Movedrop Terms and Conditions

U.S. CITIZENS AND/OR RESIDENTS AND THE CITIZENS AND/OR RESIDENTS OF CERTAIN OTHER RESTRICTED COUNTRIES ARE NOT ELIGIBLE TO PARTICIPATE IN THE MOVEDROP PROGRAM. ELIGIBILITY FOR AND PARTICIPATION IN THE MOVEDROP PROGRAM IS SUBJECT TO APPLICABLE TERMS OF SERVICE, LAWS, AND REGULATIONS AND IS NOT GUARANTEED. NOTHING HEREIN ENTITLES YOU TO ELIGIBILITY FOR OR PARTICIPATION IN THE MOVEDROP PROGRAM. TOKENS BEING MADE AVAILABLE AS PART OF THE MOVEDROP PROGRAM ARE A GIFT PROVIDED FOR NO CONSIDERATION 

THE MOVEDROP PROGRAM IS NOT AN OFFERING TO SELL, THE SOLICITATION OF AN OFFER TO PURCHASE, OR AN ENCOURAGEMENT TO PURCHASE TOKENS. YOU SHOULD NOT RELY ON THE MOVEDROP PROGRAM OR THE CONTENT HEREIN FOR ADVICE OF ANY KIND, INCLUDING LEGAL, INVESTMENT, FINANCIAL, TAX, OR OTHER PROFESSIONAL ADVICE. INFORMATION ABOUT THE MOVEDROP PROGRAM IS NOT A SUBSTITUTE FOR ADVICE FROM A QUALIFIED PROFESSIONAL OR YOUR OWN RESEARCH.

Terms of Service

November 25, 2024

Please read these Terms of Service (the “Terms” or “MoveDrop Program Terms”) carefully because they govern your (“Participant”, “you”, “your”) use of the website located at claims.movementnetwork.xyz (the “Site”) and your eligibility for and participation in the MoveDrop Program (an airdrop program for $MOVE tokens (“Tokens”) organized the Movement Network Foundation). The Site is an open-source community platform made available by Movement Network Foundation (the “Organization”, “we”, or “us”). The Site provides an interface to access, interact with, and contribute to the Movement Ecosystem. This program is maintained by ecosystem participants and other third parties. To make these Terms easier to read, the Site and our services, including the MoveDrop Program, are collectively called the “Services”.

To be eligible to participate in MoveDrop Program, participants must have full legal capacity and authority to agree and bind themselves to the MoveDrop Program Terms and fulfill such other eligibility requirements or criteria Movement Labs may issue or publish from time to time at its sole and absolute discretion. Participants must also be at least 18 years of age or of legal age to form a binding contract under applicable laws.

NOTICE ON PROHIBITED USE – US AND OTHER RESTRICTED PERSONS. THE SERVICES ARE NOT OFFERED TO AND MAY NOT BE USED BY:PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN THE UNITED STATES OF AMERICA (COLLECTIVELY, “US PERSONS”) OR PERSONS OR ENTITIES WHO RESIDE IN, ARE CITIZENS OF, ARE LOCATED IN, ARE INCORPORATED IN, OR HAVE A REGISTERED OFFICE IN ANY RESTRICTED TERRITORY, AS DEFINED BELOW (EACH SUCH PERSON OR ENTITY FROM A RESTRICTED TERRITORY, A “RESTRICTED PERSON”).

WE DO NOT MAKE EXCEPTIONS. THEREFORE, IF YOU ARE A US PERSON OR OTHER RESTRICTED PERSON, THEN DO NOT ATTEMPT TO USE THE SERVICES OR ACCESS THE SERVICES VIA A VIRTUAL PRIVATE NETWORK (“VPN”) OR ANY OTHER SIMILAR MEANS INTENDED TO CIRCUMVENT THE RESTRICTIONS SET FORTH HEREIN. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND PARTICIPATION IN THE MOVEDROP PROGRAM SHALL BE DEEMED A REPRESENTATION AND WARRANTY BY YOU THAT YOU ARE NOT A RESTRICTED PERSON.

WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE ORGANIZATION THROUGH BINDING, ARBITRATION RATHER THAN IN COURT.

Participants may be required to provide us with any additional information and complete any required tax or other forms relating to the eligibility to participate in the MoveDrop Program. Please review Movement Network Foundation Privacy Policy, which also governs your participation in the MoveDrop Program, for information on how we collect, use, and share your information. By choosing to participate, participants agree to be bound by the terms of such privacy policy.

The MoveDrop Program reserves the right to terminate and/or modify these terms in whole or in part at any time without prior notice. It is important that you review them whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

The Services are only available to users in certain jurisdictions who can use the Services as permitted under applicable law. The Services are not authorized for use in certain other jurisdictions, such as the United States of America (see ‘Notice on Prohibited Use’ above). You may not attempt to access or use the Services if you are not permitted to do so.

In order to protect the integrity of the Services, we reserve the right, at any time, in our sole discretion, to block access to the Services from certain IP addresses and unique device identifiers. For the purposes of the Terms, “Restricted Territory” means each of Algeria, Bangladesh, Bolivia, Belarus, Burundi, Canada, Cote D'Ivoire (Ivory Coast), Crimea and Sevastopol (Region in Ukraine), Cuba, Democratic Republic of Congo, Donetsk People’s Republic and Luhansk People’s Republic regions of Ukraine, Ecuador, Iran, Iraq, Liberia, Libya, Mali, Morocco, Myanmar,  Nepal, North Korea, Somalia, Sudan, Syria, United States, Venezuela, Yemen, Zimbabwe, any other country to which the United States embargoes goods or imposes similar sanctions and any other jusrisdiction we may choose to restrict from to time for any or no reason.

Participation in the MoveDrop Program is at your own risk, and we shall not be liable or responsible for any loss, damage, claim, expenses or costs suffered by you or any third party as a result of your participation (or failure to participate in) the MoveDrop Program.

IN NO EVENT SHALL THE ORGANIZATION 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 MOVEDROP OR THE RECEIPT OF ANY TOKENS.

THE ORGANIZATION DOES NOT TAKE ANY RESPONSIBILITY FOR THE PARTICIPATION BY ANY PARTICIPANT IN THE MOVEDROP. THE ORGANIZATION DOES NOT PROVIDE ANY RECOMMENDATION OR ADVICE IN RESPECT OF THE MOVEDROP OR THE TOKENS. EACH PARTICIPANT PARTICIPATES IN THE MOVEDROP AT ITS OWN RISK AND RECEIVES TOKENS AT ITS OWN RISK.

 

Participant Representations and Acknowledgements

  1. You represent and warrant that all information provided by you during the MoveDrop process and on the Site is true, accurate, and complete.
  2. You agree and acknowledge that (a) solely you are responsible and liable for all taxes due in connection with your participation in the MoveDrop Program; and (b) you should consult a tax advisor with respect to the tax treatment of tokens you may receive through participation in the MoveDrop Program in your jurisdiction.
  3. You agree and acknowledge that you are responsible for complying with all applicable laws of the jurisdiction in which you reside or in which you are participating in the MoveDrop Program and claiming any tokens.
  4. You represent and warrant that you are not (i) Restricted Person; (ii) directly or indirectly acting on behalf of a Restricted Person; and (iii) located in or accessing the Services from a Restricted Territory. You agree that you will not use a virtual private network (“VPN”) or similar tool to circumvent any geo-blocking and/or other restrictions that we have implemented in connection with the MoveDrop Program. Any such deliberate circumvention, or attempted circumvention, of our controls may permanently disqualify you from participation in the MoveDrop Program, as determined in our discretion.
  5. You agree and acknowledge that your participation in the MoveDrop Program does not violate any applicable laws, including without limitation applicable economic and trade sanctions and export control laws and regulations, such as those administered and enforced by the EU, OFSI, OFAC, the U.S. Department of State, the U.S. Department of Commerce, the UN Security Council, and other relevant authorities.
  6. You agree and acknowledge that the Organization reserves the right to require additional information from you and to enter, use, or share such information into or with a screening service provider, and its systems, tools, or functionalities, as the Organization deems appropriate in its sole discretion, including to reduce the risks of money laundering, terrorist financing, sanctions violations, or other potentially illicit activity, or as otherwise necessary to address laws and regulations that may be relevant to the MoveDrop Program or the Tokens. You agree to provide complete and accurate information in response to any such requests. You agree and acknowledge that the Organization is not responsible and cannot be held liable for any losses, expenses, or delays resulting from inaccurate or incomplete information, and you agree to assume full responsibility for any and all risks associated therewith.
  7. You agree and acknowledge that you (a) lawfully may receive Tokens for free as a gift via the MoveDrop Program (other than gas fees, administrative fees or applicable taxes, if any, that may be due to third parties), (b) were not promised the Tokens or any tokens (whether via the MoveDrop or otherwise); and (c) took no action in anticipation of, or in reliance on, receiving the Tokens or any tokens, the occurrence of the MoveDrop Program, or potential participation in any airdrop.
  8. Your eligibility to receive Tokens or participate in the MoveDrop Program is subject to our sole discretion. The MoveDrop Program shall be conducted during a specified period, as determined by the Organization in its sole discretion (the “MoveDrop Program Period”). Participant must follow the instructions set forth in any MoveDrop Program announcement and/or such other instructions as may be provided by the Organization from time to time to participate in the MoveDrop Program. The number of Tokens allocated to each Participant will be determined by the Organization, in its sole discretion, and such allocation may vary among Participants. Tokens may be made available for claims after an initial period in which Participants can register for MoveDrop Program eligibility, but not claim, Tokens. You acknowledge that failure to register for eligibility before 2pm UTC on December 2, 2024 will result in loss of any eligibility.
  9. You agree and acknowledge that you are not entitled to receive any Tokens and/or to participate in the MoveDrop Program based on any documentation, commentary, calculators, metrics, and/or points systems published or otherwise made known by third parties monitoring activities on the Movement Network testnet(s) (or any of its smart contracts) or providing third-party applications or services relating thereto (“Third-Party Publications and Services”). You have no claim to Tokens based on such Third-Party Publications and Services. The Organization does not review, control, monitor, or confirm the accuracy of information that may be provided through Third-Party Publications or Services.
  10. You agree that you are the legal owner of the MoveDrop Program Address (as defined below) that you use to access or participate in the MoveDrop Program and the Services and will not sell, assign, or transfer control of such address or the Tokens to third parties to circumvent any restrictions or to knowingly redistribute Tokens to a person, IP Address (as defined below), or MoveDrop Program Address (as defined below) that would violate these MoveDrop Program Terms if claimed directly by such person, IP Address, or MoveDrop Program Address.
  11. To participate in the MoveDrop Program, you will need to enter an eligible MoveDrop Program Address (as defined below) and/or connect a compatible third-party digital wallet (either, a “Wallet”). Failure to provide and connect an eligible Wallet may result in the forfeiture of Tokens. There may be technical limitations, delays, and/or transaction fees due or payable to third parties, such as gas fees on Ethereum transactions, to receive and/or claim Tokens through your Wallet.
  12. By using a Wallet, you agree that you are using the Wallet in accordance with any terms and conditions of an applicable third-party provider of such Wallet. Wallets are not maintained or supported by, or associated or affiliated with, the Organization. When you interact with the MoveDrop Program or other Services, as between the Organization and you, you retain control over your digital assets at all times. We do not control digital assets in your Wallet, and we accept no responsibility or liability to you in connection with your use of a Wallet. We make no representations or warranties regarding how the MoveDrop Program or other Services will operate with, or be compatible with, any specific Wallet. The private keys necessary to access and/or transfer the digital assets held in a Wallet are not known or held by the Organization. Any third party that may gain access to Participant’s login credential, private key, or third-party cloud or storage mechanism for such information may be able to misappropriate Tokens and/or other digital assets held by Participant. The Organization has no ability to help you access or recover your private key and/or seed phrase for your Wallet. As between you and the Organization, you are solely responsible for maintaining the confidentiality of your private key, and solely you are responsible for any transaction signed with your private key. The Organization is not responsible for any loss associated with the Participant’s private key, digital wallet, vault, or other storage mechanism.
  13. You agree and acknowledge that if you are unable to claim the MoveDrop Program due to technical bugs, smart contract issues, gas fees, wallet incompatibilities, loss of access to a wallet or the key thereto, or for any other reason, you will have no recourse or claim against the Organization or any of its employees, directors, contractors, officers, affiliates or representatives (each an “Organization Person”). In any such cases, neither the Organization nor any Organization Person will bear any liability.
  14. You agree and acknowledge that claiming the MoveDrop Program may require interaction with, reliance on, or an integration with third-party products or services (e.g., a wallet or a network or blockchain) that we do not control. In the event that you are unable to access such products, services, or integrations, or if they fail for any reason, and you are unable to participate in the MoveDrop Program or claim MoveDrop Program Move as a result, you will have no recourse or claim against us or any Organization Person; and neither we nor any Organization Person bear(s) any responsibility or liability to you.
  15. You agree and acknowledge that your participation in the MoveDrop Program is at your own risk.
  16. You agree that you shall defend, indemnify, and hold the Organization and Organization Persons harmless from and against any and all claims, actions, proceedings, investigations, demands, suits, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs, and fines or penalties imposed by any regulatory authority) incurred by the Organization or Organization Persons arising out of or in connection with: (a) your use of, or conduct in connection with, the MoveDrop Program; (b) your breach or our enforcement of these MoveDrop Program Terms, or (c) your violation of any applicable law, regulation, or rights of any third party. If you are obligated to indemnify the Organization or any Organization Person hereunder, then you agree that the Organization (or, at its discretion, the applicable Organization Persons) will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Organization wishes to settle, and if so, on what terms, and you agree to fully cooperate with the Organization in the defense or settlement of such claim. Your obligations under this indemnification provision will continue even after these MoveDrop Program Terms have expired or been terminated.

 

Eligibility

  1. The Organization, in its sole discretion, shall determine the eligibility criteria for participation in the MoveDrop Program, including the amount of Tokens to be distributed to eligible Participants that satisfy certain criteria. Different eligible Participants may receive different amounts of Tokens in the MoveDrop Program, depending on the criteria set forth by the Organization for the MoveDrop Program. The Organization shall have no obligation to notify actual or potential MoveDrop Program participants of the eligibility criteria for any MoveDrop Program prior to, during, or after the claims are opened for such MoveDrop Program.
  2. The Organization reserves the sole and absolute right to disqualify any Participant or potential Participant it deems ineligible for an MoveDrop Program (be it under these MoveDrop Program Terms or by having determined that Participant engaged in any conduct that the Organization considers harmful, unlawful, inappropriate, or unacceptable). Such disqualification may be appropriate if the Organization determines, in its sole discretion, for example, that Participant may have used multiple addresses to obscure its identity or location or to attempt to game, cheat, or hack the MoveDrop Program, Tokens, or the Movement Network testnet(s).
  3. Participant has full legal capacity and authority to bind and agree to the MoveDrop Program Terms. Participant is at least 18 years of age or is of legal age to form a binding contract under applicable laws. If Participant is acting as an employee or agent of a legal entity, and enters into the MoveDrop Program Terms on behalf of the entity, Participant represents and warrants that Participant has all necessary rights and authorizations to do so.

The Organization may deny, in its sole discretion, any person, internet-protocol address (“IP Address”), and/or Ethereum or similar digital-asset, smart-contract, or protocol address (“MoveDrop Program Address”) access to the Site (or otherwise exclude such person, IP Address, or MoveDrop Program Address from Move Claims) based on data from the Organization’s screening service provider when such data indicates such person, IP Address, or MoveDrop Program Address may present heightened risks.

User Interface Disclaimer

Use of the Site and participation in the MoveDrop Program is at the risk of the user. The Services are provided on an “as is'” and “as available” basis. The Organization expressly disclaims all warranties of any kind, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

The Organization makes no warranty that the MoveDrop Program or the Services will meet your requirements or be uninterrupted, timely, secure, or error-free. The Organization makes no warranty that the results that may be obtained from access to or the use of Services will be accurate or reliable or that the quality of any products, services, applications, information, or other material purchased or obtained by you through the Services will meet your expectations.

By accessing and using the MoveDrop Program or the Services, you represent and warrant that you (a) understand the risks inherently associated with using cryptographic and blockchain-based systems and (b) have a working knowledge of the usage, storage, and intricacies of digital assets, such as those, like Move, following an Ethereum token standard (ERC-20). You further represent that you understand that markets for digital assets are highly volatile due to various factors, including adoption, speculation, technology, security, and regulation. 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 or decrease dramatically at any time. You acknowledge and accept the risk that your digital assets may have no value or lose some or all of their value during the MoveDrop Program Period or after. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent certain projects, entities, or people, and you acknowledge and accept the risk that you or others may mistakenly seek to claim or trade those or other tokens. You acknowledge that the Organization is not responsible for any of these variables or risks and cannot be held liable for any resulting losses that you experience, including losses while accessing or using the MoveDrop Program or the Services. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the MoveDrop Program and the Services.

You expressly understand and agree that the Organization will not be liable for any direct, incidental, special, consequential, exemplary damages, or damages for loss of profits, including damages for loss of goodwill, use, or data or other intangible losses (even if the Organization has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (a) the use or the inability to use the MoveDrop Program or the Services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the MoveDrop Program or the Services; (c) unauthorised access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Services; (e) interruption or cessation of function related to our interface or website; (f) bugs, viruses, trojan horses, or the like that may be transmitted to or through the interface or website; (g) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the interface or website; or (h) any other matter relating to the MoveDrop Program or the Services.

No Professional Advice or Fiduciary Duties

All information provided on the website or through the MoveDrop Program or the Services, or otherwise provided by the Organization, is for informational purposes only and is not and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information contained on the website or obtained through the MoveDrop Program or the Services. Before you make any financial, legal, tax, or other decisions with respect to the MoveDrop Program or the Services, you should seek independent, professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

These MoveDrop Program Terms are not intended to, and 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 MoveDrop Program Terms.

Entire Agreement

These MoveDrop Program Terms contain the entire agreement between you and the Organization regarding the MoveDrop Program and supersede all prior and contemporaneous understandings between the parties regarding the MoveDrop Program. We may modify these MoveDrop Program Terms from time to time in which case we will update the “Last Revised” date at the top of these MoveDrop Program Terms. The updated MoveDrop Program Terms will be effective as of the time of posting, or such later date as may be specified in the updated MoveDrop Program Terms. Your continued access or participation in the MoveDrop Program after the modifications have become effective will be deemed your acceptance of the modified MoveDrop Program Terms.

Severability

If any term, clause, or provision of these MoveDrop Program Terms is held to be illegal, invalid, void, or unenforceable (in whole or in part), then such term, clause, or provision shall be severable from the MoveDrop Program Terms without affecting the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision in the MoveDrop Program Terms, which will otherwise remain in full force and effect. Any invalid or unenforceable provisions will be interpreted to affect the intent of the original provisions. If such construction is not possible, the invalid or unenforceable provision will be severed from the MoveDrop Program Terms, but the rest of the MoveDrop Program Terms will remain in full force and effect.