Terms of Service
Last updated: August 2018
Because the current version of InkDrop is a Private-Beta release only, you may be required to review and accept new or supplemental terms that apply to your interaction with InkDrop and newly introduced functionalities in the future.
It is important to note that the InkDrop Social Network is part of the Web 3 movement. Being fully decentralized, it is powered by the Ethereum Virtual Machine and the Inter Planetary File System (IPFS). It is therefore not under control of any legal entity or private individual. While the InkDrop GmbH (i.G.) has developed and will continue to develop InkDrop, it does not operate or control it and/or the content made available by its users. The InkDrop GmbH (i.G.) merely operates the web-interface (https://app.inkdrop.tech) used to access the InkDrop Network.
1. The Network
The Network is a decentralized social microblogging network that enables its users to spread their message effectively in a certain community or help others to do so.
Future versions of the Network also intended to reward its users with cryptocurrencies for providing high quality content and moderating the content of the Network.
2. Who May Use the Network
You may use the Network only if you agree to form a binding contract with InkDrop and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 18 years old, to use the Network. If you are accepting these Terms and using the Network on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
You may not create a member account for or use the Network if you are barred from using the Network under these Terms or under any law applicable to you, including the law of the country in which you are resident or from which you would use the Network.
You may use the Network without charge. However, we reserve the right to charge fees in the form of eth/gas for using certain features in future versions of the Network.
The Ethereum Identity Key contains a pre-set functionality to deduct from your Identity Key Balance a Gas Deduction, which is triggered by every transaction you make on InkDrop. The amount of ETH on your Ethereum Identity Key Balance remains always in your sole control and may be withdrawn any time. InkDrop and/or InkDrop GmbH (i.G.) has no access to your Ethereum Identity Key.
As the Network is intended to have public discussions, certain personal information you provide on your user profile or post on public timelines can be viewed by the general public.
Please do not submit any information to you would not want to be publicly available. Please note that search engines may index personal information which you make public. Your user profile and other information will be available to and downloadable by other users of the Network. You understand that user data and other information you submit to the Network may be corrupted or deleted and not subject to recovery.
4. Content on the Network
InkDrop does not claim ownership in any of the content and information you post on InkDrop. What’s yours is yours. You own your content (and your incorporated audio, photos and videos are considered part of the content).
You are aware that InkDrop is a decentralized application and under control of any legal entity or private individual, consequently, we cannot take responsibility for any content. We do not monitor or control content (including profile data) posted or exchanged by Network users.
We will not be responsible or liable to you or any third party in any way for any loss or damage of any kind for the content or the use, inability to use, or deletion of any content maintained or transmitted by you or any other member of the Network.
You are responsible for your use of the Network and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with others.
Any use or reliance on any content or materials posted via the Network or obtained by you through the Network is at your own risk. We do not accept responsibility for them or for any loss or damage of any kind that may arise from your use of them.
- We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, integrity, quality, or reliability of any content, opinions, or communications posted via the Network. We are not obligated to update any information or material that is out of date.
- You acknowledge that by using the Network, you may find content that is offensive, indecent, harmful, inaccurate, or objectionable.
It is envisaged that updated versions of InkDrop will contain self-moderation functionalities enabling the InkDrop community to keep InkDrop clean from any unlawful content and activities without any direct intervention from us.
Storage of Content
All publicly available user content (excluding personal data which is not publicly available on the Network) collected in connection with the use of the Network will be stored electronically using global decentralised storage technology. However, there is no guarantee that information that we store may not be accessed, collected, used, disclosed, copied, modified, or deleted by breach of any technical or operational safeguards that we have in place. We will not be keeping physical files of any user content. Consequently, personal information published on InkDrop is not under control of any legal entity or private individual.
Your Rights and Grant of Rights in the Content
By publishing your intellectual property (IP) Content on InkDrop, you grant InkDrop non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, process, adapt, translate, distribute, publicly communicate, publicly display, and publicly perform the (intellectual property) content or in connection with the Network (in any media formats through any media channels now existing or hereafter developed) without further consent from or notice.
InkDrop and/or InkDrop GmbH (i.G.) has no knowledge of and no means to control whether any content published on InkDrop violates any third-party intellectual property rights or is illegal under the laws of certain jurisdictions. 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 submit, post or display on or to the Network. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant InkDrop the license described above.
You may not fully delete any content published from the InkDrop Platform. When you remove content, your content is only delisted which makes it more difficult to be found for others. However, we will use reasonable efforts to make your content inaccessible.
5. Using the Network
Subject to your compliance with these Terms, InkDrop grants you a non-exclusive, personal, worldwide, non-transferable and revocable limited license to access and use the beta version of the Network solely for your own non-commercial purposes.
The Network is in early development. You understand that you will be using an beta version of the Network and that you should use it only for testing and evaluation purposes. We are providing the Network on “as is”, “as available” basis without warranty of any kind (see paragraph Disclaimers and Limitations of Liability below).
The Network is provided for your personal use only. You may not disclose, distribute, sell, transmit, transfer, or otherwise exploit any portion of the Network in any way to a third party for any commercial purpose. You may not obtain or attempt to obtain unauthorized access to the Network or any information that does not belong to you through any means not intentionally made available by us for your use.
We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Network, suspend or terminate users, and reclaim usernames without liability to you. You also agree not to misuse the Network, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Network:
- (i) access, tamper with, or use non-public areas of the Network,
- (ii) probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
- (iii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Network to send altered, deceptive or false source-identifying information;
- or (iv) interfere with, or disrupt, (or attempt to do so), the access of any user.
You can control most communications from the Network. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Network and your account, and you may not be able to opt-out from receiving them.
You bear the sole responsibility to determine if any action or transaction related to the Network have tax implications for yourself.
You may create an Identity using the credentials of your choice or maintain multiple Identities to use some of the Network’s features. We designed InkDrop in a way that you remain in control of your personal data and of how you share it with others. The InkDrop GmbH (i.G.) will not collect and use your personal data for any other purposes than chosen by you.
As part of creating your user account, you will need to provide connect it to an Ethereum address (public key). We recommend you store your private key with a third-party wallet or vault service (i.e. MetaMask) and safeguard it using a strong a password. You, not InkDrop, are responsible for maintaining the confidentiality of your private key that controls your public key, and for properly storing and backing them up.
If your private key or your credentials to access the third-party service is forgotten, lost, stolen, or made available to others, you could permanently lose control of your user account or your public key and its cryptocurrency. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
You may not authorize any other person to access or use your user account on your behalf. You are fully responsible for all activities that take place using your member account, including activities by others using your member account with or without your knowledge or permission.
You acknowledge that Internet transmissions are never completely private or secure and that any information you send or receive via the Network may be read or intercepted by others, even if a particular transmission is encrypted.
Your License to Use the Services
The InkDrop mark and logo, and other InkDrop trademarks, service marks, graphics, and logos used in connection with the Network, are protected by copyright, trademark, and other laws in Germany and/or other countries. Nothing in the Terms gives you a right to use the InkDrop name or any of the InkDrop trademarks, logos, domain names, and other distinctive brand features. Other trademarks, service marks, graphics, and logos used in connection with the Network may be the trademarks of their respective owners.
Any feedback, comments, or suggestions you may provide regarding InkDrop, or the Network is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Ending These Terms
You may end your legal agreement with InkDrop at any time by deactivating your accounts and discontinuing your use of the Network. It is envisaged that updated versions of the InkDrop Network will offer the functionality to self-deactivate user accounts. For the beta version, however, we require you to send an according request to firstname.lastname@example.org.
Accessing and using the Network, and transferring ETH to the connected wallet/public key has certain risks. The risks you understand and accept are:
- Software weaknesses: InkDrop, its smart contracts, the underlying software application and platform (i.e. the Ethereum blockchain) are still in early development and unproven. Thus, InkDrop is unable to warrant that it will run uninterrupted or error-free. The software may contain weaknesses, vulnerabilities or bugs causing complete loss of your profile and/or ETH submitted to the Network.
- Regulatory: It is possible that certain jurisdictions will apply existing regulations on, or introduce new regulations addressing, blockchain based applications. These may be contrary to InkDrop’s current setup and may result in substantial modifications of InkDrop, including its termination and the loss of ETH submitted to the Network.
- Abandonment: For a number of reasons, including a lack of interest from the public, lack of funding, or lack of commercial success or prospects, InkDrop may abandon the development beyond the Beta Version.
- Theft: InkDrop, its smart contracts, the underlying software application and platform (i.e. the Ethereum blockchain) may be exposed to attacks by hackers or other individuals. This could result in theft or loss of ETH submitted to the Network.
- Ethereum mining attacks: The blockchain used for InkDrop is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks.
- New version: Ultimately, the network of miners will be in control of InkDrop. It is possible that a majority of these miners could agree at any point to make changes to the official InkDrop network and run the new version of the smart contract system.
6. Disclaimers and Limitations of Liability
You acknowledge that, while we endeavour to make the interface to the Network available at all times, certain maintenance and upgrades of the interface will be required from time to time, resulting in the delay, suspension, or termination it. The Network may also be unavailable from time to time for reasons beyond our control. We do not guarantee, represent, or warrant that your use of the interface will be uninterrupted or error-free, and you agree that the it may become unavailable, and we may suspend use of the interface to the Network for indefinite periods of time, or terminate the interface to at any time, without notice to you and for any reason.
To the maximum extent permitted under applicable law, you acknowledge that we have no obligation to furnish any maintenance and support services for the Network.
We will not be liable for any loss or damage of any kind caused by any distributed denial-of-service attack, virus, or other technologically harmful content that may infect your computer equipment, computer programs, data or other proprietary content due to your use of the Network or to your downloading of any content from it, or on any website linked to it.
You understand and agree that the Network and surrounding services are provided to you on an “AS IS” and “AS AVAILABLE” basis. The “InkDrop Entities” refers to InkDrop, its parents, affiliates, related companies, officers, directors, developers, employees, agents, founders, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE INKDROP ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The InkDrop Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Network or any content; (ii) any harm to your computer system, loss of data or cryptocurrency, or other harm that results from your access to or use of the Network or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Network; and (iv) whether the Network and the surrounding services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the InkDrop Entities or through the Network, will create any warranty or representation not expressly made herein.
THIS DISCLAIMERS OF WARRANTIES CLAUSE WILL SURVIVE THE TERMINATION OF THESE TERMS AND OF YOUR USE OF THE NETWORK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE INKDROP ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, CRYPTOCURRENCY, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE NETWORK; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE NETWOK, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE NETWOK; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE INKDROP ENTITIES EXCEED THE GREATER OF ONE HUNDRED EURO (EUR 100) OR THE AMOUNT YOU PAID INKDROP, IF ANY, IN THE PAST SIX MONTHS FOR THE NETWORK GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE INKDROP ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THIS LIMITATION OF LIABILITY CLAUSE WILL SURVIVE THE TERMINATION OF THESE TERMS AND OF YOUR USE OF THE NETWORK.
We reserve the right to update, modify, or otherwise make changes to these Terms at any time. Any changes to these Terms will be posted to the Network. A notification may also be sent to the email address you have provided to us. Any changes to these Terms will take effect and be binding on you from the time of posting the changes to the Network. If you continue to use the Network following any changes to these Terms, you will be deemed to have accepted the changes and the updated version of these Terms. If you do not agree with the changes, please stop using the Network and delete or request the deletion of your member account to the Network. Please ensure that you refer to these Terms on a regular basis to check for any changes.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. InkDrop’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
The applicable law is German law. Any dispute regarding these Terms or the Network is personal to you and InkDrop and will not be brought as a representative action, class action, or any other type of representative proceeding. You agree not to join with any other individual or entity or group of individuals or entities for the purpose of seeking to resolve the respective disputes on a consolidated or representative basis. Any dispute arising out of or in connection with InkDrop shall be finally settled by the ordinary courts of Berlin, Germany. If you have any questions about these Terms, please contact us at email@example.com.
You agree to indemnify, defend and hold harmless InkDrop and/or InkDrop GmbH (i.G.) from and against any and all claims, losses, expenses brought by a third party that arises out of your breach of your obligations, warranties or representations under these Terms.