Last Updated: March 8, 2022
Welcome to Carnaval! Carnaval is a decentralized application and digital art marketplace operating on the Ethereum blockchain. The Carnaval Platform uses specially-developed smart contracts that enable Artists to sell their digital creations to Collectors on a peer-to-peer digital marketplace. Collectors may trade, transfer, sell, or proudly display their collected Carnaval pieces on the Carnaval Platform.
Please read these Terms of Use (“Terms”, “Terms of Use”, or “Agreement”) very carefully. This Agreement is between you (the “User(s),” “Artist(s),” “Collector(s),” “Owner(s),” and collectively with others using the Site - “Users”) and Carnaval.Art Inc., a company operating the Carnaval platform and organized under the laws of the State of Florida (“Carnaval.Art Inc.,” “the Company”, “we”, “our” or “us” and together with you, the “Parties”). These Terms govern your use of the website located at Carnaval.art (the “Site”), and all related tools, mobile applications, web applications, decentralized applications, smart contracts, and APIs located at any of Carnaval's websites, including without limitation, successor website(s) or application(s) thereto (the “Platform”).
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE OR PLATFORM. BY ACCESSING OR USING THE SITE, SERVICES, OR SMART CONTRACTS YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING, USING, OR TRANSACTING ON THE SITE OR PLATFORM. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS.
Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and 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.
To most easily access and use the Platform, you should first install the Google Chrome browser. Once you have installed Chrome, you will need to install a wallet as a browser extension. This electronic wallet, which allows you to purchase, store, and engage in transactions using the native RSK cryptocurrency, RBTC. You will not be able to engage in any transactions on the Platform other than through any wallet (or other rsk-compatible browsers). The Platform will only recognize you as a User, and you will only be able to interact with the Platform if your rsk electronic wallet is connected and unlocked through your account. There is no other way to sign up as a User or to interact directly with the Platform.
Transactions that take place on the Platform are managed and confirmed via the RSK blockchain. The User understands that your RSK public address will be made publicly visible whenever you engage in a transaction on the Platform. We neither own nor control Google Chrome, the RSK network, 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 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.
You acknowledge and agree that we (or, as applicable, our licensors) own all legal rights, titles and interests in and to all elements of the Platform. The graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, a compilation of the content, code, data, and all other elements of the Platform (collectively, the “Carnaval Materials”) are owned by Carnaval.Art Inc, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Carnaval Materials are the copyrighted property of Carnaval or its licensors, and all trademarks, service marks, and trade names contained in the Carnaval Materials are proprietary to Carnaval or its licensors. Except as expressly set forth herein, your use of the Platform does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Platform. We reserve all rights in and to the Carnaval Materials not expressly granted to you in the Terms.
You may choose to submit comments, bug reports, ideas, or other feedback about the Platform, including without limitation about how to improve the Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
The Smart Contracts and the Site facilitate User collection of Carnaval Items, but Carnaval and its affiliates, the Platform, and the Smart Contracts are not the custodians of any User-owned Carnaval Items. The User understands and acknowledges that the Smart Contracts do not give Carnaval custody, possession, or control of any Carnaval Item or cryptocurrency at any time for the purpose of facilitating Carnaval Item transactions. You affirm that you are aware and acknowledge that Carnaval is a non-custodial service provider and has designed this Platform to be directly accessible by the Users without any involvement or actions taken by Carnaval or any third party.