A. General Rules
1. The company PixelatHome Sàrl, 54, rue Agasse, 1203 Geneva (hereinafter the “Company”) hosts and operates under www.bepartofit.art (hereinafter the “Website”) an online website and offers visitors of the Website the opportunity to participate in a collective digital artwork, the rebirth of the Venus de Milo (hereinafter the “Digital Artwork”), by selecting one or more pixels at the price of € 2.00 per pixel under the “Participate” link. Chapters B, C and D below list the provisions applicable to this service.
2. Participants in the Digital Artwork also select the charity they wish to support or the artist support programme proposed by the Company (hereinafter together “the Support Programme”). The Company undertakes to donate 20% of the sums received by the Participant to the charity chosen by the latter (minus payment processing fees). For Participants who have chosen to support artists, the Company creates a support fund which will be paid to the artists who have been selected by a jury chosen by the Company.
3. The Company provides all services in connection with the use of the Website, the modalities of participation in the Digital Artwork, its exhibition and the sale of the completed Digital Artwork at auction (hereinafter referred to as “the NFT project”). Participation in the Digital Artwork is governed exclusively by these General Terms and Conditions (hereinafter referred to as “GTC”). The GTC apply to all participants in the Digital Artwork (hereinafter referred to as the “Participant”).
4. By participating in the Digital Artwork by selecting one or more pixels, the Participant accepts the validity and application of the GTC to the exclusion of any other provision.
5. The Company may at any time limit or regulate access to the Website.
B. Terms and conditions of participation
1. General information on the participation
By selecting the “Participate” service, the Participant can select electronically and after registering a unique visitor account, one or more pixels in the colour of his/her choice (from a palette of various colours). The Participant then places his or her pixel(s) on the Digital Artwork according to his or her inspiration and also chooses his or her Support Programme. The selected pixels are placed on the Digital Artwork and cannot be modified once validated by the Participant. No Participant may modify the pixels validated by another Participant.
The work is completed progressively by the Participants who select and validate the location of their pixels on the Digital Artwork.
2. Participation
By clicking on the “Participate” link, the Participant can select one or more pixels and place them on the work as desired at a cost of € 2.00/pixel. By clicking on the “Basket” button, the Participant can check the contents of the basket and modify it. In order to continue participating, the Participant also chooses his/her Support Programme and must enter the required data such as his/her identity, e-mail address, payment method and billing. Before finishing, the Participant has the opportunity to check his/her data for input errors and to correct them if necessary. By clicking on the “Confirm now” button, the Participant legally ends the participation process and sends the Company his/her irrevocable decision to participate in the Digital Artwork by paying for his/her participation according to the number of pixels chosen.
The Participants who have selected at least 10 pixels in a single transaction with the Company will automatically participate in the NFT Project.
The Participant shall then receive confirmation of his/her participation in the Digital Artwork from the Company by e-mail.
3. Price and payment
The fee for the Digital Artwork is € 2.00 (two euros) per selected pixel and includes VAT if applicable. Payment can only be made by credit card. The Company reserves the right to offer new payment methods.
4. Support programmes
The Company has selected Support Programmes (help for children, protection of the planet, support for artists) and undertakes, according to the wishes of each Participant, to donate 20% (minus payment processing fees) of the sum received by the Participant to the support programme selected by the Participant.
C. The Digital Artwork
1. Its creation
The Digital Artwork will be completed by the Participants as they go along. There is no time limit for the completion of the Digital Artwork. The Company does not disclose the identity of the Participants unless forced to do so by a court order.
During the entire creation phase of the Digital Artwork, it remains freely accessible on the Website. During the creation of the Digital Artwork, the Company may exhibit it at fairs, exhibitions or any other event directly or indirectly related to art. The Company may promote the Digital Artwork and its progress by all means of communication (social networks, media, etc.). If the work is sufficiently advanced, the Company may set up an augmented reality service based on a dedicated application to be downloaded allowing the Participant to photograph the Digital Artwork in the environment of his/her choice.
2. Its completion
The Digital Artwork is finalised by the selection of all the pixels by the Participants. It remains a single copy and the exclusive property of the Company, which holds all rights to the Digital Artwork.
The Company is planning to set up an augmented reality service enabling Participants to photograph the Digital Artwork in the environment of their choice. This service will only be available for a period of time after completion of the Digital Artwork.
3. The NFT Project
A non-fungible token (NFT) is a unit of data stored on a digital ledger, called a blockchain, that certifies a digital asset to be unique and therefore not interchangeable. NFTs can be used to represent items such as photos, videos, audio, and other types of digital files. Access to any copy of the original file, however, is not restricted to the buyer of the NFT. While copies of these digital items are available for anyone to obtain, NFTs are tracked on blockchains to provide the owner with a proof of ownership that is separate from copyright.
Once the Digital Artwork is completed and if at least when 500’000 pixels have been selected, the Company will auction it via blockchain technology (NFT) with an independent auction house. The Support Programme and Participants that have selected at least 10 pixels in a single transaction will receive a portion of the proceeds generated by the auction of the NFT as follows:
– 20% of the sale price of the Digital Artwork, net of the NFT production costs and the sales commission, will be redistributed to the Support Programme.
– 20% of the sale price, net of the NFT production costs and the sales commission, will be redistributed to the Participants who have selected at least 10 pixels in a single transaction. Payment will be made by the Company by crediting the Participant’s account using the credit card used by the Participant. The Participant accepts that if the amount to be redistributed to him/her is less than € 2.00/pixel, the entire sale price will be waived in favour of the Programme Support. The same shall apply if the transfer order in favour of the Participant fails for any reason whatsoever (card no longer valid, incorrect card number, etc.).
4. Copyright, intellectual property and property
The participant expressly acknowledges that he cannot be considered as author of the Digital Artwork by agreeing to participate in the service offered by the Company and that he waives all rights thereto.
If necessary the Participant assigns to the Company the exclusive rights of use and the rights to remuneration on the Digital Artwork, including the following rights:
(a) record the Digital Artwork on data carriers, reproduce such carriers and distribute them, also for the purpose of performance, broadcast, retransmission or making available;
(b) to perform the Digital Artwork in any manner or form, or to perform it or have it seen in a place other than the place where it is presented;
c) make the Digital Artwork available in such a way that anyone may access it from a place and at a time individually chosen by him/her;
d) make the Digital Artwork available for viewing;
e) all rights that result from future technical developments.
f) sale/lease of the Digital Artwork.
The Participant agrees that any and all ideas, concepts, processes, improvements and inventions conceived, discovered, made, designed, researched or developed by the Company which relate to the proposed service of the Company are the intellectual property of the Company. If necessary the Participant irrevocably assigns and grants to the Company all his rights, title and interest in and to such intellectual property (including any moral rights thereto).
The Participant expressly acknowledges the Company as the sole owner of the completed or unfinished Digital Artwork.
D. Other provisions
1. Data protection
Personal data is collected, processed and stored by the Company only in accordance with the legal provisions of the Federal Data Protection Act. You will find more information about data protection in the Company’s Privacy Statement.
2. Applicable law and place of jurisdiction
The validity of these General Terms and Conditions and the legal relationship between the Company and the Participant shall be governed exclusively by Swiss law.
The exclusive place of jurisdiction for all proceedings is the canton of Geneva.
April 2021
