These terms have been superseded by the Terms of Service found Here with an effective date of April 5, 2023.
The terms present here were last Updated: January 17, 2023
Welcome to SuperRare! SuperRare is a decentralized application and digital art marketplace operating on the Ethereum blockchain. The SuperRare Platform uses specially-developed smart contracts that enable Artists to sell their digital creations to Collectors on a peer-to-peer digital marketplace. Collectors may trade, transfer, sell, or proudly display their collected SuperRare Items on the SuperRare Platform.
Please read these Terms of Use (“Terms”, “Terms of Use”, or “Agreement”) very carefully. This Agreement is between you (the “User(s),” “Artist(s),” “Collector(s),” “Owner(s),” and collectively with others using the Site - “Users”) and SuperRare Labs Inc., a company operating the SuperRare platform and organized under the laws of the State of Delaware (“SuperRare Labs Inc.,” “the Company”, “we”, “our” or “us” and together with you, the “Parties”). These Terms govern your use of the website located at SuperRare.co and SuperRare.com (the “Site”), and all related tools, mobile applications, web applications, decentralized applications, smart contracts, and APIs located at any of SuperRare Labs' websites, including without limitation, successor website(s) or application(s) thereto (the “Platform”).
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE OR PLATFORM. BY ACCESSING OR USING THE SITE, SERVICES, OR SMART CONTRACTS YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).  IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING, USING, OR TRANSACTING ON THE SITE OR PLATFORM.  YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE OTHERWISE LEGALLY PERMITTED TO USE THE SERVICES IN YOUR JURISDICTION AND THAT THE COMPANY IS NOT LIABLE FOR YOUR COMPLIANCE WITH SUCH APPLICABLE LAWS.
Certain features of the Site are subject to other guidelines, terms, or rules, which are located on the Site in connection with such features. The SuperRare Community Guidelines, Auction Terms of Service, Copyright Community Guidelines, Space Operator Terms and Guidelines and all such additional terms, guidelines, and rules are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by the User.
Our Privacy Policy found here describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.
To most easily access and use the Platform, you should first install the Google Chrome or Brave web browser. Once you have installed Chrome or Brave, you will need to install a browser extension called MetaMask.  MetaMask is an electronic wallet, which allows you to purchase (either directly via Coinbase if you are in the United States, or via other third-party sites), store, and engage in transactions using the native Ethereum cryptocurrency, ETH. You will not be able to engage in any transactions on the Platform other than through MetaMask (or other Ethereum-compatible browsers). The Platform will only recognize you as a User, and you will only be able to interact with the Platform if your Ethereum electronic wallet is connected and unlocked through your MetaMask account. There is no other way to sign up as a User or to interact directly with the Platform.
Transactions that take place on the Platform are managed and confirmed via the Ethereum blockchain. The User understands that your Ethereum public address will be made publicly visible whenever you engage in a transaction on the Platform. We neither own nor control MetaMask, Coinbase, Google Chrome, the Ethereum network, or any other third-party site, product, or service that you might access, visit, or use for the purpose of enabling you to use the various features of the Platform. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
You acknowledge and agree that we (or, as applicable, our licensors) own all legal rights, title, and interests in and to all elements of the Platform. The graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, a compilation of the content, code, data, and all other elements of the Platform (collectively, the “SuperRare Labs Materials”) are owned by SuperRare Labs, and are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws.  All SuperRare Labs Materials are the copyrighted property of SuperRare Labs or its licensors, and all trademarks, service marks, and trade names contained in the SuperRare Materials are proprietary to SuperRare Labs or its licensors. Except as expressly set forth herein, your use of the Platform does not grant you ownership of or any other rights with respect to any content, code, data, or other materials that you may access on or through the Platform. We reserve all rights in and to the SuperRare Materials not expressly granted to you in the Terms.
You may choose to submit comments, bug reports, ideas, or other feedback about the Platform, including without limitation about how to improve the Platform (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.