Terms of Service
NEVER FEAR TRUTH
Terms and Conditions for the sale of Physical Artworks
These terms and conditions (“Terms”) govern all sales of physical artworks and merchandise (but excluding any digital sales, NFTs or downloads) “(“Products”) from the Never Fear Truth site at www.neverfeartruth.com (“Site”) and any purchase of Products through the Platform (defined below).
All Product sales from the Site and any other related app, platform, website or web pages or other electronic service (the “Platform”) are fulfilled by Pantheon Limited (a company registered in England and Wales under company number 12178855) (“we” or “us” or “our”) as part of a project with Never Fear Truth LLC (a California limited liability company) (the “Artist”), an affiliate of Johnny Depp.
These Terms set out the terms under which all participators and users of the Platform (“you” and “your”) purchase Products.
Please read these terms carefully as they affect your legal rights and obligations.
Please note that we may amend these Terms from time to time. Notification of any changes will be made by posting new terms onto the Site. In making any Product purchase from the Platform you confirm that you accept the then current Terms in full at the time of purchase.
If you do not agree to these Terms in full, please do continue with he purchase of any Products. By continuing with your purchase you will be confirming your acceptance of these Terms.
Please also see our Privacy and Data Protection Policy for information about how we collect and use data.
- In order to make any Product purchase you will be required to register with the Platform. In order to register with us you will need to provide an email address and password. We recommend that you choose a strong password. If you become aware of any unauthorized use of your password or of your account, you agree to immediately notify us at firstname.lastname@example.org.
- We may allow access to some information and services without registration but we reserve the right to withdraw access without registration at any time.
- Only private individuals 18 years of age or older on the date on which they register are entitled to register with the Platform. We are not obliged to permit anyone to register with the Platform and we reserve the right to refuse registration to, or revoke the registration of, anyone for any reason and without the need to provide any justification for our decision.
- If you wish to cancel your registration, please notify us at email@example.com and we will delete your registration. Please note that any such cancellation will not terminate any contractual agreements between you and us existing at the time.
- If we have reason to believe that there has been or is likely to be a breach of security or misuse of the Platform through your account or the use of your password, we may notify you by email and require you to change your passwords on our system and with your other suppliers, or we may suspend your account until you have done so. Until you have changed your password or we have reactivated your account you may not be able to access the Platform.
You are not entitled to allow any other person to use or borrow your log in details or password, each additional user must use and register for the Platform separately.
- Product Purchases
- When you place an order for the purchase of a Product we will contact you to confirm we've received your order and then we contact you again to confirm we've accepted it and it is ready to be dispatched.
- Sometimes we reject orders, for example, because a Product is unexpectedly out of stock, because we can't verify your identity or age or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
- If the rate of VAT changes between your order date and the date we supply the Product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
- If our supply of your Product is delayed by an event outside our control we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact us on firstname.lastname@example.org to end the contract and receive a refund for any Products you have paid for in advance, but not received, less reasonable costs we have already incurred.
- With some of our Products purchased online you have a legal right to change your mind about your purchase within 14 days of the day we deliver and receive a refund of what you paid for it, including the delivery costs. This is subject to the following conditions:
- If the Product has already been delivered, you must pay the costs of return using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the Product at all or within a reasonable time we won't refund you the price;
- You may not return digital Products, after you have started to download or stream these;
- You may not return Products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- You may not return sealed audio or sealed video recordings or sealed computer software, once these Products are unsealed after you receive them;
- You may not return goods that are made to your specifications or are clearly personalised. This includes physical artworks derived from NFTs that you have purchased through the Platform;
- Products which become mixed inseparably with other items after their delivery;
- If you handle the Product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the Product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the Product, no refund may be due; and
- If you wish to return a Product you must contact us within 14 days at email@example.com.
- If you think there is something wrong with your Product, you must contact us at firstname.lastname@example.org. We honour our legal duty to provide you with Products that are as described to you on the Platform and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
Summary of your key legal rights
If your Product is goods, for example a physical artwork, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:
If your product is digital content, for example a download, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
If your product is services, the Consumer Rights Act 2015 says:
- Use and Abuse of the Platform
- You are not entitled to resell or commercially exploit the contents of the Platform. You are not entitled to use any data mining, robots, or similar data gathering and extraction tools to collect user names, e-mail addresses or any other data for any purpose.
- You agree that if you share any content from the Platform externally (including on any social media platforms), that you will not spam our content, or post our content on an inappropriate forum. You will not publish any illegal, offensive, hateful, inaccurate, misleading, defamatory or fraudulent about the Platform, Blockture Ltd, Pantheon Ltd or the Artist or any other featured artist, including when sharing content from the Platform.
- You agree that you will not:
- solicit log-in information or access an account belonging to someone else;
- bully, intimidate, or harass any user of the Platform;
- do anything illegal, unlawful, misleading, malicious, or discriminatory using the Platform;
- do anything to suggest, express or imply that statements made by you are endorsed by us or the Artist or any other featured artist or any of the their affiliates;
- impersonate any other person whether or not that other person is a user of the Platform.
- In the event that you are informed that you will no longer be entitled to access the Platform you will not be entitled to register again and you will no longer have permission to use the Platform.
- If you come across any offensive, inaccurate or damaging material on the Platform or if you are subject to any form of abuse or harassment we ask that you contact us immediately.
- We will operate the Platform with the reasonable skill and care of an online goods and service provider. However, please note that any of the content on the Platform may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Furthermore, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the operation of the Platform at any time. Accordingly, the Platform is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind. We do not accept any liability arising from any interruption in availability.
- From time to time it may be necessary to suspend access to the Platform for a period of time and any such interruptions shall not constitute a breach by us of these Terms.
- The information on the Platform does not necessarily reflect our views and opinions. Neither should any suggestions or advice contained on the Platform be relied upon in place of individual advice. You are responsible for checking the accuracy of relevant facts, instructions, suggestions and/or opinions given on the Platform before entering into any commitment based upon them. We do not accept any liability arising from any inaccuracy or omission in the information.
- Neither we nor the Artist, nor any featured artist, nor any of their affiliates will be liable for any a) business loss; b) financial loss; c) economic loss; d) consequential loss; e) loss of data; f) lost profit; f) loss of bargain or opportunity or f) indirect loss arising as a result of your use of the Platform or any Product even if such loss is incurred or suffered as a result of our negligence or otherwise. Furthermore, neither we nor the Artist, nor any featured artist nor any of their affiliates (including, but not limited to, the Artist’s owners, directors, officers, manager(s) or employees) will be liable for any loss, which arises from: (i) any failure or error in any technology, computers, devices, servers, or internet services; (ii) user-error (for example losing applicable passwords and passphrases); or (iii) any error or failure by any third party or which is outside of our control.
- Our total liability and the total liability of the Artist, any featured artist and Artist’s affiliates (including, but not limited to, the Artist’s owners, directors, officers, manager(s) or employees) to any userin relation to the purchase of any Product is limited to the purchase price of that Product.
- Nothing in these Terms will limit our liability for:
- fraud or fraudulent misrepresentation;
- death or personal injury caused as a result of our or his negligence; or
- any other liability that cannot be excluded or limited by English law.
- Product Intellectual Property
- You are not acquiring any intellectual property rights when you purchase a Product. Therefore, you may not use, copy, modify or transfer the Site, any apps or services used by the Platform, any Products or any of the Platform’s content except as expressly set out in these Terms. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Products, Platform or Site, except as expressly permitted by law.
- The Products and the Site together with the format and content of the services provided via the Platform is protected by copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Platform.
- The Products, Platform and the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents of the Platform without our express written consent.
- Notice and Take-Down
- We will make all reasonable efforts to identify and remove content that is defamatory or infringing on intellectual property rights when we are notified but we are not responsible if you have failed to provide the relevant information.
- In the event that you believe that any content which is distributed using the Platform is defamatory or infringes on any intellectual property rights of any third party you should notify us in writing either by email to email@example.com including the following:
- Your full name and contact details, including postal address, telephone number and e-mail address;
- The location where the defamatory or infringing content appears;
- The content that you believe is defamatory or infringing on intellectual property rights;
- The reasons that you believe the content is defamatory or infringing on intellectual property rights;
- A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and
- A signed declaration truth in respect of the information in the notice.
- Any statement made under this clause may be used in court proceedings.
- ASSUMPTION OF RISK
- Tax Calculations. You are solely responsible for determining what, if any, taxes apply to your Product purchases. We are not responsible for determining the taxes that apply to your transactions in connection with the Platform.
- You agree to hold harmless and indemnify us and Artist, and our and their respective parent(s), subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment, litigation cost and attorneys' fees arising out of or in any way related to: (i) your breach of these Terms; (ii) your misuse of the Producrs; or (iii) your violation of applicable laws, rules or regulations in connection with your access to or use of the Products. You agree that we or Artist (as appropriate) will have control of the defense or settlement of any such claims.
- Any dispute or difference between the parties relating to the rights or obligations of the parties under these Terms which cannot be settled between themselves shall be referred to and determined by arbitration in London under the International Arbitration Rules.
- The arbitration shall be conducted by a single arbitrator appointed by agreement between the parties or, failing agreement between the parties within 30 days after a request for a reference is made by any party, appointed on the application of any party by the Centre for Effective Dispute Resolution or the London Court of International Arbitration.
- The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit group litigation arbitration or any claims brought as a claimant or group litigation member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the arbitral tribunal's power to rule on the validity or enforceability of the agreement to arbitrate, the arbitral tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. In addition and in the event the prohibition on group litigation arbitration is deemed invalid or unenforceable, then the remaining portions of this clause 14 will remain in force.
- Any matter which cannot be resolved by arbitration in accordance with this clause for any reason shall be subject to the exclusive jurisdiction of the English courts.
- This clause shall not preclude the making of an application to the English courts for injunctive relief.
- These Terms are binding on all of your successors and assigns, including any Buyer.
- These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts.
- The Artist and anyone that has an interest in the Products may enforce any provision of these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
- If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
- We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
- We may make changes to the format of the Site or the Platform without notice.
- Should any part of these Terms be held invalid, illegal, void or unenforceable, that portion will deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
- These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you, us and Artist.
- The language in these Terms will be interpreted as to its fair meaning, and not strictly for or against any party.
- Our failure or delay to exercise or enforce any right or provision of these Terms will not constitute or be deemed a waiver of future exercise or enforcement of such right or provision. The waiver of any right or provision of these Terms will be effective only if in writing and signed for and on behalf of us by a duly authorized representative.
- We may provide you with any notices (including, without limitation those regarding changes to these Terms) by email or postings on the Site. By providing us with your email address, you consent to our using the email address to send you any notices. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
- You may not assign any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. We and Artist may assign our rights and obligations under these Terms in our or Artist’s (as appropriate) sole discretion to an affiliate, or in connection with an acquisition, sale or merger.
- Contact Us
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.