06/29/24

Terms of Service

(Effective as of September 8, 2023)

Welcome to the Terms of Service (referred to as “TOS”) for our websites, software, mobile applications, content, and various products and online services (collectively known as the “DropCGN Services”). These DropCGN Services are provided by DropCGN Media, LLC.

These TOS establish the agreement between you and DropCGN Media concerning your usage of the DropCGN Services and outline the responsibilities both parties have towards each other. It’s important to note that these TOS contain crucial details about your legal rights.

When you use the DropCGN Services, you acknowledge and consent to be bound by these TOS and our Privacy Policy, which goes into extensive detail about our privacy practices and is incorporated into these TOS by reference. We encourage you to carefully read and understand them.

1. General

1.1 Acceptance of TOS: By using DropCGN Services, you agree to abide by the Terms of Service (TOS) after reading, understanding, and accepting them. If you don’t agree, you cannot use the services.

1.2 Eligibility: DropCGN Services are for users aged 18 and above in the United States or those outside the U.S. who consent to follow U.S. laws and these TOS. Some parental control options are available to limit access to inappropriate content.

1.3 Supplemental Terms: Certain DropCGN Services may have additional terms (Supplemental Terms) that prevail if there’s a conflict with the main TOS. If you disagree with the Supplemental Terms, you can’t use those specific services.

1.4 Modifications: DropCGN can change the TOS, and such changes become effective 30 days after notice or posting on the services. Continuing to use the services after changes means you accept the modified TOS.

1.5 Account Registration: You may need to provide registration information for some DropCGN Services. You must keep this information accurate, and DropCGN may verify it. Your account and passwords are for personal use, and you’re responsible for their security. If you suspect unauthorized use, you must inform DropCGN promptly, and you can close your account for any reason.

2. Content

DropCGN Content: DropCGN Services include material owned by DropCGN and third parties, like software, images, videos, text, and audio (“Content”). DropCGN owns all rights to copyrights, trademarks, and other intellectual property associated with the DropCGN Services and Content. You do not gain any ownership rights in the DropCGN Services or Content, except when there’s explicit authorization to use certain Content, like reposting on social media. If authorized to create User-Generated Content from DropCGN Content, you grant DropCGN a broad license to use it, and if this assignment is invalid, your rights are nullified.

User-Generated Content: DropCGN Services may allow you to upload text, images, audio, video, or other content (“User-Generated Content”). You retain ownership of your User-Generated Content unless it incorporates DropCGN owned materials.

License to User-Generated Content: You grant DropCGN a worldwide, perpetual, royalty-free, fully paid-up, and transferable license to use, reproduce, adapt, publicly display, distribute, and more, your User-Generated Content. You confirm that you own or have the right to grant this license.

Use and Distribution of User-Generated Content: DropCGN may attribute your User-Generated Content but isn’t obligated to do so. You waive any moral rights or proprietary rights regarding your User-Generated Content. You acknowledge that User-Generated Content is public, and no privacy or confidentiality is expected. DropCGN may store User-Generated Content even after account termination.

No Responsibility for User-Generated Content: DropCGN is not responsible for User-Generated Content and is not obliged to monitor or correct it. User-Generated Content doesn’t necessarily reflect DropCGN’s views, and DropCGN doesn’t endorse it.

Infringement Policy: If you believe User-Generated Content is defamatory or infringing your intellectual property, you can request a review following the Infringement Policy, and DropCGN may remove the content accordingly.

3. Services

3.1 Access to Services: We provide you with a limited, non-transferable license to use DropCGN Services for personal purposes, in line with these TOS. Unless we agree otherwise in writing, you can only use Content within the authorized DropCGN Services. If DropCGN Services allow Content downloads, you can download it for use on your device as per these TOS. We reserve the right to change, suspend, or terminate any or all DropCGN Services at any time without notice or liability. We do not guarantee the quality, accuracy, availability, or certain features of DropCGN Services, including location-based restrictions or compatibility.

A) Wireless Features: DropCGN Services may offer features accessible via mobile networks, like receiving messages or downloading apps (“Wireless Features”). If you use these Wireless Features, you agree to receive communications on your device.

B) Device and Charges: You’re responsible for acquiring all necessary devices, software, internet connectivity, mobile services, and related expenses for using DropCGN Services. Your carrier or internet service provider may charge fees or impose restrictions on specific Wireless Features.

4.Third Party Platforms and Services

Third-Party Services: DropCGN Services may include links to third-party websites, widgets, software, or services (“Third-Party Services”). These are provided for your convenience, but we are not responsible for them. Our inclusion of Third-Party Services doesn’t imply endorsement or affiliation. Your use of Third-Party Services is governed by their agreements and policies, and we are not liable for any information you provide or any issues arising from dealing with Third-Party Services through DropCGN Services.

Third-Party Platform Providers: If you access DropCGN Services through third-party platforms like Apple, Amazon, Google, Microsoft, or Samsung, they are considered third-party beneficiaries of these TOS. However, they are not parties to these TOS and are not responsible for supporting DropCGN Services. Your access via third-party platforms is subject to their terms of service, so make sure to review their agreements and privacy policies.

Authentication: If using DropCGN Services requires authentication by your cable, satellite, or wireline provider (“MVPD Provider”), the process and information provided are solely between you and your MVPD Provider. We have no responsibility or liability regarding this authentication process.

5. Limits and Restrictions

Prohibited Actions: You must not engage in any of the actions listed as prohibited, nor should you encourage others to do so. Know that uploading unlawful content can lead to legal consequences.

Investigations and User Disputes: We may, but aren’t obligated to, monitor and record your use of DropCGN Services as required by law or governmental requests. We reserve the right to take appropriate actions when we identify violations of these terms, such as modifying or removing User-Generated Content, issuing warnings, suspending accounts, or blocking access. You’re responsible for your interactions on the platform, and while we may step in, we’re not obliged to mediate disputes between users.

Termination and Suspension: Termination, suspension, or cancellation of your account or access to DropCGN Services won’t affect our rights under these terms. After termination, these terms still apply to your past and future use of the services, including any rights you granted to us.

5. Disputes and Disclaimer

Disclaimer of Warranties: We provide DropCGN Services, including Third-Party Services, “as is” and “as available,” and make no guarantees regarding their accuracy, timeliness, reliability, or completeness. To the extent permitted by law, we, our parent, affiliates, and related parties disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim liability for various issues, such as performance failures or interruptions, communication-line failures, and network outages. If applicable law does not allow these exclusions, they only apply to the extent permitted.

Limitation of Liability: The aggregate liability of the DropCGN Parties for any issues related to DropCGN Services or these terms will not exceed the amount you paid us in the six months preceding the issue or $100, whichever is less. Additionally, the Third-Party Platform Providers and their affiliates, vendors, agents, and suppliers will not offer any warranties or be responsible or liable for your use of DropCGN Services. None of the DropCGN Parties will be liable for indirect, punitive, incidental, special, or consequential damages, even if we were advised of the possibility of such damages. This limitation applies regardless of the legal theory and includes damages from computer viruses, file corruption, theft, and more. Some jurisdictions may not allow these disclaimers, so they may not apply to you.

Exclusions: You acknowledge that any damages you incur due to the actions or omissions of the DropCGN Parties or your use of DropCGN Services are not irreparable and do not warrant an injunction or other equitable relief against the availability or accessibility of DropCGN Services or our content.

Indemnification: You agree to defend, indemnify, and hold harmless the DropCGN Parties from claims, demands, actions, losses, liabilities, damages, costs, and expenses arising from your breach of these terms, User-Generated Content, or your use of DropCGN Services or your account via these services.

6. Attention to California Users

In accordance with California Civil Code Section 1789.3, users residing in California and utilizing DropCGN Services have certain consumer rights. You have the right to receive the following notice: If you require assistance with a complaint, you can reach out to the Complaint Assistance Unit within the Division of Consumer Services at the California Department of Consumer Affairs. They can be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834. Additionally, you can contact them by telephone at (916) 445-1254 or (800) 952-5210, or access their online complaint submission platform at https://www.dca.ca.gov/webapps/gencomplaint.php.

7. Extend Terms of Service

No Waiver: Our failure to exercise any right, power, or privilege under these Terms of Service (TOS) doesn’t mean we’re giving up that right, nor does it prevent us from using it in the future. Likewise, any partial use of a right doesn’t limit our ability to fully use it or use other rights granted by these TOS.

Severability: If any part of these TOS is found to be invalid or unenforceable, it won’t affect the validity or enforceability of the rest of the provisions. All other provisions will remain in full force and effect unless expressly provided otherwise.

Entire Agreement: These TOS constitute the complete agreement between the parties on the subject matter, replacing all prior agreements. Any changes or waivers must be made in writing by the party to be charged. The section titles in these TOS are for convenience only and don’t hold any legal or contractual weight.

Assignment: These TOS are binding on both parties and their successors, heirs, administrators, personal representatives, and permitted assigns. You can’t transfer your rights or obligations without our prior written consent, and any such assignment without our consent is invalid.

Electronic Notice: You agree to receive electronic notices, including agreements, disclosures, and other communications from us at the email address you provided. This consent satisfies any legal requirements for written communication.

Designation of Agent: You authorize us to act as your agent with full authority to execute documents or take actions necessary to confirm the rights you’ve granted us in these TOS.