Terms of Service

1.Who we are

This site is operated by DELIVEROSE LLC, a limited liability company with its address at:

“We”, “us” and “Deliverose” mean DELIVEROSE LLC. “You” means the person using this site.

2.Your agreement to these terms

By using nft.deliverose.com you accept these terms. If you do not accept them, please do not use the site. Separate terms apply to some things described here — the NFT Terms and Risk Disclosure, the Privacy Policy, the Cookie Policy and the Refunds and Cancellations page — and they form part of this agreement.

Buying a Genesis Roses NFT on a third-party marketplace is a transaction with that marketplace and the seller, under that marketplace’s own terms. These terms still govern your use of this site and the rights described in section 9.

3.Eligibility

You must be at least 18 years old and able to enter a binding contract where you live. If you are using the site on behalf of a company, you confirm you are authorised to accept these terms for it.

You may not use this site if you are subject to sanctions administered by the United States, or if you are located in a country or territory subject to comprehensive U.S. sanctions, or if applicable law otherwise prohibits it. You are responsible for knowing whether the laws where you live permit you to buy or hold digital collectibles.

4.What we offer

Genesis Roses is a set of 67 original digital artworks, each issued as a limited edition. Each design has a fixed maximum number of editions, and those maximums are recorded on the Base blockchain and can no longer be raised.

Each collectible is a non-fungible token, or NFT: a ERC-1155 token recorded on Base. The NFT Terms and Risk Disclosure explains what that means in practice, what an NFT includes, and what it does not.

The artworks are drawn from real floral compositions made by the Deliverose studio. They are original artworks inspired by those arrangements rather than photographs of them. Preserved rose arrangements themselves are sold separately at deliverose.com ↗.

5.Where and how Genesis Roses can be bought

On OpenSea

Genesis Roses NFTs held by Deliverose are currently offered on OpenSea, an independent third-party marketplace. A purchase there is a blockchain transaction between you and the seller, executed by the marketplace’s smart contracts. OpenSea sets its own fees, decides what it lists, and may change or withdraw its service at any time. We do not control it.

An OpenSea purchase delivers the NFT and nothing else. It does not include a physical rose, a preserved arrangement, delivery of any physical item, or any other physical benefit. This is set out in full in the NFT Terms and Risk Disclosure.

On this site

Our own checkout is not yet operating. Until we announce that it is, no payment is taken and no order is completed through nft.deliverose.com, and you should treat anything you start here as incomplete. If we do activate it, the terms that apply to those purchases — including any benefit that comes with them and how cancellations work — will be published before it opens.

Any complimentary physical arrangement Deliverose may offer belongs to a qualifying purchase made directly from Deliverose. It is not attached to the token, does not transfer with it, and is not created by buying on a marketplace.

6.Prices, fees and taxes

Prices shown on this site are in U.S. dollars. Marketplace listings are denominated in the cryptocurrency that marketplace uses — on Base this is normally ETH — so the amount you pay there depends on the exchange rate at that moment and will not match a dollar figure exactly.

Separately from the price, you may pay:

• Network fees. Blockchain transactions cost gas, paid to the network rather than to us. We neither set nor receive it.
• Marketplace fees. A marketplace may take a fee from a sale. It sets that fee and can change it. We neither set nor receive it.
• Creator earnings. Genesis Roses carries a creator earnings rate of 0%. We do not take a royalty on resales.

You are responsible for any taxes that apply to you as a result of buying, holding, selling or disposing of a collectible. We do not give tax advice, and the treatment of digital assets differs between countries and can change.

7.Blockchain, wallets and things outside our control

Base is a public blockchain operated by third parties. Wallets are software or hardware provided by third parties. Marketplaces are run by third parties. We do not operate any of them and cannot guarantee that they work, stay available, or continue to support Genesis Roses.

Some consequences are worth stating plainly:

• Blockchain transactions are generally final. Once a transfer is confirmed, neither we nor a marketplace can reverse it.
• Your wallet is yours. We never hold your private key, seed phrase or recovery phrase, and we will never ask you for them. If you lose them, access to your collectible is lost permanently and we cannot restore it.
• An asset sent to a wrong or incompatible address is normally unrecoverable. Check the address and the network before you send anything.
• Networks can be congested, halted, forked or disrupted. Gas costs move with demand and can be high.

8.Not an investment

Genesis Roses collectibles are sold as digital artworks to be enjoyed and collected. They are not offered as an investment, and we make no promise about their future value.

Specifically, we do not promise:

• that a collectible will hold its value or rise in value;
• that you will be able to resell it, at any price or at all;
• that any marketplace will continue to list it or remain available;
• any income, yield, dividend or return of any kind.

Prices for digital assets can move sharply and can fall to nothing. Please do not spend money on a collectible that you cannot comfortably do without.

9.Intellectual property

What we own

Deliverose owns or licenses the Genesis Roses artworks, the text and design of this site, and the Deliverose name, logo and other brand features. Owning a collectible does not transfer copyright in the artwork or any right to use our trademarks.

What you may do with the artwork of a collectible you own

While you own a Genesis Roses collectible, we grant you a worldwide, non-exclusive, non-transferable, royalty-free licence to display the image of that collectible for your own personal, non-commercial use — for example as a profile picture, in a personal post about your collection, or on a screen in your home.

That licence does not let you:

• sell merchandise, prints or other products bearing the artwork, or otherwise use it commercially;
• modify the artwork and present the result as a Deliverose work;
• use it in a way that is unlawful, hateful, or that suggests Deliverose endorses you, your project or your views;
• register or claim any trademark, copyright or other right in the artwork or anything confusingly similar to it;
• use the Deliverose name or logo, which this licence does not cover at all.

The licence passes with the collectible: it ends when you stop owning it, and the next owner receives the same licence on the same terms.

If you think we have infringed your rights

If you believe material on this site infringes a copyright or other right you hold, write to support@deliverose.com and tell us what the material is, where it appears, what right you hold, and how to reach you. We will look into it promptly. If the material is on a marketplace rather than on this site, that marketplace’s own reporting process will usually be faster.

10.Acceptable use

Please do not:

• break the law, or use the site to help anybody else do so;
• attempt to gain unauthorised access to the site, its infrastructure, or anybody else’s account or wallet;
• scrape, overload or interfere with the site, or bypass technical measures that protect it;
• use the site to launder money, evade sanctions, or finance anything unlawful;
• impersonate Deliverose, or suggest an affiliation or endorsement that does not exist;
• upload or transmit anything harmful, or anything that infringes somebody else’s rights.

11.Third-party services and links

This site links to services we do not run — including OpenSea, the Deliverose shop and our Instagram account — and you may reach Genesis Roses through wallets, marketplaces and block explorers operated by others. Their own terms and privacy policies apply to your use of them, and we encourage you to read them.

We have no partnership with, sponsorship from, or endorsement by OpenSea, Coinbase, the Base ecosystem, or any wallet provider. A link or a logo on this site means the service can be used to reach Genesis Roses — nothing more.

12.Availability of this site

We would like the site to be available at all times, but we cannot promise it. We may change, suspend or withdraw any part of it, and we may change what is offered and at what price, without notice. Nothing on this site is an offer that binds us until we accept an order.

13.Disclaimers

The site and anything we make available through it are provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the site will be uninterrupted or error-free, that a blockchain, wallet or marketplace will function, or that any collectible will remain viewable or tradeable on any particular service.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is so, this section applies to the extent permitted and no further, and nothing here limits rights you have under consumer protection law that cannot be waived.

14.Limitation of liability

To the fullest extent the law allows, Deliverose will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, or the loss or change in value of any digital asset.

Our total liability arising out of or relating to these terms or your use of the site will not exceed the greater of the amount you paid Deliverose directly in the twelve months before the claim arose, or one hundred U.S. dollars.

Nothing in this section limits liability that cannot be limited by law, including liability for fraud, for fraudulent misrepresentation, or for death or personal injury caused by negligence. Where you have rights under consumer protection law that cannot be waived, this section does not affect them.

15.Indemnification

If your use of the site, your breach of these terms, or your infringement of somebody else’s rights leads to a claim against Deliverose, you agree to defend and indemnify us against that claim and its reasonable costs. We will tell you promptly about any claim we ask you to cover, and you may not settle it in a way that imposes an obligation on us without our agreement.

16.Suspension and termination

We may suspend or end your access to the site if you breach these terms, if we are required to by law, or if your use puts the site or other people at risk. Ending your access to the site does not affect any collectible you already hold: it is in your wallet on a public blockchain, and we cannot take it back.

17.Changes to these terms

We may update these terms as the product changes. When we do, we will change the effective date at the top of this page and publish the new version here. If a change is significant, we will try to draw attention to it. Continuing to use the site after a change means you accept the updated terms.

18.Governing law and where disputes are heard

These terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.

Any dispute arising out of or relating to these terms or the site will be brought in the state or federal courts located in Kings County, New York, and you and Deliverose each consent to the jurisdiction of those courts. If you are a consumer, this does not remove any right you may have under the mandatory law of the place you live to bring proceedings there.

Before starting proceedings, please write to us at support@deliverose.com. Most problems are faster to solve that way, and we would rather fix something than argue about it.

19.How to reach us

Write to support@deliverose.com, or see the Contact page for our postal address.