Effective Date: April 18, 2018
By downloading, accessing or using the App, you agree to be bound by these Terms, and you represent and warrant that you are at least 13 years of age.
Use of Our App. While using the App, please be aware of your surroundings and play safely. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the App or any content, information, software, products or services obtained from the App, for any commercial purpose or enterprise, without our prior written permission. You may not use the App, or any content within the App, for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of an illegal activity or other activity which infringes the rights of Dropt or other individuals or entities.
You may access the App and display the content of the App and, subject to any expressly stated restrictions or limitation relating to specific material on the App, electronically copy or download onto your mobile device or other technology used to access the App portions of the content from the App solely for your own internal, non-commercial, lawful use. If you make any other use of the App, except as otherwise provided above, you may violate copyright and other laws of the United States, and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You may not (a) decompile, disassemble, or reverse engineer the App or any portion thereof; (b) attempt to gain unauthorized access to the App, any portion thereof, including content accessible via the App, or any other system or platform through the App; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the App or any content on the App; or (d) reverse look up, trace or seek to trace any information on any other user of or visitor to the App to its source. You agree that you will not use the App in any manner that could damage, disable, overburden or impair the App or interfere with any other party’s use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.
You will not use the App to violate any applicable law, rule or regulation (including, but not limited to, laws of trespass) and you will not encourage or enable others to violate any applicable law, rule or regulation. While using the App, you will not inflict emotional distress on others, will not humiliate others, will not assault or threaten others, will not enter onto private property without permission, will not impersonate others or misrepresent your affiliation and will not otherwise participate in activity that may result in personal injury, death, property damage or liability of any kind.
Accounts. When you set up an account, you are required to complete a profile and submit certain personal information to us. You may establish a username (your email address) and a password for the App. When you create an account with us, you represent to us that you are above the age of 13, and that the information you provide us is truthful, accurate, complete, current and otherwise in compliance with these Terms at all times. Submission of false, misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms may result in immediate termination of your account on the App. You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your mobile device and/or your account. You agree to accept responsibility for any and all activities that occur under your account and/or password, including, but not limited to, any activity that occurs as a result of your failure to keep secure and maintain the confidentiality of your account and password information. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the App. You may not use anyone else’s password or account at any time on the App. We will not be responsible or liable for any loss or damage arising from your failure to comply with these requirements and you may be held liable for any losses incurred by us or any other user of the App if your failure to keep your account information secure and confidential results in someone else’s use of your account, password or account information.
License; Intellectual Property. Subject to these Terms, Dropt grants you a limited, non-exclusive, and nontransferable license to: (a) download, install, and use the App for your personal, non-commercial use on a single mobile device that is compatible with the App and is owned or otherwise controlled by you strictly in accordance with these Terms and the App’s documentation; and (b) access, stream, download, and use on such mobile device the content and services made available in or otherwise accessible through the App, strictly in accordance with these Terms. You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. The App and all content and materials on the app, including, without limitation, all graphics, interfaces, features, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the App, trademarks and logos, audio and video clips, are owned by, or licensed to, Dropt. Dropt and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the App, including, without limitation, all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. You shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the App, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App, or any features or functionality of the App, to any third party for any reason, including, without limitation, by making the App available on a network where it is capable of being accessed by more than one device at a time.
Promotions. From time to time, Dropt may, but is not obligated to, offer special promotions, coupons, sweepstakes, contests, giveaways and other promotional programs (“Promotions”) that may be governed by separate eligibility requirements, time limits, restrictions, terms and conditions that will be made available to you. You agree that your participation in any Promotions will be subject to such other requirements, limits, restrictions, and conditions.
Communications. Dropt may send notices, alerts and messages to you periodically through the App or through email or other electronic methods, not including such notices, alerts and messages sent through the App for which you have opted-in to receiving through the App, such as push notifications. You may opt-out of receiving App notifications when you first create your account, through changing your notification preference settings in your account on the App, or by unsubscribing from them. Dropt will not be liable for the misdelivery or non-receipt of any such notice, alert or message.
Updates. We may from time to time, in our sole discretion, develop and provide App updates, which may include upgrades, bug fixes, patches or other error corrections, or new features. We may add or remove features or requirements and we may suspend or stop a feature altogether. You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your device is connected to the internet either (a) the App will automatically download and install all available updates or (b) you may receive notice of or be prompted to download and install available updates. You agree that all updates will be deemed part of the App and subject to these Terms.
Third-Party Links. Our App may display, include or make available third-party content or provide links to third-party sites or services) that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party site or services. We do not warrant the offerings of any of such third parties or their sites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such third-party services. We strongly recommend you read the terms and conditions and privacy policies of any third-party site or services that you visit.
WARRANTY DISCLAIMERS. Your use of the App is at your sole risk. the App, including, without limitation, any materials, information, content, functions, products, text, graphics and links thereon, are provided on an “AS IS” and “AS AVAILABLE” basis, and are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, non-interference, data accuracy, system integration, and warranties arising from trade usage, course of dealing or course of performance. the protected entities do not warrant that (a) the Service and App will function uninterrupted, secureLY or BE available at any particular time or location; (b) any errors or defects will be corrected; (c) the App ARE free of viruses or other harmful components; or (d) the results of using the App will meet your requirements. DROPT DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE APP OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE APP, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE APP. You agree that we, in our sole discretion, may immediately terminate your access to the App at any time, for any reason. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE APP OR DELETION OF YOUR ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DROPT, ITS LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, AS WELL AS OTHER USERS OF THE APP, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING, WITHOUT LIMITATION, ALL REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO (A) USE AND ACCESS OF THE APP, BY YOU OR ANY PERSON USING YOUR ACCOUNT; (B) BREACH OF THESE TERMS BY YOU OR ANY PERSON USING YOUR ACCOUNT; (C) VIOLATION OF THE LAW OR ANY THIRD-PARTY RIGHT BY YOU OR ANY PERSON USING YOUR ACCOUNT; (D) CONTENT POSTED ON THE APP BY YOU OR ANY PERSON USING YOUR ACCOUNT; AND (E) ANY ACTIVITY OTHERWISE RELATED TO USE OF THE APP (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY PERSON USING YOUR ACCOUNT.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DROPT OR ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE APP FOR: (a) PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR (b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Governing Law and Venue. These Terms and the relationship between you and Dropt will be governed and construed in accordance with the laws of Georgia, without regard to conflict-of-laws principles and you agree to submit to the personal jurisdiction and venue of the courts of the state of Georgia. If any provision for these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
Jurisdictional Issues; Export Regulation. The App is operated out of the United States. We make no representation that the App, or content or information available via the App, is appropriate or available for use outside of the United States, and access to it from jurisdictions where the content is illegal is prohibited. Those who choose to access the App from outside the United States do so at their own initiative and are responsible for compliance with all applicable local laws. This App may be subject to U.S. export control laws, including, without limitation, the U.S. Export Administration Act and its associated regulations. You may not use or export any materials on the App in violation of United States’ or any other jurisdiction’s export, re-export or import laws and regulations.
Changes. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes to these terms will become effective upon posting of revised terms. If we make material changes to these Terms, we will post the updated Terms in the App and provide notice to you that the Terms have been updated via email or in-App alert.
Contact Us. If you have any comments about these Terms, please contact us at email@example.com.
B. If you downloaded the App from the Apple App Store™, then this Section applies to you. You acknowledge that: (a) these Terms are between you and Dropt; (b) Dropt, not Apple, Inc. (“Apple”), is solely responsible for the App and the content therein; (c) Apple has no obligation to furnish any maintenance or support for the App; Dropt, not Apple, is responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation; and (d) in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any applicable warranty will be Dropt’s responsibility. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You and Dropt acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.