These legally binding Terms & Conditions (“Terms”) represent the entire contractual relationship between you (referred to herein as “you”, “your”, “customer” or “user”) and LunarCrush, Nakamoto_1 and its affiliates and subsidiaries (referred to herein as “we”, “us”, “our”, “Nakamoto_1”, “LunarCrush” or “company”). These Terms govern your use of the products and services made available to you directly or indirectly by us, including the website, www.lunarcrush.com/nakamoto1, as well as all state-specific Nakamoto_1 websites, and the LunarCrush mobile app that links to these Terms (“website” and respectively the “mobile app”). You and Nakamoto_1 are referred to herein individually as “party” and collectively as “parties”. The website, mobile app, and the other services described in these Terms or otherwise provided to you through the website and/or the mobile app are collectively denoted as the “Services.” These Terms govern any access or use of the website at https://lunarcrush.com, https://lunarcrush.com/nakamoto1 , and any other website, mobile application, marketplace or application program interface operated or made available by LunarCrush and Nakamoto_1 (the “Platform”) as well as any services provided on or through the Platform (“Services”). By using our Services, you agree to these Terms. If you do not agree to these Terms, do not use our Services. We may make changes to these Terms from time to time. The amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services. PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE SERVICES. BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT USE THE SERVICES. IN PARTICULAR, WE WANT TO HIGHLIGHT SOME IMPORTANT TERMS, POLICIES, AND PROCEDURES IN THESE TERMS. BY ACCEPTING THESE TERMS: You are also agreeing to other LunarCrush and Nakamoto_1 rules and policies, as well as the LunarCrush terms & privacy that are expressly incorporated into and a part of these Terms. Please read them carefully. Our Privacy Policy explains what information we collect from you and how we protect it. Our IP Rights Policy, section 11, explains what you can do with Nakamoto_1 Intellectual Property in the content you create. You and Nakamoto_1 agree to resolve disputes between us in individual arbitration (not in court). We believe the alternative dispute-resolution process of arbitration will resolve any dispute fairly and more quickly and efficiently than formal court litigation. We explain the process in detail below, but we’ve put this up front (and in caps) because it’s important: THESE TERMS CONTAINS A BINDING, INDIVIDUAL ARBITRATION AND CLASS-ACTION WAIVER PROVISION. IF YOU ACCEPT THESE TERMS, YOU AND NAKAMOTO_1 AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION, AND TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS. In addition to these Terms, software or services that are included in or otherwise made available to you through the Services may be subject to separate agreement between you and Nakamoto_1, such as end user license agreements. If these Terms are inconsistent with any such agreements, those agreements will control. If you violate any of these Terms, we reserve the right to deny our Services and block or close your account immediately. We further reserve the right to close your account and void or invalidate any sale orders without notice for any other reason in our sole discretion.

Not all services described in this Agreement are available to all persons or at all locations. Although the Service is accessible worldwide, not all information, content, services, or features discussed, referenced, provided, or offered through or on the Service are available. You agree that we are not liable for any violation of any local, state, federal, international or other laws or regulations that may occur as a result of your use of our Services. The availability of the Services outside of an Authorized Jurisdiction does not constitute an offer, solicitation or invitation by us for you to use our Services. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited. By participating in any of the Services offered in a city, state or country where Services are void you assume all legal and financial responsibility.

Services as used herein includes any services, features and functionality of the Platform related to the purchase or sale of any blockchain-based, cryptographic nonfungible token (“NFT”) which, together with the license rights to any associated digital works of authorship or other content, whether or not copyrighted or copyrightable, and regardless of the format in which any of the foregoing is made available (“Related Content”), comprises and is referred to herein as a “Digital Collectible”. Additionally, certain Services may be made available exclusively to the owner of a particular Digital Collectible. You may be required to demonstrate ownership of the applicable Digital Collectible in order to access these Services. Without limiting any other right to terminate or suspend Services under these Terms, we may terminate your access or use of these Services in the event that you transfer the applicable Digital Collectible to someone else. Any digital works of authorship or other content made available through the Platform to an owner of a Digital Collectible that is intended as an “Additional Benefit” (as that term is defined in the Digital Collectible Section) will be identified as such on the Platform or at the time of download. Any such content will be licensed to you for as long as you own the applicable Digital Collectible pursuant to the terms of any license presented at the time of download or, if no such terms are presented, pursuant to the applicable Digital Collectible Terms as Related Content for that particular Digital Collectible. Any other digital works of authorship and other content made available through the Platform is part of the Services and no license rights are granted to you with respect to any such content. Neither LunarCrush, Nakamoto_1, or any third party has any obligation to provide any Additional Benefit and none of LunarCrush, Nakamoto_1, or any third party will have any responsibility or liability for, arising out of, or relating to any Additional Benefit.

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy available at lunarcrush.com/nakamoto1/privacy.

You need to register for an account to access our Services. When you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You must not permit others to use your account credentials. You are responsible for the activities of any users that occur in connection with your account. Access to your account is limited solely to you. You will not sell, rent, lease, or grant access to your account to any person without our prior written permission. You are solely responsible for maintaining the security of your account and control over any usernames, passwords, or any other codes that you use to access our Services. You will not hold us responsible for managing and maintaining the security of your account. We are not responsible (and you will not hold us responsible) for any unauthorized access to or use of your account. You are responsible for monitoring your account. If you notice any unauthorized or suspicious activity in your account, please notify us immediately.

You will be required to link a supported blockchain-based digital wallet (“Supported Wallet”) provided by supported third-party unhosted wallet providers (“Supported Wallet Provider”) to the Platform before you will be able to purchase with Cryptocurrency. A list of Supported Wallets and Supported Wallet Providers, which we may update at our discretion, is available on our website. Once we deliver any Digital Collectibles that you purchase from us directly to your Supported Wallet you will be responsible for safekeeping the passwords and keys associated with your Supported Wallet. We will not be able to recover purchased Digital Collectibles for you in the event that you lose access to your Supported Wallet account or under any other circumstances. Each Supported Wallet Provider is a third-party company that offers unhosted digital wallet products and services. Your use of each Supported Wallet Provider’s products and services is subject to its applicable terms of service. We will not be liable to you for any loss that results from your use of a Supported Wallet Provider’s products and services, including Supported Wallets. We currently only accept payments in the supported cryptocurrencies listed on our website. You cannot maintain a balance of cryptocurrency with us for purposes of making purchases through our Services. You must link your Web3 Wallet to the Services and use a supported type of cryptocurrency from your Web3 Wallet to complete your purchase. All pricing and payment terms are as set forth on the Platform, and any payment obligations you incur are binding at the time of purchase. All sales are final. Unless otherwise required by applicable law, we will not provide a refund on any purchase. The price for Digital Collectables is shown and is payable by the User. The price includes all applicable taxes, but not the gas fee payable by the User for the transactions on the Stacks network, including the purchase of the Digital Collectable. All Digital Collectable transactions on the Service-Platform are facilitated by smart contracts existing on the Stacks network. The Stacks network requires the payment of a gas fee for every transaction that occurs on the Stacks network, and thus every transaction occurring on the Platform. The prices for the Digital Collectable indicated on the Platform does not include the gas fee. These gas fees are the responsibility of the User, who must ensure that it has sufficient funds in STX on its Digital Wallet. The total amount due and payable (including the gas fee) is shown to the User before it proceeds to the validation of its purchase. You represent and warrant that any purchase of a Digital Collectible by you is solely for your personal collection, use and enjoyment, and not for speculative or investment purposes, for use as a substitute for currency or other medium of exchange, or for resale or redistribution. You acknowledge and understand that by purchasing a Digital Collectible you are not acquiring any equity or other ownership or profit-sharing interest in LunarCrush or Nakamoto_1 or any of its affiliates or any brand or other business venture. You will not portray any Digital Collectible as an opportunity to gain economic benefit or profit, or as an investment, equity, or other ownership or profit-sharing interest in LunarCrush or Nakamoto_1, or any of its affiliates or any brand or other business venture. You will comply with any marketing policies or guidelines published by LunarCrush or Nakamoto_1 for NFTs or Digital Collectibles. LEGISLATIVE OR REGULATORY CHANGES AT THE STATE, FEDERAL OR INTERNATIONAL LEVEL MAY ADVERSELY AFFECT THE USE, TRANSFER, OR EXCHANGE OF THE DIGITAL COLLECTIBLES.

With respect to any Digital Collectible originally sold through the Platform but that you acquired from a third party through a third party platform or service, by agreeing to these Terms, you agree to be bound by the applicable Digital Collectible Terms for the Digital Collectible. In addition, you acknowledge and agree that in the event the third party from whom you purchased the Digital Collectible does not pay any amounts owed to LunarCrush or Nakamoto_1 in connection with the transfer to you, LunarCrush or Nakamoto_1 may, at its option and discretion (and without limiting its right or ability to do so as otherwise provided in these Terms) refuse to provide you with access to the Platform or any Service, unless and until all outstanding amounts have been paid.

LunarCrush, Nakamoto_1, and Developers, as well as their affiliates, licensors and designee(s), may be entitled to receive transfer or other fees or royalties from your purchase or subsequent sales of a Digital Collectible, which defray costs associated with licensing the Related Content, administration of the Digital Collectible ownership and corresponding license rights, and making any optional Additional Benefits (as defined below) available to you or subsequent holders of the Digital Collectible.

We have the right to immediately suspend your account, pause or cancel your access to our Services, or close your account if we suspect, in our sole discretion, that: Your account is being used for money laundering, to evade sanctions or to engage in illegal activity, You have concealed or provided false identification information or other details, You have engaged in fraudulent activity, or You have engaged in transactions in violation of these Terms. TO THE FULLEST EXTENT OF THE LAW, WE RESERVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND USE OF OUR SERVICES IF ANY OF THE FOLLOWING OCCURS (OR WE REASONABLY BELIEVE IT WILL OCCUR): (1) YOU ARE IN MATERIAL BREACH OF THESE TERMS, (2) YOU COMMITTED (OR ATTEMPTED TO COMMIT) A FRAUD AGAINST US OR A THIRD PARTY USING THE SERVICES OR OTHERWISE USE THE SERVICES FOR UNLAWFUL OR IMPROPER PURPOSES, (3) YOU IMPROPERLY DENY ANY DEPOSITS OR CAUSE CHARGEBACKS, (4) WE ARE INSTRUCTED BY A LAW ENFORCEMENT OR REGULATORY AGENCY, COURT OR BY OUR LEGAL COUNSEL TO DO SO, OR (5) IN OUR SOLE DISCRETION. YOU AGREE TO COMPENSATE US, IN FULL, FOR ANY COSTS, LOSSES OR EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) WE INCUR RELATED TO, OR ARISING OUT OF, YOUR BREACH OF THESE TERMS.

The Platform may include links to other websites or other Internet sources. Platform Operator is not responsible for these external sites and sources, including but not limited to: (a) the content, advertising, products, services or other materials available on those external sites or sources; and/or (b) for any loss or damage, direct or indirect, arising directly or indirectly from the use of the content, advertisements, products, services or any other element available on these external sites or sources.

Nakamoto_1, Lunarcrush, and any other marks used by us are the trademarks, service marks and/or trade names of Nakamoto_1 and its parents, subsidiaries, associated companies, and other affiliated entities and their respective owners, officers, directors, members, managers, employees, and agents, unless marks are otherwise licensed to us for use. All material contained on or used by us on the website or in the mobile app, including but not limited to the text, software, scripts, graphics, photos, sounds, music, videos, interactive features images, pictures, animations, audio, text (collectively “Content”) and any intellectual property rights in and to any of the same are owned by or licensed to us and subject to copyright and other intellectual property rights. The copyright material, service marks, trademarks, Content and any other intellectual property of Nakamoto_1 may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without our prior written consent. All rights not expressly granted in and to the Content and the Intellectual Property are reserved by Nakamoto_1 and LunarCrush.

If the User is a consumer falling under the EU Consumer Rights Directive, he/she has a right of withdrawal for a period of 14 days in case of the conclusion of the contract.

You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use. You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not: use or attempt to use another user’s account without authorization from that user and LunarCrush and Nakamoto_1; impersonate or otherwise misrepresent your affiliation with a person or entity; sell, resell or commercially use our Services; copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner; reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access; use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services; develop or use any applications that interact with our Services without our prior written consent; or use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms. Enforcement of this Section is solely at LunarCrush’s and Nakamoto_1’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules.

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about LunarCrush, Nakamoto_1, or our Services (collectively, "Feedback"). We may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in LunarCrush and Nakamoto_1’s sole discretion. You understand that LunarCrush and Nakamoto_1’s may treat Feedback as nonconfidential.

Arbitration of Disputes. Except for small claims disputes in which you or LunarCrush and Nakamoto_1 seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or LunarCrush and Nakamoto_1 seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and LunarCrush and Nakamoto_1 waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against LunarCrush and Nakamoto_1 you agree to first contact LunarCrush and Nakamoto_1 and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to LunarCrush by email at contact@lunarcrush.com or by certified mail addressed to: LunarCrush, Inc 506 Spring Street #13308 Los Angeles, California 90013. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and LunarCrush and Nakamoto_1 cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Orange County in the state of California unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section, a “consumer” means a person using the Services for personal, family or household purposes. You and LunarCrush and Nakamoto_1 agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. You and LunarCrush and Nakamoto_1 agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, LunarCrush and Nakamoto_1 , and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision. You and LunarCrush and Nakamoto_1 agree that for any arbitration you initiate, you will pay the filing fee and you and LunarCrush and Nakamoto_1 will split equally the remaining JAMS fees and costs; provided that if you are a consumer the maximum amount you will be required to pay for the filing fee is $250 and LunarCrush and Nakamoto_1 will pay any remaining amount of the filing fee and the remaining JAMS fees and costs. For any arbitration initiated by LunarCrush, LunarCrush and Nakamoto_1 will pay all JAMS fees and costs. You and LunarCrush and Nakamoto_1 agree that the state or federal courts of the State of California and the United States sitting in Orange County in the state of California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and LunarCrush and Nakamoto_1 will not have the right to assert the claim. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by emailing us at contact@lunarcrush.com. In order to be effective, the opt-out notice must include your full name and address and date of birth and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 21. If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable. EACH PARTY EXPRESSLY WAIVES THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. All proceedings, whether in arbitration or litigation, will be conducted in each party’s individual capacity only. Notwithstanding anything to the contrary, the parties may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect its respective intellectual property rights, including patents, copyrights, moral rights, trademarks, and trade secrets.

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless LunarCrush, Nakamoto_1, and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "LunarCrush Parties") from and against any losses, liabilities, claims, demands, damages, expenses or costs ("Claims") arising out of or related to: Your access to or use of our Services (including, without limitation, Digital Collectibles, Additional Benefits and Related Content); Your Feedback; Your violation of these Terms (including, without limitation, the terms and conditions with respect to any Digital Collectible, Additional Benefit or Related Content) or the Digital Collectible Terms; Your violation, misappropriation or infringement of any intellectual property, privacy, or other rights of another; or Your conduct in connection with our Services. You will cooperate with the LunarCrush and Nakamoto_1 Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). LunarCrush and Nakamoto_1 Parties will have control of the defense or settlement, at LunarCrush and Nakamoto_1’s sole option, of any third-party Claims.

You agree to be bound by these Terms as modified and amended from time to time. We may amend the Terms at any time and for any reason. Any amendments or modifications will take effect immediately. By using the Services after the Terms have been modified, you are acknowledging that you have read and accepted the amended and modified Terms. If you do not accept such amendments or modifications, you should not use our Services. If you do not wish to accept the amended or modified Terms, you may terminate your account but will have no other recourse toward us.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, THE SERVICES AND ANY CONTENT IN THE SERVICES, AND ANY AND ALL RELATED CONTENT, THIRD-PARTY CONTENT, BENEFIT AND DIGITAL COLLECTIBLE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, LUNARCRUSH OR NAKAMOTO_1 DOES NOT REPRESENT OR WARRANT THAT OUR SERVICES, RELATED CONTENT, THIRD-PARTY CONTENT, BENEFITS OR ANY DIGITAL COLLECTIBLES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE LUNARCRUSH AND NAKAMOTO_1 ATTEMPTS TO MAKE YOUR USE OF OUR SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR SERVICES. WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY ACCESS TO OR USE OF ANY RELATED CONTENT, THIRD-PARTY CONTENT, BENEFIT OR DIGITAL COLLECTIBLE INCLUDING BUT NOT LIMITED TO ANY LOSS, DAMAGE OR CLAIM ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SITE OR APPLICABLE BLOCKCHAIN. THE DIGITAL COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED ON THE BLOCKCHAIN NETWORK. ANY TRANSFER OF CONTROL THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE APPLICABLE BLOCKCHAIN NETWORK. The Digital Collectibles are currently available only on the Stacks Blockchain. You will not be able to transfer your Digital Collectibles to any digital wallet that is not compatible with the Stacks Blockchain. In the event that you inadvertently transfer a Digital Collectible to a digital wallet that is not compatible with the Stacks Blockchain, your Digital Collectible may be lost or destroyed. The Digital Collectibles are transferable blockchain-based non-fungible tokens that evidence a limited license to Related Content, and, in some cases, a limited license to Third-Party Content and/or to access Additional Benefits, that is exclusive to the owner and thereby collectible as a form of alienable digital property. Like physical collectibles, the price of non-fungible tokens may be subject to fluctuation based upon broader industry trends and sentiment. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of non-fungible tokens. Unlike cryptocurrencies and other fungible digital assets, non-fungible tokens are not used to make payments. Non-fungible tokens are not mutually interchangeable and cannot be divided into smaller parts. These design features limit the usefulness of non-fungible tokens as a form of payment or substitute for currency. Instead, non-fungible tokens are enjoyed as digital collectibles. There is no guaranteed future value for Digital Collectibles. Any future value of a Digital Collectible is based solely on consumer interest and demand for that Digital Collectible and not something that LunarCrush or Nakamoto_1 or any Third Party Developer or other third party can control or will attempt to control or influence. We are not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), the applicable blockchain or other third party service or infrastructure, including Supported Wallets and Supported Wallet Providers, or any other features of Digital Collectibles. We are not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the applicable blockchain supporting Digital Collectibles including forks, technical node issues or any other issues having fund losses as a result. In some cases, LunarCrush and Nakamoto_1 integrates directly with third parties, including but not limited to, online merchant platforms, mailing list platforms, and social media platforms (“Third Party APIs”). LunarCrush and Nakamoto_1 has no control over the uptime and functionality made available through Third Party APIs and as such certain aspects of the Platform could incur an outage outside of LunarCrush and Nakamoto_1’s control, and certain aspects of the Platform’s functionality could be impacted by changes of features made available through Third Party APIs. The LunarCrush and Nakamoto_1 platform is subject to flaws and acknowledges that you are solely responsible for evaluating any code provided by the Platform. LunarCrush and Nakamoto_1 may experience cyber-attacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions to or delays on the Platform. You accept the risk of the Platform failure resulting from unanticipated or heightened technical difficulties, including those resulting from sophisticated attacks, and you agree not to hold us accountable for any related losses. LunarCrush and Nakamoto_1 or any of the participating associates, partners, affiliates, subsidiaries, and other affiliated entities and their respective owners, officers, directors, members, managers, employees, and agents are NOT liable for any personal injury, property damage, economic losses, or death. By proceeding you fully understand and acknowledge that there are risks and dangers associated with participation in Nakamoto_1: An Interplanetary Treasure Hunt, events and activities which could result in bodily injury, partial and/or total disability, paralysis and/or death. The social and economic losses and/or damages to you, your family and others, which could result from these risks and dangers described above, are NOT covered in your participation. By proceeding you agree and fully understand that you are participating AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUANRCRUSH AND NAKAMOTO_1 AND THE OTHER LUNARCRUSH AND NAKAMOTO_1 PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF LUNARCRUSH AND NAKAMOTO_1 OR THE OTHER LUNARCRUSH AND NAKAMOTO_1 PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

We are not responsible for delivery of any private key. If any part of the rocket, rover, or private key is destroyed in any way we are not liable. If upon arrival to the Moon and the MAPP Rover is destroyed, unfindable, illegible, missing, tampered with, or non-existent, we are not responsible. Space can be an unpredictable and unforgiving environment and we are unable to foresee all possibilities that would hinder your ability to claim the private key, thus we are not liable.

THE TOTAL LIABILITY OF LUNARCRUSH, NAKAMOTO_1 AND THE OTHER LUNARCRUSH AND NAKAMOTO_1 PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, OR ANY AND ALL RELATED CONTENT, BENEFIT AND DIGITAL COLLECTIBLE, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO USE OUR SERVICES. The limitations set forth in previous sections will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of LunarCrush or the other Nakamoto_1 Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

To the fullest extent permitted by applicable law, you release LunarCrush, Nakamoto_1 and the other LunarCrush and Nakamoto_1 Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to Disputes between users, Acts or omissions of third parties, or Anything else for which you have agreed that LunarCrush and Nakamoto_1 will have no responsibility or liability pursuant to these Terms. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

In order for us to provide our Services, we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

Any dispute arising from these Terms and your use of our Services will be governed by and construed and enforced in accordance with the laws of the State of California without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Orange County in the state of California and you consent to jurisdiction and venue in such courts.

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

Digital Collectible Terms may be entered between you and LunarCrush and Nakamoto_1 (“LunarCrush Collectible Terms”) or between you and the applicable Third Party Developer (“Third Party Collectible Terms”). LunarCrush Collectible Terms, and any other terms that may be provided with or that you may otherwise agree to in connection with any particular Digital Collectible or Service, are incorporated into, and made a part of, these Terms by this reference. LunarCrushand Nakamoto_1 is not a party to any Third Party Collectible Terms and will not have any responsibility or liability for, arising out of, or relating to any Third Party Collectible Terms. Notwithstanding anything else in any Digital Collectible Terms, these Terms supplement the Digital Collectible Terms and these Terms will apply to any exercise of any license in or to any Related Content, any transfer of any Digital Collectible or any other use or disposition of any Digital Collectible; provided that in the event of any conflict or inconsistency between these Terms and any Digital Collectible Terms, the Digital Collectible Terms will govern. For avoidance of doubt, and notwithstanding anything else in these Terms or any Digital Collectible Terms, if you breach any obligation that you may have to make payments to LunarCrush and Nakamoto_1 pursuant to any Digital Collectible Terms or these Terms, such breach shall constitute a breach of any and all of these Terms and any applicable Digital Collectible Terms.

The failure of LunarCrush or Nakamoto_1 to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. 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 agree that communications and transactions between us may be conducted electronically. These Terms may not be transferred, assigned or delegated by you, by operation of law or otherwise, without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate these Terms or our Services, in whole or in part, without your prior written consent.