DropInGaming.GG terms and conditions of use
Last Updated October 11, 2021
Welcome to dropingaming.gg! These Dropingaming.gg Terms and Conditions of Use (the “Terms”) form a binding contract between you and Drop-In Gaming LLC and our affiliates and subsidiaries (collectively, “Drop-In Gaming,” “us,” or “we”) and, together with our Privacy Notice, govern your use of the dropingamining.gg website and gaming platform and our related online channels and digital properties (collectively, the “Site”). The Site allows you to register and create an account, play online skill-based games made available on the Site (the “Games”), and earn and redeem Coins on the Site. Certain account types and Games are subject to age restrictions or other eligibility requirements. You must use the Site only in compliance with these Terms, our Privacy Notice, and all applicable laws, rules, and regulations within your jurisdiction.
ThESE TERMS include a class action waiver and an arbitration provision that governs any disputes between you and Drop-IN Gaming.
These Terms will remain in effect as long as you access or use the Site. You acknowledge that we may make changes to the Site or these Terms at any time. Additional, separate terms that apply to your use of the Site will be considered to form part of these Terms. Drop-In Gaming reserves the right to delete any account or remove any player from a Game or other Site for failure to comply with any eligibility requirements, these Terms, or for any other reason at our sole discretion, with or without notice to you.
- Acceptance
By accessing, registering, or using the Site, you accept and consent to these Terms and all documents incorporated by reference. You can also accept the Terms by (i) clicking to accept or agree to the Terms where this option is made available to you in any agreement or electronic form; (ii) by creating an account; (iii) by clicking “sign up” or any similar mechanism; (iv) or by downloading or using the Site in any manner. If you do not agree to these Terms, do not access or use the Site.
2. Eligibility AND Registration
2.1. Eligibility
To be eligible to use the Site, you must: (i) be at least 13 years of age; (ii) meet the age, consent, and registration criteria applicable to your Account (defined below) as described in this section; (iii) access the Site only when physically located in a jurisdiction where we offer the Site; (iv) access the Site only when physically located in a state, country, or jurisdiction where participation in the Site is unrestricted and unprohibited by that jurisdiction’s laws; and (v) at all times abide by these Terms. The Site is not available to anyone who was previously removed from any Drop-In Gaming Site or other Site.
The Site is available to registered players (“Player” or “Players”) at least 13 years of age, subject to Drop-In Gaming’s receipt of prior written consent from your parent or legal guardian (in each case, a “Guardian”) as required by applicable law and our policies. If you are under the age of 18 or the legal age of majority under the laws of your jurisdiction (a “Minor”), you may only use or access the Site with the consent of and under the supervision of your Guardian, and only following your Guardian’s consent to these Terms.
If you are a Guardian, by you or your Minor registering with, accessing, or using the Site, you represent and warrant that you: (i) have read and agree to these Terms on your and your Minor’s behalf; and (ii) that you give your consent to your Minor’s use of the Site. Any access or use of the Site by a Minor without the consent to these Terms and supervision of their Guardian is strictly prohibited and in violation of these Terms. If you are a Minor using the Site, then “you” as used herein (unless context requires otherwise) includes both you and your Guardian.
To use the Site, you must register and create an account (an “Account”). When you create an Account, you will be asked to choose login credentials and other information as described in our Privacy Notice. The type of Account created for you and your access to Games and other services will depend on your age and your Guardian’s consent. You hereby agree to provide true, accurate, current, and complete information about yourself as requested on the Site and to update your registration information to keep it current and accurate within a reasonable time after any change. There is a limit of one Account per person.
Prime Accounts are available to Players aged 18 or older and offer access to all Games and all Site features. Youth Accounts are available for Players under age 18 but at least the age of 13 years old with Guardian consent and offer access to Games and Site features based on the Player’s age. By registering for an Account, you represent and warrant that you and, if applicable, your child, meet the eligibility criteria for the Account for which they are registered. Drop-In Gaming reserves the right to suspend or close your Account or use of the Site without notice to you if we discover or suspect that you do not meet the requirements of this section.
Please keep your Account credentials secret. We may, in our sole discretion, reject, change, suspend, and/or terminate your credentials. You are solely and entirely responsible for complying with these Terms, and only you are entitled to the benefits accruing to your Account. You may not allow any other person to (i) access your Account; (ii) access the Site through your Account; or (iii) accept or use Coins (defined below) through your Account. Your Account, Coins, and any rights or benefits associated therewith are not transferable to any other person or Account. You shall use the Site only for lawful purposes and in compliance with these Terms. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security. Drop-In Gaming is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials or your choice to share any data associated with your Account with others.
2.3. Canceling Your Account
You may cancel your Account and/or unsubscribe from any subscription at any time and for any reason by going to your Account webpage and following the account closure process. Upon termination of your Account, you must immediately discontinue use of the Site and your Account, and immediately uninstall and delete all copies of the Software if applicable. Immediately upon termination of your Account, all license and rights granted to you under these Terms automatically terminate and you shall automatically forfeit the right to use the Site. Your obligation to pay accrued fees will survive any termination of your Account. We may terminate your Account immediately upon giving notice to you if you breach any of these Terms. In addition, we may terminate your Account for any other reason or for no reason by giving you 30 days’ notice. Our rights and your obligations under these Terms shall not be affected by the termination of your Account.
The Games available for play on the Site are not owned or offered by Drop-In Gaming, but rather are the intellectual property of their respective third-party developers and publishers. Drop-In Gaming cannot control and is not responsible for (i) the contents of the Games you may choose to play; (ii) whether you are able to or can choose to provide your Personal Information or other data via a Game; (iii)or your interactions with others while playing Games. You understand that Guardians are solely responsible for selecting and monitoring Game play by their Minor Players.
We care about the safety of our Players online. We encourage you to report any content or material on the Site, including Games, that appears to recruit, entice, advertise, or solicit any person to disclose private information or perform a commercial sexual act or any unlawful act.
You understand that you may encounter Games or other third-party materials on the Site that you feel are offensive, indecent, or objectionable, content that may or may not be identified as having explicit language, and content that may contain links or references to objectionable material. You agree to use the Site and play Games at your sole risk and that Drop-In Gaming shall not have any liability to you for content that may be found to be offensive, indecent, objectionable, inaccurate, incomplete, untimely, invalid, illegal, of poor quality or otherwise.
You access and use the Site at your own risk. Drop-In Gaming offers no guarantee that the Site or any Games or other services can be accessed from, displayed on, or linked to from your device. The Site is not available in all languages or in all countries. We make no representation that the Site is appropriate or available for use in any particular location. To the extent you choose to access and use the Site and any Games or other services thereon, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
Some Players may experience fatigue, nausea or vertigo while using certain Games, such as virtual reality or alternate reality Games or hardware. Taking rest breaks from Games may help alleviate symptoms. In rare instances, some players may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns or backgrounds on a virtual reality or alternate reality display may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. You are responsible for reviewing and adhering to any and all safety tools and tips provided for the Games you play on the Site. While playing Games, your actual vision may be impaired or there may be wires connecting your hardware to the Site. Players should consider setting up their playing space safely, away from big common areas or small children and pets.
Games available for play on the Site are for entertainment purposes and personal, non-commercial use only. You are strictly prohibited from engaging in any conduct on the Site in its entirety or individual components, including relating to any Game provided on the Site, for any purpose not expressly authorized by Drop-In Gaming, including, without limitation (i) playing Game(s) at commercial establishments; (ii) gathering in-Game currency, items, or resources for sale outside of the Site or the Game; (iii) performing in-Game services such as account boosting or power-leveling in exchange for payment of any kind; (iv) communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation, or offer through or within the Site; or (v) organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, the Site or Games available on the Site, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.
Certain Games and Site features are available only on a monthly subscription basis. If you sign up for a subscription, you agree to pay any the subscription fee as well as any taxes, fees, or other charges associated with your use of the Site and any associated fees. All fees and other costs are stated in U.S. dollars. Fees and other costs are non-refundable unless otherwise required by law. The price for your subscription or other costs or fees may change at any time, but no price change will affect your past purchases.
Unless otherwise stated at signup, your subscription will automatically renew, and the payment method associated with your Account will be charged with each renewal. The period of the subscription renewal and the cost of the subscription renewal will be the same as your current subscription period unless otherwise disclosed to you at signup. You can update or cancel your subscription at any time by updating your Account settings or deleting your Account, or by contacting us at support@dropingaming.com.
You must maintain a valid payment method on file with us. You agree that we may charge your credit or debit card, or withdraw amounts from your designated account at your depository institution, or charge any other payment method that you have on file with the fees due hereunder, any sales and use taxes and any late fees or interest (as described below). We do not collect or process payment information, rather your payment method of file is stored and processed by a secure third-party payment processor. You represent and warrant that the payment information you provide to us is correct and accurate and you are using a form of payment that you are legally authorized to use for this purpose. You agree that you are solely liable for any payment or credit card fraud, abuse or unauthorized use by you or others.
When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. If you do not pay on time or if we cannot charge the payment method you have on file for any reason, we reserve the right to either suspend or terminate your access to the Site. In addition, if any payment is not received within 30 days after the due date, then we may charge a late fee of $10 and we may assess interest at the rate of 1.5% of the outstanding balance per month (18% per year), or the maximum rate permitted by law, whichever is lower, from 30 days after the due date until the date paid. If your unpaid fees are referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees.
We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (such as PayPal) in connection with the Site. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account and pursuit of civil litigation and/or criminal prosecution. You agree to indemnify, defend (at our option), and hold harmless Drop-In Gaming, our affiliated companies, our non-affiliated partners, and their respective parent companies, affiliates, subsidiaries, officers, directors, members, managers, employees, agents, third-party content providers, sponsors or licensors (collectively the “Drop-In Gaming Indemnities”) from and against any and all claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out your breach of this section, and such amounts shall be paid to us on demand in immediately payable funds.
If we offer sale of goods or services on the Site, those purchases are governed by the terms related to the sale, which are incorporated by reference and made part of these Terms. The prices charged for such purchases are subject to change as to all sales not final and fully paid at the time of the price revision. As to all tangible goods (or intellectual property fixed in a tangible medium) that you may buy: (i) to the fullest extent allowed by applicable law WE MAKE NO WARRANTY THAT THE PRODUCT IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGING, AND WE DISCLAIM ALL SUCH WARRANTIES AS MAY BE IMPLIED OR REQUIRED BY THE LAW OF ANY JURISDICTION and; (ii) we shall be deemed to have fully performed our duty to deliver the goods when we deliver the goods to a common carrier, freight prepaid (or to a governmental postal service, postage prepaid) for shipment to you at the address that you supplied to us; it being understood that you bear the entire risk of loss or damage in transit, mis-delivery or non-delivery of the goods that you may purchase from us. Prior to shipment, we have the right to cancel any order and refund payment based on a mistaken price quote on the Site.
As discussed elsewhere in these Terms, there may be situations where Games or certain Site or Game features are removed or unavailable for various reasons. Drop-In Gaming will have no liability for any losses you may incur, and you will not be entitled to a refund of any kind as a result of such unavailability. Subscription payments and other purchase amounts are nonrefundable, and there are no refunds or credits for partially used subscription periods.
4.5. Changes to the Site
We may change or discontinue any feature of the Site at any time in our sole discretion, including without limitation content, hours of availability, or equipment needed for access or use. You hereby agree that we will not be liable to you or any third party for any modification or discontinuance of the Site or any Games or features thereon at any time for any reason.
- COINS
- Earning and Exchanging Coins
Subscription Players can earn virtual reward coins on the Site (“Coins”) from game play and skill achievements on the Site. Coins are not required to play any Game that listed as free.. Earned Coins may be exchanged for prizes offered in the Site Store. You can check your available Coins at any time by logging into your Account.
No Coins will be awarded to you if you participate from a jurisdiction where the awarding of Coins or similar earnings or prizes resulting from Game play is prohibited, illegal, or restricted. you are solely responsible for verifying that the laws of the country or state (or other applicable jurisdiction) from which you access the Site permit you to participate in the Site. your GAME PLAY ON THE SITE AND ANY RESULTING COINS OR OTHER BENEFITS IS void wherever prohibited or restricted by law. All federal, state and local laws and regulations apply.
You further agree to indemnify, defend (at our option), and hold harmless the Drop-In Gaming Indemnities from and against any and all claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out your breach of this Section 5, and such amounts shall be paid to us on demand in immediately payable funds.
- Coin Rules
Subscription Players will receive the number of Coins associated with their selected subscription level. Alternatively, Players without a subscription can purchase Coins directly. The Player will receive additional Coins based on Game play and skill achievement on the Site. Earned Coins are automatically loaded directly to the Player’s associated Account. Players may redeem Coins for prizes, experiences, and other benefits listed and made available on the Site Store.
To be eligible to receive or exchange Coins, you must be the Player registered for your Account and play eligible Games while signed into your Account. Game play from an Account other than your own is void and no Coins will be earned for such play. Additional eligibility requirements may be imposed in connection with a given Game.
Coins are only good for use on the Site Store. Coins have no cash value. Coins cannot be cashed out, transferred, sold, or converted for cash or other currency or for any item outside of the Site. No change will be given for the exchange of Coins for any item on the Site Store.
Coins will not be awarded in conjunction with any special event or with any other rewards, coupons, discounts (including but not limited to group and corporate discounts) or promotional offers. We reserve the right to substitute rewards of equal or greater value for any Coin or prize for any reason.
Coins do not expire, but the Coin feature is subject to change or cancellation at any time by Drop-In Gaming in our sole discretion, without prior notice. You should not rely upon the continued availability of the Coin feature on the Site. Coins and Site Store items are available while supplies last and are subject to change and/or revocation without notice.
You agree not to misuse the Coin feature or the Site in any manner, including without limitation: (i) having multiple accounts; (ii) making purchases on the behalf of other members; (iii) participating in purchasing or redemption fraud; (iv) and/or using any robot, spider, other automatic device, or manual process to transact with, monitor or alter the Site.
You agree to always comply with all laws, rules, and regulations that are applicable to you. Drop-In Gaming may refuse at any time to credit Coins or permit your Coin exchange, or may restrict, modify, or terminate your participation in the Coin feature without liability to you. Drop-In Gaming and its respective affiliates, subsidiaries, partners, directors, officers, and agents expressly disclaim all warranties of any kind, whether express or implied, with respect to the use of such Coins.
6. PRIVACY
You acknowledge that you have read and understand the Dropingaming.gg Privacy Notice, which you may review anytime on the Site. In addition, you understand that communications made on the Site should not be considered private. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any Player Content (as defined in Section 8.3) or communications, including without limitation chat text or voice communications. Because voice chat and other communications may be viewed and/or heard by other players, you should avoid revealing any Personal Information via those features.
7. Communications
7.1. Email Messages
In connection with your use of the Site, you agree that we may send you service announcements, administrative messages, notifications, offers, promotions, affiliate information and other important information. You may opt out of some of those communications by request to us at support@dropingaming.com, and we will process your request within a reasonable time after receipt. However, there are certain material transactional or data privacy emails you may not opt out of.
7.2. Consent to Do Business Online
By accessing the Site, registering for or using the Site, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) Drop-In Gaming communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. We will use electronic documents for all communications, notices, agreements, disclosures, authorizations, and other documents necessary to provide you with the Site. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at support@dropingaming.com. Agreements and transactions executed prior to this request will remain valid and enforceable.
8. Code of Conduct
8.1. Acceptable Use
You are personally responsible for your use of the Site. You represent and warrant that you will use the Site in accordance with the following acceptable use requirements:
- You will use the Site in a respectful manner and in compliance with applicable laws;
- Any information you submit to us is truthful and accurate;
- You will maintain the accuracy of that information;
- You will abide by all rules of conduct relating to any Game you play or Site features you use;
- You will not do anything that might jeopardize the security of your Account;
- You will not engage in any activity described under Prohibited Acts (Section 8.2); and
- You will notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. Any information that you provide to us will also be subject to our Privacy Notice.
- We may temporarily or permanently ban you if you violate the provisions of this Section 8, or if you abuse email communications or support communications, as determined by us, in our sole discretion.
8.2. Prohibited Acts
You are strictly prohibited from engaging in the conduct described in this Section 8.2. By using the Site, you agree to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Site or any portion thereof (including our Content, defined below) or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Site.
You represent and warrant that your use of the Site and your provision of Player Content via the Site will not:
- Use or attempt to use another Player’s Account without authorization, or impersonate any person or entity;
- Harvest, solicit, or collect information of other Players for any reason whatsoever, including, without limitation, for sending unsolicited communications;
- Upload any Player Content or other data that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content;
- Post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity;
- Infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
- Violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Be fraudulent, false, misleading, or deceptive;
- Be defamatory, obscene, pornographic, vulgar, or offensive;
- Promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
- Be violent or threatening or promote violence or actions that are threatening to any person or entity;
- Promote illegal or harmful activities or substances; or
- Use the Site in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Site, or which may expose us or our Players to any harm or liability of any type.
Additionally, you are strictly prohibited from violating or trying to violate our security features, such as by:
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing;
- Attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
- Sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
- Using any device, software, or routine to interfere, or try to interfere, with the proper working of the Site or any activity being conducted on the Site ; or
- Using or attempting to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents that we make available via the Site and other than the generally available third-party web browsers.
If you violate our system or network security, you may face civil or criminal liability. Tampering with the Site, conducting fraudulent activities on the Site and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Site. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting Players who are involved in such violations.
Additionally, you will be subject to Account deletion or blocking for committing the following, including but not limited to: (i) misrepresentation of eligibility; (ii) attempting in any way to impair the function of the Site or third-party websites; (iii) attempting to commit any form of fraud in connection with the Site or any Game; (iv) when requested by us, failure to timely furnish (and in any event within thirty days of request) an affidavit or declaration of eligibility in form and substance satisfactory to us and that is legally binding in the jurisdiction of your residence or participation; (v) use of the Site in any manner under multiple Accounts or profiles; or (vi) any other act which in our sole opinion is inconsistent with the integrity of the Site, any Game, or our goodwill or reputation.
This section provides examples of prohibited conduct. The above lists are not intended to be exhaustive. Any conduct by you that, in our sole discretion, restricts or inhibits any other Player or other individual from using or enjoying the Site will not be permitted.
8.3. Player Content
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Site“) that allow Players to post, submit, publish, display, or transmit to other Players or other persons (hereinafter, “post“) content or materials (collectively, “Player Content“) on or through the Site. All Player Content must comply with the use standards set out in these Terms. We do not review or verify Player Content for truth or accuracy. With respect to any Player Content posted by you, you represent that (i) you created and own the rights to the content, or you have the owner’s express permission to post such content; and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks, rights of publicity or privacy rights) or violate any applicable laws, rules or regulations, these Terms, or any of our other posted policies.
Any Player Content you post will be considered non-confidential and non-proprietary. By providing any Player Content, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns a perpetual and irrevocable, worldwide, fully paid-up and royalty free, non-exclusive, unlimited license to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, any such material for any purpose, as well as all modified and derivative works thereof. To the extent permitted by applicable laws, you hereby covenant not to assert against us any moral rights you may have in any Player Content.
Player Content must not (a) misrepresent your identity or affiliation with any person or organization; (b) seek to collect others’ Personal Information by any means; (c) seek to transmit chain letters, or bulk or junk email; (d) relate to contests, sweepstakes, or other sales promotions; (e) include information that may be used to track, contact, or impersonate another individual; (f) infringe any intellectual property or other proprietary rights of Drop-In Gaming or any other person; (g) seek to harm or exploit children; (h) contain any material that is false, defamatory, libelous, obscene, harassing, discriminatory, profane, or otherwise offensive, damaging, unlawful, or harmful; (i) violate Drop-In Gaming’s or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act; or (j) be otherwise objectionable as determined by us at our sole discretion.
You are solely responsible for your Player Content and the consequences of posting it online. You assume all risks associated with dealing with other Players with whom you come in contact through the Site, and, to the extent that the law permits, you release us from any claims or liability related to any Player Content posted via the Site and from any claims related to the conduct of any other Players.
You also represent and warrant that you will indemnify, defend (at our option), and hold harmless the Drop-In Gaming Indemnities against all claims, actions, allegations, fines, damages, or loss resulting from or arising out of the Player Content you provide to us or upload to the Site. You understand and acknowledge that we take no responsibility and assume no liability for any content posted by you or any third party, and you, not us, have full responsibility for the Player Content you submit, including their legality, reliability, accuracy, and appropriateness.
We do not undertake to review material before it is posted on the Site, and we cannot ensure prompt removal of objectionable material after it has been posted. We reserve the right, but have no obligation to, monitor, review, screen, post, remove, reject, modify, or store Player Content at any time and for any reason without notice. We may refuse, alter, or remove Player Content without notice for any reason at our sole discretion. We do not endorse any Player Content, and the Player Content posted does not reflect our opinions, views, or advice. We take no responsibility and assume no liability for any Player Content that you or a third party posts or sends on or through the Site, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
9. Site and Software
9.1. Site
We will use commercially reasonable efforts to maintain availability of the Site. You agree and understand that there will be times when the Site will not be available, such as scheduled maintenance times; outages; emergency maintenance; unavailability caused by software, hardware, or other Players; and causes beyond our reasonable control. We will make commercially reasonable efforts to notify you of planned downtime and unavailability of the Site. We are not liable for any delays, interruptions, or other transmission errors resulting from any lack of Service access, or caused by your device or your internet or wireless service provider. We may suspend and/or close the account of any user who violates, or whom we reasonably believe may be in violation of or will violate, these Terms, at any time without notice and without liability to you. You understand and agree that you are responsible for obtaining and maintaining all telephone, computer hardware, software, and other equipment needed for access to and use of the Site and all charges related thereto.
9.2. Software
If you wish to use the Site, you may be required to download certain applications from the Site or from our third-party partners (together with the content included therein, any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes, and revised versions of any of the foregoing, collectively the “Software”). If you do not download the Software, you may not be able to use the Site. Your use of the Software is subject to these Terms.
By using the Site, you represent and warrant that you have the legal right to use the Games or Software that is identified in the Site, including valid and properly licensed versions of such games or other software, and that the games or other software are installed on a device you have rights to use. By way of example only, the previous sentence means that if you enter into a tournament via the Site you have appropriate software downloaded and have accepted the terms of the software and paid all applicable fees before participating in the Site.
We may offer the Site through a mobile application (the “App”). To use the App as part of the Site, you must have a compatible mobile telephone or handheld device, Internet access (if required by the App), and the necessary minimum specifications (“Software Requirements”) to use the App. The Software Requirements for Apple iOS devices and Android OS devices can be found on the relevant application store page. The App software may be upgraded from time to time to add support for new functions and services. The App may request certain privacy permissions from your device such as access to your device camera, access to choosing images from your device, or access to your device microphone and associated features.
You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply when using the Site. Data and messaging charges may apply to your use of the Site or any text messaging or photo sharing features you use via the Site. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the Site, you will be assumed to have received permission from the bill payer for using the Site. The Site may be configured to allow you to make calls using your voice connection from your mobile service provider. Please note that this may result in additional voice minute usage fees from your mobile service provider.
9.3. Updates
From time to time, we may, in our sole discretion, develop and provide updates to the Site, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any features or functionality. You agree to promptly download and install all Updates and acknowledge and agree that the Site or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Site and be subject to these Terms.
9.4. Remote Access
We may choose to offer technical support for Software from time to time in our discretion. If you request technical support for Software and we agree to provide technical support to you, we may require that you permit us to remotely access your device on which the Software is installed (“Device”). In addition, for you to receive updates to the Software or for us to deploy patches, updates, and modifications to the Software, as applicable, we may do so through remote access of your Device without your knowledge. You hereby consent to these activities. You acknowledge that if we cannot remotely access your Device, then the Software may no longer work or may not properly work, and this may prevent you from using the Site. Our access to your Device will be limited solely to: (i) providing support; (ii) updating the Software; or (iii) determining your location for skill-gaming regulatory purposes.
10. Third-Party Websites, Site, and Software
You may be able to access third-party websites, services, or software via the Site. Drop-In Gaming is not responsible for third-party websites, services, software, or content available through those third-party services. You are solely responsible for your dealings with third parties. Your use of third-party software, websites, or services may be subject to that third-party’s terms and conditions and privacy practices. We do not endorse any third-party websites or services. You hereby agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability or your use of any third-party website or as a result of any reliance placed by you on the completeness, accuracy, or existence of any the information, advertising, products, services, or materials contained on or accessible through any such third-party websites.
11. Intellectual Property
The Site and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Using them does not give you ownership of any intellectual property rights in them or the content you access. Except in accordance with these Terms, you may not use the Site or content from the Site unless you obtain written permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in the Site or the App. You may not remove, obscure, or alter any legal notices displayed in or along with the Site or the App.
11.1. Copyrights
All content included in the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property, the property of our content suppliers, or the property of other third parties, and is protected by U.S. and international copyright laws. The compilation of the content on the Site is our exclusive property and protected by U.S. and international copyright laws. All Software used on the Site and the App is our property, the property of our Software suppliers, or the property of other third parties, and is protected by U.S. and international copyright laws.
11.2. Trademarks
Dropingaming.gg, Drop-In Gaming, Drop-In Gaming, LLC, dropingaming.com, and other Site graphics, logos, page headers, button icons, scripts, and service names are our trademarks, registered trademarks, or trade dress in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not owned by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear in connection with the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
11.3. License and Access
We grant you a limited, revocable, non-transferable, non-exclusive license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of the Site’s content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site, the App, and Software’s content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site’s content or any portion of such content may not be reproduced, duplicated, copied, sold, resold, assigned, sub-licensed visited, or otherwise exploited for any purpose, including commercial purposes, without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. This license may also be terminated by us at any time. Upon termination of these Terms: (i) the rights and licenses granted to you herein shall terminate as to the terminated rights, (ii) you shall cease all use of the Site that have been terminated, and (iii) we may at our own discretion remove and/or purge data, account information, and any other information obtained by us in connection with providing you the Site.
11.4. Feedback
You may from time-to-time provide us certain materials, communications, suggestions, comments, improvements, ideas or other feedback related to the Site (“Feedback”). You hereby additionally grant to us all rights, titles and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Site any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
11.5. Notification of Infringement
We respect the intellectual property of others. Accordingly, we ask our Players to do the same. If you believe in good faith that any material on the Site infringes a copyright in your work, a notification of the alleged copyright infringement should be emailed to our Copyright Agent at: support@dropingaming.com (Subject Line: “DMCA Takedown Request”). You may also send your takedown request by United States Postal Service, Federal Express or United Parcel Service to:
Attention: DMCA Takedown Request
Drop-in Gaming LLC, LLC
c/o Marketing Site
19363 Willamette Dr. #108
West Linn, OR 97068
To be effective, the notification must be in writing and contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work that is allegedly infringed;
- · Identification of the copyrighted work claimed to have been infringed;
- · Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
- · Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- · A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- · A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please be advised that we will not respond to complaints that do not meet the requirements above. Notices must meet the then-current statutory requirements imposed by the Digital Millennium Copyright Act (DMCA). If we determine that the material(s) alleged to infringe your rights do not require removal, we will remove those materials only pursuant to a court order that declares the content or use of the materials unlawful. Please be aware that there can be penalties for false claims under the DMCA. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the Account and access to the Site of Players who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Site and/or terminate the participation of any Players who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
12. Disclaimer of Warranties
WE DO NOT GUARANTEE THAT ANY PARTICULAR SERVICE, SOFTWARE, ITEM OBTAINED THROUGH THE SITE, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT WE WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF ONLINE PRODUCTS OR SERVICE FEATURES. WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE ANY SERVICE, SOFTWARE, ITEMS OBTAINED THROUGH THE SITE, OR ANY FEATURE THEREOF IN OUR SOLE DISCRETION WITHOUT NOTICE.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
13. Limitation of Liability
IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, THE SERVICES, SOFTWARE, OR ANY ITEMS OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY YOU TO US DURING THE LAST THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14. Indemnification
You agree to indemnify, defend (at our option), and hold harmless the Drop-In Gaming Indemnities and their respective suppliers, licensors and partners from and against any and all claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out of your: (i) violation of these Terms; (ii) negligent, willful misconduct, fraud, or strict liability; (iii) use, misuse and/or access of the Site; (iv) violation of any applicable law; (v) content you post, store, or otherwise transmit in or through the Site; and/or (vi) violation of the rights of any third party, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Drop-In Gaming, and you agree to cooperate with Drop-In Gaming’s defense of these claims, at your sole cost and expense, and such amounts shall be paid to us on demand in immediately payable funds.
15. General
15.1. Entire Agreement
These Terms, including and together with any related policies, guidelines, agreements, or rules that we may incorporate from time to time, constitutes the entire agreement between you and us with respect to the subject matter herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
15.2. Notices
We may provide you with notice by any means, including (without limitation) via email or postings on the Site and the App, of changes to these Terms. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you must stop using the Site. A notice that we give is deemed given even if it is intercepted by your spam filter and not actually read. Unless otherwise specified in these Terms, all notices to us shall be in hardcopy writing and shall be sent by United States Postal Service, Federal Express or United Parcel Service to:
Attention: Participant Notice
Drop-In Gaming LLC
19363 Willamette Dr #108
West Linn, Oregon 97068 (U.S.A.)
Notices sent to us pursuant to any section of these Terms shall be deemed duly served and effective only on actual receipt by us.
15.3. Severability; Waiver
Any provision of these which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. No waiver by us of any of the provisions of these Terms shall be effective unless explicitly set forth in writing and signed by us. No failure by us to exercise, or delay in exercising, any rights, remedy, power or privilege arising from these Terms shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
15.4. Cumulative Remedies
Our rights and remedies provided in these Terms are cumulative and not exclusive, and the exercise by us of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between you and us or otherwise.
15.5. Assignment
We may assign these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign these Terms without our prior written consent, and any unauthorized assignment by you shall be automatically null and void. No assignment, transfer, delegation, or subcontract shall relieve you of any of your obligations hereunder. These Terms are binding on and inures to the benefit of the you and we and yours and our respective permitted successors and permitted assigns.
15.6. Arbitration
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
This section 15.6 applies to you if you are domiciled in and/or use the Site in the United States or Canada. These provisions may also apply to you if you are domiciled in and/or use the Site from outside the United States or Canada.
15.6.1. Internal Dispute Resolution
Our customer support department is available to address any concerns you may have regarding the Site. Most concerns are quickly resolved in this manner to our customers’ satisfaction. You and we (together, the “Parties,” and each a “Party”) must use our best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to either Party initiating a lawsuit or arbitration.
15.6.2. Binding Arbitration
If the Parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to Section 15.6.1, then either Party may initiate binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including its interpretation, formation, performance, and breach), the Parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as determined by us, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act (FAA) shall apply to the interpretation, applicability, enforceability, and formation of this Agreement notwithstanding any other choice of law provision contained in these Terms. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction.
15.6.3. Location of Arbitration
If you are a resident of the United States, arbitration will take place in Portland, Oregon. For residents outside the United States, arbitration shall be initiated in Clackamas County, Oregon, and you and we agree to submit to the personal jurisdiction of any federal or state court in Clackamas County, Oregon, in order to compel arbitration in Portland, Oregon, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
15.6.4. Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the Parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Site under these Terms. Either Party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
15.7. Class Action Waiver
The Parties agree that any arbitration or action shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
15.8. Choice of Law; Venue
These Terms and all matters arising out of or relating to these Terms shall be construed and enforced in accordance with the laws of the State of Oregon, without regards to its principles of conflict of laws. To the extent that Section 15.6.2 does not apply or is held unenforceable, each Party irrevocably and unconditionally agrees that it shall not commence any action, litigation or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement in any forum other than the U.S. District Court of Oregon, or if such court does not have subject matter jurisdiction, the courts of the State of Oregon sitting in Clackamas County, Oregon, and any appellate court from any thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts.
15.9. Waiver of Jury Trial
15.10. Attorneys’ Fees
In the event of any dispute between the Parties concerning the terms and provisions of these Terms, we shall be entitled to collect from the other Party all costs incurred in such dispute, including reasonable attorneys’ fees, if we are the prevailing party.
15.11. Headings; Interpretation
Section headings are inserted for convenience only and shall not affect in any way the meaning or interpretation of these Terms. Neither these Terms nor any uncertainty or ambiguity herein shall be construed against us, whether under any rule of construction or otherwise. On the contrary, this Agreement has been reviewed by the Parties and shall be construed and interpreted according to the ordinary meaning of the words used so as to accomplish fairly the purposes and intentions of the Parties hereto. Whenever the words “include,” “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation.”
15.12. No Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Site.
15.13. Survival
All provisions of these Terms that, by their nature, should survive any termination or expiration of these Terms shall survive any termination or expiration. Any termination or expiration of these Terms shall not relieve you of any obligations that may have arisen or accrued prior to such termination or expiration or limit any liability you otherwise may have to us, including, without limitation, any indemnification obligations contained herein.
15.14. Additional Terms
Additional policies, guidelines, agreements, or rules may apply to certain features of the Site or other services we offer, which become part of these Terms if you use those Site. If these Terms are inconsistent with any other written policies, terms, and agreements relating to any feature or service, the written guidelines, policy, terms, and agreements relating to the specific feature or service will govern. Nothing in these Terms will be deemed to confer any third-party rights or benefits.
15.15. Amendments
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and will apply to all access to and use of the Site thereafter. If you do not want to agree to the revised Terms, you may not use the Site, and accordingly, must immediately terminate your use of the Site. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
16. Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Site, the App,us and/or these Terms should be directed to support@dropingaming.com.