Terms of Use
1. AGREEMENT TO TERMS
This Terms of Use (“Terms”) regulates your use of the services provided by GoArt Worlds Inc. (“GoArt”, “we”, or “our”) through our website, GoArt Worlds mobile application (“Application” or “App”) or any of our Services (collectively, the “Services”) whether as a Guest or a User.
By accessing, downloading the Application, viewing, or using this Website as a Guest or a User which can be accessed at www.goartmetaverse.com, you (“User” or “You”) acknowledge that you have read, understood, and agree to be bound by all these Terms of Use and agree with any applicable local laws. By accessing and using the App you are agreeing to be bound by and comply with this Terms of Use.
GoArt Worlds and the User will be referred to individually as the “Party” and together as the “Parties” in this Terms.
2. DEFINITIONS
2.1 Services. It refers to the services and applications offered by GoArt Worlds to enable users to perform the work and operations defined in this Terms.
2.2 User. GoArt Worlds Application member refers to a natural or legal person who is a member of the Application under this Terms and purchases products and/or Services offered for sale by the Seller with ads provided on the Application.
2.3 Application. Refers to the GoArt Worlds mobile application which can be downloaded via Apple AppStore or Google Play Store owned by GoArt Worlds and which GoArt Worlds provides the Services set out in this Terms.
3. PRIVACY POLICY
We advise You to read regarding our user data collection which sets out the terms on which we process any personal data we collect from you, or that you provide to us. It will help you better understand our practices.
4. PURPOSE AND SCOPE
These Terms determines the conditions for Users to use these Services and to determine the rights and obligations of the Parties accordingly. With these Terms the User is deemed to have accepted all kinds of statements, including the content contained in the Application and the applications that will be included in the Application.
5. ACCESSING THE SERVICES
5.1 The content contained within the Services is not designed for children under the age of 13, by signing up to access the Services you confirm that you are over the age of 13. If you are at the age of 13 or older; but if you are under the age of 18 (or under the legal age of majority in the jurisdiction where you live), you agree that by accessing the Services, you agree that both you and your parent or guardian understand these Terms and that you have reviewed them with your parent or guardian to ensure that you agree to these Terms. If you are a parent or guardian agreeing to the Terms for the benefits of a child over the age of 13, you accept full responsibility, including all financial costs and legal obligations, for the child’s use of the Services.
5.2 To create an account in the Application, it is necessary to be an adult and not to be temporarily suspended or indefinitely banned from the membership by GoArt Worlds. The fact that under age people or others who have been temporarily suspended or indefinitely banned from membership by GoArt Worlds have completed the Application registration process will not result in being a User in the Application.
5.3 In order to benefit from the Services provided under these Terms personal data of the User will be processed. In order for GoArt Worlds to provide the Service, the personal data shared by the User must be accurate and up to date. Otherwise, the User is personally responsible for all damages that may arise due to this reason.
5.4 GoArt may, at its sole discretion, unilaterally terminate, close, suspend or completely delete User’s account without notice, any justifiable reason or liability of any kind.
5.5 To use the services covered by these Terms, the User is obliged to notify GoArt Worlds of any changes that may occur before becoming a User, during becoming a User, or later in the documents and information that he/she has provided, no later than 15 days after the change occurs.
5.6 If the User is suspended by GoArt Worlds for any reason, or if they are removed from membership and blacklisted to never be included in GoArt Worlds platforms again, the User cannot become a member of the Application with another user account. If the User becomes a member of the Application in violation of the provisions of this article and the situation is determined, the User will be removed from the membership again and shall be responsible for compensation for any damages that may arise.
6. ACCOUNT REGISTRATION
6.1 In accordance with these Terms, to register and become a member of the Application, use the Services, and purchase other products /Services sold through the Application the User shall be required to register an account.
6.2 The account in the Application is personal, and each user will be able to create a single account. The User shall not make the username and password available to third parties, lend and transfer them.
6.3 The username and password information required by the User to access the Application operated by GoArt Worlds and to perform operations through the Application is created by the User, and the security and confidentiality of such information is entirely in the responsibility of the User. The User states that all transactions carried out through the Application have been carried out by him/her, that he/she is responsible in advance for these transactions, that he/she cannot claim any plea and/or objection that he/she did not perform the works and transactions carried out in this way, and/or that he/she has no plea or objection, accepts, declares and undertakes that it will not abstain from fulfilling its obligations based on.
6.4 Purchases made within the Application and the Website shall be immediately sent to the User’s mobile device. The User’s mobile device must be connected to the internet in order to access to the Apple App Store or Google Play Store applications. The General Terms and Conditions of the Apple App Store and the Google Play Store shall apply depending on the type of mobile device and the use of the Apple App Store or Google Play Store.
7. PAYMENT OBLIGATIONS
7.1 The Application is free to install and for the in-app purchases and for the paid version of the Application we will have your approval for the sale price, including all taxes. You understand and agree that GoArt Worlds can always unilaterally change the price of the paid version of the Application and the prices of in-app purchases, campaigns, and packages, that it will keep the Application updated to be aware of the changes made and will regularly check the Application information.
7.2 You understand and agree that there will be no right of withdrawal for in-App purchases and no refund can be made in any way.
7.3 Besides, the Apple App Store and Google Play Store reserve the refund provisions for the purchases made within the Application.
8. USER INTERACTION
8.1 You can communicate with the avatars of users around you in GoArt Worlds. All of your communications can be heard by those around you and may be recorded by GoArt Worlds and/or by other users and shared on social media by GoArt Worlds and/or other users. You are solely responsible for your user creation.
8.2 You also agree that you will not speak, post, upload, share, store, or otherwise provide through the App any User Creations that: (i) infringe or violate any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation trademark, patent or copyrights) or contract rights; (ii) are defamatory, disruptive, unlawful, offensive, false, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, threatening, excessively violent, harassing, illegal or otherwise objectionable; (iii) incite, encourage or threaten immediate physical harm and/or promote or advocate racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iv) that violate any law. GoArt Worlds has the exclusive right to determine whether a user has violated one or more of these prohibitions and can immediately and without advance notice terminate your right to access the App.
9. RESTRICTIONS ON USE
9.1 When You access or use the Application, Website or any other Services provided by GoArt Worlds You agree that you will not use the Application in a manner that is contrary to law and morality, especially in the following cases:
9.1.1 Use of the Application for the purpose of creating, checking, updating, or modifying a database, record or contacts on behalf of any person;
9.1.2 Use of the entire or part of the Application for the purpose of disrupting, modifying, or reverse engineering.
9.1.3 Creating unreal User accounts by using false information or using the information of another person, providing false or misleading information, and using these accounts in violation of these Terms or applicable legislation, unauthorized use of another User’s account, replacing another person or being a party or participant in transactions under a misnomer;
9.1.4 Spread of a virus or any other technology that damages the Application, the Application’s database, any content contained in the Application;
9.1.5 Collection or processing of any information about users, including e-mail addresses, without the permission of the relevant persons, or any other violation of the legislation on the protection of personal data;
9.1.6 An unreasonable or disproportionately large load on communications and technical systems, which is determined by the application or the technical functioning in activities that will harm arrives, the application without obtaining the prior written consent of GoArt Worlds, auto program, robot, web crawler, spider, data mining and data crawling, such as “screen scraping” software or systems and in this way the use of any content in the application of all or a portion of any unauthorized copying, republication or use.
9.2 The User accepts, declares, and undertakes that all purchases made through the Application are for personal use and that they are not for resale purposes.
10. PROVIDING THE SERVICE
10.1 GoArt Worlds has the right to change the services to be offered and their scope without prior notice. The amendments made shall enter into force on the date of publication and shall be binding. The user shall be able to benefit from the limited services that will be offered to him/her, provided that he/she complies with the terms and conditions that will be notified to him/her.
10.2 Information on which hardware and version of the Application can work with devices is available in the Apple App Store and the Google Play Store. The buyer can follow the updates related to this information through the Apple App Store and the Google Play Store.
10.3 GoArt Worlds offers various discounts, gifts, deals, offers, etc. or can make campaigns from time to time through the Application for the benefit of Users. All terms and conditions of these campaigns shall be regulated by the Company.
10.4 GoArt Worlds reserves the right to make any changes related to the content of campaigns and offers and to terminate the campaign and special offers in advance and without notice.
10.5 By sending information and content through the Application, the User acknowledges and declares that he/she has granted the Company a valid, unrequited, continuous, and unlimited license worldwide for the use of this information and content.
10.6 Links to other sites may be provided within the site. GoArt Worlds may publish the advertisements of the contracted 3rd parties and / or application forms for various services and direct the Users to the advertiser or contracted 3rd parties’ sites through these forms and advertisements. GoArt Worlds assumes no responsibility for the privacy practices and policies of other sites accessed through this link, or for the content they host.
10.7 GoArt Worlds attaches importance to compliance with the “Know Your Customer (KYC)“ rules in order to eliminate all kinds of risks related to financial activities and to make the Application more secure for the Users, and in this direction, it ensures that the User’s identity is authenticated remotely through the companies it works with. This remote authentication process can be completed by directing the User to the website of the company providing this service and performing the transactions through that site. GoArt Worlds shall not be held responsible in any way in cases contrary to the law that may occur due to the User’s failure to provide accurate information.
10.8 Although the security measures reported on the application are recommended and these security measures have been taken, GoArt Worlds cannot be held responsible for any damage caused or will cause to the user in any way.
11. DISCLAIMER
11.1 GoArt Worlds, its directors, officers, and employees cannot be held responsible or liable for any damages suffered by the User as a result of the use of the blockchain network or metamask, or any other electronic wallet. GoArt Worlds shall not be responsible for the damages and losses of third parties, negative or positive damages which may arise from (a) user errors, such as forgetting passwords or incorrectly executed smart contracts or other transactions; (b) server error or loss of data; (c) corrupted wallet files; (d) infringement of intellectual property by Users; (e) unauthorized access by third parties against tools, the Ethereum network or Metamask, or other electronic wallets, including but not limited to the use of viruses, phishing, bruteforce, or other attack tools.
11.2 GoArt Worlds cannot in any way held responsible for the damages and losses, negative or positive damages of third parties, which arise or may arise from the misuse of the crypto money in the crypto wallet by the User, without the fault of the User.
11.3 The User is personally responsible for the legal responsibilities and taxpayers related to the use of crypto currency on the application.
11.4 By accepting and approving these Terms, the User declares and undertakes that they are personally responsible for the risks arising from the inherent of the crypto currencies. GoArt Worlds is not responsible for any profit or loss caused by price changes.
11.5 Land parcels, NFTs and tokens are digital assets whose ownership registration is only held on the polygon network. All smart contracts are made and executed on the decentralized ledger on the polygon platform. GoArt Worlds has no ownership registration or control over smart contracts and makes no warranties or commitments.
11.6 GoArt Worlds cannot be held responsible for losses caused by the blockchain, other features of the polygon network, or metamask or other electronic wallets.
12. TERMINATION
12.1 The Parties may terminate these Terms unilaterally and at any time without compensation. In the event of such termination, the Parties will mutually fully fulfill the rights and obligations arising up to the date of termination.
12.2 GoArt Worlds has the right to suspend, terminate, sue, and pursue membership if it detects that the User has violated any article of these Terms or has a reasonable suspicion regarding this.
13. CONFIDENTIAL INFORMATION
13.1 All commercial, financial, patent and know-how, information, inventions, business, methods, copyright, trademark, customer information and other information obtained by the Parties about each other during the performance of these Terms are confidential information (“Confidential Information”) and will be considered Confidential Information for the duration of these Terms and after the expiration of these Terms. GoArt Worlds will be able to share all the information of the User with the relevant authorities, in case of a request from the competent authorities in accordance with the current legislation or a court decision, or in accordance with the relevant legislation.
13.2 GoArt Worlds will store personal and commercial information provided by the User for the membership process and throughout the membership in a secure environment. GoArt Worlds may disclose this information to third parties for the purpose of executing the applications required for the full and proper operation of the Services, conducting statistical evaluations, and only for the reasons mentioned above.
14. PERSONAL DATA
14.1 The Parties agree and undertake to mutually and completely fulfill their legal, administrative, and technical obligations to which they are subject in accordance with the Personal Data Privacy Laws and relevant legislation in matters related to these Terms, and to refrain from acts that prevent the other Party from fulfilling its obligations under the legislation. Each Party shall fulfill all written requests of the other Party regarding the correction or destruction of personal data shared during the period of these Terms.
14.2 GoArt Worlds, upon the request of the competent authorities in accordance with the current legislation, may share the personal data of the User with the said authorities, if necessary, in accordance with the Law on the Protection of Personal Data, by informing the User in advance and in any case in accordance with the data transfer rules.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 GoArt Worlds brands and logos, application of a peculiar location in the structure, the design of the application , the software, the name NFT within the application (non-fungible token) and generated by them in relation to the GoArt Worlds of any trademark, design, logo, trade dress, slogans, written, pictorial, with or without graphics, and all intellectual property rights to all content and all materials are the property of whether or not you are registered GoArt Worlds. GoArt Worlds cannot be held responsible if, for any reason, any digital asset embedded in the NFTs within the Application violates the rights of third parties. The User may not use, share, distribute, display, reproduce and perform works derived from the intellectual property rights subject to the ownership of GoArt Worlds without the permission of GoArt Worlds. The User cannot use all or a part of the Application in another environment without the permission of GoArt Worlds. If the User behaves in a way that violates the intellectual property rights of third parties or GoArt Worlds, the User is obliged to reimburse all direct and indirect damages and expenses of GoArt Worlds and/or this third party.
16. MODIFICATION OF TERMS OF USE
16.1 By approving these Terms, the User shall be bounded by the provisions of these Terms. GoArt Worlds, at its sole discretion, may unilaterally change these Terms of Use and any policies in the Application from time to time it deems appropriate, provided that it is not contrary to the provisions of the applicable legislation, by declaring it on the Application. The amended provisions of the Terms of Use will become effective on the date they are announced in the Application, and the remaining provisions will remain in effect and continue to have their provisions and consequences. For the avoidance of doubt, these Terms may not be changed unilaterally by the User. Please ensure to check the current Terms of Use every time using the Services. By using the Website and/or the Application, the User agrees to be bound by the current version of these Terms of Use.
16.2 GoArt Worlds can make decisions regarding the development and change of the Application, can make changes in the Application, including but not limited to the new version, publication, different events, expanded formats, etc. can make additions, refresh, or remove existing features without prior notice. However, GoArt Worlds will inform the User about the changes that need to be made on the User’s side to ensure the ideal use of the Application via an announcement on the Website and/or the Application. (i.e., version updates, changes associated with the linked database, new versions and updates, new events, etc.)
17. FORCE MAJOR
17.1 Insurrection, embargo, government intervention, riot, invasion, war, mobilization, strikes, lockouts or boycotts, labor actions, including employer-employee disputes, cyber-attack, communication problems, infrastructure and internet failures, system improvement or refurbishment work, and malfunctions that may occur for this reason, failures, fire, power cuts, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters that may occur due to any reason, or other events that are beyond the control of GoArt Worlds, are not caused by fault and cannot be reasonably foreseen and cannot be prevented (“Force Major”) If GoArt Worlds prevents or delays the performance of its obligations arising from these Terms, GoArt Worlds cannot be held responsible for its obligations that are prevented or delayed as a result of Force Major, and this cannot be considered as a violation of these Terms.
18. LIABILITY AND COMPENSATION
18.1 The Parties are obliged to compensate the damages suffered by the counterparty due to the violation of these Terms.
18.2 By accepting these Terms, the User is deemed to have accepted to act in accordance with the provisions of these Terms, all the conditions specified in the Application, legislation and ethical rules in the transactions and correspondence that you will carry out through the Application.
18.3 With the acceptance of these Terms, the User accepts that all legal and criminal liability related to the transactions actions that the User takes within the Application belongs to the User and GoArt Worlds has the right of recourse to the User in case GoArt Worlds is subjected to a legal, administrative or penal sanction due to the User’s breach or failure to fulfil your contractual or legislative obligations and that the User shall compensate GoArt Worlds’ loss in full and at the first request.
19. MISCELLANEOUS
19.1 Validity Period and Termination. These Terms shall enter into force upon the User and shall be valid indefinitely from the effective date. By giving a written notice, the Parties may terminate these Terms at any time, without any reason and without being obliged to pay any compensation,
19.2 Evidential Contract. In case of disputes that may arise from these Terms, the User states that the official ledger and commercial records of the Parties and the e-archive records, electronic information and computer records kept in GoArt Worlds’ database and servers shall constitute binding, definitive and exclusive evidence and that this article is a contract of evidence pursuant to Article 193 of the Code of Procedure No. 6100.
19.3 Applicable Law and Dispute Resolution. This Terms of Use shall be governed exclusively by the laws of the Republic of Turkey without regards to its conflict of law provisions. In disputes arising from the implementation of these Terms, Consumer Problems Arbitration Committees in the place where the Buyer purchased the goods or where the residence is located, up to the value announced by the Ministry of Customs and Trade; Regarding disputes exceeding the said value, the Consumer Courts in the place of residence of the Buyer or the Seller are authorized.
19.4 Notification. The User and GoArt Worlds will communicate via the e-mail address, the phone number that the User has provided while registering to the Application, or through notifications to be sent by registered mail to their physical mail addresses. The mandatory cases specified in the Law are an exception, and the sending an e-mail to the User’s registered address in the Application will be considered as written communication. The User must keep his/her e-mail address updated regularly.
19.5 Integrity and Severability. These Terms constitutes the entire agreement between the Parties on the subject. If any provision of these Terms is determined by any competent court, arbitral tribunal, or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, these Terms shall be deemed severable to the extent that such invalidity, unenforceability or unreasonableness exists, and other provisions shall remain in full force and effect.
19.6 Assignment. As a rule, these Terms cannot be transferred or assigned. The User may not transfer his rights or obligations in these Terms, in whole or in part, without the prior written consent of GoArt Worlds.
19.7 Waiver. The failure to enforce at any time of the rights granted in these Terms or to require at any time performance by the other party of any of the rights shall in no way be construed to be a waiver of such rights or to affect either the validity of these Terms, or the right of any of the parties thereafter to enforce each and every right in accordance with these Terms.