TERMS & CONDITIONS

Last Updated: 2.2.2022

Introduction

DropSpot (“DropSpot,” “we,” “us”, or “our”) is a platform for the distribution of digital artworks (NFTs) running on the Cardano network. This website is only an interface allowing participants to exchange digital collectibles. Users are entirely responsible for the safety and management of their own private Cardano wallets and validating all transactions and contracts generated by this website before approval. Furthermore, as the DropSpot smart contract runs on the Cardano network, there is no ability to undo, reverse, or restore any transactions. As a user of this platform you take full responsibility for all NFTs you mint, the licences and royalties attaching thereto and any onward sale.

Welcome to DropSpot, owned and operated by BlockSpot Pty Ltd. These Terms of Service (“Terms”) govern your access to and use of the DropSpot website(s), and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, and create NFTs and use our tools, at your own discretion, to connect directly with others to purchase, sell, or transfer NFTs on public blockchains (collectively, the “Service”). “NFT” in these Terms means a non-fungible token or similar digital item implemented on a blockchain (such as the Cardano blockchain), which uses smart contracts to link to or otherwise be associated with certain content or data.

For purposes of these Terms, “user”, “you”, and “your” means you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf. By clicking accept you agree to these Terms of Service. Please read them carefully.

DropSpot is not a wallet provider, exchange, broker, financial institution, or creditor. DropSpot provides a peer-to-peer internet service that helps users discover and directly interact with each other and NFTs available on public blockchains. We do not have custody or control over the NFTs or blockchains you are interacting with and we do not execute or effectuate purchases, transfers, or sales of NFTs. To use our Service, you must use a third-party wallet which allows you to engage in transactions on blockchains.

This website and its connected services are provided “as is” and “as available” without warranty of any kind. By using this website you are accepting sole responsibility for any and all transactions involving DropSpot distributed digital collectibles.

DropSpot is not party to any agreement between any users. You bear full responsibility for verifying the identity, legitimacy, and authenticity of NFTs that you purchase from third-party sellers using the Service and we make no claims about the identity, legitimacy, functionality, or authenticity of users or NFTs (and any content associated with such NFTs) visible on the Service.

DropSpot reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.

Accessing the Service

Like much of internet, your blockchain address functions as your identity on DropSpot. Accordingly, you will need a blockchain address and a third-party wallet to access the Service. Your account on the service (“Account”) will be associated with your blockchain address and your username.

Your Account on DropSpot will be associated with your linked blockchain address and display the NFTs for that blockchain address (and, if applicable, any content associated with such NFTs). By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with DropSpot, and DropSpot does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents.

DropSpot accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account. You also represent and warrant that you will comply with all applicable laws when using the Service.

DropSpot may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, DropSpot, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by DropSpot. If you do not provide complete and accurate information in response to such a request, DropSpot may refuse to restore your access to the Service.

Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that DropSpot, in its sole discretion, may elect to take.

Ownership

Once minted, you Own the NFT. Each NFT minted or purchased on DropSpot is an NFT on the Cardano blockchain. When you mint or purchase an NFT, you own the underlying Art completely in accroiance with the underlying CC license. Ownership of the NFT is mediated entirely by the Smart Contract and the Cardano Network: at no point may we seize, freeze, or otherwise modify the ownership of any NFT produced by DropSpot.

License to Access and Use Our Service and Content

You are hereby granted a limited, nonexclusive, non-transferable and personal license to access and use the Service provided, however, that such license is subject to your compliance with these Terms. If any software, content, or other materials owned by, controlled by, or licensed to us are distributed or made available to you as part of your use of the Service, we hereby grant you a non-commercial, personal, non-assignable, non-transferrable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Service, in each case for the sole purpose of enabling you to use the Service as permitted by these Terms, provided that your license in any content linked to or associated with any NFTs is solely as set forth by the applicable seller or creator of such NFT.

Third-Party Content and Services

DropSpot does not make any representations or warranties about this third-party content visible through our Service, including any content associated with NFTs displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of NFTs that you purchase from third-party sellers. We also cannot guarantee that any NFTs visible on DropSpot will always remain visible and/or available to be bought, sold, or transferred. NFTs may be subject to terms directly between buyers and sellers with respect to the use of the NFT content and benefits associated with a given NFT (“CC License”).

User Conduct

We are committed to free artistic expression. However, to protect our community and comply with our legal obligations, we reserve the right to take action, with or without advance notice, if we believe you have violated these Terms. This may include: removing the ability to view certain NFTs on the Service or use our Service to interact with the NFTs; disabling the ability to use the Service in conjunction with buying/selling/transferring NFTs available on blockchains; disabling your ability to access our Service; and/or other actions.You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Service. You also agree that you will not:

  • Use or attempt to use another user's Account without authorization from such user;
  • Pose as another person or entity;
  • Claim an DropSpot username for the purpose of reselling it or otherwise engage in name squatting;
  • Access the Service from a different blockchain address if we've blocked any of your other blockchain addresses from accessing the Service, unless you have our written permission first;
  • Distribute spam, including through sending unwanted NFTs to other users;
  • Use the Service - including through disseminating any software or interacting with any API - that could damage, disable, overburden, or impair the functioning of the Service in any manner;
  • Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to DropSpot;
  • Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;
  • Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
  • Sell or resell the Service or attempt to circumvent any DropSpot fee systems;
  • Engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favorites, or other metrics that DropSpot might use to sort search results;
  • Use the Service to create, sell, or buy NFTs or other items that give owners rights to participate in an ICO or any securities offering, or that are redeemable for securities, commodities, or other financial instruments;
  • Use the Service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity;
  • Use the Service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items;
  • Infringe or violate the intellectual property rights or any other rights of others;
  • Create or display illegal content, such as content that may involve child sexual exploitation;
  • Create or display NFTs or other items that promote suicide or self-harm, incites hate or violence against others, or doxes another individual;
  • Use the Service for any illegal or unauthorized purpose, including creating or displaying illegal content, such as content that may involve child sexual exploitation, or encouraging or promoting any activity that violates the Terms of Service;
  • - Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service.

Intellectual Property Rights

You are solely responsible for your use of the Service and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements outlined above. By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with DropSpot's metadata standards in your metadata API responses, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. This includes any digital file, art, or other material linked to or associated with any NFTs that are displayed on the Service.

DropSpot does not claim that submitting, posting, or displaying this content on or through the Service gives DropSpot any ownership of the content. 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 create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant DropSpot the license described above, and that the content does not violate any laws.

DropSpot may take down works in response to cease & desist or takedown notices and/or other intellectual property infringement claims and will terminate a user's access to the Service if the user is determined to be a repeat infringer, at its sole discretion.

If you have an alleged infringement claim regarding content on the Service, please write to us by e-mail or physical mail instead, your notice must include:

  • Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;
  • Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Service of the material claimed to be infringing, so that we may locate the material;
  • Your contact information - at a minimum, your full legal name (not pseudonym) and email address;
  • A declaration that contains all of the following:
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;
  • A statement that the information in the notice is accurate; and
  • A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.
  • Your physical or electronic signature (of your full legal name). Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on DropSpot and can also contact you to resolve any dispute.

Communication Preferences

By creating an Account, you consent to receive electronic communications from DropSpot.

Indemnification

By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless DropSpot, from any Claims arising from your use of the Service.

Governing Law

These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the New South Wales, Australia.

Termination

If you breach any of the provisions of these Terms, all licenses granted by DropSpot will terminate automatically.

Survival

All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by DropSpot or you. Termination will not limit any of DropSpot's other rights or remedies at law or in equity.