Terms of Service

1. Introduction

Welcome to RareCanvas!

RareCanvas ("RareCanvas," "we," "our," or "us") operates as a decentralized peer-to-peer marketplace where users can explore, list, buy, and sell non-fungible tokens (NFTs) and other blockchain-based digital assets.

These Terms of Service ("Terms") establish the legally binding agreement between you ("you," "user," or "account holder") and RareCanvas regarding your access to and use of our website(s), APIs, mobile applications, and all associated features and services (collectively, the "Platform").

By creating an account, connecting a digital wallet, or otherwise using the Platform, you acknowledge that you have read, understood, and agreed to these Terms.

If you do not agree, you may not use the Platform.

2. What RareCanvas Is (and Is Not)

RareCanvas provides tools for discovering, displaying, and directly interacting with NFTs and digital assets that exist on public blockchains. We act strictly as a technology provider.

RareCanvas is NOT:

• A custodian of digital assets
• A broker, dealer, exchange, or financial institution
• A wallet provider or payment processor
• A guarantor of transactions

All NFTs and digital assets traded on the Platform are created, stored, and transferred via public blockchains. We have no ability to reverse, modify, or control blockchain transactions.

3. Eligibility

To use the Platform, you must:

• Be at least 18 years old or the age of majority in your jurisdiction.
• Have the legal authority to enter into binding agreements.
• Not be a resident of, or otherwise subject to, any jurisdiction that prohibits the use of NFT marketplaces or is subject to government sanctions.

By using the Platform, you represent that you satisfy these requirements.

4. Blockchain Identity and Wallets

Your blockchain address (through your connected digital wallet) serves as your identity on RareCanvas. RareCanvas does not operate or control third-party wallets.

You are solely responsible for safeguarding your:

• Private keys
• Seed phrases
• Wallet credentials

If you lose access to your wallet, RareCanvas cannot recover or restore it.

5. User Responsibilities

You agree to:

• Maintain accurate information on your account.
• Conduct transactions in good faith.
• Refrain from engaging in fraudulent, illegal, or deceptive activities.
• Ensure that any content or NFTs you list do not violate copyrights, trademarks, or other third-party rights.
• Conduct your own research before purchasing or interacting with NFTs.

6. Content and Intellectual Property

You retain ownership of the original content associated with your NFTs.

By listing NFTs on the Platform, you grant RareCanvas a worldwide, royalty-free, non-exclusive license to use, display, and distribute such NFTs for operational and promotional purposes.

You may not mint, upload, or sell NFTs that:

• Infringe intellectual property rights
• Promote hate
• Incite violence
• Contain unlawful material

7. Fees and Payments

RareCanvas charges service fees on transactions, which may be updated periodically.

You are responsible for all blockchain transaction costs, including gas fees.

All payments are final and non-refundable.

You are solely responsible for determining, reporting, and paying any applicable taxes.

8. Risks and Assumption of Risk

By using RareCanvas, you acknowledge the following:

• NFTs are speculative and may lose value.
• Blockchain transactions are irreversible.
• Smart contracts may contain vulnerabilities.
• Regulatory changes could impact the Platform or your NFTs.
• Internet disruptions, hacking, phishing, or malware may result in loss of assets.
• RareCanvas does not provide financial, investment, or tax advice.

9. Prohibited Conduct

You agree not to:

• Use the Platform for illegal purposes.
• Engage in wash trading, spoofing, or market manipulation.
• Upload harmful code, spam, or unauthorized advertising.
• Impersonate others, mislead users, or attempt to exploit the Platform.
• Circumvent fees, restrictions, or security measures.
• Buy, sell, or promote stolen or fraudulent items.
• Create or display content that promotes hate, violence, self-harm, or criminal activity.

10. Platform Disruptions and Modifications

Access to the Platform may be interrupted due to:

• Maintenance
• Security issues
• Regulatory requirements
• Other unforeseen reasons

RareCanvas reserves the right to suspend, modify, or discontinue the Platform or any of its features at any time without liability.

11. Rewards Program

RareCanvas may offer reward systems, digital points, or seasonal perks to incentivize participation. Such rewards:

• Have no cash or cryptocurrency value
• May expire
• Are not guaranteed

RareCanvas may modify or terminate such programs at any time.

12. API Terms

RareCanvas may provide Application Programming Interfaces (APIs) for developers. Use of our APIs must comply with these Terms and any additional guidelines.

You may not misuse RareCanvas's APIs for:

• Unauthorized commercial purposes
• Data scraping
• Activities that impair the Platform

13. Dispute Resolution & Arbitration Agreement

Most disputes between you and RareCanvas must be resolved through binding arbitration on an individual basis and not through a jury trial or class action.

Informal Resolution. Before arbitration, you agree to attempt to resolve disputes informally by contacting RareCanvas Support.

Arbitration Rules. Arbitration will be conducted under the rules of a recognized arbitration institution (for example, JAMS or AAA).

Exceptions. Small claims court matters and intellectual property disputes may proceed in court.

Waiver. By accepting these Terms, you waive your right to participate in a class action lawsuit.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the jurisdiction in which RareCanvas is established. Any disputes not subject to arbitration shall be brought before the courts of that jurisdiction.

15. Disclaimers

The Platform is provided "AS IS" and "AS AVAILABLE." RareCanvas disclaims all warranties, whether express or implied, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement

We do not guarantee uninterrupted access, security, or error-free operation.

16. Limitation of Liability

To the maximum extent permitted by law, RareCanvas shall not be liable for indirect, incidental, or consequential damages, including loss of profits, loss of data, or loss of goodwill.

RareCanvas's total liability shall not exceed the greater of USD $5,000, or the fees paid by you in the transaction giving rise to the claim.

17. Indemnification

You agree to defend, indemnify, and hold harmless RareCanvas, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses arising from your use of the Platform, your breach of these Terms, or your violation of any third-party rights.

18. Updates to These Terms

RareCanvas may update these Terms at any time by posting revised Terms on the Platform. Your continued use of the Platform constitutes acceptance of the updated Terms.

19. Miscellaneous

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Assignment. You may not assign these Terms. RareCanvas may assign these Terms without restriction.

Entire Agreement. These Terms constitute the entire agreement between you and RareCanvas concerning the Platform.

Waiver. Failure to enforce any provision of these Terms shall not constitute a waiver of any rights.

20. Contact Information

For questions, disputes, or concerns, please contact us:

📧 Email: support@rarecanvas.io