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General ConditionsWelcome, to access the MarketPlace you must accept these General Terms and Conditions, which apply to it and which we invite you to read carefully.
1. Purpose of the General Conditions and their acceptance
In this section, we explain the purpose of the General Conditions, the main definitions used, the acceptance process, and the possible application of other conditions linked to these.
More information1.1 PurposeThe purpose of these Terms and Conditions is to regulate the use of the NFT MarketPlace of Telefónica Innovación Digital S.L. ("Telefónica") for the provision of the Service consisting of viewing, browsing, creating, editing, publishing, unpublishing, buying, and selling NFT.
Know more1.2 DefinitionsIn this section, you will find the main definitions of the terms used in the Terms and Conditions, including Blockchain, Cryptocurrency, NFT, Smart Contract, Wallet, and other terms related to the MarketPlace. Capitalized terms are defined in these Terms and Conditions.
Know more1.3 AcceptanceYour acceptance of these Terms and Conditions is required to access the functionalities of the MarketPlace and to provide you with the Service.
Know more1.4 Other related conditionsThe use of the MarketPlace and provision of the Service may be subject to other special conditions that may be made available to you when applicable, in which case you will be required to accept them.
Know more2. Description of the service and requirements
The MarketPlace is a digital marketplace that allows users to exchange NFTs through the services available for the creation and sale of NFTs and the possibility of accessing it by connecting a Wallet for purchase.
More information2.1 Requirements for using the ServiceTo access the MarketPlace and receive the Service it is essential to meet a series of requirements, including being of legal age and having sufficient capacity to act, possession of a Wallet, and the creation of an account in the case of being a creator of NFTs.
Know more2.2 FunctionalitiesThe MarketPlace provides you with the following functionalities: the creation of User Creator; creation of Collections; creation of NFT; edition of Collections and NFT; publication of Collections; unpublication of Collections; republication of Collections; hiding of NFT, creation of User Buyer; purchase of NFT; and sale of NFT and Collections.
Know more2.3 Excluded aspectsSome aspects are not regulated in these General Conditions and you can consult in this section.
Know more3. Commencement of the service and duration
The General Conditions come into force at the moment of acceptance and will remain in force indefinitely, as long as you do not request your cancellation or any of the circumstances that lead to the definitive interruption of the Service occur.
More information4. Financial conditions
The purchase of the NFTs carries a price, which must be paid at the time of purchase and which will require the acceptance of additional terms of purchase. A variable, Telefónica-independent Gas Cost is also applicable to the purchase of the NFT and will be disclosed at the time of purchase.
More information5. Commitments and obligations
In this section, we explain the commitments that you acquire as a user of the MarketPlace and those that we acquire in Telefónica as suppliers of the same.
More information5.1 Obligations of the USERAs a User of the MarketPlace, you undertake to use it responsibly and following the applicable regulations and these General Conditions. You are also responsible for your Wallet and your Account.
Know more5.2 Obligations of TELEFÓNICAWe undertake to provide the Service to you on the terms and conditions agreed in these Terms and Conditions and to keep the Service operational.
Know more6. Information Requirements
We may request certain information from you that is necessary to comply with applicable regulations.
More information7. Protection of personal data
The regulations governing the processing of your data as a MarketPlace User can be found in the Privacy Policy, accessible through this link: NFT Marketplace (telefonicamarketplace.com).
More information8. Correct use of the services
You must make responsible use of the MarketPlace and the functionalities offered therein, as well as assume the commitments detailed in this clause. Otherwise, we may terminate you, remove or block your Content, limit your access to the functionalities, limit your actions on the NFTs and any other action we deem necessary.
More information9. Intellectual and industrial property
This section regulates the industrial and intellectual property rights of the MarketPlace actors.
More information9.1 From TELEFÓNICAWe inform you that we are the owners or have the rights over the Industrial and Intellectual Property Rights of all the elements that make up the MarketPlace, as well as its developments. To enjoy the functionalities of the MarketPlace, we grant you a license for use following the conditions set out in this section.
Know more9.2 From the USERYou guarantee that you are the owner or possess the rights to the Industrial and Intellectual Property Rights of the Content that you create, send, publish, promote or display through the MarketPlace, for which you grant us a license under the conditions set out in this section.You are also advised that the transfer of an NFT does not transfer the Intellectual Property Rights in the Underlying Asset.
Know more9.3 Claims for infringement of Intellectual and Industrial Property Rights.We provide you with a mechanism for claims for infringement of Intellectual and Industrial Property Rights.
Know more10. Third-party content
The MarketPlace may contain links and third-party content over which we have no control and for whose access we are not responsible. In addition, the purchase of the NFTs may be subject to additional terms and conditions between the buyer and seller to which we are not a party.
More information11. Final discontinuation of the service
We may discontinue the service at your request, at Telefónica's unilateral decision, or in the event of a breach of the General Terms and Conditions.
More information12. Indemnity
You agree to hold us harmless and indemnify and hold us harmless from and against any claims arising out of or related to any misuse of the MarketPlace, the Service, the NFTs, and its Content; comments or actions against Telefónica; violation of the Terms and Conditions or applicable law; violation of the rights or obligations of any third party; or negligence or willful misconduct.
More information13. Disclaimer of Warranties, Disclaimers, and Limitation of Liability
This section governs Telefónica's disclaimers of warranties, disclaimers of liability, and limitation of liability in connection with our provision of the Service on the MarketPlace.
More information13.1 Disclaimers of WarrantiesYour access to and use of the Service and MarketPlace and its features is at your own risk and responsibility. We are not responsible for your use of the Service and MarketPlace, your use of and transactions with your Wallet or the NFTs and Blockchain with which you interact; and we disclaim any liability because the Service and/or the MarketPlace do not meet the description given; are not available on an uninterrupted basis; are not accurate, or cannot be used in any geography or on any device.
Know more13.2 DisclaimerWe do not warrant that the Service is free of viruses or other harmful components and cannot guarantee the security of the data you disclose because of the risks inherent in the online sharing of information and the use of Blockchain. We shall not be liable for any loss or damage, force majeure events, and any other claims related to or arising out of these Terms and Conditions.
Know more13.3 Limitation of liabilityOur liability is limited to the amount received by Telefónica for the provision of the Service related to the subject matter of the Claim.
Know more14. Prevention of money laundering
As a User of the MarketPlace, you warrant to us that the addresses associated with your Wallet used for connection or interaction with the MarketPlace, as well as the creation and receipt of NFTs, are not associated with risk entities or events.
More information15. Assumption of Risk
You agree and acknowledge that the use of the MarketPlace involves several risks inherent in the use of Blockchain, NFT and Cryptocurrencies and that the Service may be affected by external events, Telefónica's relationships with third parties, or otherwise.
More information16. Assignment of the Agreement
We may assign these Terms and Conditions to any Telefónica Group company, in which case we will notify you. You may not assign these Terms and Conditions or the rights and licenses granted under them without our consent.
More information17. Notifications
We may contact you by email, through the MarketPlace portal, or by posting on any of our websites. You are responsible for keeping your contact information accurate and up to date.
More information18. Modification of the General Terms and Conditions
We may modify these General Terms and Conditions unilaterally. If you continue to use the Service after a modification, you will be deemed to accept the changes.
More information19. Security and cooperation with authorities
We have robust measures in place to ensure the security, confidentiality, and privacy of information and may establish fair use policies with which you must comply. We may bring any violations to the attention of law enforcement authorities.
More information20. Miscellaneous
If any provision of these Terms and Conditions is found to be invalid, the remaining provisions shall not be affected. These Terms and Conditions and their references constitute the entirety of your agreement with Telefónica and, in the event of termination, those terms which have been determined to survive or which by their nature should survive will survive.
More information21. Contact, Customer Service and Complaints
You may contact us for any purpose related to the MarketPlace by email: marketnft@telefonica.com.
More information22. Applicable law and dispute resolution
These Conditions are governed by Spanish law and any dispute that may arise about the same shall be subject to the jurisdiction of the Courts and Tribunals of Madrid, Spain.
More information
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