite Workers's servers.
5. INTELLECTUAL PROPERTY RIGHTS
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the Service and Content; provided, however, that such license is subject to these Terms and does not include any right to (a) copy, sell, resell or use commercially the Service or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Service or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Service or Content, except as expressly permitted by us, (f) use the Service or Content other than for their intended purposes, and g) reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Exquisite Workers, and Exquisite Workers MAY terminate your use of this website at any time.
6. LICENSE TO ACCESS AND USE OUR SERVICE AND CONTENT
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Service for noncommercial purposes, provided that such link DOES NOT portray Exquisite Workers or our contributirs and affiliates or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You MAY NOT use a logo or other proprietary graphic of Exquisite Workers to link to the Service or Content without our express written permission. Further, you MAY NOT use, frame or utilize framing techniques to enclose any Exquisite Workers' trademark, logo, Grid template, slogans or other proprietary information, including the images found on the Service, the content of any text or the layout or design of any page, or form contained on a page, on the Service without our EXPRESS WRITTEN CONSENT.
The Service may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"). When you click on a link to a Third-Party Website or Third-Party Application, we WILL NOT warn you that you have left our Service and are subject to the Terms and conditions (including privacy policies) of another website or destination.
Such Third-Party Websites and Third-Party Applications and ARE NOT under the control of Exquisite Workers. Exquisite Workers IS NOT responsible for any Third-Party Websites or Third-Party Applications. Exquisite Workers provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services. You use all links in Third-Party Websites, and Third-Party Applications at your own risk. When you leave our Service, our Terms and policies no longer govern. You SHOULD review all applicable agreements and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Read carefully the Intellectual Property Rights of Contributors to the Service which refer to the purchase on the Third-Party websites.
While accessing or using the Service, you agree that you WILL NOT violate any law, contract, intellectual property or other third party right, and that you are solely responsible for your conduct. To the full extent permissible by law,
Exquisite Workers WILL NOT be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this these Terms. You agree that you will abide by these Terms and WILL NOT:
- Provide false or misleading information to
Exquisite Workers;
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
- Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service;
- Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Service, area or code of the Service;
- Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
- Use data collected from our Service to contact individuals, companies, or other persons or entities;
- Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
- Bypass or ignore instructions that control all automated access to the Service;
- Use the Service for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
Any Content that
Exquisite Workers deems a) inappropriate, disruptive, or illegal, b) that include metadata that violates international or Spain intellectual property laws, promotes suicide or self-harm, incites hate or violence against others, degrades or doxes another individual, depicts minors in sexually suggestive situations, or is otherwise illegal in Spain; b) that discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin; c) created or used primarily or substantially for the purpose of raising funds for the known terrorist organizations; d) are the sale of stolen assets, assets taken without authorization, and otherwise illegally ARE PROHIBITED to display on
Exquisite Workers.
Exquisite Workers reserves the rights to determine the appropriateness of the Content on this Service and remove any Content at any time. If you become aware of violation of any of the terms specified in this section, you shall contact us on
hello@exquisiteworkers.com to report it. Contributors bear special responsibility for informing
Exquisite Workers of the existence of the content and assets that violate these terms.
Any purchaser of the NFT Works and other products of Exquisite Workers on the Third-Party Websites (i.e., the winner of the Auction and its assigns and successors thereafter, the "Purchaser") shall acknowledge and agree to the following terms and conditions in purchasing the Exquisite Workers NFT Works and other products:
a) The Purchaser shall obtain the ownership of the NFT Works and other products of Exquisite Workers, but any copyright, trademark right or any other intellectual property right of the NFT Works and other products of Exquisite Workers shall not be transferred to the Purchaser and shall remain owned by the Contributor.
b) Accordingly, for instance, (i) providing the images or videos of the NFT Works and other products of Exquisite Workers such as its screenshots to others beyond the scope of private use, or (ii) using them for commercial purposes (e.g., using them for merchandises such as bags, T-shirts, or smart phone cases, publishing them in books, or posting them on e-commerce sites or corporate websites) shall fall under the infringement of the said intellectual property rights and shall thus be prohibited.
c) Using the NFT Works and other products of Exquisite Workers by modifying or editing any part of its image or using the grid templates / composition of the exquisite corpse created for NFT Works and other of Exquisite Workers shall also fall under the infringement of the said intellectual property rights and shall thus be prohibited.
d) If the Purchaser, its transferee or any other Third-Party incurs any damage or loss in connection with the purchase or sale of the Exquisite Workers NFT Works and other products arising from any cause whatsoever, in no event shall the Exquisite Workers or Contributor be liable for such damage or loss.
e) All matters relating to the purchase of the NFT Works and other products of Exquisite Workers shall be governed by, construed, and enforced in accordance with the laws of Spain, as they are applied to agreements entered into and to be performed entirely within Barcelona, Spain and without regard to conflict of law principles.
10. INTELLECTUAL PROPERTY RIGHTS OF CONTRIBUTORS
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify
Exquisite Workers's copyright agent. For your complaint to be valid under the Digital Millennium Copyright Act of 1998 ("DMCA"), you must provide the following information in writing: a) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; b) identification of the copyrighted work that you claim has been infringed; c) identification of the material that is claimed to be infringing and where it is located on the Service; d) information reasonably sufficient to permit
Exquisite Workers to contact you, such as your address, telephone number, and, e-mail address; e) 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 law and a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Exquisite Workers, LLC
28, Quevedo Street
Barcelona, Spain, 08012
Hello@exquisiteworkers.com UNDER SPAIN LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying
Exquisite Workers and its partners, contributors and affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with
Exquisite Workers's rights and obligations under the DMCA, including 17 U.S.C. ยง512(c), but DO NOT constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law,
Exquisite Workers has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers.
Exquisite Workers may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to comply with all applicable laws regarding your use of the Service. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
You may choose to or we may invite you to submit comments or ideas about the Service (including on the Contributors), including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Exquisite Workers under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Exquisite Workers does not waive any rights to use similar or related ideas previously known to Exquisite Workers, or developed by its employees, or obtained from sources other than you. We appreciate it when / if you give us feedback and suggestions, but unfortunately we can not pay you if we implement on the Service an idea you sent us.
THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. EXQUISITE WORKERS, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. NOTHING PUBLISHED ON THIS SITE SHOULD BE RELIED UPON FOR ANY PURPOSE WHATSOEVER.
WHILE EXQUISITE WORKERS, LLC ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, EXQUISITE WORKERS, LLC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE LISTED CONTENT, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) INCORRECTLY CONSTRUCTED TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS TO APPLICATIONS; (D) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR THE LISTED CONTENT.
Exquisite Workers IS NOT responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software on the Service and the Third-Party Websites. Exquisite Workers IS NOT responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the Third-Party Websites, with the blockchain supporting Crypto Assets including forks, technical node issues or any other issues having fund losses as a result on the Third-Party Websites. Nothing in these Terms shall exclude or limit liability of either Party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
The Service is controlled and operated from its facilities in Spain. Exquisite Workers makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Spain and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by Spain, or are a foreign person or entity blocked or denied by the Spanish government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Spain.
You agree to defend, indemnify, and hold harmless Exquisite Workers, its contributors, affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees resulting from your User Contributions or violation of these Terms.
UNDER NO CIRCUMSTANCES WILL EXQUISITE WORKERS, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SERVICE, YOUR SITE AND SERVICE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND SERVICE AND/OR CONTENT IS TO CEASE ALL OF YOUR SERVICE USE.
You may have additional rights under certain laws which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
16. LIMITATION OF LIABILITY
Exquisite Workers, LLC reserves the right, and you authorize us, to use and assign all information regarding the Service uses by you and all information provided by you in any manner consistent with our Privacy Policy.
You agree that the laws of Spain, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Exquisite Workers, its contributors, partners or its affiliates.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
The failure of Exquisite Workers, LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Exquisite Workers, LLC must be in writing and signed by an authorized representative of Exquisite Workers, LLC.
Exquisite Workers, LLC may terminate this Agreement at any time, with or without notice, for any reason, or no reason.
Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, contributor, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
22. RELATIONSHIP OF THE PARTIES
This Terms of Use constitutes the entire agreement between you and Exquisite Workers, LLC and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Exquisite Workers, LLC with respect to this Service. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Service. Exquisite Workers, LLC may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use Agreement periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Exquisite Workers' failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
To the fullest extent permitted by law, the controlling language for these Terms is English. It is the express wish of the parties that these Terms and all related documents have been drawn up in English. The parties declare that they have requested and hereby confirm their express desire that this Agreement be drawn up in the English language. Any translation has been provided for your convenience.
These Terms and all claims relating to or arising out of this Agreement, or the breach thereof, whether in contract, tort or otherwise, shall be governed by Spanish Law, excluding Spanish choice-of-law principles. Any dispute, controversy or claim arising out of, or in relation to, this Agreement, including the validity, invalidity, breach, or termination thereof, shall be resolved by the local court of Barcelona, Spain.
27. GOVERNING LAW AND JURIDICTION