Disclaimer
Last edited: June 20th, 2023
This is a disclaimer for the Drips Network (the “Disclaimer”). You (hereinafter referred to as “You” or “User”) shall read it carefully. The Drips Network consists of the Drips Protocol, the Drips Application, the Drips SDK as well as any other Drips technology, service, Software and/or Content (hereinafter collectively referred to as “Drips Network”).
BY ACCESSING THE DRIPS NETWORK, YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOUR USE OF THE DRIPS NETWORK IS ENTIRELY AT YOUR OWN RISK. THE DRIPS NETWORK (AND/OR THE SOFTWARE) ARE AVAILABLE FOR USE TO THE PUBLIC ON AN “AS-IS” BASIS, AND NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE WITH RESPECT TO THE DRIPS NETWORK (AND/OR THE SOFTWARE), ITS OPERATIONS AND FUNCTIONALITY, OR ITS FITNESS FOR ANY SPECIFIC PURPOSE. BY ACCESSING THE DRIPS NETWORK, YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT YOU USE THE DRIPS NETWORK AND/OR THE SOFTWARE AT YOUR OWN RISK AND YOU ASSUME ANY COSTS, RESPONSIBILITY AND/OR ANY LIABILITY FOR ANY DAMAGES OR LOSSES YOU MAY INCUR, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE DRIPS NETWORK AND/OR THE SOFTWARE.
The Drips Network has been developed as part of a community effort with the support of the Radicle Foundation. This website is maintained on a voluntary basis by the Public Goods Association (the “Association”), whose purpose is to build digital coordination infrastructure that enables the development of public goods. Neither the Radicle Foundation nor the Public Goods Association own, manage, or control or act as an administrator or operator of the Drips Network. The Drips Network presently operates in a fully decentralized and autonomous manner and is fully integrated with the Ethereum protocol. Neither the Association nor the Foundation is involved in, or in any way responsible for the ongoing operation, maintenance, further development, running, or functioning of the Drips Network and/or any of the interactions, collaborations or contractual relationships between Users on the Drips Network. Being a decentralized network, any potential new and/or upgraded versions of the Drips Network can only be released through a community governance decision which neither the Radicle Foundation or the Public Goods Association control.
The Association has voluntarily posted this Disclaimer for the benefit of the community of users of the Drips Network [and for educational purposes only]. By accessing the Drips Network, You acknowledge and agree that under no circumstances shall the Association be liable to You for any losses or damages (including any general, special, incidental or consequential damages) arising out of your use, or your inability to use the Drips Network or the Software (as defined below).
This Disclaimer may be updated and modified from time to time. The Disclaimer as so updated and modified are deemed effective as of the date they are published on drips.network/disclaimer. It is the User’s responsibility to periodically check for the most recent version of the Disclaimer.
Introduction
This Disclaimer governs access to and use of the Drips Network. The Drips Network enables Users to stream and split tokens via a fully decentralized, autonomous, and non-custodial and gas-optimized protocol.
The Drips Network is a fully decentralized and autonomous ecosystem integrated with the Ethereum protocol. There is no single third party solely involved in or in any way responsible for the operation, running or functioning of the Drips Network and/or any of the interactions, collaborations or (contractual) relationships among Users on the Drips Network.
The underlying software protocols of the Drips Network (the “Software”) have been developed and published under the GPLv3, Apache 2.0, and MIT licenses, which forms an integral part of this Disclaimer. The full license protocol of Drips Network can be viewed in the Drips codebases stored within https://github.com/drips-network.
As the Drips Network (and in particular, the Software) is of experimental nature, You acknowledge that the Drips Network is likely to contain bugs, defects, or errors (including any bug, defect, or error relating to or resulting from the display, manipulation, processing, storage, transmission, or use of data) that may materially and adversely affects the use, functionality, or performance of the Drips Network (and/or the Software) or any product or system containing or used in conjunction with the Drips Network (and/or the Software).
The Drips Protocol is a decentralized, autonomous set of smart contracts that enables Users to stream any ERC-20 token to any other User within the Drips Network. Streaming and/or sending ERC-20 token via the Drips Protocol requires a gas fee paid in ETH.
THE DRIPS NETWORK AND/OR THE SOFTWARE ARE HIGHLY EXPERIMENTAL AND ANY REAL ETH, DAI, RAD, OR OTHER ERC-20 TOKEN SENT TO POTENTIALLY INSECURE SOFTWARE THAT REMAINS UNDER DEVELOPMENT ARE AT RISK OF BEING LOST INDEFINITELY, WITHOUT ANY KIND OF CONSIDERATION.
Content / Loss of Content
You acknowledge and understand that there is no centralized entity responsible for any information, developments, software, code or other data and any corresponding rights (hereinafter "Content") developed, exchanged, shared, stored, streamed, made available on or via the Drips Network. You acknowledge and accept that there is no party making any representations or warranties with respect to any such Content and no party has assumed any liability as to such Content.
You are aware and acknowledge that your processing, development, exchange, storage sharing, provision of, contribution to or other involvement in Content on or via the Drips Network takes place in an experimental environment. You acknowledge and agree that You have no claim as to the integrity and consistency of any Content. You further acknowledge and agree that there is a risk of total and irretrievable loss of Content and that You are solely responsible for secure storage (e.g. backup copies) of Content and that no other party shall be responsible and liable under any circumstance for any loss or corruption of Content.
Contacts and (Contractual) Relationships Among Users
Users enter into contractual and other relationships with other Users and third-party developers supporting the Drips Network at their own risk. There is no centralized entity or party that is liable for any damages that may arise from any breaches under any such contracts or relationships. (See section “Content / Loss of Content”.)
No Involvement in any Drips Functions/Functionalities and/or Token Stream
No third party, including, without limitation, the Association or the Foundation is involved in the issuance, transfer, custody, receipt, and management of any funds raised or shared by any Users as part of such User’s funding events and/or sharing of ERC-20 tokens. You understand and acknowledge that the Association and/or the Foundation has neither access to nor any other possibility to control and/or influence any corresponding transactions or funds in connection with any funding, sharing, or streaming events. The User solely bears any and all liability in connection with its use of the token transfer, sharing, or streaming functions of the Drips Network, including Drips Protocol as well as any further functionalities of and/or interactions with Drips Network (including Drips Protocol). Any User funds, tokens and/or data can become victims of cyber-attacks, cybercrime, brute force, hacker attacks and further fraudulent and malicious activity including but not limited to viruses, forgeries, malfunctions and interruptions which is out of the Association and/or the Foundation’s control and responsibility.
Services and Availability
The User acknowledges and agrees that neither the Association, the Foundation nor any third party has any obligation to provide, operate, support, maintain, or further develop the Drips Network and/or the Software. The Association supports the growth and development of the Drips project, including the Drips Network, on a voluntary basis, and does not enter into any contractual relationship with its Users. Neither the Association, the Foundation, nor any third party guarantees the availability of Drips Network and/or the Software or assumes any responsibility and liability in this regard. Accordingly, Users access and use the Drips Network and the Software at their own risk and solely bear any and all risk of loss in connection therewith (in particular, but without limitation, as set forth in section “Content / Loss of Content”).
The User acknowledges that there is no third party providing any warranties related to the availability or functionality of the Drips Network or the Software. As a result, the Drips Network could cease functioning at any time or the Drips Network, including the Software could malfunction or fail to perform or operate as contemplated by or intended by the User and that the User is solely responsible for any damages or losses suffered by it (and/or suffered by third parties) as a result.
Disclaimer of Warranty
THERE IS NO WARRANTY, EXPRESS OR IMPLIED, FOR THE DRIPS NETWORK AND/OR THE SOFTWARE AND/OR CONTENT. USERS ACKNOWLEDGE AND AGREE THAT THEY ACCESS AND USE THE DRIPS NETWORK, SOFTWARE AND CONTENT AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE DRIPS NETWORK AND THE SOFTWARE AND/OR THE CONTENT IS WITH THE USER. SHOULD THE DRIPS NETWORK OR SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Limitation of Liability
YOU UNDERSTAND THAT YOU USE THE DRIPS NETWORK AND THE SOFTWARE AND THE CONTENT AT YOUR OWN RISK. UNLESS YOU AND ANOTHER USER OR YOU AND A THIRD-PARTY DEVELOPER OTHERWISE AGREE IN WRITING, YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES YOU MAY INCUR, INCLUDING ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE DRIPS NETWORK OR THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS INTERRUPTION, DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER SOFTWARE OR THE NON-PAYMENT OF A FEE) AND/OR CONTENT.
Assumption of Risks of Cryptographic Tokens, Currencies and Systems
There are risks associated with purchasing, owning and using RAD Tokens and/or any ERC-20 tokens, such as but not limited to ETH. In order to access and make use of parts of and certain features within the Drips Network, you may need ETH or other smart contract-based tokens (collectively, “Cryptographic Tokens”). An example is voting capabilities, which enables participation in the decentralized governance system of Drips technologies.
By accessing and making use of such features and/or by using the Drips Network in any way, You acknowledge the inherent risks associated with cryptographic systems; and warrant that You have an understanding of the usage and intricacies of Cryptographic Tokens.
You understand that Ethereum and other blockchain technologies and associated Cryptographic Tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology, and security risks. You also acknowledge that the cost of transacting using such technologies is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain.
You acknowledge that you are solely responsible for transacting and holding Cryptographic Tokens that you may choose to use while accessing and/or interacting with the Drips Network as well as for any losses or damages resulting from the use of Cryptographic Token.
Cryptographic Tokens do not represent or constitute any ownership rights or stake, shares or security or equivalent rights nor any rights to receive future revenues or shares or any other form of participation in or relating to the Drips Network. In particular, you understand and accept that Cryptographic Tokens do not represent or confer any ownership right or stake, share, 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 Drips Network.
You are responsible for implementing reasonable measures for securing the wallet, vault or other storage mechanism you use to receive and hold Cryptographic Tokens purchased or otherwise obtained, including any requisite private key(s) or other credentials necessary to access such storage mechanism(s). If your private key(s) or other access credentials are lost, you may lose access to your Cryptographic Tokens and You are solely responsible for any losses, costs, or expenses relating to lost access credentials or an incompatible wallet.
The Drips Network is not designed to transact with and/or issue Cryptographic Tokens that are structured or sold as securities or any other form of investment product. You are solely responsible for any direct or consequential loss or damage of any kind whatsoever arising directly or indirectly from a misuse of the Drips Network by You or related to information provided or distributed by You through the Drips Network. By accessing and using Drips Network and/or any Cryptographic Tokens, You acknowledge, agree and confirm that You access and use the Drips Network in line with any applicable law and regulations, and You bear all risks and responsibilities arising out of your use, or inability to use, restriction and/or limitations due to any applicable law and/or regulations including but not limited to any loss of any Cryptographic Tokens. (In addition, see section “Compliance with Laws”.)
By purchasing, owning, and using Cryptographic Tokens, You expressly acknowledge and assume the risks concerning losing access to such Cryptographic Tokens due to loss of private key(s), custodial error, or purchaser error and risks related with the Software; risk of mining attacks; risk of hacking and security weaknesses; risks associated with markets for tokens; risk of uninsured losses; risks associated with uncertain regulations and enforcement actions; risks arising from taxation; risk of competing platforms; risk of insufficient interest in the Drips Network or distributed applications; risks associated with the development and maintenance of the Drips Network risk of dissolution of the Drips Network; risks arising from lack of governance rights and unanticipated risks.
Compliance with Laws
The Drips Network could be impacted by one or more regulatory inquiries or regulatory action, which could impede, restrict, or limit your ability to access or use the Drips Network and/or the Software and/or the Content. You acknowledge and agree that You are solely responsible for complying with such laws and regulations applicable to you and your use of Cryptographic Tokens, the Drips Network, and the Software and the Content.
Account Password / Security
To interact within the Drips Network, the User must have an Ethereum address. It lies within the responsibility of the User to keep its own Ethereum address keys secret. It is recommended that You keep the key access and seed phrase confidential and do not share them with anyone else. There is no possibility for You to recover funds You have transferred to the Drips Protocol or You received from the Drips Protocol if You lose access to your Ethereum address keys.
Services Provided by Third Parties
Some functions of the Drips Network rely on the proper operation of the Ethereum Protocol and/or other third-party infrastructure or services. Use of and accessing the Drips Network does not give rise to any representations or warranties of any kind regarding any site, service, or resource provided by a third party, including, without limitation, any representations or warranties regarding the accuracy, completeness, usefulness, security, or legitimacy of the Drips Network. The Drips Network does not control the Ethereum Protocol or any third-party sites, services, and resources. Therefore, You are solely responsible for any harm, loss, or damage that may arise from the Ethereum Protocol or any third-party sites, services, and resources. If You decide to access the Drips Network, You are aware that You do so entirely at your own risk and subject to the terms and conditions for such third-party services, infrastructures, sites or resources.
Rules of Conduct
Users of shall refrain from:
ILLICIT CONTENT: Collaborating to, posting, requesting, transmitting, rendering or otherwise making available or creating through or in connection with the use of the Drips Network and/or the Software, any Content or other materials that are or may be: (a) illegal/non-compliant and or threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
VIRUSES: Posting, transmitting or otherwise making available through or in connection with the use of the Drips Network and/or the Software and/or Content any virus, worm, Trojan horse, Easter egg, time bomb, spyware, scareware, malware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
UNLAWFUL ACTIVITIES: Using the Drips Network and/or the Software and/or the Content for any purpose that is fraudulent or otherwise tortious or unlawful, including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data or the financing of terrorism, intellectual property infringement, or violent or abusive activities.
Personal Data
The User acknowledges that by using the Drips Network (including Content) and/or contributing Content to the Drips Network certain personal data (“Personal Data”, as further described under “Data in P2P and Blockchain Infrastructures” in the Privacy Policy) may be shared with the other Users of the Drips Network. Since the Personal Data used to interact with the Drips Network (which is listed in the Privacy Policy) is not collected by the Association nor by the Foundation but rather shared directly between the Users, the Association and/or the Foundation do not qualify as a data controller or data processor according to the GDPR. Users understand that the Association as well as the Foundation have no control over Personal Data provided to other Users of the Drips Network and agree to not hold the Association and/or the Foundation liable for any misuse of Personal Data by other Users of the Drips Network. The Users further understand that the Personal Data is not recorded, stored or otherwise processed by the Association and/or the Foundation. Consequently, the rights of the Users relating to their Personal Data as provided in the GDPR cannot be asserted against the Association and/or the Foundation.
Governing Law
This Disclaimer shall be construed and interpreted in accordance with the substantive laws of Switzerland, excluding the Swiss conflict of law rules. The United Nations Convention for the International Sales of Goods is excluded.