DROP-IN GAMING TERMS AND CONDITIONS OF USE
Last Updated: March 15, 2021
Thank you for visiting www.dropingaming.com and our network of websites and applications (the “Site”). These terms and conditions (the “Terms”) form a binding contract between you and binding, legal contract between you and Drop-In Gaming LLC (“Drop-In Gaming,” “us,” “our,” or “we”) and govern your visit to the Site and use of any services provided by us on the Site, including Software (as defined in Section 7.2), tournaments, competitions, matches, online gaming challenges, and other ventures set up or provided by us in conjunction with the games, challenges, and skill-based competitions featured by third parties (collectively, with the Site, the “Services”).
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND DROP-IN GAMING.
- Acceptance of the Terms and Conditions
Please read these terms carefully. THESE TERMS (INCLUDING THE PRIVACY NOTICE) IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND US.
BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND YOU ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, THE TERMS CONTAINED HEREIN. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ IN ENGLISH, UNDERSTAND IN ENGLISH, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF USE CONTAINED HEREIN. If at any time you do not agree to these Terms, you may not use the Services, and accordingly, must immediately terminate your use of the Services. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Additional policies, guidelines, agreements, or rules may apply to certain Services, and they will become part of these Terms if you use those Services. If these Terms are inconsistent with any other written policies, terms, and agreements relating to any Service, the written guidelines, policy, terms, and agreements relating to the specific Service will govern. Nothing in these Terms will be deemed to confer any third-party rights or benefits.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO PARTICIPATE IN COMPETITIONS AND USE THE SERVICES OFFERED BY THIRD PARTIES DOES NOT ESTABLISH US AS A PROVIDER OF SUCH COMPETITIONS OR SERVICES.
- Changes to the Terms
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 Services thereafter. If you do not want to agree to the revised Terms, you may not use the Services, and accordingly, must immediately terminate your use of the Services. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
- Changes to the Services
We may change or discontinue any aspect or feature of the Services at any time in our sole discretion, including, but not limited to, content, hours of availability, and 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 Services at any time for any reason or in the absence of a reason. 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 Services and all charges related thereto.
We know that the privacy of your personal information is important to you. For more information about our data protection practices, please read our Privacy Notice, which is incorporated by reference into these Terms and made part of these Terms. The Privacy Notice explains how we process your personal information and protect your privacy when you use our Services. Your access to and use of the Services shall be subject to our Privacy Notice.
Communications made using the Services should not be considered private. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Contributions (as defined in Section 6.5) or communications, including without limitation chat text or voice communications. Because voice chat and other communications may be viewed and/or heard by other users, users should avoid revealing any personally identifiable information.
- Service Messages
In connection with your use of the Services, 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 firstname.lastname@example.org, 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.
- Consent to Do Business Online
By accessing the Services, registering for or using our Services, 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 Services. 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 email@example.com Agreements and transactions executed prior to this request will remain valid and enforceable.
- Eligibility, Registration, and Use
To use the Services, you must: (i) be at least 16 years old, unless the laws of your jurisdiction or these Terms require you to be older than 16 for Drop-In Gaming to lawfully provide the Services to you without parent or guardian consent (including collection and use of your Personal Information), then you must be the older age as so required; (ii) own the valid email address used with registration on the Site; (iii) have the necessary authority to enter into a contract with us; (iv) access the Services only when physically located in a jurisdiction where we offer the Services; (v) access the Services only when physically located in a state, country, or jurisdiction where participation in the Services and underlying competition or match is unrestricted and unprohibited by that jurisdiction’s laws; and (vi) at all times abide by these Terms. If you do not follow or qualify under these requirements, we reserve the right to suspend or close your Account (as defined in Section 6.3) or use of the Services without notice to you.
Some of the Services are offered without requiring payment of a fee and are open to all participants unless your state, country, or jurisdiction prohibits such activity, game, or participation. To use other Services, however, you will need to pay a fee. Some states, countries, and jurisdictions do not permit their residents to participate in online games, matches, or competitions where a fee is paid and a premium or prize is awarded to participants. For example, if you reside in Arizona, Arkansas, Delaware, Louisiana, South Dakota, Tennessee, or Quebec, you may not be able to participate in the Services when a fee is required.
You may have the opportunity to participate in certain competitions and tournaments through the Services that have prizes, winnings, and other representatives of value (including without limitation digital trophies, virtual currency, or virtual goods) (collectively “Winnings”) for the winners. If you participate in competitions or tournaments that involve Winnings, you may be required to sign and provide to us an affidavit of eligibility and liability release and report as taxable income the value of any Winnings received by you. To be eligible to receive Winnings, you must be the registered owner of the email address identified with the entrant’s Account. Your participation from an email address other than your own is void. If there is a dispute regarding the identity of any winner, subject to all other eligibility conditions set out in these Terms, the winner shall be the person in whose name the email account was opened. To receive any Winnings, you may be required to provide information requested by us to enable us to prepare and file required forms with the Internal Revenue Service (IRS). Additional eligibility requirements may be imposed in connection with each competition and tournament.
No Winnings will be awarded to you if you are younger than eighteen years of age or if you participate from a jurisdiction where the awarding of a prize based on the participant’s results in the competition is prohibited, illegal, or restricted. For example, if you reside in Connecticut or Maryland you may be ineligible to receive Winnings exceeding a certain amount as determined by state law. Further, if you participate from a state that prohibits use of the Services, no Winnings will be awarded to you.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THAT THE LAWS OF THE COUNTRY OR STATE (OR OTHER APPLICABLE JURISDICTION) FROM WHICH YOU ACCESS THE SERVICES PERMIT YOU TO PARTICIPATE IN THE SERVICES. THE COMPETITIONS AND YOUR PARTICIPATION IN THEM ARE 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 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 “DIG 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 6, and such amounts shall be paid to us on demand in immediately payable funds.
Employees and agents of Drop-in Gaming, its content providers and advertisers, together with members of their immediate families and those living in their households, are ineligible to participate in the competitions.
In order to use the Services, you must register on the Site and create an account (an “Account”). You hereby agree to provide true, accurate, current, and complete information about yourself as requested on the Site and to update your registration data to keep it current and accurate within a reasonable time after any change to that data. When you create an Account, you will be asked for a legitimate email address that you control and to create a password. After registration, you will be prompted to create a username. The password and username are needed to participate in the Services. As a registered user, you can update your account settings, including your email address, by logging into your Account and clicking “Account Settings.” If you forget either your password or username, you can visit the Site or email us for help. Please keep your username and password secret. You are solely and entirely responsible for all activity associated with your Account. We may, in our sole discretion, reject, change, suspend, and/or terminate your username.
- Your Account
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 Services through your Account; or (iii) accept or use Winnings through your Account. Your Account, Winnings, and any digital assets are not transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account. You shall use the Services for only lawful purposes and in compliance with these Terms.
Fees for your use of the Services, if not immediately paid by you, may be charged to your Account. You hereby agree to pay any fees or other costs charged to your Account, as well as any and all applicable sales and use taxes for the purchase of your subscription based on the address that you provide when you register to use the Services. 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 the Services and fees and other costs may change at any time, but no price change will affect your past purchases.
From time we may offer for sale, goods or services that are advertised or posted on the Site. Those purchases are governed by the terms related to the sale, which are incorporated by reference into these Terms and made part of these Terms. The prices charged for them 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, (1) 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 (2) 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 and non-delivery of the goods that you may buy from us. Prior to shipment we have the right to cancel any order and refund any payment based on a mistaken price quote on the Site.
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). 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. Payments are nonrefundable, and there are no refunds or credits for partially used periods.
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 Services. 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 Services. 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, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution. You agree to indemnify, defend (at our option), and hold harmless the DIG 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.
You may request a withdrawal of funds associated with your Account at any time. Processing of requested funds will be made by check or by refund to the payment method used to make your purchase or deposit and may take up to 90 days. In our sole discretion, we may freeze, suspend, or otherwise delay any withdrawal request by you for investigation of reported or suspected abuse or non-compliance with the Terms, or for verification of eligibility purposes. A check request processing fee of up to $2.00 may be imposed for any withdrawal of less than $10.
If you close your Account, any funds in your Account will be returned to you, subject to forfeiture for any wrongdoing on your part or any rights we may have to suspend, freeze, or offset provided for in these Terms.
- Acceptable Use
You are personally responsible for your use of the Services, and while using the Services you must conduct yourself in a lawful and respectful manner in accordance with our rules of conduct below. We may temporarily or permanently ban you if you violate the provisions of this Section, or if you abuse email communications or support communications, as determined by us, in our sole discretion.
You will be subject to disqualification and/or blocking for committing the following, but not limited to, acts: (i) misrepresentation of eligibility, (ii) attempting in any way to impair the function of the Services or third-party websites, (iii) attempting to commit any form of fraud in connection with any competition, (iv) failure, when requested by us, 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) participating in any competition or competitions while using multiple email addresses or email accounts, and (vi) any other act which in our sole opinion is inconsistent with the integrity of any competition or our goodwill or reputation.
By using the Services, you hereby agree not to:
- post, upload, distribute or otherwise transmit through the Services, any content that may be defamatory, libelous, constitute slander or may be pornographic, indecent, lewd, calculated to disparage, harass, or threaten or to promote racism or other forms of hatred, impersonating as to any person or entity, violates the privacy or publicity rights of any person or entity, misrepresents your affiliation with any person or entity, is fraudulent, encourages or constitutes instructions regarding any criminal offense, contains personal identifying information of any other person, or infringes upon any copyright, trade mark, trade secret, proprietary right, or other intellectual property right of any person or entity;
- post, upload, distribute, or other transmit to or through the Services, any malware or spyware, bugs, trap doors, Trojan horses, or anything containing software viruses, corrupted data or other harmful, disruptive or destructive files or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- post, upload, distribute, or other transmit to or through the Services any advertisement, unsolicited offers, promotional materials, pyramid schemes, bulk mailing of commercial advertising, charity requests, signature petitions, or promotional giveaways, such as sweepstakes, contests and raffles;
- remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services;
- reverse engineer, disassemble, decompile, or take any other activities related to discovery of source code used in connection with the Services or features that limit their use, or other actual or attempted piracy;
- engage in any activity that interrupts or attempts to interrupt the operation of the Services;
- take actions that, in our sole discretion, impose an unreasonable or disproportionately large load on network infrastructure, or that could damage, disable, overburden or impair the Services;
- use unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, and collusion with bots), harass other users, breach of these Terms, breach of security of your Account, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud;
- attempt or actually modify, adapt, or create derivative works based upon the Services; or
- use any so-called robot, spider, scraper, crawler, or other automated means to access the Services, or to participate in any competition distributed through the Services including, but not limited to, bypassing, disabling, or overcoming measures used to prevent or restrict access to the Services.
The above are examples of prohibited conduct. They are not intended to be exhaustive. Any conduct by you that, in our sole discretion, restricts or inhibits any other user from using or enjoying the Services will not be permitted. We shall have the right, but not the obligation, to monitor the content of the Services, including profiles, to determine compliance with these Terms and any policies and other operating rules established by us and to comply with any law, regulation, or authorized government request. We will make the sole determination as to what content is acceptable. We have the right, but not the obligation, to edit or remove any content at any time without notice, in our sole discretion. Without limiting any other rights or remedies of ours, any violation of the Terms may result in removal of prohibited content and communications and the suspension or termination of your rights to use and access the Services.
ANY ATTEMPT BY YOU IN THE COMPETITION OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE SERVICES OR TO SUBVERT, IMPAIR, OR COMPROMISE THE LEGITIMATE CONDUCT OF ANY COMPETITION MAY BE A VIOLATION OF CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, WE RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES AND COSTS OF COLLECTION FROM YOU, TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
- User Contributions
The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Services. All User Contributions must comply with the use standards set out in these Terms. We do not review or verify User Contributions for truth or accuracy. With respect to any User Contributions 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 User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution, 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 User Contribution.
User Contributions 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 User Contributions and the consequences of posting it online. You assume all risks associated with dealing with other users with whom you come in contact through the Services, and, to the extent that the law permits, you release us from any claims or liability related to any User Contributions posted via the Services and from any claims related to the conduct of any other users.
You also represent and warrant that you will indemnify, defend (at our option), and hold harmless the DIG Indemnities against all claims, actions, allegations, fines, damages, or loss resulting from or arising out of the User Contribution you provide to us or upload to the Site. You understand and acknowledge that we take no responsibility and assumes no liability for any content posted by you or any third party, and you, not us, have full responsibility for the User Contributions 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 User Contributions at any time and for any reason without notice. We may refuse, alter, or remove User Contributions without notice for any reason at our sole discretion. We do not endorse any User Contributions, and the User Contributions posted does not reflect our opinions, views or advice. We take no responsibility and assume no liability for any User Contributions that you or a third party posts or sends on or through the Services, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
- Terminating Your Account
You may terminate your Account and/or unsubscribe from any membership 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 Services and your Account, and immediately uninstall and delete all copies of the Software. 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 Services. 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.
- Compliance With Applicable Law
We may partner and work with certain third parties who provide skill-based games, competitions, and matches which you may choose to participate. Some of those skill-based games, competitions, and matches require you to pay an entry fee in order to participate. Some include an offer of payment to winners as a premium. ALL CONTESTS, TOURNAMENTS, COMPETITIONS AND SWEEPSTAKES ARE VOID AS TO PARTICIPATION IN ANY COUNTRY OR STATE WHICH PROHIBITS OR RESTRICTS SUCH ACTIVITIES. By your act of registering on the Site or participating in any such activity you warrant and represent, for our reliance and that of our agents and employees and affiliates, that you have checked the laws of the country or state (or other applicable jurisdiction) from which you access the Services, and that such activities are not prohibited or restricted by the applicable law. You will not be entitled to any prize or refund if the applicable law prohibits or restricts your participation in these activities. You access and use the Services at your own risk and acknowledge that we do not make any warranty regarding compliance under the law if your country or jurisdiction, of the Services, and that no representative of ours has authority to make such a warranty. You acknowledge and agree that we may monitor the location from which you access the Services and that we may block your access from any jurisdiction which prohibits participation based upon its laws. You hereby agree that you will accurately confirm the location from which you use the Site or Services.
- Services and Software
We will use commercially reasonable efforts to maintain availability of the Services. You agree and understand that there will be times when the Services will not be available, such as scheduled maintenance times; outages; emergency maintenance; unavailability caused by software, hardware, or other users; and causes beyond our reasonable control. We will make commercially reasonable efforts to notify you of planned downtime and unavailability of the Services. 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. Without limiting our other rights or remedies, if we believe you have violated these Terms or if you have violated these Terms, we may determine that your Winnings, if any, will be forfeited, disgorged, or recouped.
If you wish to use the Services, 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 Services. Your use of the Software is subject to these Terms.
By using the Services, you represent and warrant that you have the legal right to use games or other software that is identified in the Services, 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 Services you have appropriate software downloaded and have accepted the terms of the software and paid all applicable fees before participating in the Services.
We may offer the Services through a mobile application (the “App”). To use our App as part of the Services, 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 time to time including, but not limited to, access to your device camera or 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 App. Data and messaging charges may apply to your use of the App or any text messaging or photo sharing features you use via the App. 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 App, you will be assumed to have received permission from the bill payer for using the App.
The App 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.
- 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, in order 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 Services. 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.
- Third-Party Websites, Services, and Software
You may be able to access third-party websites, services, or software via the Services. We are 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.
- Intellectual Property
The Services 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 Services or content from 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 Services. You may not remove, obscure, or alter any legal notices displayed in or along with the Site or Services.
All content included in the Services, 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 Services is our exclusive property and protected by U.S. and international copyright laws. All Software used on the Site and Services 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.
DROP-IN GAMING, DROP-IN GAMING LLC, DROPINGAMING.COM, and other Services 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 Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
- License and Access
We grant you a limited, revocable, non-transferable, non-exclusive license to access and make personal use of the Services 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 Services’ content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site, Services, 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 Services’ 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: (a) the rights and licenses granted to you herein shall terminate as to the terminated rights, (b) you shall cease all use of the Services that have been terminated, and (c) 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 Services.
You may from time-to-time provide us certain materials, communications, suggestions, comments, improvements, ideas or other feedback related to the Services (“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 Services 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.
- Intellectual Property
We respect the intellectual property of others. Accordingly, we ask our users to do the same. If you believe in good faith that your work any material on our Services infringes the copyright in your work, a notification of the alleged copyright infringement should be emailed to our Copyright Agent at: firstname.lastname@example.org (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 Services
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 users 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 users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
- Disclaimer of Warranties
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENT OR WARRANT THAT SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
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 AVAIILABILITY OF ONLINE PRODUCT OR SERVICE FEATURES. WE RESERVE THE RIGHT TO MODIFY OR DISCONTINUE ANY SERVCE, 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.
- 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.
You agree to indemnify, defend (at our option), and hold harmless the DIG 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: (a) violation of these Terms; (b) negligent, willful misconduct, fraud, or strict liability; (c) use, misuse and/or access of the Services; (d) violation of any applicable law; (e) content you post, store, or otherwise transmit in or through the Services; and/or (f) 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 DIG, and you agree to cooperate with DIG’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.
- 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.
We may provide you with notice by any means, including (without limitation) via email, postings on the Site and Services, and 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 Services. 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.
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.
- 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.
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.
- Successors and Assigns
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.
- Arbitration; Class Action Waiver
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
This Section applies to you if you are domiciled in and/or use the Services in the United States or Canada. These provisions may also apply to you if you are domiciled in and/or use the Services from outside the United States or Canada.
- Internal Dispute Resolution
Our customer support department is available to address any concerns you may have regarding the Services. 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.
- 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 14.8.1, 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 Services 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.
- 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.
- Class Action Waiver
The Parties agree that any arbitration 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.
- 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 Services 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.
- Changes to This Section
We will provide 60-days’ notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
- Choice of Law
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.
- Choice of Venue
To the extent that Section 14.8 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.
- Waiver of Jury Trial
To the extent that Section 14.8 does not apply or is held unenforceable, Each Party acknowledges and agrees that any controversy that may arise under this Agreement, including exhibits, schedules, attachments, and appendices attached to this Agreement, is likely to involve complicated and difficult issues and, therefore, each such Party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this Agreement, including any exhibits, schedules, attachments or appendices attached to this Agreement, or the transactions contemplated hereby.
- 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.
- 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.”
- 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 Services.
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.
- Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Site, our other Services, and/or these Terms should be directed to: email@example.com.