Terms of Use
Effective Date: February 3, 2025
- Are not located in, ordinarily resident in, or a citizen of any country subject to economic or trade sanctions enforced by the U.S. government or any other applicable authority.
- Are not listed on any government sanctions lists, including the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons (SDN) List.
- Have the full legal capacity and authority to enter into these Terms.
- Are not using the Services for any prohibited activities, including fraud, money laundering, or other illegal actions.
- Acknowledge that Andriy Kalkov may restrict access to its Services at its sole discretion for legal or compliance reasons.
- No Registration Required: You are not required to create an account to use the Services. However, to purchase digital collectibles, you must connect a wallet that supports the Ethereum network with the ERC-20 standard.
- Wallet Security: You are solely responsible for maintaining the security of your wallet, including private keys and seed phrases. Andriy Kalkov is not liable for unauthorized access, hacking, or loss of funds.
- Blockchain Transactions: All blockchain transactions are irreversible, and Andriy Kalkov cannot reverse or recover lost transactions.
- Wallet Compatibility: Andriy Kalkov does not guarantee compatibility with all Ethereum wallets and reserves the right to restrict certain wallet types for security reasons.
- Types of Sales: Collectibles may be sold through direct (fixed price) sales or auctions, as indicated on the product page.
- Transparency of Fees: All pricing, gas fees, storage fees, transaction fees, and any other associated costs will be displayed at checkout before the final confirmation of purchase.
- Buyer’s Responsibility: The buyer is solely responsible for all fees, including blockchain transaction (gas) fees, Digital Original platform fees, and any applicable storage or processing fees. These fees are non-refundable.
- Finality of Transactions: All purchases are final and non-refundable, and Andriy Kalkov does not offer price adjustments or reimbursements due to market fluctuations or any other reason.
- Auction Fees (if applicable): When an auction is conducted, specific participation fees, bid increments, and timelines will be disclosed on the auction page. Bidders acknowledge that winning bids are binding and must be honored.
- Currency and Taxes: Purchases must be made in cryptocurrency, as specified on the checkout page. The user is responsible for all applicable taxes, including reporting and remitting any taxes required by their jurisdiction.
- Using the Services for fraudulent, illegal, or unauthorized purposes.
- Attempting to hack, disrupt, or interfere with the operation of the Services.
- Violating any applicable laws, including intellectual property and privacy laws.
- Engaging in any activity that could harm Andriy Kalkov or its users.
- Circumventing or attempting to bypass platform security measures.
- Manipulating or interfering with auctions, pricing, or trading of digital collectibles.
- Uploading or distributing malicious software, viruses, or other harmful code.
- Engaging in deceptive marketing, spamming, or using automated bots.
- Ownership of Content: All content displayed on Andriy Kalkov, including artworks, artist photos, and biographies, is owned by Andriy Kalkov or its licensors. Users do not receive any license or rights to such content.
- DMCA Policy: If you believe that any content on Andriy Kalkov infringes your copyright, you may submit a takedown request in compliance with the Digital Millennium Copyright Act (DMCA). Andriy Kalkov reserves the right to remove content at its discretion.
- No Intellectual Property Rights: Purchasers do not receive any intellectual property rights in the collectibles. Collectibles are for personal enjoyment only.
- Restrictions on Use: Users may not commercialize, modify, reproduce, distribute, or publicly display their collectibles outside of personal use.
- Resale and Transfer Restrictions: Collectibles may only be resold or transferred through the Digital Original platform. Any attempt to sell, transfer, or distribute outside Digital Original is prohibited. This restriction is in place to ensure compliance with Andriy Kalkov’s marketplace policies and security standards.
- Permanent Nature of Transactions: Once a collectible is purchased, it becomes permanently linked to the user’s connected wallet, and Andriy Kalkov cannot reverse the transaction or modify the ownership record.
- Your access to or use of the Services.
- Your violation of these Terms.
- Any fraud, misconduct, or negligence by you in connection with your use of the Services.
- Any breach of applicable laws, regulations, or third-party rights.
- Violation of these Terms.
- Suspected fraudulent or unlawful activity.
- Attempting to bypass resale restrictions or platform security measures.
- Engaging in any action that may harm Andriy Kalkov, its users, or third parties.
- Failure to comply with applicable laws or regulations.
Welcome to Andriy Kalkov. These Terms of Use ("Terms") govern your use of the Andriy Kalkov website, digital collectibles marketplace, and related services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.
These Terms form a legally binding agreement between you and Andriy Kalkov. If you do not understand any provision, please contact our support team before using the Services.
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you:
You agree not to engage in any of the following activities:
Andriy Kalkov utilizes Digital Original for the minting, sale, and payment processing of digital collectibles. By using Andriy Kalkov’s Services, you also agree to be bound by Digital Original’s Terms of Service and other policies. Andriy Kalkov does not control and is not responsible for any issues arising from Digital Original’s platform, including but not limited to transaction failures, processing errors, or security vulnerabilities.
Users are encouraged to review Digital Original’s Terms of Service at https://digitaloriginal.app/terms-of-service/. Any disputes related to payment processing, minting, or transactions conducted through Digital Original shall be governed by their policies.
Andriy Kalkov shall not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, cyber-attacks, government actions, power outages, labor strikes, or technical failures.
Users are solely responsible for complying with all applicable laws and regulations in their jurisdiction related to the purchase, sale, use, and taxation of digital collectibles. Andriy Kalkov makes no representations regarding the legal status of digital collectibles under any legal framework.
You agree to indemnify, defend, and hold harmless Andriy Kalkov, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with:
Andriy Kalkov may assign or transfer its rights and obligations under these Terms without prior notice or user consent. Users may not assign their rights or obligations without written approval from Andriy Kalkov.
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a competent authority, the remaining provisions shall remain in full force and effect.
Provisions related to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution shall survive the termination of these Terms.
Andriy Kalkov may suspend or terminate your access to the Services at its sole discretion for reasons including, but not limited to:
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of laws principles. Any disputes shall be resolved through binding arbitration, with venue in Delaware, unless otherwise required by law.
Andriy Kalkov reserves the right to update or modify these Terms at any time, with or without notice. Continued use of the Services constitutes acceptance of the revised Terms.