These terms were last updated on July 20, 2022..
Please note that your use of DropOffer products and services (“DropOffer Services), which may be marketed on our Platforms, are provided by DropOffer pursuant to the terms set forth in a separate manually or digitally-executed services agreement (the “Master Services Agreement”). Those additional terms become part of your agreement with us, if you use the DropOffer Services. If there is a conflict or inconsistency between these Terms and your Master Services Agreement, the latter shall have precedence with respect to your access and use of the DropOffer Services that are governed by the applicable Master Services Agreement.
DropOffer reserves the right to revise these Terms. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop accessing and using the Platforms. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you. Your continued use of the Platforms after any such update constitutes your acceptance of such changes.
You may be required to create an account and specify a password in order to use certain services or features on the Platforms, including when invited to use DropOffer Services by an agent To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. If your information changes at any time, please update your account to reflect those changes.
You may not share your account with anyone else. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your username and password. We may assume that any communications we receive under your account have been made by you. If you believe that your account has been compromised at any time, you are responsible for notifying us at firstname.lastname@example.org.
DropOffer will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by DropOffer or a third party due to someone else using your account. In the event that you lose access to an account or otherwise request information about an account, DropOffer reserves the right to request from you any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.
Customer Content and Feedback
Our Platforms may include discussion forums, blogs, or other interactive features or areas (collectively, “Interactive Areas”) and we may provide opportunities for you to post text, photographs, videos, or other content (collectively, “Customer Content”) to the Interactive Areas. You can only post Customer Content if you own all the rights to that Customer Content, or if another rights holder has given you permission.
You do not transfer ownership of your Customer Content simply by posting it. However, by posting Customer Content on or through the Platforms and their Interactive Areas, you grant us, our agents, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Customer Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). You agree that this license includes the right for DropOffer to provide, promote, and improve the Platforms and to make Customer Content submitted to or through the Platforms available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Customer Content on other media and services, subject to our Terms for such Customer Content use. Such additional uses by DropOffer, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Customer Content that you submit, post, transmit or otherwise make available through the Platforms and Interactive Areas as the use of the Platforms and Interactive Areas by you is hereby agreed as being sufficient compensation for the Customer Content and grant of rights herein. Please note that this license continues even if you stop using our Platforms.
In the event that you provide us with any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Platforms (collectively “Customer Feedback”), you grant DropOffer a nonexclusive, perpetual, irrevocable, royalty free, worldwide license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform and otherwise exploit such Customer Feedback without restriction (including in testimonials or other DropOffer marketing materials and where required to do so by law or in good faith to comply with legal process). We reserve the right to remove any Customer Feedback posted in public forums for any reason at our sole discretion.
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 Customer Feedback or Customer Content that you submit, post or display on or through the Platforms. You agree that such Customer Feedback or Customer Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant DropOffer the license described above.
You understand that DropOffer does not control, and is not responsible for Customer Content or Customer Feedback, and that by using the Platforms, you may be exposed to Customer Content or Customer Feedback from other customers that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you will indemnify, defend, and hold harmless DropOffer for all claims resulting from Customer Content or Customer Feedback you submit through the Platforms. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.
Your Use of the Platforms
All users must comply with the following rules regarding acceptable use of the Platforms.
You may not:
- access, tamper with, or use non-public areas of the Platforms, DropOffer’s computer systems, or the technical delivery systems of DropOffer’s providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
- use bots or other automated methods to access the Platforms or to access or download content;
- attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
- interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Sites, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Platforms.
You may not utilize the Sites to carry out, promote or support:
- any unlawful or fraudulent activities;
- the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;
- the publishing or posting of other people’s private or personal information without their express authorization and permission;
- the sending of unsolicited communications, promotions advertisements, or spam;
- your own commercial use, without explicit authorization such as pursuant to the Master Services Agreement;
- the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
- the promotion or advertisement of products or services other than your own without appropriate authorization.
You may not post any Content on the Sites or its Interactive Areas that:
- violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
- is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;
- contains any personal information of minors;
- contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without DropOffer’s prior written consent;
- contains viruses, bots, worms, or similar harmful materials; or
- contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
In addition to any other remedies that may be available to us, DropOffer reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Sites, upon notice and without liability for DropOffer should you fail to abide by these rules, in DropOffer’s sole discretion, such action is necessary to prevent disruption of the DropOffer Services or Platforms for other users.
The Platforms may provide links to websites, content, products, and services of third parties. DropOffer is not responsible for the availability of and does not endorse the materials made available on such external sites or resources. You further acknowledge and agree that you bear all risks associated with the access to, and use of, any linked site or resource. Your interactions with such third parties will be governed by the third parties’ own terms of services, and any other similar terms.
We reserve the right to modify our Platforms at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature, service (including any program) altogether. We also reserve the right to charge a fee for any of our features, services or programs at any time. If you don’t like any changes, you can stop using our Platforms at any time.
Our Warranties and Disclaimers
We provide our Platforms using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Platforms. But there are certain things that we don’t promise about our Platforms.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, NEITHER DROP OFFER, INC. NOR ITS AGENTS OR SERVICE PROVIDERS (THE “SERVICES ENTITIES”) MAKE ANY SPECIFIC PROMISES ABOUT THE PLATFORMS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE PLATFORMS, THE SPECIFIC FUNCTION OF THE PLATFORMS OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE PLATFORMS “AS IS.”
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties.
Limitations of Liability
EXCEPT WHERE PROHIBITED, DROPOFFER, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR IN CONNECTION WITH PLATFORMS ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE PLATFORMS, OR ANY LINK PROVIDED ON THE PLATFORMS. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF DROPOFFER, ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE DROPOFFER SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE DROPOFFER SERVICES AGAIN) OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.
IN ALL CASES, DROPOFFER, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. DROPOFFER WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This release includes the criminal acts of others.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO NEW JERSEY RESIDENTS.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold DropOffer and its respect officers, directors, employees, members, shareholders, contractor, or representatives (and all successors and assigns of the foregoing), harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
Governing Law and Venue
These Terms will be governed by and construed in accordance with the laws of the State of Hawaii excluding its conflicts of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the County of Maui and the parties hereby irrevocably consent to personal jurisdiction and venue therein.
If any provision of these Terms is found invalid by a court of competent jurisdiction, you agree that the court should try to give effect to the parties’ intentions as reflected in the provision and that other provisions of the Terms will remain in full effect.
Copyright Complaints / Digital Millennium Copyright Act Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512; the “DMCA”), we have implemented procedures for receiving notice of alleged copyright infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide DropOffer’s Copyright Agent a notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that has allegedly been infringed;
- identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works at that location;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
You may send your claims of copyright or other intellectual property infringement to DropOffer’s Copyright Agent at the following address:
222 Main Street
Salt Lake City UT 84101 USA
Please note that the above contact information is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in the Terms or on the relevant Platform. Correspondence pertaining to other matters sent to our Copyright Agent will not receive a response and will be disregarded. Please note that any person who submits a false or fraudulent claim of copyright infringement may be subject to liability under U.S. copyright law.
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a written counter-notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act, to our above designated Copyright Agent which contains:
- your physical or electronic signature;
- identification of the material removed or to which access has been disabled;
- a statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified; and
- your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction of the Federal District court (a) in the judicial district where your address is located if the address is in the United States, or (b) in Maui County if your address is located outside the United States, and that you will accept service of process from the complainant submitting the notice or their authorized agent.
If you give notice to us, it will be effective when received and you must use the following email address: email@example.com.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.