Dropico
Terms of Use
January 15, 2010
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR ANY OF THE SERVICES WE PROVIDE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR ANY OF THE SERVICES PROVIDED BY DROPICO.
Dropico is a service owned and operated by Dropico Media Ltd. (“Dropico”), which provides content publishing service for distribution of media to various online applications (“Service”). The Service comprises the Dropico website (“Site”) and software applications (“Software”), for use with personal computers, mobile devices, and/or other applicable devices. These Terms and Conditions of Use (“Terms of Use”) apply to any access to, and use of, the Site and the Service. Any use of the Site and Service is conditioned upon agreement to, and subject to, these Terms of Use. Copies of this agreement can be obtained upon request by emailing: info@dropico.com.
Dropico maintains its right to change and/or modify any item of these Terms of Use, related policies, and guidelines for use of the Service, at any time, at its exclusive discretion. Any change and/or modification will be effective immediately upon its publication to the Site. Dropico has no obligation to provide specific personal notice of such changes and/or modifications. Use of the Site or Service after publication of changes and/or modifications confirms their acceptance by the user. Therefore, users should review these Terms of Use and any related policies or guidelines for use of the Service frequently, and establish a clear understanding of all terms and conditions for use of the Site and the Service. If you disagree with any change or modification made to these Terms of Use or any related policies or guidelines for use of the Service, you should cease use of any and all applications of the Site and the Service.
1. GENERAL TERMS
1.1 Privacy
Please see our Privacy Policy for information on collection, use, and disclosure of personal information from users of the Service. [If you are a resident of any country outside the United States of America, including, without limitation, any country within the European Union, you understand and agree that storage and processing of your personal information on computers located in the United States of America, and that by providing any information to Dropico, you consent to the transfer of any and all such information to the United States of America.]
1.2 Terms of Service
Additional terms may apply to Dropico’s online media distribution and any related services (“Distribution Services”), as detailed in Section 2 below (“Terms of Service”). Please find our below Terms of Service for any additional terms, conditions, policies, and/or guidelines that may apply to your use of Distribution Services. Subscription to and/or use of any Distribution Service comprise agreement to bind to and accept the Terms of Service, as a part of the Terms of Use.
1.3 Electronic Communications
Visiting the Site, using the Service, and or sending emails to dropico.com comprise electronic communications and imply your consent to receive electronic communications from us. Any electronic communications from us will be sent to your registered email address, published as general notices on the Site, or posted as personal messages displayed to the user upon login to the Service. All agreements, notices, disclosures, personal messages, or any other communications provided by us to the user hereby meet any legal requirement for written communications.
1.4 Copyrights and Limited License
Unless otherwise indicate, the Site, all of its contents, and all other related materials, including but not limited to the Dropico logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the selection and arrangement thereof (all “Site Materials”) are the sole property of Dropico, its certified licensors, and/or its registered users, and are hereby protected by United States and International laws of copyright. Dropico hereby provides you with a limited, non-transferrable license to access and use the Site and to print hardcopy informational data from the Site and the Service, solely for your personal noncommercial and informational use, according to and subject to the terms presented in these Terms of Use (including any relevant Terms of Service and/or Terms of Sale), as well as any other agreement that you elect to enter into with Dropico. This license excludes: (a) collection, use, duplication, or distribution of any data from the Site, the Service, or the Site Materials; (b) resale, commercial use, exploitation, distribution, public display, or public performance of the Site, the Service, or the Site Materials, except as permitted by any terms of subscription agreed upon according to any applicable Terms of Service; (c) any modification or derivative use of the Site, the Service, or the Site Materials, or any data thereof; (d) use of data mining, robots, or other similar methods of data collection or extraction; (e) any download (other than page cache) of any data from the Site, the Service, the Site Materials, or any information content therein, except as explicitly permitted by the Service; or (f) use of the Site, the Service, or the Site Materials for any purpose other than their intended purposes. Use of the Site, the Service, or any Site Materials, other than as explicitly permitted by the Service, is strictly prohibited without specific written consent of Dropico, and will result in effective termination of the license granted herein, and constitutes a breach of said license. Any such unauthorized use may also constitute a violation of any applicable laws, including but not limited to copyright and trademark laws, as well as applicable communication statutes and regulations. Unless specifically stated otherwise, none of these Terms of Use grants any license to intellectual property rights by proxy, estoppel, implication, or otherwise. Dropico reserves the right to revoke this license at any time.
1.6 Repeat Infringement Policy
According to the Digital Millenium Copyright Act and any other applicable law, Dropico reserves the right to terminate, at its exclusive discretion and under applicable circumstances, accounts of any users who have been deemed to perform repeat infringement. Dropico also reserves the right to limit access to the Site and the Services and/or terminate accounts or any users who perform infringement of intellectual property irghts of any third party, with or without occurrence of repeat infringement, at its exclusive discretion.
1.7 Copyright Complaints
If you find any material on the Site or in the Service infringes upon any intellectual property rights you own or control, please file a notification of infringement with our Designated Agent as listed below.
Sagi Hirsh
E-mail Address: sagi@dropico.com
1.8 Trademarks
DROPICO, the Dropico logo, and any other product or service names, logos or slogans of Dropico contained in the Service are trademarks of Dropico and may not be copied, imitated or used, in whole or in part, without the prior written permission of Dropico. Use of metatags or other “hidden texts” utilizing “Dropico” or any other name, trademark, or product or service name of Dropico is strictly prohibited without explicit written consent from Dropico. Furthermore, the appearance and interface of the Service, including all page headers, custom graphics, button icons, layout, and scripts, are the exclusive service mark, trademark, and/or trade dress of Dropico, and may not be duplicated, imitated, or used, in whole or in part, without Dropico’s explicit prior written consent. All other trademarks, registered trademarks, product names, and company names and logos mentioned with regard to the Service are the property of their respective owners. Any reference to products, services, processes, or any other information by trade name, trademark, manufacturer, supplier, licensor, or other neither implies nor constitutes sponsorship, recommendation, or endorsement thereof by Dropico.
1.9 Hyperlinks; Third Party Sites
The limited, non-exclusive right to publish a text hyperlink to the Site, for noncommercial purposes, is granted to the user, on the condition that said link does not portray Dropico, its products, or its services, in a misleading, defamatory, derogatory, false, or otherwise mistaken manner, and on the condition that the linking site contains no illegal, malicious, pornographic, harassing, or otherwise objectionable material. Dropico reserves the right to revoke this limited right at any time at its exclusive discretion. Proprietary graphics of Dropico, including but not limited to Dropico logos and custom graphic design may not be used to link to the service without explicit written consent from Dropico. Furthermore, framing or any use of framing techniques to capture any Dropico trademark, logo, or other propietary material including visual images presented on the Site, and the textual content and/or design layout of any page or form displayed by the Service, is strictly prohibited without explicit written consent from Dropico. Excluding the above exceptions, the user is not granted any right or licence, by proxy, estoppel, implication, or otherwise to any patent, trademark, copyright, or propietary right of Dropico or any other third party. Dropico hereby denies any claim, representation, or responsibility for the quality, content, nature, or reliability of any third-party websites accessible by means of hyperlink from the Site, or other websites linking to the Site. Dropico denies any control of and responsibility for any and all contents of any said linked site or links contained therein, or any changes and/or modifications made to such sites. These links are provided for user convenience and do not in any way imply any affiliation, endorsement, or support of any such site or information content therein by Dropico. Upon exiting the Site, Dropico’s terms and policies cease to prevail. It is advisable to review all applicable terms and policies, including privacy and data collection policies and guidelines, of any site to which you may navigate from the site.
1.10 Third Party Sites and Content
Dropico reserves the right to provide third party content and/or host photo and video galleries, webpages, websites, and any other content of third parties (“Third Party Content”). Hosting or providing any Third Party Content is solely intended as a convenience to users, and does not imply approval, control, responsibility, or endorsement of said Third Party Content by Dropico, nor does Dropico have any responsibility to monitor, review, or modify such Third Party Content. Dropico provides no representation or warranty, an assumes no liability for mistaken content, libel, falsehoods, slander, defamation, profanity, obscenity, pornography, or any other objectionable content, as well as any violation of rights contained in any Third Party Content. Use of any Third Party Content is strictly at the user’s own risk and discretion.
1.11 Storage
Dropico will provide the opportunity to obtain a "Premium Account" from Amazon.com for increased storage capability among other services. This service is provided through Amazon.com's Simple Storage Service (the "Amazon S3 Service") and is governed by the terms of service for the Amazon S3 Service, in addition to these terms of service. If you choose to avail the Amazon S3 Service, you should review Amazon.com's terms of service, as well as its policy regarding privacy and data gathering practices, and any other applicable policies, prior to use of the service. In order to utilize the Amazon S3 Service, you must sign up for and obtain an Amazon S3 Service account. The agreement pertaining to your Amazon S3 Service account is directly and strictly between you and Amazon.com, and Dropico is not a party to that agreement. Accordingly, any questions regarding your Amazon S3 Service account must be directed to Amazon.com, including but not limited to questions regarding billing. This service is provided to you directly by Amazon.com, not by Dropico, and Dropico does not endorse, approve, control or adopt the Amazon S3 Service. Dropico makes no representation or warranty regarding, and is not responsible or liable in any manner for, your use of the Amazon S3 Service, or for the quality, accuracy, completeness, nature, ownership, operation, or reliability thereof. Use of the Amazon S3 Service and Premium Account is at your own risk. Please note that Dropico or Amazon cannot recover any files deleted by emptying your trash.
1.12 Advertisements and Promotions
Dropico reserves the right to run advertisements and promotions of third parties on the Site and through the Service and provide other information about third party products or service. Any business transactions or correspondence between the user and any such third party, as well as participation in promotions of said third party, and any terms, conditions, warranties, or representations therein are solely between the user and said third party. Dropico assumes no responsibility or liability whatsoever with regard to any loss or damage incurred in the course of any such transactions, correspondence, or promotions, or as a result of the publication of any such advertisement or third party information on the Site or the Service.
1.13 Interactive Services or Areas
The Site and the Service may include at present or at any time in the future services for content distribution and storages as well as any other interactive areas or service in which you and/or other users create, publish, and/or store content, including messages, pictures, video, text, music, code, messages, or any other items or materials (“User Content”) on the Site or through the Service (all “Interactive Areas”). The user assumes sole responsibility for any use and access of the Interactive areas, and any such use is at the user’s own risk. Use of any Interactive Areas implies your agreement not to upload, transmit, post, distribute, store, create, or publish in any way through the Service any of the following:
1. Lewd, indecent, pornographic, obscene, libelous, defamatory, unlawful, malicious, threatening, invasive of privacy or publicity rights, suggestive, inflammatory, abusive, fraudulent, or otherwise objectionable or harmful User Content, including but not limited to photographs or other User Content containing nudity that would be unacceptable in any public setting accessible to minors;
2. User Content that constitutes, encourages, or guides any criminal offence, violates the rights of any party, endangers national security, or that otherwise violates any local, state, national, or international law, or creates any other form of liability;
3. User Content that infringes or violates any patent, trademark, trade secret, copyright, or any other intellectual property or other right of any party. Posting User Content constitutes representation and warranty that you have the lawful right to use, display, distribute, and reproduce said User Content;
4. User Content impersonating any person or entity or otherwise fraudulently presenting any affiliation with any person or entity;
5. User Content comprised of any unsolicited promotions, advertisement, political campaigning, or any other form of solicitation;
6. Private informatiom of any third party, including but not limited to addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and/or any other information which is considered of a personal nature;
7. Viruses, corrupt data, or any other disruptive, destructive, or malicious content; and
8. Any User Content found, at the sole discretion of Dropico, to be objectionable, harmful, or to be restrictive or inhibiting towards any third party seeking to use or enjoy the Interactive Areas or the Service, or which in any way exposes Dropico or any of its users to any harm or liability of any nature.
Although Dropico denies any obligation to screen, monitor, or modify any of the User Content published in the Interactive Area, Dropico reserves the right to screen, modify, reject, refuse to post, deny access, or remove any or all User Content (including images and videos) posted or stored by you to the Site, or to deny, restrict, suspend, or terminate any user’s account and/or access to all or part of the Site, at its exclusive discretion, at any time, for any or no specified reason, with or without prior notice, with or without prior explanation, and without any liability or limitation whatsoever in the event that Dropico finds in good faith any violation of these Terms of Use or any danger or threat to Dropico, its users, or the public. The user accepts full and sole resonsibility to create backup copies and to restore any User Content posted or stored on the Site through the Service at your own expense. Note that the guidelines for content and conduct set forth in these Terms of use do not constitute any third party rights or private rights of action, however may be enforced or not enforced at the exclusive discretion of Dropico or its authorized agent. Any decision on Dropico’s part not to take action or enforce these guidelines in any specific instance does not constitute a waiver of the right to do so in the future or in any other circumstances. Although certain activities are prohibited in these Terms of Use, the user hereby acknowledges and agrees that Dropico assumes no control, responsibility, or liability for any User Content published, stored, or uploaded for any other purpose by you or by any third party, nor for any loss or damage incurred thereto, nor does Dropico claim any liability for mistakes, ommisions, falsehood, fraud, defamation, slander, libel, profanity, pornography, obscenity, or any other objectionable material you may encounter. Use of the Site and all related services is at the user’s own risk. Dropico, as a provider of interactive services, assumes no liability whatsoever for any User Content provider by its users on the Site or by means of the Service. Any use of the Site or the Service in violation of the above violates the Terms of Use and may result in termination or suspension of rights to use the Site and/or its Interactive Areas, or any other restrictive measure as seen fit by Dropico. Unless specifically stated otherwise on the Site, the user retains all copyrights to any User Content posted on the Site. However, posting any User Content or any other form of participation in the Interactive Areas grants Dropico a perpetual, irrevocable, and nonexclusive right to reproduce, publish, distribute, display, adapt, or present in any form said User Content on, or regarding the Site and the Service, royalty-free and fully sublicensably, including the right to use names submitted in the context of said Content. By creating User Content, you also agree that Dropico maintain backup copies of any and all User Content indefinitely, for the purpose of maintaining system operation. The user understands and acknowledges that any User Content in public postings, including any galleries not specifically indicated as private, are fully accessible to the public and can be accessed, indexed, archived, linked, and/or republished by others including but not limited to appearing on other websites and in search engine results. Therefore, the user assumes sole responsibility to consider the nature of any User Content prior to posting. Dropico denies any responsibility or liability for any third party access or use of any posted User Content. You hereby represent and warrant that: (a) all rights to the User Content posted are owned or otherwise controlled by you or you have been otherwise granted the right to post said User Content to the Site; (b) you have full rights and authority to grant the rights granted herein; (c) the User Content posted does not violate the Terms of Use and do not violate any rights of or cause any harm to any other person or entity.
1.14 User Account
In order to access the Service, all users must register and create an account. Only one individual may access the Service at a time using a single username and password. To register an account, you must be 18 years of age or older. Minors between the ages of 13 and 18 years may be registered to use the Site by their parents or legal guardians. Upon registering, you represent and warrant that you are over 18 and that all information provided in the registration form is complete and accurate. Dropico reserves the right to deny access to anyone at any time, with or without any specified cause, at its exclusive discretion. Upon registering, you agree to provide accurate, current, and complete information as prompted by any registration forms on the Site (“Registration Data”). Furthermore, you must also provide an accurate email address, and all registered email addresses and other account information must be kept current to enable Dropico to send any personal notices regarding your account and/or the Service to said email addresses. You agree to maintain and update any and all Registration Data, as well as any other information provided to Dropico, to keep it accurate, current, and complete.
CONSENT OF DISCLOSURE
You hereby consent, agree, and acknowledge that Dropico access, disclose, and store and information from your account considered necessary or suitable (including but not limited to name and contact information) as well as any User Content you have posted if required to do so by law or if Dropico believes in good faith that such access, disclosure, or storage is reasonable necessary or suitable to: (a) comply with any legal proceedings; (b) enforce the Terms of Use; (c) cooperate with law enforcement or other government authorities; (d) respond to any claims of User Content violating any third party rights; (e) respond to user requests for customer service; or (f) protect all rights, property, and/or personal safety of Dropico, its users, and the public. Refer to our Privacy Policy for more information on our use and disclosure of your account information.
1.15 Account Security
The user claims full responsibility for maintaining confidentiality of the password associated with the account, and for restricting access to said password and applicable computer, mobile, or other device while logged into the service. You hereby accept responsibility for all activities that are carried out by means of your account or from your computer, mobile, or other device. Dropico is committed to provide reasonable security measures for protection against any unauthorized access of your account or any User Content specified as private. However, Dropico cannot fully guarantee absolute security of any account, and cannot guarantee that said security measures prevent all third party “hackers” from illegally accessing the Service or it contents, or any other forms of malicious attack on the Service and its contents. You hereby agree to notify Dropico immediately of any unauthorized use of your account or password or any other form of security breach, and also to accept all risks of unauthorized access to the Registration Data and any other information or content provided or posted to Dropico.
1.16 Warranty Disclaimer
The Site, Site Materials, Products, and Service (including, but not limited to, hosting services) are provided on the basis of access availability without providing any kind of warranty, explicit or implicit. Dropico disclaims all other warranties, explicit or implicit, including, but not limited to, implicit warranties of marketability, suitability for any specific purpose, title, and noninfringement with regard to the Site, the Service, (including hosting services) and all information, content, products, and site materials on or available through the Site or Service, to the full extent permissible by applicable laws. Dropico in no way represents or warrants that the Site, the Service, or the information, content, or site materials are accurate, complete, reliable, current, or free of errors, or that the Site, its servers, and any emails sent from Dropico or the Site are free of viruses or other harmful contents. Dropico denies any responsibility for any typographical errors, omissions, or other mistakes regarding pricing, text, or photography. Furthermore, Dropico in no way represents or warrants the availability, reliability, or security of the Site and the Service, and denies any liability of unauthorized access, modification, suspension, unavailability, or discontinuance of the Site, the Service, or any provided products or services. The user assumes sole responsibility for creation of backup copies of any content posted to the site.
1.17 Limitation of Liability
Under no circumstances whatsoever will Dropico, its affiliates or subsidiaries, nor any respective directors, members, employees, or agents be liable in any way for any direct, special, indirect, circumstantial, or consequential damages, as well as damages of any other kind, including, but not limited to, loss of use, profits, or data (including, but not limited to loss or duplication of photos, images, or any other content hosted on the site), whether in any action in contract, tort (including, but not limited to, negligence) or otherwise, as a result of or connected in any way with use of or inability to use or view the Site, the Service, or any related products, content, or site materials, contained in or accessed through the site, including, but not limited to, any damages resulting from user reliance on any or all information obtained from Dropico, or as a result of any mistakes, omissions, interruptions, content deletions, errors, viruses, flaws, operation or transmission lags, or any suspension, termination, or other performance failure, be they the result of human error, communication errors, malicious intent of a third party, including but not limited to theft, destruction, or unauthorized access to any of Dropico’s services, programs, or records, or acts of god. Under no circumstances whatsoever shall Dropico’s aggregate liability exceed any compensation, if at all, paid to Dropico by the user for access and/or use of the Site or the Service, whether in contract, tort (including active, passive, or imputed negligence), warranty, strict liability, product liability, or any other form of liability, resulting from or regarding any use or inability to use the Site, the Service, or any related products, content, or site materials. Under certain state laws, limitations on implied warranties and exclusion or limitation of certain damages are prohibited. If such laws apply to you, some or all of the above disclaimers, limitations, and exclusion may not apply to you, and you may be entitled to additional right not specified above.
1.18 Indemnity
You hereby agree to indemnify and hold harmless Dropico, its affiliates, and its subsidiaries (all “Indemnified Parties”), and said Indemnified Parties’ independent contractors, service providers, and consultants, as well as their respective directors, employees, and agent, from and against any and all claims, damages, expenses (including but not limited to any reasonable legal fees) resulting from or regarding any User Content posted, stored, or otherwise transmitted by you on or through the Site or the Service, or any use or inability to use the Site, Content, Site Materials, or the Service (including but not limited to Distribution Services), including but not limited to any threat of or actual claim, demand, or suit made against any of the Indemnified Parties and/or any of their independent contractors, service providers, employees, directors, or consultants, as a result of or regarding your User Content, your conduct, or any violation on your part of the Terms of Use or rights of any third party.
1.19 Applicable Law
Any and all use of the Site and Service is subject to all applicable local, state, national, and international laws and regulations. These Terms of use and your use of the Service shall be governed by and conducted according to the laws of the State of California applicable to any agreements made and to be entirely performed within the State of California, without resorting to any conflict of law provisions. You hereby agree that any legal or equity action taken as a result of or regarding the Terms of Use is to be filed only in State and Federal courts located in San Francisco County, California, and you hereby irrevocably and unconditionally agree and are bound by the exclusive jurisdiction of said courts over any action, proceeding, suit, or claim as a result of these Terms of Use.
1.20 Assignment
Dropico is hereby entitled to assign any rights or obligations under these Terms of Use to: (a) any subsidiary or affiliate; (b) any entity that may acquire all or any substantial portion of Dropico’s assets; or (c) any entity that may acquire all or any substantial portion of Dropico’s interest in the Site, the Services, and/or any related assets of Dropico. You hereby understand and give your consent that in the event of any such transaction, your personal information may be transferred, as detailed in the Site’s Privacy Policy, http://dropico.com/privacy.
1.21 Termination
Dropico reserves the right, without notice and at its exclusive discretion, to terminate any account and/or license to use the Site and the Service, and to block or prevent any future access and/or use of the Site and the Service, at any time and for any or no specified cause.
Severability
If any provision of these Terms of Use is found invalid, unlawful, void, or for any reason unenforceable, said provision shall be deemed severable from these Terms of Use and will have no effect on the validity and enforceability of any remaining provisions.
Follow us on Twitter
Join us on Facebook