November 2, 2017
End User License Agreement
This End User License Agreement (“Agreement”) is between you and Dropper and governs use of this app made available through the Apple App Store. By installing the Dropper App, you agree to be bound by this Agreement and understand that there is no tolerance for objectionable content. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the Dropper App.
In order to ensure Dropper provides the best experience possible for everyone, we strongly enforce a no tolerance policy for objectionable content. If you see inappropriate content, please use the “Report drop” feature found under each post.
This Agreement is between you and Dropper only, and not Apple, Inc. (“Apple”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. Dropper, not Apple, is solely responsible for the Dropper App and its content.
Dropper may collect and use information about your usage of the Dropper App, including certain types of information from and about your device. Dropper may use this information, as long as it is in a form that does not personally identify you, to measure the use and performance of the Dropper App.
Dropper grants you a limited, non-exclusive, non-transferable, revocable license to use the Dropper App for your personal, non-commercial purposes. You may only use the Dropper App on Apple devices that you own or control and as permitted by the App Store Terms of Service.
By using the Dropper App, you represent and warrant that (a) you are 17 years of age or older and you agree to be bound by this Agreement; (b) if you are under 17 years of age, you have obtained verifiable consent from a parent or legal guardian; and © your use of the Dropper App does not violate any applicable law or regulation. Your access to the Dropper App may be terminated without warning if Dropper believes, in its sole discretion, that you are under the age of 17 years and have not obtained verifiable consent from a parent or legal guardian. If you are a parent or legal guardian and you provide your consent to your child’s use of the Dropper App, you agree to be bound by this Agreement in respect to your child’s use of the Dropper App.
Objectionable Content Policy
Content may not be submitted to Dropper, who will moderate all content and ultimately decide whether or not to post a submission to the extent such content includes, is in conjunction with, or alongside any, Objectionable Content. Objectionable Content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker.
Dropper disclaims all warranties about the Dropper App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be disclaimed, Dropper, not Apple, shall be solely responsible for such warranty.
Maintenance and Support
Dropper does provide minimal maintenance or support for it but not to the extent that any maintenance or support is required by applicable law, Dropper, not Apple, shall be obligated to furnish any such maintenance or support.
Dropper, not Apple, is responsible for addressing any claims by you relating to the Dropper App or use of it, including, but not limited to: (i) any product liability claim; (ii) any claim that the Dropper App fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation. Nothing in this Agreement shall be deemed an admission that you may have such claims.
Third Party Intellectual Property Claims
Dropper shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Dropper App. To the extent Dropper is required to provide indemnification by applicable law, Dropper, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Dropper App or your use of it infringes any third party intellectual property right.
Consent of use of Data
You agree that Dropper App may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Dropper App. Dropper App may also use this information to provide notices to you which may be of use or interest to you.
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Dropper App. Nor can you create any derivative works or other works that are based upon or derived from Dropper App in whole or in part.
Dropper’s name, logo and graphics file that represents Dropper App shall not be used in any way to promote products developed with Dropper App. Dropper retains sole and exclusive ownership of all right, title and interest in and to Dropper App and all Intellectual Property rights relating thereto. Copyright law and international copyright treaty provisions protect all parts of Dropper App, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Dropper.
Limitation of Responsibility
You will indemnify, hold harmless, and defend Dropper, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Dropper’s Software.
In no event (including, without limitation, in the event of negligence) will Dropper, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Dropper App or the use or inability to use Dropper App or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.