Terms of Service
Terms of Use
last updated on 23 July 2022
INTRODUCTION
The following Terms of Use (“Terms”) and conditions govern all use of the deadrare.io website (“the Website”), including, without limitation, the creation, minting, listing, purchase, sale, exchange, or modification of certain digital assets (collectively, the “Service”). The trading name of the Website is Dead Rare.
The Website is offered subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Website (taken together, the “Agreement”).
Dead Rare is a platform. Dead Rare is not a broker, financial institution, or creditor. The Services offered on the platform are of administrative nature only.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website, use any Services, or buy crypto assets. The Website is available only to individuals who are at least 18 years old.
PRIVACY POLICY
Dead Rare Privacy Policy explains the way we handle and protect your personal data in relation to your use and browsing of the Website. By agreeing to the present terms and conditions and to be able to use the Service, you also agree to our Privacy Policy.
ACCOUNT REGISTRATION
In order to list and purchase crypto assets, you may need to register for an account on the Service (“Account”). By creating an Account, you agree to:
provide accurate, current and complete Account information about yourself;
maintain and promptly update from time to time, as necessary, your Account information;
maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us; and
Dead Rare will block multiple accounts of the same user.
Also, you agree that you will not:
create another account if Dead Rare disabled one you had, unless you have Dead Rare’s written permission first;
buy, sell, rent or lease access to your Account or username, unless you have Dead Rare’s written permission first;
share your Account password with anyone; or
log in or try to login to access the Service through unauthorized third party applications or clients.
Dead Rare may require you to provide additional information and documents at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. Dead Rare may also require you to provide additional information and documents in cases where it has reasons to believe that:
your Account is being used for money laundering or for any other illegal activity;
you have concealed or reported false identification information and other details; or
transactions made via your Account were made in breach of these Terms.
In such cases, Dead Rare, in its sole discretion, may pause or cancel your purchase transactions until such additional information and documents are reviewed by Dead Rare and accepted as satisfying the requirements of applicable law. If you do not provide complete and accurate information and documents in response to such a request, Dead Rare may refuse to provide the Service.
By registering an Account on Dead Rare, you give us permission to use your name and picture for marketing and promotional purposes. Users registered as creators also understand and agree that Dead Rare may display, reproduce, and distribute their works represented in digital assets minted, listed and tradable on Dead Rare, for the purpose of operating, promoting, sharing, developing, marketing, and advertising the Website, or any other purpose related to Dead Rare.
MODIFICATION TO TERMS OF SERVICE
Within the limits of applicable law, Dead Rare reserves the right to review and change this Agreement at any time. You are responsible for regularly reviewing these terms and conditions. Continued use and browsing of the Website after such changes shall constitute your consent to such changes.
COMMUNICATION PREFERENCES
By creating an Account, you consent to receive electronic communications from Dead Rare (e.g. via email or by posting notices to the Service).
These communications may include notices about your Account (e.g. password changes and other transactional information) and are part of your relationship with Dead Rare.
You agree that any notices, agreements, disclosures or other communications that Dead Rare sends to you electronically shall satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Dead Rare may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
You acknowledge that the ownership of digital assets (NFTs) made available or purchased on the Website may give you the right to view, store, exchange, sell and display the NFT publicly but does not allow or imply commercial use or ownership of intellectual property on the brand, design, music, video, art or other media displayed in your digital asset NFTs, unless specifically stated otherwise.
DISCLAIMERS
Except as expressly provided to the contrary in writing by Dead Rare, the Service and content contained therein, and crypto assets listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.
Dead Rare makes no warranty that the Service:
will meet your requirements;
will be available on an uninterrupted and timely basis.
Dead Rare disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for particular purpose, title and non-infringement to the Service, as well to the content published therein.
While Dead Rare attempts to make your access to and use of the service and content safe, you accept the inherent security risks of providing information and dealing online over the internet and will not hold Dead Rare responsible for any breach of security unless it is due to our gross negligence.
Dead Rare shall not be responsible or liable to you for any loss and take no responsibility for, and shall not be liable to you for any use of crypto assets, including but not limited to any losses, damages or claims arising from:
user error, such as forgotten passwords, incorrectly authorising transactions, or mistyped addresses;
server failure or data loss;
corrupted wallet files;
unauthorized access to applications;
any unauthorized third party activities; including, without limitation, the use of viruses, phishing, brute forcing, or other means of attack against the service or crypto assets.
Crypto assets are intangible digital assets. They exist only by virtue of the ownership record maintained in a blockchain. Any transfer of title that might occur in any unique digital asset occurs on the decentralized ledger within the blockchain. Dead Rare does not guarantee that Dead Rare can effect the transfer of title or right in any crypto assets.
However, Dead Rare requests its users who register as creators to warrant that the crypto assets they mint as NFTs and list through Dead Rare are their own individual creations, which have not previously been published and/or exploited in any manner, in order for them to comply with these Terms, under liability to Dead Rare and other users.
Dead Rare is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behaviour of software (e.g., wallet, smart contract), blockchains or any other features of crypto assets. Dead Rare is not responsible for casualties due to late report by developers or representatives (or no report at all) of any issues with the blockchain supporting crypto assets including forks, technical node issues or any other issues having fund losses as a result.
Nothing in these Terms shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.
Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.
ASSUMPTION OF RISKS
You accept and acknowledge:
The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the crypto assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of crypto assets will not lose money.
You are solely responsible for determining what, if any, taxes apply to your crypto assets transactions. Dead Rare is not responsible for determining the taxes that apply to crypto assets transactions.
There are risks associated with using an Internet based currency, including but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Dead Rare shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the crypto assets, however caused.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility or value of crypto assets.
The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of crypto assets.
There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabelled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. Dead Rare reserves the right to hide collections, contracts, and assets affected by any of these issues or by other issues. Assets you purchase may become inaccessible on Dead Rare. Under no circumstances shall the inability to view your assets on Dead Rare serve as grounds for a claim against Dead Rare.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall Dead Rare be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from these terms, the Service, or for any damages related to loss of revenue, loss of profit, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise.
The access to and use of the Services are at your own discretion and risk, and you shall be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of Dead Rare arising out of or in any way related to these terms, the access to and use of the service, content, crypto assets, or any products or services purchased on the service exceed the greater of:
the amount received by Dead Rare from the sale of crypto assets that are the subject of the claim, and
the operational costs from the sale of crypto assets that are the subject of the claim.
The foregoing limitations of liability shall not apply to liability of Dead Rare for:
death or personal injury caused by a member of Dead Rare’s negligence; or for
any injury caused by a member of Dead Rare’s fraud or fraudulent misrepresentation.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
TERMINATION
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Service at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
SEVERABILITY
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision shall be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. For the avoidance of doubt, the Website does not constitute legal, financial or tax advice.
Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
USER-GENERATED CONTENT IS NOT APPROVED BY US
The Website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
If you wish to complain about content uploaded by other users, please contact us on our Discord Server known as “Dead Rare”.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that the Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to the Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
TAX AUTHORITIES
You agree to us providing any information we hold to HM Revenue and Customs (or other tax authority) if we are required to do so.
APPLICABLE LAW
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. You are deemed to agree to the exclusive jurisdiction of the courts of England and Wales if you use this service.
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