Terms and Conditions
Effective Date: March 9, 2018
Rare Art Labs develops software that artists may use to sell their digital art, and the company does so through its Site (as defined below).
Additional terms may apply to purchases of services and to specific portions or features of the Site (collectively, “Additional Terms”), all of which are made a part of these Terms by reference and you agree to abide by Additional Terms. In the event of any conflict between these Terms and Additional Terms, Additional Terms shall control with respect to your use of that portion of the Site or the service to which they apply only.
We reserve the right to modify or replace these Terms at any time without prior notice. Any changes to these Terms will become effective upon posting of the revised terms. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes.
In consideration of your use of the Site, you represent, warrant and covenant to us that (a) you are at least 13 years old, or the age of majority in your jurisdiction of residence (if over 13), are competent, and have the capacity and authority necessary to enter into, and perform your obligations under, the Terms; (b) if you access the Site in your capacity as an employee, owner, or otherwise as an agent of another person or entity, you agree on behalf of yourself and such person or entity, jointly and severally, to be bound by these Terms; and (c) you will comply with all applicable laws, rules and regulations of all applicable jurisdictions in connection with your use of the Site.
The Lab creates software, some proprietary and some open source, which individuals can use to issue and sell cryptographic tokens on the Ethereum blockchain that represent an artist’s computer file (“Art Tokens”). Like signed and numbered prints for physical art, Art Tokens represent authentic and scarce ownership of a limited-edition artwork.
Individuals who buy and sell Art Tokens using The Lab’s software hereby agree that Art Tokens are purchased solely for consumptive value. Sellers of Art Tokens agree that they will not market, advertise, or otherwise promote Art Tokens for any purpose other than consumption and enjoyment. Sellers of Art Tokens may choose to bind application-layer utility to possession of an Art Token in such cases as, but not limited to, a character in a video game or a trading card in an online card game. Sellers and buyers of Art Token expressly agree that Art Tokens are not financial investments, should not be purchased for financial intent, and may not be advertised as financial vehicles.
To access certain features offered on or through the Site, you may be required to or allowed to set up an account (including a username and password) by providing certain profile and contact information. A registered user, you are responsible for providing complete and accurate information (“User Information”). You are responsible for keeping your User Information current.
If you are a registered user, you are solely responsible for maintaining the confidentiality of your account, and you agree to accept responsibility for all activities that occur on or through your account. In the event that you need to deactivate your account, it is your sole responsibility to inform us of any such need in writing via email to firstname.lastname@example.org. You agree to immediately notify us of any unauthorized use of your account or password or any other breach of security by emailing email@example.com. We are not responsible or liable for any activity through your account (whether or not authorized by you), any harm related to theft of passwords, or your disclosure of passwords or other account information, or for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to refuse accounts or terminate accounts in our sole discretion.
All the text, content, graphics, interfaces, code and materials on the Site, including, but not limited to, the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, is intellectual property protected by copyright, trademark or other proprietary rights of The Lab or its licensors or other designees, which rights may or may not be registered in certain jurisdictions. Your access and use of the Site does not grant to you ownership of any of the foregoing. You acknowledge and agree that The Lab reserves and retains, for itself and such third parties, as applicable, all intellectual property and other proprietary rights of any and all kinds in connection with the Site. The Site is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Lab. The collective work includes works that are licensed to The Lab.
Your use of the Site is subject to all applicable laws and regulations, which may vary depending on your jurisdiction of residence and from where you access the Site. You may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Site or any content, information, software, products or services obtained from or through the Site without prior written permission. You may not (a) engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information, (b) send chain letters or pyramid schemes on or through the Site; (c) decompile, disassemble or reverse engineer the Site or any portion thereof, or (d) attempt to gain unauthorized access to any portion of the Site or any other computer systems or social media or mobile platforms on or through the Site. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for on or through the Site. Use of the Site as made available through a third-party social media platform such as Twitter or Facebook is also subject to such platform’s applicable terms and conditions.
Our Site may contain links to third-party websites, services, and content that are not owned or controlled by us, including the works of art owned by artists who use the Site. We are not responsible for the content of linked third-party websites and we do not make any representations or warranties regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites (including their privacy policies).
We attempt to provide accurate, current and reliable information on or through the Site. However, there may be times when information displayed on or through the Site may contain incomplete data, typographical errors, inaccuracies, or outdated information. We make no warranties as to the accuracy, completeness or timeliness of the information we make available on or through the Site, or that it is reliable, complete or error-free. We reserve the right to correct errors and update information available on or through the Site at any time.
You hereby release and agree to indemnify, defend and hold harmless The Lab, its affiliates, or any of their respective officers, directors, members, partners, shareholders, employees, agents, licensors or suppliers (collectively, the “Protected Entities”) from and against any and all claims, liabilities, obligations, losses, damages, penalties, demands, actions, suits, judgments, settlements, costs and expenses in connection with any use or alleged use of the Site, or any violation or alleged violation of applicable law or a third party’s rights, in each case by use or under your user name by any person or entity, whether or not authorized by you.
THE SITE, SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO THE SITE, SERVICES OR ANY CONTENT WILL BE SECURE, UN-INTERRUPTED OR ERROR-FREE.
These Terms constitute the entire agreement between you and The Lab and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services or third-party content. These Terms and the relationship between you and The Lab are governed and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. By using this Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions shall remain in full force and effect.
The Site is controlled and operated in the United States of America. We make no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of United States or any other jurisdiction’s export, re-export or import laws and regulations.
By Email: firstname.lastname@example.org.