Last Updated: June 11, 2024
Introduction
Original Wheeler ("we," "us," or "our") offers an online platform through originalwheeler.com (the “Site”), which serves as the official online gallery for the artist Drew Wheeler, known as Original Wheeler or originalwheeler.eth. Additionally, this Site facilitates the Primary NFT Sale and transfer of unique physical artworks exclusively in NFT primary sales, associated with Non-Fungible Tokens (NFTs) under the “Paintings + NFT” collections. These Terms of Use ("Terms") govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site.
Acceptance of Terms
By accessing or using any part of the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms; if you do not agree to these Terms, you must not access or use the Site.
NFT Sales and Purchases
Purchases of all NFTs, including NFT Primary Sales that include a physical artwork benefit, are conducted on the OpenSea.io marketplace. For additional services requested through the Primary Sale Shipping Form on our website, payments in USDC must be made to the artist's associated Ethereum ENS address: originalwheeler.eth (0xe9f1cAB4559B44fA908Ad113841c540056b08082).
“Paintings + NFT” NFT Ownership and Artwork Sale
NFTs categorized in “Paintings + NFT” collections correspond to unique physical artworks ("Artwork") created by the artist. As the primary sale purchaser of a “Paintings + NFT” NFT, you are entitled to receive the corresponding physical Artwork subject to the conditions outlined in these Terms. We are not responsible for any aspect of secondary physical artwork or secondary NFT sales.
“Paintings + NFT” Primary Sale and Physical Artwork Claim
The primary sale of a “Paintings + NFT” NFT includes worldwide standard ground shipping of its corresponding physical Artwork to any approved FedEx/ UPS ground or DHL standard shipping destination; by default the physical artwork benefit will be shipped, unframed, in a secure heavy duty 36" x 5" x 5" artwork shipping tube.
After purchasing the NFT on OpenSea.io, you must unlock the Primary Sale Shipping Form with the NFT via Darkblock to provide a shipping address.
The artist is not liable for loss of the physical artwork benefit due to incorrect shipping information supplied by the primary sale recipient, package theft, or loss or damage of the artwork from shipping providers; if the primary sale recipient would like to purchase shipping insurance or a premium shipping service beyond standard ground shipping, these requests must be communicated to the artist in the Primary Sale Shipping Form – in these circumstances an additional invoice, calculated in USDC, must be paid by the primary sale recipient to the artist before receiving special shipping services. These additional services requested through the Primary Sale Shipping Form must be made in USDC to the artist's associated Ethereum address: "originalwheeler.eth" or "0xe9f1cAB4559B44fA908Ad113841c540056b08082".
Secondary Sales
We, the artist/ the site, are not liable for the outcomes or the facilitation of secondary market sales or the transfer or loss of physical artwork in secondary market sales. After the Primary NFT Sale has been concluded, each dedicated "Painting + NFT" artwork page on this site enters "Artwork on Secondary Market" status and is intended to act a collectors tribute page for each artwork for entertainment purposes only. Although this site suggests the possibility that communication for secondary market sales conditions, including the transfer of Artwork benefits, can be conducted through XMTP-enabled messaging clients through links on this site or Painting + NFT Messaging Boards, all collectors and users of the site must acknowledge that all such communications and actions are taken at the user's risk and we are not responsible for these communications or outcomes of these actions.
Messaging and Communication
For entertainment purposes, The Site provides a messaging board for NFT owners ("message from NFT Owner"). The purpose of this Messaging Board is outlined in the privacy policy, and conditions for its use are as follows:
The Message Board allows the current owner of the NFT to post textual content that is not limited to but may be associated with the Artwork's provenance. Each owner has exclusive access to update their message on the Message Board, facilitated by Darkblock. Messages are public and may be viewed by all users of the Site and can be considered part of the Artwork’s history.
User Responsibilities
Users are responsible for:
Security
Reasonable measures are taken to protect your personal information, including SSL encryption. However, we acknowledge that no electronic transmission over the internet or information storage technology can be guaranteed to be completely secure.
Use of Collected Information
We collect information voluntarily provided by you during the primary sales of artworks and NFTs, which facilitates the sales and communication between you, the artist, and potential buyers. This information includes, but is not limited to, your name, email address, shipping address, billing information, and Ethereum blockchain address.
Third-Party Services
Our service contains links to third-party websites such as Converse.xyz ("Converse Messenger"), Darkblock.io, Etherscan.io, and OpenSea.io, and utilizes services like Bueno.art for capturing primary sale shipping information. We are not responsible for the content or the privacy practices of these third-party websites. By clicking on a link to any other website, or interacting with embedded website content, you will leave our service and go to another site, and another entity may collect information from you.
Responsibility for Content and Transactions
Content posted by users and transactions conducted through third-party services are the sole responsibility of the individuals involved. We do not monitor or moderate the content of messages posted by users, nor do we assume liability for any messages. We reserve the right to remove any content that we determine to be inappropriate or offensive.
Children's Privacy
Our Service is not intended for use by children under the age of thirteen without parental consent. We do not knowingly collect personal information from children under thirteen.
Communications
We may send you email communications for announcements or promotional offers related to our Service. You have the option to opt out of receiving marketing communications from us at any time.
Sharing of Information
We do not sell, rent, or lease our customer data to third parties. We may share your information with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries, under the condition that these third parties maintain the confidentiality of your information.
Changes to Terms and Privacy Policy
We reserve the right to modify these Terms and our Privacy Policy at any time. Continued use of our Site after any such changes constitutes your consent to such changes.
Your Rights
You have the right to request the deletion of your personal data from our records, with certain exceptions. We will accommodate these requests where feasible.
Contact Us
For any questions or concerns regarding these Terms or the Privacy Policy, please contact us at privacy@originalwheeler.com.
Disclaimer
The Site and its content are for informational and entertainment purposes only. Information should not be considered investment, financial, or other advice.
Acceptance of Privacy Policy
By using the Site, you also agree to the terms of the Privacy Policy, which are incorporated herein by reference.
Effective as of June 11, 2024.
