Fountain lets you buy and collect digital artworks, which are then minted as non-fungible tokens (NFTs). We’re a platform that showcases digital art by reputable artists, allowing the work to be bought and enjoyed by collectors.
We’ve tried to keep the legal stuff as simple as possible for you. But the lawyers made us put this in, so you must read it all the way through. If you use Fountain online or on an app, you’ll need to agree to all of these terms. So here goes, because we know how much you love Terms and Conditions…
To use Fountain to buy artworks, you’ll need to register an account. You’ll need to be at least 18 years of age and give us your name and email address, and other information we may ask for to stay within regulatory requirements.
Keep in mind you’ll be responsible for protecting the security and password of your account and accept any risk of any unauthorised use of or access to your account. You must let us know right away if you think your account has been hacked or if there’s been a security breach.
We can suspend or even close your account at any time if we believe you’re breaching our terms, or if you’re using Fountain to engage in any form of illegal, illegitimate, unethical or offensive conduct.
When you purchase an artwork you’ll have two options – to store the NFT of your artwork in Fountain’s wallet, or to send it to a Tezos digital wallet that you own.
Items in your own Tezos wallet are held by you, not us. That means we don’t provide any custodial service and you are solely responsible for the security of your own Tezos wallet.
We accept no liability or responsibility for any lost or stolen NFTs due to forgotten, lost or stolen passwords, or any other unauthorised access to your own Tezos wallet.
Fountain HQ is in New Zealand, and our governing law is New Zealand law. That means you must comply with all applicable New Zealand laws and agree to take reasonable steps to check you’re on the actual platform, and verify the identity, legitimacy and authenticity of any digital artworks before buying anything. You also agree not to intentionally interfere with our platform, site and software, nor subject Fountain to any kind of harmful files, code or malware. Fountain grants registered users a limited, revocable, non-exclusive, non-transferable, ‘as is’ licence to access and use the Platform solely for personal, non-commercial use, subject to these Terms.
Fountain owns all intellectual property rights in and to the Platform, including source code, design and any trademarks.
Copyright always remains with the artist and the artwork you purchase cannot be altered, changed, modified, or used for any other commercial purpose. Fountain artworks only give the buyer the right to view and display the art for their personal and domestic use, and potentially to sell the NFT of the artwork on the Fountain platform at a later date. All other rights in relation to the artwork and any associated NFTs (whether commercial or non-commercial) are reserved including, rights to copy, reproduce, broadcast, re-mint and/or to create derivative works.
From time to time, Fountain may sell an artwork with specific instructions or conditions, which will be shown with the artwork details before any sale. It’s important to understand that any copyrights and IP are not sold or transferred when you buy an artwork from Fountain – and that these remain the property of the artist.
If you have an issue or complaint, or would like to know more about any aspect of Fountain or the artist we represent, please get in touch with us at email@example.com
Fountain receives a commission for every artwork sold. Our prices are listed in USD and are inclusive of local sales tax by law. You can pay by credit card or cryptocurrency (currently only Bitcoin or Ethereum). For payments by credit card, we use a third party payment provider to handle purchase transactions. For payments by cryptocurrency, you are required to manually transfer the equivalent amount of USD in cryptocurrency to Fountain’s nominated wallet. The amount you transfer must reflect the current USD to Bitcoin or Ethereum exchange rate provided to you by Fountain. This rate is updated every 60 seconds, so time is of the essence.
If you buy an artwork through the Platform please know that all sales are non-refundable once the artwork has been minted as an NFT.
Fountain is governed by the rules of the Consumer Guarantees Act 1993 (CGA).
That said, the Fountain platform is offered on an ‘as is’ basis, and has no service warranties or conditions of any kind, including that the service will meet your needs and be available on an uninterrupted or error-free basis. We may also update the platform from time to time for maintenance, so it may be temporarily unavailable.
When you use Fountain, it is entirely at your own risk, but still within your rights under the CGA. We are not responsible for any damages or loss resulting from your use of the platform. Notwithstanding the above, it is a condition of use that you agree that any liability for Fountain Art Ltd will be limited to $100 NZD in total.
While we’ve designed Fountain to be robust, simple, and easy to use, we cannot guarantee that the Platform will be free from hacking attacks or malicious code, and we will not be liable for any data loss or other corrupted files resulting from a security incident impacting the Platform. If you have an issue, reach out to us first at firstname.lastname@example.org and we’ll do what we can to help you.
Fountain artworks and their NFTs are intangible digital assets. Like any artwork, the value is subjective and could go up or down depending on a number of factors. Fountain has no control over the future value of your artwork, and prices of artworks and NFTs can sometimes be volatile. By using Fountain, you acknowledge that NFTs and digital artworks can be prone to technology risks. All artworks are bought from Fountain at your risk, and you must assess whether they are right for you before purchasing. Fountain cannot offer refunds once an NFT has been minted.
Fountain has no control over links to third party websites. We take no responsibility for the content, validity, accuracy or use of any other website and any access to a third party website or link and this is done so at your own risk.
We’ll let you know if we update these terms, and publish current terms on our website. If you use the Platform after the effective date of these notifications, we’ll take this as your acceptance of the updated Terms.