To use the service, you must:
Thank you for being a Droplr user. The following terms and conditions govern all use of the Droplr.com website, including d.pr. By using any of Droplr’s services, or accessing any of our websites, you are agreeing to be bound by the following terms of service.
Please read this Agreement carefully before accessing or using the website. By accessing or using any part, you agree to become bound by the terms and conditions listed in this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Droplr, acceptance is expressly limited to these terms.
Droplr has the right to update and change the terms of service from time to time without prior notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the terms of service. Continued use of the service after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your account. While we prohibit certain conduct and content on the service, you understand and agree that we cannot be responsible for the content posted on the service and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Droplr of any unauthorized uses of your account or any other breaches of security. Droplr will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Only one user is allowed to log in to each account.
If you operate an account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, links, an audio file, a video file or computer software. By making Content available, you represent and warrant that:
Without limiting any of those representations or warranties, Droplr has the right (though not the obligation) to, in Droplr’s sole discretion (i) refuse or remove any content that, in Droplr’s reasonable opinion, violates any Droplr policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Droplr’s sole discretion. Droplr will have no obligation to provide a refund of any amounts previously paid.
You are responsible for canceling your account by emailing our support services at firstname.lastname@example.org or by visiting your d.pr/billing.
Droplr may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Droplr.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Disclaimer of Warranties. The Website is provided “as is”. Droplr and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Droplr nor its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
We reserve the right to adjust or discontinue, temporarily or permanently the services of Droplr at any time without notice.
Our prices, including but not limited to monthly or annual subscription plan fees, are subject to change upon 30 days notice.
The content is every electronic file that you upload and store on your Droplr account. You are responsible for all content uploaded into your account. You are responsible for all Content you upload in your Droplr account(s) and share through the Services. You are not able to using Droplr to share and store content which is prohibited, especially: Pornography, racist content, offensive content, content which you don’t have rights.
As Droplr asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Droplr.com violates your copyright, you are encouraged to notify Droplr. Droplr will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Droplr or others, Droplr may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Droplr will have no obligation to provide a refund of any amounts previously paid to Droplr.
Downgrading your service may cause the loss access to some part of your content, features, or capacity of your account.
For claims of copyright infringement, please contact:
Droplr, Inc. 1001 SW Emkay Drive, Suite 140, Bend, OR 97702
In no event will Droplr, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Droplr under this agreement during the twelve (12) month period prior to the cause of action. Droplr shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Droplr, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
If your bandwidth usage (data transfer) exceeds your subscription plan within a month, Droplr reserves the right to terminate or disable your account until you can reduce your bandwidth consumption. Any single drop that exceeds the bandwidth limitations of your account may be disabled or terminated. Droplr reserves the right to charge you for bandwidth exceeding your allowed usage.
The Bandwidth limits depend or your subscription plan:
This Agreement constitutes the entire agreement between Droplr and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Droplr, or by the posting by Droplr of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.
The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorney’s’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Droplr may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.