Terms Of Service

LAST UPDATED – December 13, 2021

 

Introduction

Welcome to the Serious Artists Only website, owned and operated by SAO Holdings LLC, a Florida limited liability company, d/b/a Serious Artists Only (“Serious Artists Only,” “we,” “us,” “our”). Serious Artists Only is a platform for artists (“Creators”), gallerists (“Curators”), and collectors (“Collectors”) to sell, purchase, list for auction, make offers, and bid (each a “Transaction”) on digital art and collectibles represented with non-fungible tokens (“Digital Artwork”, “Item”).  Serious Artists Only and its partners provide the marketplace and services (described below) to you (“you,” “You,” “User”) through the website, platform, and marketplace located at  www.seriousartonly.com  (the “Platform”), subject to the following Terms of Service (as amended from time to time, the “Terms”). These Terms also apply to all related websites, tools, mobile applications, web applications, decentralized applications, smart contracts and APIs located or accessed through any of Serious Artists Only’s websites, including without limitation, successor website(s) or application(s). By signing up for an account on the Platform or otherwise using or accessing the Platform, you acknowledge that you have read and agree to these Terms.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.  THE AGREEMENT TO ARBITRATE WILL REQUIRE, WITH LIMITED EXCEPTIONS, THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SERIOUS ARTISTS ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

We reserve the right, in our sole discretion, to change or modify these Terms at any time. If we do this, we will provide notice of such changes, such as by sending an email notification, providing notice through the Platform or updating the “Last Updated” date at the beginning of these Terms. Any such changes will become effective immediately unless otherwise stated. Your continued use of the Platform after the effective date of any such changes constitutes your acceptance of the new Terms.

Privacy Policy

Please refer to our  Privacy Policy  (located at https://seriousartonly.com/PrivacyPolicy.html)  for information about how we collect, use, and share personal information about you. The Privacy Policy is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

Account Registration

Anyone can browse Serious Artists Only without registering for an account. You may be required to register with Serious Artists Only to access and use certain features on the Platform, such as participating as a Collector or conducting a Transaction. If you choose to register for the Platform, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by our registration form or your User profile page.  Registration data and certain other information you provide is governed by our Privacy Policy.  You must be at least 13 years old to register for an account, and at least 18 years old to conduct a Transaction. If you are 13 to 17 years old, you must have the express permission of a parent or legal guardian who can accept these Terms on your behalf. You are responsible for anything that occurs when anyone is signed into your account, as well as the security of your account. By using the Platform, you affirm that you are of legal age to enter into these Terms, and you accept and are bound by these Terms. You affirm that if you are using the Platform on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms. You may not use the Platform if you: (i) do not agree to these Terms; (ii) are not of the age of majority in your jurisdiction of residence; or (iii) are prohibited from accessing or using the Platform or any of the Platform’s contents, products or services by applicable law.

You are responsible for maintaining the confidentiality of your account and password, if any, and are fully responsible for any and all activities that occur with your account. You agree to (i) immediately notify Serious Artists Only of any unauthorized use of your password or account, or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing Serious Artists Only. Serious Artists Only will not be liable for any loss or damage arising from your failure to comply with this Section.

User Conduct

You understand and agree that access to your Serious Artists Only account is limited solely to you. You agree that you will not sell, rent, lease, or grant access to your Serious Artists Only account to any person without our prior written permission.

In our sole and absolute discretion, we reserve the right to terminate, suspend or restrict your access to any account(s) if there is reasonable suspicion by us that the person logged into your account(s) is not you or if we suspect that the account(s) have been or will be used for any illegal, fraudulent, or unauthorized purposes. Under no circumstance shall Serious Artists Only or indemnified persons in accordance with these Terms be responsible or liable for any direct or indirect losses (including loss of profits, business, or opportunities), damages or costs suffered by you or any other person or entity due to any such termination, suspension, or restriction of access to any account(s).

You agree to use the Platform only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. You agree that you will not use the Platform to (each of the following a “Prohibited Activity”):

• create user accounts by automated means or under false or fraudulent pretenses;
• impersonate another person;
• purchase, sell, or transfer a User account to another person or entity in exchange for something of value outside of a manner authorized by the Platform;
• use, employ or operate a computer program as a bot or to simulate user behavior, whether to engage in activity or a transaction, or otherwise;
• manipulate market prices, including by bidding on your own work;
• make purchases through the Platform through inappropriate or illegal means, including using stolen payment mechanisms to purchase items on the Platform;
• engage in any deceptive conduct that may prevent competitive or fair bidding;
• conceal economic activity;
• distribute unlawful, defamatory, harassing, abusive, or otherwise objectionable content;
• distribute any viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
• infringe upon the intellectual property rights of any party;
• violate the legal rights of others;
• engage in, promote, or encourage illegal activity;
• interfere with other users’ use or enjoyment of the Platform;
• exploit the Platform for any unauthorized purpose;
• reformat, reframe, duplicate, or retransmit any portion of the Platform;
• retrieve or index any portion of the Platform, or collect information about users for any unauthorized purpose;
• abuse, harass, or threaten another user of the Platform or any of our authorized representatives.If you engage in any of the Prohibited Activities, we may, at our sole and absolute reasonable discretion, without notice or liability to you, and without limiting any of our other rights or remedies at law or in equity, immediately:
  • suspend or terminate your User account;
  • restrict access to, modify, or delete Items or Item description or metadata held by your User account;
  • deem any Transaction that took place via or as the result of such activities to be void ab initio; and/or
  • immediately confiscate any items that were purchased or acquired as the result of such activities.

Creating Serious Artists Only Items

Creators and Gallerists require an invitation or authorization from Serious Artists Only to become a partner on the Platform. Serious Artists Only maintains complete discretion in selecting Curators and Creators which will participate in its marketplace and makes no guarantees or promises that any Curator or Creator will be approved even if Serious Artists Only solicited the request. Serious Artists Only reserves the right to change the method of Creator acceptance as we see fit. Such changes would be communicated in updated Terms. If you are interested in partnering with us to become a Creator, you may contact us at hello@seriousartonly.com

Collector Rights

Once you set up your User account, you may purchase, collect, display, trade and sell your Digital Artwork, subject to these Terms. The description of Digital Artwork available for purchase, including, without limitation, the availability and configuration of any Digital Artwork will be available on the Platform prior to purchase. We reserve the right at any time in our discretion to determine and modify the types, configurations, prices and other components of any Digital Artwork.

All purchases made on the Platform are final and non-refundable. Purchases may be made by credit card, bank transfer, or by using one or more cryptocurrencies that we may elect to accept from time to time. We retain the right in our discretion to limit the dollar amount of any transactions on the Platform, including, without limitation, to limit the amounts that may be charged to a credit card. Purchases made via credit card may be subject to a fourteen (14) day holding period after purchase, where you will be unable to list the purchased items for resale, and will be unable to export the purchased items away from the Serious Artists Only platform.

Purchases made with cryptocurrency are irreversible. If your cryptocurrency wallet does not contain sufficient funds, if you initiate but do not complete a cryptocurrency payment within the anticipated timeframe, or if you otherwise improperly pay for an item with cryptocurrency, your cryptocurrency transaction may fail and you may pay transaction or network fees without receiving a corresponding Digital Artwork. Users expressly assume this risk by choosing to pay with cryptocurrency. Serious Artists Only is under no obligation to accept cryptocurrencies and we retain the right in our sole discretion to determine what currencies or payment options to accept at any time. You acknowledge and agree that all cryptocurrency transactions on the Platform are publicly visible when made.

By participating in a Transaction on the Platform, Collectors may purchase a non-fungible token representation of the Creator’s Digital Artwork. Ownership of this non-fungible token does not grant the Collector ownership of the underlying creative work(s) itself. The copyright and other intellectual property contained in any Digital Artwork or non-fungible tokens (including, without limitation, any artwork in whatever form (e.g., photographs, video, graphics, logos, music, images, designs or otherwise)) may be owned by Serious Artists Only and/or a third party (or third parties). Your purchase of a Digital Artwork does not confer on you any such intellectual property rights and you acknowledge and agree that you do not have the right to use such content in any way except as specifically set forth in these Terms.

Subject to your compliance at all times with these Terms, your valid purchase of a Digital Artwork comes with a limited, worldwide, non-exclusive, non-transferable, royalty-free license to display the content in your Digital Artwork for your own personal, non-commercial use and in connection with the Platform and any platform or marketplace whereby you are able to engage in transactions relating to your Digital Artwork or access other content which is made available to holders of Digital Artwork through the Platform. Because the content may be licensed by a third party other than Serious Artists Only, there may be additional restrictions associated with the use of any such content and Serious Artists Only reserves the right to impose any additional restrictions on your ability to use and display such content. You agree to comply at all times with any such additional restrictions. Any additional benefits that are conferred directly by a Creator to a holder of a Digital Artwork (including but not limited to access to additional content or delivery of physical media) are provided “AS IS” by Creator, and such benefits are without warranty from Serious Artists Only.

The Collector’s limited license to display the Digital Artwork includes, but is not limited to, the right to, in an individual and non-commercial manner, to display the Digital Artwork privately or publicly: (i) for the purpose of promoting or sharing the Collector’s purchase, ownership, or interest, (ii) for the purpose of sharing, promoting, discussing, or commenting on the Digital Artwork; (iii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, purchase, or trade, the Digital Artwork; and (iv) within the metaverse, including decentralized virtual or augmented environments, virtual worlds, virtual galleries, virtual museums, or other navigable and perceivable virtual environments.

If a Collector wishes to discuss with Serious Artists Only a license for “commercial use” of the Digital Artwork, they may contact Serious Artists Only at: hello@seriousartonly.com.

The Collector agrees that it may not, nor permit any third party to, do or attempt to do any of the foregoing without the Creator’s express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Digital Artwork which would be prejudicial to the Creator’s honor or reputation; (ii) use the Digital Artwork to advertise, market, or sell any third party product or service; (iii) use the Digital Artwork in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, pornography or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Digital Artwork in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for Collector’s personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the Digital Artwork; (vi) attempt to trademark, copyright, patent, or otherwise acquire additional intellectual property rights in or to the Digital Artwork; (vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same Digital Artwork, whether on or off of the Platform; (viii) falsify, misrepresent, or conceal the authorship of the Digital Artwork; or (ix) otherwise utilize the Digital Artwork for the Collector’s or any third party’s commercial benefit.

The licenses and other provisions of this Section apply to the extent that you continue to own the Digital Artwork. If you sell, transfer, burn, lose access, or otherwise dispose of your Digital Artwork at any time, all licenses set forth in these Terms will expire upon such sale, transfer, burn or other disposal and you will not have any rights in any content of such Digital Artwork. Similarly, you may lose access to any content to which you are granted access to by virtue of your ownership of the Digital Artwork.

You have the limited right to sell or transfer your Digital Artwork provided that (i) the party acquiring your Digital Artwork accepts all of these Terms and any other applicable third-party terms, (ii) Serious Artists Only is paid the applicable transfer or other related compensation fees and (iii) You have not at any time breached these Terms. If you purchase or sell your Digital Artwork anywhere else other than through the Platform, you do so entirely at your own risk. We do not monitor or control any purchases or sales outside the Platform.

Any User who creates an account on the Serious Artists Only platform may be eligible to purchase NFTs on the Platform. This may include Serious Artists Only employees as well as any affiliates, licensors, and sponsors, and each of their respective directors, officers, agents, contractors, partners, advisors, employees, licensors, licensees content creators, and suppliers.

Collectors irrevocably release, acquit, and forever discharge Serious Artists Only and its subsidiaries, affiliates, officers, and successors of any liability for direct or indirect copyright, patent or trademark infringement for Creator’s use of a Digital Artwork in accordance with these Terms.

The User Acknowledges the Functionality and Inherent Risks of the Platform

You acknowledge that the Platform is subject to security risks and flaws and acknowledge that you are solely responsible for evaluating any code provided by the Platform. You expressly acknowledge and assume all risks including, but not limited to: forgotten passwords; inability to access or use your digital wallet for any reason; mistyped addresses or improperly constructed instructions when transmitting or receiving an NFT or any cryptocurrency; errors in the NFTs or NFT smart contracts; errors in our Platform or Services; inability to access or transfer an NFT; inability to use, access, copy, or display any NFT, or to access, stream or view any associated media; blockchain malfunctions or other technical errors; server failure or data loss; telecommunications failures; unfavorable regulatory determinations or actions (including with respect to NFTs or cryptocurrencies); taxation of NFTs or cryptocurrencies; uninsured losses; unanticipated risks; volatility risks in the value of NFTs and cryptocurrencies; cybersecurity attacks; personal information disclosure; unauthorized access to applications; unauthorized third-party activities, including, without limitation, the introduction of viruses or other malicious code; and the use of phishing, sybil attacks, 51% attacks, brute forcing, or other means of attack that affect, in any way, the NFTs or the associated media (the foregoing, collectively, “Platform Risks”).

You acknowledge that you have a sufficient understanding of the functionality, usage, storage, transmission mechanisms and other material characteristics of, blockchain technology, NFTs, digital assets, digital wallets, and cryptocurrencies to understand these Terms and to appreciate the substantial risks and implications of purchasing an NFT.

You acknowledge that NFTs purchased through our Platform have no inherent or intrinsic value. The value or perceived value of NFTs, may be subject to significant price volatility, including risk of complete loss of value. In addition, a lack of use or public interest in NFTs could negatively impact the potential utility or value of your NFTs. We cannot guarantee that any NFT will retain its original value, as its value is inherently subjective and factors occurring both on and outside of the Platform may materially impact the value and desirability of any particular NFT. In particular, the ability to stream or view any associated media may become limited, limited in functionality, non-functional or obsolete and may negatively impact the value or perceived value of an NFT purchased through the Platform.

This warning and others provided in these Terms by Serious Artists Only in no way evidence or represent an ongoing duty to alert you to all of the potential risks of utilizing or accessing the Platform. The Platform may experience sophisticated cyber-attacks, unexpected surges in activity or other operational or technical difficulties that may cause interruptions to or delays on the Platform.  You agree to accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses.  We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer or other equipment, or any phishing, spoofing or other attack.

We neither own nor control any other blockchain, any cryptocurrency wallet or address, your browser, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of Users or any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.  User understands that User’s public cryptocurrency address may be made publicly visible whenever you engage in a Transaction on the Platform.

Payment, Gas Fees, Site Fees, and Taxes

Users can make purchases on Serious Artists Only using a cryptocurrency, bank transfer, or credit card, which must be paid at the time of purchase. Forms of payment may change without notice and shall be at the sole determination of Serious Art Only. Cryptocurrency purchases are made possible via Coinbase Wallet integration; thus, we are only able to accept cryptocurrencies supported by Coinbase Wallet and MetaMask. Bank transfers may be processed by Dwolla with varying transfer times. Credit card purchases will be processed via Circle. Note that funds from credit cards may be held, and purchases using credit cards may be subject to a fourteen (14) day holding period on resales and transfers out of the platform. Users understand that any use of any of these payment service providers may be subject to separate fees, terms and conditions provided through each of those services. When applicable, by using the Platform, you acknowledge and agree to the terms and conditions, and the privacy policies of such services. If you decide to use one of the services, you expressly grant them the right, power, and authority to access and transmit your information as reasonably necessary for them to provide services to you in connection with your use of the Platform.

We have no control over these payment services, nor do we have the ability to reverse transactions (especially in the case of cryptocurrency payments). With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise because of any payment or transaction that you engage in via the Platform, or using Smart Contracts, or any other transactions that you conduct via the Serious Artists Only Blockchain, the Ethereum network, or any other blockchain. Serious Artists Only is not responsible for buyers who are unable to complete payment transactions.

Buyers on Serious Artists Only will pay Platform Fees that range from 5% to 40% depending on the terms of Smart Contract. Serious Artists Only or the Ethereum network may additionally require the payment of a transaction fee (a “Gas Fee”) for transactions that occur on the Platform. You may need to pay a Gas Fee for each such transaction that occurs via our Platform or to export Digital Artwork off of the Platform. In addition to the Gas Fee, each time you utilize a Smart Contract to conduct a transaction with another user via the Platform, you authorize us to collect a commission or other fee for certain events (a “Commission”). These events include purchasing, selling, or trading Digital Artwork on the Platform. Other fees include cryptocurrency conversion fees and payment processing fees, the applicability of which depend on the payment method used. Serious Artists Only reserves the right to charge Users, at minimum, the actual costs of a transfer.

Users are solely responsible to pay any and all applicable Gas Fees, minting fees, 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 our Platform. You hereby authorize us to deduct any reasonable or necessary fee or tax as part of a transaction on the Platform. Except for income taxes levied on Serious Artists Only, you: (i) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (ii) shall not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms.

Marketplace and Auctions

The Serious Artists Only Platform allows users to sell and purchase Digital Artwork within the Serious Artists Only Platform. Users that own Digital Artwork may list such items for sale at a set price, with such listing remaining active until the Digital Artwork is sold or the listing is canceled. The Platform may also allow for Users to bid on items in an auction format. Users that own Digital Artwork may list such items in an auction. Users may set a minimum reserve price for an auction sale or elect to run the auction with no reserve price set. If no reserve price is set, the work will go to the highest bidder at the end of the auction, whether or not the seller or buyer is satisfied with the final price.

Once an auction is initiated, it cannot be stopped. If an auction is not canceled before the start time, the auction will automatically be initiated and the auctioned work will be sold as long as the minimum reserve price is met, if such a price was set. Bids placed during an auction are irrevocable. Bids will only be returned if a higher bid is placed. Auctions may be extended in order to accommodate last minute bids. Serious Artists Only applies the same fee structure to works sold in auctions as other methods. We reserve the right to screen bidders or require deposit payments towards large auction items.

Once an item is sold, the sales proceeds due to User will be indicated in the User’s account. The sales proceeds may take up to thirty (30) days to clear so that they may be disbursed from Serious Artists Only to the User. Upon eligibility to cash out funds, Users will be prompted with a choice to cash out via check or cryptocurrency payment, and a form to provide Serious Artists Only with User’s cash out information, where they User can provide mailing address or cryptocurrency address. User agrees to provide correct payment information to Serious Artists Only, and User’s failure to provide correct information is at User’s own risk. If a User provides an incorrect cryptocurrency address, or a non-Ethereum based address, they may permanent and irreversibly lose access to both their Digital Artwork and corresponding cryptocurrency payment.

No Representations

Serious Artists Only makes no representations or warranties, express or implied, written or oral, made by or on behalf of Serious Artists Only in connection therewith, including any representations or warranties of title, non-infringement, functionality, merchantability, usage, security, suitability or fitness for any particular purpose, workmanship or technical quality of any Serious Artists Only Item or work, smart contract code, or software.

Serious Artists Only shall not be liable to you for contract, tort, or any other types of damages, including indirect, special, incidental, consequential, punitive or exemplary damages arising out of or related to participation in or the outcome of a Serious Artists Only auction or smart contract-enabled transaction, whether or not Serious Artists Only has been advised or knew of the possibility of such damages. Serious Artists Only’s liability for damages under these Terms shall in all cases be limited to, and under no circumstances shall exceed, the amount of auction proceeds actually received by Serious Artists Only as profit after deducting all costs, fees and liabilities incurred by or on behalf of Serious Artists Only.

Additional Ownership Rights and Storage

Serious Artists Only is not responsible nor liable for the receipt, security, or continued functionality of any Digital Artworks conceived, listed for sale, or minted on the Platform. User understands that transfer of the Item away from the Platform may disable certain functions of the Item, and any such transfer is conducted at User’s own risk. Furthermore, Serious Artists Only makes no representations and is absolved of all liability arising from the transfer process.

Some Collectors may also be eligible to receive promotional physical displays for their Items. Collectors agree that Serious Artists Only does not warrant that the quality of any promotional products or services purchased or obtained by you will meet your expectations, or that they will arrive or continue to function in an error free manner. Any promotional physical displays are provided “AS IS.” We do not guarantee the functionality of the displays or that the colors displayed on your monitor will be accurate. Shipping of physical displays is an automatic process. It is the sole responsibility of the Collector to ensure that the shipping information associated with the account is updated and accurate. Serious Artists Only also has no liability for displays lost or damaged during the shipping process. Physical displays may not be resold. By confirming an order for a physical display, you certify that you are purchasing it for personal use only and not for resale. Purchase of displays for public or commercial use is strictly prohibited.

Platform Content, Software, and Trademarks

You acknowledge and agree that the Platform may contain content or features (“Platform Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Serious Artists Only, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, infringe, distribute or create derivative works based on the Platform or the Platform Content, in whole or in part.  In connection with your use of the Platform you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.  If you are blocked by Serious Artists Only from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).  You agree that you will not use the Platform from a country sanctioned by the government of the United States. Any use of the Platform or the Platform Content other than as specifically authorized herein is strictly prohibited.  The technology and software underlying the Platform or distributed in connection therewith are the property of Serious Artists Only, our affiliates and our partners (the “Software”).  You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.  Any rights not expressly granted herein are reserved by Serious Artists Only.

The Serious Artists Only name and logos are trademarks and service marks of Serious Artists Only (collectively the “Serious Artists Only Trademarks”). Other company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Serious Artists Only. Nothing in these Terms of Service or the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Serious Artists Only Trademarks displayed on the Platform, without our prior written permission in each instance. All goodwill generated from the use of Serious Artists Only Trademarks will inure to our exclusive benefit.

Third-Party Material

Under no circumstances will Serious Artists Only be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. Serious Artists Only and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Platform. Without limiting the foregoing, Serious Artists Only and its designees will have the right to remove any content that violates these Terms of Service or is deemed by the Platform, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content and the purchase of any Digital Artwork, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content

Serious Artists Only may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Serious Artists Only, its users and the public. You understand that the technical processing and transmission of the Platform, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Filing DMCA “Take Down” Notifications

If you are a copyright owner or an agent thereof and believe that any content on the Serious Artists Only Platform infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing (see 17 U.S.C. § 512 for further detail) A notification of claimed copyright infringement should be emailed to Serious Artists Only’s Copyright Agent at hello@seriousartonly.com (Subject line:  “DMCA Takedown Request”).  :

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works on that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. *Providing URLs in the body of your DMCA notification is the best way to help us locate content quickly*
• Information reasonably sufficient to permit us to contact you (the complaining party), such as an address, telephone number, and an electronic mail address at which you (the complaining party) may be contacted.
• A statement that you (the complaining party) have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• **(Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material.

Any person who knowingly materially misrepresents that Content or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us and possibly others for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.

Users expressly agree to cooperate and timely respond to Serious Artists Only’s investigations, requests, and inquiries related to DMCA disputes or allegations of infringement. Users agree to initiate a “burn” transaction upon Serious Artists Only’s request for Digital Artwork that have been permanently removed from the Serious Artists Only marketplace pursuant to a valid DMCA Take-Down Notice, or that are otherwise alleged to be infringing.

Beta Platforms

Certain features on Serious Artists Only may be offered while still in “beta” form (“Beta Platforms”). Serious Artists Only will utilize best efforts to identify the Beta Platforms by labeling on its Platform. By accepting these Terms or using the Beta Platforms, you understand and acknowledge that the Beta Platforms are being provided as a “Beta” version and made available on an “As Is” or “As Available” basis. The Beta Platforms may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA PLATFORMS, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Platforms.