Terms of Service

Welcome to Pianity! Pianity is a web application and a marketplace developed for Artists and Collectors. We enable Artists and in particular, musicians, to sell their digital creations to Collectors on a digital marketplace. Collectors may trade, transfer, sell, and proudly display their collected pieces on the platform.

Definitions

  • Buyer Refers to the User acquiring an Artwork on Pianity’s Marketplace.
  • Artworks Refers to the digital cards featuring a track and a cover that are available withing the Service, as well as the underlying tokens that can be used on a blockchain.
  • Cryptocurrency Refers to any a digital asset designed to work as a medium of exchange on blockchain and accepted in payment throughout the Services.
  • Currency Refers to any currency being legal tender (euro, dollar, etc.).
  • Marketplace Refers to the service offered by Pianity that allows Users to exchange or sell Collectibles amongst them.
  • NFT Refers to the Non-Fungible Token (also known as Crypto-good or Crypto-collectible) which represents on blockchain the Artwork digital card. This token ensures the scarcity of the Artwork and the transparency of the service.
  • Seller Refers to the User offering to sale his own Artwork on the Service’ Marketplace.
  • Services Refers to every services accessible on pianity.com with a User account, namely the sales section, the Marketplace, the gallery and the game arena.
  • Terms of Use These Terms of Use constitute a legally binding agreement between you and Pianity (as defined above) governing your access to and use of the Website and all associated services (hereinafter, the "Services").
  • Third-Party Services Refers to the services not operated by Pianity, but use to provides content or additional features to the Users such as payment service, content on players, marketplaces of artworks, etc.
  • User Refers to any natural person or legal person using the services offered by the Service or visiting its website with a full legal capacity and who is not acting for purposes relating to his trade, business, craft or profession.
  • Website Refers to the website pianity.com including any subdomains thereof, and any other websites through which Pianity makes its services available.

Account

To use Pianity you must create and account and secure it.

Creation and access

Any User can create an account on the Service by:

  • providing his/her username, e-mail address; and
  • choosing a strong password;
  • accepting the Terms and conditions.

The Service shall not be held liable for the loss or theft of a password by the User, or by the resulting account impersonation.

It is the User's responsibility to take all measures to secure access to this data.

Deletion

The User may, at any time, request the deletion of his/her account under the conditions set out by the Website.

The deletion of an account irreversibly leads to the deletion of all its data, as well as the associated Wallet and Collectibles stored. We can provide assistance in moving their Collectibles on an external wallet before the deletion procedure.

The Service shall not be held liable, in any circumstances, for the loss of Collectible arising from the User’s account deletion.

Wallet

The Service provides each account with a unique Wallet to ensure the conservation and the use of Collectible and Cryptocurrency within the Service.

Users are also able to connect their own wallet (such as ArConnect). External wallets relies on an experimental technology independant of the Service. Therefore, the Service should not be held liable for any technical default, hacking or loss of the data stored on the Wallet.

Users are free to use the Wallet to execute transactions within the Service. He/She may credit or debit the Wallet with his/her own Cryptocurrency and Collectibles at any time, within the limits defined by the Service.

Services

Issuance of Artworks

The Service offers Artworks for sale by way of auctions in which the Service only sets the floor price before Users bid up for a specified period of time. The Buyer is the last bidder. There is no reservation price.

During the auction process, the Service keeps the Cryptocurrency funds under escrow to ensure payment. The funds of participants other than the Buyer are automatically given back at the end of the sale.

The Service collects a fee from the sale price of the Artwork automatically at the end of the auction. The amount of this commission is specified in the FAQ and may be changed at any time by the Service.

Given the digital nature of the Artwork, the withdrawal period provided for in Articles L. 221-18 et seq. of the French Consumer Code and the article 9 of the European directive related to Consumer Right Protection shall no apply.

Artwork features and characteristics

Artwork are issued by the Service based on a level of scarcity specified on each item. For instance, a Collectible may be rare, super rare or unique, regarding the total number of items offered. The scarcity of an Artwork is guaranteed by the underlying NFT, that can be monitored directly on blockchain.

Artwork card effigies are allowed under agreements between the Service and the natural or legal persons concerned. All contractual provisions between the Service and these persons are enforceable against Users.

User has the possibility to withdraw his/her Artworks from the Service's account, as well as to exchange his/her Artworks on the Service's Marketplace.

Support

Support is available at this email address: hello@pianity.com.

The Service undertakes to respond as quickest as possible, depending on the number of requests in process.

Liability of the Users

The User guarantees the Service against any breach, exceeding the foreseeable risk, that could result from the use of the Service by a User.

The User undertakes to use the Service only in accordance with the Terms of Service. It is not authorized to reconstruct the Service, decompile, disassemble or circumvent the technical restrictions it contains, except to the extent that such operations would be permitted by applicable laws. It is also prohibited to lend, rent, lease, resell, transfer or host the Service to or for third parties, unless expressly authorized by the Service.

The User guarantees the Service against fraudulent, unfair or bad faith use of the service, in particular if this interferes with the use of the service by other Users.

The Service reserves the right to suspend or delete a User's account in violation of these Terms of Service, without prior notice or compensation.

Liability of the Service

Service Content

As a hosting provider, the Service is subject to a limited liability regime as provided by the EU Directive of the 8 june 2000 (2000/31/EC) on E-commerce.

Therefore, the Service cannot be held liable for the content released by the Users as well as the contents exchanged between them and gives no guarantee, express or implicit, in this respect. The Service is a third party to Users relationships and thereby excludes any liability in this regard.

Liability limitation

The Service undertakes to implement all the necessary means to ensure the best delivery of the services provided. However, the Service can only be bound by an obligation of best endeavor.

In the event of failure of the Service, it shall be liable only for direct and reasonably foreseeable damage, unless otherwise provided by law or regulation. Indirect damages that may result from failure or use of the Service are expressly excluded.

In any event, the Service may not, unless otherwise provided by law or regulation, be held liable beyond the amounts invoiced to the User by the Service during the last twelves months.

In particular, the Service shall not be held liable for:

  • breakdowns or malfunctions of the services offered that are not the responsibility of the company;
  • data losses of Users not being imputable to it;
  • an unusual or illegal use of the services offered, by a third party or by a User;
  • direct or indirect damage resulting from the use of the Service offered;
  • a malfunction or cyber attack;
  • an adverse event during the auction, both in the course of the process and at the stage of establishing the floor price and the final price ;
  • any case of force majeure, within the meaning of Article 1218 of the French civil code, including a failure of the Blockchain protocol used to run the Service.

Pianity items

All Artwork on the Pianity Platform is represented by a unique cryptographic token exclusively Minted by one of the Pianity's approved Artists. Each Pianity Item is Minted by an Artist using the Pianity Smart Contracts based on an Artist's original Artwork. Pianity Items are forever tracked and stored on the Arweave blockchain, providing the Collector of a Pianity Item with a permanent record of authenticity and ownership.

Creating Pianity Items

Only Artists invited and approved by Pianity are able to use the Platform to “Mint” and sell Pianity Items. Artwork Minted and sold on the Pianity Marketplace includes, but is not limited to: visual works, audiovisual works, animations, audio, photographs, 3D works, GIFS, and other creative digital works.

Applying to be a Pianity Artist

Artists seeking an invitation to create and list works for sale on the Pianity Platform must submit a Request found here.  Pianity has unilateral discretion in curating its Artist Network and makes no guarantees or promises that any Artists will be approved, even if the Artist was invited by a member of the Pianity Team to submit the Request.

Artist Whitelisting and Minting

Approved Artists are “Whitelisted” and granted permission to Mint Pianity Items using one or more of our Smart Contracts.  To create a Pianity Item, Approved Artists must upload an original digital Artwork, provide information about the artwork, authenticate the work, initiate a request to a token Minting Smart Contract and the Artist has Minted a unique, cryptographic token representing a digital version of the artwork.

Artist Agrees to Mint only “Original” Works

By Minting a Pianity Item, Artists expressly represent and warrant that their Work is an original creation.  Artists are prohibited from Minting Works consisting of unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Artist, not authorized for use by the Artist, not in the public domain, or otherwise without a valid claim of fair use.  Artist can only mint works that they personally created and must refrain from minting works to which copyright ownership is unknown or disputed (i.e., commissioned works or “works made for hire”).

Copyright is the law of art. As a digital art platform, we take copyright law seriously and encourage our Artists and Collectors to learn more about their rights.

Artists Must Have Authority to Mint, Display, and Sell the Work

Artist expressly represents and warrants that works Minted on the Pianity Platform contain only original artistic content otherwise authorized for use by the Artist.  To the extent a Work contains unoriginal content, including content from Works by other Pianity Artists, the Minting Artist further represents and warrants that it has permission to incorporate the unoriginal content.  Artist represents and warrants that the sale, display or performance of minted Pianity Item on the Platform is not a violation of any agreement, contract, or obligation owed to a third-party.

Artists May Be Removed from the Platform

Failure to abide by these Terms may result in, without limitation, suspension or deletion of the Artist’s account, revocation of the Artist’s minting privileges and other permissions to the Pianity Smart Contracts or Platform, delisting the Artist’s items on the Site, or paying monetary damages.  Pianity has the unilateral authority and discretion to remove, suspend, or revoke Artists’ access to the Pianity Smart Contracts or any other aspect of the Platform.

Artist Indemnifies and Releases Pianity

Artist hereby agrees to indemnify Pianity and be held liable for any claim against Pianity arising out of the Artist’s breach of these Terms.  Artist hereby releases and forever discharges Pianity from any damages or causes of action resulting from a sale of any of the Artist’s listed Pianity Items occurring after the Artist’s breach of these Terms.

Pianity Marketplace Prices & Fees

Every transaction on the Pianity Marketplace is subject to Fees collected to support the Artists and the Pianity Platform.  Pianity collects a 3% Marketplace Fee in addition to the Sales Price for every Sale of a Pianity Item on the Marketplace.

The amount of Fees for the sale of a Pianity Item also depends on whether the transaction involves the Pianity Item’s first sale (“Primary Sale”) or a subsequent sale in the secondary market (“Secondary Market Sale”).  All Fees are collected and distributed at the time of the purchase of a Pianity Item by operation of the Smart Contracts.

Users Agree to the Automated Collection and Disbursement of Fees by the Smart Contracts

The User agrees and understands that all fees, commissions, and royalties are transferred, processed, or initiated directly through one or more of the Smart Contracts on the Arweave blockchain network. By transacting on the platform and by using the Smart Contracts, the User hereby acknowledges, consents to, and accepts all automated fees, commissions, and royalties for the sale of Items on the Pianity Platform. The User hereby consents to and agrees to be bound by the Smart Contracts’ execution and distribution of the fees, commissions, and royalties. Users hereby waive any entitlement to royalties, commissions, or fees paid to another by operation of the Smart Contracts.

The User consents to the automated collection and disbursement to Artists of royalties for Secondary Market sales of Pianity Items. The User hereby waives any first sale defense or argument with respect to Secondary Market activities resulting in a royalty to a Pianity Artist.

Taxes

Users are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, “ associated with your use of the Platform (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any artworks).

Intellectual property

Users' content

The User grants to the Service the right of exploitation, transferable, free of charge, for the whole world on the content he/she produces on the Service.

The rights thus granted may be used by the Service for promotion and advertisement of the content, as well as to broadcast on social networks.

Service content

All intellectual property rights on the website content, excluding the Users generated content, are the Service property. They are provided free of charge within the exclusive framework of the use of the Service. Therefore, any use of these contents without the prior permission of the Service is unlawful.

The Service is the service’s database producer. Any unauthorized extraction or reproduction is prohibited.

Privacy policy

Personal data

The Service is required to collect some Users’ personal data, by any means and, in particular, during the User account creation. The communication of the personal data requested by the Service by Users is strictly necessary for the services performance. Therefore, its communication is essential for the fulfillment of the parties’ contractual obligations. Consequently, without the requested information communication, the Service will not be able to establish contractual relations with the User.

Users agree that their personal data will be transmitted by the Service to other Users or, if needed, to their representatives, for the sole purpose of enabling the Service performance and under the provided conditions for herein.

The personal data collected by the Service shall be stored for the time necessary to fulfill the Parties contractual obligations, subject to the legal obligations of the Service.

The Service implements appropriate technical and organizational measures to ensure the security of personal data collected from its Users. However, in case of doubt by the User on the security of the protection of his personal data and in particular, on the security of his personal account, the User agrees to expose his situation to the Service as soon as possible.

Users have the right to access, rectify and delete their personal data. Anyone may also, for legitimate reasons, oppose the processing of their data. Users may exercise these rights at any time by sending their request to the following email address: hello@pianity.com.

Cookies

During the consultation of the Service, cookies may be registered on the User's electronic communications equipment to make the website use easier and to collect statistics relating to attendance and access.

Cookies are text files that the website records on the terminal from which it is accessed in order to store various technical data to facilitate the website use and to collect statistical information about its Users.

Users are informed beforehand of the store on their terminal information. Users are free to accept or refuse the storage of cookies. Continuing to navigate on the website after having been informed means that the User accepts the data collection.

The Service may contain hypertext links redirecting to third party sites. The Service has no control over these sites and declines all responsibility for access, content or use of these sites.

This agreement will be governed by and constructed in accordance with the laws of France. The French Courts will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this Agreement and any matter arising from it