Terms of Service for Brushly
Introduction
Welcome to Brushly, an innovative digital marketplace dedicated to the creation, sale, and collection of digital artworks and Non-Fungible Tokens (NFTs). These Terms of Service (“Terms”) govern your access to and use of the Brushly services, including our website, mobile applications, APIs, and all related tools and functionalities provided by Brushly.
Brushly operated by Visiofy LLC, Estonia, Liimi 1, Tallinn
Acceptance of Terms
By accessing or using the Brushly platform, you signify your agreement to be bound by these Terms, including any additional guidelines and future modifications. If you do not agree to these Terms, you should not use the Brushly services.
User Account and Access
- Account Creation: To utilize the full features of Brushly, users must create an account using accurate and current information.
- Account Security: You are solely responsible for the activity that occurs on your account and for keeping your account password secure.
Intellectual Property Rights
- Ownership: Brushly retains all rights, titles, and interest in its services, including any intellectual property rights.
- User Content: Users retain ownership over their submitted content, but grant Brushly a worldwide, non-exclusive, royalty-free license to use, display, and distribute their content in connection with the services.
Indemnification
You agree to defend, indemnify, and hold harmless Brushly and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: your use of and access to the Brushly Service; your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties above; your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; your violation of any applicable law, rule, or regulation; any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or any other party’s access and use of the Service with your unique username, password, or other appropriate security code.
Disclaimers
Brushly is provided on an “as is” and “as available” basis. Brushly and its affiliates, suppliers, partners, and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Brushly does not guarantee the accuracy, completeness, or usefulness of the service, and you rely on the service at your own risk. Any material obtained through the use of Brushly is accessed at your own discretion and risk.
Assumption of Risk
You understand and agree that your access to and use of Brushly and its services are at your own risk. This includes risks associated with online transactions, the volatility of digital assets like NFTs, and the uncertain legal status of NFTs and blockchain technologies. Brushly is not responsible for any losses you may incur as a result of using our services or engaging in transactions on our platform.
Changes to the Terms
Brushly reserves the right to change or modify these Terms at any time. Your continued use of Brushly after any such changes constitutes your acceptance of the new Terms.
Governing Law
These Terms shall be governed by the laws of the jurisdiction in which Brushly’s headquarters are located, without regard to its conflict of law provisions.
Entire Agreement
These Terms, including any legal notices and disclaimers contained on the Brushly platform, constitute the entire agreement between you and Brushly concerning the use of Brushly and its services.
By using Brushly, you acknowledge that you have read these Terms of Service and agree to be bound by them. Brushly aims to provide a creative and secure platform for digital artists and collectors, and we thank you for being a part of our community.