Terms and Conditions
Monumental, with registered office 914608211, (hereinafter Monumental) is the owner of the Monumental web site, mobile, tablet, or any other software, tools, features, or functionalities provided on or in connection with Monumental services (hereinafter the Platform) for the demand and supply of NFTs certifying the ownership of digital artworks (NFT in these T&C means a non-fungible token or similar digital item implemented on the Ethereum blockchain, which uses smart contracts to link to or otherwise be associated with certain content or data.).
For purposes of these Terms and Conditions, “user”, “you”, and “your” means you as the user of the Platform.
The following General Term and condition (“T&C”) governs your access and use of the Platform.
Before using the Platform, you are requested to carefully read these T&C. We reserve the right to change or modify these T&C at any time and in our sole discretion. If we make material changes to these T&C, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Platform. By continuing to access or use the Platform, you confirm your acceptance of the revised T&C and all of the terms incorporated therein by reference effective as of the date these T&C are updated. It is your sole responsibility to review the T&C from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Platform.
Info
T&C can be downloaded and printed.
Scope of Application of the T&C
The T&C shall be deemed to be accepted and becomes effective upon receipt by the user of the e-mail from Monumental confirming registration to the Platform.
User may purchase NFTs from the artists and galleries registered and operating on the Platform from time to time (“Sellers”). Monumental acts exclusively as a marketplace provider and is in no way liable for the effective and correct performance of Agreements (term as defined below) by Sellers.
Registration and use of the Platform
In order to use the Platform and purchase NFTs, users must create a personal account by registering on the Platform.
Your personal account will be associated with your blockchain address. You can also add some additional (non-mandatory) information, such as a profile picture or profile description to your account.
You are responsible for providing correct and complete information and for updating it over time, if necessary.
You are responsible for maintaining the confidentiality and security of the access credentials of your account without disclosing them to third parties.
It is not permitted for the same user to create more than one account, to use the accounts of other users or to have their own accounts used by third parties.
Registration and use of the Platform are permitted only to legal entities, or persons over 18-year-old.
Monumental reserves the right to delete certain accounts without giving reasons and to block access to the Platform and to accounts by users at its sole discretion and reserves the right to modify or delete certain functions of the Platform or to integrate new functions and/or to guarantee the use of functions only under certain conditions.
Monumental grants the user a personal, limited, non-exclusive, non-transferable, non-commercial and non-sublicensable licence to use the Platform. This licence does not include any right of resale or commercial use of the services offered through the Platform, nor does it include the right to make any kind of download or copy of account information for the benefit of another operator or to use data mining, robots or similar data acquisition and extraction devices. All rights not expressly conferred by these Conditions of Use shall remain with Monumental.
Monumental reserves the right to take action, including legal action, aimed at protecting its rights and to claim compensation for any damage, both direct and indirect, including any damage to its reputation here are well-founded reasons to believe that it is being used by unauthorised third parties or there are well-founded reasons to believe that it is being used unlawfully and/or illegally by users.
Purchase of NFTs through the Platform
Once you have logged in you can proceed to purchase NFTs from the Sellers autonomously by entering into agreements with Sellers (hereinafter the “Agreement”). Monumental will not be a party to any Agreement.
In the event that the user decides to enter into an Agreement with a Seller, Monumental limits itself to forwarding, by automated means through the Platform, the user’s request to the chosen Seller and to perform the Agreement on behalf of the Seller by delivering to the user, through the Platform, the chosen NFT/NFTs.
Any specific terms and conditions of each Agreement, including the payment of the artist’s royalties (where due), will be indicated on the Platform page, under the Seller’s own responsibility, relating to each NFT offered for sale.
Each Agreement shall be governed by the provisions of the national law of the Seller, but in any case without prejudice to the application of mandatory provisions of consumer protection law, as in force in the country where a user to be qualified as a consumer has his/her habitual residence.
Intellectual property rights and usage
Upon purchasing a Token on the Monumental:
Ownership of the token is acquired, while no intellectual property rights in the Content are obtained. The rights granted include the ability to display the token and resell it, but not to use the Content for commercial purposes.
The original artist retains full copyright in the Content, meaning they can use it for further commercial work without any restrictions imposed by the Token ownership.
Regarding Monumental usage as a buyer or seller:
Users must not infringe upon the Intellectual Property Rights of third parties affected by their use of the Monumental, nor post any content that does not belong to them.
Users must also respect and not infringe upon the Intellectual Property Rights belonging to or licensed to Monumental. Certain actions, such as reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content owned by Monumental or others, may constitute infringement.
In summary, the purchase of a token on the Monumental grants ownership of the Token itself, but not intellectual property rights in the associated Content. The original artist retains copyright and can engage in further commercial usage. Users are prohibited from using the Content for commercial purposes and must respect the Intellectual Property Rights of third parties and Monumental while using the Monumental.
Contents published by the User and/or third parties
The user represents and warrants, in relation to any content relating to the Platform, the Agreements and/or NFTs, wherever posted by him/her/it on the Internet, that such content does not cause prejudice to the rights, including intellectual property rights, of any third party and is not contrary to Monumental Policies.
Should the user believe that any content posted on the Platform by other persons or entities contains a defamatory statement or that any of his intellectual property rights have been infringed by any information on the Platform, user shall contact Monumental at contact@monumental.app, or through messages sent to Monumental’s official social media accounts, as used from time to time (e.g. LinkedIn, Twitter, Instagram, Discord).
Prices and invoicing
The use of the Platform is not subject to the payment of a registration fee.
In relation to NFTs sold by the Sellers, the invoices shall be issued – in full compliance with the rules of their own fiscal regime.
The prices of NFTS offered for sale by the Seller are established independently and indicated on the Platform by the Sellers themselves and already include the fees which is retained by Monumental as a percentage of each payment made:
Each payment includes an artist’s royalty, defined by the artist at creation time of his digital certificate, which shall be automatically credited, by means of the smart contract on which the Agreement is based, to the artist whose artwork is embedded in the NFT sold.
Payments and security of payments
Any payment envisaged by the Agreements shall occur through Ether (i.e. the crypto-currency of the Ethereum network).
It is understood that you shall have and keep active, for the entire duration of the Agreement, an adequate cryptocurrency wallet (hereinafter “wallet”). You are solely responsible for your account and any associated wallet and Monumental is not liable for any acts or omissions by you in connection with your Monumental account or as a result of your Monumental account or wallet being compromised.
By using your wallet in connection with the Platform, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Monumental, and Monumental does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Monumental accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Platform will operate with any specific wallet. You are solely responsible for keeping your wallet secure.
Monumental’s liability
Users are hereby informed and accept that the available payment methods are offered and managed by third parties and that Monumental shall not be liable – for any reason, title or cause whatsoever – for any damage suffered by the users as a result of their malfunctioning or of fraud or other prejudicial events occurring during their use of such payment methods.
Monumental is not party to any agreement between any users. Each user bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that user purchase from Sellers using the Platform and Monumental make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Platform.
Monumental undertakes to use its best endeavors to ensure uninterrupted access to the Platform. However, due to the very nature of the Internet, uninterrupted access and the absence of errors in data transmission cannot be guaranteed.
Monumental is not liable for (i) losses that are not a consequence of Monumental’ s breach of these T&C, (ii) loss of business opportunity or (iii) any other indirect or consequential loss that was not reasonably foreseeable at the time when the user started using the Platform.
Monumental shall not be liable for any delay or non-performance of its obligations under these T&C if the delay or non-performance is due to Force Majeure, except in cases of willful misconduct or gross negligence.
Users are therefore hereby informed and accept that the smart contracts used on the Platform may be subject to some malfunction included but not limited to bugs, hacking and theft, or changes to the protocol rules of the Ethereum blockchain, which can expose users to consequences such as total loss of digital currency or impossibility to use the Platform. To the maximum extent allowed by the law, Monumental assumes no liability for any such circumstance.
User’s obligations and liability
User shall use the Platform in accordance with the applicable laws and regulations, as in force from time to time, and respecting the rights of Monumental and of third parties.
The smart contracts used for the purpose of the automatic performance of the Agreements would not allow, due to their nature, the exercise of the withdrawal right for users.
Intellectual and industrial property rights
The Platform, its contents used by Monumental in connection with its services, are protected by applicable intellectual property rights.
Monumental undertakes no liability for trademarks and other distinctive signs that may be marketed and/or used on the Platform.
Processing of personal data
The personal data of the user relating to the registration and use of the Platform are processed by Monumental as data controller, in accordance with the applicable data protection legislation.
The personal data of the users communicated or otherwise acquired by the Sellers are processed by the latter in their capacity as independent data controllers on the basis of the information that they separately provide to the user.
For further information on the processing of personal data by Monumental, please refer to the Privacy Policy and Cookie Notice.
Language
The Platform is available in English.
Applicable law and competent court
Without prejudice to any mandatory provisions of consumer protection law, as in force in the country where a user acting outside his/her trade or profession and therefore to be qualified as a consumer has his/her habitual residence, the Platform Agreement between the User and Monumental is subject to the French law.