Terms & Conditions - Minting Exhibition Tokens

Legal

This terms of use (together with the contents of the hyperlinks referred to in it) tells you the terms of use on which you may mint exhibition tokens as part of Third World: The Bottom Dimension (the Game), held at Serpentine North from 23 June – 22 October 2023 (Exhibition). The tokens are Tezos-based cryptographic tokens and they will be linked to segments of your game-play using the Capture Power feature of the Game (Game Captures). By minting these tokens, you will retain a permanent digital record of your Exhibition experience (Exhibition Tokens).

Please read these terms of use (including any policies and third party terms referenced and/or hyperlinked herein) (together, the Terms) carefully before you mint Exhibition Tokens, as these will apply to your minting of Exhibition Tokens and your rights in relation to those Exhibition Tokens. These Terms will also apply to your transfer, sale and purchase of Exhibition Tokens. By minting, transferring, selling or purchasing Exhibition Tokens, you confirm that you accept these Terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not mint, transfer, sell or purchase Exhibition Tokens.

Other Applicable Terms

These terms of use refer to the following additional terms, which also apply to your minting, minting, transferring, selling and purchasing of Exhibition Tokens:

• Our Third World Playing Terms, which set out the terms on which you may play the Game, whether you play the Game in the Exhibition or by downloading the Game onto your PC. Use of the Game includes registering, accessing, browsing, downloading, interacting with and playing the Game and recording of Game Captures. By using the Game, you confirm that you accept those terms of use and that you agree to comply with them.
• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By minting Exhibition Tokens, you agree to such processing and you warrant that all data provided by you is accurate.
• The OBJKT Marketplace Terms, which set out the terms on which you may use the OBJKT Marketplace to mint Exhibition Tokens. Where there are any inconsistencies between these terms and the OBJT Marketplace Terms, you agree that these terms will prevail.
• The CC-CC BY-NC-ND 4.0 Legal Code, for your use of the copyright in the Exhibition Tokens and the associated Game Captures linked to Exhibition Tokens. By minting the Exhibition Tokens, you confirm that you accept these licence terms and that you agree to comply with them.
• The Kukai Terms of Use, if you are setting up a new Kukai wallet to mint exhibition tokens associated with Game Captures at the Exhibition. By setting up a new Kukai Wallet, you confirm that you accept these terms of use and that you agree to comply with them.

Information about Us

The Game is commissioned by The Serpentine Trust, who is registered in England and Wales under company number 02150221 and has its registered office at Serpentine Gallery, Kensington Gardens, London W2 3XA. The Serpentine Trust is a private company limited by guarantee without share capital.

The Game and Exhibition Tokens are conceptualised by Gabriel Massan. Gabriel Massan is a Brazilian-born artist based in Berlin, Germany and Paris, France.

In these terms, “us” and “we” means The Serpentine Trust and Gabriel Massan.

Changes to These Terms

We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Exhibition Tokens

Exhibition Tokens are Tezos-based cryptographic tokens and they feature segments of your Game Captures. We use the NFT smart contract standard for Tezos called FA2, which runs the minting and transfer of Exhibition Tokens on objkt, a digital art and collectible marketplace on the Tezos blockchain.

The files of your Game Captures are stored on the Interplanetary File System, a peer-to-peer network for storing and sharing data in a distributed file system (IPFS). The Exhibition Token smart contract includes the IPFS hash (or link) to the files of your Game Captures.

We reserve the right in our sole and absolute discretion to amend, modify, alter or supplement the Exhibition Token smart contract from time to time.

Minting Process

Minting of Exhibition Tokens is made available at the Exhibition free of charge, using our tablet devices. You will be able to select your Game Capture via the minting homepage on our tablet devices (Minting Homepage). Visitors enter the 6-digit game code they used to play the game in the exhibition on the tablet minting device in order to select one Game Capture and are then prompted to scan a QR code that will then encourage visitors to complete the process on their own mobile device. Visitors scan the QR code and either set up Kukai wallet or link to existing wallet in order to finalise the minting on objkt (Minting Platform).

The Tezos network requires the payment of a transaction fee (Gas Fee) for every transaction that occurs on the Tezos network, and thus every transaction involving Exhibition Tokens, including the minting of Exhibition Tokens. Gas fees for the minting process will be incurred by us.

The Exhibition Tokens are directed to people attending the Exhibition on a temporary basis. We do not represent that the minting of Exhibition Tokens will be appropriate or available in other locations. We do not guarantee that the minting of Exhibition Tokens will always be available or be uninterrupted at the Exhibition.

We may update, suspend, withdraw, discontinue or change all or any part of the Exhibition Tokens offering without notice.

You Acknowledge the Risks of Smart Contracts

All transactions using Exhibition Tokens, including, but not limited to, the minting, transfer, sale and purchase of Exhibition Tokens are done at your sole discretion and at your complete risk. If you invoke, call, request or otherwise engage with an Exhibition Token smart contract you agree to be bound by the outcome of that Exhibition Token smart contract, whether or not the Exhibition Token smart contract behaves as you expect.

We do not own nor control third party digital wallets, Google Chrome, Safari, objkt or the Tezos network, or any other third-party site, product or service that you might access, visit or use for the purpose of minting, transferring, selling and purchasing Exhibition Tokens.

You acknowledge that Exhibition Tokens may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Tezos blockchain (i.e., “forks”), which can adversely affect the Exhibition Tokens and may expose you to a risk of total loss, forfeiture of your Exhibition Tokens, or lost opportunities to mint, transfer, buy or sell Exhibition Tokens.

You assume the risk of initiating, interacting with, and participating in the minting of Exhibition Tokens and take full responsibility and liability for the outcome of any transactions you initiate, interact with or participate in, whether or not the Exhibition Tokens, the Minting Homepage or other users behave as expected or intended.

We will not be liable for the acts or omissions of any third parties, or your use of third party sites, products or services, including digital wallet providers, Google Chrome, Safari, objkt or the Tezos network, or any other third party, nor will we be liable to you or any third party for any direct or indirect damage or loss that you may suffer as a result of using the Minting Homepage or minting, transferring, selling or purchasing Exhibition Tokens.

You Acknowledge the Risks of Minting Exhibition Tokens

You acknowledge that minting Exhibition Tokens is subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by us or third parties. This warning and others provided in these Terms is in no way evidence or a representation of an ongoing duty to alert you to any and all of the potential risks of accessing the Minting Homepage and the Minting Platform, setting up digital wallets and minting, transferring, selling or purchasing Exhibition Tokens.

Our Minting Homepage and the Minting Platform may experience sophisticated cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions to or delays on the Minting Homepage, Minting Platform or to the minting, transferring, selling or purchasing Exhibition Tokens.

You agree to accept the risk of our Minting Homepage, the Kukai website, other digital wallet applications and the Minting Platform failing resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. We will not bear any liability, whatsoever, for any damage or interruptions caused by any viruses that may affect your computer, smartphone or other equipment, or any phishing, spoofing, or other attacks.

You Acknowledge the Risks of Digital Assets

The prices of digital assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your Exhibition Tokens, which may also be subject to significant price volatility.

Digital assets are, by their nature highly experimental, risky and volatile. Smart contract transactions carried out using the Minting Platform are irreversible, final and non-refundable.

You acknowledge and agree that you will access and use the Exhibition Tokens at your own risk. The risk of loss in trading digital assets can be substantial. You should therefore carefully consider whether buying or selling digital assets is suitable for you in light of your circumstances and financial resources.

By using minting, transferring, selling or purchasing Exhibition Tokens, you represent that you have been, are, and will be solely responsible for making your own independent appraisal and investigations into the risks of a given transaction and the underlying digital assets. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your own evaluation of the merits and risks of any transaction conducted via our Website or any underlying digital asset.

You accept all consequences of minting, transferring, selling or purchasing Exhibition Tokens, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with the use of the Exhibition Token smart contract for performing digital asset transactions. Under no circumstances will the providing of access to the Exhibition, the Game, the Minting Homepage, the Kukai website or the Minting Platform, or the operation of Exhibition Tokens, be deemed to create a relationship that includes the provision or tendering of investment advice.

Minors

If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to use the Game, you agree to:

• exercise supervision over the Minor’s minting and use of Exhibition Tokens;
• assume all risks associated with the Minor’s minting and use of Exhibition Tokens, including the transmission of content or information to and from third parties via the internet;
• ensure that the content and information that the Minor may encounter in the minting and use of Exhibition Tokens is suitable for the Minor;
• assume liabilities resulting from the Minor’s minting and use of Exhibition Tokens;
• ensure the accuracy and truthfulness of all information submitted by the Minor; and
• provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to the minting of Exhibition Tokens on this basis.

Intellectual Property Rights and Crediting

We are the joint owners or the joint licensees (as applicable) of all intellectual property rights in the Game Captures. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Other than as contemplated by these Terms and the [Third World Playing Terms], you must not use any intellectual property rights, including but not limited to, intellectual property rights in illustrations, text, photographs, video or audio sequences or any graphics in or related to the Game, underlying works and the Game Captures without obtaining a licence to do so from (each of) us and our relevant licensors (as applicable).

If you are the holder of an Exhibition Token, you own the cryptographic token linking to the Game Captures, rather than the Game Captures linked to the Exhibition Tokens.

It is your responsibility to obtain permission from (each of) us and our relevant licensors before exploiting the intellectual property rights in or related to the Game, underlying works and the Game Captures, other than as contemplated by the limited licence rights provided in these Terms below.

You agree to credit the works in any manner directed by us, and pursuant to the licence terms we give to you.

If you use the Game Captures linked to your Exhibition Token in breach of these Terms, you must, at our option, dispossess and relinquish your rights, title and interest to your Exhibition Token, burn any copies of the Exhibition Token that you may have and provide us with the transaction ID of that transfer.

Your Limited Licence Rights and Crediting Obligations

If you are the current holder of an Exhibition Token, we hereby grant you a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International Public License in relation to the Game Captures associated with your Exhibition Token (Limited Licence Rights). In accordance with and subject to the terms and conditions of the Limited Licence Rights, you are granted a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable licence to reproduce and share the Game Captures associated with your Exhibition Token for non-commercial purposes only.

The granting of the Limited Licence Rights is subject to you crediting us in the following format where reasonably possible:

Third World: The Bottom Dimension, by Gabriel Massan and collaborators. Commissioned and Produced by Serpentine Arts Technologies. Powered by Tezos.

Where it is not reasonably possible to credit us in the above-mentioned format, but it is possible to tag us (such as on social media platforms and online community servers) you agree to tag Gabriel Massan, Serpentine and Tezos.

Holders of Exhibition Tokens are also granted the right to transfer their Limited Licence Rights to future transferees or purchasers of their Exhibition Tokens in accordance with these Terms. This right to transfer Limited Licence Rights is subject to the holders of Exhibition Tokens transferring or selling their Exhibition Tokens in accordance with these Terms.

You agree and acknowledge that the lawful ownership, possession, and title to Exhibition Tokens is a necessary and sufficient condition precedent to receiving the Limited Licence Rights to the Game Captures linked to the Exhibition Tokens as provided by these Terms and any additional terms and conditions imposed by us.

Where holders of Exhibition Tokens transfer or sell their Exhibition Tokens to a subsequent holder, the former holder’s rights and interest in the Limited Licence Rights will transfer to the subsequent holder as provided by these Terms and any additional terms and conditions imposed by us.

Where holders of Exhibition Tokens dispossess, burn, or otherwise relinquish their Exhibition Tokens their rights and interest in the Limited Licence Rights as provided by these Terms and any additional terms and conditions imposed by us will immediately terminate.

Resale Royalties

For every sale of Exhibition Tokens, a percentage of the total sale price is distributed to Gabriel Massan and their collaborators (Resale Royalty).

Where a statutory resale royalty of the percentage of the total sale price (or less) applies to a transaction, the collection and distribution of the Resale Royalty will constitute payment of that statutory resale royalty.

Resale Royalties are executed and transferred to Gabriel Massan and their collaborators at the time of the sale and resale of an Exhibition Token. You agree to be bound by the Exhibition Token smart contract execution and distribution of the Resale Royalty.

We cannot collect any resale royalties or other charges for transactions occurring outside of the Minting Platform that don’t deploy the Exhibition Token smart contract.

Your Rights to Transfer and Sell Exhibition Tokens

You are permitted to freely transfer, sell or resell your Exhibition Tokens with the following conditions:

• you commit to using the Minting Platform or another platform that has interoperability with Exhibition Tokens, that allows for the Resale Royalty to be distributed to us;
• you resell the Exhibition Tokens with these Terms, and you cause the new buyer to agree to them;
• you acknowledge and agree to the warranties outlined below.

For each transfer or sale of Exhibition Tokens, you warrant that you:

• are the owner of the Exhibition Tokens or a joint owner of the Exhibition Tokens acting with the permission of the other co-owners, or if the transferor or seller (as applicable) is not the owner or joint-owner of the Exhibition Tokens, have the permission of the owner to sell the item, or the right to do so in law;
• have the right to transfer ownership of the Exhibition Tokens to the transferee or purchaser (as applicable) without any restrictions or claims by anyone else, subject to the payment of the Resale Royalty;
• have not obtained the Exhibition Tokens illegally or without authorisation.

Restrictions on Using Exhibition Tokens

You agree that you may not, nor permit any third party, to do or attempt to do any of the following without specified approval in writing from us:

• modify, distort, mutilate, or perform any other modification to the Game Captures or the Exhibition Tokens that is in any manner harmful to Gabriel Massan and their collaborators’ honour or reputation;
• use the Game Captures or the Exhibition Tokens to advertise, market, or sell any third party product or service;
• use the Game Captures or the Exhibition Tokens in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others;
• incorporate the Game Captures into movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms and solely for your personal, non-commercial use;
• sell, distribute for commercial gain, or otherwise commercialise merchandise that includes, contains, or consists of the Game Captures;
• attempt to trade mark or otherwise acquire additional intellectual property rights in or to the Game Captures;
• attempt to mint, tokenise, or create an additional cryptographic token representing the same Game Captures;
• falsify, misrepresent, or conceal our ownership of the intellectual property rights in the Game Captures; or
• otherwise utilise the Game Captures for your or any third party’s commercial benefit.

You irrevocably release, acquit, and forever discharge us and our subsidiaries, affiliates, officers, and successors of any liability for royalties, fines, fees or charges not received by you from any transaction occurring outside of the Minting Platform involving Exhibition Tokens.

Limitation of Our Liability

[Subject to the below] our total aggregate liability shall be limited to the fees paid by you for the Game or GBP 5, whichever is the lowest.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Exhibition Tokens or any content or links hashed to the Exhibition Tokens, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the Exhibition Tokens; or
• use of or reliance on any content in or related to the Exhibition Tokens.

We will not be liable for any direct or indirect:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any or consequential loss or damage.

You agree not to use the Exhibition Tokens for any commercial or business purposes.

We assume no responsibility for the content of websites linked to the Exhibition Tokens. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Indemnity

You agree to defend, indemnify, and hold us harmless, our members, contributors, affiliates, licensors, and service providers and our respective officers, directors, contributors, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable lawyers’ fees) arising out of or relating to:

• your violation of these Terms;

• your use of the Exhibition Tokens, including but not limited to your use of Game Captures and other features, other than as expressly authorised in these Terms;

• your use or reliance on any information obtained from the Exhibition Tokens or Exhibition; or

• any other party’s access and use of the Exhibition Tokens with your assistance or by using any device or account that you own or control.

Viruses

We do not guarantee that the Exhibition Tokens will be secure or free from bugs or viruses. When you are minting, transferring, selling or purchasing Exhibition Tokens, you are responsible for configuring your information technology, computer programmes and platform in order to complete the transaction involving the Exhibition Tokens. You should use your own virus protection software.

You must not misuse the smart contract transaction process by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Exhibition Tokens or the Game Captures associated with your Exhibition Tokens, the servers on which the Game Captures is stored or any server, computer or database connected to the Game Captures associated with your Exhibition Tokens. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such violation to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to mint, transfer, sell or purchase Exhibition Tokens or use the Limited Licence Rights will cease immediately.

Unacceptable Behaviour

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to the Exhibition Tokens or to us. This includes, but is not limited to:

• any act that would constitute a breach of either the privacy (including uploading private or personal data without an individual’s consent) or any other of the legal rights of individuals;
• the infringement of any third party intellectual property rights through your use of the Exhibition Tokens;
• using the Exhibition Tokens to defame or libel us, our contributors or other related individuals;
• uploading files that contain viruses that may cause damage to our property or the property of other individuals;
• engaging in any attack, hack, interference, or exploit of the Exhibition Tokens or any part thereof;
• using our services in any manner that could damage, disable, overburden or impair the functioning of the Exhibition Tokens in any manner;
• developing, utilising, or disseminating any software, or interacting with any API in any manner, that could damage, harm, or impair the Exhibition Tokens;
• reverse engineering any aspect of the Exhibition Tokens, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to the Exhibition Tokens or any part thereof, area or code;
• using any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorised by us to access the Exhibition Tokens, extract data or otherwise interfere with or modify the rendering of Game pages or functionality;
• using data collected from the minting, transfer, sale or purchase of Exhibition Tokens to contact individuals, companies, or other persons or entities;
• using data collected from the minting, transfer, sale or purchase of Exhibition Tokens for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
• bypassing or ignoring instructions that control any automated access to the Exhibition Tokens;
• using the Exhibition Tokens for any illegal or unauthorised purpose, or engaging in, encouraging or promoting any activity that violates these Terms;
• using the Exhibition Tokens to carry out any illegal activities, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Exhibition Token, or us; and
• engaging in deceptive or manipulative trading activities.

We have the right but not the obligation to monitor your minting, transfer, sale and purchase of Exhibition Tokens. We also have the right to terminate your Limited Licence Rights for any or no reason, including without limitation, any violation of these Terms. We may exercise these rights at any time, without notice or liability to you or any third party.

Third Party Links

Where the Minting Interface and Minting Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

Applicable Law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Contact Us

To contact us, please email [email protected].

Thank you for minting Exhibition Tokens.