Important Legal Notice

These terms and conditions together with any documents and policies referred to on this page (the “Terms”) set out the terms on which you (“you”) may use our, Gaetan Caupto’s NFT), website gaetan-caputo.com and its subdomains (or as otherwise amended or replaced from time to time, our “Website”) and any content, services and features made available on our Website.

Please read these Terms carefully before using our Website. By continuing to use our Website you indicate that you accept these Terms and that you agree to abide by them. If you use our Website in the course of your business or work, you are also agreeing to these Terms on behalf of that business. If you do not agree to these Terms, please stop using our Website immediately.

If you have any questions concerning these Terms or any material appearing on our Website, please contact info@gaetan-caputo.com.

Information About Us

Me, Gaetan Caputo, administrator of SQUAT photography SARL based in Luxembourg  with company registration 2006 24 07019 .


Website artworks & Permitted Use Policy

i'm the owner or the licensee of all intellectual property rights (including without limitation copyright, trademarks and design rights (whether registered or unregistered) database rights, and rights in confidential information and know-how) in my Website and in all information, articles and artwork published on our Website (the “ artwork ”). The artwork is protected by copyright laws and treaties around the world and you are only permitted to use it as expressly authorised under these Terms.

In consideration of you complying with these Terms, i grant to you for your personal and lawful use only a non-commercial, non-exclusive, non-transferable, royalty-free, revocable licence to:

  • retrieve and view the artwork on any device that is compatible with the Website (such as a PC, laptop, smartphone or tablet); and
  • share links from our Website using social media tools.

No intellectual property rights in the artworks shall be transferred to you.

You agree that you shall not (either solely or jointly with or on behalf of any other third party) or permit others without our prior written consent: to modify or create derivative works from the artwork, or in any way commercially exploit any of the artwork; or to create a database in electronic or structured manual form by downloading and storing all or any of the artwork from our Website for any purpose whatsoever.

You also agree that in relation to our Website you shall not (either solely or jointly with or on behalf of any other third party) do any of the following:

  • post, publish, broadcast, reference (via links or otherwise) or transmit to or from our Website any artwork that is threatening, defamatory, obscene, offensive, abusive, discriminatory, inflammatory, blasphemous, in breach of confidence, objectionable or for which you have not obtained all necessary licenses and/or lawful approvals; or
  • upload files that contain artwork protected by copyright or any other form of intellectual property right unless you own or control such rights or have received all necessary licenses and/or approvals; or
  • do anything that is in any way unlawful or misleading or fraudulent, or has any unlawful or misleading or fraudulent purpose or effect; or
  • transmit, broadcast or procure the sending of any unsolicited or unauthorised advertising or promotional artwork or any other form of similar solicitation; or
  • damage, interfere with or disrupt access to our Website or do anything which may interrupt or impair our Website’s functionality; or
    delete any author attributions, legal notices, (including without limitation copyright and trademark notices) from any artwork; or
  • access or attempt to access any area which you are not authorised to access or circumvent or attempt to circumvent any security functionality.

Your Warranties

You covenant, represent, and warrant that:

  • you are eligible under applicable law to agree to these Terms and all related obligations, including but in no way limited to meeting any age, residency legal capacity, competency and all other requirements. Should any limitation or prohibition as to your acceptance of any obligation under these Terms under applicable law, you shall not enter into these Terms;
  • you are legally permitted to buy, hold, participate in, sell, and / or otherwise make use of (all together “deal in”) NFTs in your and any other relevant jurisdiction, and shall not deal in NFTs if such use is prohibited under applicable law;
  • you are not, under the applicable law of your jurisdiction, making a regulated investment or carrying on a regulated activity when you deal in NFT, or otherwise enter these Terms;
  • you have the necessary and relevant experience, knowledge and understanding to deal in cryptoassets, NFTs and blockchain-based systems generally, including but not limited to sufficient understanding of their risks, functionality, usage, storage, transmission mechanisms and the intricacies associated with them, to be able to competently enter into these Terms and to accept NFTs;
  • you are aware of all the merits, risks and any restrictions associated with NFTs, cryptoassets and blockchain-based systems, and you know how to manage these digital technologies;
  • you have not received any advice from me regarding whether dealing in any NFT is a suitable for you, and you are solely responsible for any evaluations, decisions and actions you make concerning NFTs, cryptoassets and / or blockchain-based systems;
  • you will supply us with all information, documentation or copy documentation that we require in order to allow us to permit you to deal in NFTs and you will notify us promptly of any change to the information supplied by you to us;
  • all information you will and have supplied to us is accurate and not misleading, and you will provide us with any additional information which we may reasonably require in order that we can fulfil our legal, regulatory and contractual obligations, including but not limited to any anti-money laundering obligations (on which , please see clause “Identity verification”), and you will notify us promptly of any change to such information provided to us ;
  • you take sole responsibility for any restrictions and risks associated with receiving and holding NFTs;
  • you are dealing in NFTs for any illegal purpose, and will not use NFTs for any illegal purpose;
  • your funds used for dealing in NFTs in no way comes from illegal or unethical sources;
  • you waive any right you may have  to participate in a class action lawsuit or a class wide arbitration against me, and / or any individual involved with me, in relation to the creation, issuance, distribution, acceptance and use of NFTs;
  • you understand that each NFT only confer the rights explicitly disclosed to you in relation  to that NFT, confers no other rights of any form; and
  • you understand the tax implications when dealing in NFTs and accept responsibility for any tax in relation to your dealing in NFTs – you may not hold me or any party associated with me (including developers, auditors, contractors or founders) liable for any tax liability associated with or arising your dealing in NFTs.


Identity verification

You agree to provide me with the information i request (which i may request at any time deemed necessary) for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit i to keep a record of such information.

Viruses, Hacking and Other Offences

You must not misuse my Website by introducing viruses, trojans, worms, corrupted files, logic bombs or other material or software which is malicious or technologically harmful. You must not attempt to gain unauthorised access to my Website, the server on which my Website is stored or any server, computer or database connected to my Website. You must not attack my Website via a denial-of-service attack or a distributed denial-of service attack.

I make no warranty that this Website or the equipment that makes it available shall be free from any viruses or anything else which may cause harm to your (or anyone else’s) computing equipment. As such, i will not be liable for any loss or damage caused by a denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading or accessing of any material posted on it, or on any website linked to it.

Indemnity

You agree to indemnify i against all and any expenses, costs, losses, liabilities and damages howsoever incurred by i whether in relation to any claims or proceedings or otherwise, which arise in any way from your use of our Website or from any breach by you of these Terms or for any use of omy Website by anyone using your password and login information.

Links from our Website

Where my Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Whilst i endeavour to vet those third parties who we link to, i have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them and you shall select and use any such links entirely at your own risk.

Linking to our Website

You may link to my Website provided that you do not:

  • in anyway suggest that i endorsing any of your products or services; or
  • misrepresent our relationship with you nor present any other false information about me; or
  • display or use a link to my Website in a manner that causes the Website or any portion of its content to display within a frame; or
  • embed into your website, or link directly to without proper credit and context, any asset, file or resource (for example an image or PDF document) contained in my Website, unless you have our express permission to do so; or
  • link to my Website if your website (or any part of it) may be considered to be obscene, defamatory, harassing, offensive or malicious, or if your website infringes any third party rights or otherwise does not comply with all applicable laws or regulations.

I may, at my sole discretion, for any or no reason, terminate your right to link to my Website by providing you with written notice. Upon receiving any such written notice you shall immediately remove any such link to our Website.

Changes to these Terms

I may revise these Terms (and referenced terms and policies) at any time by amending this page. You are expected to check this page from time to time to take notice of any changes i may make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on my Website.

General

You may not assign, sub-licence or otherwise transfer any of your rights under these Terms as such rights are personal to you.

If any provision of these Terms shall be held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, such provision shall be deemed to be deleted from these Terms and the legality, validity and enforceability of the remainder of these Terms shall not be affected.

No waiver of any provision of these Terms by me shall be effective unless in writing and executed by me. No failure or delay by a party to exercise any right, power or remedy under these Terms shall operate as a waiver of that right, or any other right, nor shall any single or partial exercise of any right, power or remedy preclude any other or further exercise of that right or any other right, power or remedy.


Jurisdiction & Applicable Law

The belgian & Luxembourg courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you or to enforce proceedings already concluded for breach of these conditions in your country of residence or any other relevant country.

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Belgium & Luxembourg. 

Contact

You may contact us at the following address:

Gaetan Caputo
Squat photography sarl
rue des 3 cantons 9
8399 Windhof
Luxembourg 

Phone : +32475466571

email : info@gaetan-caputo.com


Effective date: 25 May 2018

Updated date: 30 March 2021



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