This Agreement sets forth the terms and conditions for your use of the Dropzone.com suite of websites and the services and features available to Premier Membership Subscribers. Your use of these sites and services constitutes your agreement to these terms and conditions. This Agreement (the "Agreement") is between you and Dropzone.com.

  1. Your Rights.

    Dropzone.com grants you a non-exclusive, non-transferable, limited right to access, use and display the Dropzone.com suite of websites (collectively, the "Site") and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use.
     

  2. Fee-Based Service Charges.

    Certain features of this site are available only through the purchase of a site Premier Mmbership subscription ("Fee-Based Services").
  3. No-Commercialization Policy.

    You agree to use the Site, Forums and Fee-Based Services only in a noncommercial manner and in compliance with Dropzone.com's No-Commercialization Policy. Additionally, you specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation any Forum) any material containing any solicitation of funds, advertising or solicitation for goods or services except those explicitly permitted by Dropzone.com.
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  5. Copyright and Trademarks.

    All original materials on the Site, including without limitation text, images, software, audio and video clips, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by Dropzone.com, which retains all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws. You may not display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of Dropzone.com.

    By publishing or submitting any content including, articles, stories, postings and photographs to any part of Dropzone.com you give permission that such content may be used at the sole discretion of Dropzone.com anywhere else on the site, for any purpose, in its original or edited form, at any time in the future. Content will not be sold without permission of the original author or owner.

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  7. Public Communications.

    You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that you have no expectation of privacy in any public Communication and that no confidential, fiduciary, contractually implied or other relationship is created between you and Dropzone.com by reason of your transmitting a public Communication to any area of the Site.
  8. Privacy Policy.

    The terms and conditions of Dropzone.com's privacy policy are set out in the section labeled "Privacy" on the site and (as they may be changed by Dropzone.com in its discretion) are incorporated herein and included in this agreement. Dropzone.com will not divulge your details to a third party for commercial advertising reasons.
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  10. Links to Other Sites.

    The Site contains links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by Dropzone.com or its Affiliates of any third-party site or any materials contained therein. Dropzone.com and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
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  12. Ability to comply.

    You represent and warrant to Dropzone.com that you are of right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
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  14. Financial responsibility.

    You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account.
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  16. Indemnification.

    You hereby agree to indemnify, defend and hold harmless Dropzone.com and its Affiliates from and against any and all liability and costs incurred by Dropzone.com or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein.
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  18. DISCLAIMER OF WARRANTY.
    EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, FEE-BASED SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DROPZONE.COM AND ITS AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY DROPZONE.COM. DROPZONE.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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  20. LIMITATION OF LIABILITY.
    USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL DROPZONE.COM OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR DROPZONE.COM OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF DROPZONE.COM, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF DROPZONE.COM AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE DROPZONE.COM AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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  22. Termination.

    In addition to any other rights of the parties set forth herein, either you or Dropzone.com may cancel or terminate this Agreement at any time in accordance with the Section 2.b. Dropzone.com also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement, or for any behavior covered in the Forum Rules. If Dropzone.com terminates this Agreement based on a breach of any portion of this Agreement, Dropzone.com reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.
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  24. Modifications.

      (a) To the Agreement.
      Dropzone.com has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).

      (b) To the Site.
      Dropzone.com has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. Dropzone.com may also impose limits on certain features and services or restrict your access to parts or all of the Dropzone.com Site without notice or liability.

       

  25. General.

    This Agreement constitutes the entire agreement between you and Dropzone.com with respect to the Site and the Fee-Based Services and supersedes all prior agreements between you and Dropzone.com. Failure by Dropzone.com to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the United Kingdom. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.