Terms of Use

Rarity Sniper
Updated: June 29, 2021

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. 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.
  1. 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.
  1. 3. Listing, Scores and Ranking
  1. 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.
  2. 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.
  1. 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.
  2. 3.4. No Refunds of Listing Fee. The Listing Fee is non-refundable.
  3. 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.
  1. 4. Third-Party Services and APIs
  1. 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.
  2. 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.
  1. 5. Copyright Infringement and Requests to Remove Content; Other Content Concerns
  1. 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.
  2. 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]

  1. 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.

  1. 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.
  2. 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.
  1. 6. Intellectual Property Rights.
  1. 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.
  2. 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.
  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 14. Miscellaneous
  1. 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”).
  2. 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.
  3. 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.
  4. 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.
  5. 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.