Terms & Conditions

By using this website and any related services, you agree to the terms and conditions hereof.
TakeArtBack is a collection of 10,000 digital artworks (NFTs) running on the Ethereum network. The objective of the collection is to use most of the sale proceeds to buy physical Art pieces and make them available to the public. Please visit our roadmap page for more details.
The Character, displayed in the NFT collection, is called “Salvatore”. The copyright and trademark of the character and the concept of collection are owned by the founders. No copy, use or derived reproduction is allowed by non-owners of the NFTs. Owners, on the other hand, have rights to the NFTs. Please refer to Ownership rights in section 3.

The NFTs will be listed on the Opensea Platform. Users are entirely responsible for the safety and management of their own private Ethereum wallets and validating all transactions. Furthermore, as the TakeArtBack smart contract runs on the Ethereum network, there is no ability to undo, reverse, or restore any transactions.
Buyers can either purchase the NFTs on the Opensea platform (subject to Opensea’s terms of service). Or buyers can make a purchase request through the contact page of this website.
All transactions through the website would have to be in fiat currency (USD or EUR) and the owner will be delivered a certificate of ownership following the purchase. This is only for buyers via this website. To maintain a market price for any NFT bought via this website (in case the owner want to sell it), the NFT will be listed on Opensea in the founders’ crypto wallet. Founders will act as a custodian of the NFT and will inform the original owner whenever there is a bid on his NFT. Owner will have to comply with the terms of transfer in Section 5.
this website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website, you are accepting sole responsibility for any and all transactions involving TakeArtBack digital collectibles

Unless expressly permitted in this Agreement or with the founders’ written consent, You may not:
(i) modify the Art associated to the NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or colour schemes;
(ii) use the Art associated to the NFT to advertise, market, or sell any third-party product or service;
(iii) use the Art associated to the NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others;
(iv) use the Art associated to the NFT in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in Section 3 above or solely for the Owner’s own personal, non-commercial use;

(v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art associated to the NFT;
(vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art associated to the NFT; or
(vii) otherwise utilize the Art associated to the NFT for Your or any third party’s commercial benefit.
The restrictions set forth in this Section 6 will survive the expiration or termination of this Agreement.
7. Disclaimer

Purchasing a TakeArtBack NFT automatically grants the owner the access to the “TakeArtBack members community”. Ownership gives the following membership rights:
- To vote on the selection, purchase, and sale of the art pieces.
- To suggest any art piece to community.
- To participate in gift lotteries or any event organised by the community.
- To enter freely any exhibition organised by community
The above privileges will be managed in the membership page of this website and all communication
will be either in that page or by email.

The Owner has the limited right to transfer/Sell the NFT through the OpenSea platform, provided that the Owner ensure that:
- The transfer is carried out exclusively on the OpenSea marketplace;
- The transferee and any subsequent transferee are bound by all of the terms of this
Agreement and all of the terms of the Third Party Services, in particular OpenSea Terms of
Service;
- Founders are paid ten percent (10%) of the gross amounts paid by such transferee (including
any subsequent transferee) relating to the NFT. The Owner acknowledges and agrees that the foregoing amounts payable to founders under Section 5 hereof do not include, and are not intended to cover, any additional fees imposed or required by OpenSea or other Third Party Services, including without being limited to gas fees;
- The Owner has not prior to the transfer breached this Agreement or the Third Party Services’ Terms of Service, in particular OpenSea Terms of Service;
- prior to the transfer, the Owner’s license to the NFT has not been terminated;
- The transferee provides the founders with a valid e-mail address;

Unless expressly permitted in this Agreement or with the founders’ written consent, You may not:
(i) modify the Art associated to the NFT in any way, including, without limitation, the shapes, designs, drawings, attributes, or colour schemes;
(ii) use the Art associated to the NFT to advertise, market, or sell any third-party product or service;
(iii) use the Art associated to the NFT in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others;
(iv) use the Art associated to the NFT in movies, videos, or any other forms of media, except to the limited extent that such use is expressly permitted in Section 3 above or solely for the Owner’s own personal, non-commercial use;

(v) sell, distribute for commercial gain (including, without limitation, giving away in the hopes of eventual commercial gain), or otherwise commercialize merchandise that includes, contains, or consists of the Art associated to the NFT;
(vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art associated to the NFT; or
(vii) otherwise utilize the Art associated to the NFT for Your or any third party’s commercial benefit.
The restrictions set forth in this Section 6 will survive the expiration or termination of this Agreement.

a. To the maximum extent permitted by applicable mandatory laws, the NFT and associated Art are provided “as is” and “as available” excluding any warranties of any kind, including, without limitation, any warranty for information, data, uptime or uninterrupted access, any warranties concerning the availability, correctness, accuracy, reliability, usefulness, or content of information, and any merchantability or fitness for a particular purpose, and We hereby disclaim any and all such warranties, express and implied. We do not warrant that the NFT and associated Art, content, functions, or materials contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the NFT will meet Your requirements. No advice, results or information, whether oral or written, obtained by You from Us or in relation to the NFT and/or associated Art shall create any warranty not expressly made herein.

b. To the maximum extent permitted by applicable mandatory law, We will not be liable to You for any loss or damage, whether in contract, tort, negligence, breach of statutory duty, or otherwise and howsoever arising, even if foreseeable, arising under or in connection with the use of, or inability to use, Third Party Services, the NFT and associated Art, including but not limited to any losses, damages or claims arising from: (i) Your error, such as forgotten passwords or incorrectly construed transactions; (ii) server failure or data loss; (iii) corrupted account files; (iv) unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, or other means of attack against the app, network, or the electronic account or (v) security weaknesses, fraud, counterfeiting, and other technological difficulties.

c. We are not responsible for losses due to blockchains or any other features of the Ethereum network or Third Party Services, including but not limited to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting the Ethereum network, including forks, technical node issues, or any other issues having fund losses as a result. You acknowledge and agree that such technologies are novel, experimental and speculative and that therefore there is significant uncertainty regarding the operation, effects, and risks thereof and the application of existing laws thereto.

d. We have no control over any Third Party Services. You acknowledge and agree that We are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the Third Party Services, or as a result of any reliance placed by You upon the protection and/or storage of any data You provide to those Third Party Services, or upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any Third Party Services.