Last Updated: October 5th, 2022
Hubble.Tools may not make the Services available in all markets and jurisdictions, and may restrict or prohibit use of the Services from certain jurisdictions (“Restricted Locations”). If you are using the Services on behalf of a legal entity, you represent and warrant that (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf. You further represent and warrant that you: (i) are of legal age to form a binding contract (e.g., in the United States, the age of majority in the state in which you reside); (ii) have not previously been suspended or removed from using our Services; (iii) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (iv) are not located in, under the control of, or a national or resident of (A) any Restricted Locations, or (B) any country to which the United States has embargoed goods or services; (v) are not identified as a “Specially Designated National;” (vi) are not placed on the Commerce Department’s Denied Persons List; (vii) will not use our Services if any applicable laws in your country or other jurisdiction prohibit you from doing so in accordance with these Terms; and (viii) meet all eligibility requirements for the Services at the time of using any Services. Hubble.Tools may condition your access or continued access to certain Services (or features of those Services), such as by imposing eligibility requirements. Hubble.Tools may require, on an ongoing basis, that you demonstrate to us that you continue to meet these requirements. Hubble.Tools’ decisions with respect to eligibility are final.
When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
In using our Services, you may view NFTs or other content provided by third parties, including links to web pages of third parties, including but not limited to NFT marketplaces (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including, without limitation, material that may be infringing, illegal, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties (including, without limitation, NFT purchases and sales) are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your viewing and use of Third-Party Content, and your interactions with third parties, is at your own risk.
5.1) Requests to Remove Copyright Infringing Content
Hubble.Tools respects the valid intellectual property rights of others. Each user must ensure that the materials they provide do not infringe any third-party rights, including, without limitation, copyrights. We will respond to allegations of U.S. copyright infringement with respect to content or other materials on the Services when we receive valid requests to remove content submitted to us in the form described below. If you are a copyright owner, or an agent of a copyright owner, and you believe that any content or other materials on the Services infringe your copyright, you may submit a notification to us by providing the following information in writing at the email identified below:
You should address your copyright concerns, including all of the information detailed above, with the subject line: “DMCA Notice: [name of allegedly infringing NFT/collection]”, as follows:
If you believe that the User-Submitted Materials on the Services that you provided have been improperly removed pursuant to a removal request because they are not infringing, such as because you have authorization from the actual copyright owner or the owner’s agent and/or because you have the right to license us to store and display the User-Submitted Materials you provide under applicable law, you may send a written counter-notice to the contact details described above with the subject line “DMCA Counter-Notice: [name of allegedly infringing NFT/collection]”, and the following information:
If we receive a counter-notice containing the above information, we may send a copy of such counter-notice to the original complaining party and we may inform such party that we may replace the removed or disabled content in ten (10) business days. Unless we receive further notice from the original complaining party that it has filed an action seeking a court order to restrain the allegedly infringing activity, we may replace or re-enable access to the allegedly infringing content or materials ten (10) to fourteen (14) business days after the date on which we received the valid counter-notice.
5.3) Repeat Infringer Policy
Hubble.Tools reserves the right to terminate a user account (if applicable) and/or a user’s ability to submit additional listings to Hubble.Tools if such user (or the entity they represent) is a repeat infringer or is repeatedly charged with infringement due to requests delivered in accordance with Section 5.1.
5.4) Other Content Concerns
If you believe that any content or other material on the Services infringes or violates your rights, other than copyrights (which, for the avoidance of doubt, are addressed in Sections 5.1 and 5.2), you may send us a notification to the contact below. Your sending of such a notification shall not create any obligation (e.g., to review, respond or take any action) with respect to the subject matter of the notification, except if and to the limited extent required by applicable law. Email: email@example.com
Any such notification should include the following information in writing:
“Hubble.Tools,” the Hubble.Tools logo and any other Hubble.Tools product or service names, logos or slogans that may appear on our Services are trademarks of Hubble.Tools, in the United States and in other jurisdictions, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not and shall not use any trademark, product or service name of Hubble.Tools without our prior written permission, including, without limitation, any metatags or other “hidden text” utilizing any trademark, product or service name of Hubble.Tools. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Hubble.Tools and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
We will own all right, title and interest, including, without limitation, all intellectual property rights, in and to any feedback, suggestions, ideas or other information or materials regarding Hubble.Tools or our Services that you provide, whether by email, posting through our Services or otherwise (“Feedback”), and you hereby irrevocably assign all such right, title and interest to us. Any Feedback you submit is non-confidential. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including, without limitation, any moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy.
In the event of any Force Majeure Event (as defined in Section 15.5), any breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for Hubble.Tools, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. In addition, we may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Hubble.Tools account (if applicable) and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms.
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion or all of our Services.
NOTHING ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE RARITY SCORES AND RANKINGS, SHALL CONSTITUTE OR BE CONSTRUED AS FINANCIAL OR INVESTMENT ADVICE, INVESTMENT OR PURCHASE RECOMMENDATIONS, OR AN OFFER OR SOLICITATION TO BUY OR SELL. THE RARITY SCORES AND RANKINGS ARE NOT INTENDED TO BE RELIED ON AND WE SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH ANY NFT PURCHASES MADE BY YOU.
YOUR USAGE OF THE SERVICES AND THE HUBBLE.TOOLS MATERIALS IS AT YOUR OWN RISK. OUR SERVICES AND THE HUBBLE.TOOLS MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING, WITHOUT LIMITATION, THE HUBBLE.TOOLS MATERIALS CONTAINED THEREIN, AND WARRANTIES ABOUT THE ACCURACY, CORRECTNESS, QUALITY OR RELIABILITY OF THE HUBBLE.TOOLS MATERIALS ON THE SERVICE (INCLUDING, WITHOUT LIMITATION, RARITY SCORES AND RANKINGS).
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
EXCEPT TO THE LIMITED EXTENT OTHERWISE REQUIRED BY LAW (IF APPLICABLE), IN NO EVENT SHALL HUBBLE.TOOLS OR OWNERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR TO THE SUBJECT MATTER OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM HUBBLE.TOOLS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HUBBLE.TOOLS’ RECORDS, PROGRAMS OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HUBBLE.TOOLS AND OUR OWNERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS AND AFFILIATES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES OR TO THE SUBJECT MATTER OF THESE TERMS EXCEED THE FEES PAID BY YOU TO HUBBLE.TOOLS IN CONNECTION WITH THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
You agree to defend, indemnify and hold harmless Hubble.Tools and our affiliates (and each of our and their respective owners, officers, directors, members, employees, agents and affiliates) from against any claim, demand, action, damage, loss, cost or expense, including, without limitation, reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your misrepresentation or violation of these Terms; (d) your violation of any rights of any other person or entity; (e) any User-Submitted Materials you submit or make available to us (e.g., through the Listing Submission Form or the Upcoming Sales Form); or (f) any NFT associated with the User-Submitted Materials you provide. If you are obligated to defend us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it. You shall not settle any claim or admit any fault or liability without our prior written consent in each instance.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Hubble.Tools agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Hubble.Tools agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Hubble.Tools shall be sent to firstname.lastname@example.org. You and Hubble.Tools further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in San Francisco, California; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in San Francisco, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Hubble.Tools will not commence against the other a class action, class arbitration or representative action or proceeding.