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

  1. 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.

  2. Personal Use.

    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:

    1. for your own personal, non-commercial use.

    2. as part of a marketplace that permits the purchase and sale of your Ballerz/ NFT.

    3. 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.

  3. Commercial Use.

    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.

  4. 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:

  1. modify the Art except as expressly permitted herein;

  2. 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;

  3. 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;

  4. attempt to register any trademark, copyright, or otherwise acquire additional

    intellectual property rights in or to the Art;

  5. (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

  6. 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

  7. use the Art to create additional non-fungible tokens or other digital assets accounted for on a distributed ledger;

  8. create derivative works of the Art comprising new characters or replicas of the Art featured in Ballerz NFTs that you do not own;

  9. 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)

  10. 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

  11. 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

  1. 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.

  2. 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.

5. Indemnification

You will be fully responsible for any claims against NFT Genius, its licensors or affiliates, related to:

  1. your breach of the Terms.

  2. your use of a marketplace.

  3. 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.

General Terms and Conditions for GAIA Promotions


Sponsored by NFT Genius, Inc. (“Sponsor”).


These General Terms and Conditions apply to any Promotion run by the Sponsor.

1. Timing. The Sponsor may launch Promotions from time to time. The Sponsor will clearly explain the start and end dates of the Promotion. The Sponsor will create a link where participants can enter the Promotion.

2. Agreement to Official Rules. By entering or participating in a Promotion, you accept and agree to be bound by these “Official Rules”, as well as any other terms and conditions the Sponsor may set out for the Promotion. For the avoidance of doubt, these Official Rules will apply to the Prize winner as if the winner purchased the Prize, even though the winner will make no purchase to receive the Prize. You understand and acknowledge that the Prize will be fulfilled by Sponsor, and that Sponsor is not responsible for the lack of or delay in fulfillment of any Prize. The Sponsor Terms apply only to the Prize winner’s use of the Prize after the Prize has been fulfilled by NFT Genius

2. Eligibility. Promotions are open to individuals, eighteen (18) years of age or older at the time of entry, where their participation is permitted by place of residence. Employees of Sponsor and its parent company, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to Sponsor through an outsourcer or temporary employment agency during the Promotion Period, and their respective immediate family members and persons living in the same household, are not eligible to participate in the Promotion. For the avoidance of doubt, persons located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions are not eligible for participation.

3. How to Enter. The Sponsor will create specific rules and procedures for you to enter the Promotion. To claim a Prize in this Promotion, entrants may be required to provide additional information for communication by Sponsor. Potential winners that do not provide additional information as requested by Sponsor via the verification process will not be eligible. All potential winners are subject to verification by the Sponsor, in their sole discretion, whose decisions shall be final and binding.

4. No purchase necessary. No purchase or payment of any kind is necessary to enter or win. A purchase will not improve your chances of winning. To enter a Promotion without making a purchase, you may email [email protected]. Limit one (1) entry per person regardless of method of entry

5. Prize Drawing and Odds. Prizes, Prize Drawing timing and other terms will be determined by Sponsor and spelled out in specific terms for any given Promotion. The odds will be determined by the Sponsor and the number of contest entries.

6. No cash substitution. No cash or other substitution of Prizes is permitted, except at the sole option of Sponsor for a Prize of equal or greater value. Sponsor will not replace any lost or stolen Prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to Prizes.

7. Notification of Winners. Each winner will receive its Prizes through the mechanism determined by the Sponsor for that given Promotion.

8. Disclaimers and Limitations on Liability.
(a) Sponsor is not responsible for (i) late, lost, delayed, damaged, postage-due, incomplete, illegible, garbled, misdirected or undeliverable entries, responses, or other correspondence, whether by email or postal mail or otherwise; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties or any technical hardware or software failures of any kind, which may limit a person’s ability to participate in the Promotion. (b) IN NO EVENT WILL SPONSOR BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROMOTION, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

9. Indemnification.You agree to release, indemnify, defend and hold Sponsor and its parent, affiliates, subsidiaries, directors, officers, employees, sponsors and agents, including advertising and promotion agencies, and assigns, and any other organizations related to the Promotion, harmless, from any and all claims, injuries, damages, expenses or losses to person or property and/or liabilities of any nature that in any way arise from participation in this Promotion or acceptance or use of a Prize or parts thereof, including, without limitation, (i) any condition caused by events beyond Sponsor’s control that may cause the Promotion to be disrupted or corrupted; (ii) the Prize, or acceptance, possession, or use of the Prize, or from participation in the Promotion; and (iii) any printing or typographical errors in any materials associated with the Promotion.

10. Additional Conditions. Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Promotion in whole or in part, if in Sponsor’s opinion (a) the Promotion is not capable of running as planned by reason of the occurrence of any event beyond its control including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications, equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Promotion by any party, or any federal, state, local or provincial government law, order, or regulation, order of any court or jurisdiction. Sponsor also reserves the right to disqualify any entrant or winner, as determined by Sponsor, in its sole discretion. Persons who tamper with or abuse any aspect of the Promotion (including the use of artificial intelligence bots or bots created or utilized for the purpose of entering this challenge), will be deemed ineligible and removed from the list of potential winners.

11. Governing Law and Choice of Forum. These Official Rules are governed by the law of California, without reference to rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Promotion or these Official Rules must be brought in either the federal courts located in the Northern district of California or the state courts located in San Mateo County, California.

12. Contact. If you have any questions relating to this Promotion, you may contact Sponsor via email at: [email protected]