2. INFORMATION WE COLLECT
3. USE OF INFORMATION OBTAINED BY DROPS
We may use your contact information to send you notifications regarding new services offered by Drops that we think you may find valuable. Drops may also send you service-related announcements from time to time through the general operation of the Service. Generally, you may opt out of such emails.Profile information is used by Drops to be presented back to and edited by you when you access the Service and to be presented to other users. In some cases, other users may be able to supplement your profile, including by submitting comments (which can be deleted by you). Drops may use or share aggregate or anonymous data collected through the Service, including Activity Data, for purposes such as understanding or improving the service.
4. SHARING YOUR PERSONALLY-IDENTIFIABLE INFORMATION WITH THIRD PARTIES
6. Last revised on JANUARY 4, 2017.
TERMS AND CONDITIONS OF SERVICE
1. Website and Service Terms and Conditions - General
The Drops website (“Website”) and related services (together with the Website, the “Service”) are operated by PlanB Labs OÜ. (“Drops,” “us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. Drops may amend, update or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
2. Description of Website and Service
The Service allows users to (i) learn or practice a language while they translate content from the Web and elsewhere, (ii) submit material for translation by other users, and in some cases (iii) submit translated language courses or new language courses. Users interested in learning or practicing a language are presented with different types of educational activities; while they perform these activities, they also generate valuable data such as translations of Web content. Users interested in submitting material for translation, or submitting translated material or courses, may do so only if they comply with requirements set forth in these Terms and Conditions concerning the material submitted and use of the translation. Drops may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
3. Registration; Course Contributor Submissions
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you and/or your organization as requested by Drops; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to Drops, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
4. Your Representations and Warranties
You represent and warrant to Drops that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of the United States and any other relevant jurisdiction, including those regarding online conduct or acceptable content, and those regarding the transmission of data or information exported from the United States and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service (including Translation Materials, Course Contributor Materials, and Activity Materials)
5. Inappropriate Use
You will not upload, display or otherwise provide on or through the Service any content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights); or (ii) in Drops’s sole judgment, is objectionable or which restricts or inhibits any other person from using the Service or which may expose Drops or its users to any harm or liability of any kind.
6. Indemnification of Drops
You agree to defend, indemnify and hold harmless Drops and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions,or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
7. NO REPRESENTATIONS OR WARRANTIES
THE SERVICE, INCLUDING ALL IMAGES, AUDIO FILES AND OTHER CONTENT THEREIN, AND ANY OTHER INFORMATION, PROPERTY AND RIGHTS GRANTED OR PROVIDED TO YOU BY Drops ARE PROVIDED TO YOU ON AN “AS IS” BASIS. Drops AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, EITHER EXPRESS OR IMPLIED, AND ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Drops DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND RELATING TO ACCURACY, SERVICE AVAILABILITY, COMPLETENESS, INFORMATIONAL CONTENT, ERROR-FREE OPERATION, RESULTS TO BE OBTAINED FROM USE, OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICE MAY BE UNAVAILABLE DURING PERIODS OF PEAK DEMAND, SYSTEM UPGRADES, MALFUNCTIONS OR SCHEDULED OR UNSCHEDULED MAINTENANCE OR FOR OTHER REASONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
8. LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
IN NO EVENT WILL Drops BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY) FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE ACCESS OR USE OF, OR THE INABILITY TO ACCESS OR USE, THE SERVICE OR ANY PORTION THEREOF, INCLUDING BUT NOT LIMITED TO THE LOSS OF USE OF THE SERVICE, INACCURATE RESULTS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR DAMAGES STEMMING FROM LOSS OR CORRUPTION OF DATA OR DATA BEING RENDERED INACCURATE, THE COST OF RECOVERING ANY DATA, THE COST OF SUBSTITUTE SERVICES OR CLAIMS BY THIRD PARTIES FOR ANY DAMAGE TO COMPUTERS, SOFTWARE, MODEMS, TELEPHONES OR OTHER PROPERTY, EVEN IF Drops HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Drops’S LIABILITY TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Drops FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Drops may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your Drops account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Drops’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
10. Proprietary Rights in Service Content and Activity Materials
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (the "Service Content"), are the proprietary property of Drops or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content. As between you and Drops, all data, information and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (collectively, the “Activity Materials”), shall be exclusively owned by Drops, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. Activity Materials will not include Translation Materials. By using the Service, you hereby assign to Drops any and all rights, title and interest, including any intellectual property rights or proprietary rights, in the Activity Materials. All rights of Drops or its licensors that are not expressly granted in these Terms and Conditions are reserved to Drops and its licensors.
“Drops” and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or service marks of Drops or their respective owners, and certain of them are registered with the United States Patent and Trademark Office. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the Drops name or any Drops or third-party trademarks, service marks, graphics or logos.
12. Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any material available through the service infringes upon your copyrights, you may submit a copyright infringement notification to Drops pursuant to the Digital Millennium Copyright Act by providing us with the following information in writing: • an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest; • a description of the copyrighted work that you claim has been infringed; • a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service; • your address, telephone number, and email address; • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. 13. Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3).
Drops’s Agent for Notice of claims of copyright infringement can be reached as follows: • By mail: PlanB Labs OÜ Vilmsi 11 Tallinn Post Code: 10126 • By email: email@example.com
14. Governing Law and Arbitration
These Terms and Conditions, its subject matter and Drops’s and your respective rights under these Terms and Conditions shall be governed by and construed under the laws of Estonia excluding the conflict of law provisions of that or any other jurisdiction. Any dispute arising between you and Drops will be resolved by binding arbitration. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
16. Drops Subscription Plans, Payments and Renewals
Drops may offer different subscription plans and gift plans; and the specific pricing terms applicable to your account may vary depending on promotions, the type of subscription and the term you select at the time of purchase (e.g., monthly or yearly). If you choose a monthly plan, your Genius or Curious subscription will run from month to month, and will renew automatically at the end of each monthly period. Payment for the next monthly period will be taken at that time, unless you cancel your subscription, which you can do at any time by going to Settings » iTunes » Manage Apple ID » Manage App Subscriptions Annual accounts run for twelve months from the date on which your Genius or Curious subscription is activated, and your subscription will renew automatically at the end of that twelve month period, unless you choose to cancel your Genius or Curious subscription, which you can do by going to Settings » iTunes » Manage Apple ID » Manage App Subscriptions If you wish to change from monthly to annual plan, you may do so at any time. Your annual subscription will start after your payment has been processed and your new plan will be activated immediately, irrespective of any remaining time on your previous monthly plan. By providing payment information to us, you agree that the payment information is valid and (1) in your name or (2) in the name of an individual who has authorized you to use their payment information for your subscription purchase. If you provide someone else’s payment information, you agree that we may refund payment to that person if they so request and if the account is eligible for a refund under this Payment Policy. This may cause interruption to or termination of your Drops service.
17. Refund Policy
Please note that when your purchase a subscription or lifetime access, the sale is final, and we will not provide a refund. Your purcahse will be subject to Apple’s applicable payment policy, which also may not provide for refunds.
18. Changes to Pricing
We may occasionally need to change the features of our Genius or Curious subscription and/or change the prices charged for these accounts. In the event of any increase in the price or material reduction in the features of any Genius or Curious plan to which you subscribe, we will communicate these change(s) to you and the changes will only take effect with respect to any subsequent renewal of your subscription.
These Terms and Conditions constitute the entire agreement between Drops and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by Drops or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Drops may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of Drops and you, and Drops’s and your respective successors and permitted assigns.
Last revised on January 4, 2017