Terms of Service

Rarest is a collectibles marketplace operated by Nerdbeak, Inc. ("Nerdbeak," "we," "us," or "our") using the Cliqket marketplace platform. These Terms of Service ("Terms") govern your access to and use of Rarest, including its listings, ranking board, placement and shoutout features, checkout, accounts, messages, and related services (collectively, the "Services").

By creating an account, clicking to accept, buying, selling, paying for placement, or otherwise using the Services, you agree to these Terms and the Rarest Rules. If you act for a company or another legal entity, you represent that you have authority to bind it.

1. Rarest, Cliqket, sellers, and buyers

Rarest is a Nerdbeak-operated marketplace powered by Cliqket. A seller ("Seller") offers a collectible. A buyer ("Buyer") purchases or makes an offer on that collectible. Cliqket supplies the technology and operational tools behind the marketplace.

Each listing, checkout, or receipt identifies the Seller and the party acting as merchant of record for that transaction. That identified merchant is the Buyer's counterparty for payment and is responsible for the item, fulfillment, refunds, customer service, and transaction-specific legal obligations. Unless Nerdbeak is expressly identified as the Seller or merchant of record, Nerdbeak generally does not own, possess, inspect, or guarantee a Seller's item.

2. Accounts and authority

You must provide accurate information, keep your account credentials secure, and promptly update material changes. You are responsible for activity under your account and for anyone you authorize to use it.

• You must be at least 18 years old or the age of majority where you live.
• Sellers must accurately identify the person or entity conducting business.
• Sellers may need to complete identity, tax, payment, and payout onboarding.
• You may not create or use an account for a deceptive, abusive, or unlawful purpose.

3. Listings, authenticity, and fulfillment

Sellers must have the right to offer everything they list. A listing must be accurate, lawful, current, and not misleading. Its title, photos, condition, authenticity, price, availability, and shipping details must match the item offered.

Sellers are responsible for pricing, authenticity, condition, availability, packaging, shipment, delivery, cancellations, returns, refunds, warranties, support, and any required licenses or permits. Counterfeit, stolen, unsafe, illegal, prohibited, or misleading items are not allowed.

4. Ranking, placement fees, and shoutouts

Every paid placement is an advertisement for a real Rarest listing. It does not buy the collectible. Buyers purchase collectibles separately through merchandise checkout.

Placement amounts are whole US dollars and start at the minimum shown on the rank page. A higher completed paid total ranks above a lower total. A Seller can raise the same listing later by paying only the difference between its current paid total and the new total. A raise changes the rank of the same listing and does not create a second rank owner.

A completed placement payment claims the rank. Pending, failed, or canceled payments do not. Rank can change whenever another listing completes a higher placement, and no rank guarantees traffic, offers, a sale, an appraisal, or an endorsement by Rarest or Nerdbeak. Sold listings may remain visible on the board and show Sold.

Placement fees pay for the ranking service, not for the item, a deposit, an ownership interest, or a promise that a rank will last for a particular amount of time. If a completed placement payment is refunded, reversed, disputed, or charged back, we may lower, pause, or remove the rank to reflect the remaining paid total.

A shoutout is optional and may include an avatar, short bio, and link. You must have the right to use everything you submit. Do not post hateful, offensive, sexual, violent, deceptive, scam, illegal, unsafe, infringing, or spam content. We may review, reject, hide, or remove a shoutout, link, listing, or rank that violates these Terms, the Rarest Rules, law, third-party rights, payment-network rules, or platform safety. Payment does not guarantee that submitted content will stay public.

5. Payments, fees, and taxes

Payments and payouts are processed through Stripe or another supported provider. Payment users agree to the provider's terms, including Stripe's Connected Account Agreement and Services Agreement.

Cliqket's standard buyer service fee is 3.6% of applicable merchandise and shipping charges, subject to the minimum or other amount shown at checkout. Placement fees, Seller charges, service fees, shipping, taxes, and any other charges are shown before payment. By completing a transaction, you authorize the charges shown at checkout and any permitted refund, reversal, dispute, or payout adjustment.

Sellers are responsible for their tax registration, collection, reporting, and remittance obligations unless Nerdbeak, Rarest, Cliqket, or a payment provider is required by law to perform a specific function. We may collect and remit taxes where legally required.

6. Buyers, orders, and offers

Buyers are responsible for reviewing the item, Seller identity, condition, authenticity information, total price, shipping, refund terms, and other transaction details before purchase. Buyers must provide accurate payment, delivery, and contact information and may not misuse offers, refunds, chargebacks, reviews, or dispute processes.

Rank is not proof of an item's value, authenticity, quality, or Seller reliability. Merchandise payments, refunds, returns, shipping, disputes, and chargebacks are separate from placement spend.

7. User content

You retain ownership of listings, images, messages, profiles, shoutouts, links, reviews, and other content you submit ("User Content"). You grant Nerdbeak a non-exclusive, worldwide, royalty-free license to host, reproduce, display, resize, format, modify, transmit, and otherwise use User Content as needed to provide, secure, support, operate, and improve the Services and to display or promote the Rarest marketplace and the listing where the content appears.

You represent that you have the rights needed to submit User Content. We may restrict or remove content that violates these Terms, the Rarest Rules, law, third-party rights, payment-network rules, or platform integrity.

8. Automated features

Cliqket and Rarest may use automated systems to organize, rank, recommend, monitor, moderate, communicate, support, or protect marketplace activity. Automated output can be incomplete or inaccurate. You may not use automated features to deceive, spam, manipulate ranking, violate platform rules, or break the law. Information may be processed by model and infrastructure providers as described in our Privacy Policy.

9. Prohibited conduct

You may not:

• Violate law, payment-network rules, these Terms, or the Rarest Rules.
• Engage in fraud, deception, money laundering, fee avoidance, rank manipulation, spam, or abuse.
• Offer counterfeit, stolen, unsafe, illegal, or prohibited items.
• Harass, threaten, impersonate, exploit, or endanger another person.
• Interfere with security, rate limits, access controls, payments, ranking, or platform operation.
• Scrape, crawl, copy, or harvest data except through authorized features or with written permission.
• Upload malware, attempt unauthorized access, or infringe privacy or intellectual-property rights.

10. Intellectual property

Rarest and Cliqket software, interfaces, designs, trademarks, templates, infrastructure, and platform content are owned by Nerdbeak or its licensors. Except for rights expressly granted in these Terms, you may not copy, modify, reverse engineer, resell, or exploit the Services.

To report material you believe infringes your rights, email ricky@nerdbeak.com with the work, material, location, your contact information, a good-faith statement, and your physical or electronic signature. We may remove material and terminate repeat infringers.

11. Third-party services

The Services integrate with third-party payment, hosting, analytics, authentication, communications, shipping, storage, and model providers. Their services are governed by their own terms and policies. We are not responsible for third-party services outside our control.

12. Suspension and termination

We may suspend, restrict, or terminate access when activity violates these Terms, creates risk, harms users, exposes us or others to liability, or threatens the Services. Termination does not erase obligations already incurred, including pending orders, placement fees, payouts, refunds, disputes, and legal duties.

13. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NERDBEAK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not guarantee uninterrupted operation, marketplace liquidity, a rank's duration, traffic, offers, transaction completion, Seller performance, item quality or authenticity, or the accuracy of content, recommendations, automated output, or other users.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NERDBEAK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION.

Our total liability for claims arising from these Terms or the Services will not exceed the greater of the amount you paid directly to Nerdbeak in the twelve months before the claim or one hundred dollars ($100). Some jurisdictions do not allow certain limitations, so they apply only to the extent permitted by law.

15. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Nerdbeak and its officers, directors, employees, agents, and affiliates from claims, losses, liabilities, damages, and reasonable costs arising from your use of the Services, listings, placement, shoutouts, fulfillment, User Content, violation of these Terms, or violation of law or third-party rights.

16. Governing law and disputes

Delaware law governs these Terms, without regard to conflict-of-law rules. Before filing a legal claim, contact ricky@nerdbeak.com and allow thirty days for an informal resolution. Nothing in these Terms limits rights that cannot legally be waived.

17. Changes to these Terms

We may update these Terms as the Services or law changes. We will post the revised version and its date and provide additional notice or request renewed acceptance where required. Continued use after revised Terms take effect constitutes acceptance where permitted by law.

18. Contact us

Questions about these Terms can be sent to Nerdbeak, Inc. at ricky@nerdbeak.com.