We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel quantities purchased
per person, per household, or per order. These restrictions may include orders placed by
or under the same customer account, the same payment method, and/or orders that use the
same billing or shipping address. We reserve the right to limit or prohibit orders that,
in our sole judgment, appear to be placed by dealers,
resellers, or distributors.
6. CANCELLATION
You can cancel your subscription at any time by contacting us
using the contact information provided below. Your cancellation
will take effect at the end of the current paid term.
If you are unsatisfied with our Services, please email us at legal@drop.fish
.
You may not
access or use the Services for any purpose other than that for which we make the
Services available. The Services may not be used in connection with any commercial
endeavors
except those that are specifically endorsed or approved by us.
As
a user of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create
or compile, directly or indirectly, a collection,
compilation, database, or directory without written
permission from us.
- Trick,
defraud, or mislead us and other users,
especially in any attempt to learn
sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with
security-related features of the Services,
including features that prevent or
restrict the use or copying of any Content
or enforce limitations on the use of the
Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our
opinion, us and/or the
Services.
- Use
any information obtained from the Services
in order to harass, abuse, or harm another
person.
- Make
improper use of our support services or
submit false reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with
any applicable laws or
regulations.
- Engage
in
unauthorized
framing of or linking to the
Services.
- Upload
or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other
material, including excessive use of
capital letters and spamming (continuous
posting of repetitive text), that
interferes with any party’s uninterrupted
use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or
interferes with the use, features,
functions, operation, or maintenance of
the
Services.
- Engage
in any automated use of the system, such
as using scripts to send comments or
messages, or using any data mining,
robots, or similar data gathering and
extraction
tools.
- Delete
the copyright or other proprietary rights
notice from any
Content.
- Attempt
to impersonate another user or person or
use the username of another
user.
- Upload
or transmit (or attempt to upload or to
transmit) any material that acts as a
passive or active information collection
or transmission mechanism, including
without limitation, clear graphics
interchange formats ("gifs"
), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred
to as
"spyware" or "passive collection
mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden
on the Services or the networks or
services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our
employees or agents engaged in providing
any portion of the Services to
you.
- Attempt
to bypass any measures of the Services
designed to prevent or restrict access to
the Services, or any portion of the
Services.
- Copy
or adapt the Services' software, including
but not limited to Flash, PHP, HTML,
JavaScript, or other
code.
- Except
as permitted by applicable law, decipher,
decompile, disassemble, or reverse
engineer any of the software comprising or
in any way making up a part of the
Services.
- Except
as may be the result of standard search
engine or Internet browser usage, use,
launch, develop, or distribute any
automated system, including without
limitation, any spider, robot, cheat
utility, scraper, or offline reader that
accesses the Services, or use or launch
any
unauthorized
script or other
software.
- Use
a buying agent or purchasing agent to make
purchases on the
Services.
- Make
any
unauthorized
use of the Services, including
collecting usernames and/or email
addresses of users by electronic or other
means for the purpose of sending
unsolicited email, or creating user
accounts by automated means or under false
pretenses
.
- Use
the Services as part of any effort to
compete with us or otherwise use the
Services and/or the Content for any
revenue-generating
endeavor
or commercial
enterprise.
-
Sell or otherwise transfer your profile.
8. USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to
submit or post content.
We may provide you with the
opportunity to create, submit, post,
display, transmit, perform, publish,
distribute, or broadcast content and
materials to us or on the Services,
including but not limited to text,
writings, video, audio, photographs,
graphics, comments, suggestions, or
personal information or other
material (collectively,
"Contributions"
). Contributions may be
viewable by other users of the
Services and through third-party
websites.
As such, any Contributions you
transmit may be treated in
accordance with the Services'
Privacy Policy.
When you create or make
available any Contributions, you
thereby represent and warrant
that:
- The creation,
distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
- You are the
creator and owner of or have the necessary
licenses, rights,
consents, releases, and permissions to use and to authorize us, the Services, and
other users of the Services to use your Contributions in any manner
contemplated by the Services and these Legal Terms.
- You have the
written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by
the Services and these Legal Terms.
- Your
Contributions are not false, inaccurate, or
misleading.
- Your
Contributions are not unsolicited or
unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
- Your
Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
- Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
- Your
Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
- Your
Contributions do not violate any applicable law, regulation, or
rule.
- Your
Contributions do not violate the privacy or publicity rights of any
third party.
- Your
Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being
of minors.
- Your
Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical
handicap.
- Your
Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any
use of the Services in violation of the foregoing violates these
Legal Terms and may result in, among other things, termination or
suspension of your rights to use the Services.
You and
Services agree that we may access, store, process, and use any information and
personal data that you provide following the
terms of the Privacy Policy and your
choices (including settings).
By submitting
suggestions or other feedback regarding the Services, you agree that we can use and share
such feedback for any purpose without compensation to you.
We do not assert
any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Services. You are solely responsible for
your Contributions to the Services and you expressly agree to exonerate us from any and
all responsibility and to refrain from any legal action against us regarding your
Contributions.
10.
MOBILE APPLICATION LICENSE
Use License
If you access the
Services via the App, then we grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the App on wireless electronic devices owned or
controlled by you, and to access and use the App on such devices strictly in accordance
with the terms and conditions of this mobile application
license contained in these Legal
Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse
engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make
any modification, adaptation, improvement, enhancement, translation, or derivative work
from the App; (3) violate any applicable laws, rules, or regulations in connection with
your access or use of the App; (4) remove, alter, or obscure any proprietary notice
(including any notice of copyright or trademark) posted by us or the licensors of the App;
(5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose
for which it is not designed or intended; (6) make the App available over a network or
other environment permitting access or use by multiple devices or users at the same time;
(7) use the App for creating a product, service, or software that is, directly or
indirectly, competitive with or in any way a substitute for the App; (8) use the App to
send automated queries to any website or to send any unsolicited commercial email; or (9)
use any proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the App.
Apple and
Android Devices
The following
terms apply when you use the App obtained from either the Apple Store or Google Play (each
an "App Distributor") to access the Services: (1) the license
granted to you for our App is limited to a non-transferable
license to use the application on a
device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth in the applicable
App Distributor’s terms of service; (2) we are responsible for providing any maintenance
and support services with respect to the App as specified in the terms and conditions of
this mobile application license contained in these Legal Terms or as
otherwise required under applicable law, and you acknowledge that each App Distributor has
no obligation whatsoever to furnish any maintenance and support services with respect to
the App; (3) in the event of any failure of the App to conform to any applicable warranty,
you may notify the applicable App Distributor, and the App Distributor, in accordance with
its terms and policies, may refund the purchase price, if any, paid for the App, and to
the maximum extent permitted by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the App; (4) you represent and warrant that
(i) you are not located in a country that is subject to a US government embargo, or that
has been designated by the US government as a
"terrorist supporting" country and (ii) you
are not listed on any US government list of prohibited or restricted parties; (5) you must
comply with applicable third-party terms of agreement when using the App, e.g., if you
have a VoIP application, then you must not be in violation of their wireless data service
agreement when using the App; and (6) you acknowledge and agree that the App Distributors
are third-party beneficiaries of the terms and conditions in this mobile application license
contained in these Legal Terms, and that each App Distributor will have the right (and
will be deemed to have accepted the right) to enforce the terms and conditions in this
mobile application license contained in these Legal Terms against you
as a third-party beneficiary thereof.
11. SOCIAL
MEDIA
As
part of the functionality of the Services, you may link your
account with online accounts you have with third-party service
providers (each such account, a
"Third-Party Account") by either: (1)
providing your Third-Party Account login information through the
Services; or (2) allowing us to access your Third-Party Account, as
is permitted under the applicable terms and conditions that govern
your use of each Third-Party Account.
You represent and warrant that you are entitled to disclose your
Third-Party Account
login information to us and/or grant us access to your Third-Party Account,
without breach by you of any of the terms and conditions that
govern your use of the applicable Third-Party Account,
and without obligating us to pay any fees or making us subject to
any usage limitations imposed by the third-party service provider
of the Third-Party
Account. By granting us access to any Third-Party Accounts,
you understand that (1) we may access, make available, and store
(if applicable) any content that you have provided to and stored
in your Third-Party
Account (the "Social Network
Content") so that it
is available on and through the Services via your account,
including without limitation any friend lists and (2) we may
submit to and receive from your Third-Party Account
additional information to the extent you are notified when you
link your account with the Third-Party Account.
Depending on the Third-Party Accounts
you choose and subject to the privacy settings that you have set
in such Third-Party
Accounts, personally identifiable information that you post to
your Third-Party
Accounts may be available on and through your account on the
Services. Please note that if a Third-Party Account or
associated service becomes unavailable or our access to such Third-Party Account is
terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the
Services. You will have the ability to disable the connection
between your account on the Services and your Third-Party Accounts at
any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY
SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS
GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social Network Content
for any purpose, including but not limited to, for accuracy,
legality, or non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree that we may
access your email address book associated with a Third-Party Account and
your contacts list stored on your mobile device or tablet computer
solely for purposes of identifying and informing you of those
contacts who have also registered to use the Services. You can
deactivate the connection between the Services and your Third-Party Account by
contacting us using the contact information below or through your
account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such
Third-Party Account,
except the username and profile picture that become associated
with your account.
12. THIRD-PARTY
WEBSITES AND CONTENT
The Services may
contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video, information, applications, software, and
other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available
through, or installed from the Services, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Services and access the
Third-Party Websites or to use or install any
Third-Party Content, you do so at your own
risk, and you should be aware these Legal Terms no longer govern. You should review the
applicable terms and policies, including privacy and data gathering practices, of any
website to which you navigate from the Services or relating to any applications you use or
install from the Services. Any purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility whatsoever in relation to
such purchases which are exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us blameless from any losses sustained by you or harm caused
to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
13. SERVICES
MANAGEMENT
We reserve the right,
but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2)
take appropriate legal action against anyone who, in our sole discretion, violates the law or
these Legal Terms, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to,
limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice,
or liability, to remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of the Services.
14. PRIVACY
POLICY
We care about
data privacy and security. Please review our Privacy Policy: https://api.drop.fish/privacy
. By using the Services, you agree to be bound by our Privacy Policy, which
is incorporated into these Legal Terms. Please be advised the Services are hosted in
France
and United States
. If you access the Services from any other
region of the world with laws or other requirements governing personal data collection,
use, or disclosure that differ from applicable laws in
France
and United States
, then through your continued use of the
Services, you are transferring your data to
France
and United States
, and you expressly consent to have your
data transferred to and processed in
France
and United States
.
15. TERM
AND TERMINATION
These Legal Terms
shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY
OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS
AND INTERRUPTIONS
We reserve the
right to change, modify, or remove the contents of the Services at any time or for any
reason at our sole discretion without notice. However, we have no obligation to update any
information on our Services. We will not be liable to
you or any third party for any modification, price change, suspension, or discontinuance
of the Services.
We cannot
guarantee the Services will be available at all times. We may experience hardware,
software, or other problems or need to perform maintenance related to the Services,
resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or for any
reason without notice to you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Services during any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate us to maintain and support the Services or to supply any corrections, updates,
or releases in connection therewith.
17. GOVERNING
LAW
These Legal Terms
are governed by and interpreted following the laws of
France
, and the use of the United Nations Convention of Contracts for the International
Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are
a consumer, you additionally possess the protection provided to you by obligatory
provisions of the law in your country to residence. Sherpa SAS
and yourself both agree to submit to the non-exclusive jurisdiction of the courts of __________, which means that you may make a claim to defend
your consumer protection rights in regards to these Legal Terms in
France
, or in the EU country in which you reside.
18. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a
"Dispute" and collectively, the "Disputes"
) brought by either you or us (individually, a
"Party" and collectively, the "Parties"),
the Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least ninety (90)
days before initiating arbitration. Such informal negotiations commence upon written
notice from one Party to the other Party.
Binding Arbitration
Any
dispute arising from the relationships between the Parties to these Legal Terms shall be
determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal
Rules of the European Court of Arbitration being part of the European Centre of Arbitration
having its seat in Strasbourg, and which are in force at the time the application for
arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of
arbitration shall be
Marseille,
France
. The language of the proceedings shall be
French. Applicable rules of substantive law shall be the law of
France
.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no
right or authority for any Dispute to be brought in a purported representative capacity on
behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject
to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes
seeking to enforce or protect, or concerning the validity of, any of the intellectual property
rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If
this provision is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be illegal or
unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
19. CORRECTIONS
There
may be information on the Services that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
20.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR
ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY
ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR
ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
21. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR
ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED
TO
THE LESSER OF THE AMOUNT PAID,
IF ANY, BY YOU TO US
DURING
THE
three (3) MONTH
PERIOD PRIOR TO ANY CAUSE OF
ACTION ARISING
OR
$1,000.00 USD
.
CERTAIN US STATE LAWS
AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and
warranties set forth in these Legal Terms; (4) your violation of the rights of a
third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other
user of the Services with whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defense
and control of any matter for which you are required to indemnify us, and you
agree to cooperate, at your expense, with our
defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
23. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services.
Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
24. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive
electronic communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the Services,
satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO
THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which require an
original signature or delivery or retention of non-electronic records, or to payments or
the granting of credits by any means other than electronic means.
25. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating
rules posted by us on the Services or in respect to the Services constitute the entire
agreement and understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of such right or
provision. These Legal Terms operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of a provision of these Legal
Terms is determined to be unlawful, void, or unenforceable, that provision or part of the
provision is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership,
employment or agency relationship created between you and us as a result of these Legal
Terms or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all defenses
you may have based on the electronic form of these Legal Terms and the lack of signing by
the parties hereto to execute these Legal Terms.
27. CONTACT
US
In order to resolve a complaint regarding the
Services or to receive further information regarding use of the Services, please contact
us at:
Sherpa SAS
37 D Rue Saint-Sébastien
Marseille
, Bouches-du-Rhône
13006
France
legal@drop.fish