Agreement between user and Dropseed, LLC
Visiting the Site, utilizing the Service, or sending emails to Dropseed constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communications be in writing.
If you use this Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Your login may only be used by one person (ie a single login may not be shared by multiple people). You may create separate logins for as many people as your plan allows. You may not assign or otherwise transfer your account to any other person or entity. You are responsible for maintaining the security of your account and password, and you acknowledge that Dropseed is not responsible for third party access to your account that results from theft or misappropriation of your account. Dropseed and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account.
Dropseed does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site and Service only with permission of a parent or guardian.
Free Trial Period
You may be invited to try the paid Service at no charge for a free trial or evaluation period (“Free Trial Period”). Unless otherwise stated, any Free Trial Period will expire fourteen (14) days from the trial start date. Any use of the paid Service after the Free Trial Period requires a paid subscription. Notwithstanding the foregoing, Dropseed may discontinue any Free Trial Period at any time in its sole discretion, and may decide to never make any Free Trial Period generally available. Dropseed will have no liability for any harm or damage arising out of or in connection with any Free Trial Period.
Payment, Refunds, Upgrading and Downgrading Terms
All paid Service plans must enter a valid payment account information for automatic payments based on the payment frequency chosen by you. Free accounts are not required to provide payment account information. We will immediately bill you for any upgrade from the free plan to any paying Service plan. For all monthly Service plans, we will charge your credit card in advance on a monthly basis. When changing from a monthly billing cycle to a yearly billing cycle, we will bill for a full year at the next monthly billing date. For upgrades or downgrades while on a monthly or yearly plan, we will immediately charge or refund the difference in plan cost, prorated for the remaining time in the billing cycle. Downgrading your Service may cause the loss of content, features, or capacity of your account. We do not accept any liability for such loss.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You acknowledge and agree that any credit card and related billing and payment information that you provide to Dropseed may be shared by Dropseed with companies who work on Dropseed’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Dropseed and servicing your subscription.
You may cancel your subscription at any time. Any cancellations after 15 days of Service will not qualify for a refund. Please contact us at firstname.lastname@example.org with any questions. All of your content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
Modifications to the Services and Prices
Dropseed reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Site or the Service itself. Dropseed shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Links to third party sites/Third party services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Dropseed and Dropseed is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dropseed is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dropseed of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, you hereby acknowledge and consent that Dropseed may share such information and data with any third party with whom Dropseed has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and Service strictly in accordance with these Terms. As a condition of your use of the Service, you warrant to Dropseed that you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Site or Service in any manner which could damage, disable, overburden, or impair the Site or Service or interfere with any other party's use and enjoyment of the Site or Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
All content included as part of the Site or Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the sole and exclusive property of Dropseed or its licensors and protected by copyright and other intellectual property laws and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you may not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Dropseed and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Dropseed or our licensors except as expressly authorized by these Terms.
You hereby grant Dropseed a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, limited-term license to host, copy, transmit and display your content that you post to the Service, solely as necessary for Dropseed to provide the Service in accordance with these Terms. Subject to the limited licenses granted herein, Dropseed acquires no right, title or interest from you or your licensors under these Terms in or to your content. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your content. By setting your repositories to be viewed publicly, you agree to allow others to view your repositories.
Third Party Accounts
You will be able to connect your Dropseed account to third party accounts. By connecting your Dropseed account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Site and Service is controlled, operated and administered by Dropseed from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Dropseed content accessed through the Service in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Dropseed, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Service, or your violation of any of these Terms, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Dropseed reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dropseed in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DROPSEED, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICE AT ANY TIME.
DROPSEED AND/OR ITS LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS CONTAINED ON THE SITE OR SERVICE FOR ANY PURPOSE. DROPSEED DOES NOT WARRANT THAT (I) THE SITE OR SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DROPSEED AND/OR ITS LICENSORS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DROPSEED AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICE, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DROPSEED OR ANY OF ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
Dropseed reserves the right, in its sole discretion, to terminate your access to the Service and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Kansas and you hereby consent to the exclusive jurisdiction and venue of courts in Kansas in all disputes arising out of or relating to the use of the Service. Use of the Site and Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dropseed as a result of this agreement or use of the Service. Dropseed's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms are in derogation of Dropseed's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or Service or information provided to or gathered by Dropseed with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, these Terms constitutes the entire agreement between the user and Dropseed with respect to the Site and Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dropseed with respect to the Site or Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. The failure of Dropseed to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and Dropseed and govern your use of the Site or Service, superseding any prior agreements between you and Dropseed (including, but not limited to, any prior versions of these Terms).
Changes to Terms
You agree that these Terms and your use of the Site or Service are governed under Kansas law. Dropseed reserves the right, in its sole discretion, to change the Terms under which the Site or Service is offered. The most current version of the Terms will supersede all previous versions. Dropseed encourages you to periodically review the Terms to stay informed of our updates.