Terms of Ownership
Ballerz is a collection of NFTs running on the FLOW network. The OnGaia website is only an interface allowing participants to purchase digital collectibles. Users are entirely responsible for the safety and management of their own private Dapper wallets and validating all transactions and contracts generated by this website before approval. Furthermore, as the Ballerz smart contract runs on the FLOW network, there is no ability to undo, reverse, or restore any transactions.
This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving OnGaia and the Ballerz digital collectibles.
Below, we have summarized the key terms applicable to the purchase of a Ballerz NFT and the use of the digital art (“Art”) linked to it. This is not intended to supplement or modify the agreement. Rather, it is to help you understand the key terms applicable to it.
1. Ownership and License
You Own the NFT.
Each Ballerz is an NFT on the FLOW blockchain. When you purchase an NFT, you own the underlying NFTS, the digital record on the blockchain, completely. Ownership of the NFT is mediated entirely by the Smart Contract and the FLOW Network: at no point may we seize, freeze, or otherwise modify the ownership of any Ballerz. You do not own the “Art” linked to the NFT, which is instead licensed to you as described in (B) and (C) below.
Subject to your continued compliance with these Terms, NFT GENIUS, INC grants you a worldwide, royalty-free license to use, copy, and display the Art, solely for the following purposes:
for your own personal, non-commercial use.
as part of a marketplace that permits the purchase and sale of your Ballerz/ NFT.
as part of a third-party website or application that permits the inclusion, involvement, or participation of your Ballerz, provided that the website/application cryptographically verifies each Ballerz owner’s rights to display the Art for their Ballerz to ensure that only the actual owner can display the Art, and provided that the Art is no longer visible once the owner of the Ballerz leaves the website/application.
Subject to your continued compliance with these Terms, NFT GENIUS, INC grants you a worldwide license to use, copy, and display the purchased Art for the purpose of commercializing products and media featuring the Art (“Commercial Use”). Examples of such Commercial Use would e.g. be the use of the Art to produce and sell merchandise products (T-Shirts etc.) displaying copies of the Art or creating a comic book featuring the Art.
Ballerz and OnGaia IP.
Other than the rights to the Art, nothing herein gives you any rights to any other trademarks or other intellectual property rights belonging to NFT Genius, Inc including, without limitation, to BALLERZ, Ballerz Basketball League, Ballerz Teams, Playing Cards and the associated logos. All of these rights are expressly reserved in the name of NFT GENIUS, INC
2. Your Obligations
You are solely responsible for your use of the Ballerz NFTs, and for any consequences thereof. By way of example, and not as a limitation, you may not, and may not allow any third party to:
modify the Art except as expressly permitted herein;
use the Art as a brand or trademark or to advertise, market, or sell any product or service except to advertise, market or sell any Merchandise or works created from the exercise of your Commercial Use license;
use the Art in connection with media or merchandise that promotes hate speech, illegal activities, vulgarity (e.g., pornography), offensive behavior, violence, cruelty or political statements;
attempt to register any trademark, copyright, or otherwise acquire additional
intellectual property rights in or to the Art;
(represent or imply that your exercise of the Commercial Use license is endorsed by or affiliated with NFT Genius or any other party associated with Ballerz NFTs; or
make defamatory or dishonest statements about NFT Genius or the Ballerz NFTs or otherwise damage the goodwill, value or reputation of NFT Genius or the Ballerz NFTs
use the Art to create additional non-fungible tokens or other digital assets accounted for on a distributed ledger;
create derivative works of the Art comprising new characters or replicas of the Art featured in Ballerz NFTs that you do not own;
use the Art as a trademark or brand or for any other fundraising, advertising,
marketing, or similar purposes (other than to advertise or market the works that have been made in accordance with your Commercial Use license)
use any NFT Genius trademarks (e.g. BALLERZ NFTS, NFT Genius or the names of any Ballerz NFTs) in connection with your exercise of the Commercial Use license; and
use or attempt to register any asset, including any domain names, social media accounts or related addresses, that contains or incorporates any artwork, other representation, name or mark that may be confusingly similar to such trademarks.
3. Fees and Payment
When you purchase a Ballerz through the OnGaia Site, including primary and secondary sales, any financial transactions that you engage in will be conducted solely through the Dapper Wallet. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. We will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage or any other transactions that you conduct via the Dapper Wallet.
FLOW requires the payment of a transaction fee for every transaction that occurs on the Dapper Wallet. The Fee funds the network of computers that run the decentralized Flow network. This means that you will need to pay a Fee for each transaction. Additionally, any transaction in which a Ballerz is sold by you to another owner after the initial purchase will be a 5% royalty payment.
4. Risk Assumption and Limitation of Liability
You accept and acknowledge all risks associated with any Ballerz NFT that you purchase, including (but not limited to) security, drops in value, failures of blockchain technology, legal and regulatory risk, and the risks of using third-party platforms.
If we are somehow liable to you in connection with a Ballerz NFT, our liability will be limited to direct damages and will not exceed $1000.
You will be fully responsible for any claims against NFT Genius, its licensors or affiliates, related to:
your breach of the Terms.
your use of a marketplace.
your exercise of your license to the Art.
6. Dispute Resolution; Arbitration
Any dispute related to your Ballerz NFT will be governed by the laws of California. If a dispute requires formal proceedings to resolve, the dispute will be resolved through binding arbitration, unless a party elects to pursue an eligible claim in small claims court or a party seeks injunctive relief.