Terms of Service

Update on February 23, 2023

TERM OF SERVICE

Please read these Terms of Service (“Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website located at https://superlativesecretsociety.com/ and the content and functions accessible through The Site (collectively, the “Site”) offered by the Superlative Secret Society, Inc. (“Superlative Secret Society”), a Digital and Contemporary Art Company.

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.

DIGITAL ASSETS & PHYSICAL PRODUCTS

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.

WARRANTIES

By using the website, you represent and warrant that:

You have the legal capacity, and you agree to comply with these Terms;
You are not a minor in the jurisdiction in which you reside;
You will not access the website through any automated or non-human means, whether via bots, scripts, or otherwise;
You will not use the Site for illegal or unauthorized purposes and violate applicable laws;
You are not a citizen or resident of any restricted country (Cuba, Iran, Syria, North Korea), and you are not on any other sanctions list;
Not interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, transmitting viruses, overloading, flooding, spamming, or other destructive actions to the Site;
Not attempt to investigate, scan, or test the vulnerabilities of any Superlative secret Society system or network or violate any security or authentication measures;
Do not impersonate or describe your affiliation with any person or entity with the aim of hacking and defaming the good name of other people and/or the Site.

AGREEMENTS AND RESTRICTIONS

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.

PRIVACY

You acknowledge the (“Privacy Policy”) and agree that we may share personal information with third-party service providers who assist us in meeting our operational needs, including but not limited to third-party payment processing services, hosting services, cloud services, and services other information technology. We may also share personal information as required to comply with applicable laws and regulations, including but not limited to OFAC rules and regulations. However, no security measure has failed and we cannot guarantee the security of your personal information. You are advised that there is a security risk inherent in the transmission of data, such as email, address, or other personal information, through the website, as it is impossible to completely protect against unauthorized access by third parties. The company will not be held liable for any damages incurred as a result of such security risks or for any related negligent acts on our part.

ASSUMPTION OF RISK, DISCLAIMER, AND LIMITATION OF LIABILITY

You acknowledge and assume the following risks (which will not be the responsibility of the Company):

There are risks associated with blockchain-based assets including, but not limited to, price volatility and lack of liquidity (ability to resell), the risk of losing your blockchain assets as a result of hardware, software, and Internet connection failure and/or failure. ; risk of introducing malicious software; the risk that third parties may gain unauthorized access to the information stored in the wallet that holds your blockchain assets; and the risk of losing your blockchain assets due to loss of private keys, custodial error, or purchaser error, and we will not be held responsible for any of these, regardless of the cause;
We make no representations, promises, or warranties of any kind, express or implied, about the availability of any blockchain assets on the Internet;
We make no representations, warranties, promises, or warranties of any kind, express or implied, in relation to any third parties you interact with or their applications and/or services, including but not limited to the continued availability of anyone and/or protection and/or storage of any data that you provide to that party;
There are some risks as well:
1. Risk of hacking, security flaws, fraud, counterfeiting, cyber-attacks, and other technological difficulties;
2. The risk of changing regulatory regimes governing blockchain technology, cryptocurrencies, and tokens and new regulations, or unfavorable regulatory interventions in one or more jurisdictions or policies which could materially negatively impact the use and value of any blockchain asset;
3. Risks related to taxation.

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:

These Terms or regarding the features or functionality of the website or its content, or your use or inability to use them, the Company's liability shall not exceed the amount paid for their use or access;
For any products sold through the site, the Company's liability will be strictly limited to the selling price of such products.

INDEMNIFICATION

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

Your use or misuse of the Company's website, Content, or Products;
Your breach of these Terms ms;
Your violation of the rights of third parties, including other website users. You agree to promptly notify the Company of any third-party Claims and cooperate with the applicable Indemnitees in defending such Claims.

You further agree that Indemnitees has the right to control the defense or settlement of any third-party Claim.

GOVERNING LAW AND DISPUTE SETTLEMENT

HOLDERS BENEFITS

Each Superlative Genesis (NFT) owner has the right to:

Once you have connected your Ethereum wallet and created an NFT with our smart contract, you have officially purchased SuperlativeSS tokens. By owning the Superlative Secret Society token, you are free to showcase it, use it as your PFP, modify (derivative art), sell, and even produce merchandise (with a license from us) before starting to market it. Our license contains a maximum profit limit of up to US$70,000. If the profit limit is exceeded, new terms will apply to that license;
Airdrop Art from us has the same commercial rights as the first point above;
The NFT that you have can be for commercial use, where derivative art (which is created from the SSS NFT) can be traded;
There is no copyright in the trademark, no one may use the sss trademark for any commercial use, including domain names and all social media accounts that sss has (superlative secret society, ssstudio, superlative gallery). All rights reserved for SSS;
Trademark logos contained in Digital Art (NFT) and Physical Art (Canvas), may not be blurred or removed;
If HolderSSS wants to propose cooperation in the form of a Visual Key, it can be done by submitting a proposal to the Community DAO, and the Superlative Secret Society will edit it first and give a decision on that proposal;
Any use of Intellectual Property (NFT, Canvas, merch, etc) belonging to the Superlative Secret Society must mention the Superlative Secret Society;
Holdersss must follow and/or subscribe to all Superlative Secret Society social media accounts for commercial and business purposes.