Airdrop Terms and Conditions
Last Updated: 28 May 2024
These Airdrop Terms and Conditions (“Airdrop Terms”) are to be read in conjunction with the Orby Network Protocol’s Terms of Use (together, the “Terms”). Unless otherwise stated, any term not otherwise defined herein shall have the meaning set forth in the Protocol’s Terms of Use.
ORBY NETWORK PROTOCOL, OUR SERVICES AND THE USC TOKEN ARE NOT OFFERED TO PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA OR ANY RESTRICTED TERRITORY, AS DEFINED BELOW (ANY SUCH PERSON OR ENTITY FROM THE UNITED STATES OF AMERICAN OR A RESTRICTED TERRITORY, A “RESTRICTED PERSON”). WE DO NOT MAKE EXCEPTIONS; THEREFORE, IF YOU ARE A RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE OR USE THE INTERFACE. USE OF A VIRTUAL PRIVATE NETWORK (“VPN”) TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN IS PROHIBITED. BY ACCESSING, USING THE SITE OR INTERFACE, OR PARTICIPATING IN THE AIRDROP YOU ACCEPT AND AGREE TO BE BOUND BY AND TO COMPLY WITH THESE TERMS. PLEASE DO NOT ACCESS, USE THE SITE OR INTERFACE, OR PARTICIPATE IN THE AIRDROP IF YOU DO NOT AGREE WITH ANY OF THESE TERMS.
These Airdrop Terms govern the participation in and receipt of ORB Tokens (“Tokens”) through the airdrop program (“Airdrop”) organised by the Protocol. By participating in the Airdrop, you (the “Participant”) agree to be bound by the Terms.
BY PARTICIPATING IN THE AIRDROP, YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR MAKING YOUR OWN DECISION IN RESPECT OF YOUR PARTICIPATION IN THE AIRDROP AND ANY RECEIPT OF TOKENS. ANY PARTICIPATION IN THE AIRDROP IS SOLELY AT YOUR OWN DECISION AND RISK. IT IS YOUR OWN SOLE RESPONSIBILITY TO SEEK APPROPRIATE PROFESSIONAL, LEGAL, INVESTMENT, AND TAX ADVICE IN RESPECT OF THE AIRDROP AND ANY RECEIPT OF THE TOKENS PRIOR TO PARTICIPATING IN THE AIRDROP AND PRIOR TO RECEIVING ANY TOKENS.
BY PARTICIPATING IN THE AIRDROP, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISK RELATED THERETO. IN NO EVENT WILL THE PROTOCOL OR ANY MEMBER OF THE PROTOCOL BE HELD LIABLE IN CONNECTION WITH OR FOR ANY CLAIMS, LOSSES, DAMAGES, OR OTHER LIABILITIES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE AIRDROP OR THE RECEIPT OF ANY TOKENS.
Eligibility
You must comply with all applicable laws and regulations in your own jurisdiction and all jurisdictions in relation to the Airdrop and use of Tokens.
You are not a resident, national, or agent of any country of any Restricted Territories.
You are not a resident, national, citizen, entity, or agent of the United States of America.
You must provide accurate and complete information as requested by the Protocol and required for participation in the Airdrop.
You represent and warrant that you have at least a basic degree of understanding of the operation, functionality, usage, storage, transmission mechanisms and other material characteristics of cryptocurrencies, blockchain-based software systems, cryptocurrency wallets or other related token storage mechanisms, blockchain technology and smart contract technology.
The Protocol reserves the right to request further information from you to verify your identity and eligibility.
The Protocol at its sole discretion will determine the eligibility criteria for participation in the Airdrop, including the amount of Tokens to be distributed to eligible. Different eligible Participants may receive different amounts of Tokens in any particular Airdrop depending on the determined by the Protocol for such Airdrop. The Protocol will have no obligation to notify potential Airdrop participants of eligibility criteria for any Airdrop prior to the execution of such Airdrop.
The Protocol reserves the sole and absolute right to disqualify any proposed Participant it deems ineligible for an Airdrop (be it under these Airdrop Terms, Terms, or by having engaged in any conduct that the Protocol considers inappropriate or unacceptable).
You shall not:
Use multi-accounts and/or multi-wallets;
Attempt to cheat or hack the Airdrop or the Tokens;
Carry out any kind of spamming; or
Behave in a manner which the Protocol deems offensive or inappropriate, and any such behaviour will result in your removal from the Airdrop eligibility.
Airdrop Details
Airdrop Period. The Airdrop will be conducted during the specified period, as determined by the Protocol at its absolute discretion (the “Airdrop Period”).
Participation Requirements. You must be an eligible Participant and follow specific instructions set out by the Protocol hereto and/or any such instructions as are provided by the Protocol from time to time to participate in the Airdrop.
Token Allocation. The number of Tokens allocated to each Participant will be determined solely by the Protocol, and such allocation may vary among Participants.
Purchase may be necessary. Participation in the Airdrop may require purchase or payment as specified in applicable instructions made available to you by the Protocol. The Protocol reserves the right to change any such instructions without prior notice to you. There may also transaction fees payable by the Participant to receive and/or claim their Tokens during the Airdrop.
Token Distribution
Token Distribution. The distribution of Tokens will occur after the Airdrop Period ends, subject to successful verification and compliance with these Airdrop Terms and any applicable instructions made available to you by the Protocol.
Wallet Requirement. Participants must provide a compatible wallet address capable of receiving the Tokens. Failure to provide a valid wallet address may result in the forfeiture of Tokens.
Token Transfer. Tokens will be able to claim a share of the Airdrop amount based on the criteria set out by the Protocol, subject to technical limitations or delays. There may be transaction fees payable by the Participant to receive and/or claim such Tokens.
Disclaimers
Participants acknowledge and agree that the Tokens received through the Airdrop may have specific usage limitations, such as utility within a specific platform or ecosystem, and may have no monetary value.
Tokens received through the Airdrop are not intended as investment advice, and each Participant acknowledges their value (if any) may fluctuate and that no guarantees are made regarding future value (if any).
Tokens are not intended to constitute securities of any form, shares of a company, units in a trust, units in a collective investment scheme or any form of investment in any jurisdiction. These Terms or any other instructions made available to you do not constitute a prospectus or offer document of any sort and is not intended to constitute an offer of securities of any form, shares of a company, units in a trust, units in a collective investment scheme or any other form of investment, or a solicitation of any form of investment in any jurisdiction.
To the maximum extent permitted by applicable laws, regulations, and rules and except as otherwise provided in these Terms, the Protocol hereby expressly disclaims its liability and shall in no case be liable to a Participant or any other person for:
Postponement, suspension, and/or abortion of the Airdrop;
Any failure, or disruption to, the Airdrop, the operations of the Protocol or any other technology (including but not limited to smart contract technology) associated therewith, due to any reason, including but not limited to the occurrences of hacks, mining attacks (including but not limited to double-spend attacks, majority mining power attacks, and “selfish-mining” attacks), cyber-attacks distributed denials of service, errors, vulnerabilities, defects, flaws in programming or source code or otherwise, regardless of when such failure, malfunction, breakdown, or disruption occurs;
Any failure, malfunction, virus, error, bug, flaw, defect in the technology connected with or use for affection the Tokens or a Participant’s participation in the Airdrop;
Any prohibition, restriction, or regulation by any government or regulatory authority in any jurisdiction applicable to the Tokens or a Participant’s participation in the Airdrop;
Loss of possession of the credentials for accessing, or loss or destruction of the private keys, any wallet and/or the Participant’s designated wallet addresses, in any manner and to any extent;
Failure to disclose information relating to the progress of the Airdrop;
Any risks associated with a Participant’s participation in the Airdrop and/or a Participant’s use of the Tokens;
All other risks, direct, indirect or ancillary, whether in relation to the Participant’s participation in the Airdrop and/or the Participant’s use of the Tokens which are not specifically or explicitly contained in or stated in these Terms; and
Any failure to obtain any Tokens in this Airdrop.
For the purposes of this Disclaimers section above, the Protocol means the Protocol and each of its Affiliates (if any). “Affiliate” with respect to any person, means any other person directly or indirectly controlling, controlled by, or under common control with such person; and with respect to the Protocol, means any person directly or indirectly controlling, controlled by or under common control with such person.
Limitation of Liability and Indemnification
Please carefully review the relevant sections in the Orby Network Protocol’s Terms of Use which are incorporated by reference to these Airdrop Terms.
In addition, to the maximum extent permitted by the applicable laws, regulations, and rules:
The Protocol and the Protocol’s respective subsidiaries, related companies, Affiliates, directors, officers, employees, agents, service providers, successtors, and permitted assignees, shall not be liable for any indirect, special, incidental, consequential or other losses of any kind, in tort, contract, or otherwise (including but not limited to loss of revenue, income or profits, and loss of use or data), arising out of or in connection with a Participant’s participation in the Airdrop.
Governing Law
The interpretation and enforcement of these Terms, and any dispute related to these Terms, the Site, or the Interface, will be governed by and construed and enforced under the laws of Hong Kong, as applicable.
General Terms
You acknowledge and agree that all intellectual property rights related to the Airdrop and the Tokens, including but not limited to trademarks, logos, and content, are the sole property of the Protocol.
The Protocol reserves the right to modify, suspend, or terminate the Airdrop of these Airdrop Terms at any time without prior notice.
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