Terms and Conditions
BIO Airdrop Recipients
Welcome to the BIO Token Airdrop Terms (these “Airdrop Terms”) for the BIO token airdrop (the “Airdrop”) by Bio.xyz Association (“Organization”, “we” or “us”).
These Airdrop Terms govern your ability to use our website in order to participate in the Airdrop. Please read these Airdrop Terms carefully, as they include important information about your legal rights. By participating in the Airdrop or claiming BIO tokens, you are agreeing to these Airdrop Terms. If you do not understand or agree to these Airdrop Terms, do not participate in the Airdrop.
Eligibility
By accessing and claiming the Airdrop you represent and warrant to us that:
- You are at least 18 years old, or the legal age in your jurisdiction, with no legal impediment or incapability, capable of claiming the Airdrop and participating in any token distribution.
- You have read and understood the risks of claiming the Airdrop, and that you are solely responsible for your actions.
- You are acting on your own account as principal and not as trustee, agent or otherwise on behalf of any other persons or entities.
- You have had the opportunity to take legal, financial, accounting or other advice that you deem appropriate prior to claiming the Airdrop.
- Your access to the Airdrop may be restricted based on your jurisdiction or geographical location. You must not use the Airdrop if you are located in or a citizen or resident of any state, country, territory or other jurisdiction in which use of the Airdrop would be illegal or otherwise violate any applicable law (a "Restricted Territory"). We reserve the right to restrict access to any Restricted Territory and may implement technical controls to prevent access to the Airdrop from any Restricted Territory, including, but not limited to, Algeria, Bangladesh, Bolivia, Belarus, Myanmar (Burma), Côte d’Ivoire (Ivory Coast), Egypt, Republic of Crimea, Cuba, Democratic Republic of the Congo, Iran, Iraq, Liberia, Libya, Mali, Morocco, Nepal, North Korea, Kuwait, Oman, Qatar, Somalia, Sudan, Syria, Tunisia, United States, Venezuela, Yemen, Zimbabwe, or any jurisdictions in which the sale of cryptocurrencies are prohibited, restricted or unauthorized in any form or manner whether in full or in part under the laws, regulatory requirements or rules in such jurisdiction; or any state, country, or region that is subject to sanctions enforced by the United States, such as the Specially Designated Nationals and Blocked Persons List (“SDN List”) and Consolidated Sanctions List (“Non-SDN Lists”), the United Kingdom, or the European Union (collectively, “Restricted Territories”);
- You are not a resident of any restricted territory and have not used any technical means including any virtual private network (VPN) or other means to disguise or manipulate your geographical location to access the Airdrop from a restricted territory; and
- You represent that your access and use of the Airdrop will fully comply with all applicable laws and regulations, and that you will not access or use the Airdrop or the BIO tokens to conduct, promote, or otherwise facilitate any illegal activity.
Risks
By accessing and claiming the Airdrop, you represent that you understand the financially and technically risks associated with using cryptographic and blockchain-based systems, including, to the extent that:
- You understand that the markets for these digital assets are nascent and highly volatile due to risk factors including, but not limited to, adoption, speculation, technology, security, and regulation.
- You understand that anyone can create fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens.
- You understand that smart contract transactions automatically execute and settle, and that blockchain-based transactions are irreversible when confirmed.
- You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time.
- You acknowledge that we are not responsible for any of these variables or risks, do not own or control the protocol, and cannot be held liable for any resulting losses that you experience while accessing or claiming the Airdrop.
- You understand and agree to assume full responsibility for all of the risks of accessing and claiming the Airdrop.
- You understand that we do not own or control any of the underlying software through which blockchain networks are formed. In general, the software underlying blockchain networks, including the Ethereum blockchain, is open source, such that anyone can use, copy, modify, and distribute it.
- By using the Services, you acknowledge and agree, that: some text
- We are not responsible for the operation of the blockchain-based software and networks underlying the Airdrop;
- that there exists no guarantee of the functionality, security, or availability of that software and networks, and
- The underlying blockchain-based networks are subject to sudden changes in operating rules, such as those commonly referred to as “forks,” which may materially affect the Airdrop.
- You understand that blockchain networks use public and private key cryptography. You alone are responsible for securing your private key(s). We do not have access to your private key(s). Losing control of your private key(s) will permanently and irreversibly deny you access to digital assets on the Ethereum blockchain or other blockchain based network. If your private key(s) are lost, then you will not be able to transfer your digital assets to any other blockchain address or wallet. If this occurs, then you will not be able to realize any value or utility from the digital assets that you may hold.
- You understand that our services and your digital assets could be impacted by one or more regulatory inquiries or regulatory actions, which could impede or limit the ability to continue providing our services.
- You acknowledge that the cost of transacting on the Ethereum blockchain is variable and may increase at any time causing impact to any activities taking place on the Ethereum blockchain, which may result in price fluctuations or increased costs when claiming the Airdrop.
- You use the Airdrop at your own risk. You acknowledge that the Airdrop is subject to flaws and that you are solely responsible for evaluating any code provided in the bio.xyz Airdrop interface.
- You acknowledge that the information available related to the Airdrop may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors. To continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including information regarding our policies. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on or as part of the Airdrop interface are your sole responsibility. No representation is made as to the accuracy, completeness, or appropriateness for any particular purpose of any information distributed via or otherwise when claiming the Airdrop.
- By claiming the Airdrop, you represent and warrant that you have been, are, and will be solely responsible for making your independent appraisal and investigations into the risks of a given transaction and the underlying digital assets, including smart contracts. You represent that you have sufficient knowledge, market sophistication, professional advice, and experience to make your evaluation of the merits and risks of any transaction conducted in connection with the Airdrop or any digital asset.
- You accept all consequences of claiming the Airdrop, including the risk that you may lose access to your digital assets indefinitely. All transaction decisions are made solely by you. Notwithstanding anything in these Terms, we accept no responsibility whatsoever for, and will in no circumstances be liable to you in connection with, your use of the Airdrop for performing digital asset transactions, including entering into smart contracts.
- You understand that you are responsible for all trades you place, including any erroneous orders that may be filled. We do not take any action to resolve erroneous trades that result from your errors.
- You hereby acknowledge and agree that we will have no responsibility or liability for the risks set forth in this Section or inherent to the use of the Airdrop.
- You hereby irrevocably waive, release, and discharge all claims, whether known or unknown to you, against us and our shareholders, members, directors, officers, employees, agents, and representatives, suppliers, and contractors related to any of the risks set forth in this Section or inherent to the use of the Airdrop.
- You understand and acknowledge that before you use the Airdrop, you should be familiar with any rules or laws relevant to the services provided.
- You should obtain independent advice about the different types of services available in both your home jurisdiction and other relevant jurisdictions before you start claiming the Airdrop. If your country of residence imposes restrictions on digital assets, we may be required to discontinue your access to the Airdrop . We may not be permitted to transfer digital assets or permit the transfer of digital assets as a consequence of a judicial or administrative order or regulatory environment.
- You are responsible for all taxes in respect of any gains obtained by claiming the Airdrop. Before using our services you should understand the tax implications of acquiring, entering into, holding and disposing of a digital asset. You should consult your independent tax advisor to understand the relevant tax implications of your activities.
- You understand that the use of the Airdrop is exposed to regulatory and legal risk, and that the regulatory framework of digital assets may change or vary according to each jurisdiction. The effect of regulatory legal risk may affect the value of any digital asset. The laws of various jurisdictions may apply to digital assets listed in the Airdrop. Applying these laws and regulations to digital assets is untested, and laws and regulations are subject to change without prior notice. As a result of regulation and legislation around digital assets, the Airdrop may become or not be available in certain jurisdictions.
Prohibited activities
You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activities in connection to your access and use of the Airdrop:
- Activities that infringe on or violate any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under any law or jurisdiction.
- Activities that seek to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
- Activities that seek to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
- Activities that violate any applicable law, rule, or regulation concerning the integrity of trading markets.
- Activities that violate any applicable law, rule, or regulation concerning the trading of securities or derivatives, including (but not limited to) the unregistered offering of securities and the offering of leveraged and margin commodity products to retail customers in any applicable jurisdiction.
- Activities that violate any applicable law, rule, or regulation in any jurisdiction, including (but not limited to) the restrictions and regulatory requirements.
Intellectual Property
- We own all intellectual property and other rights associated with our services provided under the bio.xyz Airdrop, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs.
- Any of our names, logos, and other marks used in the Airdrop as a part of our services are trademarks owned by us, our affiliates, or applicable licensors. You may not copy, imitate or use such trademarks without our, or the applicable licensor's prior written consent.
- You acknowledge that certain aspects of our services may use, incorporate or link to certain open-source components and that your use of the services is subject to, and you will comply with, any applicable open-source licences that govern any such open-source components.
- Excluding third-party software that our services incorporate, we own the services and all portions thereof, including all technology, content and other materials used, displayed or provided on or in connection with the services, including all intellectual property rights therein and thereto, whether or not subject to the open-source licences, and hereby grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable licence to access and use those portions of the Services that are proprietary and not available pursuant to the open-source licences.
- The services are non-custodial. When you deposit digital assets into any smart contract, you retain control over those digital assets at all times. The private key associated with the Ethereum address from which you transfer digital assets is the only private key that can control the digital assets you transfer into the smart contracts. You may withdraw digital assets from any smart contract only to the Ethereum address from which you deposited the digital assets.
- All intellectual property rights, including but not limited to trademarks, logos, and content, related to Projects included in the bio.xyz Airdrop Airdrop , and associated materials, are owned by their respective owners. You agree not to reproduce, distribute, or use any intellectual property without prior written consent from the respective owner.
Non-Custodial
- You are the sole responsible for the custody of the cryptographic private keys to the digital asset wallets you hold to access the airdrop and hold BIO.
- These Terms do not create or impose any fiduciary duties on us.
- To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated.
- You further agree that the only duties and obligations that we owe you are those set out expressly in these Terms.
Privacy
- While claiming the Airdrop we collect some personal data in order to provide our services, including your blockchain wallet address, completed transaction hashes and token IDs.
- To comply with AML and KYC regulations, you may be required to provide personal information and documentation. We reserve the right to conduct AML and KYC checks on participants and may refuse participation to anyone who fails to meet the required standards. We use the information we collect to detect, prevent, and mitigate financial crime and other illicit or harmful activities on the Airdrop . For these purposes, we may share the information we collect with blockchain analytics providers. We share information with these service providers only so that they can help us promote the safety, security, and integrity of the Airdrop.
- We may use third-party service providers which may receive or independently obtain your personal information from publicly-available sources. By accessing and claiming the Airdrop, you understand and consent to our data practices and our service providers' treatment of your information.
- For more information please visit our privacy policy at molecule.to/privacy-policy
Modification of this Agreement
- We reserve the right, in our sole discretion, from time to time, without prior notice, to modify, suspend or disable, temporarily or permanently, the Airdrop in whole or in part, for any reason whatsoever, including, but not limited to, as a result of a security incident.
- All modifications will be effective when they are posted, and your continued access or use of the Airdrop will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and claiming the Airdrop. It is your responsibility to review them periodically.
- We will not be liable for any losses suffered resulting from any modification to the Airdrop or from any suspension or termination, for any reason, of your access to all or any services of the Airdrop.
Disclaimers
- The Airdrop is provided on an "as is" and "as available" basis, without any warranties or guarantees of any kind.
- The Organization shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising out of or in connection with your participation in the Airdrop.
Indemnification
You will defend, indemnify, and hold us harmless our Affiliates, and its Affiliates' respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Indemnified Parties") from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out of or relating to:
- Your use of, or conduct in connection with, the Airdrop and the BIO token;
- Ethereum Blockchain assets associated with your Ethereum Address, including BIO tokens held in your Ethereum Address;
- Any feedback or user content you provide to the Airdrop if any;
- Your violation of these Terms; or
- Your infringement or misappropriation of the rights of any other person or entity.
If you are obliged to indemnify any Indemnified Party, we will have the right, in our sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms.
To the maximum extent permitted under applicable law, the Indemnified Parties disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement and disclaim all responsibility and liability for:
- Information (including, without limitation, the value or outcome of any transaction) available through the Airdrop which is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on information related to the Airdrop is at your own risk;
- You expressly acknowledge that the Indemnified Parties are not liable for loss or damage caused by another user's conduct, unauthorised actors, or any unauthorised access to or use of the Airdrop and the BIO tokens;
- Viruses, worms, trojan horses, time bombs, cancelbots, spiders, malware or other types of malicious code that may be used to affect the functionality or operation of the Airdrop.
Limitation of Liability
We shall, in no event, be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, goodwill, profits or other business or financial benefit) arising out of or in connection with the Airdrop (and any of their content and functionality), any execution or settlement of a transaction, any performance or nonperformance of the Airdrop, whether under contract, tort (including negligence), civil liability, statute, strict liability, breach of warranties, or under any other theory of liability, and whether or not we had been advised of, knew of or should have known of the possibility of such damages and notwithstanding any failure of the essential purpose of these Terms or any limited remedy hereunder.
This limitation of liability shall apply to the fullest extent permitted by law.
Release
You expressly agree that you assume all risks concerning your access to the Airdrop and use of the BIO tokens. Additionally, you expressly waive and release us from any liability, claims, causes of action, or damages arising from or in any way relating to your access to and use of the Airdrop.
These Terms will survive any termination of your access to the Airdrop, regardless of the reasons for its expiration or termination, in addition to any other provision which by law or by its nature should survive.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Switzerland.
Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Zug, Switzerland.
Terms of Use bio.xyz Website
LAST UPDATED: Sept 17, 2022
Bio.xyz is a proprietary software platform developed by Molecule GmbH (“Molecule”, “we”, “us”, “our”) . Molecule is an application that allows researchers to create public profiles for their projects, make them easily discoverable and tell potential collaborators about their current needs. It provides a network that connects researchers with development partners and funders to help them advance their therapeutic discoveries.
By accessing this website (the “Site”) you acknowledge the legally binding effect of the following terms and conditions (the “Terms of Use”). If you do not consent to these Terms of Use, you may not access any further pages of the Site.
Restriction of Access
By using the Site and entering into these Terms of Use, you affirm that you are a person of at least 16 years of age or older. Minors (people under the age of 18) are thus excluded from registration. You promise that you have never been suspended from the Site and that you are not accessing the Site from territories where the content is considered legal. If you are using the Site on behalf of an organization or other legal entity, you confirm to us by doing so that you have the authority to bind it to these Terms of Use.
Use of the Site
In accordance with the Terms of User, we grant you a limited, non-exclusive, non-transferable license to access and use the Site and its features. Molecule may terminate this license at any time for no reason.
Site Rules
By accessing the Site, you acknowledge and agree that you:
- Can form a binding contract in your jurisdiction and will comply with all terms outlined in this document.
- Need to provide accurate and complete information when creating an account and are not allowed to use another user’s account without permission.
- Are solely responsible for the activity and content submissions that occur while signed into your account.
- Grant every Molecule user a license to access your submitted content and to use, reproduce, distribute, and prepare derivative works of it.
- Have the necessary licenses and right to authorize Molecule to use all proprietary rights around your content.
- Are not allowed to post, upload, transmit, distribute, store, create or otherwise publish any content through the Site that is obscene, indecent, defamatory, libelous, unlawfully threatening or unlawfully harassing, violates any laws or infringes, misappropriates or violates any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- Will not not collect any personally identifiable information for commercial purposes.
- Shall not use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the services of the Site.
No Liability
To the maximum permitted extent, Molecule, individual directors, employees and agents of Molecule are not liable in any form or way for direct or indirect losses, liability claims, costs, receivables, expenses or damages of any kind, whether they arise from a contract or criminal offence or other legal reason, that result from the use of this Site or in association with it. Liability due to negligence is also excluded.
No Guarantee
The Site is offered “as is” and “as available”. To the maximum permitted extent, Molecule does not assume any guarantee, either explicitly or implicitly, with regard to the content, information and functionalities of the Site. Molecule does not guarantee the accuracy, timeliness, completeness, reliability or availability of information or results that are form the use of the Site. Molecule also does not guarantee that the Site does not contain any viruses or errors.
No Professional Advice
Any professional information on the Site (eg. medical, legal, financial) is displayed for informational purposes only and it is not Molecule’s intention to provide any advisory services through the Site. No action should be taken based on any information contained in the Site.
Third Party Links
The Site can contain content from third parties or links to third party websites. Molecule does not have control over the content of said sites and does not not assume responsibility for any product or site advertised or offered by a third party through the Site or any hyperlinked website. This also applies for the accuracy and quality of the content.
Intellectual Property
Unless otherwise indicated, all intellectual property rights and any content provided in connection with the Site, are the property of Molecule or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied license for the use of the contents of the Site. Our intention is to protect the intellectual property of Molecule as well as of all the researchers that published their projects on the Site. All rights and information associated with the submitted research projects remain the sole property of the associated researchers.
You accept and acknowledge that the material and content contained in or delivered by the Site is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Site as set forth in this agreement. Any other use of content from the Site is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights. You may not sell or modify materials derived or created from the Site or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose.
We respect the intellectual property of others, and we ask you to notify us if you believe work has been copied in a way that constitutes copyright infringement and is accessible via the Site.
Registration
Site visitors can browse most of the content without the need to register. To access certain features, the user needs to create a personal account. Authentication is managed through Firebase, a service provided by Google. Please refer to their Terms of Use for more details.
Molecule reserves the right to block registration or login of users at our sole discretion. You confirm that you will immediately notify Molecule if you are aware of any unauthorized use of your account.
Project Submission & Listing
Molecule’s goal is to provide a platform that increases visibility for researchers and their discoveries. The platform allows certain users (“Researchers”) to list their research projects (“Projects”) and enables other users (“Supporters”, “Contributors”, “Collaborators”) to easily connect with the responsible research leads.
Molecule is not liable for any of your interactions with other users found through our services. You hereby waive all claims against Molecule arising from such interactions. Molecule will not get involved in disputes between Supporters and Researchers and all dealings are directly between them. Molecule is not responsible for any of the actions of a Researcher and only Researchers can be held liable for fulfilling implied obligations. Molecule can at any time suspend a listed project for any reason.
Contact Requests
Collaborators can submit requests of contact through our platform if they would like to learn more about certain research projects or think that they can help the researchers advance their discoveries. By submitting your request, you give us permission to forward your contact details to the Researcher behind the project. All these requests are handled on a best-effort basis but there is no guarantee that requests will be read or answered.
Fees and Payments
It is generally free to join the Site but we might charge fees for specific services. Before being charged, you will always have the opportunity to review and accept the fees. Specific amounts may be subject to change according to our discretion. The user himself is responsible for paying all the fees and associated taxes. Fees are non-refundable in the case a listing is removed due to violations of the Terms of Use.
Partial Invalidity
If individual provisions of these Terms and Conditions of Use are considered invalid, unlawful or non-enforceable by a responsible court or a responsible authority pursuant to the respective law, this will not restrict the validity, lawfulness or enforceability of the other terms and conditions.
Applicable Law
These Terms of Use are governed by Swiss law. Molecule is developed by Molecule GmbH, Schwanenfelsstrasse 10a, 8212 Neuhausen am Rheinfall, Switzerland, and the materially responsible courts in Schaffhausen are responsible for the legal judgment of these Terms of Use.
Updates to these Terms of Use
We may change these Terms of Use, and any of our policies and procedures concerning our practices for managing your information, at any time and without prior notice subject to applicable law. If we make any material changes to our Privacy Policy, we will notify you by sending by prominently posting notice of the changes on the Site. The most recent version date is located at the top of this statement.
Questions and Contact
If you have any questions about Molecule, the Terms of Use or the Site, you can always contact us by email at info@bio.xyz.
DISCLAIMER. YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE, THE SERVICES, AND ANY INFORMATION, CONTENT OR MATERIALS PROVIDED (INCLUDING WITHOUT LIMITATION ANY RESEARCHERS OR CONTRIBUTORS GENERATED CONTENT) ARE PROVIDED "AS IS" AND TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. MOLECULE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS AND THIRD PARTY SERVICE PROVIDERS, HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. MOLECULE, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE DAPP INFORMATION, THE SERVICES OR ANY INFORMATION, CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION ANY DONOR LISTS OR USER GENERATED CONTENT) WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE SERVICES OR DAPP INFORMATION. MOLECULE ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, ANY FUNDERS OR USER GENERATED CONTENT) OR USER COMMUNICATIONS.