Last Updated: 01/09/2024
Welcome to azad1.com (“the Site”), a digital exhibition platform exclusively dedicated to the artworks of AZAD 777781. By accessing or using the Site, you agree to comply with these Terms and Conditions of Use. If you do not agree with any part of these Terms, you must discontinue use of the Site immediately.
This document aims to establish the legal framework governing the use of the Site and to clarify the rights and obligations of users, particularly regarding intellectual property, image rights, and the resale rights of artworks under European Union (EU) law. The EU has developed a robust legal framework to ensure the protection of artists’ rights, which is particularly relevant in the digital and NFT marketplaces context.
The Site serves as a virtual gallery for the exhibition of AZAD 777781’s digital artworks. It does not engage in commercial transactions, sales, or the transfer of ownership of any artwork. Any reference to the acquisition of an artwork does not imply that the Site facilitates sales. Instead, potential buyers are redirected to the exclusive and authorized NFT marketplace where the digital artwork is officially minted and listed.
Users acknowledge that:
The Site is not an e-commerce platform and does not offer direct purchasing mechanisms.
Any interest in acquiring an artwork showcased on the Site will lead the user to the authorized marketplaces.
The Site does not set, influence, or engage in pricing, sales, or transfers of NFTs.
Only the designated marketplaces are authorized to sell NFT artworks of AZAD 777781.
The Site does not assume responsibility for any technical, legal, or financial issues that may arise on third-party NFT platforms.
azad1.com expressly disclaims any liability arising from:
Technical, legal, or financial issues encountered on the NFT marketplaces to which users are directed.
Transactions, purchases, or sales executed on third-party platforms, including failed transactions, unauthorized purchases, or loss of digital assets.
Disputes concerning ownership, resale, or transfer of NFT artworks after acquisition.
Unauthorized attempts by third parties to sell or distribute NFT artworks under the name of AZAD 777781 outside the designated marketplaces.
Users acknowledge that all NFT transactions occur outside the Site and are subject to the terms of the respective NFT marketplaces. azad1.com does not provide warranties regarding third-party platforms.
All artworks exhibited on azad1.com are the exclusive intellectual property of AZAD 777781. The artist retains full rights, including but not limited to:
Copyright and reproduction rights.
Distribution rights.
Moral rights, including the right to attribution and opposition to derogatory treatments of the artwork.
Under EU law, copyright protection is granted automatically to an artist upon the creation of a work. The European Union enforces strong intellectual property protections through the Directive 2001/29/EC on the Harmonisation of Copyright and Directive 2019/790/EU on Copyright in the Digital Single Market, which ensure that artists maintain full control over the reproduction and distribution of their works, including NFTs.
Users are strictly prohibited from:
Copying, downloading, or reproducing exhibited artworks in any form without explicit authorization.
Minting, selling, or distributing the artworks as NFTs outside the authorized marketplaces.
Using any artwork, in whole or in part, for commercial, promotional, or derivative purposes without the artist’s express written consent.
Unauthorized use or infringement of intellectual property rights will result in legal action and potential claims for damages under EU copyright law.
The artist AZAD 777781 retains full rights over their image and likeness, including rights related to the digital representation of their artworks. The unauthorized use, reproduction, or distribution of AZAD 777781’s image, including misrepresentation of their identity in connection with NFTs or digital assets, is strictly prohibited.
The EU provides strong legal protections for image rights under the General Data Protection Regulation (GDPR), which ensures that individuals maintain control over the use of their personal data, including likeness and image rights. Unauthorized exploitation of the artist’s image may result in legal consequences under GDPR provisions.
Under EU Directive 2001/84/EC on the Resale Right for the Benefit of the Author of an Original Work of Art, AZAD 777781, as a visual artist, is entitled to receive a resale royalty when their original works, including NFTs, are resold in the secondary market via professional art dealers, auction houses, or online platforms.
The resale right:
Applies to sales exceeding the minimum resale price set by EU law.
Grants the artist a percentage of the resale price.
Is enforceable in all EU Member States where the directive is applicable.
Ensures that artists benefit financially from the appreciation of their work over time, even after the initial sale.
This right is particularly relevant in the NFT space, where digital artworks often gain value and are resold multiple times. All resale transactions involving AZAD 777781’s NFT artworks must comply with EU regulations on resale royalties.
The European Union has established strict legal frameworks for the enforcement of intellectual property rights, including:
Directive 2004/48/EC on the Enforcement of Intellectual Property Rights, which provides mechanisms for legal action against infringement.
Regulation (EU) 2019/1150 on Promoting Fairness in Digital Platforms, which ensures transparency in online transactions and fair treatment of artists in digital marketplaces.
Digital Services Act (DSA), which strengthens the accountability of online platforms in preventing intellectual property violations.
These regulations provide AZAD 777781 with strong legal recourse against unauthorized use of their works and ensure that digital marketplaces operate in compliance with EU intellectual property standards.
azad1.com reserves the right to modify these Terms and Conditions at any time without prior notice. Users are encouraged to review these Terms periodically to stay informed of any changes.
These Terms and Conditions shall be governed and interpreted under EU laws concerning intellectual property and digital assets. Any disputes shall be subject to the exclusive jurisdiction of the competent courts of the Grand Duchy of Luxembourg.
By continuing to use azad1.com, users confirm their understanding and acceptance of these Terms. The Site upholds the highest standards in protecting artists’ rights under EU law and takes legal measures to ensure compliance with all relevant regulations.