Terms of Use

Last Updated: March 5, 2024

1. Introduction and Acceptance

Welcome to Inscribe.io (the "Site"), owned and operated by peach.xyz, a Delaware corporation (“Peach ,” "Inscribe.io ," "we ," "us", or "our"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms"), govern your access and use of the Site, and any content, features, functionality, and services offered on or through the Site, including without limitation, using the Site to view, explore, and create ordinal inscriptions, and using our tools, at your own discretion, to connect directly with others to purchase, sell, or transfer inscriptions on public blockchains (collectively, the "Service"). For purposes of these terms, "inscription" means a piece of data associated with a unit of Bitcoin called a Satoshi. 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SERVICE AS THESE TERMS CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 15 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT.

BY USING THE SERVICE AND CLICKING TO ACCEPT THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE, INCLUDING THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICE.

2. Changes to Terms of Use; Additional Terms

Inscribe.io reserves the right to change or modify these Terms at any time and in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the "Last Updated" date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time, to view such changes, and ensure that you understand the terms and conditions that apply when you access or use the Service.

Because we have a growing number of services, we sometimes need to provide additional terms for specific services (and such services are deemed part of the "Service" hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant service, then become part of your agreement with us if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.

3. Service Overview and Site Access

Overview

Inscribe.io is not a wallet provider, exchange, broker, financial institution, or creditor. Inscribe.io provides a peer-to-peer web3 service that helps users discover and directly interact with each other and inscriptions available on public blockchains (Bitcoin). We do not have custody or control over the Inscriptions or blockchains you are interacting with, and we do not execute or effectuate purchases, transfers, or sales of Inscriptions. To use our Service, you must use a third-party wallet (e.g., Xverse) which allows you to engage in transactions on blockchains.

Inscribe.io is not party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of inscriptions that you purchase from third-party sellers using the Service and we make no claims about the identity, legitimacy, functionality, or authenticity of users or inscriptions (and any content associated with such inscriptions) visible on the Service.

Account

You will need a blockchain address and a third-party wallet to access the Service. Your blockchain address functions as your identity on the Site. You may, but are not required to, create a Inscribe.io user account to use the Service. For purposes of these Terms, your blockchain address or account created on Inscribe.io are hereafter referred to as your "Account." Your Account will be associated with your linked blockchain address and display the inscriptions for that blockchain address (and, if applicable, any content associated with such inscriptions).

Eligibility

You must be at least 18 years old to use the Service. If you are at least 13 years old but under 18 years old, you may only use the Service through a parent or guardian's Account and with their approval and oversight, and the parent or guardian Account holder is responsible for your actions using the Account. It is prohibited to use our Service if you are under 13 years old.

Privacy

All information we collect on this Site and through the Service is subject to our privacy policy (the "Privacy Policy"). By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Your Responsibility

You represent and warrant that all the information that you provide in order to use the Service is true, accurate, current, and complete. You understand that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences including any loss or damage which we may suffer) of any such breach.

Compliance with Law

You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal, and other laws) when using the Service. Without limiting the foregoing, by using the Service, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you have not been identified as a Specially Designated National (as that term is defined by the Office of Foreign Assets Control of the U.S. Department of the Treasury) or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties. We make no claims regarding our Site outside of the United States. If you access or use the Service outside the United States, you do so at your own risk and you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.

Inscribe.io may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, Inscribe.io, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by Inscribe.io. If you do not provide complete and accurate information in response to such a request, Inscribe.io may refuse to restore your access to the Service.

Access Limitations

You shall be solely responsible for providing, maintaining and ensuring compatibility with the Service access requirements, all hardware, software, electrical or other physical requirements for your use of the Service, including without limitation, mobile devices, telecommunications and Internet service provider access, connections, links, web browsers or other equipment, programs and services required to access the Internet or the Service. You acknowledge and agree that from time to time the Service may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs; or (iii) other causes beyond our control. Additionally, because the Service is accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications service provider or other technological access requirements. We are not responsible for any third-party access requirements (e.g., your ISP).

4. User Restrictions

You agree that you will not violate any law, contract, intellectual property, or other third-party right, and that you are solely responsible for your conduct and content while accessing or using the Service. You also agree that you will not:

We reserve the right to take action, with or without advance notice, if we believe you have violated these Terms, including the restrictions set forth above. This may include but is not limited to: (a) removing the ability to view certain inscriptions on the Service or use our Service to interact with the inscriptions; (b) disabling the ability to use the Service in conjunction with buying/selling/transferring inscriptions available on blockchains; (c) disabling your ability to access our Service; and/or (d) other actions.

You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any inscription, collection, or account that you view or otherwise interact with in conjunction with our Service. We make no guarantees or promises about the identity, legitimacy, or authenticity of any inscription, collection, or account on the Service.

5. Third-Party Providers, Content, and Transactions

Inscribe.io Third-Party Service Providers

You acknowledge that our contracts with third party suppliers, licensors, developers, application and data hosting providers, wireless network services, and other technology services providers to provide the Site's functionality and the Service ("Third Party Providers"). For example, all user data and user content is stored at computer data centers operated and maintained by Third Party Providers. We are responsible for ensuring that the Third-Party Providers abide by these Terms. We are solely responsible for monitoring and supervising all necessary work of the Third-Party Providers.

Hyperlinks

The Service may also contain links or functionality to access or use third-party websites and applications, or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties. Any third party links provided in the Site are provided solely for your convenience. We do not review, endorse nor make any representations about such sites, and your use of these sites is at your own risk. You agree that we will not be responsible or liable under any circumstances or theories, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with your use or reliance on these third party sites.

Wallet

By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Inscribe.io, and Inscribe.io does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Inscribe.io accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us via email at support@peach.xyz if you discover or otherwise suspect any security issues related to the Service or your Account.

Third-Party Content and Transactions

As a peer-to-peer web3 service, Inscribe.io helps you explore inscriptions created by third parties and interact with different blockchains. Inscribe.io does not make any representations or warranties about this third-party content visible through our Service, including any content associated with inscriptions displayed on the Service. We make no claims about the identity, legitimacy, functionality, or authenticity of users or inscriptions. You bear responsibility for verifying the legitimacy, authenticity, and legality of inscriptions that you purchase from third-party sellers using the Service. We also cannot guarantee that any inscriptions visible on Inscribe.io will always remain visible and/or available to be bought, sold, or transferred.

Inscribe.io is not a party to any agreement between users. Inscriptions may be subject to terms directly between buyers and sellers with respect to the use of the inscription content and benefits associated with a given inscription ("Purchase Terms"). For example, when you click to get more details about any of the inscriptions visible on Inscribe.io, you may notice a third party link to the creator's website. Such website may include Purchase Terms governing the use of the inscriptions that you will be required to comply with. Inscribe.io is not a party to any such Purchase Terms, which are solely between the buyer and the seller of the subject inscriptions. The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Purchase Terms. You are solely responsible for reviewing such Purchase Terms.

6. Intellectual Property Rights

Ownership of the Service

The Service and its entire contents, features, and functionality, including, but not limited to, the "look and feel" of the Service, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files, are protected by copyright owned or licensed by us and our logo and all other logos used in association with the Service are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works. You may not use any metatags or other "hidden text" utilizing "Inscribe.io" or any other name, trademark, service mark, or product or service name of Inscribe.io or our affiliates or licensors without our prior written permission. You shall have no rights or interests therein except as set forth in these Terms. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Site or the information provided therein.

License to Access and Use Our Service and Content

You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, and personal license to access and use the Service; provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right, and license to access and display such software, content, and materials provided to you as part of the Service, in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any inscriptions is solely as set forth by the applicable seller or creator of such inscription.

Account Profile

We provide you with the ability to customize and curate your own Account profile using your inscriptions and user-owned data. We enable this using Gaia, which allows you to create and share a data store that is associated with your decentralized wallet. When you connect this data to Inscribe.io, you are giving Inscribe.io access to this information to enrich your profile experience, but you will always remain its owner. Accordingly, you give Inscribe.io a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display this content on or through the Service for the limited purpose of providing these Account features.

Feedback

Any information, material, or idea you submit through the Service will be considered non-confidential and non-proprietary. You acknowledge and expressly agree that any contribution of feedback, comments, and suggestions for improvements to the Service ("Feedback") does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that Inscribe.io may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Inscribe.io any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

Other User Submissions

The Service may contain profiles, message boards, creator portals, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively "User Contributions") on the Site or through the Service. This includes any digital file, art, or other material linked to or associated with any inscriptions that are displayed on the Service. All User Contributions must comply with Inscribe.io's content standards that are posted on the Site.

Any User Contribution you post to the Site or through the Service will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or through the Service, you grant Inscribe.io and its licensee, successors, and assigns a worldwide, non-exclusive, sublicensable, royalty-free limited license to use, display, distribute, and otherwise disclose to any third party any such User Contribution you submit or post on or through the Service for the limited purposes of providing, promoting, and improving the Service and as authorized in your user account settings, if any. You still retain the ownership and remain the copyright holder of such User Contributions.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Inscribe.io the license described above, and that the content does not violate any laws.

7. Copyright

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access to them) from the Service by submitting written notification to our copyright agent designated below.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

Our designated copyright agent to receive DMCA Notices is:

peach.xyz

Attn: peach.xyz Legal Team

2823 18th St

San Francisco CA 94110

(888) 295-7052

legal@Inscribe.io

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

8. Assumption of Risk

This Section is about the risks you assume when you use our Service. You accept and acknowledge that:

Inscribe.io reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Inscribe.io. Under no circumstances shall the inability to view items on Inscribe.io or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Inscribe.io.

If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

9. Indemnification

By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Inscribe.io, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (individually and collectively, the "Inscribe.io Parties"), from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) ("Claims") arising out of or relating to (a) your use or misuse of the Service, content, inscriptions, or content linked to or associated with any inscriptions, (b) your submissions to the Service, (c) your violation or breach of any term of these Terms or applicable law, (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or willful misconduct. You agree to promptly notify Inscribe.io of any Claims and cooperate with the Inscribe.io Parties in defending such Claims. You further agree that the Inscribe.io Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN AN AGREEMENT BETWEEN YOU AND INSCRIBE.IO.

10. Disclaimers

YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND INSCRIBE.IO EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. INSCRIBE.IO (AND ITS THIRD PARTY PROVIDERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE WILL: (A) MEET YOUR REQUIREMENTS; (B) BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. INSCRIBE.IO DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. INSCRIBE.IO 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 SERVICE. WHILE INSCRIBE.IO ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, INSCRIBE.IO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, CONTENT LINKED TO OR ASSOCIATED WITH ANY INSCRIPTIONS, OR ANY INSCRIPTIONS YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS' SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE INSCRIBE.IO PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD INSCRIBE.IO RESPONSIBLE FOR ANY BREACH OF SECURITY.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF INSCRIPTIONS, CONTENT, AND/OR CONTENT LINKED TO OR ASSOCIATED WITH INSCRIPTIONS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; AND/OR (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTE FORCING, OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR INSCRIPTIONS.

INSCRIPTIONS EXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE ASSOCIATED BLOCKCHAIN (E.G., BITCOIN NETWORK). ANY TRANSFERS OR SALES OCCUR ON THE ASSOCIATED BLOCKCHAIN (E.G., BITCOIN). INSCRIBE.IO AND/OR ANY OTHER INSCRIBE.IO PARTY CANNOT EFFECT OR OTHERWISE CONTROL THE TRANSFER OF TITLE OR RIGHT IN ANY INSCRIPTIONS OR UNDERLYING OR ASSOCIATED CONTENT OR ITEMS.

NO INSCRIBE.IO PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SCRIPT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE INSCRIPTIONS. NO INSCRIBE.IO PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE INSCRIPTIONS, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so the above exclusion may not apply to you.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL INSCRIBE.IO OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS, OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF INSCRIBE.IO OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS, OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF INSCRIBE.IO ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO, AND USE OF THE SERVICE, CONTENT, INSCRIPTIONS, OR ANY INSCRIBE.IO PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY INSCRIBE.IO FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Any claims arising in connection with your use of the Site or any information thereon must be brought within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. If you are dissatisfied with the Service, your sole and exclusive remedy shall be to discontinue use of the Service.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

12. Limitations On Liability For Third-Party Providers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH ANY OF OUR THIRD PARTY PROVIDERS, AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN COMPANY AND ANY THIRD PARTY PROVIDER. IN ADDITION, YOU ACKNOWLEDGE THAT ALL SUCH THIRD PARTY PROVIDERS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO ANY USER, AND YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL CLAIMS OR DEMANDS OF SUCH NATURE. YOU ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY PROVIDERS HAVE NO OBLIGATION FOR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE INFORMATION PROVIDED ON OR THROUGH THE SERVICE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUCH THIRD PARTY PROVIDERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE INFORMATION PROVIDED, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE SOLELY AS PERMITTED UNDER THESE TERMS.

13. Bargained For Basis

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND NEITHER THE SERVICES, THE SITE, NOR THE INFORMATION THEREON WOULD BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS OF LIABILITY.

14. Modifications to the Service

We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result.

15. Dispute Resolution; Arbitration

Dispute Resolution. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT IN THIS SECTION 15 ("ARBITRATION AGREEMENT") CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH INSCRIBE.IO AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Section does not govern disputes between users or between users and third parties. Inscribe.io does not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly.

Applicability of Arbitration Agreement. You agree that any dispute, controversy, or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Inscribe.io, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that (1) you or Inscribe.io may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis, and (2) you or Inscribe.io may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights.

Dispute Resolution Process. You and Inscribe.io both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution to Inscribe.io via mail and email to the addresses set forth for copyright notices in Section 7 above. Both parties agree to meet and confer personally, by telephone, or by videoconference (hereinafter "Conference") to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference. Likewise, if Inscribe.io is represented by counsel, its counsel may participate in the Conference as well, but Inscribe.io agrees to have a company representative fully participate in the Conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process and Conference required by this paragraph. If the parties do not reach agreement to resolve the dispute within thirty (30) days after initiation of this dispute resolution process, either party may commence arbitration, file an action in small claims court, or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement, if the claims qualify.

Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding after participating in the dispute resolution process, you must send a letter (via email and mail) requesting arbitration and describing your claim to our registered agent at the addresses set forth for copyright notices in Section 7 above. The disputes and claims subject to arbitration will be resolved by a single arbitrator mutually agreed upon by you and Inscribe.io. If we the parties cannot agree on an arbitrator, then an arbitrator shall be selected pursuant to Rule 12 of the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall be bound by and shall strictly enforce these Terms and any other applicable agreement between us, and may not limit, expand, or otherwise modify any such terms. The arbitrator may award any relief that a court of law could, applying the limitations of liability contained in these Terms. The arbitrator may award injunctive relief if permitted by law – but the injunctive relief awarded by the arbitrator may not extend beyond our dealings with one another. Any arbitration will be held in New York, NY, unless otherwise agreed upon by you and Inscribe.io in writing. You and Inscribe.io will each bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator shall award costs and fees to the prevailing party if it is determined that the other party submitted a claim with no reasonable basis or filed any claim in bad faith.

Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement, and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Inscribe.io. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Waiver of Jury Trial. YOU AND INSCRIBE.IO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Inscribe.io are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the second paragraph labeled "Applicability of Arbitration Agreement" above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class Actions and Class Arbitrations. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this Section, an arbitrator shall not combine or consolidate more than one party's claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Inscribe.io agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection's limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in the Southern District of New York. All other claims shall be arbitrated.

Severability. Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Inscribe.io and your use of the Service.

Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Inscribe.io makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing (via mail and email) to Inscribe.io at the addresses set forth for copyright notices in Section 7 above.

16. Governing Law and Venue

These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the State of Delaware (without regard to conflict of law rules or principles of the State of State of Delaware). You and Inscribe.io agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

Any dispute between the parties that is not subject to arbitration as set forth in Section 15 above or cannot be heard in small claims court, shall be resolved in the state or federal courts sitting in the Southern District of New York.

17. Termination

If you breach any of the provisions of these Terms, all licenses granted by Inscribe.io will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us.

18. No Waiver; Severability

Any failure on the part of a party to these Terms to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right. Should any provision of these Terms be held invalid or unenforceable, such invalidity will not invalidate the whole of these Terms, but rather that invalid provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of these Terms will remain in full force and effect.

19. Injunctive Relief

You agree that a breach of these Terms will cause irreparable injury to Inscribe.io for which monetary damages would not be an adequate remedy and Inscribe.io shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.

20. California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

21. Survival

All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Inscribe.io or you. Termination will not limit any of Inscribe.io's other rights or remedies at law or in equity.

22. Miscellaneous

These Terms constitute the entire agreement between you and Inscribe.io relating to your access to and use of the Service and supersedes all prior agreements with respect to the content of these Terms. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Inscribe.io, and Inscribe.io's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

23. Comments and Concerns

All notices, feedback, comments, requests for technical support, and other communications relating to the Site should be directed to Inscribe.io at support@Inscribe.io.

Additional Terms of Use for Inscription Creators

Last Updated: March 9th, 2024

1. Terms of Use

These Additional Terms of Use for Inscription Creators ("Inscription Creator Terms"), set forth by peach.xyz., a Delaware corporation ("Inscribe.io", "we", "us", or "our"), are in addition to our general Terms of Use ("Terms of Use"). Pursuant to Section 2 of the Terms of Use, the use of the Ordinals Create Portal (our tools for creators located at https://Inscribe.io and/or https://preview.Inscribe.io) (collectively, the "Portal"), including creating inscriptions using file uploads or text-based submissions, are considered part of the Service and are therefore subject to the Terms of Use. Capitalized terms used in these Ordinal Inscription Creator Terms have the meanings set forth in the Terms of Use unless otherwise defined in these Ordinal Inscription Creator Terms.

2. Controlling Terms

Wherever possible, these Inscription Creator Terms shall be considered in addition to the Terms of Use, and not in lieu of the same unless there is a direct contradiction, in which case these Inscription Creator Terms shall control.

3. Ordinals and Inscriptions

Ordinals are a mechanisms by which satoshis, units of Bitcoin, are identified and tracked on the Bitcoin blockchain. Inscriptions are the result of putting data, or inscribing, onto the Bitcoin blockchain and associating it with a satoshi. Inscribe.io helps you create custom inscriptions. That said, because inscriptions are deployed to a blockchain, there are many ways in which they may never be changed. They also may never be deleted. The creation of an inscription by you through Inscribe.io is considered a User Contribution.

4. Inscription Collection Fees

4.1 Inscription Collection Comission

As a creator of a collection of inscriptions, anyone can create an inscription using your source files and a hosted mint page on Inscribe.io, subject to Inscribe.io’s initial and ongoing approval. For such collections, Inscribe.io charges a 5% commission on the mint price you charge to your inscription buyers. You, as the creator of the inscription source files, do not pay anything directly to us, as it is your inscription buyers who pay the mint price that is then payable as follows: 5% to us and 95% to you, the creator or artist wallet address.

4.2 Inscription Collection Service Fee

As a creator of a collection of inscriptions, you will be able to set a provenance token. This creates a permanent record on the blockchain that links the inscriptions you sell to one another. You can pay a fee of $19.95 worth of Bitcoin, Bitcoin amount determined at time of sale, for Inscribe.io to create a provenance token for you or you can provide one yourself and waive this service fee.

4.3 Inscription Collection Handling Fee

To ensure a minimum amount of revenue per transaction, Inscribe.io has a handling fee that the inscription buyer pays. This handling fee consists of 0.00001 Bitcoin to cover costs associated with delivering the Inscription to the buyer's wallet. The handling fee also consists of a variable fee. The level of this fee is determined by the amount of USD worth of Bitcoin Inscribe.io receives from the commission of an Inscription Collection sale. If the commission is less than $4 worth of Bitcoin at the time of sale then the handling fee is increased so that the commission plus the handling fee is $4 worth of Bitcoin.

5. Network Fee

The network requires a network fee in order to process and confirm your transaction. This requires a payment to the network when submitting your transaction. Inscribe.io does not take any portion of this fee and it is possible that you will lose this fee if your transaction fails for any reason. Neither Inscribe.io nor the network will refund any portion of such fees.

6. Help Center

There are some specific formats and requirements required when defining and deploying inscriptions. We've created a Help Center specifically for creators deploying an inscription for the first time. If you do not follow these instructions as required, your inscription may be deployed in a manner that is unintended, and the ordinal inscription will be uneditable and therefore can never be used. The Help Center is a guide; it is not a guarantee that the inscription will be defined and deployed by you correctly. Ultimately, the creation of the inscription is your responsibility, and we will have no responsibility for its creation.

7. You Own Your Inscription

You are the sole owner of your inscription and solely responsible for the legitimacy, authenticity, display, deployment, promotion, support, and any liability associated with your ordinal inscription. You attest that you are the sole owner of any artwork or intellectual property used in connection with your inscription and attest that your inscription does not violate any other entity's or persons' copyright or any other rights. Our system briefly maintains administrative control over your inscription at the time of creation, but it is immediately transferred to you. We are not responsible for technical issues that arise while under our administrative control.

8. Ownership and License

Any User Contribution you post to the Site or through the Service will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site or through the Service, you grant Inscribe.io and its licensee, successors, and assigns a worldwide, non-exclusive, sublicensable, royalty-free limited license to use, display, distribute, and otherwise disclose to any third party any such User Contribution you submit or post on or through the Service for the limited purposes of providing, promoting, and improving the Service and as authorized in your user account settings, if any. You still retain the ownership and remain the copyright holder of such User Contributions.

9. Compatible Bitcoin Address and Wallet

Inscriptions are a new technology and only compatible with certain specialized Bitcoin addresses and wallet software. It is your responsibility to research a compatible address format and wallet that is supported for this purpose. It is possible there could be no publicly available software offerings to view, manage, and transfer your inscription. After an inscription is created, Inscribe.io will transfer the inscribed satoshi’s UTXO to the address the buyer defined at time of purchase. If you pay with or provide an incompatible address, if you do not have access to compatible wallet software, or if you lose access to the address’s private key, it is highly likely that you will never be able to trade or transfer this UTXO containing your inscription. We recommend using a new address for each inscription to increase the likelihood for forward compatibility, but this should be considered a guide and not a guarantee. Inscribe.io does not guarantee your ability to trade or transfer your UTXO once it is transferred to you.

10. Refunds

Inscribe.io cannot and does not offer refunds once your inscription transaction has been broadcast to the Bitcoin network, an automated process that occurs immediately after receiving payment. If the automated process fails or is interrupted and your transaction is never broadcast to the network and Inscribe.io remains in possession of your entire payment amount, you may request a refund by emailing support@Inscribe.io. If we can independently verify that we remain in possession of your entire payment amount, we will issue a refund, less network fees, to the original payment address. We do not issue refunds to any other address or for any other reason.

11. Other Notices

No Endorsement. Inscriptions deployed using the Portal are not owned by, nor affiliated in any way, with Inscribe.io. While we automatically collect a service fee associated with the inscriptions deployed using our Portal, this in no way serves to acknowledge or endorse any given collection. This is an unmonitored, unmodifiable inscription template that we do not have control over following deployment. 

No Guaranty. Using our Portal does not guarantee your collection will be visible for viewing or listed for secondary sales on marketplaces. We simply offer this tool to help you with the creation of an inscription. 

Content Moderation. We use manual systems to filter out content containing nudity, violent and visually disturbing images, and hateful or extreme content. We reserve the right to change which content is filtered at any time without notice. If our systems detect such content, we will not allow you to create it as an inscription. You agree not to attempt to circumvent or reverse engineer these systems to create such content or for any other purpose. Users are forbidden from using our service to create inscriptions including such content, or any illegal content of any kind, even if they are not detected by our systems. Once an inscription is created on the blockchain, we are no longer able to moderate or censor its material. 

Removal and Control. We reserve the right to remove inscriptions from view or prevent inscriptions from appearing on marketplaces for any or no reason if they are found to violate our standards or infringe upon any other person or entity's copyright or any law.

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