Last Updated: 25 May, 2018
You acknowledge that becoming a user of the Services signifies your assent to this PP. In the event there are any changes to this PP or in the way we treat any of your data, we shall intimate you of the same via email at least 1 (one) week prior to the enforcement of such change. We will also display a notice on the App regarding the above. If after your receipt of a notice of change to the ToS or PP you do not object to the same and/or continue to use the Services, you will be assumed to have provided your consent to the changes.
As stated previously, we provide all End-Users with the option and choice of opting-out of receiving the Services, at any time.
TERMS OF SERVICE
Last Updated: 25 May, 2018
This Terms of Service (the“ToS” or“Agreement”) apply with respect to the usage of the services (the“Service”) offered byDropnos LLC (the “Company”),a company incorporated under the laws of the United States and having its mailing adresse on 16192 Coastal Highway, Lewes, 19958, USA.
IF YOU DO NOT AGREE TO BE BOUND BY ALL CONDITIONS/CLAUSES CAPTURED IN THESE TOS, PLEASE DO NOT USE THE APP OR SERVICES.
“App” means Dropnos, available on both the Google Play Store;
"Company," "we," "us," or "our" includes any other companies that are the Company’s subsidiaries and affiliates.
“Company Content” means and includes all ideas, concepts, inventions, systems, code, platforms, software, interfaces, tools, utilities, templates, forms, techniques, methods, processes, algorithms, know-how, trade secrets, and other technologies and information acquired, created, developed or licensed independently by us, prior to or outside the scope of this ToS and any improvement, modification, extension or other derivative works thereof and all intellectual property rights thereto.;
“End-User Data” means all electronic data, information, or other content (including the activity or behaviour of End-Users), submitted or provided by or on behalf of you to us;
“End User” or“You” means any user or customer of our App;
These ToS may be updated, amended, modified or revised by us from time to time. Each such updation or modification to the ToS will be communicated to You via email, and You will be required to give your separate consent to each such revised version to be able to continue to use the Services. As a best practice, we encourage that You to refer to these ToS from time to time to ensure that You are aware of any additions, revisions, amendments or modifications that we may have made.
We provide an array of features and functionalities, including inter alia:
The Company reserves the right, in its sole discretion, to add, change, suspend, or discontinue all or any part of the Services at any time by posting a notice on the App and by sending You an email. Your continued use of Services following the posting of any changes to the same (including the addition or removal of features) constitutes Your acceptance of those changes. You are solely responsible for the activity that occurs on Your account (including those of other authorised users such as your employees) and for maintaining the security of your account and any information You input. We are not responsible for the accuracy or legitimacy of any information, or End-User Data uploaded or posted by you on the App during your usage of the Services. For the purposes of clarity, as long as your account is accessed with the correct username and password and unless you notify us of any unauthorised access, the Company is not and will not be responsible for verifying the nature of the individual/entity accessing your account, including if that person accesses, exports, or downloads any End-User Data from the App, and then shares the same with any third-party.
In order to register for our Services, you are required to register yourself on our App or store. This requires you to provide us with your name,email, phone no, street address, city, state, country and postal code. We do not have access to and do not at any time request you to provide us with access to your password, unless you have given us explicit written permission to access your account pursuant to a request for assistance or support.
It is Your responsibility to ensure that the information You provide is accurate, secure, and not misleading. You account user ID and password should not (i) contain the names and information of another person; or (ii) use words that are the trademarks or the property of another party (including ours); or (iii) use words that are vulgar, obscene or in any other way inappropriate. At the time of creation and each time you access your account thereafter, we track your IP address for the purposes of determining the geographical location from which you are accessing the App.
All End-User Data that you create, transmit, submit, display or otherwise make available while using the Services, should only be information that You own or have the right to use and share. This includes:
While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control, that may cause all or any part of your data to be permanently deleted, irretrievable, or temporarily inaccessible.
We use certain third-party service providers in order to power and provide you with the Services. In this process, we share some or all of the End-User Data with some of these third-party service providers, as is necessary to enable them to provide the requisite services. These service providers are as follows:
Further, we will attempt to ensure that all our third-party service providers are bound by and adhere to the same obligations of confidentiality and data privacy as we guarantee to You.
As a condition of use, You promise not to use the Service for any purpose that is prohibited by the ToS, by law, or other rules or policies implemented by us from time to time. The Service and is provided only for Your own personal, non-commercial use.
By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity.
Your copying, distributing, displaying, reproducing, modifying, or in any other way using of the Company Content in any manner not specified in these ToS, will be a violation of copyright and other intellectual property rights and Company reserves its rights under applicable law accordingly. We reserve all rights, title, and ownership in and to the Company Content.
You will at all times remain the complete owner and retain all rights and title in and to your data. This includes assuming liability and responsibility in cases where your data breaches any conditions of confidentiality, any intellectual property rights, or any other third-party rights.
You agree that we may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
and you agree to provide your fullest co-operation further to such communication by Company.
You are prohibited from:
We may, upon obtaining knowledge by itself or been brought to actual knowledge in writing or through email about any breach of the above conditions, temporarily suspend/delete your account, impose penalties, or take any other actions that we may deem fit. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes or as may be required by applicable law.
In case of non-compliance with any applicable laws, rules or regulations, or this ToS/PP by you, we shall have the right to immediately terminate Your access or usage rights to the App and to remove non-compliant information from the same.
You may access support resources or contact our support by emailing at Admin@dropnosoffice.com. We shall use commercially reasonable best efforts to respond to Your request for support, or to fix any problems You may be having, as is applicable.
The Company reserves the right to suspend or terminate Your access to the App and the Services with or without notice and to exercise any other remedy available under law, in cases where,
Once temporarily suspended, indefinitely suspended or terminated, You may not continue to use the App under the same account, a different account or re-register under a new account. The Company shall destroy and/or delete all the data and other information related to your account within 14 days of the date of termination. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including without limitation, warranty disclaimers, indemnity and limitations of liability.
THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/JV partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) Your use or misuse of, or access to, the App and Services; or (ii) Your violation of the ToS or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in connection therewith.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
This Agreement shall be governed by and construed in accordance with the laws of United States without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the App, the ToS or any transactions entered into on or through the App shall be subject to the exclusive jurisdiction of the courts at New York , United States and You hereby accede to and accept the jurisdiction of such courts.
The ToS are the entire agreement between You and the Company with respect to the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Company with respect to the same. If any provision of the ToS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToS will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The ToS are personal to You and are not assignable or transferable by You except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS and neither party has any authority of any kind to bind the other in any respect. All notices under the ToS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
If You have any questions regarding the App or Services, please contact us at email@example.com or call at 1 800 617 6739