Terms and Conditions
Last Updated:
February 8, 2023
Nowhere Labs Inc., also known as “The Order of Ink” (“The Order of Ink”) is a web3 platform featuring a collective of digital tattoo art as non-fungible tokens available on the Ethereum network blockchain (“NFT(s)”) which supports Tattoo Artists (“Tattoo Artist(s)”).
These Terms and Conditions (the “Terms”) describe the specifications on which any holder (referred to herein as “you”, “your”, or a “Holder(s)”) may use, browse; or mint, purchase, or receive a drop of an NFT on The Order of Ink’s website and any related platform (the “Platform”). By using this Platform or minting your NFT, you accept all of the policies and notices stated herein.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY BE APPLICABLE. YOU SHOULD ALSO CAREFULLY REVIEW THE ORDER OF INK’S PRIVACY POLICY BEFORE USING THE PLATFORM AND PURCHASING AN NFT.
BY USING THIS PLATFORM AND/OR PURCHASING AN NFT, YOU AGREE TO BE BOUND BY THESE TERMS. DO NOT USE THIS PLATFORM AND/OR PURCHASE AN NFT IF YOU (A) DO NOT AGREE TO THESE TERMS; OR (B) ARE PROHIBITED FROM ACCESSING OR USING NFTS BY APPLICABLE LAW.
Any new features, tools, or other offerings later added on the Platform or in connection with your NFT shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. The Order of Ink reserves the right to update, change, or replace any part of these Terms at any time by posting updates and/or changes at its sole discretion. It is your responsibility to check this page periodically for changes.
NFT Tiers and Payments
When minting an NFT through The Order of Ink Platform, you will be receiving a unique tattoo design created by a Tattoo Artist curated specifically by The Order of Ink. Each NFT will have specific utilities, rarities, and access based on the tiers outlined on the Platform.
Ownership
When minting an NFT, you own the NFT as a digital asset and the Tattoo Artist maintains all intellectual property and ownership rights to the tattoo art.
The Order of Ink is a collection that respects the integrity of its Tattoo Artists and the Holders of the NFTs. For the avoidance of doubt, The Order of Ink has entered into separate contractual agreements with each Tattoo Artist to bind the ownership structure, exclusivity, the originality of all tattoo art on each NFT, and any relevant licenses including transferability.
Ownership and Copyright of Tattoo Art. The Tattoo Artist that created the tattoo art associated with the NFT shall maintain all ownership and copyright to the tattoo art itself. The Tattoo Artist cannot sell, transfer, or create another exact version of the NFT. The Tattoo Artist will always be named as the creator or artist of the tattoo art and guarantees the originality of any tattoo art.
Ownership of NFT. By purchasing an NFT from The Order of Ink, you have exclusive ownership to that NFT as a digital asset. Each NFT is on the Ethereum blockchain, and the NFT is governed entirely by a smart contract and the Ethereum Network, and at no point may the ownership of the NFT be modified unless you choose to transfer it.
License to Intellectual Property and Copyright. The Order of Ink maintains an exclusive license to the Tattoo Art itself which cannot be resold or transferred by the Tattoo Artist.
Use of NFT and Limitations
Personal Use. By purchasing the NFT, The Order of Ink and that Tattoo Artist understand and agree that you have a worldwide, royalty-free, non-exclusive, license to use and make copies of the tattoo art on your NFT for the following purposes: (a) your own personal use; (ii) as part of a marketplace that permits the transfer, sale, or display of your NFT, providing that the marketplace cryptographically verifies each NFT owner’s rights to display the tattoo art; (c) as part of a third party website, social media platform, as a profile picture (pfp), or physical space that allows you to display the tattoo art; or (d) in relation to any of The Order of Ink’s utility offerings.
Commercial Use. For any commercial use, such as the ability to sell merchandise or create physical art, you understand and agree that you must contact The Order of Ink to receive approval and enter into a licensing deal for the commercial purpose. All licensing deals may be subject to a royalty and/or commission structure subject to The Order of Ink’s discretion. Any violation of this clause may result in legal damages.
Limitations. For any Personal Use or Commercial Use of the NFT, you understand and agree that you cannot modify the tattoo art. In order to maintain a level of exclusivity and integrity, you understand and agree you have the unique ability to seek permission from The Order of Ink to communicate with the Tattoo Artist to get the Tattoo Art tattooed on your physical body. Please note that you are not permitted to get the Tattoo Art tattooed unless you receive written approval from the Tattoo Artist that they, or another approved tattoo artist, may tattoo the Tattoo Art on your physical body. Separately, the Tattoo Artist who designed the NFT does not have the ability to tattoo the Tattoo Art on any other physical body unless they otherwise receive your written permission.
You understand and agree that you will not use the NFT tattoo art for Personal Use or Commercial Use in connection with anything unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive or otherwise objectionable or unreasonable or infringing upon any laws or regulations or intellectual property rights or proprietary rights or confidentiality obligations and you shall indemnify and defend The Order of Ink against any claims, damages, proceedings, loss or costs arising from such use. Holder shall not use the NFT in any way that could be construed as being adverse or derogatory to the image of The Order of Ink or any of the tattoo art featured in the NFTs.
Accreditation. With any use of your NFT as outlined in these Terms, you agree that you will accredit the Tattoo Artist as the artist that created the tattoo art associated with your NFT. When exercising your Personal or Commercial rights, you understand and agree that you will accredit The Order of Ink.
Intellectual Property Rights. Other than the rights to your NFT outlined in these Terms, nothing herein gives you the right to any other trademarks or intellectual property rights associated with the tattoo art itself, the Tattoo Artist, and The Order of Ink. In the event you discover an issue regarding the originality of the tattoo art on your NFT, you understand that The Order of Ink shall not maintain any liability and all disputes related to the copyright and originality of the tattoo art shall be handled directly with the Tattoo Artist.
Sell or Transfer of NFT on Secondary Market
You have the ability to sell and/or transfer your NFT to a new purchaser at any time on an Ethereum backed secondary market. For the avoidance of doubt, all listings shall be on a marketplace that cryptographically verifies ownership through a smart contract.
Once your NFT is sold and/or transferred, all of your rights as a Holder as outlined in these Terms shall terminate and be assigned to a new holder.
You understand that by minting an NFT through The Order of Ink Platform or by purchasing an NFT on the secondary market that The Order of Ink makes no guarantees that you will obtain any financial gain due to the nature of cryptocurrency.
Fees and Payments
If you elect to mint an NFT on the Platform, any financial transactions that you engage in will be conducted solely through the Ethereum network. The Order of Ink will have no insight into or control over these payments or transactions other than through the Smart Contract, nor will we have the ability to reverse any transactions. The Order of Ink 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 Ethereum network. For the avoidance of doubt, The Order of Ink will not be able to provide any refunds for any purchase of NFTs.
After you purchase the initial mint of your NFT, you understand that The Order of Ink maintains no future liability to you, your NFT, and any sale on the secondary market. Any sale and/or transfer is governed by a smart contract.
Ethereum requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs on the Ethereum network. The Gas Fee funds the network of computers that run the decentralized Ethereum network. This means that you will need to pay a Gas Fee for each transaction.
Transfer of Liability and Assumption of Risk
You acknowledge that The Order of Ink is both a primary sales platform for the initial mint of any NFT as well as a collective that supports Tattoo Artists, Holders, and individuals interested in these topics that are users of the Platform.
After you mint your NFT or receive an NFT, you understand that The Order of Ink maintains no future liability to you or your NFT regarding its sale or transfer on the secondary market which will be exclusively governed by a smart contract. Please be aware that due to the nature of NFTs and cryptocurrency, you understand that the prices are volatile and can impact the price of your NFT both positively and negatively. Given this volatility, any NFT purchase should not be considered a financial investment. You assume all risks in connection with any investment and capital gains or losses.
No information provided by The Order of Ink, its community, or on the Platform should be considered professional advice, which includes but is not limited to, financial, business, legal, or personal advice. You assume all risks associated with any of the information you receive.
Nothing on the Platform or any information provided by The Order of Ink should be considered an invitation to purchase shares, securities, or other financial products. You assume all risks associated with using an internet-based currency, including, but not limited to, the risk of hardware, software, internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet.
Cryptocurrency, NFTs, Web3, and blockchain technology are relatively new and the regulatory landscape is unsettled. New regulations could negatively impact such technologies which may impact the value of your NFT. You understand and accept all risks in that regard.
You assume all responsibility for any adverse effects or disruptions or other issues impacting Ethereum or the Ethereum platform.
You represent and warrant that when minting an NFT on the Platform, that at all times (a) the information you provide will be true, current, and complete; and (b) you will keep your e-mail address and any other relevant information up-to-date. The Order of Ink is not responsible for any errors made by you when entering your personal information on the Platform and/or minting an NFT.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT THE ORDER OF INK WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE PLATFORM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $500.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE THE PLATFORM AVAILABLE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. WE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU WITHOUT THESE LIMITATIONS.
Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM IS AT YOUR SOLE RISK, AND THAT THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ORDER OF INK MAKES NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SITE AND ANY PART OF IT (INCLUDING, WITHOUT LIMITATION, THE PLATFORM, ANY SMART CONTRACT, OR ANY EXTERNAL WEBSITES), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ORDER OF INK, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR ACCESS TO OR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) USAGE DATA PROVIDED THROUGH THE PLATFORM WILL BE ACCURATE, (D) THE PLATFORM OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (E) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE PLATFORM WILL BE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR WILLFUL MISCONDUCT. THIS INCLUDES ANY PHISHING SCAMS, HACKERS, OR FALSE COERCIONS TO TRANSFER YOUR NFT.
THE ORDER OF INK WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE OF THE ETHEREUM NETWORK NOR DO WE HAVE NO CONTROL OVER AND MAKE NO GUARANTEES REGARDING ANY SMART CONTRACTS.
General Conditions of Use
By agreeing to these Terms, using the Platform, and minting an NFT you represent that you are at least eighteen (18) years of age or older. Minors may use the Platform and purchase an NFT under the supervision of their parents or a legal guardian who has agreed to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms on behalf of a minor, then you are fully responsible for that minor, including all liabilities.
You consent to receiving communications from The Order of Ink, including but not limited to, e-mails, text messages, and/or calls regarding new mint drops, giveaways, and any updates to The Order of Ink’s policies, advertisements and marketing promotions, and any other relevant information.
The Order of Ink reserves the right to refuse access to anyone at any time for any reason, including but not limited to, any breach or violation of these Terms at its own discretion. The Order of Ink reserves the right, but does not have any obligation, to pre-screen, refuse, and/or delete any content from its Platform.
You may not use the Platform for any illegal or unauthorized purpose, nor may you violate any laws, rules, or regulations in your jurisdiction while using the Platform or making a purchase thereon. You agree not to use the Platform and/or the NFTs for the purpose of any harmful or deceitful conduct, including, but not limited to, the following: (a) causing harm to minors in any manner whatsoever; or (b) impersonating any individual or entity, or otherwise misrepresenting any affiliation with an individual or entity.
Disputes
The Order of Ink aims to respectfully respond to all questions, comments, and concerns regarding the Platform, the utility of the NFTs, and any related or resulting disputes. Please contact The Order of Ink directly via email at info@theorderofink.com, and one of our team members shall address any issues or concerns on a case-by-case basis.
Termination or Suspension
Regardless of whether you are a Holder of an NFT, you understand that The Order of Ink may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your access to the Platform, utilities of the NFT, and its community at its sole discretion, for any reason, including but not limited to:
Any breach or violation of these Terms or any other incorporated agreement, regulation, or guideline;
By way of request from law enforcement or any other governmental agencies;
The discontinuance, alteration, or material modification of the Platform, or any part thereof; and/or
Any engagement by you in any fraudulent or illegal activities.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at The Order of Ink’s sole discretion and that it shall not be liable to you or any other third party with regards to any termination of access to the Platform and any utilities.
Accuracy, Completeness, and Timeliness of Information
You understand the roadmap, goals, timelines, mint drops, utilities and giveaways are all projections which can change from time to time. The Order of Ink shall not be held responsible if the information made available on the Platform is not accurate, complete, or current. For clarity, you are relying on any information found on the Platform is at your own risk.
The Order of Ink reserves the right to modify or update the contents of the Platform, including any NFT utility, at any time but has no obligation to do so. You agree that it is your responsibility to monitor the Platform for any changes that may occur. The Order of Ink strives to display accurate price information, however The Order of Ink may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. The Order of Ink reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Intellectual Property & Proprietary Rights
The Order of Ink owns, solely and exclusively, all right, title, and interest in and to the Platform; all content, software code, data, the look, feel, design and organization of the Platform; and the compilation of the content, code, data, and materials on the Platform, including but not limited to any intellectual property and/or proprietary rights. The Order of Ink reserves all rights in and to the Platform not granted expressly in these Terms. You acknowledge and agree that you will not sell, distribute, transmit, broadcast, publicly perform and/or create any plagiaristic works which are based on The Order of Ink’s Platform, in whole or in part, or on Order of Ink’s NFTs.
If you post, upload, or make available any photos, videos, or materials regarding your use of the Platform and/or your use or purchase of your NFT on any other website, blog, article, or social media website (“Your Content”), you hereby grant The Order of Ink a perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable, transferable (in whole or part), worldwide license to use Your Content all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve Your Content or any use of Your Content. None of Your Content will be subject to any obligation on our part, whether of confidentiality, attribution or otherwise, and we will not be liable for any use or disclosure of any Your Content.
Dispute Resolution; JAMS
If a controversy or claim should arise, you and The Order of Ink (the “Parties”) will attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the Parties will attempt in good faith to resolve the controversy or claim in accordance with mediation. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party will not participate in mediation, then the controversy shall be settled by binding arbitration administered by JAMS International Arbitration Rules excluding rules or procedures governing or permitting class actions. The written decision of the arbitrator shall be binding and conclusive on the Parties. If a party does not respond to a request to negotiate or arbitrate, the non-breaching party may file a claim in court.
Notices
The Order of Ink may provide any notice to you under these Terms by: (a) sending a message to the e-mail address you provided; or (b) by posting directly to the Platform. Notices sent by e-mail will be effective on the date the e-mail is sent, and notices that are posted on the Platform will be effective upon posting. It is your responsibility to keep your e-mail address current and review any new notices on the Platform.
To provide The Order of Ink notice under these Terms, you must contact us by e-mail, personal delivery, overnight courier, or by certified mail. Notice provided by e-mail shall be effective upon being sent. Notice provided by personal delivery shall be effective immediately. Notice provided by overnight courier shall be effective one (1) business day after it is sent. Notice provided by certified mail shall be effective three (3) business days after it is sent.
Miscellaneous
Indemnification. By using the Platform or purchasing an NFT, you agree to indemnify, defend, and hold harmless Order of Ink (and its parent, subsidiary, associated and affiliated companies, including each of their respective officers, directors, agents and employees) from and against all damages, costs, reasonable attorney’s fees and expenses based upon, arising out of or in connection with: (a) any breach or alleged breach of any representation or warranty by The Order of Ink; (b) any unauthorized use of your information; or (c) any other actual or alleged unauthorized action by Order of Ink, including without limitation, a breach of any term of these Terms. The obligation for indemnification shall survive.
Privacy Policy. The Order of Ink respects your privacy and is committed to protecting it. To learn more please visit the Privacy Policy available on the Platform, which governs the processing of all personal data collected from you in connection with your use of the Platform. You acknowledge and consent to the collection and use of your personal information by The Order of Ink.
Governing Law and Jurisdiction. The Platform is operated from the United States of America. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. The governing jurisdiction for any dispute shall be the State of Delaware.
Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Waiver. The failure by The Order of Ink to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of The Order of Ink.
Force Majeure. The Order of Ink will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
These Terms and the Platform’s Privacy Policy will be deemed the final and integrated agreement between you and The Order of Ink on the matters contained in these Terms. You may also be subject to additional terms that may apply when you use or make a purchase on the Platform. You acknowledge and agree that these Terms are binding and shall govern the relationship between Order of Ink and you in connection to the use of the Platform and NFTs as defined herein.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action against The Order of Ink arising out of or related to the use of the Platform, NFTs, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions, please contact Order of Ink:
E-mail: info@theorderofink.com