Terms of Service

DropVendor offers various Services to store, share, monetize, purchase, and download digital content, including:

  • a service offering the creation of instant online payment portals through which customers can purchase and receive access to download your content;
  • a service allowing storage, organization, and sharing of content;
  • a service offering online purchase and instant online download access to content;
  • additional features and functionalities.

The Services may be provided to you online, in the form of a mobile and/or desktop application, or may be integrated into a third party service. Your use of any Services provided by DropVendor indicates your acceptance of the following Terms of Use. YOUR USE OF THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF USE.

Overview of Primary Services

DropVendor provides a payment platform to facilitate transactions between a single buyer and single seller. A seller will upload one or more digital files to the DropVendor Service, provide some amount of Descriptive Information to support each piece of content, and assign a Sale Price to each piece of downloadable content. The Seller is then provided with a Publicly Shareable Paid Access Link which can be distributed to the Customer. The Publicly Shareable Paid Access Link will load an instance of the DropVendor "DV Kiosk", which is a digital Point-of-Sale for one individual piece of content, displaying that Descriptive Information and Sale Price provided by the Seller.

The DropVendor "DV Kiosk" includes a Credit Card payment form. When a submitted payment results in successful verification and transaction, the Customer is instantly presented with a clickable link to download the Content. An email will be sent containing this same clickable Download link, to the (required) email address provided by the Customer prior to completing payment through DV Kiosk.

When a Seller uploads content on DropVendor and produces Publicly Shareable Paid Access Links, they are inviting other people to form a contract with them by completing the DV Kiosk payment form. Anybody who completes payment through DV Kiosk is accepting the Seller's offer of the digital content, prior to being able to review it in full, and is forming that contract with the Seller.

DropVendor is not a part of the contract - the contract is a direct legal agreement between the Seller and the Customer who submits payment through DV Kiosk. Here are the terms that govern that agreement:

  • When a payment has successfully transacted through DropVendor, the Buyer is instantly delivered a clickable download link on the DV Kiosk Payment Confirmation page, which loads instantly upon transaction. The buyer is also sent an email containing the same download link.
  • Sellers owe their Buyers a high standard of effort, honest communication, and a dedication to properly representing the content which they are offering for sale through DV Kiosk. At the same time, Buyers must understand that when they submit payment through DV Kiosk to receive access to download the specific digital content, they understand that the content they'll be receiving is offered AS-IS by the Seller.
  • DropVendor is responsible for delivering the content stored by the Seller at the time of a successful Buyer transaction. In the event that a Seller deletes a piece of content from their DropVendor account, then the Publicly Shareable Paid Access Link will no longer be active.
  • DropVendor is not responsible for the correctness, utility, merchantability, or fitness for a specific purpose of any piece of content made accessible through the DV Kiosk Paid Access portal.
  • DropVendor does not provide refunds to Buyers for any reason, including in cases where the quality of any Delivered Content does not meet expectations of Buyer. In any event of a dispute regarding quality of a digital file or contents thereof, the Buyer and Seller will work together to resolve the matter directly.

Content ownership, permissions and responsibility

DropVendor does not claim any ownership of the Content you create, use, store, or share through the Services. You are solely responsible for all content which you upload to, download from, and sell access to through DropVendor. Additionally, you are solely responsible for sharing it with the correct recipients. Any liability for damages relating to the Content lies with the individual that creates, uses, stores and/or shares it within the Services. You acknowledge that downloaded files and/or access links can be forwarded and that recipients having access to such link, can access the Content it’s connected with.

By using the Services you warrant that you have, for any Content you create, use, store or share using the Services, all required permissions (including from copyright and other intellectual property rights owners) to distribute, sub-license, transfer, store and/or make the Content online available as part of the Services. DropVendor is not liable to you or any third party for any damages arising out of or in relation to the Content created, used, stored or shared by you within the Services, including but not limited to, copyright protected works and/or trademarks. DropVendor requires a license from you with regards to the Content for the sole purpose of operating, enabling and improving the Services and to develop new ones. You agree and acknowledge that by using the Services, you grant us an unlimited, nonexclusive, worldwide, royalty-free, sublicensable, transferable and assignable license to use, host, store, scan, search, sort, index, reproduce, communicate, publish, publicly display, distribute and edit (including but not limited to scaling, cropping, adapting, translating and creating previews) the Content until you delete the Content from the Services.

DropVendor does not provide any public search function, catalogue or listing to find Content.

DropVendor may show you ads from advertisers and Sellers selected by DropVendor (such as full-page wallpaper ads on a file download page) when you use the Services. More information on the use of your personal data and cookies is available in our Privacy Policy.

Restrictions

DropVendor respects your rights and expects that you respect those of others, including DropVendor, its Sellers, Buyers, advertisers, and third parties. This includes respecting the right to privacy, corporate intelligence, business secrets and intellectual property rights, such as trademarks, copyrights, trade names and logos. You agree not to use the Services to commit, promote, enable or facilitate any unlawful or criminal acts or breach of these Terms or facilitate or promote others to do so.

As a condition to make use of the Services you agree not to create, use, store or share any Content that:

  • features CSAI (child sexual abuse imagery);
  • is obscene, defamatory, libelous, slanderous, profane, indecent, discriminating, threatening, abusive, harmful, lewd, vulgar, or unlawful;
  • promotes racism, violence or hatred;
  • is factually inaccurate, false, misleading, misrepresenting or deceptive;
  • you don’t hold the rights to;
  • infringes, violates or misappropriates intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
  • infringes on or violates any applicable law or regulation;
  • constitutes ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation, language or another characteristic of such individual or group.

In addition, you agree not to:

  • use the Services if you are under 18 years of age;
  • abuse, harass, stalk, intimidate, threaten, commit violence, or otherwise act unlawful, or encourage anyone else to do so;
  • impersonate or falsely pretend affiliation with any person or entity;
  • access any non-public areas of the Services;
  • interfere with any access or use restrictions;
  • use any data mining or data gathering or extraction methods, or otherwise collect information about the users of the Services;
  • send viruses, worms, malware, ransomware, junk email, spam, chain letters, phishing emails, unsolicited messages, promotions or advertisements of any kind and for any purpose;
  • interfere with, damage or disrupt the Services or act in a way that may do so;
  • attempt to probe, scan, compromise or test the vulnerability of the Services or any related service, system or network or breach any security or authentication;
  • use automated means to access or use the Services without our permission;
  • reverse engineer or decompile any (part) of the Services;
  • resell, sublicence, rent, lease, offer or otherwise commercialize the Services without our permission;
  • allow others to use your account.

Violation of the Terms of Service

DropVendor reserves the right to investigate, provide to third parties, (temporarily) block and/or permanently delete from its servers, without prior notice or liability, any Content and/or accounts or to block anyone from accessing any part of the Services, when DropVendor ascertains, at its sole discretion or after receiving substantiated and valid complaints, that you breach these Terms or act in violation of any applicable law or regulation.

Disclaimer and account registration

DropVendor provides the Services “AS-IS”, without any warranty of any kind. Without limiting the foregoing, DropVendor explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. DropVendor makes no warranty that the Services are available on an uninterrupted, secure or error-free basis. Your use of the Services is at your own risk.

You acknowledge and agree that DropVendor is not responsible for any damages to the computer system or mobile device of you or any third party that result from the use of the Services and is not responsible for any failure of the Services to store, transfer or delete a file or for the corruption or loss of any data, information or Content contained in a file. DropVendor may change, terminate or expand its Services from time to time and reserves the right to limit access to or eliminate any features or functionality of the Services in its own discretion.

Some of the Services require you to register and provide DropVendor with data such as your email address, password and/or payment details. You must ensure that these are accurate and keep them updated wherever listed in your account settings. You are responsible for any activity from or by your account, so you should not share your password and you should protect it carefully. Should registrations or account data appear to be misused, DropVendor reserves the right to deactivate and/or delete the account. DropVendor is not liable for any loss or damage arising from the unauthorized use of your account.

30-days Free Trial Offer Terms and Conditions

This offer (the “Offer”), which is made to you by DropVendor, entitles you access to the DropVendor Service (as defined in these DropVendor Terms of Use herein) for a period of thirty (30) days from the moment that you activate such trial period by submitting your payment details (the “Free Trial Period”). By submitting your payment details, (i) you accept the Offer, (ii) consent to us using your payment details in accordance with our Privacy Policy, (iii) acknowledge and agree to DropVendor Terms of Use and these Offer Terms and Conditions.

If you decide that you do not want to become a paying user of the DropVendor Service, you must cancel your subscription to the Service by contacting DropVendor Support at support@dropvendor.com or by using the Help Center. Otherwise, at the end of your 30-days Free Trial Period, you will automatically become a paying user of the DropVendor Service, and the credit card you provided will automatically be charged the current DropVendor subscription fee every month thereafter, until you cancel your DropVendor Service subscription.

If you wish to cancel your DropVendor Service subscription after the end of your 30-days Free Trial Period, you may do so contacting DropVendor Support at support@dropvendor.com or by using the Help Center. There are no refunds or credits for partial monthly subscriptions. If DropVendor increases the monthly fee in the future, you will receive a notice. Price changes will take effect at the start of the next subscription period following the date of the price change. By continuing to use the DropVendor Service after the price change takes effect, you accept the new price.

You may only use this 30-days Free Trial Offer once. If you have subscribed to the DropVendor Service or have taken a 30-days trial offer previously, you are ineligible for this Offer. The DropVendor service may not be available on certain browsers. Prepaid cards cannot be used for this Offer.

DropVendor reserves the right to earlier terminate this 30-days Free Trial Offer at any time and for any reason. After such time of termination, DropVendor shall not be obligated to redeem any further Offers.

Indemnity and Liability

Except for the Warranty: (a) DropVendor makes no representations, warranties, guarantees or conditions as to quality, correctness, completeness or any other characteristics of files hosted on or downloaded from the DropVendor Service; and (b) all content and use of this site are delivered and accepted in "AS IS" condition. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DropVendor HEREBY DISCLAIMS ALL STATUTORY, EXPRESS, AND IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS OF ANY KIND, WITH RESPECT TO THE DIGITAL CONTENT OR THE SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY OF SERVICE, OR OTHERWISE ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. Without limiting any of the foregoing exclusions, Customer further acknowledges and agrees that digital content hosted on or downloaded from the DropVendor Service is not intended for use in, and the foregoing warranty does not apply to and shall be void if any digital content causes failures, malfunctions or damage as a result of use in the operation of nuclear facilities, aircraft navigation or air traffic control systems, and any digital or communication systems in which a failure thereof could cause death or serious injury or tangible property damage (e.g., emergency or 911 communication systems), medical systems, life support systems, or potentially life critical uses.

IN NO EVENT WILL DropVendor, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT DropVendor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DropVendor OR ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS, UNDER ANY LEGAL OR EQUITABLE THEORY (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR STRICT LIABILITY) FOR ANY (A) CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, BUSINESS, OR SAVINGS; (C) LOSS OF, OR DAMAGE TO, DATA, REPUTATION OR GOODWILL; AND/OR (D) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES. THE AGGREGATE LIABILITY OF DropVendor AND ITS AFFILIATES ARISING UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE FEES PAID BY CUSTOMER FOR THE APPLICABLE PART OR SERVICE ALLEGED TO HAVE CAUSED SUCH DAMAGE. THE FOREGOING LIMITATIONS IN THIS SECTION SHALL APPLY EVEN IF THE REMEDIES PROVIDED FOR IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE, AND EVEN IF DropVendor OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR LOSSES. Customer agrees that the disclaimers, exclusions, and limitations of liability set forth herein are material conditions of these Terms and that the Services and the Content would not be made available, or would be made available on materially different terms, in the absence of these conditions.

You will defend, indemnify and hold harmless DropVendor (including its employees and affiliates) from and against any claims, incidents, liabilities, procedures, damages, losses and expenses (including legal and accounting fees), arising out of or in any way connected with your access to or use of the Services or your breach of these Terms, including any third party claims that Content created, used, stored or shared using the Services by you or through your account, infringe or violate any third party rights.

The Services may provide integration with third-party services. You acknowledge that: (i) DropVendor is not responsible for any acts or omissions of such third-party services; (ii) that DropVendor is not an agent of such third-party services; and (iii) your use of those services is subject to any applicable terms and conditions between you and the providers of such services.

DropVendor is not liable for any damage or personal injury resulting from any use of the Services, including any (temporary) unavailability or (accidental) removal of your Content or account. The limitation of liability referred to in this clause shall not apply if the liability for damage caused by intent or gross negligence on the part of DropVendor. In the event DropVendor is liable for damage under mandatory law, DropVendor’s aggregate liability to you for any and all claims arising out of or in connection with the use of the Services will in no event exceed the amount of one hundred dollars ($100) per incident.

Modifications

These Terms constitute the entire agreement of the parties regarding the subject matter hereof and supersede all prior and contemporaneous statements (written or oral) regarding such subject matter; however, DropVendor reserves the right to modify these Terms, product or service updates, pricing, availability and any other information or feature, at any time by posting the modified terms online without notice, which shall be effective as to any order submitted thereafter. DropVendor also reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, or to change the Terms of Use at any time.

Governing Law

These Terms of Use and your relationship with DropVendor shall be governed by U.S. federal law as well as the internal laws of the State of California, without regard to applicable conflicts of law principles. Any failure by DropVendor to exercise any of its rights hereunder will not constitute a waiver of such right. Your use of this site indicates your agreement to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of California for any disputes or claims regarding these Terms of Use, transactions conducted on these Sites, or any other use of the Sites.

The Parties agree that any claim or dispute under or in connection with these Terms shall be resolved finally and exclusively by, binding, individual arbitration in Los Angeles County, California, pursuant to the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration proceeding shall be conducted in the English language before a single arbitrator appointed by the parties (or by the AAA if the arbitrator is not appointed by the parties within 30 days of notice to arbitrate), and subject to these Terms. USER HEREBY WAIVES ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASSWIDE ARBITRATION, COLLECTIVE ACTION, CONSOLIDATION OF INDIVIDUAL ARBITRATIONS, OR OTHERWISE IN ANY CLAIM BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration.

Contact

You can contact DropVendor at support@dropvendor.com or by using our Help Center if you have any questions.