Welcome to Space Blue (“We”), an experienced web 3.0 content enterprise focused on building communities around art and space. Space Blue through its authorized partnership with space tech company Galactic Legacy Labs, LLC,  is hosting an artist submission for the Lunar Museum Project (“Lunaprise”) as well as “Lunaprise  Metaverse Museum” (“working title”)  which will place a digital and analog  Art Museum on digital files and etched files to be placed on the moon and a twin copy placed into virtual earth based metaverses and virtual experience for exhibition.

By submitting your artwork (“art”,  “artwork”- which may include digital files, mp3 music files, brand logos and artwork, mp4 video files, and other digital artwork)  you the artist (“artist”, “you”, “your”, “property manager”)  agree that Space Blue and its partners/assigns and affiliates are running an open submission process and no guarantees are being made of the approval or rights to incorporate your artwork into the project and no approval is being granted that any of your artwork or any number of pieces of artwork will be included in the mission, unless otherwise verified by a valid executed written agreement or addendum to this agreement is executed between you the artist and Space Blue defining such terms of art pieces. “The project” means both the Lunaprise mission and the incorporation of art into the “Metaverse” exhibitions being planned to be developed with Space Blue and its partners. The term artist for purposes of this agreement, shall also apply to any brand or company, broker or representative of the artist, or organization ( including non-profit organizations) that apply to participate in the Lunaprise missions.

Submission Deadline: The deadline for an artist to submit their artwork and application for the first Lunaprise “01” mission has ended effective December 14th, 2022. The second deadline for Lunaprise Mission “02” ends on March 31st, 2024. This deadline may be extended or modified by Space Blue at its sole discretion. Late submissions that are accepted may require the artist to pay for material delivery and installation into the Lunaprise mission.

Acceptance: We will accept at our sole discretion artist participation in the Lunarpise project. If you are selected we will notify you in writing. 

If the artist's work is selected, you the artist, grant Space Blue, and assigns, the right to use the artwork, your name, likeness, and image for publicity purposes and if selected in press and promotion in all worldwide media and for use in engraving and placement into the Lunaprise as well as a derivative metaverse and/or NFT version represented in perpetuity and in all worldwide media forever. 

Lunaprise Mission: There is no guarantee that the Lunapise mission will be successful and the artist agrees that there are no promises or covenants made to guarantee the success of a risky space mission operated by third-party space contractors.

IF YOUR ARTWORK IS ACCEPTED AS AN EXHIBITION ONLY WITH NO COLLABORATION:

Should you be accepted as an approved exhibited artist, there is no requirement to participate in any NFT or other physical collaborations, revenue sharing, or donations of any kind including to the participating foundation. You, the artist, grant permission for your artwork to be incorporated into the “World’s Largest NFT '', exhibited in Metaverse exhibitions, and sent with the Lunaprise mission. 

Public Notice Prohibited: The artists are not allowed to promote on social media, or in the press or publish any notification, nor give any false or misleading representation to any third party, that they have been accepted for the Lunaprise project until they receive written confirmation of such approval status and have received written guidelines explaining any marketing, public relations, and social media posting guidelines. 

What is The Lunaprise Mission?: 

The Lunar Library Landing

The  Lunaprise will be launched to the moon with  private space contractors, under the NASA Artemis mission.

The Lunaprise earns its indestructible label through its use of nickel, which has no half-life, will not oxidize, and is able to withstand extreme temperatures, electromagnetic radiation, exposure to the elements, and an array of chemicals and microbes.

IF YOUR ARTWORK IS ACCEPTED AS A “COLLABORATION”:

[Collaboration means you are interested in earning revenues from positioning your art as an NFT (non-Fungible token) offering that you submit.] This is optional and not mandatory.

You, the artist, grant permission for your artwork to be incorporated into the “World’s Largest NFT '', exhibited in Metaverse exhibitions, and sent with the Lunaprise mission. Should your artwork be accepted as a collaboration  you agree as follows to section A. Below:

1) Revenue Sharing

If you are an NFT or physical artist, and you have accepted in writing that you agree to pay us a royalty for the “space utility” benefits to enhance your physical art collection a royalty of 25% (twenty-five) of the net sales of any NFTS which are sold worldwide based on the actual images and collection that are submitted. Net sales are after the costs of minting and platform costs. If you elect to have us mint your NFT on our site or one of our partners please contact us at support@nftblue.com Such collaboration will be as per a further written agreement between the parties. Should we or our partners provide optional marketing support for your artwork, the revenue sharing would be 50 percent.

Copyrights: The artist will own their copyrights to the original artwork they submit (but not any derivative works that may be created including any physical representations of the Lunaprise engraved plates,  and its related art assets including physical copies made of the entire Lunaprise and NFTS of the Lunaprise art impressions).

Artist and Artwork Certification: Space Blue has the sole authority regarding the issuance, methods, and systems of both “Artist Certifications” (official documentation which certifies including using blockchain methods and actual printable certificates, that an artist is an official artist in the Lunaprise Mission) and “Art Artifact Certifications” ( which separately certify that the artwork is installed on the mission). It is anticipated that prior to the Lunaprise Launch, the artists will receive information from Space Blue, published online at www.spaceblue.club, regarding an enrollment process under Artist Certification, and that upon the successful landing of the Lunarpise on the moon, Art Artifact Certification Process can commence by Space Blue. Nominal fees for such issuance of certificates by Space Blue are expected ( $35 min. for artist certification) and min $1.00 to $10.00 per individual art piece certified. These costs are estimates only and the final prices are subject to change and affected by market conditions including gas and minting fees for such blockchain certifications. Artists/and any third parties are not allowed to issue any fake certifications either printed, physically, or on the blockchain indicating that their artwork is on the mission and only a Space Blue Certificate will be considered by the public as a trusted source for authentication of the artist’s participation and artwork installed into the Lunaprise Space Blue reserves the right to refuse to issue any certifications for artists that have no paid to have their art installed into the mission, or are not part of an official artists program sponsored by Space Blue and its partner and/or who are not participating in revenue sharing collaborations with Space Blue. In the event that either you or we determine that your certifications were incorrect, such issued certifications are voided and will be published in our customer search tools as “voided” and a new certificate application will be required to be commenced and completed by the artist online at www.spaceblue.club. If you are terminated or voluntarily resign from our project, your certifications will become void and will be updated in our database search tools and listed as “void”.

RFID chipping of physical artifacts on earth, that have twins engraved/digitized copies on the Lunaprise mission.

Every physical piece desiring certification that it has a digital/analog twin in the Lunaprise mission will be required to have the artist or collector apply for certification and upon certification will also receive the specified number of editions of RFID chips to tag each art piece. This will provide high levels of proof and certification of the Lunpairse artifacts. Any physical artifact that is not tagged with RFID but the artist had applied for certification will generate an “invalid Lunaprise artifact-RFID Tag Missing” response on search queries done by the public RFID tags will be available for ordering online ( for a nominal fee) at verify.spaceblue.club upon the landing of each Lunaprise mission on the moon.

What is RFID chipping?

Radio Frequency Identification (RFID) refers to a wireless system comprised of a: tiny tag(s) placed on artifacts or the reverse of physical paintings, clothing, apparel, sculptures, vehicles, and collectibles and are linked to a reader through the smartphone. The reader is a device that has one or more tiny tag-embedded antennas that emit radio waves and receive signals back from the RFID tag. For example an art piece that has this tag attached to its reverse, a person with a mobile phone can scan the tag and bring brought online instantly to the Space Blue Artifact Database to be able to authenticate and verify that the artifact indeed has a twin in the Lunaprise MIssion or indicate that the artifact is invalid, or even fraudulent. This will ensure that the Lunaprise artifacts that make history are indeed verified, validated, and authenticated as actual real twin artifacts.

Collector Certifications:: These are only issued in such cases where the collector and rightful owner of an art piece/collectible, and/or art project applied and was accepted for participation in the Lunaprise program in such cases, the Collector will be required to complete the same process as an artist who applies for certifications but will instead receive the designation of “collector certified artwork”. Upon resale, secondary market buyers of art pieces that are on the Lunaprise mission may also apply for “Collector Certifications”.

Additional Terms and Conditions:

1) How Artwork submitted will also be incorporated into a virtual  NFT  and Metaverse Applications and Use so that the world may view the art that was on board the Lunaprise mission. ( Metaverse concept picture above where users on the earth can use the internet to browse and access a metaverse/virtual reality experience on the earth to view artwork which has been sent on the Lunaprise mission)

All artwork will be exhibited in a Metaverse website(s) being planned to be launched 2024. By submitting your artwork as an artist you agree that your artwork will be installed into a metaverse(s) and also minted as an NFT using blockchain technology, the purpose of which is not necessarily commercial in nature but to establish and validate your artwork was part of the Lunaprise mission and to exhibit such artwork in the metaverse.

These Terms of Use set out your rights and responsibilities when you use Space Blue to submit your artwork for consideration to participate in the Lunaprise and its related Metaverse Exhibition. Space Blue is a space community for lovers of space art, culture, science, nfts, entertainment, and collectibles including NFT’s (Non-Fungible Tokens).  When art is installed into Metaverse applications it can be converted into an NFT , a special digital asset used on the blockchain.  It also through its exchange partners facilitates transactions between a buyer and a seller ( but only if the artist has agreed in advance to such commercial transactions by participating as a “Collaborator” as defined above)  but is not a party to any agreement between the buyer and seller of NFT's or between any users.

2) NFT Definition

What Is a Non-Fungible Token (NFT)?

Non-fungible tokens (NFTs) are cryptographic assets on a blockchain with unique identification codes and metadata that distinguish them from each other.

Unlike cryptocurrencies, they cannot be traded or exchanged at equivalency. This differs from fungible tokens like cryptocurrencies, which are identical to each other and, therefore, can serve as a medium for commercial transactions.

Are artists obligated to create their artwork into NFT’s? No. 

NFT’s Key Takeaways

• NFTs (non-fungible tokens) are unique cryptographic tokens that exist on a blockchain and cannot be replicated.

• NFTs can represent real-world items like artwork and real estate.

• "Tokenizing" these real-world tangible assets makes buying, selling, and trading them more efficient while reducing the probability of fraud.

• NFTs can also function to represent individuals' identities, property rights, and more.

• Collectors have sought NFTs as their value initially soared, but has since moderated.

• Non Fungible tokens do not necessarily have to be used for commercial purposes, they can be used to authenticate and validate how a piece of digital artwork was used and validates such use on the blockchain. Every artist's art piece will be authenticated as being used in this lunar mission this way. This will be done within 120 days of the launch date of the Lunaprise mission and landing on the moon.

Metaverse Definition: A virtual-reality space established on the worldwide internet,  in which users can interact with a computer-generated environment and other users.

Blockchain Definition: A system in which a record of transactions made in bitcoin or another cryptocurrency is maintained across several computers that are linked in a peer-to-peer network.

3)  Expulsion

You agree that we have the right to immediately suspend or expel your participation in the Lunaprise Program, invalidate and seal artist and artist certifications, pause or cancel your access to any of the services in the Metaverse, or close your account access to the Metaverse venture and project if we suspect, in our sole discretion, that (1) you have concealed or provided false identification information or other details including the ownership of your artwork, and NFT’s; (3) you/your business partners/employees/officers have engaged in fraudulent activity including in other NFT, Metaverse or other business ventures not related to us but that may damage our reputation; or (3) you have engaged in transactions in violation of these Terms of Use, (4) the artwork you submitted is not your property. (5) you use any of the companies involved with their project, its officers, office names, likeness, company, and organizational trademarks- in any social media or press or online interviews which we have not granted written consent to use, (5) you are abusive, verbally threaten attack or harm, or make repeated disparaging communictions publically or online or in the media, concerning any the other artists/vendors in the Space Bllue Community, and/or its officers and employee and/or are uncooperative in following the Space Blue leadership team and their published artist terms and conditions, (6) you use the Lunaprise project, its videos, marketing materials, social media, emails, telegram,  press releases, tradenames, collaborators names ( NASA, Space X, Galactic Legacy Labs, Intuitive Machines, Space Blue)   to solicit donations, or to participate in or offer a non-USA and approved and regulated cryptocurrency token project, a non-US regulated and registered NFT Fractional Art/NFT project,  or non-USA regulated and approved securities offering or any other project that may be detrimental to the reputation of the Lunaprise Museum and parties and partnerships, or the artist engages in contractual interference, or interference by the artist with any of the contractural relationships of Space Blue ( including but limited to Galatic Legacy Labs, Space Blue’ss artists, vendors,  marketing partners, investors, employees) and this prohibition on interference by the artist extends to all space collaborators involved in the Lunaprise mission inclidng but not limted to Space X, NASA, ( and lunar lander Intuitive Machines), and other contracted and non contracted partes engaged in the delivery of the Lunaprise mission to the moon.

If the Artist is expelled, we may rescind your permission to use any announcements, story rights,  press announcements, or video used pertaining to Lunaprise revoke your artist and artifact certifications, and revoke publicity rights to incorporate the Lunarpise project, and we may also take additional actions such as burning your NFT’s (if such NFT’s were minted for exhibition in the Metaverse) and removing your artwork from the metaverse (s) in addition to other legal actions we may pursue including and not limited to seeking injunctive action.

4) Communication and Updates to Terms and Conditions:

You agree that we may send you promotional communications by email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you.

You agree that we may send you communications by email or text message that pertain to the status of the Lunaprise project as it develops.

By agreeing to these terms, you hereby certify that you are at least 18 years of age or the parent or guardian or manager of the artist. If you do not agree to these Terms of Use, you must not access or use the Site(s) and will not be allowed to participate in the Lunaprise mission.

Space Blue reserves the right to change or modify these Terms of Use at any time and in our sole discretion. You agree and understand that by logging into your account which will be set up on the metaverse site(s) to view your artwork, accessing or using the Site(s) following any change to these Terms of Use, you agree to the revised Terms of Use and all of the terms incorporated therein by reference. We encourage you to review the Terms of Use from time to time to ensure that you understand the terms and conditions that apply when you access or use the Site.

Space Blue may make changes to these T&Cs from time to time. When Space Blue makes changes, we will make the updated T&Cs available on Space Blue’s website(s) Please check these T&Cs periodically for changes. Any changes to the T & Cs will apply on the date that they are made and, by way of example, your continued access to or use of the Lunaprise and metaverse programs,  after the T & Cs have been updated will constitute your binding acceptance of the updates.

Communication: You agree and understand that we will communicate with you via electronic means. To ensure that you receive all of our communications, you agree to keep your email address and telephone number current and notify us if there are any changes. You agree that any notices, agreements, disclosures, or other official communications delivered to your email address on record are considered valid.

5) Metaverse and Television and Web-based Display of Artist’s Content

The artist hereby grants the right for Space Blue/its assigns to display the artist's artwork, name, and project description in the Metaverse, on websites controlled or managed by Space Blue and its partners, and on Space Blue’s Television partnerships.

The Metaverse Site allows (1) users to create a profile where they can post certain information about themselves, link to other websites, and display NFTs that they own (collectively, “Profile Information”); and (2) artists or creators of NFT's (“Space Blue Creators”) to post their NFT's and bios (collectively, with Profile Information, “User Content”). All User Content must comply with these Terms of Use.

Any Profile Information you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Website, 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. You represent and warrant that (1) you own and control all rights in and to your User Content and have the right to grant such licenses to us and our affiliates and our respective licensees, successors, and assigns; and (2) all of your User Content do and will comply with these Terms of Use.

6) Ownership

Unless otherwise indicated in writing by us, the Site, all content, and all other materials contained therein, including, without limitation, the Space Blue logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “Space Blue   Content”) are the proprietary property of Space Blue  or our affiliates, licensors, or users, as applicable. The Space Blue logo and any Space Blue   product or service names, logos, or slogans that may appear on the Site or elsewhere are trademarks of Space Blue or our affiliates, and may not be copied, imitated or used, in whole or in part, without our prior written permission.

You may not use any Space Blue Content to link to your Site or Content without our express written permission. You may not use framing techniques to enclose any Space Blue Content without our express written consent. In addition, the look and feel of the Site and Content, including without limitation, all page headers, custom graphics, button icons, and scripts constitute the service mark, trademark, or trade dress of Space Blue and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Notwithstanding anything to the contrary herein, you understand and agree that you shall have no ownership or other property interest in your account, and you further agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of Space Blue.

7) NO WARRANTY: 

PARTICIPATION IN YOUR ART, FILES, AND IN THE LUNAPISE PROGRAM AND METAVERSE EXHIBITIONS IS “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SPACEBLUE/ITS OWNERS/PARTNERS/EMPLOYEES  DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL SPACE BLUE, AND ITS PARTNERS/EMPLOYEES/OWNERS  BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF ECONIMIC VALUEOF ARTIST’S PROPERTY,  LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION, OR FOR ANY FORM OF DIRECT OR INDIRECT DAMAGES, AND/OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION WHATSOEVER RELATED TO ANY OF YOUR ARTWORK, ANY OF YOUR’S,  NFT OR THE OFFERING INCLUDING BUT NOT LIMITED TO THE METAVERSE, THE OFFERING, ANY TECHNOLOGY AND/OR PARTIES RELATED TO THE OFFERING, INCLUDING BUT NOT LIMITED TO BLOCKCHAIN, METAMASK OR OTHER DIGITAL WALLET. SPACE BLUE DOES NOT WARRANTY THAT BY PARTICIPATING IN THE LUNAPRISE MISSION, ANY OF YOUR PROPERTY WILL INCREASE IN VALUE OR DERIVE ANY ECONOMIC VALUE BY BEING PART OF THE LUNAPRISE MISSION.

YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF A DISCLAIMING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPACEBLUE/ITS OWNERS/EMPLOYEES  TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED 10% OF THE TOTAL SUM PAID DIRECTLY BY YOU TO SPACE BLUE FOR ANY CONTEST OR SUBMISSION FEES ( IF ANY) . IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.

8) Intellectual Property

In addition to the Space Blue Content, all other trademarks, product names, and logos on the Site are 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 trademark holder. Without limiting the foregoing, if you believe that third-party material hosted by Space Blue infringes your copyright or trademark rights, please file a notice of infringement by contacting Space Blue’s Copyright Agent at support@nftblue.com

In such event, please provide Space Blue’s Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on Site of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Space Blue’s policy is to suspend or terminate the Metaverse account of repeat infringers. Space Blue’s response may depend on relevant aggravating or mitigating circumstances, but generally, we will terminate an account if it is the subject of three valid infringement notices.

9) Privacy

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Space Blue’s Privacy Policy, which is incorporated into this User Agreement by reference.

Confidentiality: Provided you request in writing, We at Space Blue will not divulge the contents of your artwork  to any third parties nor show any of your private artwork to any third party or the public,  ( except encrypted files which we share with the hired contractors who are hired to install the digital artwork into the Lunaprise time capsule), and only will share any of your confidential information if you grant us permission to do so, or if demanded by a court of competent jurisdiction orders such release of your confidential information, or a government agency conducting an investigation or other legal action,  under subpoena or court  authority of a court duly authorized under the laws of the United States of America demands that from us.  

10) Modifications

You agree and understand that we may modify part or all of Space Blue or the Services without notice.

11) Risks

There is no guarantee of the success or completion of the space mission. In the event that the space lander fails to reach the destination of the Moon, you will lose any fees that you paid for submission (if any were paid by you through any of the contests we may sponsor on this site or other websites worldwide).

12) Disclaimer

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 MISTAKES IN ENTRY AND/OR QUALITY OF THE ARTISTS INFORMATION, CONTENT, BIOGRAPHY, DESCRIPTIONS, VIDEO FILES, ANIMATION FILES,  TEXT, ACCURACY INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE-FORCING OR OTHER MEANS OF ATTACK

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 Space Blue OR ANY Space Blue PARTY CAN EFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFT'S.

Space Blue is not responsible for sustained losses due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), blockchains, or any other features of NFTs. Space Blue is not responsible for sustained losses due to late reports by developers or representatives (or no report at all) of any issues with the blockchain supporting NFT including forks, technical node issues, or any other issues having fund losses as a result.

Nothing in this Agreement shall exclude or limit the liability of either party for fraud, death, or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded by legitimate means.

TO THE FULLEST EXTENT PROVIDED BY LAW, SPACEBLUE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITE AND CONTENT CONTAINED THEREIN.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Injunctive Action: The artist agrees that Space Blue can seek injunctive action in a court of competent jurisdiction to enforce its right under this agreement.

13) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPACE BLUE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE, THE METAVERSE SITE, PRODUCTS 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF SPACE BLUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS 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 SPACE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, CONTENT, NFT's, METAVERSE, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE EXCEED THE GREATER OF (A) $100 OR 10% ( TEN PERCENT) OF THE AMOUNT YOU HAVE PAID TO SPACE BLUE FOR THE SERVICES IN THE LAST SIX MONTHS OUT OF WHICH LIABILITY AROSE.
 THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF Space Blue FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF SPACE BLUE’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A MEMBER OF SPACE BLUE’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.


14) Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Space Blue, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Space Blue Parties”), 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, Content or NFT's, (b) any Feedback you provide, (c) your violation of these Terms of Use, (d) your violation of the rights of a third party, including another user or MetaMask and (e) your failure to pay any Withholding Taxes or Sales Taxes in connection with your Nifty transactions or to provide us with a properly executed tax form described in Section 9. You agree to promptly notify Space Blue of any third-party Claims and cooperate with the Space Blue Parties in defending such Claims. You further agree that the Space Blue Parties shall have 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 Space Blue.

15) Governing Law

These Terms of Use, your use of Space Blue, your rights and obligations, and all actions contemplated by, arising out of, or related to these Terms of Use shall be governed by the laws of the State of California, United States of America as if these Terms of Use are a contract wholly entered into and wholly performed within the State of Wyoming. YOU UNDERSTAND AND AGREE THAT YOUR USE OF SPACE BLUE AS CONTEMPLATED BY THESE TERMS OF USE SHALL BE DEEMED TO HAVE OCCURRED IN THE STATE OF CALIFORNIA, USA,  AND BE SUBJECT TO THE INTERNAL LAWS OF THE STATE OF CALIFORNIA, USA WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.

16) Disputes

Please note that this section contains an arbitration clause and class action waiver. By agreeing to these Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have the dispute decided by a judge or jury, and you waive any right to participate in collective action, whether that be a class action, class arbitration, or representative action.

Please read the following agreement to arbitrate (“Arbitration Agreement”) in its entirety. This clause requires you to arbitrate disputes with Space Blue and limits the manner in which you can seek relief from us.

You agree that any dispute or claim relating in any way to your access, use, or attempted access or use of the Site; any products sold or distributed through the Site; or any aspect of your relationship with Space Blue will be resolved by binding arbitration, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Space Blue may seek equitable relief in court for infringement or another misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyright, or patent). You agree that any such arbitration shall be settled solely and exclusively by binding arbitration held in Wyoming,  administered by JAMS, and conducted in English, rather than in court.

Any such arbitration shall be conducted in accordance with the then-prevailing JAMS Streamlined Arbitration Rules & Procedures, except that any dispute involving claims and counterclaims over $250,000, not inclusive of attorneys’ fees and interest, shall be subject to the then-prevailing JAMS Comprehensive Arbitration Rules and Procedures.

The arbitrator shall have exclusive authority to (1) determine the scope and enforceability of this Arbitration Agreement; and (2) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including but not limited to any claim that all or part of this Arbitration Agreement is void or voidable; (3) decide the rights and liabilities, if any, of you and Space Blue; (4) grant motions dispositive of all or part of any claim; (5) award monetary damages and grant any non-monetary remedy or relief available to a party under applicable law, arbitration rules, and these Terms of Use (including the Arbitration Agreement). The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Such an award is final and binding upon you and us.

You understand that by agreeing to this Arbitration Agreement, you and Space Blue are each waiving their right to trial by jury and to participate in a class action or class arbitration.

If any part of this Arbitration Agreement is found to be invalid or unenforceable, then such part shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue to be in full force and effect.

This Arbitration Agreement shall survive the termination of your relationship with Space Blue.

17) Termination

We reserve the right, without notice and in our sole discretion, to terminate your license to access or use the Metaverse Site or Content. We also reserve the right to terminate your participation in the Lunaprise project,  if you violate any of the terms and conditions of this agreement. 

18) Severability

If any term, clause, or provision of these Terms of Use is held invalid or unenforceable, then that term, clause, or provision shall be severable from these Terms of Use and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other terms, clause, or provision of these Terms of Use.

Entire Agreement

These Terms of Use comprise the entire agreement between you and Space Blue relating to your access to and use of the Site and Content and supersede any and all prior discussions agreements, and understandings of any kind (including without limitation prior versions of this User Agreement). Except as otherwise provided herein, these Terms of Use 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.

19) Survival

You agree and understand that all provisions of these Terms of Use shall survive the termination or expiration of these Terms of Use.

20) Contact Information

If you have any questions, would like to provide feedback, or would like more information about Space Blue, please feel free to email us at support@nftblue.com If you have any questions, please contact us at vip@spaceblue.club or write to us at Space Blue 8383 Wilshire Blvd, Beverly Hills, CA 90210

END OF AGREEMENT