Update on February 23, 2023
By agreeing to these Terms, you hereby certify that you are at least 18 years of age. If you do not agree to these Terms, you must not access or use the Site or any other Services.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU AGREE (WITH LIMITED EXCLUSIONS) TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE SUPERLATIVE SECRET SOCIETY THROUGH BINDING INDIVIDUAL ARBITRATION, NOT IN COURT. PLEASE CAREFULLY REVIEW THE “DISPUTE SETTLEMENT” SECTION BELOW FOR DETAILS REGARDING THE ARBITRATION. HOWEVER, IF YOU ARE A RESIDENT OF A JURISDICTION WHERE LAW PROHIBITS THE ARBITRATION OF DISPUTES, THE AGREEMENT FOR ARBITRATION BELOW WILL NOT APPLY TO YOU, BUT THE TERMS (GOVERNING LAW) WILL APPLY.
At our sole discretion, we reserve the right to change or modify portions of these Terms at any time. Our website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, and graphics (including official social media accounts “Superlative Secret Society”, “SSStudio”, Superlative Gallery) on the website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights. We reserve all rights in and to the website, the Content, and the Marks.
From time to time, we may offer sales of non-fungible tokens (“NFT”), other digital assets (“Digital Assets”), and/or physical products (collectively, “Physical Products”) through our website. In order to participate in the purchase or other receipt of such Digital Assets and Physical Products, you agree that you will comply with the specific terms and conditions, if any, relating to the related Digital Assets and Physical Products in addition to these Terms. Any payment you make for Digital Assets and Physical Products processed through a third-party partner (e.g., “OpenSea” and “Shopify”) will be subject to separate terms and conditions, if any, relating to such third-party partner. You acknowledge and agree that we have no control over these payments or transactions and that we have no ability to reverse any payments or transactions that have been made. We are not liable to you or to any third party for any claims or losses that may arise as a result of any payments or transactions you make through the website through the use of any third-party services.
By using the website, you represent and warrant that:
The Content and Brands provided on the Site (“Superlative Secret Society”, “SSStudio”, Superlative Gallery”) is for your personal information and use only. Except as expressly provided in these Terms or under the applicable license on our website, no part of the website and Content or Brands may not be copied, reproduced, collected, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose, without our prior written permission. Provided you qualify, you are granted a limited license to access and use the website for personal, non-commercial use. We own all rights to the website, Content, and Marks.
You acknowledge and assume the following risks (which will not be the responsibility of the Company):
In addition to assuming all of the above risks, you acknowledge that we cannot and do not represent or warrant that any blockchain asset, or its supportive system or technology, is reliable, current, or error-free, meet your requirements or defects in any blockchain asset. Any, or its supporting systems or technology, will be repaired. We cannot and do not represent or warrant that any blockchain asset or delivery mechanism is free of viruses or other harmful components. You understand that transactions in blockchain assets are irreversible, and losses due to fraud or accidental transactions may be irrecoverable. You acknowledge that we will not be responsible for any communication failures, interruptions, errors, distortions, or delays that you may experience with any blockchain assets. If the metadata associated with an NFT is no longer maintained at the storage location indicated in the URI contained in the NFT, the market value of that NFT may be reduced or eliminated altogether.
FOR CLARITY, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, CONSEQUENTIAL, EXAMPLE, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF REPUTATION, LOSS OF REPUTATION, COST OF REMEDY, OR Intangible Losses IN ANY KIND ARISING OUT OF YOUR USE OF THIS WEBSITE, YOUR INABILITY TO USE THE WEBSITE, OR THE PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nevertheless, in the event that the Company is declared liable in respect of loss, damage, or cause of action (whether contractual, extra-contractual or otherwise) arising from or in connection with:
To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold harmless the Company and its affiliates and Representatives (collectively, the "Indemnitees"), from and against all actual or alleged third-party claims, damages, awards, judgments, losses, obligations, liabilities, fines, interest, fees, expenses (including, but not limited to, attorneys' fees and expenses) and costs (including, but not limited to, court fees, settlement costs and costs of pursuing compensation damages and insurance), of all kinds and whatever nature, whether known or unknown, estimated or not estimated, mature or immature, or suspected or not suspected, in law or justice, whether in tort, contract or otherwise ( together, “Claims”), including, but not limited to, property damage or personal injury, caused by, arising from or related to
You further agree that Indemnitees has the right to control the defense or settlement of any third-party Claim.
Each Superlative Genesis (NFT) owner has the right to: