Peace of Heart, NFT collection
Terms & Conditions (as of March 7th, 2022)
IDH Media Limited a company established under the laws of Ireland with its seat in Dublin, address: 22 Northumberland Road, Ballsbridge, Dublin 4, D04 ED73, Ireland, registered in Registrar of Companies under the register number: 563441 (“IDH Media”, “we”, “us”, “our”) provides its marketplace and services described herewith below to you (“you” or “Buyer“) through its website, platform, and marketplace located at peaceofheart.eu (the “Platform”), subject to the following Terms and Conditions (the “Terms”, “Terms and Conditions” “T&C”).
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED THEREIN, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED AMICABLY, INCLUDING THROUGH MEDIATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT.
We reserve the right, at our sole discretion, to change or modify portions or the full wording of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We will also notify you, either through the Platform user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Platform will be effective immediately. Your continued use of the Platform and after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions.
- Overview of the “Peace of Heart”, NFT collection
“Peace of Heart” is a platform that was created to raise funds through the purchase of non-fungible tokens (“NFTs”) by the buyer (“Buyer”). Every purchase will be a donation to Polish Humanitarian Action (“PAH”), which in turn will redistribute the money to aid Ukraine and Ukrainians amid the military conflict following Russia’s full-scale invasion of Ukraine on 24th February 2022.
The Platform runs on the Ethereum network, using smart contracts that provide an immutable ledger of all transactions that occur on the Platform. Using these smart contracts, users can buy unique digital assets (the “Digital Asset”) (each a “Donation”) in the form of a non-fungible token.
Donations can be made either:
1) by purchasing one of the NFTs from the Platform using the following guidance:
- Visit – the landing page (https://peaceofheart.eu/).
- Connect your Metamask wallet (by clicking the ‘CONNECT WALLET WITH METAMASK’ button).
- Click the ‘DONATE NOW’ button.
- Transfer ETH with Metamask wallet.
- Once the payment has been received, the NFT minting process will be triggered.
- The unveiling of the token will be announced within one month after the minting; OR
2) by paying for the NFT with a card through the indaStars Platform.
For card payments please refer to the Terms and Conditions available here: https://docs.indahash.com/doc/?n=indastars-terms-and-conditions
No Buyer is allowed to:
- interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform; or
- violate any applicable local, state, national or international law, or any regulations having the force of law, or which would involve proceeds of any unlawful activity;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities, including for the purpose of concealing economic activity, laundering money, or financing terrorism;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the content posted on the Platform, or to collect information about its Buyers for any unauthorised purpose;
- access or use the Platform for the purpose of creating a product or service that is competitive with any of our products or services.
4. Buyer’s Rights
Buyers receive a cryptographic token ERC-721, representing the Digital Asset as a piece of property, but do not own the creative work itself.
Buyers acknowledge and agree that upon purchase of the NFT they obtain a worldwide, non-assignable, non-sublicensable, royalty-free licence to use, copy and display for the following purposes:
(i) for the purpose of sharing, promoting, discussing, or commenting on the Digital Asset;
(ii) on third party marketplaces, exchanges, platforms, or applications in association with an offer to sell, or trade, the Digital Asset; and
(iii) within decentralised virtual environments, virtual worlds, virtual galleries, or other navigable and perceivable virtual environments (the “NFT Purchase Licence”).
Buyers acknowledge and agree that the NFT Purchase Licence lasts for as long as the Buyer is a valid owner and holder of the NFT.
The Buyer is not allowed to the following without obtaining a previous written consent from IDH Media:
(i) use the Digital Asset to advertise, market, or sell any third party product or service;
(ii) use the Digital Asset 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;
(iii) incorporate the Digital Asset in 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;
(iv) sell, distribute for commercial gain, or otherwise commercialise merchandise that includes, contains, or consists of the Digital Asset;
(v) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Digital Asset;
(vi) attempt to mint, tokenize, or create an additional cryptographic token representing the same Digital Asset, whether on or off of the Platform;
(vii) falsify, misrepresent, or conceal the authorship of the Digital Asset; or
(viii) otherwise utilise the Digital Asset for any third party’s commercial benefit.
5. Copyright Policy
You acknowledge and agree that the Platform may contain content or features (“Platform Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by IDH Media, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Platform Content, in whole or in part. In connection with your use of the Platform you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by IDH Media from accessing the Platform (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Platform or the Platform Content other than as specifically authorised herein is strictly prohibited. The technology and software underlying the Platform or distributed in connection therewith are the property of IDH Media, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by IDH Media.
Company, product, and service names and logos used and displayed via the Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to IDH Media. Nothing in this Terms and Conditions or the Platform should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of IDH Media and its Partners (i.e. Polish Humanitarian Action, Ashoka, Crypto4Changemaking, Plan Be Eco, Tech To the Rescue) Trademarks displayed on the Platform, without their prior written permission in each instance. All goodwill generated from the use of IDH Media Trademarks will inure to our exclusive benefit.
6. Assumption of Risks
All Digital Assets are outside of the control of any one party, including IDH Media, and are subject to many risks and uncertainties. We neither own nor control the Ethereum network, your browser, or any other third party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your Donations or any other interaction with any such third parties. The Buyer understands that your Ethereum public address will be made publicly visible whenever you register or engage in the Transaction on the Platform.
Donations on the Platform, including but not limited to the Preliminary Sale, listings, offers, bids, acceptances, and other operations utilise experimental smart contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus algorithms, and decentralised or peer-to-peer networks and systems. Buyers acknowledge and agree that such technologies are experimental, speculative, and inherently risky and may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum blockchain, which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or Digital Asset, or lost opportunities to buy or sell Digital Asset.
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IDH MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IDH MEDIA MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, PLATFORMS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.
You agree to release, indemnify and hold IDH Media and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Platform, any Buyer Content, your connection to the Platform, your violation of these Terms or your violation of any rights of another.
Any claim, dispute or matter arising under or in connection with these Terms shall be governed and construed in all respects by the laws of Poland.
Buyers agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
BUYERS EXPRESSLY UNDERSTAND AND AGREE THAT IDH MEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, LOSS IN VALUE OF ANY DIGITAL ASSET, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IDH MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:
(I) THE USE OR THE INABILITY TO USE THE PLATFORM;
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORMS RESULTING FROM ANY DIGITAL ASSET, GOODS, DATA, INFORMATION OR PLATFORMS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM;
(III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR
(V) ANY OTHER MATTER RELATING TO THE PLATFORM. IN NO EVENT WILL IDH MEDIA TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID POLISH HUMANITARIAN ACTION (“PAH”) IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.
IDH Media is processing Buyers’ data (i.e. the address of the wallet) which is available in a public domain.
- Fees and payments
By entering into donation and purchasing the NFTs the Buyer agrees to pay all applicable fees.
No refunds will be permitted on successful purchase of the NFT.
- Contact details
You may choose to submit comments, bug reports, ideas or other feedback about the Platform, including without limitation about how to improve the Platform (collectively, “Feedback”) by emailing us.
We are free to use such Feedback at our discretion and without additional compensation to you, and may disclose such Feedback to third parties.
Buyers with questions, complaints or claims with respect to the Platform can be made by contacting us at [email protected]