Rune Art Ltd. (“Rune,” “we,” “us,” or “our”) provides its services (described below) and related content and functionality to you (“you” or “User”) through its websites, platform, and Smart Contracts (defined below) for all Rune Digital Collectables on rune.art, respectively (collectively, the “Site”), subject to these Terms of Use (as amended from time to time, the “Terms”). The Privacy Policy and all such additional terms, guidelines, and rules as set forth on the Site are hereby incorporated by reference into these Terms and expressly agreed to and acknowledged by you. These terms govern your access to and use of this Site, as well as all content, functionality, and services offered on or through the Site, including Perks (as defined below) (all of the foregoing, collectively, the “Services”), and Rune NFTs (defined below). By connecting your cryptocurrency wallet (e.g., MetaMask or WalletConnect) to the Services, or otherwise using or accessing the Services, Perks or any Rune NFTs, you acknowledge that you have read and agree to these Terms.
Rune is a collection of digital artworks (NFTs) running on the Ethereum network using smart contracts. This website is only an interface allowing users to mint and participate in the Rune community. Users are entirely responsible for the safety and management of their own private Ethereum wallets and for validating all transactions and contracts generated by this website and other websites before approval. The Ethereum network is immutable; there is no ability to undo, reverse, or restore any transactions.
This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving Rune digital collectibles.
Rune neither owns nor controls MetaMask, WalletConnect, the Ethereum network, your browser, or any other third party site, product, or service (including third party wallets or marketplaces) that you might access, visit, or use for the purpose of enabling you to use the Services or to purchase, list, auction, or sell Rune NFTs. Rune will not be liable for the acts or omissions of any third parties, nor will Rune be liable for any damage that you may suffer as a result of your Transactions or any other interaction with any third parties. You understand that your Ethereum public address will be made publicly visible whenever you engage in a Transaction. Rune has no control over the transfer, storage, ownership or maintenance of the Rune NFTs.
Rune reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Rune will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, including in relation to any Rune NFT.
In order to access and use the Services, including to engage in a Transaction, you must have and connect your digital wallet supported on MetaMask, WalletConnect or other wallet extensions or gateways as allowed on the Services (“Wallet”). Wallets allow you to purchase, store, and engage in transactions using the native Ethereum cryptocurrency, ETH. When you link your Wallet, you understand and agree that you are solely responsible for maintaining the security of your Wallet and your control over any wallet-related authentication credentials, including any seed phrase or private cryptocurrency keys, as well as NFTs or cryptocurrencies that are stored in or are accessible through your Wallet. Any unauthorized access to your Wallet by third parties could result in the loss or theft of Rune NFTs and/or other assets held in your Wallet and any associated wallets, including any linked financial information such as bank account(s) or credit card(s). Rune is not responsible for managing and maintaining the security of your Wallet. Rune has no responsibility or liability to you for any unauthorized access to or use of your Wallet or if you are unable to locate your credentials.
A Collector (as defined below) of a Rune NFT may receive special perks, experiences, or opportunities as determined by Rune in its sole discretion (“Perks”) after the Rune NFTs are first made available for sale (i.e., dropped) by Rune. Rune does not make any representation, warranty or guarantee that any Collector will receive any Perks or achieve any particular outcome as a result of owning any Rune NFT. Rune reserves the right, at its sole discretion, to restrict, limit, or deny any Perks to any Collector, including to limit the period of time when a Perk is available, for failure to comply with these Terms, at any time. Perks are not intended to be an endorsement of any project, creator, NFT, individual or any other thing, and Rune makes no recommendation and provides no investment advice in connection with any Perks or otherwise as a result of holding or owning a Rune NFT.
When each Rune NFT is sold for the first time, the agreement for sale is between Rune and the Initial Purchaser. If the Initial Purchaser decides to sell a Rune NFT (“Secondary Sale”), then Rune is not a party to any agreement between the applicable buyer, seller, or facilitator of the Secondary Sale.
By placing an order on the Site or through the Services (including by bidding in an auction), you agree that you are submitting a binding offer to purchase a Rune NFT, you agree to pay all applicable fees associated with the Transaction, and you authorize Rune to automatically charge and collect such fees from your payment instrument or Wallet. If you are an Initial Purchaser, then all amounts due are to be paid to Rune. If you are not the Initial Purchaser of a Rune NFT, then amounts may be paid to the seller of such Rune NFT.
You acknowledge and agree that Rune is entitled to receive 5% of every Secondary Sale of a Rune NFT (“Royalty”). Rune has the right to collect Royalties for Rune sales in perpetuity. As such, if you sell a Rune NFT, including on a third-party marketplace, you agree to include a statement substantially similar to the following in the description of the NFT: “5.0% Royalty Applies. By purchasing a Rune NFT, you agree to the Terms of Use located at https://rune.art/terms.”
No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.
You are responsible for any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Services, Perks or Rune NFTs (including, without limitation, any taxes that may become payable as the result of your ownership, transfer, purchase, or sale of a Rune NFT).
You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Rune, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part. Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited.
Nothing in these Terms or the Services should be construed as granting or waiving, by implication, estoppel, or otherwise, any license or right to use any of Rune Trademarks or, other than the copyrights to the Art (as set forth below), any other intellectual property of Rune, without Rune's prior written permission in each instance. All rights in such intellectual property are reserved by Rune and/or its affiliates, and all goodwill generated from the use of Rune Trademarks will inure to our exclusive benefit.
You are not permitted to use Rune Trademarks without express, written permission. You agree that you will not use or seek to register any Rune names, brands, Rune Trademarks or confusingly similar variations, or other trademark for any purpose without obtaining our prior written consent. Such approval shall be in Rune’s entire and sole discretion. Nonresponse to a request for such approval shall not be deemed an approval.
You Own the Rune NFT. When you purchase an NFT, you own the underlying token, the Art, completely. Ownership of the NFT is mediated entirely by the Smart Contract and the Ethereum Network: at no point may we seize, freeze, or otherwise modify the ownership of any Rune NFT.
Personal Use. Subject to your continued compliance with these Terms, Rune grants you a worldwide, royalty-free license to use, copy, and display the purchased Art, along with any extensions that you choose to create or use, solely for the following purposes: (i) for your own personal, non-commercial use; (ii) as part of a marketplace that permits the purchase and sale of your Rune NFT, provided that the marketplace cryptographically verifies each Rune NFT owner’s rights to display the Art for their Rune NFT to ensure that only the actual owner can display the Art; or (iii) as part of a third party website or application that permits the inclusion, involvement, or participation of your Rune NFT, provided that the website/application cryptographically verifies each Rune NFT owner’s rights to display the Art for their Rune NFT to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Rune NFT leaves the website/application.
Commercial Use. Subject to your continued compliance with these Terms, Rune grants you an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art (“Commercial Use”). Examples of such Commercial Use would e.g. be the use of the Art to produce and sell merchandise products (T-Shirts etc.) displaying copies of the Art. For the sake of clarity, nothing in this Section will be deemed to restrict you from (i) owning or operating a marketplace that permits the use and sale of Rune NFTs generally, provided that the marketplace cryptographically verifies each Rune NFTs owner’s rights to display the Art for their Rune NFTs to ensure that only the actual owner can display the Art; (ii) owning or operating a third party website or application that permits the inclusion, involvement, or participation of Rune NFTs generally, provided that the third party website or application cryptographically verifies each Rune NFTs owner’s rights to display the Art for their Rune NFTs to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Purchased Rune NFTs leaves the website/application; or (iii) earning revenue from any of the foregoing.
When you visit the Site or use the Services via the Site, we may automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. As you browse the Site, we may use cookies to collect information about the individual web pages or products that you view, and information about how you interact with the Site.
For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. Note that certain portions of our Services may require certain cookies to be enabled; if all cookies are disabled, not all Services may be available to you. Other than the information described, Rune does not collect any Personal Information from users of its Site or Services. To use the Services however the user will need to establish an Ethereum wallet with a third party.
Rune requires that a user have an Ethereum wallet in order to use the Services. When your Ethereum wallet is used to mint or purchase a Rune NFT, your Ethereum account address is provided to Rune by the third-party platform on which the Ethereum wallet is created. We do not receive Personal Information from third parties currently.
Personal Information received by Rune in the future from third party websites or applications will be subject to this policy.
Rune will not rent or sell your Personal Information to third parties without your consent. Personal information received by Rune in the future from third party websites or applications will be subject to this policy.
Please note the following risks in accessing, purchasing, selling or using Moonbirds/Oddities NFTs: The price and liquidity of blockchain assets, including Rune NFTs, are extremely volatile and may be subject to large fluctuations. Fluctuations in the price of other digital assets could materially and adversely affect Rune NFTs, which may also be subject to significant price volatility. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Rune NFTs. Rune NFTs are not legal tender and are not backed by any government. Transactions of Rune NFTs may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some Transactions of Rune NFTs shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you initiated the Transaction. The value of Rune NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for Rune NFTs, which may result in the potential for permanent and total loss of value of a particular Rune NFT.
You agree and understand that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself, and that we do not give advice or recommendations regarding Rune NFTs, including the suitability and appropriateness of, and investment strategies for, Rune NFTs. You agree and understand that you access and use the Services, Rune NFTs, Art, and Perks at your own risk; however, this brief statement does not disclose all of the risks associated with Rune NFTs and other digital assets. You agree and understand that Rune will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using Rune NFTs, however caused.
YOUR USE OF THE SERVICES, RUNE NFTs, ART AND PERKS IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY RUNE, THE SERVICES, PERKS, SERVICES CONTENT, AND ANY AND ALL RUNE NFTs AND ART ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
RUNE AND ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, REPRESENTATIVES, DIRECTORS AND AGENTS (COLLECTIVELY, “REPRESENTATIVES”) MAKE NO WARRANTY THAT (I) THE SERVICES, RUNE NFTS, ART OR PERKS WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES,RUNE NFTS, ART OR PERKS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, RUNE NFTS, ART OR PERKS WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY SERVICES, RUNE NFTS, ART OR PERKS, OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES, RUNE NFTS OR PERKS WILL MEET YOUR EXPECTATIONS.
RUNE AND ITS AFFILIATES AND ITS AND THEIR REPRESENTATIVES WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICES, RUNE NFTs, ART OR PERKS. RUNE DOES NOT REPRESENT OR WARRANT THAT SERVICES CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
RUNE NFTs ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ETHEREUM NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN THE ETHEREUM PLATFORM. WE DO NOT GUARANTEE THAT RUNE CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY RUNE NFT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RUNE OR ITS AFFILIATES OR ITS OR THEIR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, THE SERVICES, SERVICES CONTENT, RUNE NFTs, ART, PERKS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, THE SERVICES, SERVICES CONTENT, RUNE NFT, ART, PERKS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF RUNE OR ITS AFFILIATES OR ITS OR THEIR REPRESENTATIVES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SITE, THE SERVICES, SERVICES CONTENT, RUNE NFT, ART OR PERKS EXCEED $100.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, RUNE NFTs, ART OR PERKS OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Rune and its affiliates and its and their Representatives (collectively, the “Indemnitees”), from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Site, the Services, Services Content, Rune NFTs, Art or Perks, (b) your violation of these Terms, or (c) your violation of the rights of a third party, including another User. You agree to promptly notify Rune of any third party Claims and cooperate with the applicable Indemnitee in defending such Claims. You further agree that the Indemnitees shall have the right to control of the defense or settlement of any third party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.
You agree that Rune, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services or Perks and remove and discard any content within the Services, including the ability remove you from the Rune NFT allow list, for any reason, including, without limitation, for lack of use or if Rune believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services or Perks may be referred to appropriate law enforcement authorities. Rune may also in its sole discretion and at any time discontinue providing the Services or Perks, or any part thereof, with or without notice. You agree that any termination of your access to the Services or Perks under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Rune may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services or Perks. Further, you agree that Rune will not be liable to you or any third party for any termination of your access to the Services or Perks.
These Terms will be governed by the laws of the Province of Alberta in Canada without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Rune submit to the personal and exclusive jurisdiction of the provincial courts of Alberta, Canada.
These Terms will be governed by the laws of the Province of Alberta in Canada without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Rune submit to the personal and exclusive jurisdiction of the provincial courts of Alberta, Canada.
These Terms constitute the entire agreement between you and Rune and govern your use of the Services, Rune NFTs, Art and Perks, superseding any prior agreements between you and rune with respect thereto. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. The failure of Rune to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, any Rune NFT, Art, any Perks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Rune may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services.
