This website is owned and operated by Paloceras, and provides an online platform for the sale of high-end design products. By using this website and/or placing an order, you agree to be bound by the terms and conditions set out below.
Last updated: March 29, 2023
Paloceras Digital Collectibles Terms and Conditions (collectively "Terms & Conditions") by Paloceras LDA, Rua Hermano Neves N18 Piso 3-E7, 1600-477 Lisboa, Portugal, include the following:
The following terms have the following meanings: "Art" means any art, design, trademark, product design, video, animation, logo, drawings and/or other digital content owned by or licensed to Paloceras and linked to an NFT that you Own. Paloceras reserves the right to modify the Art at any time. "NFT" or '' Digital collectible'' means any blockchain-tracked, non-fungible token, digital collectible such as those conforming to the ERC-721 and ERC-721A standard. "Own" means, with respect to a Digital collectible, a Digital collectible that you have lawfully and rightfully purchased or acquired from a legitimate source, where proof of such acquisition or purchase is recorded on the corresponding blockchain. “Extensions” means third party designs that: (i) are intended for use as overlays or extensions to the Art, (ii) do not modify the underlying Art, and (iii) can be removed at any time without affecting the underlying Art. "Purchased NFT" or ''Purchased Digital collectible'' means a Digital collectible that you Own. "Third Party IP" means any third-party intellectual property rights and/or third-party patents including, but not limited to, rights in inventions and utility models, service marks, discoveries, rights in designs, trade names, patents, trademarks, logos, copyrights, signs, devices, associated goodwill, rights in confidential information and know-how subsisting anywhere in the world, whether registered or not.
''NFT'' and ''Digital collectible'' are used interchangeably.
You acknowledge and agree that Paloceras (or, as applicable, its licensors) owns all legal right, title, ownership and interest in and to the Art, and all intellectual property rights therein. The rights that you possess in and to the Art are limited to those detailed in this License. Paloceras preserves all rights in and to the Art not explicitly granted to you in this License.
Subject to your continued compliance with the terms of this License, Paloceras grants you a worldwide, non-exclusive, non-transferable, royalty-free license to use, copy, and display the Art for your Purchased Digital collectible(s), along with any Extensions that you choose to use or create, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Digital collectible(s), provided that the marketplace cryptographically verifies each Digital collectible owner’s rights to display the Art for their Purchased Digital collectible(s) to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Digital collectible(s), provided that the website/application cryptographically verifies each Digital collectible owner’s rights to display the Art for their Purchased Digital collectible(s) to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased Digital collectible leaves the website/application. The license to display the Art for the Purchased Digital collectible is automatically and always transferred with the Digital collectible as provided below in Section 4. Otherwise the license to display the Art for the Purchased Digital collectible is non-transferable.
The license granted in Section 3 above applies only to the extent that you continue to Own the applicable Purchased Digital collectible. If at any time you sell, trade, gift, donate, give away, transfer, or otherwise dispose of your Purchased Digital collectible for any reason, the license granted in Section 3 will immediately expire with respect to those Digital collectible(s) without the requirement of notice, and you will have no further rights in or to the Art for those Digital collectible(s).
You agree that you may not, nor allow any third party to do or attempt to do any of the following without Paloceras's prior written consent in each case: (i) modify, change, distort or perform any other change to the Art for your Purchased Digital collectible in any way, including, without limitation to, the designs, shapes, drawings, attributes, or colors; (ii) use the Art for your Purchased Digital collectible(s) as a brand or trademark or to advertise, market, or sell any third party product or service; (iii) use the Art for your Purchased Digital collectible(s) in connection with images, videos, or other forms of media that depict hatred, violence, intolerance, cruelty, or anything else that could justly be found to constitute hate speech or otherwise infringe upon the rights of others or promote illegal activities; (iv) use the Art for your Purchased Digital collectible(s) in movies, videos, or any other forms of media, except solely for your own personal, non-commercial use; (v) sell, distribute for commercial gain (including, without limitation to, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art for your Purchased Digital collectible(s); (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art for your Purchased Digital collectible(s); (vii) use the Art for your Purchased Digital collectible(s) in connection with dishonest, defamatory and/or dishonest statements about Paloceras and/or its affiliated companies or which otherwise damage the goodwill, reputation or value of Paloceras or represent or imply that your exercise of the license in Section 3 is endorsed by Paloceras and/or its affiliated companies; or (vii) otherwise utilize the Art for your Purchased Digital collectible(s) for your or any third party's commercial benefit. To the extent that Art associated with your Purchased Digital collectible(s) contains Third Party IP (e.g., licensed intellectual property), you understand and agree as follows: (w) that you will not have the right to use such Third Party IP in any way except as incorporated in the Art, and subject to the license and restrictions contained herein; (x) that, depending on the nature of the license granted from the owner of the Third Party IP, Paloceras may need to pass through additional restrictions on your ability to use the Art; and (y) to the extent that Paloceras informs you of such additional restrictions in writing (email is permissible), you will be responsible for complying with all such restrictions from the date that you receive the notice, and that failure to do so will be deemed a breach of these Terms and Restrictions. The restrictions in Section 5 will survive the expiration or termination of the license granted in Section 3. The Digital collectible, and any product or service related to the Digital collectible, is not available to certain individuals, countries, and/or territories deemed sanctioned by governing bodies. Please refer to the sanction websites for the United States, countries of the European Union, and Switzerland for up-to-date lists. Paloceras will not be held liable for any losses suffered by any party in the aforementioned countries or territories in connection with any order placed for products or services, including Digital collectible(s), described on this website/application.
6. Limitations and no right to trademark.
In addition to what's stated in Section 5, the license granted in Section 3 does not permit you to: (i) use the Art to create new Digital collectible(s); (ii) create derivative works based on the Art; (iii) use any Paloceras trademarks in conjunction with your exercise of the license under Section 3. You are not granted any license to use Paloceras trademarks. You may not use or attempt to register any asset, including domain names, social media accounts, or related addresses, that feature any artwork, name, or mark that could be mistaken for Paloceras trademarks. The limitations in Section 6 will survive the expiration or termination of the license granted in Section 3.
7. Termination and consequences
The license described in Section 3 is only valid if you have lawfully and rightfully purchase or acquired the Digital collectible and continue to Own the relevant Purchased Digital collectible. If you sell, trade, donate, transfer, or otherwise dispose of your Purchased Digital collectible, the license in Section 3 will immediately expire for those Digital collectible(s) without any notice required, and you will not have any further rights to the Art associated with those Digital collectible(s). The license granted in Section 3 will also terminate automatically, and all rights will revert to Paloceras, if: (a) you violate any of the Terms, which includes any unauthorized transfer, sale, donation, or other disposal of the Purchased Digital collectible; (b) you engage in any illegal business activity related to the Purchased Digital collectible, or (c) other circumstances arise that make it unreasonable to uphold the agreement until the next regular effective date of termination. If you did not lawfully and rightfully obtain the Digital collectible, or if the license granted in Section 3 is terminated, Paloceras may deny any further access to benefits, services, or goods related to the Digital collectible. You must also delete, remove, or destroy any backup or single digital copy of the Art.
8. Disclaimer of warranties
These terms and conditions shall be governed by and construed in accordance with the laws of Portugal. Any dispute arising out of or in connection with these terms and conditions shall be resolved in accordance with the laws of Portugal. By purchasing the Digital collectible(s), you acknowledge that you accept them "as is" without any express or implied representation or warranty of any kind, except for any statutory warranty rights you may have under applicable law. Due to the nature of digital collectibles, we do not offer returns or refunds. All sales of digital collectibles are final.
9. Assumption of risk
You agree as follows: (i) The market for blockchain assets is highly volatile and any changes in the price of digital assets, including Purchased Digital collectible(s), can adversely affect their value, and Paloceras does not guarantee the value or retention of any value for Purchased Digital collectible(s); (ii) There are inherent risks involved in using internet-native assets such as non-fungible tokens and cryptocurrencies, including risks associated with hardware, software, internet connections, and potential unauthorized access to digital wallets. Paloceras is not liable for any such risks or damages; (iii) Paloceras does not make any promises or guarantees regarding the availability of the Art or its hosting on the internet for any specific period of time; (iv) Upgrades, hard forks, or failure of the Ethereum platform or changes in its transaction confirmation process may have unintended, adverse effects on all blockchains using such technologies, including Purchased Digital collectible(s); (v) NFTs are intended solely for entertainment purposes; (vi) Paloceras is not responsible for any transactions between you and third parties (e.g., purchasing a Purchased Digital collectible from a third party on the secondary market) or any consequences of such transactions, including any costs or taxes due, and Paloceras shall have no liability in connection with such transactions or their consequences.
10. Right of withdrawal for EU citizen.
by Legislative Decree No 21/2014 which transposed Directive 2011/83/EU on consumer rights, Paloceras LDA grants consumers the right of withdrawal in accordance with the following provisions:
Model instructions on withdrawal and Right of withdrawal.
As a European or UK citizen, you have the right to withdraw from this contract within 14 days without giving any reason as by Legislative Decree No 21/2014.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us:
Address: [Paloceras LDA, Rua Hermano Neves N18 Piso 3-E7, 1600-477 Lisboa, Portugal]
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). In doing so, please state: date, name of consumer(s), address of consumer(s), signature of consumer(s) if this form is notified on paper.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal as follows: if you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
10. EU dispute resolution
Per Art. 14 (1) of Regulation (EU) No. 524/2013 on Online Dispute Resolution (ODR Regulation), Paloceras is obligated by law to provide You with information about the European Online Dispute Resolution platform (ODR platform) of the European Commission. The ODR platform can be accessed at https://ec.europa.eu/consumers/odr. Paloceras does not engage in consumer arbitration proceedings nor is it required to do so.
Changes to Terms and Conditions
We reserve the right to make changes to these terms and conditions at any time. Your continued use of the website following the posting of changes constitutes your acceptance of the new terms and conditions.