Effective Date: November 29, 2023
Last Updated: November 29, 2023
Welcome to the Co:Create Artist Addendum between you and Co:Create Ink. This Artist Addendum is part of and incorporates the terms of the Terms of Service and contains additional terms and conditions under which Co:Create Ink offers the Service. Capitalized Terms used but not defined herein shall have the means ascribed to them in the Terms of Service.
Artist Ownership. The Artist owns all legal right, title, and interest in all intellectual property rights of the content underlying the Digital Tattoos minted on the Service (such underlying content, the “Art”), including but not limited to copyrights and trademarks in the Art, unless the Artist expressly transfers any such right, title or interest to a Collector or other third party. As the copyright owner, the Artist has the right to reproduce, prepare derivatives of, distribute, and display or perform the Art.
Collector License. By launching any Digital Tattoo on the Service, the Artist by default expressly and affirmatively grants to the Collector and, to the extent applicable, any subsequent Collector in a Secondary Sale a “Non-Commercial License”, the terms of which are set forth in Section 2 “Rights to Art Underlying Digital Tattoos” in the Terms of Service. You may grant different rights to the Collector prior to the Initial Sale of the Digital Tattoo.
No Identical Tattoo Sales. The Artist hereby acknowledges, understands, and agrees that selling a Digital Tattoo on the Service constitutes an express representation, warranty, and covenant that the Artist (a) has not sold, tokenized or created another cryptographic token, (b) will not, and will not cause another to, sell, tokenize, or create another cryptographic token, in each case representing a digital collectible for the same Art underlying such Digital Tattoo, and (c) will not make any erroneous or misleading statements regarding any Digital Tattoo or Art (including in connection with any sales thereof).
Original Content. Artist expressly represents and warrants that its Art underlying any Digital Tattoos launched on the Service contain only original content otherwise authorized for use by the Artist, and do not contain 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. The Artist further represents and warrants that it has permission to incorporate the unoriginal content, to the extent such permission is legally required.
Release. You irrevocably release, acquit and forever discharge the Co:Create Ink Parties of any liability for direct or indirect copyright or trademark infringement arising from any Digital Tattoos or underlying Art.
In general, all artistic images depicting nudity and sexuality are allowed without censorship. However, images depicting implied actions that have the potential to normalize violence such as non-consensual or violent sex acts, including rape, are not allowed at any time. Images depicting fetish content that involves acts that are likely to lead to the death of a person or animal such as: dismemberment, cannibalism, or bestiality are also not allowed.
Co:Create Ink does not allow objectionable content that includes defamatory commentary, imagery and/or hate speech about religion, gender, race or any other targeted groups. Imagery that is racist, sexist, homophobic, transphobic, or engages in other forms of discrimination will not be tolerated and will immediately be removed. Co:Create Ink reserves the right to restrict Artists who create, upload, or request imagery or tattoos of this kind.
Generally. Co:Create Ink is neither liable nor responsible for the conduct of any Collector on or off the Service. Co:Create Ink does not conduct background checks on Collectors.
Provision of Cancellation & No-Show Polices and House Rules. You accept to provide information to comply with mandatory legislation and to provide other relevant information to Collectors, including but not limited to, cancellation and no-show policies, age restrictions, and the relevant house rules. The information must be provided in accordance with mandatory regulation and be provided clearly on the Service, during the reservation/purchase flow, and in the confirmation email.
Tattoo Redemption. By Selling a Digital Tattoo eligible for Tattoo Redemption, you agree to provide (a) an email which we may send to the user shortly prior to the appointment with the you, giving practical information (including third party offers to the extent that the user has actively opted in for this information separately) relevant to the reservation, and (b) an email after the Service has been rendered to rate the experience with the you.
Co:Create Ink cannot guarantee that any request or communication will be (duly and timely) received/read by, complied with, executed or accepted by the user.
We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address or inaccurate or wrong (mobile) phone number of the user.
4. Fees; Fee Avoidance
Artists may be required to pay the following types of fees. Please note that all fees are listed exclusive of any value-added tax (VAT) or similar taxes that may apply. See the Taxes in the Terms of Service for further details. It's important to note that all service fees, including prepaid fees, are non-refundable.
Transaction Fees. When you make a sale through the Service, you will be charged a transaction fee of 5% of the sales price. Transaction fees are deducted from the sales price as each sale occurs.
Payment Processing Fees. The payment processing fee is 3% and is assessed on the total amount of the sale, including tax. Payment processing fees are deducted as each sale occurs.
Currency Conversion Fees. With the exception of the transaction fee and the Payment Processing fee, Co:Create Ink converts fees from USD to your payment account currency at the market rate at the time the fee is reflected in your payment account. All fees appear in your payment account in your domestic currency.
To avoid incurring foreign exchange charges on your sales, Co:Create Ink recommends you list your items in the same currency as your payment account currency. Collectors see the items in the currency of their choosing. If you decide to list in a currency other than that of your payment account, you will be charged a 2.5% currency conversion fee on the sale amount to send funds to your payment account. Currency conversion is handled automatically by our payment processing service.
Fee Avoidance. Any action by an Artist to avoid paying a fee is considered fee avoidance and is strictly prohibited by Co:Create Ink. This includes, for example, encouraging buyers to purchase an item offered for sale by you through another venue. The price stated in each Digital Tattoo’s description must be an accurate representation of the sale. Artists may not alter the item's price after a sale for the purpose of avoiding Co:Create Ink transaction fees, misrepresent the item’s value, or use another user's account without permission.
Paying your Fees. Co:Create Ink will automatically deduct all fees owed from your payment account. Provided you have sufficient funds in your payment account no further payment action is required. If your payment account does not contain sufficient funds you are responsible for paying any fees owed in full. If you make a sale while you have an outstanding balance the net sale amount will be applied to your outstanding balance. You may pay your outstanding balance manually by credit card, debit card, or PayPal. Co:Create Ink may suspend your selling privileges at any time pending payment of your outstanding balance.
Any claims or complaints by Collectors against you, your Tattoos (including related to the price, license, policies, specific requests made by the Collector) are to be dealt with by you. Co:Create Ink is not responsible for and disclaims any liability in respect of such complaints, claims and liabilities.
These Terms, including this Artist Addendum, constitute the “Platform Agreement” as such term is used in any Founding Artist Agreement between Co:Create Ink and a founding artist.