To use the service, you must:
- Be over the age of 13. By using the Service you are representing to us that you are over the age of 13.
- Provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Be responsible for all content that is created and posted on your account.
- Your Droplr login can only be used by one individual. A single login shared by multiple users is not permitted unless agreed to upon with one of our sales representatives. You may create separate login accounts for as many people as your plan allows for.
Terms of Service
The following terms and conditions govern all use of the Droplr.com, including but not limited to d.pr, inclusively known as (Website or Websites). 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.
Responsibility of Contributors
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, files, an audio file, a video file or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not link to, contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Droplr or otherwise.
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 that is in violation of its terms, in Droplr’s sole discretion and without prior warning or subsequent notification to the individual account holder or entity, and Droplr will have no obligation to provide a refund of any amounts previously paid.
Payment, Refunds, Upgrading and Downgrading Terms
- All Pro and Enterprise paid plans must enter a valid credit card. Your account will be billed upon renewal of your monthly or annual plan.
- The service is billed on a monthly or annual basis. No refunds will be provided after 30 days of service after initial purchase. There will be no refunds or credits for previous months or years of service.
- Downgrading or canceling your subscription may cause the loss of any content, data or features within your account. We are not responsible for any loss of content or data as a result of downgrading an account or non-payment.
Cancellation and Termination
You are responsible for canceling your account by emailing our support services at email@example.com or by visiting your d.pr/billing.
Droplr may terminate your access to all or any part of the Website at any time, with 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.
Modifications to the Service and Prices
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 without notice notice.
Copyright and Content Ownership
Content is every electronic file or link 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 allowed to use Droplr to share and store content which Droplr deems prohibited, including, but not limited to: pornography, racist content, offensive content, content to which you do not 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 our Website 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 permanent loss access to your content, features, or capacity of your account.
Drops of Free users are permanently deleted after 30 days since drop has been created. These files will no longer be available nor retrievable.
For claims of copyright infringement, please contact:
Disclaimers and Limitation of Liability
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.
General Representation and Warranty
You agree to indemnify and hold harmless Droplr, its parent company Triangle Digital Ventures II, 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 30 day rolling period, 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 deleted.
The Bandwidth limits depend or your subscription plan:
- PERSONAL USE plan is allowed up to 5GB per day but not more than 25GB per 30 days,
- PRO plan is allowed up to 500GB per month per team,
- Enterprise plan is allowed up to 100GB per day. Bandwidth is negotiated.
If you are a paid plan user and allow other users to join your team, and you or any user on your team exceed the plan bandwidth limit by employing any types of hacks or workarounds to exceed the plan limit bandwidth, you agree to pay Droplr immediately all charges via your credit card for any and all bandwidth overage costs Droplr incurred on your account or those of users on your team.
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 Colorado, 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 Denver, Colorado, U.S.A.
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 Denver, Colorado, 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.