These terms of use (“Agreement” or “Terms”) are a legally binding agreement between you (defined below) and Rarity Sniper
(“Rarity Sniper”, “Us,” “We,” “Our”).
These Terms govern your access to, and use of the Rarity Sniper website(s), and the services
provided by us through it (such website and services, collectively, the “Services”). As used in these terms, “you” means you, the individual user, and also the legal entity or entities on behalf of
which you use the Services.
⚠ YOU SHOULD NOT USE THE SERVICES UNLESS YOU FULLY UNDERSTAND THE VARIOUS RISKS ASSOCIATED WITH
NFT TRADING AND BLOCKCHAIN. PLEASE READ CAREFULLY, SINCE THIS AGREEMENT INCLUDES LIMITATIONS OF
LIABILITY, AS WELL AS DISCLAIMERS OF WARRANTIES, AND OTHER TERMS WHICH AFFECT YOUR LEGAL RIGHTS.
IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU LACK CAPACITY OR AUTHORITY TO AGREE TO THESE
TERMS, DO NOT USE ANY OF THE SERVICES. IF YOU DO ACCESS OR USE THE SERVICES, THEN YOU WILL BE
CONSIDERED TO HAVE AGREED TO THESE TERMS.
- 1. Who can use our Services
Rarity Sniper may not make the Services available in all markets and jurisdictions, and may
restrict or prohibit use of the Services from certain jurisdictions. If you are using the
Services on behalf of a legal entity, you represent and warrant that (a) such legal entity is
duly organized and validly existing under the applicable laws of the jurisdiction of its
organization; and (b) you are duly authorized by such legal entity to act on its behalf. You
further represent and warrant that you:
- are at least 18 years old or the age of legal majority in your jurisdiction (if different
than 18), and that you have the right, authority and capacity to enter into and abide by the
terms and conditions of this Agreement;
- have full power and authority to enter into this Agreement and in doing so will not violate
any other agreement to which you are a party;
- have not previously been suspended or removed from using our Services;
- are not identified as a “Specially Designated National” in the United States or
on the Consolidated Canadian Autonomous Sanctions List;
- are not placed on the U.S. Commerce Department’s Denied Persons List;
- will not use our Services if any applicable laws in your country or other jurisdiction
prohibit you from doing so in accordance with these Terms; and
- meet all eligibility requirements for the Services at the time of using any Services.
- 2. Prohibited Uses and Activities
When using the Services, you must comply with all applicable laws and regulations (e.g.
anti-money laundering and anti-terrorist financing requirements). The following obligations
apply to your use of any or all of the Services. When using the Services, you shall not:
- decompile, disassemble, reverse engineer, investigate, or otherwise access any non-UI portion
of Rarity Sniper;
- circumvent any limitations we place on your use of the Services;
- automate access to the Services, including, without limitation, through the use of APIs,
bots, scrapers or other similar devices, or cause or launch any programs or scripts for the
purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services
or unduly burdening or hindering the operation and/or functionality of any aspect of the
Services;
- impersonate any person or entity, or request, offer, receive, or provide the Services after
having been banned by us,
- attempt to gain unauthorized access to or impair any aspect of the Services or its related
systems or networks,
- link to, mirror or frame any portion of the Services;
- reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell,
resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise
exploit the Services except as expressly permitted by Rarity Sniper;
- remove any copyright, trademark or other proprietary notices from any portion of Rarity
Sniper;
- in your request, receipt, or provision of the Services, stalk, threaten, or otherwise harass
any person;
- violate any law, statute, rule, permit, ordinance or regulation;
- post User Content or interact with any person via Rarity Sniper in a manner which is
fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- use Rarity Sniper in any way that infringes any third party’s rights, including,
without limitation: Intellectual Property rights, copyright, patent, trademark, trade secret
or other proprietary rights or rights of publicity or privacy;
- rent, lease, lend, sell, redistribute, license or sublicense the Services or access to any
portion of Services;
- discriminate against or harass anyone on the basis of race, national origin, religion,
gender, gender identity, physical or mental disability, medical condition, marital status, age
or sexual orientation;
- post, email or otherwise transmit any malicious code, files or programs designed to
interrupt, damage, destroy or limit the functionality of any computer software or hardware or
telecommunications equipment or surreptitiously intercept or expropriate any system, data or
personal information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any
information transmitted in connection with the request, offer, receipt, or provision of
Services; or,
- cause any third party to engage in the restricted activities above.
- 3. Listing, Scores and Ranking
- 3.1 Listings, Scores and Rankings. Our rarity rankings of NFTs of supported collections are based on traits and other
considerations proprietary to Rarity Sniper and/or collection creators. We do not make any
guarantees or warranties regarding the accuracy, consistency or value of any of the scores or
rankings on the Services, all of which are subject to the disclaimers set forth in Section 11.
We reserve the right to change and adjust the scores and rankings at any time in our sole
discretion, without notice, including, without limitation, through automated means.
- 3.2. Listing Submissions. If you wish to have your NFT project or collection listed on the Services with rarity
scores and rankings, you must submit a request form via the
Listing Submission Form. If you wish to have your NFT project listed on our “Upcoming Drops Calendar”
page, you must fill in and submit the
Upcoming Drops Calendar Form. Rarity Sniper shall have sole discretion over whether to accept any Listing Submission Form
or Upcoming Drops Calendar Form and whether to accept your request to list any NFT project or
collection. By submitting a Listing Submission Form or Upcoming Drops Calendar Form, you:
- (a) acknowledge that Rarity Sniper and/or its affiliates may, now or in the future, own
and/or operate, in addition to the Services, one or more other service(s), marketplace(s)
or platform(s) on which NFTs are displayed, listed, stored, custodied, traded, posted or
linked to (together with the Services, collectively, the “NFT Platforms”), and you acknowledge and agree that (i) Rarity Sniper and its affiliates may
synchronize (including, without limitation, using automated means) submitted NFT projects
and collections across one or more NFT Platforms, and (ii) your submission is a request to
have your NFT project or collection, as well as all NFT projects or collections that you
previously submitted to Rarity Sniper, included on the Services and also, to the extent
applicable, on the other NFT Platforms;
- (b) grant to Rarity Sniper and its affiliates and our respective licensees, successors,
and assigns a perpetual, irrevocable, worldwide, non-exclusive, royalty-free,
sublicensable (through multiple tiers), transferable right and license (i) to copy,
reproduce, display, list, score and rank on the NFT Platforms all NFTs (including, without
limitation, the data, text, images, audio, video or other content associated with them) in
the project or collection you submit, and all projects and collections you previously have
submitted, for listing (collectively, “User-Submitted Materials”), to use on the NFT Platforms any names, user names, pseudonyms, smart contract
or wallet addresses, trademarks or logos associated with such NFTs, project(s) or
collection(s) in connection with them, and to link to such NFTs on the NFT marketplaces on
which they are available for purchase, and (ii) use all answers and information you submit
through the Listing Submission Form or Upcoming Drops Calendar Form to operate the NFT
Platforms, for our and our affiliates’ other business, and analytics purposes and to
contact you;
- (c) represent and warrant to us that (i) all answers and information you submit are
complete, true and accurate, (ii) you own all right, title and interest necessary to
provide such answers and information to us and to grant us the license set forth in clause
(b) above, (iii) you control the NFT marketplace accounts, collections and listings to
which you provide links, (iv) no NFT in your project or collection (or any content
associated with any such NFT), or the display, promotion or sale thereof, infringes or
misappropriates any third party’s intellectual property rights, violates any
applicable law, rule or regulation, or otherwise violates these Terms, and (v) you have
authority to legally bind to these Terms the entity or entities you are using the Services
on behalf of; and
- (d) if you submit a Listing Submission Form and your NFT project or collection is listed,
scored and ranked on the Services, agree to pay to Rarity Sniper, as a condition of the
initial listing, scoring and ranking of each such NFT project or collection, the amount
set forth on the Listing Submission Form page for each such NFT project or collection, in the form of payment specified on the
Listing Submission Form page (the “Listing Fee”), via the invoice page we provide to you.
- 3.3. Previously User-Submitted Materials EACH TIME YOU USE THE SERVICES, YOU HEREBY GRANT TO RARITY SNIPER AND ITS AFFILIATES
THE RIGHTS AND LICENSES SET FORTH IN SECTION 3.2(B), AND YOU MAKE THE REPRESENTATIONS AND
WARRANTIES SET FORTH IN SECTION 3.2(C), WITH RESPECT TO ALL USER-SUBMITTED MATERIALS AND
INFORMATION THAT YOU PREVIOUSLY SUBMITTED TO THE SERVICES.
- 3.4. No Refunds of Listing Fee. The Listing Fee is non-refundable.
- 3.5. Removal of Listings, Scores, Rankings, and Advertising. Rarity Sniper reserves the right, in its sole discretion, to remove any NFT listings,
scores, rankings, paid advertisements and/or other content from Rarity Sniper at any time if
Rarity Sniper believes that (a) you have made any misrepresentation regarding any of such
content, or (b) the continued inclusion of such content on the NFT Platforms would (i)
infringe or misappropriate the intellectual property rights of any third party, (ii) violate
any applicable law, rule or regulation, (iii) violate these Terms, (iv) expose Rarity Sniper
or its affiliates to liability or potential liability, (v) tarnish or damage Rarity
Sniper’s, its affiliates’ or Rarity Sniper’s reputation, brand or image, or
(vi) be otherwise undesirable.
- 4. Third-Party Services and APIs
- 4.1. Third-Party Services. The Services may contain links or functionality to access third party websites and
applications, or otherwise display, include, or make available content, data, information,
services, applications, or materials from third parties, or be made available or accessed in
connection with third party services and content (including advertising) that Rarity Sniper
does not control. You acknowledge that, though we may not warn you that you have left Rarity
Sniper, when you click on a link to access a third party website, application or content,
different terms of use and privacy policies may apply to your use of such third party
services, application and content. Rarity Sniper does not endorse, review, approve, monitor or
warrant any such third party website, application, services and content, and in no event shall
Rarity Sniper be responsible or liable for any products or services of such third party
service providers. You use all links to or in third-party websites, applications, and content
at your own risk.
- 4.2. Use of APIs. Without limiting the generality of the foregoing, Rarity Sniper may make available to
you Application Programming Interfaces (“APIs”) that belong to third parties or APIs that are developed by Rarity Sniper, and which,
as between you and us, are Rarity Sniper’s Intellectual Property. Your use of APIs must
be in compliance with these Terms. You shall not use the API for any purpose, function, or
feature not available within our Services or not otherwise communicated to you by us. Due to
the nature of the Services, we will update the APIs and related documentation from time to
time, and may add or remove functionality.
- 5. Copyright Infringement and Requests to Remove Content; Other Content Concerns
- 5.1 Requests to Remove Copyright Infringing Content. Rarity Sniper respects the valid intellectual property rights of others. Each user must
ensure that the materials they provide do not infringe any third-party rights, including,
without limitation, copyrights. We will respond to allegations of U.S. copyright infringement
with respect to content or other materials on the Services when we receive valid requests to
remove content submitted to us in the form described below.
- If you are a copyright owner, or an agent of a copyright owner, and you believe that any
content or other materials on the Services infringe your copyright, you may submit a
notification to us by providing the following information in writing at the email identified
below:
- identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringing or to be the subject of
infringing activity, and information reasonably sufficient to permit us to locate the
material;
- information reasonably sufficient to permit us to contact you, such as your name, address,
telephone number, and, if available, an email address;
- a statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement UNDER PENALTY OF PERJURY that the information in the notification is accurate,
and that you are authorized to act on behalf of the owner of the allegedly infringed
copyright; and
- your electronic or physical signature.
You should address your copyright concerns, including all of the information detailed above,
with the subject line: “DMCA Notice: [name of allegedly infringing
NFT/collection]”, as follows:
Legal Department
13346293 Canada LLC
One Oxford Centre, Suite 3440
301 Grant Street
Pittsburgh, PA 15219
Phone: (412) 325-3301
Email: [email protected]
- 5.2 Counter-Notices. If you believe that the User-Submitted Materials on the Services that you provided have
been improperly removed pursuant to a removal request because they are not infringing, such as
because you have authorization from the actual copyright owner or the owner’s agent
and/or because you have the right to license us to store and display the User-Submitted
Materials you provide under applicable law, you may send a written counter-notice to the
contact details described above with the subject line “DMCA Counter-Notice: [name of
allegedly infringing NFT/collection]”, and the following information:
- identification of the User-Submitted Materials that have been removed or to which access has
been disabled and the location(s) at which the User-Submitted Materials appeared before such
User-Submitted Materials were removed or disabled;
- a statement UNDER PENALTY OF PERJURY that you have a good faith belief that such
User-Submitted Materials were removed or disabled as a result of mistake or misidentification
of the material to be removed or disabled;
- your name, address, telephone number and, if available, email address;
- a statement that you consent to the jurisdiction of the Federal District Court for the
judicial district in which your address is located or, if your address is outside of the
United States, to the jurisdiction of the federal courts located in San Francisco, California,
and that you will accept service of process from the party that provided notification to us of
the alleged infringement; and
- your physical or electronic signature.
If we receive a counter-notice containing the above information, we may send a copy of such
counter-notice to the original complaining party and we may inform such party that we may
replace the removed or disabled content in ten (10) business days. Unless we receive further
notice from the original complaining party that it has filed an action seeking a court order to
restrain the allegedly infringing activity, we may replace or re-enable access to the allegedly
infringing content or materials ten (10) to fourteen (14) business days after the date on which
we received the valid counter-notice.
- 5.3 Repeat Infringer Policy. Rarity Sniper reserves the right to terminate a user account (if applicable) and/or a
user’s ability to submit additional listings to Rarity Sniper if such user (or the
entity they represent) is a repeat infringer or is repeatedly charged with infringement due to
requests delivered in accordance with Section 5.1.
- 5.4 Other Content Concerns. If you believe that any content or other material on the Services infringes or violates
your rights, other than copyrights (which, for the avoidance of doubt, are addressed in
Sections 5.1 and 5.2), you may send us a notification to the contact below. Your sending of
such a notification shall not create any obligation (e.g., to review, respond or take any
action) with respect to the subject matter of the notification, except if and to the limited
extent required by applicable law.
Email: [email protected]
Any such notification should include the following information in writing:
- identification of the intellectual property or other right claimed to have been infringed or
violated, including, if applicable, the registration number of the intellectual property and
the applicable jurisdiction of the intellectual property or other right;
- the basis for your allegation of infringement or violation;
- identification of the material that is claimed to be infringing or to be the subject of
infringing activity, and information reasonably sufficient to permit us to locate the
material;
- information reasonably sufficient to permit us to contact you, such as your name, address,
telephone number, and, if available, an email address;
- a statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the rights holder, its agent, or the law; and
- a statement UNDER PENALTY OF PERJURY that the information in the notification is accurate,
and that you are authorized to act on behalf of the owner of the allegedly infringed
intellectual property or holder of the allegedly violated right; and
- your electronic or physical signature.
- 6. Intellectual Property Rights.
- 6.1 Rarity Sniper Materials. Unless otherwise indicated by us, all copyright and other intellectual property rights
in all content and other materials contained on Rarity Sniper or provided in connection with
the Services, including, without limitation, the Rarity Sniper logo and all designs, text,
graphics, pictures, information, data, software, sound files, other files and the selection
and arrangement thereof (collectively, “Rarity Sniper Materials”) are the proprietary property of Rarity Sniper or our licensors and are protected by
U.S. and international copyright laws and other intellectual property rights laws.
- 6.2 Limited License. Subject to your compliance with this Agreement, we grant to you a limited, revocable,
non-exclusive, non-transferrable, non-sublicensable, license to access and use the Services
for your legitimate and lawful personal or internal business use only,. This license
does not permit (a) any resale of the Rarity Sniper Materials or Services; (b) the
distribution, public performance or public display of any Rarity Sniper Materials, or any
portion thereof; (c) modifying or otherwise making any works derivative of the Rarity Sniper
Materials, or any portion thereof; (d) any use of the Rarity Sniper Materials other than for
their intended purposes; or (e) copying, “scraping”, or storing any contents of
the Service. The foregoing license will automatically terminate if you breach these Terms. All
rights not expressly granted to you by the foregoing license are hereby reserved to Rarity
Sniper.
- 7. Trademarks.
“Rarity Sniper,” the Rarity Sniper logo and any other Rarity Sniper product or
service names, logos or slogans that may appear on our Services are trademarks of Rarity Sniper,
in the United States and in other jurisdictions, and may not be copied, imitated or used, in
whole or in part, without our prior written permission. You may not and shall not use any
trademark, product or service name of Rarity Sniper without our prior written permission,
including, without limitation, any metatags or other “hidden text” utilizing any
trademark, product or service name of Rarity Sniper. In addition, the look and feel of our
Services, including all page headers, custom graphics, button icons and scripts, is the service
mark, trademark and/or trade dress of Rarity Sniper and may not be copied, imitated or used, in
whole or in part, without our prior written permission. All other trademarks, registered
trademarks, product names and company names or logos mentioned through our Services are the
property of their respective owners. Reference to any products, services, processes or other
information, by name, trademark, manufacturer, supplier or otherwise does not constitute or
imply endorsement, sponsorship or recommendation by us.
- 8. Feedback
Any questions, comments, suggestions, ideas, feedback or other information (“Feedback”) provided by you to us are non-confidential and shall become the sole property of
Rarity Sniper immediately upon, and by function of, delivery by you to Rarity Sniper. Rarity
Sniper shall own exclusive rights, including all Intellectual Property rights, and shall be
entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial
or otherwise, without acknowledgment or compensation to you.
- 9. Suspension; Termination
In the event of any Force Majeure Event (as defined below), any breach of these Terms, or any
other event that would make provision of the Services commercially unreasonable for Rarity
Sniper, we may, in our discretion and without liability to you, with or without prior notice,
suspend your access to all or a portion of our Services. In addition, we may terminate your
access to the Services in our sole discretion, immediately and without prior notice, and delete
or deactivate your Rarity Sniper account (if applicable) and all related information and files
in such account without liability to you, including, for instance, in the event that you breach
any term of these Terms.
- 10. Discontinuance of Services.
We may, in our sole discretion and without liability to you, with or without prior notice and
at any time, modify or discontinue, temporarily or permanently, any portion or all of our
Services.
- 11. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW:
WE HEREBY EXCLUDE ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING THE SERVICES,
WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, THE FOLLOWING
DISCLAIMERS OF REPRESENTATIONS, CONDITIONS, AND WARRANTIES ARE MADE ON BEHALF OF RARITY SNIPER,
OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SHAREHOLDERS.
THE SERVICES ARE “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL
REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING RARITY SNIPER AND THE SERVICES, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF TITLE, ANY REPRESENTATION,
CONDITION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT INCLUDING, WITHOUT LIMITATION, THE RARITY SNIPER MATERIALS CONTAINED THEREIN,
AND WARRANTIES ABOUT THE ACCURACY, CORRECTNESS, QUALITY OR RELIABILITY OF THE RARITY SNIPER
MATERIALS ON THE SERVICE (INCLUDING, WITHOUT LIMITATION, RARITY SCORES AND RANKINGS).
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME
IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING
SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE
EVENTS OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED
MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE
FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH
OUR SERVICES.
THE INFORMATION PROVIDED ON RARITY SNIPER IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND IS
NOT INTENDED TO CONSTITUTE INVESTMENT, FINANCIAL, LEGAL, TAX, OR ACCOUNTING ADVICE. MANY FACTORS
UNKNOWN TO US MAY AFFECT THE APPLICABILITY OF ANY RARITY RANKING, STATEMENT OR COMMENT MADE ON
RARITY SNIPER. RARITY SNIPER IS NOT ACTING IN ANY FIDUCIARY CAPACITY REGARDING THE MATERIALS ON
RARITY SNIPER. PLEASE CONTACT YOUR PERSONAL INVESTMENT, FINANCIAL, LEGAL, TAX, OR ACCOUNTING
ADVISORS SHOULD YOU HAVE ANY QUESTIONS OR SHOULD YOU SEEK ADVICE. THE RARITY SCORES AND RANKINGS
ARE NOT INTENDED TO BE RELIED ON AND WE SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH ANY NFT
PURCHASES MADE BY YOU.
WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS,
QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH
THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS, INCLUDING THE ABILITY TO PROVIDE OR
RECEIVE SERVICES AT ANY GIVEN LOCATION OR TIME OR ANY PARTICULAR LEVEL OF UP-TIME OR
AVAILABILITY OF THE SERVICES. THE SERVICES MAY BECOME UNAVAILABLE FOR MANY REASONS, INCLUDING,
WITHOUT LIMITATION, SCHEDULED AND UNSCHEDULED MAINTENANCE.
- 12. Indemnity
You agree to defend, indemnify and hold harmless Rarity Sniper and our affiliates (and each of
our and their respective owners, officers, directors, members, employees, agents and affiliates)
from and against any claim, demand, action, damage, loss, cost or expense, including, without
limitation, reasonable attorneys’ fees, arising out or relating to (a) your use of, or
conduct in connection with, our Services; (b) any Feedback you provide; (c) your
misrepresentation or violation of these Terms; (d) your violation of any rights of any other
person or entity; (e) any User-Submitted Materials you submit or make available to us (e.g.,
through the Listing Submission Form or the Upcoming Drops Calendar Form); or (f) any NFT
associated with the User-Submitted Materials you provide. If you are obligated to defend us, we
will have the right, in our sole discretion, to control any action or proceeding (at our
expense) and determine whether we wish to settle it. You shall not settle any claim or admit any
fault or liability without our prior written consent in each instance.
- 13. Applicable Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES
WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Rarity Sniper agree to arbitrate any dispute arising from these Terms or your use of
the Services, except for disputes in which either party seeks equitable and other relief for the
alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.
ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Rarity Sniper
agree to notify each other in writing of any dispute within thirty (30) days of when it arises.
Notice to Rarity Sniper shall be sent to
[email protected]. You and Rarity Sniper further agree: (a) to attempt informal resolution prior to any
demand for arbitration; (b) that any arbitration will occur in San Francisco, California; (c)
that arbitration will be conducted confidentially by a single arbitrator in accordance with the
rules of JAMS; and (d) that the state or federal courts in San Francisco, California have
exclusive jurisdiction over any appeals of an arbitration award and over any suit between the
parties not subject to arbitration. Other than class procedures and remedies discussed below,
the arbitrator has the authority to grant any remedy that would otherwise be available in court.
Any dispute between the parties will be governed by these Terms and the laws of the State of
California and applicable United States law, without giving effect to any conflict of laws
principles that may provide for the application of the law of another jurisdiction. Whether the
dispute is heard in arbitration or in court, you and Rarity Sniper will not commence against the
other a class action, class arbitration or representative action or proceeding.
- 14. Miscellaneous
- 14.1 Force Majeure Events. Without limiting any other provision of these Terms, Rarity Sniper shall not be liable
for (a) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the
transmission or delivery of information; or (b) any loss or damage arising from any event
beyond Rarity Sniper’s reasonable control, including but not limited to flood,
extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection,
riot, labor dispute, accident, action of government, communications, power failure, epidemic,
pandemic, or equipment or software malfunction or any other cause beyond Rarity Sniper’s
reasonable control (each, a “Force Majeure Event”).
- 14.2 Assignment. You may not assign any of your rights arising under these Terms without our prior written
consent. You give your approval to Rarity Sniper to assign or transfer these Terms in whole or
in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Rarity
Sniper’s equity, business or assets; or (iii) a successor by merger.
- 14.3 Severance. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole
or in part, under any law, such provision or part thereof shall to that extent be deemed not
to form part of these Terms but the legality, validity and enforceability of the other
provisions in these Terms shall not be affected. In that event, the parties shall replace the
illegal, invalid or unenforceable provision or part thereof with a provision or part thereof
that is legal, valid and enforceable and that has, to the greatest extent possible, a similar
effect as the illegal, invalid or unenforceable provision or part thereof, given the contents
and purpose of these Terms.
- 14.4 Amendment. Please be aware that we may from time to time amend any part of these Terms by adding,
deleting, or varying their content to adapt to new regulatory requirements, technological
advances, or legitimate business needs. These amendments may be made at any time and from time
to time at our discretion. The amended Terms will be effective immediately thereafter and your
use of the Services following the date on which such amended Terms are published will
constitute consent and agreement to such amendments.
- 14.5 Entire Agreement. These Terms (as amended from time to time) constitute the entire agreement between you and us
regarding Rarity Sniper. These Terms (and any amendments) replace and supersede any previous
or existing agreement, contract, understanding, or representation regarding Rarity Sniper. In
these Terms, the words “including” and “include” mean
“including”, but not limited to.