THESE GRANT PROGRAM TERMS AND CONDITIONS (these “Terms”) are made as of the Effective Date (as defined below) between the Palm Foundation (the ”Palm Foundation”, “we”, or ”us”) and you. These Terms govern your submission of an application for the Grant (as defined below) (your “Application“) and, if the Grant is awarded, your use of the Grant and your participation in the call (the “Event”).

These Terms are effective as of the date you submit your Application (the “Effective Date”).

PLEASE READ THESE TERMS CAREFULLY. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS AT THE TIME YOU SUBMIT YOUR ART AS DESCRIBED IN THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS DESCRIBED IN THESE TERMS, YOU WILL NOT QUALIFY TO RECEIVE A PALM DAO GRANT.

  1. Application. By submitting your Application, you represent and warrant that: (a) you are at least 18 years of age or the age of legal majority where you live; (b) you are eligible to receive and use the Grant (including, without limitation, that you are not (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country or (ii) on any of the U.S. government lists of restricted end users); and (c) all materials, information and content you furnish in connection with your Application are complete and accurate. Applications are reviewed and approved by the curator and/or curatorial committee appointed by Palm Foundation from time to. The grant recipient will be determined at the sole discretion of the Palm Foundation and Palm DAO. Our decision to accept or reject your Application is final and binding, and we will have no liability or responsibility for any consequences resulting from that decision.
  2. Art Submission. You agree to share only artwork that you've created and have the right to share. You agree to post authentic content, and not to post anything you've copied or collected from the Internet that you don't have the right to post, or anything that otherwise infringes on a third party’s intellectual property rights.
    1. You agree to post photos and videos that are appropriate for a diverse audience. Nudity is only permitted for artistic purposes and as long as it celebrates and respects the human body. Images of children are not allowed and will be automatically disqualified.
    2. You agree not to submit content that engages in, promotes, encourages, facilitates, or admits to the offering, solicitation or trade of fake and misleading user reviews or ratings. You are not required to use your real name on the PalmDAO app, but we do require all users to provide us with accurate and up to date information. You agree not to impersonate others and not to create accounts or wallets for the purpose of violating our guidelines or misleading others.
    3. Palm Foundation & Palm DAO are strictly against terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms, alcohol, and tobacco products between private individuals, and buying or selling non-medical or pharmaceutical drugs are also not allowed. We also remove content that attempts to trade, co-ordinate the trade of, donate, gift, or ask for non-medical drugs, as well as content that either admits to personal use (unless in the recovery context) or coordinates or promotes the use of non-medical drugs. Palm Foundation & Palm DAO also prohibits the sale of live animals between private individuals. No one may coordinate poaching or selling of endangered species or their parts. We have zero tolerance when it comes to sharing sexual content involving minors or posting or threatening to post intimate images of others.
    4. Respect other members of the community. We want to foster a positive, diverse community. We remove content that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, and repeated unwanted messages. We do generally allow stronger conversation around people who are featured in the news or have a large public audience due to their profession or chosen activities. It's never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. When hate speech is being shared to challenge it or to raise awareness, we may allow it. In those instances, we ask that you express your intent clearly.
    5. Maintain our supportive environment by not glorifying self-injury. The community cares for each other, and is often a place where people facing difficult issues such as eating disorders, cutting, or other kinds of self-injury come together to create awareness or find support. We try to do our part by providing education in the app and adding information in the Help Center so people can get the help they need.
    6. Palm Foundation reserves the right to remove videos that depict gratuitous violence. We understand that people often share such content to condemn, raise awareness or educate. If you do share content for these reasons, we encourage you to caption your photo with a warning about graphic violence.
  3. Approval of Application; Grant. If you are selected as a finalist by the curator, your art will be showcased during a Palm Foundation event April 12th in NFTNYC. The finalists will go to a DAO vote which will allocate a dollar amount as determined by the Palm DAO or Foundation to the winner and will determine who will have their art showcased on the window display (the “Grant”) and the terms and conditions of this Section 3 will apply.
    1. Creation of Artwork; Use of Grant.
      1. You will create and submit digital artwork based on the call for art announcement. The pieces will be reviewed by a curator and the curator will select finalists.
      2. Finalists will go into a DAO vote to select the winner. The winner will receive the dollar amount determined by the PalmDAO or PalmFdn grant plus the display, when applicable, of their art in the window display at the event.
      3. You will collaborate with us, and provide all reasonable assistance to us and our designee, in creating the Artwork to ensure it meets our specifications and the goals of the Event. You will provide printing and framing instructions or assembly instructions, when applicable, for the Artwork, and otherwise assist us and our designee in displaying the Artwork at the Event and or digital platform. You will complete all Artwork to our reasonable satisfaction at least two (2) days prior to the end date of the call for art or such other time as mutually agreed upon by the parties in writing (the “Completion Date”). If all Artwork is not completed to our reasonable satisfaction by the Completion Date, you will promptly repay the full Grant to the PalmDAO unless the parties agree otherwise in writing.
    2. Sale of Artwork.
      1. We may offer your Artwork for sale at the Event via PalmDAO or our designee platform at a price mutually determined by you and our designee. If a customer purchases an NFT, they will receive the Physical Artwork piece corresponding to the Digital Artwork. Similarly, if a customer purchases Physical Artwork, they may receive the corresponding Digital Artwork, when applicable.
      2. The price of the Artwork will be mutually agreed by you and the designee, when applicable, providing the digital platform. If you are represented by a gallery, the gallery can participate in the pricing decision making process. The designee platform will take up to 20% fee from the price of the Artwork. Additional percentage might be charged by the gallery that represents you if applicable.
  4. Intellectual Property.
    1. Applicants. Upon acceptance of your Application, you grant us and our designees a limited, revocable, non-exclusive, royalty-free, worldwide right and license during the Term to display, publish, publicize and distribute your Artwork and any NFTs associated therewith and to incorporate your name, voice, image, personality or other likeness in connection with promoting the Palm Foundation or the Event and to otherwise comply with these Terms.
    2. Grant Recipient. Upon your election as a Grant recipient, you assign to us and our designees, all right, title and interest in and to all intellectual property and publicity rights in the Artwork. You represent and warrant that the exercise of our and our designees' rights under these Terms will not infringe, misappropriate, or violate the rights of any third party (including intellectual property and publicity rights), and you will indemnify us and our designees, and hold us and our designees harmless, from and against any and all claims, losses, liabilities and expenses arising out of such actual or alleged infringement, misappropriation, or violation.
  5. Limitation of Liability. Except for the Grant, each party will bear all of its own costs and expenses that it incurs in performing its obligations pursuant to these Terms. Except for your indemnification obligations, in no event will either party or its representatives be liable for (a) consequential, indirect, incidental, special, exemplary or punitive damages, or loss of profits or business or (b) any amounts in excess of the Grant awarded to you, whether such liability arises out of breach of contract, tort (including negligence), or otherwise.
  6. Term and Termination. These Terms begin on the Effective Date and expire on the earlier of (a) our rejection of your Application and (b) the conclusion of the Event, unless earlier terminated. Either party may terminate these Terms on the other party's material breach that is not cured within 10 days after receipt of written notice. On expiration or termination of these Terms, this sentence and Sections 1, 2(a)(iii), 2(a)(iv), 3, 4 and 6 will survive in perpetuity.
  7. Miscellaneous. The parties may work together on such other tasks or initiatives as may be agreed by them from time to time in writing in order to promote you, the Event and/or the PalmDAO and each party will comply with such mutual agreement. Each party represents and warrants that it (a) will perform its obligations in a timely and professional manner and (b) will not take any action that tends to disparage, dilute the value of, or reflect negatively on the other party. The parties are independent contractors and, while the PalmDAO is entitled to exercise a general power of supervision and control the result of the work hereunder, including, without limitation, the right to inspect, stop work and/or request modifications, the PalmDAO does not control the manner or means by which you perform your obligations hereunder and you will not have the authority to enter into any contract on behalf of the PalmDAO or otherwise bind the Palm DAO. These Terms will be governed by the laws of the State of New York without regard to its conflict of laws provisions. Each party irrevocably submits to the exclusive personal jurisdiction and venue of any New York state or United States federal court sitting in Manhattan, New York in any dispute arising out of or in connection with these Terms and further irrevocably waives any claim of inconvenient forum or other challenge to venue in any such court.

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Ranking Submissions