Terms & conditions

Terms of Service

Last Updated: march 5, 2024

1. Introduction

Welcome to Ordinal Genesis. These Terms of Service ("Terms") govern your use of our website and services, including all functionalities, features, and content provided by Ordinal Genesis (collectively, the "Service"). By using the Service, you agree to be bound by these Terms. "Inscription" (or "NFT") in these Terms means a digital asset, which using specialized protocols and conventions is stored on the blockchain (such as the Bitcoin blockchain). "Collection" or ("NFT Collection") refers to a set of digital assets recorded on the blockchain.

By your act of using our services, executing an agreement, and/or utilizing our services, you consent to be legally bound by these terms, including all conditions and policies incorporated herein by reference. Should you dissent to these terms, you are prohibited from accessing or utilizing the service.

2. Third-party content

Ordinal Genesis facilitates your engagement with individual or collective NFTs or inscriptions produced by external entities. Ordinal Genesis does not endorse or provide assurances regarding this external content accessible via our Service. This includes content linked to NFTs showcased on the Service. The onus of validating the legitimacy, authenticity, and legality of NFTs and inscriptions acquired from third-party vendors rests on the user. Moreover, we do not assure the perpetual visibility or availability of any collections, NFTs, or inscriptions featured on Ordinal Genesis for purchase, sale, or transfer. Responsibility for any content associated with their NFTs or inscriptions lies entirely with the users.

3. User Responsibilities

You affirm and guarantee that your use of the Service will adhere to all relevant laws, including local, state, federal, and other legal requirements. To fulfill our legal responsibilities and ensure the safety of our users and platform, we reserve the right to limit, suspend, or terminate your access to the Service as necessary. You acknowledge and accept that Ordinal Genesis is not required to provide an explanation regarding its decision to enact such measures.

You acknowledge and agree that in your use of the Service, you will not breach any laws, contractual obligations, intellectual property rights, or other rights of third parties. Furthermore, you accept sole responsibility for your actions and any content you provide while utilizing the Service.

By engaging with the Service, you acknowledge the critical necessity of conducting your own research. It is your sole responsibility to ascertain the authenticity, legality, identity, and other pertinent details of any NFT, collection, or account that you encounter or interact with through our Service. We do not provide any assurances, guarantees, or endorsements regarding the identity, legitimacy, or authenticity of any NFT, collection, or account present on the Service.

3.1 Collection Authors:

a. As a Collection Author, you are solely responsible for the digital content you create and upload to the Service. This includes ensuring that you have all necessary rights and permissions to use and distribute the content. b. You represent and warrant that your content does not infringe on the intellectual property rights, privacy rights, or other legal rights of any third party. c. You agree to indemnify and hold harmless Ordinal Genesis against any claims, liabilities, or expenses arising from using your content.

3.2 Buyers:

a. As a Buyer, you are fully responsible for the digital content you purchase through the Service. b. You understand that Ordinal Genesisdoes not guarantee the authenticity, legality, or quality of content available on the platform. c. You agree that your purchase and use of any digital content is at your own risk.

4. Limitation of Liability

a. Ordinal Genesis is a platform provider and is not responsible for the digital content created, uploaded, or purchased by users of the Service. b. Ordinal Genesis shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Service. c. Ordinal Genesis makes no warranties regarding the Service, including warranties of merchantability or fitness for a particular purpose.

5. Intellectual property rights

You affirm and guarantee that you possess, or have secured, all necessary rights, licenses, consents, permissions, power, and authority required to bestow the rights conferred herein for any content that you create, submit, post, promote, or display on or through the Service.

You are solely responsible for the content and metadata associated with NFTs and digital items you create. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Ordinal Genesis the license described above, and that the content does not violate any laws.

You hold sole responsibility for the content and metadata of the NFTs and digital items you create. You represent and warrant that this content is not encumbered by copyright, trademark, publicity rights, or other intellectual property rights, unless you have obtained the necessary permissions or are legally entitled to post the material and to grant Ordinal Genesis the license as described above. Additionally, you ensure that the content is in compliance with all applicable laws.

Ordinal Genesis will act upon Digital Millennium Copyright Act (DMCA) takedown notices and other claims of intellectual property infringement by removing the implicated works. If you suspect that your content has been replicated in a manner that infringes upon your copyright, trademark, publicity, or other intellectual property rights, you must provide a written notification to us via our support system in our discord with links to offending content and proof of your ownership to the aforementioned content.

6. General Provisions

a. These Terms constitute the entire agreement between you and Ordinal Genesis regarding your use of the Service. b. Ordinal Genesis reserves the right to modify these Terms at any time. Your continued use of the Service after any such modification constitutes your acceptance of the new Terms. c. If any part of these Terms is found to be unenforceable or invalid, that part will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

7. Indemnification

By accepting these Terms and accessing the Service, you consent, to the maximum extent allowed by relevant law, to indemnify, defend, and exonerate Ordinal Genesis and our respective past, present, and future employees, officers, directors, contractors, shareholders, service providers, and representatives from any and all actual or alleged claims, damages, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees (including, but not limited to, legal 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, whether known or unknown, anticipated or unanticipated, matured or unmatured, or suspected or unsuspected, in law or in equity, whether in tort, contract, or otherwise. This includes, but is not limited to, claims resulting in property damage or personal injury, which are caused by, arise from, or are related to your use or misuse of the Service, content, NFTs, or content linked to or associated with any NFTs; your breach or violation of any term of these Terms or applicable law; your infringement of the rights of, or obligations to, a third party, including another user or third party; and your negligent or intentional wrongdoing.

8. Disclaimers

Your access to and use of the Service is entirely at your own risk. You acknowledge and agree that the Service is provided on an "as is" and "as available" basis, and Ordinal Genesis explicitly disclaims all warranties or conditions, whether express or implied. Ordinal Genesis does not guarantee and disclaim all responsibility regarding the Service's ability to fulfill your requirements; operate without interruptions, or free from errors; or be accurate, reliable, complete, legal, or safe. Ordinal Genesis will not be liable for any losses arising from actions taken or not taken based on the material or information on the Service. While Ordinal Genesis strives to make your access and use of the Service safe, it does not assert or guarantee that the Service, its content, content linked to or associated with any NFTs, or any NFTs you interact with through our Service or our service providers' servers are devoid of viruses or other harmful elements. The security of data disclosed online cannot be assured. You acknowledge the inherent security risks and agree not to hold Ordinal Genesis accountable for any security breaches.

Ordinal Genesis shall bear no responsibility or liability to you for any loss, and Ordinal Genesis disclaims all responsibility and will not be liable to you for any use of or inability to use NFTs, content, and/or content linked to or associated with NFTs. This includes, but is not limited to, any losses, damages, or claims arising from: user error such as incorrectly entered details or mistyped addresses; server failure or data loss; unauthorized access to or use of the Service; any unauthorized third-party activities, including but not limited to the use of viruses, phishing, brute-forcing, or other methods of attack against the Service.

9. Limitation of Liability and Refund Policy

User Error and Third-Party Botting

You acknowledge that your use of Ordinal Genesis's Service includes risks that may lead to loss or damage resulting from user errors (such as entering incorrect details or mistyped addresses) or the malicious activities of third parties (including botting, hacking, phishing, or other unauthorized interventions). While Ordinal Genesis takes reasonable measures to ensure the security and integrity of its services, the unpredictable nature of the Internet and online platforms means that total protection cannot be guaranteed.

Limitation of Liability: To the fullest extent permitted by applicable law, Ordinal Genesis shall not be liable for any losses, damages, claims, or expenses arising out of or in connection with user errors or third-party botting activities. This includes, but is not limited to, loss of funds, assets, or digital items; unauthorized access to accounts; and any form of data breach or cyber-attack that results in personal or financial harm.

Refund Policy: Ordinal Genesis reserves the right to evaluate requests for refunds on a case-by-case basis. Refunds or compensation for losses resulting from user error or third-party activities are not guaranteed. Any decision to provide a refund will be at the sole discretion of Ordinal Genesis, taking into account the circumstances of the incident, the extent to which Ordinal Genesis's service may have contributed to the loss, and the evidence provided by the user.

In cases where a refund is deemed appropriate, Ordinal Genesis will endeavor to process such refunds in a timely manner, subject to the limitations of the payment processors and blockchain networks involved. Users requesting a refund should provide detailed information about their transaction and the nature of the error or issue encountered.

10. Contact Information

If you have any questions about these Terms, please contact us at our discord.