Effective: September 7, 2021
Last Updated: September 7, 2021
The DIA ART Site is operated by DIA Association (“DIA”). These Terms and Conditions (“Terms”) govern your access to and use of the DIA ART Site, including without limitation the interface to create and display DIA ART, and your participation in the creation and use of DIA ART (“Service”).
The DIA ART Site is a service that facilitates the creation of DIA ART. Before putting in an order to create DIA ART, we will ask you to download a supported electronic wallet extension, and connect and unlock your digital wallets with that extension. After submitting an order for the creation of DIA ART through the interface provided on the DIA ART site, your order is passed on to the applicable extension, which completes the transaction on your behalf. All transactions initiated through the Service are facilitated and run by third-party electronic wallet extensions, such as MetaMask.
DIA makes no claims about the identity, content or authenticity of DIA ART initiated through the Service. DIA’s role is limited to providing an interface to allow users to create DIA ART. DIA is not a party to any agreement between a buyer or seller of DIA ART or between any users. DIA is not a broker, financial institution or creditor. DIA does not take payment on behalf of other parties and DIA is not a payment service provider.
By using the Service, you agree to be bound by these Terms and all of the Terms incorporated herein by reference. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
DIA reserves the right to change or modify these Terms at any time and in its sole discretion. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Service. If you do not agree to the revised Terms, you may not access or use the Service.
By using the Service, you acknowledge and confirm that:
You acknowledge and agree that, as between you and DIA, DIA and its licensors own all legal right, title, and interest in and to any and all DIA ART (including all Intellectual Property Rights therein) (collectively “DIA Materials”). You acknowledge that DIA Materials are protected by applicable laws including applicable copyright and trademark laws. The rights that you have in and to the DIA ART are limited to those expressly stated in this Section 4 of the Terms. DIA reserves all rights and ownership in and to DIA Materials not expressly granted to you.
You acknowledge and agree that, except as expressly set forth in these Terms to the contrary: (a) your acquisition of DIA ART does not give you any rights or licenses in or to DIA Materials; (b) you do not have the right to modify, reproduce, create derivative works of, distribute, sell, license or otherwise commercialize any elements of DIA Materials; (c) you will not apply for, register, or otherwise use or attempt to use any DIA trademarks or service marks, or any confusingly similar marks, anywhere in the world; and (d) you have no right to and shall in no event take any enforcement action (including by, for example, sending DMCA takedown notices) or make any claims based on any DIA Materials without DIA’s prior written consent in each instance, and DIA may, in its sole discretion, undertake any necessary actions to prevent any unlicensed or unauthorized use and/or distribution of any DIA Materials.
When you create DIA ART through the Service, you obtain ownership of the DIA ART. The license rights granted with the respective DIA ART are individual and depend on the properties of the DIA ART (for example: data set, data feed, purpose of usage, data fee) as of the time of creation. Subject to your continued compliance with these Terms, DIA and/or its licensors may grant you in connection with your DIA ART a limited, non-exclusive, non-sublicensable, non-transferable (except as permitted below), license to use DIA ART, solely for the purpose of usage specified (“Licensed Rights”). The user bears full responsibility to verify identity, content and authenticity of DIA ART to be created through the Service prior to entering a corresponding order.
You have the limited right to assign or transfer your Licensed Rights solely in connection with the sale or disposition of your DIA ART, provided that: (i) the transferee accepts all of the terms of these Terms; (ii) you have not, prior to the transfer or assignment, breached these Terms; and (iii) prior to the transfer or assignment, your Licensed Rights have not been terminated. Any attempted transfer or assignment of your Licensed Rights that do not satisfy the requirements of this section shall be null and void and shall constitute a material breach of these Terms.
To the extent the DIA ART contains any third-party Intellectual Property Rights (e.g., licensed Intellectual Property Rights), you understand and agree that: (i) you will not have the right to use any third-party Intellectual Property Rights in any way except as incorporated in the DIA ART, and subject to the license and restrictions contained in these Terms; (ii) depending on the nature of the license granted from the owner of the third-party Intellectual Property Rights, DIA may need to pass through additional restrictions on your ability to use the DIA ART; and (iii) to the extent that DIA notifies you in writing (email and Telegram Announcement sufficing) of any additional restrictions that apply to the DIA ART due to third-party Intellectual Property Rights, you will comply with those restrictions from the date that you receive notice from us, and your failure to comply with those restrictions will be deemed a breach of these Terms.
If you sell, trade, donate, give away, transfer, or otherwise dispose of your DIA ART for any reason, your Licensed Rights will automatically and immediately terminate, and you will have no further rights in or to the DIA ART. We will use the Ethereum blockchain’s record for your DIA ART to determine whether you no longer possess the applicable DIA ART and associated Licensed Rights. We may, but are not obligated to, provide you with notice regarding the revocation of your Licensed Rights. Additionally, the Licensed Rights shall automatically terminate and all rights shall return to DIA if: (a) you make any assignment for the benefit of creditors, file a petition in bankruptcy or are adjudged bankrupt, or become insolvent or are placed in the hands of a receiver; (b) you engage in any unlawful business practice related to your DIA ART; or (c) you disparage or initiate any legal action against DIA, its affiliates, and their respective officers, directors, members, employees, agents, and/or attorneys (collectively, “DIA Parties”). Additionally, if any DIA ART or any part of the DIA ART becomes, or in DIA opinion be likely to become, the subject of a claim of infringement, DIA has the right, at DIA’s sole option, to (1) procure for you the right to continue using such DIA ART, (2) replace the DIA ART so that the DIA ART becomes noninfringing, or (3) terminate your license to the DIA ART without further obligation to you.
You acknowledge and understand that your Ethereum public address will be made publicly visible whenever you engage in a transaction through the Service. The Service may use other decentralized blockchain-based protocols instead of or as well as Ethereum, or forks of Ethereum or other such protocols.
The Service provides users with a convenient interface that allows users to interact directly with an underlying blockchain. No fiat money or cryptocurrency is stored or handled by DIA at any point. Transactions to create DIA ART take place directly between the user and smart contracts deployed on the underlying blockchain.
You acknowledge and understand that the smart contracts do not give DIA custody, possession, or control of any DIA ART or cryptocurrency at any time for the purpose of facilitating transactions. You affirm that you are aware and acknowledge that the Service is non-custodial in nature and that the Service has been designed to be directly accessible by the users without any involvement or actions taken by DIA. DIA never takes custody of any user’s money, cryptocurrency or DIA ART.
Except to the extent expressly set out in these Terms, you are not allowed to: ‘scrape’ content or store content of the Service on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Service, remove or change any content of the Service or attempt to circumvent security or interfere with the proper working of the Service or the servers on which it is hosted, or create links to the Service from any other website, without our prior written consent. You may however link from a website that is operated by you, provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your website, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Service, and the linked website does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party.
You may only use the Service for lawful purposes, in a responsible manner, and in a way that does not damage our name or reputation or that of any of our affiliates, directors or officers, or any of our licensors. DIA reserves the right to terminate, suspend or restrict your access to the Service if there is reasonable suspicion by us that that the Service or the DIA ART has been or will be used for any illegal, fraudulent, or unauthorized purposes.
All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them, and you may not subsequently use the Service.
All IP rights in any content of the Service (including text, graphics, software, photographs and other images, videos, sound, trademarks, and logos) are owned by DIA or its licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any IP owned by DIA or its licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Service. In the event you print off, copy, or store pages from the Service (only as permitted by these terms and conditions), you must ensure that any copyright, trademark, or other IP right notices contained in the original content are reproduced.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless DIA, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively “DIA Parties”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service or DIA ART, (b) any feedback you provide, (c) your violation of these Terms, and (d) your violation of the rights of a third party, including another user or MetaMask. You agree to promptly notify DIA of any third party Claims and cooperate with the DIA Parties in defending such Claims. You further agree that DIA Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and DIA.
Except as expressly provided to the contrary in a writing by DIA, the service, content contained therein, and DIA ART listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. DIA (and its licensors) make no warranty that the service: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. DIA disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement as to the service, content contained therein, or DIA ART. DIA does not represent or warrant that content on the service and DIA ART is accurate, complete, reliable, current or error-free. We will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained on the service or DIA ART. While DIA attempts to make your access to and use of the service and content safe, DIA cannot and does not represent or warrant that the service, content, any DIA ART listed on our service or our servers are free of viruses or other harmful components. We cannot guarantee the security of any data that you disclose online. 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 unless it is due to our gross negligence.
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 DIA ART, including but not limited to any losses, damages or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped addresses; (b) server failure or data loss; (c) corrupted wallet files; (d) unauthorized access to applications; (e) any unauthorized third-party activities, including without limitation the use of viruses, phishing, bruteforcing or other means of attack against the service or DIA ART.
DIA ART are intangible digital token. They exist only by virtue of the ownership record maintained in the ethereum network. Any transfer of title that might occur in any unique digital token occurs on the decentralized ledger within the ethereum platform. We do not guarantee that DIA or any DIA party can effect the transfer of title or right in any DIA ART.
DIA is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of the DIA ART. DIA is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting DIA ART including forks, technical node issues or any other issues having fund losses as a result.
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.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You accept and acknowledge:
To the fullest extent permitted by law, in no event will dia be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms, the service or third party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if dia has been advised of the possibility of such damages. Access to, and use of, the service or third party sites and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of dia arising out of or in any way related to these terms, the access to and use of the service, content, the creation or purchase of dia art exceed $100.
The foregoing limitations of liability shall not apply to liability of dia for (a) death or personal injury caused by a member of dia’s negligence; or for (b) any injury caused.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
DIA reserves the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability therefore.
Any dispute, controversy, or claim arising out of, or in relation to, these Terms, including regarding the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Arbitration Centre in force on the date on which the Notice of Arbitration is submitted in accordance with those Rules.
The number of arbitrators shall be three.
The seat of the arbitration shall be Zug, Switzerland.
The arbitral proceedings shall be conducted in German.
These Terms, your access to and use of the Service and DIA ART shall be governed by and construed and enforced in accordance with the laws of Switzerland, without regard to conflict of law rules or of the laws of any other jurisdiction that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration, shall be resolved exclusively in the courts of Zug, Switzerland.
Notwithstanding anything contained in these Terms, DIA reserves the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have paid for the creation of DIA ART, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
You agree and understand that all provisions of these Terms shall survive the termination or expiration of these Terms.
These Terms constitute the entire agreement between you and DIA relating to your access to and use of the Service and DIA ART. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of DIA prior, concurrent or subsequent circumstance, and DIA’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms is intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.