THESE TERMS GOVERN YOUR ACCESS TO, AND USE OF THE RARITY SNIPER WEBSITE(S), THE RARITY SNIPER DISCORD SERVER, SUPPORT, CONTENT, PRODUCTS, SOFTWARE, AND OTHER SERVICES MADE AVAILABLE BY RARITY SNIPER INCLUDING, WITHOUT LIMITATION, RELATING TO NFT RARITY RANKING, NFT RELATED CONTENT, ARTICLES, DATA, NEWS OR OTHERWISE. “NFT” IN THESE TERMS MEANS A NON-FUNGIBLE TOKEN OR SIMILAR DIGITAL ITEM IMPLEMENTED ON A BLOCKCHAIN (SUCH AS THE ETHEREUM BLOCKCHAIN), WHICH USES SMART CONTRACTS TO LINK TO OR OTHERWISE BE ASSOCIATED WITH CERTAIN CONTENT OR DATA.
⚠ 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 INFORMS YOU OF SUCH RISKS AND 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 OR BROWSE THE WEBSITE OR DISCORD SERVER. IF YOU DO ACCESS OR USE THE SERVICES, THEN YOU WILL BE CONSIDERED TO HAVE AGREED TO THESE TERMS.
CHANGES TO THESE TERMS
First, 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, and could occur very close together, or very far apart, depending on the circumstances.
⚠ IF YOU DO NOT CEASE USING THE SERVICES FOLLOWING AMENDMENTS, THEN BY YOUR CONTINUED USE, YOU HAVE ACCEPTED THE PROPOSED AMENDMENTS.
Rarity Sniper is first and foremost a community of persons sharing an interest towards NFTs and NFT related content, built by members of this community. We provide to our community a technology platform comprising the Website(s) and the Discord Server, that enables persons that use it (“Users”) to obtain information on the rarity ranking of NFTs for supported NFT collections, provide NFT related content, news, articles and we may provide data relating to NFTs (collectively, the “Services”). We provide our Services through our Website(s), and other channels/platforms, including our discord server, social media accounts, our blogs, and customer support tools, which we collectively refer to as the “Rarity Sniper Platform”.
Any decision by a User to buy, sell, send, receive, lend, borrow or otherwise exchange or trade NFTs on the blockchain is a decision made in such User’s sole discretion. We do not own or control any Cryptocurrency blockchain networks. We encourage you to learn about NFTs before making a transaction.
⚠ YOU AGREE AND ACKNOWLEDGE THAT RARITY SNIPER DOES NOT PROVIDE ANY INVESTMENT, FINANCIAL, LEGAL, TAX, ACCOUNTING OR TRADING ADVICE AND DOES NOT FUNCTION AS AN INVESTMENT DEALER OR INVESTMENT BROKER.
We do not sell the Services available to Users on the Rarity Sniper Platform. You are authorized to access and use the Rarity Sniper Platform only under the terms of this Agreement.
Subject to your compliance with this Agreement, we grant to you a limited, revocable, non-exclusive, non-transferrable, non-sublicensable, personal licence to access and use the Services, in each case solely for your own legitimate and lawful use. For greater certainty, this does not include any right to directly access the software, databases, algorithms or data which powers the Rarity Sniper Platform, nor any right to obtain a copy of the source code or architecture thereof. Any rights not expressly granted herein are reserved by Rarity Sniper and Rarity Sniper’s licensors.
The Rarity Sniper Platform’s functions and data created thereby, and all rights, titles and interests including any and all Intellectual Property rights therein and related to the Services are and shall remain Rarity Sniper’s and its licensors’ property. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Rarity Sniper Platform or Services; or (ii) to use or reference in any manner Rarity Sniper’s company names, logos, product and service names, trademarks or services marks or those of Rarity Sniper’s licensors, if any.
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.
The Rarity Sniper Platform may only be used by individuals who can form legally binding contracts under applicable law, and are not available or intended for use by anyone under the age of majority. You hereby represent and warrant that:
We take our regulatory obligations seriously. If at any time you no longer meet the qualifications enumerated in this clause then you shall cease immediately using the Rarity Sniper Platform and inform us promptly.
Rarity Sniper provides rarity rankings for supported NFT collections and NFT related content, news, articles and may provide data relating to NFTs in general.
Our rarity rankings of NFTs of supported collections are based on traits and other considerations proprietary to Rarity Sniper and/or collection creators. The rarity ranking of any NFT presented on the Rarity Sniper Platform does not guarantee in any way the value or absolute rarity of such NFT. As always, we strongly encourage you to DYOR (do your own research) before purchasing, selling, trading, or minting any NFT or joining any NFT community. We make no representation, warranty, or guarantee about the identity, legitimacy, credibility, or authenticity of any NFT or NFT collection.
There are many risks associated with NFTs, cryptocurrency, and blockchain, which are independent of Rarity Sniper, including the following “Risks”:
Rarity Sniper may, from time to time, in Rarity Sniper’s sole discretion, permit you or other Users to provide, upload, publish, or post (including any profile information) or send to other Users (including via in-application feedback, any email feature, or through any Rarity Sniper-related Discord, Twitter or another social media posting) through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, and initiation of support requests (“User Content”).
Any User Content you upload, provide, or post on the Rarity Sniper Platform may be accessible to Rarity Sniper and the Users of the Services.
Whenever you make use of a feature that allows you to upload User Content to our Platform, or to make contact with other Users of our Platform, you shall not and must not submit, and warrant that you have not submitted, works, data, or material which: is defamatory, obscene, offensive, hateful or inflammatory; promote sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringes any copyright, database right or trademark of any other person; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promotes any illegal activity; is threatening, abusive or invade another’s privacy or causes annoyance, inconvenience or needless anxiety; is likely to harass, upset, embarrass, alarm or annoy any other person; advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Any User Content you upload to our Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but by the act of uploading providing, or posting such User Content, you grant Rarity Sniper a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence, with the right to sublicence, to make, have made, use, sell, offer for sale, import, store, copy, create derivative works of, publicly display, publicly perform, and otherwise exploit in any manner such User Content and to distribute and make it available to third parties during and after the term of your use of the Services without the requirement of payment to you or any other person or entity, all in any media now known or hereinafter invented.
You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your User Content as accurate, current and complete.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Rarity Sniper the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Rarity Sniper’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s Intellectual Property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
If User Content which you upload to our Platform does not meet (or is alleged to not meet) the above requirements, you will shall indemnify, defend, and hold us harmless for any claim, action, suit, liability, proceeding, damage, fee (including attorney’s fees), and costs arising therefrom or relating thereto. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the requirements set out above. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Platform constitutes a violation of their Intellectual Property rights, or of their right to privacy.
In addition, Rarity Sniper may, but shall not be obligated to, review, monitor, or remove User Content, at Rarity Sniper’s sole discretion and at any time and for any reason, without notice to you.
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:
All copyrights, trademarks (registered or unregistered), service marks, trade names, and other intellectual and proprietary rights associated with the Rarity Sniper Platform and the Services are owned by Rarity Sniper and its licensors, including but not limited to graphical user interfaces, logos, images, slogans, taglines, site designs, web designs, non-user-generated content, our organization and presentation of User Content, computer code, database rights, our recommendations formats and systems, and all other aspects of the Services (collectively “Material”) save and except for user submitted User Content. You are prohibited from making any copies or modifications to any Material, and from distributing or exploiting any Material, in whole or in part, other than as may be expressly provided for herein.
All other trademarks, logos, service marks, company or product names set forth in the Rarity Sniper Platform are the property of their respective owners.
Any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) 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 these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Rarity Sniper’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Services, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you through the Rarity Sniper Platform, if any, or for any purpose other than the use of the request, offer or receipt of Services. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain.
Notwithstanding the above, you shall not have liability to Rarity Sniper with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Rarity Sniper or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Rarity Sniper; becomes known to you, without restriction, from a source other than Rarity Sniper without breach of this Agreement by you and otherwise not in violation of Rarity Sniper’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Rarity Sniper to enable Rarity Sniper to seek a protective order or otherwise prevent or restrict such disclosure.
The information provided on the Rarity Sniper Platform 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 the Rarity Sniper Platform. Rarity Sniper is not acting in any fiduciary capacity regarding the materials on the Rarity Sniper Platform. Please contact your personal investment, financial, legal, tax, or accounting advisors should you have any questions or should you seek advice.
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 THE RARITY SNIPER PLATFORM 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.
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.
WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF USERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, INCLUDING WITHOUT LIMITATION ALL BLOCKCHAIN RISKS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
WE ARE NOT RESPONSIBLE FOR CONDUCT, ACTS, OR OMISSIONS, ONLINE OR OFFLINE, OF ANY USER, INCLUDING UNAUTHORIZED USERS. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.
RESPECTIVE AUTHORS ARE SOLELY RESPONSIBLE FOR THEIR OPINIONS, ADVICE, STATEMENTS, OFFERS, INFORMATION OR CONTENT MADE THROUGH OUR SERVICES. WE ARE NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED BY THIRD PARTIES USING OUR SERVICES.
IT IS NOT REASONABLE TO RELY UPON THE OPINIONS, ADVICE, STATEMENTS, OFFERS, OR OTHER INFORMATION CONCERNING US OR MADE AVAILABLE THROUGH THE RARITY SNIPER PLATFORM OR IN CONNECTION WITH THE SERVICES, BUT NOT DIRECTLY MADE BY US.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR ANY USE OF OUR SERVICES OR OTHERWISE INCLUDING, WITHOUT LIMITING, ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND WITH THE EXCEPTION OF DIRECT DAMAGES ARISING FROM INTENTIONAL WRONGDOING OR GROSS NEGLIGENCE, WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY OR RELATED TO THE RARITY SNIPER PLATFORM, OUR ACTIONS OR INACTIONS, OR THESE TERMS (INCLUDING THE BREACH OF THESE TERMS). THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL DIRECT, INDIRECT, AND CONSEQUENTIAL DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPERTY, PRIVACY, STATUTE, OR OTHERWISE.
NOTABLY, AND WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF DIGITAL ASSETS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOST TIME, LEGAL FEES, LITIGATION EXPENSES, OR PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES OR THE RARITY SNIPER PLATFORM, EVEN IF RARITY SNIPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, RARITY SNIPER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE, REQUEST, OFFER, RECEIPT OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE, REQUEST, OFFER, RECEIVE THE SERVICES.
You agree to, and shall, defend, indemnify and hold Rarity Sniper and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your access to, use, request, offer, receipt of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Rarity Sniper’s use of the User Content you uploaded on the Rarity Sniper Platform; (iv) your violation of the rights of any third party, including Users; (v) any allegation that any materials that you submit to us or transmit through the Rarity Sniper Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other Intellectual Property or other rights of any third party; and/or (vi) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY BUT ONLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU SHALL, AND HEREBY DO, WAIVE, RELEASE, AND DISCHARGE RARITY SNIPER AND ALL OF ITS OWNERS, STOCKHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNEES AND SUCCESSORS IN INTEREST, (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ANY AND ALL CAUSES OF ACTION, DAMAGES, ACTIONS, CLAIMS AND LIABILITIES, WHETHER KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED, SUSPECTED OR UNSUSPECTED, RELATING TO OR ARISING FROM ANY ACTIVITY, OCCURRENCE OR EVENT INVOLVING THE RARITY SNIPER PLATFORM, DATA, SERVICES, OR OTHER USERS (COLLECTIVELY, “CLAIMS”). THIS RELEASE IS INTENDED TO RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ALL DAMAGES, ACTIONS, CLAIMS AND LIABILITIES OF ANY NATURE, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, DAMAGES, ACTIONS, CLAIMS AND LIABILITIES ARISING FROM OR RELATED TO PERSONAL INJURY AND/OR THE NEGLIGENCE OF THE RELEASED PARTIES. YOU IRREVOCABLY COVENANT NOT TO SUE RARITY SNIPER OR ANY RELEASED PARTY WITH RESPECT TO ANY CLAIM WAIVED, RELEASED OR DISCHARGED HEREBY.
To the fullest extent permitted by applicable law, these Terms shall be governed by the laws of Canada, without regard to its principles of the conflict of laws.
We are committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful in doing so within sixty (60) days of your complaint, either of us may pursue claims as explained below.
To the fullest extent permitted by applicable laws, any and all litigation or disputes arising from or related to these Terms or the Services shall be submitted to, and be subject to, the exclusive jurisdiction of the appropriate courts in Canada.
All disputes arising from or relating to these Terms or the Rarity Sniper Platform shall be determined by a judge-alone trial. You and us irrevocably waive any right to a trial by jury which might exist in any forum.
Rarity Sniper may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Rarity Sniper by written communication by using the contact details provided at the beginning of these Terms.
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.
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.
These Terms do not create any relationship of employment, partnership, agency, trust, franchise, or joint venture between you, Rarity Sniper as a result of the contract between you and Rarity Sniper or use of the Services. Nor do they create any fiduciary duties. You have no authority to bind Rarity Sniper, and you undertake not to hold yourself out as an employee, agent or authorized representative of Rarity Sniper.
You retain the sole right to determine when, where, and for how long you will utilize the Rarity Sniper Platform.
These Terms (as amended from time to time) constitute the entire agreement between you and us regarding the Rarity Sniper Platform. These Terms (and any amendments) replace and supersede any previous or existing agreement, contract, understanding, or representation regarding the Rarity Sniper Platform. In these Terms, the words “including” and “include” mean “including”, but not limited to.