The Space Terms of Use - Community Code of Conduct

1. Acceptance

These Terms of Use constitute a mutual agreement between the User (“you”) and SpaceDAO (“we” or “our team”), which governs your access to and make transactions of digital assets on The Space App (“the Platform”).

We are dedicated to providing a diverse and inclusive environment for all. We play a passive role by maintaining the service quality and technical reliability. We do not monitor, modify or interfere with any of the creative processes on our site. The views, thoughts, and opinions expressed from the creative process and transactions belong solely to the user.

You agree and understand that by accessing or using the Platform, you have consented to this Community Code of Conduct (“the Code”). You understand that, in the case you violate the terms in the Code, The Space has sole and absolute discretion to allow or disallow your access to the Platform.

2. Eligibility

Upon access to the Platform, you are deemed to have the full right, power, and authority to comply to the Code; and

You are not subject to any financial sanctions, embargoes or other restrictive measures imposed by any governmental authority in any jurisdiction in which the Platform is available;

You will not use the Platform if any Applicable Laws in your country prohibit you from doing so in accordance with the Code and you are compliant with all Applicable Laws to which you are subject;

We reserve the right to improve, modify, update, amend, remove, or discontinue any part of the Platform at any time with or without prior notice to you.

3. Community Rules

We hereby grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for creating NFT pixel art collectively with other users. Our grant of such license is subject to the following conditions. You undertake not to and shall not, knowingly or otherwise, authorize, allow or assist any other party to:

1. Use the Platform to conduct unsolicited or unauthorized advertising, promotional or marketing material, and junk or chain messages on behalf of third-party sponsors;
2. Use the Platform to perform unlawful activities that violate any Applicable Laws regulating money laundering, terroristic contents or terrorism financing, child pornography, sex trafficking, prostitution or hate speech, or crime against humanity;;
3. Use the Platform to engage in any activity which operates to defraud the Platform, other users, or any other person or to provide any false, inaccurate, or misleading information;
4. Attack the Platform with viruses, malicious codes, Trojan horses, or any other harmful or deleterious program;
5. Modify or adapt the whole or any part of the Platform or incorporate the content or source code of the Platform into any other profit-making program or application;
6. Disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code, object code, underlying concepts, ideas and algorithms of the Platform or any components without notifying our team;
7. Use the Platform in any manner that would lead to infringement of our or any third party’s intellectual property rights, including without limitation any copyright, patent or trademark. You undertake not to take or attempt to take any action or claim ownership of any property that infringes or would infringe upon our intellectual property interests;
8. Use the Platform in a way that could damage, disable, impair or compromise the Platform or the Code or interfere with other users or affect the reputation of the Platform or our team;
9. To take any action to gain or attempt to gain unauthorized access to the wallets of other users;
10. Take any action that imposes an unreasonable or disproportionately large burden or load on the Platform’s infrastructure;
11. Use the Platform to engage in any lottery, bidding fee auctions, contests, sweepstakes, or other games of chance.

4. User Content

Without limiting the foregoing, User Contents must not:

1. Contain any material which is defamatory, obscene, indecent, pornographic, violent, hateful, discriminating, threatening or tortuous inflammatory;
2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
3. Infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person; or include any plagiarized contents;
4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Termsthe Code;
5. Be inaccurate or misleading to any person;
6. Promote any illegal activity, or advocate, promote or assist any unlawful act;
7. Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
8. Involve commercial activities or sales or send any unsolicited advertising or incorporate promotional messagesmaterials or collect the personal information email addresses or other contact information of other users from the Platform for the purpose of sending delivering commercial messages;

“As Available”

Except as expressly provided to the contrary in writing by our team, the Platform, User Content contained therein, is provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied. We make no warranty that the Platform will meet your requirements; be available on an uninterrupted, timely, secure, or error-free basis; or be accurate, reliable, complete, legal, or safe.

Public Art

Any information you post on the Platform will be considered non-private. By providing any User Content on the Platform, you grant us and our affiliates and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, retransmit, publish, broadcast, and otherwise disclose to third parties any such material for any purpose.

Apart from the User Content, all other copyrights, trademarks, product names, and logos presented on the Platform in a realistic form relating to the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable intellectual property right owner.

Potential Infringement

We respect the rules of International Conventions on Intellectual Properties, including copyright and trademarks owned by individuals or legal entities. However, we do not serve as a mediation body for IP rights ownership and are not able to provide assessments on potential IP rights infringement. If you believe your IP right(s) has been infringed by one of our users, our suggestion is, firstly, to issue a DMCA notice to the user politely requesting the removal of the alleged infringing content. If this is not possible or the individual is not reachable, get in touch with us at [email protected].

Collaborative Ownership

We do not claim ownership of the digital assets created by our users. The copyright of the resulting pixel art belongs to its authors respectively or collectively. The Platform is responsible for minting the community canvas into digital assets on behalf of the users periodically. And the SpaceDAO serves as the governing body to collect, manage and distribute the community fund resulting from the contributions from the transactions among users. Read more about The Space Wiki here.

5. Privacy

By using the Platform, you understand that we collect, use, disclose and share amongst ourselves your Personal Data and disclose such Personal Data to our authorized technical staff and relevant third parties for operational purposes. We will only share your Personal Data in order to facilitate and administer your use of the Platform or otherwise if required by law.

We reserve the right at any time to satisfy our internal requirement as to your Personal Data (for example, by requesting relevant original documents), including for the purposes of preventing fraud and/or anti-money laundering and counter-terrorist financing purposes.

Individuals under the age of 18 years may only use our services only with the consent of or under the supervision of their parent or legal guardian.

6. Suspension/ Termination

We reserve the right, without notice and in our sole discretion, to terminate or suspend your access to or use of the Platform for any reason but in particular, if we suspect in our sole discretion that:

Your wallet is being used for illegal activity;

you have concealed or provided false information;

you have engaged in fraudulent activity; and/or

you have engaged in activity in violation of the Code.

7. Understanding the Risks of Transactions

You understand and agree that you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for yourself. The Platform and SpaceDAO do not give any advice or recommendations regarding the creative works or transactions. You understand and agree that you access and use the Platform at your own risk.

You bear full responsibility for verifying the identity, legitimacy, and authenticity of tokens you carry or purchase to and from the Platform.

You understand and agree that your access and use of the Platform are subject to certain risks, including but not limited to:

1. The price and liquidity of digital blockchain assets are extremely volatile and may be subject to fluctuations;
2. Fluctuations in the price of other digital assets could materially and adversely affect the $SPACE and NFTs;
3. Legislative and regulatory changes or actions may adversely affect the use, transfer, and value of the NFTs;
4. NFTs are not legal tender and are not back by any government;
5. Transactions involving NFTs may be irreversible, and losses due to fraudulent or accidental transactions may not be recoverable.
6. The value of NFTs may be derived from the continued willingness of market participants to exchange fiat currency or digital assets for NFTs, and therefore the value of NFTs is subject to the potential for a permanent or total loss of value should the market for NFTs disappear.
7. NFTs are subject to the risk of fraud, counterfeiting, cyber-attacks and other technical difficulties which may prevent access to or use of your NFTs.

8. “Community Taxes” are not Taxes

You understand that the term “Harberger Tax” refers to the structure of which we redistribute token values within our community, it does not cover any legal meaning of a taxpayer’s civic responsibility under one’s own national sovereignty.  We cannot offer you any tax or financial advice and tax obligations differ by jurisdiction and by your residency status. Please seek advice from an official tax representative from your local jurisdiction.

You agree that you are solely responsible for determining what, if any, taxes apply to your transactions on the Platform. Neither our Team nor any other party is responsible for determining the taxes that may apply to your transactions.

9. Governing Law and Jurisdiction

Any legal relations arising among our Team, SpaceDAO, and the Users shall be governed by, and construed and enforced in accordance with, the laws of the State of Delaware, without regard to its conflict of laws rules.