Terms of Service
Last Update on 2022-07-30
THE TERMS CONTAIN AN AGREEMENT THAT ANY CLAIMS AGAINST MANESLAB MUST BE RESOLVED THROUGH BINDING ARBITRATION INSTEAD OF IN A COURT OF LAW. THIS MEANS THAT THE PERSON WILL NOT BE ABLE TO HAVE THEIR CLAIMS RESOLVED BY A JURY OR IN A COURT OF LAW.
We reserve the right to alter or amend any part of these Terms whenever we see fit, and at our sole discretion. If we do this, we'll display the updates on this page and let you know when these Terms were last updated at the top of the page. Additionally, we'll let you know via the Platform's user interface, an email, or some other practical method. Any such modifications will take effect no sooner than fourteen (14) days after they are posted, with the exception that modifications addressing new Platform functionalities will take effect right away. You agree to the amended Terms of Service if you continue to use the Platform after the date on which any such changes take effect.
ManeSTUDIO and ManeSPACE are products developed by ManesLAB, providing a platform for users, including artists ("Creators") and collectors ("Collectors"), to create, sell, list, and purchase on (each a "Transaction") Digital Artwork (as defined below).
- 1.Support for smart contracts: On the Platform, "Digital Artwork" refers to a non-fungible Blockchain-based token that makes use of smart contracts ("Smart Contracts"). A permanent record of all transactions made on the blockchain is provided by the blockchain. This implies that any digital artwork is susceptible to several dangers and uncertainties and is not within the control of ManesLAB. We do not own or control MetaMask, Coinbase, the Ethereum network, the Collection Smart Contracts (as defined below), your browser, or any other third-party website, product, or service that you may access, visit or utilize to use any of the Platform's services. We won't be responsible for any of these third parties actions or inactions, and we won't be responsible for any harm you might sustain as a result of your dealings or other interactions with any of these third parties. You are aware that every time you conduct a Transaction on the Platform, your public address might become publicly available, depends on the selected blockchain.
- 2.Noncustodial: ManesSPACE provides a primary sale marketplace for digital art, but it never buys, sells, or otherwise takes ownership of any digital art. Although the Platform makes it easier for users to gather digital art, neither ManesLAB nor the Platform is the custodians of any particular digital art. The user is aware of this and agrees that ManesLAB does not ever get custody, possession, or control of any digital artwork or cryptocurrency through the use of smart contracts to conduct transactions on the platform. You declare that you are conscious of the fact that ManesLAB is a non-custodial service provider and that the Platform was created so that users may use it directly without the participation of ManeSTUDIO, ManeSPACE, or any other third party. While facilitating transactions between users on the platform, ManeSTUDIO and ManeSPACE are not parties to any contracts made between any vendors, purchasers, creators, collectors, or other users. ManesLAB is a marketplace, thus it cannot promise or suggest that users or creators will accomplish a certain result by listing their digital artwork or partaking in any other transaction on the platform.
- 3.Permissionless: ManeSTUDIO and ManeSPACE open and welcome to everyone, we do not require either permission or application to use the platform. A KYC verification process is also not introduced. Therefore, ManeSTUDIO and ManeSPACE are not responsible and do not have total control over user generated content.
- 1.Minimum Age Requirement: The Platform is accessible to everyone without requiring an account. To utilize and access some elements of the Platform, such as participating as a Creator or Collector, you must be at least 13 years old; to purchase any Digital Artwork launched and listed on ManeSPACE, you must be at least 18 years old. You must have the express consent of a parent or legal guardian who may accept these terms on your behalf if you are between the ages of 13 and 18. You are accountable for both the security of the account and everything that happens when someone signs into your account.
- 2.Account, Password, and Security: You are entirely responsible for any and all activities that happen while using your password or account, including keeping your account and password, if any, secure.
By setting up the account, you agree to:
- Inform ManeSTUDIO and ManeSPACE as soon as you become aware of any unauthorised use of your password or account or any other security lapse.
- ManeSTUDIO/ManeSPACE will not be held responsible for any loss or damage resulting from your breach leaded by private key leak/seed phrase leak and compromised crypto wallet.
Crypto Wallet Connection: In order to participate as a Creator or Collector on the Platform, you must link your account to a digital wallet that is compatible with MetaMask, WalletConnect, or other wallet extensions or gateways that the Platform permits. Depending on the blockchain you choose, these digital wallets enable you to buy, store, and conduct transactions using the native cryptocurrency. Depending on the chosen blockchain, all transactions on the platform are made in the native tokens.
Platform Modifications: ManeSTUDIO and ManeSPACE reserve the right to change or eliminate the Platform (or any portion of it), temporarily or permanently, with or without warning. You acknowledge that any change, suspension, or discontinuance of the Platform will not subject ManeSTUDIO and ManeSPACE to any liability to you or any other party.
You agree not to:
- participate in any type of misleading or manipulative trade, including posting false bids or offers, stopping bids, bidding on your things, or using the platform to hide your business activity;
- Produce, generate, upload, and distribute any content, including user content (as defined below), that violates the intellectual property or other proprietary rights of any party (ii) You lack the authority to do so under any legal provisions, contracts, or fiduciary obligations; (iv) constitutes a danger to anyone's privacy or security; (iii) includes computer code, files, or programs that can disrupt, restrict, or destroy the operation of any computer software or hardware or telecommunications equipment; (vi) is illegal, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invading another person's privacy, hateful racially, ethnically, or otherwise objectionable (including, but not limited to, threats, abuse, harassment, commercial activities and/or sales, chain letters, pyramid schemes, contests, sweepstakes, or any other form of solicitation);
- Disobey any rules, procedures, policies, or regulations of networks connected to the platform; interfere with or disrupt the platform, servers, or networks in any way that could adversely affect or prevent other users from fully enjoying the platform; damage, disable, overburden, or otherwise impair the platform's functionality;
- Violate any relevant local, state, national, or international law or any regulations with legal force, such as but not limited to the government officials;
- Produce, generate, upload, distribute or list counterfeit items or assets;
- Pretend to be someone or something else, or fraudulently claim or otherwise indicate your association with someone or something;
- Soliciting personal information from anyone under the age of 18; gathering email addresses or other user contact details from the Platform using electronic or other methods in order to send unsolicited emails or other unwanted messages;
- Promote the sale or purchase of any products or services for any non-authorized commercial purpose;
- Obtain, attempt to access, or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform; further or promote any criminal activity or enterprise or offer educational information about illegal activities, including hiding economic activity, laundering money, or financing terrorism;
- Use any bots, script, site search/retrieval software, or other tools to retrieve or index any material placed on the platform or any portion of it, or to gather user data without permission;
- Creating user accounts using automated methods, scripts, or by using fictitious or fraudulent information;
- Access or use the Platform to engage in financial activities that require registration or licensing, such as creating, listing, or purchasing securities, commodities, options, real estate, or debt instruments. Access or use the Platform to raise money for a business, protocol, or platform, such as creating, listing, or purchasing assets that can be redeemed for financial instruments or assets.
Any content specific to a Collection that is not the Digital Artwork within a Collection (hereinafter referred to as "Collection Content"), as well as all legal rights, titles, and interests in and to such Collection Content, belong to the Creator. This includes, but is not limited to, copyrights and trademarks in the Art Content and Collection Content. The Creator has the right to reproduce, create derivative works from, distribute, exhibit, and perform the Art Content and Collection Content as the owner of the copyright.
The Creator hereby acknowledges, understands, and agrees that by selling such Digital Artwork on the Platform, the Creator expressly represents, warrants, and covenants that the Creator has not sold, tokenized or created another crypto token; has not and will not sell, tokenize, or create another cryptographic token; and will not, and will not cause another to, sell, tokenize, or create another crypto token, each of which represents a digital collectible
The Creator now expressly and affirmatively gives to the Collector and, to the extent applicable, any subsequent Collector in a Secondary Sale (as defined below), a license, by publishing any Digital Artwork on the Platform.
Imagery, design, audio, video, human likeness, and other unoriginal content not created by the Creator, not authorized for use by the Creator, not in the public domain, or otherwise not in compliance with copyright laws are examples of unoriginal content that the Creator expressly represents and warrants do not appear in any Digital Artwork launched on the Platform or Collection Content. To the extent that it is legally necessary, the Creator additionally represents and certifies that it has the authorization to integrate the non-original content.
A Creator can create new Digital Artworks on the Platform and add them to a specific smart contract that represents a group of these Digital Artworks (a "Collection"). The Creator who created the Collection is the exclusive owner of the Collection Smart Contract, which cannot be bought, sold, or exchanged. The individual Digital Artworks in a Collection may, however, be sold under these Terms. These words and procedures for Collection are described.
You understand and accept that the Platform may include elements or material (collectively, "Platform Content") that is covered by intellectual property rights such as copyright, patents, trademarks, trade secrets, and other laws. You undertake not to alter, copy, frame, scrape, rent, lease, loan, sell, distribute, or produce derivative works based on the Platform or the Platform Content, in whole or in part, unless specifically permitted by ManeSTUDIO and ManeSPACE.
You won't use any data mining, robots, scraping, or other similar data collection or extraction techniques in conjunction with your use of the Platform. You agree not to take any actions to go around ManeSTUDIO and ManeSPACE's barring you from accessing the Platform (including by blocking your IP address) (e.g., by masking your IP address or using a proxy IP address). Any usage of the platform or platform content that isn't expressly permitted by these terms is strictly forbidden.
ManeSTUDIO, ManeSPACE, ManesLAB, our Affiliates, and our partners own the technology and software that underpin the platform or that is supplied in conjunction therewith (collectively, the "Software"). You consent to not selling, assigning, sublicensing, or otherwise transferring any right in the Software. You also agree not to duplicate, alter, make a derivative work of, reverse engineer, reverse assemble, or otherwise seek to uncover any source code. ManeSTUDIO and ManeSPACE reserve all rights not expressly granted herein.
ManesLAB Inc. is the owner of the ManeSTUDIO and ManeSPACE names and logos (collectively, the "ManesLAB Trademarks"). Other company names, product names, and service logos that are utilized and presented through the Platform could be trademarks or service marks of their respective owners, who might or might not support ManeSTUDIO and ManeSPACE or be related to them in any way. No license or right to use any ManeSTUDIO or ManeSPACE trademarks displayed on the Platform is granted by implication, estoppel, or otherwise in these Terms or the Platform, without our prior written consent in each instance. We shall only profit from the goodwill created by the usage of the ManeSTUDIO and ManeSPACE trademarks.
We ask our users to respect other people's intellectual property as ManeSTUDIO and ManeSPACE do. You should follow the method outlined below to notify ManeSTUDIO and ManeSPACE of your infringement claim if you think that your work has been copied in a way that violates your copyright or that your intellectual property rights have otherwise been damaged.
Under the Digital Millennium Copyright Act ("DMCA") and other relevant intellectual property laws, ManesLAB will process, look into, and take necessary action about any suspected or actual infringement. To report alleged copyright infringement, send an email to [email protected], the address of ManesLAB's copyright department. Please kindly use "Copyright Infringement Report + Reported Contract Address" as the email subject.
The notification must be in writing and include the information listed below to be valid:
- a description of the copyrighted work or other intellectual property that you allege has been infringed;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the location on the Platform of the allegedly infringing content, with enough specificity to enable us to locate it;
- Address of your valid residence, contact info, and email address;
- a declaration from you stating that you believe the disputed use is not permitted by the law, the copyright or intellectual property owner, or the owner's representative;
- a declaration from you, given under oath and to the best of your knowledge and belief, that the information in your notice is true and correct and that you have the authority to speak for the copyright or intellectual property owner.
You acknowledge and agree that all fees, commissions, royalties, and other compensation (collectively, "Fees") will be transferred, processed, or initiated directly through one or more of the smart contracts on the blockchain network in consideration for ManeSTUDIO and ManeSPACE's provision of the Platform hereunder (including minting and/or listing NFTs).
The following fees apply to the primary sale of digital art made available through the platform (a "Primary Sale")
- 96.7% of a Primary Sale's overall sales price goes to the creator. ManeSTUDIO/ManeSPACE receives a total of 3.3% of the Primary Sale's total sales price. Therefore, ManeSTUDIO and ManeSPACE may divide their respective portions of the total sales price at their sole discretion.
- For the secondary sale, ManeSTUDIO and ManeSPACE do not charge a commission. The third-party markets where secondary sales take place are subject to royalties.
- For a secondary sale of Digital Artwork released on the Platform outside the Platform, ManeSTUDIO and ManeSPACE cannot guarantee any royalties.
The majority of the time, ManeSTUDIO and ManeSPACE do not charge any fees, commissions, or royalties for transactions that take place outside of the Platform. ManeSTUDIO/ManeSPACE is not liable for the Creator's capacity to collect any Fees for transactions taking place outside of the Platform concerning any Fees that are to be collected by a Creator about any NFTs. Users relieve ManeSTUDIO, ManeSPACE, and their affiliates, as well as their executives and succeeding entities, from any obligation for royalties, penalties, or fees that are not collected from any transaction outside of the Platform.
Smart contracts that are part of the blockchain network enable all transactions on the platform, including but not limited to minting, tokenizing, bidding, listing, offering, purchasing, or confirming. Every transaction that takes place on the blockchain network, and consequently every Transaction taking place on the Platform, is subject to a transaction cost (a "Gas fee") that must be paid. ManeSTUDIO and ManeSPACE have no control over the Gas Fee's fluctuating, frequently unpredictable value. The user agrees that the Gas Fee for a particular transaction will never render a contract, agreement, offer, sale, bid, or other Transaction on the Platform invalid, voidable, retractable, or otherwise unenforceable because it was unknowable, excessive, or in any other way undesirable.
The withdraw-able funds has already excluded the 10% commission ManeSTUDIO/ManeSPACE charges. Gas fee will apply depends on the blockchain when the transaction request is submitted.
The proceeds from the sale of digital artwork published on the platform can be split among the creators by using the integrated Spilt Earning function.
Depends on the regulation of user's residence, users are responsible for paying any sales, use, value-added, and other taxes, fees, and assessments that are "related to your use of the Platform" and are now or in the future claimed or imposed by any governmental entity (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, sale, or creation of any artworks).
All project created using ManeSTUDIO and launched on ManeSPACE will require a 7-day funds escrow, starting from the first minting phase. This is to prevent rug-pull project damaging the space and protect the interests of NFT buyers.
During the 7-day fund escrow, a super admin role will be included as one of the admins of the contract of created collection. NFTs and web2 surfaces that are determined fraudulent or infringes copyright will result in such as but not limited to,
- Being removed from displaying on ManeSTUDIO and ManeSPACE;
- Wallet address getting blocked by ManeSTUDIO/ManeSPACE;
- Unlimited extension to fund escrow period;
- Super admin will force enable the refund option and automatically set the refund rate to 100% for unlimited times until all victims have claimed refund.
Earnings from primary sale can be withdrawn after 7 days after the first minting phase starts. If there are no refund period set, all funds can be withdrawn by the contract owner, if Split Earnings function is enabled, the spilt will happen at the same time.
If creator has set a refund period, funds will stay escrowed until all periods end.
You acknowledge that ManeSTUDIO/ManeSPACE may, for any reason, including, without limitation, for lack of use or if ManeSTUDIO and ManeSPACE believe that you have violated or acted inconsistently with the letter or spirit of these Terms, suspend or terminate your account (or any part thereof) or use of the Platform and remove and discard any content within the Platform. Your usage of the Platform may be terminated for any alleged fraudulent, abusive, or illegal behavior upon referral to the proper law enforcement agencies. Additionally, ManeSTUDIO/ManeSPACE reserves the right to stop supplying the Platform, in whole or in part, at any time, for any reason, and with or without prior warning. You acknowledge and agree that ManeSTUDIO/ManeSPACE may immediately deactivate or delete your account and all associated information and files in your account and/or restrict future access to such information and files or the Platform in the event that you violate any provision of these Terms. You also agree that any termination of your access to the Platform under any provision of these Terms may be effected without prior notice. Furthermore, you acknowledge that if your access to the Platform is terminated, ManeSTUDIO and ManeSPACE won't be held responsible to you or any other person.
You acknowledge that ManesLAB/ManeSTUDIO/ManeSPACE will have no duty or obligation with respect to your interactions with any other users, Creators, or Collectors in connection with the Platform. ManeSTUDIO/ManeSPACE maintains the right, but is under no obligation, to mediate disputes involving you and any other Platform users.