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Note: dripdrop is only for US and Canadian customers at this time. We will roll out international support in the future.
We've tried hard to keep this Agreement as readable and straightforward as possible. If you have suggestions that can help us improve it or any questions about this Agreement, please email us and let us know. This Agreement explains our obligations to you, and your obligations to us. Except as noted otherwise below, this Agreement is the entire Agreement between us. By using the Sites and the Services in any way, you are agreeing to comply with these Terms of Service, and any other legal notices or conditions or guidelines posted on the Sites.
If you have questions regarding this Agreement or about dripdrop, please contact us by email at email@example.com.
In addition, when using the Services, you shall be subject to any posted guidelines or rules applicable to the Services that may contain terms and conditions in addition to those in the Terms of Service. By using the Services or accessing the Sites, you agree to the Terms of Service. If you do not agree, do not use the Services.
Our Services may integrate with other services on a number of platforms provided by third parties, including Ecommerce Payment Processors (as defined below). Please be aware that your activities on each of these platforms may be subject to additional terms of service for that particular platform.
Certain parts of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. Prices of the Service or elements of the Services are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the dripdrop Site or the Services itself. dripdrop shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
In order to access and use certain sections and features of the dripdrop Services, you must first register and create an account with dripdrop (“User Account”).
You are responsible for your account. You are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password. When creating your account, you must provide accurate and complete information. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lowercase letters, numbers, and symbols) with your account. We may set up specific user name and password criteria which you agree to follow. It is your sole responsibility to: (i) control the dissemination and use of your account and password, and (ii) promptly inform us of any need to deactivate an account or password. We are not liable for any harm related to the theft of passwords, or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality. If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the dripdrop Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
How to control your account. You may control your account and how you interact with the Services by changing your settings. By providing us with your email address or your mobile telephone number, you consent to our using the email address or telephone number to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address or telephone number to send you other messages, such as changes to features of the Services. You may not opt out of these messages unless you cancel your account. This constitutes your consent for us to send you “commercial electronic messages” as defined in applicable privacy and anti-spam laws.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the dripdrop Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, (including your full name, current address, phone number, password, valid email address and any other information indicated as required), as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
dripdrop may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. If you upgrade your account, you will need to provide payment information as well. Your dripdrop accounts will give you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users. If you open a dripdrop account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to dripdrop with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
With limited exception, the Services are available only for individuals aged 13 years or older. If you are age 13 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these Terms of Service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these Terms of Service. You agree to have your parent or guardian review and accept these Terms of Service on your behalf. If you are a parent or guardian agreeing to these Terms of Service for the benefit of a child over the age of 13, then you agree to and accept full responsibility for that child’s use of the Services, including all financial charges and legal liability that he or she may incur.
We may, in our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria for using the Services at any time. The right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule or regulation.
If you are entering into these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Services through your account to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity, its affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these Terms of Service, you must not accept these Terms of Service and you may not use the Services. You further agree that you assume all responsibility and liability in connection with your use of the Services on behalf of such a company or other legal entity, and you shall be solely responsible for all disputes, if any, that arise due to your use of the Services on behalf of such a company or other legal entity.
Personally-Identifying Information we collect: We will collect a user name and password, an email address, a mobile telephone number if provided, and the name of the person’s parent(s) or legal guardian(s).
Other Information we collect and how we use it:
Limits: We may unilaterally restrict a child’s ability to use the Services to communicate directly with persons other than outside the child’s family unit or drip drop.
Security: We have established and will maintain reasonable procedures to protect the confidentiality, security, and integrity of a child’s personal information.
It is not a condition of participation in our Services or any activity on our Services that the child (and applicable parent or legal guardian) consent to the collection of more information than is reasonably necessary for the use of that Service or activity for its intended purposes.
Except for User Content (defined below), all materials on the Services including the mini-applications that integrate other applications and services (“Recipes”) and the Services itself and all Intellectual Property Rights contained therein or related thereto, including text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation (collectively, the “Content”), including but not limited to the design, structure, arrangement, and “look and feel” of such Content, is owned by or licensed to us and our licensors and is protected by copyright, trademark, and other intellectual property rights and laws.
Other than as provided herein, dripdrop does not grant to user any license, express or implied, to the intellectual property of dripdrop or its licensors. Except as expressly provided in the Terms of Service, no part of the Services and no Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes.
Third Party Services And Sites
Third Party Services. The Services are integrated with various third party services and applications (collectively, “Third Party Services”) that may make their content, products or services available to you. Examples of Third Party Services include our domain registrar, social media platforms, eCommerce Payment Processors (as defined below), and other integrations or extensions, stock images and email service subscriptions for sale via the Services and other integration partners and service providers. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. When using Third Party Services, your security is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law).
Third Party Sites. The Services may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites and what those third parties do.
The Services contain various forums, networks, and other interactive features which allow you to post, submit, publish, display or transmit (“Post”) content or other materials (“User Content”) to dripdrop and other users on or through the Services.
You are responsible for your User Content.
You represent and warrant that you own or otherwise control all of the rights to the User Content that you Post at the time of Posting; that the User Content is accurate and not fraudulent or deceptive; and that the User Content does not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity.
You understand that your User Content may be copied by other Services users and discussed on and outside of the Services, and if you do not have the right to submit User Content for such use, it may subject you to liability. dripdrop takes no responsibility and assumes no liability for any content Posted by you or any third party.
dripdrop has the right but not the obligation to monitor and edit or remove any User Content. dripdrop also has the right to terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. dripdrop may exercise these rights at any time, without notice or liability to you or any third party.
All rights, title and interest in and to the dripdrop Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the dripdrop Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to dripdrop.
Subject to your full compliance with the dripdrop Terms and timely payment of all applicable Fees, dripdrop hereby grants you, upon creating your User Account and for as long as dripdrop wishes to provide you with the dripdrop Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, account to use the dripdrop Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the dripdrop Terms, and solely within the dripdrop Services.
The dripdrop Terms do not convey any right or interest in or to dripdrop’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the dripdrop Terms constitutes an assignment or waiver of dripdrop’s Intellectual Property rights under any law.
dripdrop Owns dripdrop. The Services are, as between you and dripdrop, owned by dripdrop, and are protected by copyright, trade secret, trademark and other Candian and foreign laws. This Agreement doesn't grant you any right, title or interest in the Services, others’ User Content, our trademarks, logos or other brand features or intellectual property or trade secrets or others’ content in the Services. You agree not to change, modify, translate or otherwise create derivative works of the Services or others’ User Content.
We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (collectively, “Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.
Our Demo Content. We may provide templates or other products featuring demo content, including without limitation text, photos (no client images), images, graphics, audio and video (collectively, “Demo Content”), to provide you with ideas or inspiration. Unless we tell you otherwise, Demo Content (or any portion of it) may not be distributed, publicly displayed, publicly performed or otherwise published.
Templates. The Services include social, website or other templates (collectively, “Templates”). The Templates include without limitation Demo Content, designs, layouts, stickers, stamps, overlays, elements and other materials. dripdrop owns the Templates. You may not use any Template in any way, intentional or otherwise, that competes, as determined by us in our sole discretion, with the Services.
Our Betas Are Still In Beta. We may release products and features that we’re still testing and evaluating. Those Services will be marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other Services.
Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Services and their functionality; (b) we may suspend or discontinue parts or all of the Services; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Services; (d) we may terminate, suspend, restrict or disable access to your Accounts or parts, some or all of Your Sites; and (e) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).
HTTPS Encryption. We may require HTTPS encryption for Your Sites (a site(s) you point to the Services or a site or sub-site offered under our Services).
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.
If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please contact us at firstname.lastname@example.org.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted on the App infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see [http://www.loc.gov/copyright] for details). Notices and counter notices with respect to the Site should be sent to dripdrop at:
88 Blue Jays Way
Toronto, ON M5V 0L7
By Email: email@example.com
Users of the Services may be required to provide their credit card details to Company or the payment service provider retained by Company (the “PSP”). Users will be responsible for paying agreed-upon fees for the Services. Users of the Services will be liable for any taxes (“Taxes”) required to be paid on the Services provided under the Agreement (other than Taxes on the Company’s income).
All paid plans must enter a valid payment account. Free accounts (Beta) are not required to provide payment account information. An upgrade from the free plan to any paying plan will immediately bill you.
You can access certain portions of the Services by submitting a fee payment (such additional services, “Paid Services”). Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services. Transaction fees and additional fees may also apply to certain portions of the Services, and we’ll tell you about those fees before charging you.
All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you're exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable, only apply from and after the date we receive such documentation. If dripdrop has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where dripdrop does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).
To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one (1) month. We’ll automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time via the Services or your mobile app store provider.
While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required. Some of the Paid Services offer a free trial so you can try out your subscription. Please note applicable statutory rights of cancellation may not result in a refund, as we do not charge for this trial period.
We reserve the right to change our fees and to institute new charges at any time (including, for clarity, for any renewal), upon notice to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by dripdrop in our sole discretion. New fees will not apply retroactively. Your use of the Services following such notification constitutes your acceptance of any new or increased fees. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
Certain credits may apply when you purchase an upgrade to the Services or switch from a monthly plan to an annual payment plan.
If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.
Third Party Services purchased via the Services may be subject to different refund or other policies that those Third Party Services determine, and such Third Party Services may be non-refundable. The purchase terms and conditions for such Third Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. Unless otherwise stated in this Agreement, we don’t offer refunds for purchases of Third Party Services.
You may discontinue to use and request to cancel your User Account and/or any dripdrop Services at any time, in accordance with the instructions available on the dripdrop Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the dripdrop Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
Failure to comply with any of the dripdrop Terms and/or to pay any due Fee shall entitle dripdrop to suspend (until full payment is made) or cancel your User Account and User Platform (or certain features thereof), as well as the provision of any related dripdrop Services (e.g., Paid Services) or Third Party Services to you.
Your eCommerce Offerings
We may offer features and tools to help you conduct eCommerce activities, such as selling your products or services or collecting donations. How you conduct your eCommerce activities is your responsibility, and we’re not liable for it. You are responsible for claims and warranties with respect of your product and services, and the fulfilment and delivery of any orders; customer comments, complaints and responses, including payments, refunds, promotions, and charge backs; and for compliance with any applicable laws, including, without limitation: income tax sales and value added tax; import and export; consumer protection; ecommerce; and related laws. Also, be sure to follow our eCommerce rules, or we may terminate your account. Finally, when you use a third party for any part of your eCommerce activities, such as development, hosting, to process payments for your eCommerce activities, remember that your relationship is with them, not us.
eCommerce Restrictions. You may not offer or sell any products or services on or through our services which, in our sole discretion: (a) we consider hazardous, counterfeit, stolen, fraudulent, abusive or adverse to our interests or reputation; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, trade secrets, privacy or publicity rights, consumer protection, product safety or trade regulations or export controls, regulations or sanctions.
eCommerce Suspensions. While we’d prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove your account, or your ability to market or sell on or through our Services, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). For example, we may suspend rights to conduct eCommerce on or through our Services if you are violating this Agreement.
eCommerce Payment Processors. To accept payments from your End Users in connection with your eCommerce, you may integrate your sites with third party payment processors (“eCommerce Payment Processors”). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors’ terms and policies. We don’t control and aren’t liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with Your eCommerce transactions.
From time to time dripdrop may recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the dripdrop App Store. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.
Any use by you of Third Party Services offered through the Services, dripdrop’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, dripdrop may receive a revenue share from Third Party Providers that dripdrop recommends to you or that you otherwise engage through your use of the Services, or dripdrop’s website.
We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that dripdrop has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on dripdrop’s websites, including the dripdrop App Store or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with dripdrop. dripdrop does not guarantee the availability of Third Party Services and you acknowledge that dripdrop may disable access to any Third Party Services at any time in its sole discretion and without notice to you. dripdrop is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service.
If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and other Materials and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other Materials or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. dripdrop is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and dripdrop is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances shall dripdrop be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if dripdrop has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, dripdrop partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
Disclaimer of warranties and limitation of liability
The service and all content are provided on an "as is" and “as available” basis without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, completeness, currentness, freedom from interruption, viruses or other defect, and non-infringement.
Your sole remedy against us for dissatisfaction with the service or any content is to stop using the service or any such content. In no event shall we or our subsidiaries, officers, directors, employees, agents, licensors, or content providers (our “affiliates”) be liable for any damages, including, without limitation, indirect, consequential, special, incidental, or punitive damages, resulting from the use or inability to use the service or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we or our affiliates are advised on the possibility of such damages.
To the maximum extent permitted by applicable law, dripdrop assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all information, including personal information or financial information, stored therein; (iv) any errors, mistakes, losses, damage or unauthorized access resulting from the use of third party applications by you, by your end users, or by dripdrop on your behalf; (v) any interruption or cessation of transmission to or from the service; (vi) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vii) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (viii) user content or the defamatory, offensive, or illegal conduct of any third party. in no event shall dripdrop, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding one dollar.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if dripdrop has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
OUR SERVICES AND THE CONTENT ON OUR SERVICES IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE DATA, INFORMATION, AUDIO, VIDEO, MEDIA, OR OTHER MATERIALS AVAILABLE THROUGH OUR SERVICES. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICES OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SERVICES. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE, WARRANT, OR GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SERVICES OR AVAILABLE THROUGH LINKS ON OUR SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SERVICES.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER HARMFUL CODE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
IF YOU RELY ON OUR SERVICES AND ANY MATERIALS AVAILABLE THROUGH OUR SERVICES, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SERVICES MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SERVICES IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SERVICES OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
DRIPDROP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRDPARTY USERS, DRIPDROP USERS, ADVERTISERS AND/OR SPONSORS ON THE SERVICES, IN CONNECTION WITH DRIPDROP’S SERVICES OR OTHERWISE RELATED TO YOUR USE OF THE SERVICES.
DRIPDROP IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY EVENT VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH ANY ACTIVITY AT ANY EVENT VENUE.
In no event shall any claim, action or proceeding by you related in any way to the Services or our Services (including your visit to or use of the Services or any of our Services) be instituted more than one (1) year after the cause of action arose.
Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
From time to time, dripdrop may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which dripdrop will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered dripdrop Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without dripdrop’s prior written consent. dripdrop makes no representations or warranties that the Beta Services will function. dripdrop may discontinue the Beta Services at any time in its sole discretion. dripdrop will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. dripdrop may change or not release a final or commercial version of a Beta Service in our sole discretion.
You understand and agree that certain dripdrop Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the dripdrop Services at this BETA stage signifies your agreement to participate in such dripdrop Services’ BETA testing.
Changes to the Services, termination, and indemnity
dripdrop is constantly innovating and finding ways to provide our users with new features and services. Therefore, we may, without prior notice, change the Services, add features, stop providing the Services or features of the Services to you or to users generally, or create usage limits for the Services. We may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to the Services without prior notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination of your use of the Services, you continue to be bound by this Agreement.
You agree to defend, indemnify, and hold us and our Affiliates harmless from and against any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or related to (a) your User Content; (b) use of the Services (including Your Ecommerce Activities); (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; (e) any claims from tax authorities in any country in relation to Your Ecommerce Activities operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which dripdrop may be held jointly and severally liable; and (f) violation of these Terms of Service, or violation of any rights of another.
Limitation Of Liability
Unless you are an EU Consumer, you acknowledge and agree that to the fullest extent permitted by applicable law, in no event will dripdrop and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your eCommerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. If you are an EU Consumer, we shall, despite any other provision in this Agreement, provide the Services with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of this Agreement (except in relation to death or personal injury resulting from our negligence or fraud). These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not dripdrop has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law (whether or not you are an EU Consumer), in no event shall the aggregate liability of dripdrop for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to dripdrop in the twelve (12) months immediately preceding the event that gave rise to such claim. If you are an EU Consumer, dripdrop is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors or other vicarious agents. An “EU Consumer” means a natural person acting for purposes outside their trade, business, craft or profession (as opposed to a User for business or commercial purposes) habitually residing in the European Economic Area.
To the fullest extent permitted by law, you agree to indemnify and hold harmless dripdrop and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your eCommerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your eCommerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which dripdrop may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.
This Agreement constitutes the entire agreement between you and dripdrop regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty or representation except those expressly set out in this Agreement. You also may be subject to additional terms, policies or agreements that may apply when you use other services, including Third Party Services. This Agreement creates no third party beneficiary rights, and no third party shall have any right or standing to claim benefit or bring an action to enforce this Agreement.
Choice of law
This site is controlled, operated and administered by dripdrop from within the Province of Ontario, Canada. By accessing this site, you agree that all matters relating to the access to, or use of, this site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
Controlling Law; Judicial Forum For Disputes.
If you are a US User, this Agreement (including its existence, formation, operation and termination) and the Services as well as all disputes and matters arising out of or in connection with this Agreement and the Services (including non-contractual disputes and matters) shall be governed in all respects by the laws of the State of Delaware, without regard to its conflict of law provisions, except that the Federal Arbitration Act (“FAA”) shall prevail to the extent that there exists any conflict between the FAA and the laws of the State of Delaware with respect to Section 16. If Section 16 is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 16.4, you and dripdrop agree that any judicial proceeding (other than small claims actions) arising out of or in connection with this Agreement (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) must be brought exclusively in the federal or state courts of Delaware and you and dripdrop consent to venue and personal jurisdiction in such courts.
If you are a Non-US User, this Agreement (including its existence, formation, operation and termination) and the Services as well as all disputes and matters arising out of or in connection with this Agreement and the Services (including non-contractual disputes and matters) shall be governed in all respects by the laws of Canada, without regard to its conflict of law provisions. If you are an EU Consumer, this Section does not limit or affect any rights you may have under any mandatory laws of the country where you habitually live. If Section 16 is found not to apply to you or your claim, or if you opt out of arbitration you and dripdrop agree that, any judicial proceeding (other than small claims actions) arising out of or in connection with this Agreement (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) must be brought exclusively in the courts of Canada and you and dripdrop consent to venue and personal jurisdiction in such courts.
If you are an EU Consumer, you and dripdrop agree that any judicial proceeding arising out of or in connection with this Agreement (including its existence, formation, operation and termination) and/or the Services (including non-contractual disputes and matters) may only be brought in a court located in Canada or a court with jurisdiction in your place of habitual residence. If you are an EU Consumer and dripdrop wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you habitually reside.
EU Online Dispute Resolution. If you are an EU Consumer, you can access the European Commission’s online dispute resolution platform here. Please note that dripdrop is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with you.
Waiver, Severability And Assignment
Our failure or delay to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this Agreement or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice. If you are an EU Consumer, we will ensure that the delegation, transfer or assignment does not adversely affect your rights under this Agreement.
We may modify this Agreement from time to time, and will post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will not apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement and price changes. If you disagree with our changes, then you must stop using the Services and cancel all Paid Services.
Events Beyond Our Control. We are not in breach of this Agreement or liable to you if there is any total or partial failure of performance of the Services resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.
Translation. This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.
BY CONTINUING TO USE OUR SERVICES, YOU AGREE TO ABIDE BY THESE TERMS OF SERVICE.
Copyright © 2020 dripdrop
Last Updated: July 23, 2020
We offer tools to help you conduct eCommerce activities on Squarespace, such as selling your products or collecting donations. How you conduct your eCommerce activities is your responsibility, and we’re not liable for it. Also, be sure to follow our eCommerce rules, or we may terminate your account. Finally, when you use a third party to process payments for your eCommerce activities, remember that your relationship is with them, not us.
10.1. eCommerce Responsibilities. The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, “Your eCommerce”). We’re not a party to, and we aren’t liable for, Your eCommerce. You're solely responsible for Your eCommerce, and compliance with any laws or regulations related to it, including without limitation the following:
10.1.1. Taxes. You're solely responsible for: (a) all Taxes and fees associated with Your eCommerce, including without limitation any Taxes related to the purchase or sale of products or services in connection with Your eCommerce; (b) collecting, reporting and remitting required Taxes to relevant government authorities; (c) informing your End Users of required Taxes, and providing them with invoices as required by applicable law; (d) monitoring distance sales thresholds in the EU and other indirect Taxes (such as value-added tax or goods and services tax) and registration thresholds in the countries where you have customers or where you ship goods to or provide services to; and (e) registering for indirect Taxes in countries where you are required to register. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations. We do not give tax advice, and nothing we say should be interpreted as such.
10.1.2. Fulfillment And Delivery. You're solely responsible for fulfilling and delivering your products and services to your End Users.
10.1.3. Claims And Warranties. You're solely responsible for any claims or warranties you make in connection with Your eCommerce and any claims made by End Users against you.
10.1.4. Customer Service. You're solely responsible for handling any comments or complaints related to Your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you.
10.1.6. Consumer, eCommerce And Other Laws. You are also responsible for complying with any consumer, eCommerce and related laws.
10.2. eCommerce Restrictions. You may not offer or sell any products or services which, in our sole discretion: (a) we consider hazardous, counterfeit, stolen, fraudulent, abusive or adverse to our interests or reputation; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, trade secrets, privacy or publicity rights, consumer protection, product safety or trade regulations or export controls, regulations or sanctions.
10.3. eCommerce Suspensions. While we’d prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove your Account, Your Sites or Your eCommerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). For example, we may suspend Your eCommerce if you’re violating this Agreement.
10.4. eCommerce Payment Processors. To accept payments from your End Users in connection with Your eCommerce, you may integrate Your Sites with third party payment processors (“eCommerce Payment Processors”). Your relationship with such eCommerce Payment Processors is governed by those eCommerce Payment Processors’ terms and policies. We don’t control and aren’t liable for any eCommerce Payment Processors, or for any transaction you may enter into with or through any eCommerce Payment Processors. eCommerce Payment Processors are a Third Party Service, as defined in Section 4.1. While we will try to provide advance notice, you agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove from the Services, any eCommerce Payment Processors, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). Your eCommerce Payment Processors may provide invoices for any transaction fees associated with Your eCommerce transactions.