Who we are

We are Media Bricks Ltd, t/a ArtNFB.com

Our website address is: https://www.ArtNFB.com.

Terms and Conditions

These are the terms and conditions (Terms) on which we supply our digital content and products to you that you access  from anywhere in the world. These Terms are legally binding. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you have any questions or require clarification on these Terms, please contact us.

If you do not agree to these Terms, you must not order any products from this Website.

DEFINED WORDS: In these Terms a bold, capitalised word has a particular meaning. These relevant words can be found in brackets after their meaning. Any reference in these Terms and Conditions to “we”, “us” or “our” is a reference to Media Bricks Limited. Any reference to “you” or “your” is a reference to any consumer and these references may be used interchangeably.

1 INFORMATION AOUT US AND HOW TO CONTACT US

1.1 Who are we?

Media Bricks Limited is a company registered in England and Wales under registration number 14407927. Our registered office is Ranby Hill, Ranby, Lincoln, LN8 5LN, UK.

1.2  How can you contact us?

You can contact us by email mail@mediabricks.co.uk

 1.3 How we may contact you

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or subscription.

1.4 “Writing” includes emails

When we use the words writing or written in these terms, this includes emails.

1.5 Your status

You must be at least 18 years old to place an order on our Website.

2 ORDERING NFBs FROM ArtNFB.com

2.1 How to place an order

In order to place an order with us, we require you to create an online account with us. When you create an ArtNFB Account, you will need to supply us with your real name and a valid email address. You place an order on the website by pressing the checkout button during the checkout process. By confirming your order, you are agreeing to purchase the product you have selected which shall be subject to these Terms.

When you confirm your order, we will take payment for your order by means of your nominated payment method.

We will then send to you an order confirmation email detailing your order and any other information we must provide to you.

2.2 How we will accept your order

Our acceptance of your order will take place when we email you to accept it, at which point a legally binding contract (Contract) will come into existence between you and us.

2.3 If we cannot accept your order

There may be circumstances in which we are unable to accept your order, because of something we discover after we send you an order confirmation email. If this is the case, we will inform you of this via email and will refund you for the product. We may be unable to accept your order because:

(a)  we have identified an error in the price or description of the product;

(b) it appears that the order mistakenly duplicates another order;

(e) there are unexpected limits on our resources which we could not reasonably plan for

(f) a credit reference we have obtained for you does not meet our minimum requirements or we cannot obtain authorisation for your payment;

(g) we suspect that the order has been placed fraudulently;

(i) a promotional offer or discount code has been used outside of a valid promotion period or has expired; or

(j) your order otherwise breaches any of the requirements of these Terms.

2.4 Your order number

We will assign an order number to your order and tell you what it is when we send you an order confirmation email. It will help us if you can tell us the order number whenever you contact us about your order.

3 OUR PRODUCTS

The digital products are guaranteed to be online until 1st January 2029. Under no circumstances can we be held responsible for any website downtime.

 3.1  Annual insurance and storage fees of ArtNFBs

Every ArtNFB on ALL ArtNFB Walls will incur an annual minimum physical product storage and insurance charge, (commencing 1st January 2024 of £3+VAT), increasing as necessary dependent on the value of the whole artwork the subject of the ArtNFB wall. If an invoice remains unpaid by the due date, 14th January of the year invoiced, the relevant ArtNFB will be liquidated and the proceeds used to pay the invoice plus any administration, interest, and commission charges accrued. The remaining balance will be paid to the debtor.

3.2 Sellers of Artwork

If you are uploading a photograph, video or audio file you must ensure that you have obtained all relevant permissions to use the photograph, video or audio file from any persons in the photograph, video or audio file and the photograph, video or audio file is otherwise appropriate to upload.

If you are uploading a photograph, images must be in JPEG or PNG format. Any other format such as Word documents and PDFs cannot be accepted. If you try to upload a photo that has a low resolution, we cannot accept responsibility if your digital artwork does not meet your expectations.

By uploading or including any content or material (including but not limited to photographs, graphics, text and other material) (Customer IP) in artwork, you grant us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that content or material solely for the purpose of performing our obligations under these Terms and exercising any rights you may grant to us. Please note that we may modify content or material in order to conform it to ArtNFB or the requirements of the product you have uploaded (such as by cropping images).

The rights and ownership to the Customer IP will remain yours, or the person who gave you permission to use the Customer IP.

If you use third party copyright in any artwork, it is your responsibility to ensure that you seek permission from the copyright owner. We will not accept any liability whatsoever if any Customer IP infringes on third party copyright. You agree to indemnify, defend and hold us harmless against any third party claim of infringement for  use of such third party’s intellectual property on the Personalised Product.  You will be held responsible for any fees and third party damages we may have to pay to a third party because of such infringement and you will be liable to reimburse these payments to us in full.

If we are uploading your image/video to a digital ArtNFB wall we will endeavour to do so within 28 days.

3.3 Content Rules 

You should not use or include any content or material on any artwork which:

1. infringes anyone’s IP (see below the definition in section ‎11). In particular, you must ensure that you either own the IP in the Customer IP that you wish to include in artwork or that you have permission from the IP owner to include that Customer IP in the artwork;
2. contravenes any applicable law (including, without limitation, any criminal law) or regulation;
3. is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
4. misrepresents identity or impersonates any person;
5. includes personal data about another person, such as their address, phone number, or email address, except with the written approval of that person;
6. is pornographic, obscene, indecent or offensive, has sexual connotations, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
7. may harass, upset, embarrass or alarm any person;
8. gives the impression that it originates from or has been approved by us, our partners and licensors, whether by reference to our/their name or otherwise;
9. may violate the integrity and reputation of our name, and the names of our partners and licensors;
10. advocates, promotes or assists any unlawful act;
11. includes or makes reference to illegal drugs; or
12. makes reference to politicians’ names and/or political statements.

3.4 Confirmation of ownership of submitted artwork for sale 

On submission of artwork for sale you must confirm that you are the legal owner of the artwork offered for sale by fractional ownership.

You musy agree to insure the artwork for the total value of the sum of the NFBs within the wall. Any insurance payout received must be primarily for the benefit of the owners of the NFBs purchased through ArtNFB.

On the sale of 50% of the NFBs within the wall, the owner of the submitted artwork agrees to pass control of the artwork to Media Bricks Ltd by delivering the artwork at the sellers cost to ARTNFB UK HQ. Once received at ARTNFB UK HQ the insurance and storage will be the responsibilty of Media Bricks Ltd.

The original artwork seller will receive payment(less commissions due to Media Bricks Ltd) on the 21st of the month for all NFBs sold in the precedding month.

The seller agrees to pay Media Bricks Ltd a commission of 12.5% + VAT of the selling price for each transaction.

4 PRICE AND PAYMENT of individual ArtNFBs

4.1 Where to find the price for the product

The price of the product (which excludes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see section ‎4.4 for what happens if we discover an error in the price of the product you order.

4.2 Payment 

You can pay for your products using credit card, debit card, PayPal, or any other payment method which we make available to you at the time of your order.

Should you require a full VAT invoice you can request this via our mail@mediabricks.co.uk. Please allow up to 28 working days for the full VAT invoice to be sent.

4.3 Offers, discounts, vouchers and competitions

If you have been sent a discount code or voucher by us, you MUST apply it at the checkout to benefit from a discount or price reduction.

Please note that promotional offers, discount codes and vouchers can only be applied to our specified products.

Promotional offers and discount codes must be used within the valid offer time.

Media Bricks Ltd reserves the right to cancel, change or extend offers at any given time, without notice. Promotions cannot be backdated or applied retrospectively to orders already placed.

There are no cash alternatives for offers or discount codes.

4.4 What happens if we got the price wrong?

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

4.5 What to do if you think your order confirmation receipt or invoice is wrong

If you think your order confirmation receipt or invoice is wrong, please contact the Customer Service Team promptly to let us know.

 5 Reasons we may suspend the supply of products to you

We may have to suspend the supply of a product to deal with technical problems or make minor technical changes; update the product to reflect changes in relevant laws and regulatory requirements; or make changes to the product as requested by you or notified by us to you.

6 YOUR RIGHT TO MAKE CHANGES

We may allow you to make changes to your order on your ArtNFB Account. If you cannot make changes on your ArtNFB Account, then you will need to contact our Customer Service Team by Email. Please have your order number, NFB number, or the email address you registered with us available so we can answer your query as quickly as possible.

We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

7 OUR RIGHT TO MAKE CHANGES

7.1 Minor changes

We may have to make minor changes to a product to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example to address a security threat. Minor changes will not affect your use of the product.

7.2 Significant changes

There may be circumstances where we have to make significant changes to our products. If we do need to make such changes, we will notify you of this. You may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

8 YOUR LEGAL RIGHTS TO END THE CONTRACT

8.1 Your rights

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract, including:

if you have just changed your mind about the product, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay our administrative costs;

8.2 Ending the contract because of something we have done or are going to do

If you are ending a contract for a reason set out below, the contract will end immediately, and we will refund you in full for any products which have not been provided. You will NOT be entitled to compensation. The reasons are:

(a) We have told you about an upcoming change to the product or these Terms which you do not agree to;

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 48 hours; or

(d) you have a legal right to end the contract because of something we have done wrong.

8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013)

For most products bought online you have a legal right to change your mind within 14 days and receive a refund.

How long you have depends on what you have ordered and how it is delivered:

Have you bought digital content? if so, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, if the digital content has been uploaded to the ArtNFB wall. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

8.4 When you don’t have the right to change your mind

You do not have a right to change your mind in respect of

(a) Artworks;

(b) digital products(NFBs) once any content has been uploaded by you;

8.5 Ending the contract where we are not at fault and there is no right to change your mind

Even if we are not at fault and you do not have a right to change your mind (see clause 8.1) you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods, NFBs, or digital content is completed when the product is ordered, delivered, downloaded or streamed and paid for.  If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.

8.6 Summary of your legal rights We are under a legal duty to supply products that are in conformity with these Terms. 

The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a) If your digital content is faulty, you’re entitled to a repair or a replacement.

b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

9 ENDING YOUR CONTRACT WITH US

9.1 Reporting a problem

If you have questions or are unhappy with your order, please contact our Customer Service Team via Email. You will need to quote your order number, the email address you have registered and the details of the problem with the order.

We aim to acknowledge any complaint within 14 days and will do our best to resolve it within 28 days.

9.2 Procedure for refunds 

We will refund you the price you paid for the products less any affiliate cost. Your refund will be made within 14 days of your telling us you have changed your mind.

9.3 Resale of ArtNFBs

An ArtNFB owner may resell the product at anytime providing that the new owner sets up a ArtNFB account, the resale price is agreed, the date of transfer is agreed, the commissions paid, and funds approved and cleared by Media Bricks Ltd.

Commission payable by the purchaser to Media Bricks Ltd will be 12.5%+VAT of the agreed resale price. Media Bricks Ltd will act as intermediary, handling the sale monies in escrow, and the NFB account and ownership transfer.

10 OUR RIGHTS TO END THE CONTRACT

10.1 You must compensate us if you break the contract

If we end the contract in the situations set out in Section ‎10.1 we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

11 Media Bricks Ltd’s INTELLECTUAL PROPERTY

For the purposes of these Terms, the following words will have the meanings as set out below:

1. IP means intellectual property rights of any nature, including (for example) patents, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets), and any other intellectual property rights, whether registered or unregistered, and including all applications for such rights, and rights to apply for and be granted such rights, and renewals or extensions of such rights, and rights to claim priority from such rights, and all similar or equivalent rights or forms of protection which subsist, or will subsist, now or in the future, in any part of the world.
2. Content means all text, software, applications, graphics, audio, visual and/or audio-visual material (including but not limited to, music, sound, still visual images, photographs and video), data, database content, page layouts, design and other multi-media content, information and material, including the metadata relating to such content.

Unless otherwise stated, all Content on and IP in relation to our Website is wholly owned by Media Bricks Ltd.

“Non Fungible Bricks” and “NFB” are our UK registered trademarks, and you agree not to display or use it in any manner without our prior written consent.

You may use and access our Website to the extent and purpose required for ordering any products and/or services made available by ArtNFB in accordance with these Terms.

You are not allowed to:

1. remove any notices relating to IP contained in any Content, material and/or products taken from our Website;
2. whether for a commercial purpose or otherwise, copy, distribute, show in public and/or create any derivative work from, any material, Content or IP owned by Media Bricks Ltd without the prior express written permission and licensing by us to do so;
3. use ArtNFB, including but not limited to, its Website, Content, IP, products and/or services for any commercial purpose other than in accordance with these Terms; and
4. use any robot, spider, scraper or other automated means to access the Website for any purpose without our prior express written permission.

Any rights not granted in these Terms are reserved for our own benefit.

12  OUR WEBSITE

We will always try to ensure that our Website is available 24 hours a day. However, we will not be liable if for any reason the Website is unavailable at any time, or for any period.

Any links to other websites or resources uploaded by our customers are for your convenience. We do not endorse the contents of these websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked third party websites, you do so at your own risk.

We reserve the right to decline publication of content or to remove content at our discretion and without recompense.

13 HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy and Cookie Policy, which are subject to change from time to time:

14  WE ARE RESPONSIBLE FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1  We are responsible to you for foreseeable loss and damage caused by us. 

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; and for faulty products under the Consumer Protection Act 1987.

14.3 We are not responsible for damage or loss arising from your actions

We are not responsible for any damage or loss incurred by you when such loss or damage is caused by negligence, wilful misconduct or concealment of information by you (deliberate or otherwise).

14.5 We are not responsible for losses to your business

We are not responsible for any losses to commercial or business and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14.6 There is never a guarantee of results and values of NFBs. The examples provided are educational in nature and is not legal or financial advice. By using this website or any related materials you agree to take full responsibility for your own decisions. You should always do your own due diligence before making a purchase or sale.

15 GENERAL

15.1 Your ArtNFB Account

Please note that we do not perform verification checks when you create a ArtNFB Account, and it is therefore important that you provide your real name and a valid email address when signing up. This is to ensure compliance with these Terms and so that our Customer Service Team can perform identity verification if you ever contact us about your order. A valid email address is also required to receive any other communications mentioned in these Terms. We will not be responsible for being unable to verify your identity or not being able to assist with your queries if you have used a fake name or email address.

15.2 Suspension

If you are found to be in breach of these Terms, we reserve the right to suspend your ArtNFB Account, you order and all access to ArtNFB‘s Website.

In addition, we are entitled to suspend provision of all or part of our services at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

15.3 Change of Terms

These Terms may change from time to time and when they do, we will post the new version of the Terms on the Website and flag it appropriately.

15.4 We may transfer this agreement to someone else

We may transfer our rights and obligations under these Terms to another organisation.

15.5 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee)

You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing. However, you may transfer our guarantee to the recipient who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the recipient to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant product.

15.6 Nobody else has any rights under this contract (except someone you pass your guarantee on to)

This contract is between you and us. No other person shall have any rights to enforce any of its Terms, except in respect of the guarantee as explained in clause 18.5.

15.7 If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.8  Even if we delay in enforcing this contract, we can still enforce it later 

Just because we do not insist immediately that you do anything you are required to do under these Terms, it does not mean you do not have to do those things and it will not prevent us taking steps against you at a later date.

15.9  Which laws apply

These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.