Drop Portal GTC
GENERAL TERMS AND CONDITIONS
MUSIC PROTOCOL DROP
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PREAMBLE
These general terms and conditions ( “GTCs”) govern all access to and/or use of the music protocol drop portal (”Drop Portal”) accessible via the website https://airdrop.musicprotocol.io/ and its services ( “Services”) provided to you, as a user (the “User” or “You”).
The GTCs and the Privacy Policy are collectively referred to as the “Agreement”.
The Drop Portal and its Services is owned and operated by Web3 Music Verein (Web3 Music Association), a company duly existing and incorporated under the laws of Switzerland, with registered office in Zug, Baarerstrasse n. 141 registered at the Registrar of Companies of Zug with Number CHE-184.859.454 (“W3M” or “We”).
The Drop Portal is the exclusive property of W3M.
Please read the Agreement carefully before accessing and/or using the Drop Portal. By accessing and/or using any part of the Drop Portal or its Services, you agree to become bound by the Agreement. If You do not agree to all the terms and conditions of the Agreement, then you may not access the Drop Portal and/or use any Services of Drop Portal.
WM3 does not offer financial services, nor does it aim to encourage investments in crypto-assets, nor does it provide financial advice, nor does it carry out any activities reserved for Crypto Asset Service Providers under Swiss Law and Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, or financial intermediaries subject to Swiss Law and Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments.
ACCEPTANCE OF THE GTCs
By accessing and/or using the Drop Portal, you implicitly accept the GTCs, thereby entering into a legally binding agreement with W3M.
If you do not agree with any of these provisions, we strongly recommend you to cease accessing and/or using the Drop Portal.
SCOPE OF THE DROP PORTAL
The Drop Portal aims to award badges (“Badges“) to Users. The Badges are obtainable through the completion of specified activities, described in the Drop Portal or on Third-Party platforms indicated on the Drop Portal.
The Badges are categorized into: (i) community badges and (ii) task Badges. Community Badges are obtainable through participation in events or holding community tokens. The task Badges are obtainable by completing tasks like following social media accounts, retweeting posts, or other predefined actions. W3M reserves the right to expand the Badges categories.
The Badges may entitle the Users to receive W3M’s native tokens (“Tokens”) after the token generation event (“TGE“).
To receive the Tokens, the User is required to connect their wallet ("Wallet") to the Drop Portal. Wallet linkage enables the tracking of transactional information and verification of the Tokens reward eligibility.
The exact amount and timing of Token distribution will be determined post-TGE. W3M reserves the right to set the criteria for Token distribution, which may include the requirement to hold multiple Badges.
The Users can track their scores on the Drop Portal leaderboard. Scores can be increased by referring others to the platform using a unique link. Each badge collected by referred users will boost the referring user's score on the leaderboard.
As a whole, therefore, the Drop Portal service can be described as a service that directs the User towards activities on the Web, and keeps track of actions that the user performs on the Web, both on-chain and off-chain, in order to attribute rewards to the user. The Drop Portal is not a mere conduit, caching, or hosting service, nor does it allow for the storage and dissemination of information to the public at the request of the User, therefore it should not be considered an online platform or other intermediary service subject to the Digital Services Act (Regulation EU 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC).
THE TOKENS
The Token is considered a utility token under the current Swiss regulatory framework and not a security or payment token, as per FINMA’s interpretation provided to W3M. Consequently, the issuance of the Token by W3M is not subject to the Anti-Money Laundering Act and does not require a prospectus under the Financial Services Act. Furthermore, FINMA confirmed that no other financial market laws in Switzerland, including the Financial Market Infrastructure Act are applicable to the Tokens.
CONDITIONS OF USE FOR THE USER
The User acknowledges and accepts that:
not to use the Drop Portal in an improper manner, for purposes that are not permitted by law or contrary to morality, to spread computer viruses, to perform activities that may compromise the security of the Drop Portal or damage it, to access the Drop Portal using automated tools (such as collection bots, robots, spiders or scrapers);
not interfere with security-related features of the Drop Portal, including but not limited to: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Drop Portal except to the extent that the activity is expressly permitted by applicable law. Any attempt at such interference shall attract a ban from the Drop Portal;
not infringe the Intellectual Property Rights of W3M or Third Parties, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
not represent or communicate information about W3M and Services in a manner that is inconsistent with what W3M represents through Drop Portal;
comply with applicable laws and regulations;
provide their true Data and keep it up to date;
W3M will process the User's Data in accordance with the provisions of the Privacy Policy;
W3M will provide the Drop Portal according to the needs related to any scheduled or extraordinary and unmissable maintenance work;
the costs of connection to the Internet network, and those possibly related to the connection modalities, are at the User's expense.
The User acknowledges and agrees that the User is responsible for any tax liabilities in connection with receiving Tokens.
REPORTING ISSUES
The User may report issues to W3M through the button of "Need Help” on the Drop Portal.
If the User provides ideas, suggestions, or other feedback in connection with the use of the Drop Portal ("Feedback"), such Feedback is not confidential and may be used by W3M without restriction and without payment to the User.
W3M will process the Data transmitted by the User when contacting W3M for the sole purpose of executing the issue governed by the GTCs, and therefore on the basis of assumptions of a contractual nature, in accordance with the provisions of the Privacy Policy.
RIGHTS OF W3M
W3M has the right to:
modify, update, replace, suspend, limit or interrupt the operation of the Drop Portal and its Services at any time;
analyse the traffic on the Drop Portal (e.g. detect the most visited pages, the number of Users per hour or per day, the geographical origin, the average connection time, the browsers used, the origin of the User - from search engines or from other Sites -, phrases and words searched for, etc.) in order to understand how it is used and manage, optimise and improve it, or even just for statistical purposes;
solve operational or technical problems (e.g. anomalies in page loading);
perform monitoring activities to repel and/or prevent cyber-attacks and/or fraud.
W3M may, at its sole discretion and without any obligation to pay compensation:
deny any of the Users further access and/or use to the Drop Portal;
take against any of the Users any action for its own protection, including those aimed at obtaining compensation for damages.
WARRANTY EXCLUSIONS AND NO ASSISTANCE
The Drop Portal is provided on an "AS IS" and "AS AVAILABLE" basis and W3M makes no warranties, express or implied (including the implied warranties of non-infringement, merchantability and fitness for a particular purpose), and may be temporarily inaccessible or otherwise defective or delayed.
W3M will make every reasonable effort to ensure that the User has continuous and uninterrupted access to the Drop Portal but will not, under any circumstances, be liable if one or more of the Content made available to the User is temporarily or permanently inaccessible.
In particular, W3M makes no warranty as to:
the suitability of the Drop Portal with respect to the needs of the User;
the availability of, and the absence of errors in, the Drop Portal;
the quality of the Drop Portal;
the correction of any technical errors of the Drop Portal;
the Tokens will come into existence;
the Tokens will gain a substantial or speculative commercial value;
the Tokens will have merchantability or profitability.
Any material accessed, downloaded, or otherwise obtained through the use of the Drop Portal is done at the User’s own discretion and risk and the User will be solely responsible for any damage to the User’s computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by the User from W3M or through or from the Drop Portal will create any warranty not expressly stated in the Agreement.
W3M does not guarantee the provision of technical assistance in relation to the Drop Portal.
LIMITATION OF LIABILITY AND INDEMNITY
You acknowledge and agree that, to the fullest extent permitted by law, in no event will W3M be liable for any loss of profits, revenue or data, indirect, incidental, special or consequential damages, or damages or costs due to loss of production or use, business interruption, or procurement of substitute goods or services, in each case whether or not W3M has been advised of the possibility of such damages, arising out of or in connection with the Agreement.
W3M will not be liable for any errors, inaccuracies, omissions and, more generally, for damages caused, directly or indirectly, by decisions taken or initiatives undertaken by the User or by Third Parties on the basis of (and/or as a result of) the Drop Portal and Content made available through the Drop Portal.
Some jurisdictions do not allow the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights.
You agree to indemnify and hold W3M, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers and licensees from any and all losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (i) your use of or inability to use any W3M property; (ii) your breach of Agreement; (iii) your violation of any rights of any Third Party or User (vi) your violation of any applicable law, rule, or regulation. W3M reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with W3M in asserting any available defenses. You agree that the provisions of this present clause will survive any termination of the Agreement.
INTELLECTUAL PROPERTY
Unless otherwise indicated on the Drop Portal with specific reference to certain items on the Drop Portal, W3M is the exclusive owner of all Intellectual Property Rights in the Drop Portal and the Contents.
All W3M trademarks, services marks, trade names, logos, domain names, and any other features of W3M brand are the sole property of W3M or its licensors. The GTCs does not grant you any rights to use any of such features whether for commercial or non-commercial use.
The provision of the Drop Portal by W3M will not be considered as an assignment or licensing by W3M in favour of you of any Intellectual Property Right on the Drop Portal or on the Contents.
THIRD PARTY SERVICES
W3M may use Third Party sites, services or resources and make no representation or warranties of any kind regarding any site, service, or resource provided by a Third Party, including, but not limited to, any representations or warranties regarding its accuracy, completeness, usefulness, security, or legitimacy.
W3M has no control over Third Party sites, services, and resources, and W3M is not responsible for any harm, loss, or damage that may arise from your use of such Services. If you decide to access any of the Third Party sites, services, or resources, you do so entirely at your own risk and subject to the terms and conditions for such sites, services, or resources.
AML/KYC PROCEDURE
You acknowledge that proper and correct performance of the AML/KYC Procedure may be required in order to deliver to you the Tokens. Therefore you acknowledge that you will no longer be eligible to receive the Tokens either if you do not complete the AML/KYC Procedure or if the AML/KYC Procedure gives a negative result.
LEGAL DISCLAIMERS
The Users are the sole owners and responsible for their respective Wallets that they decide to use on the Drop Portal. Accordingly, Users are the sole responsible for keeping private and confidential the respective private keys of such Wallets.
The Tokens does not represent or confer any ownership right or stake, share or security or equivalent rights, or any right to receive future revenue shares, intellectual property rights or any other form of participation in or relating to the Drop Portal or W3M. Similarly, the Tokens are not intended to be a digital security or any other kind of financial instrument.
Users who are resident in certain jurisdictions may be prevented from being delivered the Tokens. Such jurisdictions include Canada, Japan South Korea, People’s Republic of China, United States of America, American Samoa, Anguilla, Barbados, Fiji, Guam, Palau, Panama, Samoa, Seychelles, Trinidad and Tobago, Virgin Islands, Vanuatu, Afghanistan, Bahamas, Botswana, North Korea, Ethiopia, Ghana, Iran, Iraq, Libya, Nigeria, Pakistan, Puerto Rico, Saudi Arabia, Sri Lanka, Syria, Tunisia, Yemen. This list of countries may be amended from time to time according to applicable laws, including financial and anti-money laundering laws.
CONTRACT CHANGES
W3M reserves the right at any time to modify this Agreement and any legal document present on the Drop Portal, or to add at any time new or additional terms or conditions on your use of the Drop Portal. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Drop Portal will be deemed acceptance thereof.
MISCELLANEOUS
The Agreement regulates the relationship between W3M and the User and does not create rights in favour of, nor obligations against, Third Parties.
Any tolerance by W3M of the conduct of the Users in violation of the provisions contained in the Agreement does not constitute a waiver of the rights arising from the provisions violated, nor the right to require the exact fulfilment of all terms and conditions therein.
W3M does not provide the Drop Portal and/or Services to individuals who do not have the legal capacity to act to accept the Agreement as set out in their home country's legislation.
The rights and remedies included herein are not exclusive, but are in addition to any other rights and remedies available under applicable law.
Any limitation or exclusion of liability provided for in favour of Jur in the Agreement will apply to the fullest extent permitted by law.
APPLICABLE LAW AND JURISDICTION
The Agreement is governed by Swiss Law, without regard to its choice of law or conflicts of law principles.
The Parties expressly agree that any disputes regarding the validity, performance, effectiveness or termination of the Agreement is subject to the exclusive jurisdiction of the Swiss Court and, in particular, exclusively to the Court of Zug (Switzerland) unless mandatory applicable laws provide otherwise.
If you qualify as a “consumer” within the meaning of the law of the country where you are located, you may be protected by consumer law of your country, which may override certain provisions of the Agreement.