Terms and Conditions
The Website is owned and operated by MOONSAMA DAO (“we”, “us”, the “Company”).
Digital assets are electronic assets that use blockchain-based public ledgers over the internet to prove ownership ("Digital Assets").
Non-fungible tokens ("NFTs", "NFT") are Digital Assets with unique metadata that distinguish them from each other.
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”).
Raresama is a platform. Raresama is not a wallet provider, 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 transact Digital Assets. The Website is available only to individuals who are at least 18 years old.
3. ACCESS TO THE SERVICE AND ACCOUNT REGISTRATION
In order to list and purchase Digital Assets, you need a third-party wallet, which must be connected to Raresama.
You can also register for an account on the Service (“Account”) to add additional information, customize your profile and achieve a better user experience. By creating an Account, you agree to:
a) provide accurate, current and complete Account information about yourself;
b) maintain and promptly update from time to time, as necessary, your Account information;
c) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us; and
d) immediately notify us if you discover or otherwise suspect any security breaches related to the Service, or your Account.
Raresama will block multiple accounts of the same user.
Also, you agree that you will not:
a) create another account if Raresama disabled one you had, unless you have Raresama’s written permission first;
b) buy, sell, rent, or lease access to your Account or username, unless you have Raresama’s written permission first;
c) share your Account password with anyone; or
d) log in or try to login to access the Service through unauthorized third party applications or clients.
Raresama 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. Raresama may also require you to provide additional information and documents in cases where it has reasons to believe that:
a) your Account is being used for money laundering or for any other illegal activity;
b) you have concealed or reported false identification information and other details; or
c) transactions made via your Account were made in breach of these Terms.
In such cases, Raresama, in its sole discretion, may pause or cancel your purchase transactions until such additional information and documents are reviewed by Raresama 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, Raresama may refuse to provide the Service.
By registering an Account on Raresama, you give us permission to use your username and profile picture for marketing and promotional purposes. Regardless of registration, users acting as creators also understand and agree that Raresama may display, reproduce, and distribute their works represented in Digital Assets minted, listed, and tradable on Raresama, for the purpose of operating, promoting, sharing, developing, marketing, and advertising the Website, or any other purpose related to Raresama.
4. MODIFICATION TO TERMS OF SERVICE
Within the limits of applicable law, Raresama reserves the right to review, update and modify the Service and 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.
5. COMMUNICATION PREFERENCES
By creating an Account, you consent to receive electronic communications from Raresama (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 Raresama.
You agree that any notices, agreements, disclosures or other communications that Raresama sends to you electronically shall satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
You acknowledge that the ownership of Digital Assets 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.
Except as expressly provided to the contrary in writing by Raresama, the Service and content contained therein, and Digital Assets listed therein are provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.
Raresama makes no warranty that the Service:
a) will meet your requirements;
b) will be available on an uninterrupted and timely basis.
Raresama 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 Raresama 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 Raresama responsible for any breach of security unless it is due to our gross negligence.
Raresama 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 Digital Assets, including but not limited to any losses, damages or claims arising from:
a) user error, such as forgotten passwords, incorrectly contruced transactions, or mistyped addresses;
b) server failure or data loss;
c) corrupted wallet files;
d) unauthorized access to applications;
e) any unauthorized third party activities; including, without limitation, the use of viruses, phishing, brute forcing, or other means of attack against the service or Digital Assets.
Digital Assets are intangible electronic 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. Raresama does not guarantee that Raresama can affect the transfer of title or right in any Digital Assets.
However, Raresama requests its users who act as creators to warrant that:
a) the Digital Assets they mint as NFTs and list through Raresama are their own individual creations, or b) they are authorized by the original creators (or co-creators) to mint and list their creations which, in either case, have not previously been published and/or exploited in any manner, in order for them to comply with these Terms, under liability to Raresama and other users.
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.
Raresama is not responsible for sustained casualties due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains or any other features of Digital Assets. Raresama 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 Digital 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.
7. ASSUMPTION OF RISKS
You accept and acknowledge:
a) The value of NFTs is subjective and prices of blockchain assets are extremely volatile. Fluctuations in the price of other Digital Assets could materially and adversely affect the Digital Assets, which may also be subject to significant price volatility. We cannot guarantee that any purchasers of Digital Assets will not lose money.
b) You are solely responsible for determining what, if any, taxes apply to your Digital Assets transactions. Raresama is not responsible for determining the taxes that apply to Digital Assets transactions.
c) 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 Raresama shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Digital Assets, however caused.
d) 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 Digital Assets.
e) The regulatory regime governing blockchain technologies, cryptocurrencies, non-fungible tokens and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of Digital Assets.
f) There are risks associated with purchasing user generated content, including but not limited to, the risk of purchasing counterfeit assets, mislabeled assets, assets that are vulnerable to metadata decay, assets on smart contracts with bugs, and assets that may become untransferable. Raresama 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 Raresama. Under no circumstances shall the inability to view your assets on Raresama serve as grounds for a claim against Raresama.
9. LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall Raresama 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 Raresama arising out of or in any way related to these terms, the access to and use of the service, content, Digital Assets, or any products or services purchased on the service exceed the greater of:
a) the amount received by Raresama from the sale of Digital Assets that are the subject of the claim, and
b) the operational costs from the sale of Digital Assets that are the subject of the claim.
The foregoing limitations of liability shall not apply to liability of Raresama for:
a) death or personal injury caused by a member of Raresama’s negligence; or for
b) any injury caused by a member of Raresama’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.
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.
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.
12. APPLICABLE LAW
This Agreement shall be governed in all respects by the substantive laws of Switzerland. Any controversy, claim, or dispute arising out of or relating to the Agreement shall be subject to the jurisdiction of the competent courts of Switzerland, the jurisdiction of the Swiss Court being expressly reserved.