Terms of Service
Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website and interface located at TRIO.xyz (the “Site” or the “Trio Platform”), the blockchain currency management software that is downloadable from the site (the “Software”), corresponding mobile applications (“Apps”), and other services and resources that are available, enabled or offered by Ordinals Bot (“Orange Dollars Inc”, “we,” “our”), which facilitates interaction with certain decentralized cryptographic protocols, which are either open-sourced or may become open-sourced (collectively, the “Protocols”) to effectuate the creation and deployment (aka “minting”) of non-fungible tokens (“NFTs”), support sale and distribution of such NFTs on the decentralized blockchains on which the NFTs are recorded (“Blockchains”), and support the management of cryptographic currencies.
For the purposes of this agreement, ‘NFT’s’ are deemed to mean all forms of inscription on the blockchain including but not restricted to BRC-20s, Runes, BTC inscriptions and other protocols storing unique inscriptions on the bitcoin blockchain. To make these Terms easier to read, the Site, Software, Apps and our services are collectively called the “Services”. These Terms do not govern any interactions you may with our third-party API providers, each of which has its own terms. Orange Dollars Inc is not a bank or financial institution and does not provide investment or financial advice to users of the Services. We are solely the provider of the Services.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND Orange Dollars Inc THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
Agreement to Terms. By using the Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, you are not authorized to use the Services.
Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
Changes to these Terms or the Services. We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the Apps and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Who May Use the Services?
Eligibility. YOU MAY USE THE SERVICES ONLY IF YOU ARE 18 YEARS OR OLDER AND CAPABLE OF FORMING A BINDING CONTRACT WITH Orange Dollars Inc, AND NOT OTHERWISE BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW. THE SERVICES ARE NOT AVAILABLE TO RESIDENTS OF THE UNITED STATES. We will not knowingly solicit or collect personal information from any user under the age of 16. Do not attempt to use the Services if you are under 16. If we become aware that a user is under the age of 13, we will promptly delete all personal information of the user. If you have information that suggests that a user of the Service could be under the age of 16, please send an email to info@ordinalsbot.com.
Compliance. The Services are only available to users in certain jurisdictions who can use the Services as permitted under applicable law. You certify that you will comply with all applicable laws) when using the Services. Without limiting the foregoing, by using the Services, you represent and warrant to Orange Dollars Inc that neither you nor, where applicable, your beneficial owners and controllers are: (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including the United Kingdom's Office of Financial Sanctions Implementation), or (b) a citizen, resident, or entity organized in a jurisdiction or territory that is the subject of comprehensive sanctions by the United Kingdom or Panama. You are solely responsible for ensuring that your access and use of the Services in such country, territory or jurisdiction does not violate any applicable laws. You must not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition. We reserve the right, but have no obligation, to monitor where the Services are accessed from. Furthermore, we reserve the right, at any time, at our sole discretion, to block access to the Services, in whole or in part, from any geographic location, IP addresses and unique device identifiers or to any user who we believe is in breach of these Terms.
Unauthorized Access. You may not access or utilize the Site and/or Services for the purpose of web crawling, web harvesting, data mining, data extraction, scraping or aggregating information, including without limitation listings and smart contracts available on or through the Site and/or Services, or similar activities without our prior written consent at our sole discretion. Users who wish to engage in any of the foregoing activities must visit https://docs.ordinalsbot.com/ and abide by the application programming interface (the “API”) licensing terms made available on that site to legally access and use the APIs. We reserve the right to implement API testing and maintenance at our sole discretion. Engaging in any of the activities referenced in the first sentence of this paragraph without prior authorization is a prohibited material breach of these Terms and may subject violators to legal liability.
The Trio Platform. The Services facilitate interactions with the Protocols and Blockchains to allow individuals to, inter alia, bid on, purchase, trade, and sell NFTs. Orange Dollars Inc provides the Trio Platform located at trio.xyz, which is an interface to interact with the Protocols and Blockchains. The Services also allows users to create and deploy NFTs. You may participate in the Services by linking your external digital wallet(s) on supported bridge extensions, which allows you to purchase, store, and engage in transactions using cryptocurrency. Before putting up your unique digital asset for sale or putting in an offer to purchase a unique digital asset from another user, we will ask you to download a supported electronic wallet extension and connect and unlock your digital wallets with that extension. Once you submit an order to sell or purchase a unique digital asset, your order is passed on to the applicable extension, which completes the transaction on your behalf.
DISCLAIMER
Trio PLATFORM IS NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN ADMINISTRATIVE PLATFORM ONLY. Orange Dollars Inc FACILITATES TRANSACTIONS BETWEEN THE PURCHASER AND SELLER ON THE Trio PLATFORM BUT IS NOT A PARTY TO ANY AGREEMENT BETWEEN THE PURCHASER AND SELLER OF NFTs OR BETWEEN ANY USERS.
Transactions Are Conducted on the Blockchain. While Orange Dollars Inc offers a marketplace for NFTs, it does not buy, sell, transfer or take custody or possession of any NFTs, nor does it act as an agent or custodian for any user of the Services. Instead, each NFT that is listed for sale will be deposited into a blockchain-based smart contract to ensure that the purported seller owns such NFT. Each such NFT is released automatically upon consummation of its sale through the relevant Blockchain network. If you elect to mint, buy, or sell any NFTs, any transactions that you engage in will be conducted solely through the relevant Blockchain network governing such NFT. YOU WILL BE REQUIRED TO MAKE OR RECEIVE PAYMENTS EXCLUSIVELY THROUGH THE CRYPTOCURRENCY WALLET YOU HAVE CONNECTED TO THE TRIO PLATFORM. WE WILL HAVE NO INSIGHT INTO OR CONTROL OVER THESE PAYMENTS OR TRANSACTIONS, NOR DO WE HAVE THE ABILITY TO REVERSE ANY TRANSACTIONS. ACCORDINGLY, 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 IN VIA THE SERVICE. THERE MAY BE ROYALTIES ASSOCIATED WITH THE SECONDARY SALE OF ANY NFT. YOU ACKNOWLEDGE AND AGREE THAT THE PAYMENT OF ANY SUCH ROYALTY SHALL, IN CERTAIN CIRCUMSTANCES, BE PROGRAMMED TO BE SELF-EXECUTING VIA A BLOCKCHAIN NETWORK’S NONFUNGIBLE TOKEN STANDARD OR ANOTHER MEANS AND ORANGE DOLLARS INC DOES NOT HAVE ANY CONTROL OR ABILITY TO DIRECT SUCH FUNDS OR THE OBLIGATION TO COLLECT SUCH FEES.
Promotions Programs. Your participation in certain programs (e.g., promotions, sweepstakes, giveaways, contests, rewards programs, etc.) made available through the Trio Platform will be subject to additional terms and conditions specific to such programs as set forth by Orange Dollars Inc or the sponsor of each promotion or program.
Terms Applicable to Purchasers and Sellers. If you are using the Services to purchase NFTs, you are a “Purchaser,” and if you are using the Services to sell NFTs, you are a “Seller.” If you are either a Purchaser or Seller, you agree to the following additional terms:
Purchase Terms. Although the terms of sale for an NFT are displayed on the Trio Platform, all such terms are determined by the Purchasers and Sellers and the sale and purchase of NFTs are subject to such (e.g., with respect to the use of the NFT Content, as defined below or benefits associated with a given NFT) (“Purchase Terms”), including, but not limited to, the price to be paid for such NFT. Orange Dollars Inc is not a party to any such Purchase Terms, which are solely between the Purchaser and the Seller and is not responsible for ensuring compliance with such terms or mediating or resolving any disputes with respect to such Purchase Terms, including, but not limited to, any disputes arising out of or related to the authenticity of the NFT or any intellectual property rights associated with such NFT. The Purchaser and Seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms, and for resolving any disputes arising from any breach of any Purchase Terms. Seller must comply with and fulfill the Purchase Terms with respect to any NFTs that it sells. When you purchase an NFT through the Services, you own all personal property rights to the electronic record that comprises the NFT (i.e., the right to sell or otherwise dispose of that NFT). Unless expressly specified in the Purchase Terms, such rights, however, do not include the ownership of the intellectual property rights in any NFT Content.
Costs and Fees. Transactions on the Trio Platform may be subject to fees that Orange Dollars Inc collects to support the NFT creators and Trio Platform, as posted on the Site or otherwise set forth in these Terms. “Revenue” means the gross amount paid by the Purchaser of a sale of your NFT on the Trio Platform. You further agree to pay all other applicable fees, including Gas Fees and hosting fees, and you authorize Orange Dollars Inc to automatically charge you for any such fees or deduct such fees (including the Transaction Fee) directly from the amounts paid by the Purchaser or the amount received by Seller, at our discretion. The payments made to Creators do not include any Taxes (as defined below), and Orange Dollars Inc shall have no responsibility for payment of such Taxes regardless of the taxing authority. Each party shall be responsible for all Taxes imposed on its income or property. Sellers or Purchasers, as applicable, will be responsible for paying all such fees, Taxes, and Gas fees. In addition, interactions with the Blockchain may also result in transaction fees or Gas Fees (as defined below) imposed by the Blockchain, which are also solely your responsibility. “Gas fees” mean fees that fund the network of computers that run decentralized blockchain networks, meaning that you will need to pay a Gas Fee for each transaction that occurs via a blockchain network.
Revenue Share and Fees. If you are a Seller, will receive Revenue less the Transaction Fee for each initial sale of your NFT on the Trio Platform. “Transaction Fee” means the percentage of the Revenue generated from the sale of an NFT that is listed on the listing interface, as agreed by You, when determining to list your NFT for sale. The Transaction Fee may be, but is not required to be, the sale percentage for all sales of NFT and may be changed from time to time prior to being agreed to on the listing interface with respect to.
Terms Applicable to Creators. If you are using the Services to create and deploy NFTs or other digital assets, you are a “Creator” and agree to the following additional terms:
Royalties. If you are a Creator, in each sale by other Sellers following your initial sale of your NFT, you may receive the percentage of Revenue with respect to each such sale set forth in the applicable field of the NFT at the time of creation (“Artist Royalty Fee”).
NFT Content. As between Orange Dollars Inc and you, you shall continue to exclusively own all right, title and interest in and to the digital art embodied in the NFTs and any name, likeness, image, signature, voice and other identifiable characteristics included in the digital art embodied in the NFTs, creative assets you provide to Orange Dollars Inc, and your name, logos and trademarks, and all intellectual property rights in the foregoing (collectively, the “NFT Content”). Notwithstanding the foregoing, you grant to Orange Dollars Inc a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, license, with the right to sublicense through multiple tiers, to use NFT Content for the purpose of performing Orange Dollars Inc’s obligations under these Terms, including hosting the NFT Content and listing, marketing and facilitating the sale of the NFTs, and marketing or promoting the Services.
Creator Obligations and Perks. You shall obtain all rights to the NFT Content in connection with the use thereof by Orange Dollars Inc as contemplated in these Terms, and the awarding and administration of the benefits that you sell or list in connection with the sale of your NFT, as applicable, including, but not limited to: (i) clearing and obtaining any rights in connection with the NFT Content, including any music performance rights and payment of royalties to any performing rights organizations; (ii) acquiring any services or materials needed in connection with the NFTs and benefits offered to Purchasers; and (iii) the costs and compliance for the benefits, including as specified in the Purchase Terms.
Promotions Tool. The Services may enable you to administer a promotion (e.g., a contest or sweepstakes) (a “Promotion”) through the use of a promotions tool (a “Promotions Tool”). By using a Promotions Tool, you (a) agree to fully release Orange Dollars Inc from any liability in connection with the promotion, and (b) acknowledge and agree that a Promotion is not in any way sponsored, endorsed, or administered by Orange Dollars Inc unless agreed to in writing by you and Orange Dollars Inc.
Warranties. You represent and warrant to Orange Dollars Inc that (i) you have the full right, power and authority to grant the rights granted or agreed to be granted hereunder, including, but not limited to, fully cleared permissions, consents, rights and licenses to the NFT Content in these Terms; (ii) the NFT Content, the NFTs, and the listing and sale contemplated by these Terms, complies with all, and do not and will not violate any applicable law, statute, rule, or regulation, will be performed in accordance with the intended specifications and without material error, and will be delivered free and clear of any claims, liens or rights of third parties; (iii) the NFT Content and Orange Dollars Inc’s use thereof in accordance with these Terms does not and will not infringe any intellectual property rights of any third party or any right of privacy or publicity, or contain any libelous, defamatory, obscene or unlawful material, or otherwise violate or infringe any other right of any third party; (iv) you will fulfill your obligations under any terms with a Purchaser of the NFTs, as applicable; (v) any advertising or promotion of the NFTs by you or on your behalf will not constitute false, deceptive or unfair advertising or disparagement under any applicable laws and will not suggest a likely increase in value of the NFTs; and (vi) you will not use the proceeds retained from sales of the NFT, whether through the Trio Platform or any other platform for capital raising purposes.
Terms Applicable to the Software. Use of the Software is governed by these Terms. Orange Dollars Inc delivers the Software via download and we will not provide you with any tangible copy of the Software. Subject to your compliance with the Terms, Orange Dollars Inc grants you a non-assignable, non-transferable, non-sublicensable, revocable, and non-exclusive license to use the Software on computers or mobile devices you own or control solely for your personal or internal business purposes. Because the Software is locally installed, you are responsible for the security of the device on which it is installed, including ensuring that you keep anti-virus software current and otherwise protect the device on which the Software is installed against malware. You are responsible for securely maintaining any passwords or secret phrases that relate to your use of the Software. You acknowledge that certain methods of securing a secret recovery phrase, such as storing it as a digital file on your personal device or on a cloud storage provider, may increase the risk that your account or secret recovery phrase will be compromised. You further acknowledge that Orange Dollars Inc is not responsible for any theft of a secret recovery phrase, or loss or damages – including loss of funds or lockout from accounts accessed via the Software – resulting from your failure to keep the device on which the Software is installed safe and free of any malware. Orange Dollars Inc may not be able to recover passwords or unlock account information stored on the Software, including if the Software is compromised by malware on your computer, and it is your sole responsibility to take all reasonable precautions to secure and backup your copy of the Software and the information stored on it.
Updates. The Software and Services are evolving and you may be required to accept or install updates to the Software or Services, or update third-party software (i.e., browsers or OS) to keep using the Software or Services or access their latest features, including security updates. We may update the Software and Services at any time, without providing notice. It is your responsibility to ensure that you are using the most recent version of the Software at all times.
Price Alerts. By using a price alerts feature, you agree that price alerts are for informational purposes only. Price alerts may be delayed, limited or inaccurate and may not cover all assets. Orange Dollars Inc is not responsible for any customer losses caused by price alerts.
Terms Applicable to the Rewards Program. Orange Dollars Inc offers a cross chain rewards program to users of the Services (the “Rewards Program”). The Rewards Program is offered at our sole discretion. These terms, and rules, conditions, benefits or digital representations of your membership and participation in the Rewards Program (“Rewards”) may be modified at any time by Orange Dollars Inc with or without notice. Such changes may affect previously earned Rewards.
Eligibility and Enrollment. The Rewards Program is open to individuals who are eligible or choose to use the Services. The Rewards Program is intended for personal use only. Commercial use is prohibited. To enroll in the Rewards Program and begin accumulating Rewards, participants can begin by connecting their wallet and following the prompts on trio.xyz in relation to the Rewards Program. You may be required to provide an email address, wallet information or other details to receive certain Rewards.
How to Earn Rewards. You may accumulate Rewards for any qualifying transaction made on and after your date of enrollment in the Rewards Program. The number and type of Rewards you can earn will be dependent on a particular promotion, action or other experience in connection with the Services. We reserve the right to retroactively award Rewards not meeting these conditions at our sole discretion. Rewards may be subject to additional terms, conditions, restrictions or limitations, which may be disclosed along with the opportunity to earn or redeem the Rewards, and such terms may be added to these Rewards Terms from time to time.
Tracking Rewards. Rewards Program participants can view and track qualifying transactions and available Rewards by connecting their wallet and logging into their account on trio.xyz. We reserve the right to change the number of Rewards required to redeem certain benefits at our sole discretion at any time. Rewards may expire according to the details set out in the Rewards Program.
Using your Rewards and Special Offers. We may from time to time at our sole discretion make available to participants in the Rewards Program the opportunity to earn, use or redeem Rewards through special offers, challenges, bonuses, or other promotions. The terms and conditions applicable to any such special offers, challenges, bonuses or other promotions will be determined by us at our sole discretion and communicated to participants along with any such offers in connection with the Services. Because any terms and conditions associated with any special offers, challenges, bonuses or other promotions, whether under the Rewards Program or as part of standalone promotion or product offering, may be different from or in addition to provisions of these Terms, you should read any such special offer terms and conditions carefully before participating in any special offer.
Limitations, Restrictions, and Other Terms. Orange Dollars Inc’s determinations of participant eligibility or any questions or disputes arising under the Rewards Program shall be final and binding and not subject to challenge or appeal. Other than as set forth in the Dispute Resolution section of these Terms, nothing will limit Orange Dollars Inc from exercising any legal or equitable rights or remedies that it may have. Without notice to you, Orange Dollars Inc reserves the right to suspend and/or terminate any aspect of the Rewards Program and/or your participation in the Rewards Program if we determine at our sole discretion that you have violated these Terms, or that the use of the Rewards Program is unauthorized, deceptive, fraudulent, unlawful, or intentionally subverts the purposes of these Terms. In the event that your participation in the Rewards Program is terminated, then all accumulated Rewards may be voided at our discretion. There are no membership fees associated with the Rewards Program, although use of online services in conjunction with participation in the Rewards Program may result in data charges, internet access fees or similar expenses.
Revisions to Rewards. Orange Dollars Inc reserves the right to modify, amend or revise the Rewards that are made available. The number of Rewards required for redemption may be increased, any prize may be withdrawn, and restrictions on any prize or its redemption may be imposed by Orange Dollars Inc. Orange Dollars Inc is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems including blockchain systems, servers, or providers, computer equipment, software, failure of any e-mail as a result of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any resulting error in computing qualifying transactions or any unavailability of Rewards, or any injury or damage to any participant's or any other person's computer or mobile device related to or resulting from participation in the Rewards Program. If, for any reason, the Rewards Program is not capable of running as planned, including due to errors of any kind or nature, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Orange Dollars Inc which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Rewards Program, Orange Dollars Inc reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Rewards Program or otherwise respond to the circumstances as we deem appropriate.
Changes to the Rewards Program. Orange Dollars Inc reserves the right to change, update and/or discontinue, in whole or in part, either temporarily or permanently, the Rewards Program or any portion of the Rewards Program, all or any portion of these Terms, and/or any policy, FAQ, guidelines or disclosures pertaining to the Rewards Program, at any time at its sole discretion and without advance notice to you or any other participants. Unless otherwise specified, any changes or modifications will be effective immediately upon posting revisions to our Terms, and you waive any right you may have to receive specific notice of such changes or modifications. If you continue to participate in the Rewards Program by earning Rewards and redeeming your Rewards, or otherwise participating in the Rewards Program in any way after a change to these Terms, you will be deemed to have read, understood and unconditionally consented and agreed to such changes. Orange Dollars Inc will not be liable to you in the event of any modification, suspension or discontinuance of the Rewards Program.
Taxes. You are solely responsible for all costs incurred by you in using the Services and determining, collecting, reporting and paying all applicable Taxes. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges that you may be required by law to collect and remit to governmental agencies, other similar withholdings, and personal or corporate income taxes. You are solely responsible for maintaining all relevant Tax records and complying with any reporting requirements you may have as related to the Services. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the Services. We reserve the right to report any activity occurring using the Services to relevant tax authorities as required under applicable law.
Suspension or Termination. We may suspend or terminate your access to the Services at any time in connection with any transaction as required by applicable law, any governmental authority, or if we at our sole and reasonable discretion determine you are violating these Terms or the terms of any third-party service provider. Such suspension or termination shall not constitute a breach of these Terms by Orange Dollars Inc. In accordance with our anti-money laundering, anti-terrorism, anti-proliferation financing, anti-fraud, sanctions and other compliance policies and practices, we may impose reasonable limitations and controls on the ability of you or any beneficiary to utilize the Services. Such limitations may include where good cause exists, rejecting transaction requests, freezing funds, or otherwise restricting you from using the Services.
Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Your Content.
Posting Content. The Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. User Content may include NFT Content. Orange Dollars Inc does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Orange Dollars Inc on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. You can remove certain of your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make, or your NFT Content) may not be completely removed and copies of your User Content may continue to exist on the Services or NFT. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Orange Dollars Inc’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
Acceptable Use Policy and Orange Dollars Inc’ Enforcement Rights. You agree not to do any of the following:
No Obligation to Monitor. Orange Dollars Inc is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. The sale of stolen assets, assets taken without authorization, and otherwise illegally obtained assets on the Service is prohibited. If you have reason to believe that an asset listed on the Service was illegally obtained, please contact us immediately. Listing illegally obtained assets may result in your listings being canceled, your assets being hidden, or you being suspended from the Services.
Copyright Policy. Orange Dollars Inc respects copyright law and expects its users to do the same. It is Orange Dollars Inc’s policy to terminate in appropriate circumstances users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Links to Third Party Websites or Resources. The Services (including the Apps) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources, websites, or links displayed on such resources or websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources or websites.
Termination. Notwithstanding anything contained in these Terms, we may suspend, modify or terminate your access to and use of the Services and the applicability of these Terms at our sole discretion, at any time and without notice to you. You may disconnect your digital wallet at any time. You acknowledge and agree that we shall have no liability or obligation to you in such an event and that you will not be entitled to a refund of any amounts that you have already paid to us or any third party, to the fullest extent permitted by applicable law. Upon any termination, discontinuation or cancellation of the Services, any clauses clearly intended to survive termination shall survive.
Warranty Disclaimers. THE SERVICES, INCLUDING THE SOFTWARE, PROMOTIONS TOOL, ANY CONTENT CONTAINED THEREIN, AND ANY NFTS (INCLUDING ASSOCIATED NFT CONTENT) LISTED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. Orange Dollars Inc (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (III) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. Orange Dollars Inc DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AS TO THE SERVICES, ANY CONTENT CONTAINED THEREIN AND ANY NFTS LISTED THEREIN.
WE FURTHER EXPRESSLY DISCLAIM ALL LIABILITY OR RESPONSIBILITY IN CONNECTION WITH THIRD PARTY SERVICES. NOTHING HEREIN NOR ANY USE OF THE SERVICES IN CONNECTION WITH THIRD PARTY SERVICES CONSTITUTES OUR ENDORSEMENT, RECOMMENDATION OR ANY OTHER AFFILIATION OF OR WITH ANY THIRD PARTY SERVICES.
Orange Dollars Inc DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SERVICES. WHILE Orange Dollars Inc ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONTENT THEREIN SAFE, Orange Dollars Inc CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, ANY CONTENT THEREIN, ANY NFTS LISTED THEREIN, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY.
Orange Dollars Inc WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED WALLET ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) BLOCKCHAIN NETWORKS, CRYPTOCURRENCY WALLETS OR CORRUPT FILES; (IV) UNAUTHORIZED ACCESS TO SERVICES; OR (V) ANY THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK.
NFTS ARE INTANGIBLE DIGITAL ASSETS. THEY EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE APPLICABLE BLOCKCHAIN NETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSET OCCURS ON THE DECENTRALIZED LEDGER WITHIN SUCH BLOCKCHAIN NETWORK. WE DO NOT GUARANTEE THAT WE CAN AFFECT THE TRANSFER OF TITLE OR RIGHT IN ANY NFTS OR OTHER DIGITAL ASSETS, OR THAT ANY ASSOCIATED PAYMENT WILL BE SUCCESSFUL.
YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY, LEGITIMACY, AND AUTHENTICITY OF ASSETS YOU PURCHASE THROUGH THE SERVICES. NOTWITHSTANDING INDICATORS AND MESSAGES THAT SUGGEST VERIFICATION, Orange Dollars Inc MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ASSETS ON THE SERVICES.
THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, BUT NOT LIMITED TO, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SERVICES AND/OR TELECOMMUNICATIONS INFRASTRUCTURE OR DISRUPTION, AND THEREFORE WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE OF THE SERVICES CAUSED BY SUCH FACTORS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
Assumption of Risk. You accept and acknowledge:
Indemnity.
You will indemnify and hold Orange Dollars Inc and its officers, directors, employees and agents, harmless from and against any and all claims, disputes, demands, liabilities, damages, losses, and costs and expenses (including, without limitation, reasonable legal and accounting fees) arising out of or in any way connected with (a) your access to or use of the Services, (b) your NFT Content, or (c) your violation of these Terms. You may not settle or otherwise compromise any claim subject to this Section without Orange Dollars Inc’s prior written approval.
You will indemnify and hold harmless Orange Dollars Inc and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your breach of your representations and warranties.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Orange Dollars Inc SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Orange Dollars Inc OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF Orange Dollars Inc AND ITS AGENTS, REPRESENTATIVES, AND AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU FOR USE OF THE SERVICES OR ONE HUNDRED U.S. DOLLARS (US$100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO Orange Dollars Inc, AS APPLICABLE.
Governing Law and Forum Choice. These Terms and any action related thereto will be governed by and construed in accordance with the laws of Panama, without regard to or application of conflict of law rules or principles. Except as otherwise expressly set forth in “Dispute Resolution,” herein the exclusive jurisdiction for all Disputes (defined below) that you and Orange Dollars Inc are not required to arbitrate will be in the courts located in Panama, and you and Orange Dollars Inc each waive any objection to jurisdiction and venue in such courts.
Dispute Resolution.
Informal Resolution of Disputes. You and Orange Dollars Inc must first attempt in good faith to resolve any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) informally. Accordingly, neither you nor Orange Dollars Inc may start a formal arbitration proceeding or file a claim in court for at least sixty (60) days after one party notifies the other party of a claim in writing (the “Informal Dispute Resolution Period”). As part of this informal resolution process, you must deliver your written notices via hand or courier service to us at Orange Dollars Inc., Torre 37E, Piso 10-Oficina 1003, Santa María Business District, Panamá, República de Panamá (the “Notice of Claim”). The Notice of Claim shall include both the mailing address and email address you would like Orange Dollars Inc to use to contact you. If Orange Dollars Inc elects to send you a Notice of Claim, it will send, by registered mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by Orange Dollars Inc, must (a) describe in full the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought.
Small Claims; Mandatory Arbitration of Disputes.
You and Orange Dollars Inc agree that:
General Terms.
Reservation of Rights. Orange Dollars Inc and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of Panama and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Disclosures. You acknowledge and agree that there may be circumstances that arise (including related to your purchase or selling activities on the Site) which may create actual or potential conflicts of interests between your interests and others’ interests, including the interests of other users, counterparties, or Orange Dollars Inc. Orange Dollars Inc maintains a conflicts of interest policy to assist its handling of any actual or potential conflicts of interests. If there are circumstances where there is an actual or potential conflict of interest between yourself and Orange Dollars Inc, Orange Dollars Inc will take reasonable steps to ensure you are treated fairly. You acknowledge and agree that Orange Dollars Inc and our affiliates have discretion to maintain commercial relationships with third parties (including liquidity providers or executing dealers). Such third parties may transact with you on any purchase or sale activities by you, and Orange Dollars Inc and/or our affiliates may derive financial and other benefits from such relationships.
Severability. If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Orange Dollars Inc and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Orange Dollars Inc and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Orange Dollars Inc’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Orange Dollars Inc may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices. Except as otherwise set forth in “Dispute Resolution”, any notices or other communications provided by Orange Dollars Inc under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Waiver of Rights. Orange Dollars Inc’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Orange Dollars Inc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any questions about these Terms or the Services, please contact Orange Dollars Inc at info@ordinalsbot.com.
Data Protection. Any personal data that we collect (or is collected by third parties on our behalf) will be processed in accordance with Panama Law No. 81 of March 26, 2019, (as amended). You agree that all personal data provided to us or third parties on our behalf is provided under applicable laws and regulations, including, without limitation, those relating to privacy or the use of personal data. You acknowledge receipt of our privacy notice and agree to promptly provide the privacy notice (or any updated version thereof as may be provided from time to time) to each individual (such as any individual directors, shareholders, beneficial owners, authorized signatories, trustees or others) whose personal data that you provide to us or any of our affiliates or delegates.
NO VIRTUAL ASSET SERVICE. YOU ACKNOWLEDGE AND AGREE THAT NFTS ARE NOT CONSIDERED TO BE “VIRTUAL ASSETS’ AND THAT OUR PROVISION OF THE SERVICES DOES NOT CONSTITUTE A “VIRTUAL ASSETS SERVICE’.
Not Registered with the Financial Services Supervisory Authorities. We are not licensed with, or registered by, the supervisory authorities in Panama as a virtual asset service provider, or in any other capacity. You understand and acknowledge that we do not provide virtual asset services as defined under the FATF Guidance for a Risk-Based Approach to Virtual Assets and Virtual Asset Service Providers.
Third Party Rights. Except as expressly provided herein, a person who is not a party to these Terms shall not have any rights under the Contracts (Rights of Third Parties) Act (as amended) to enforce any term of these Terms. Notwithstanding any term of these Terms, the consent of or notice to any person who is not a party to these Terms shall not be required for any termination, rescission or agreement to any variation, waiver, assignment, novation, release or settlement under these Terms at any time.
