D-Drops Terms of Use
Terms and Conditions
Welcome! We are glad to have you join us in our quest to take over the world with real-world treasure hunts. However, before we can embark on this journey together, we must agree on some terms and conditions. These terms and conditions are described in the subsequent parts of this document and apply to all our apps and services.
Henceforth, the terms and conditions as laid out in this document are referred to as “the Terms.” Lost Dutchman Labs B.V. is referred to as “the Labs” or “we,” and our apps and services are referred to as “services.” These Terms are entered into between you and Lost Dutchman Labs B.V.
By using our services, you agree to our Terms. If you don’t agree to the Terms, you may not use our services. The Terms described in this document are subject to change at any time. If any changes are made to the Terms, we will notify you by sending an email with the new Terms to the email address you provided during the sign-up process. Any newly added or modified terms take immediate effect. It is important to always read the new or modified terms before continuing to use our services. If you continue to use our services, you agree to the modified Terms. If you do not agree to the new Terms, you may not use our services.
1. Who May Use the App and Services
D-Drops provides its services exclusively to adults. An adult is a person above the age of 18 years. By accepting our Terms of Service, you confirm that you are an adult.
You must not be a current resident of the United States of America, China (Mainland), Cuba, Crimea and Sevastopol, Iran, Afghanistan, Syria, North Korea, Antigua and Barbuda, Hong Kong, Thailand, Malaysia, India, or Canada (Ontario).
By using the App or the Services, you represent and warrant that your access to and use of the App and Services is lawful in your country of residence in the manner in which you access and use them.
2. Use of the Services
Cheating
Any form of cheating is prohibited. Suspected cheating will be addressed within the limits of the law. Measures include, but are not limited to:
Account termination
Loss of digital in-game assets and/or currencies
Lifetime ban from using our services
Cheating includes, but is not limited to:
Accessing services in an unauthorized manner, including using modified or unofficial third-party software
Using any techniques to alter or falsify a device’s location
Safety
While using our services, always be aware of your surroundings and prioritize your safety and that of others around you. Using our services is at your own risk. Do not violate any applicable law, regulation, or event policies, and do not encourage or enable others to do so.
3. Account Suspensions or Termination
The Labs may suspend or terminate your access to and use of the services at our sole discretion, at any time, and without notice to you, including if you fail to comply with the Terms or if we suspect any unlawful activity associated with your in-game account.
4. Limited License to User
Subject to your compliance with these Terms, the Labs grants you a limited, nonexclusive, nontransferable, non-sublicensable license to download and install a copy of the Apps on a mobile device and to run such copy solely for your own personal, non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not:
Copy, modify, or create derivative works based on the Apps
Distribute, transfer, sublicense, lease, lend, or rent the Apps to any third party
Reverse engineer, decompile, or disassemble the Apps
Make the functionality of the Apps available to multiple users through any means
The Labs reserves all rights in and to the Apps not expressly granted to you under these Terms.
5. Rights Granted by You to the Labs
By making any User Content available through the services, you grant the Labs a nonexclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including any extension thereof) to use, copy, modify, create derivative works based upon, publicly display, publicly perform, market, promote, and distribute your User Content in connection with operating and providing the services and content to you and others.
By accepting these Terms, you allow the Labs to benefit freely from the above rights, including but not limited to:
The right to reproduce User Content by any means and in any form
The right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content), in return for payment or free of charge, by any means or process known or unknown at the present time, including via Internet, pay-per-view, pay-per-play, theatrical or television broadcasting, DVD, and print
The right to use the User Content for demonstration, promotion, and advertising for all the Labs' services
The right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either as it stands or modified by the Labs or any outside party of its choice
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or have all rights necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the services, nor any use of your User Content by the Labs on or through the services will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation. To the extent permitted by applicable law, you also agree not to exercise your moral rights (or equivalent rights under applicable laws), such as your right to be identified as the author of any of the User Content, against the Labs or any third party designated by the Labs.
6. Limitation of Liability
To the extent permitted under applicable law, neither the Labs nor any other party involved in creating, producing, or delivering the services or content will be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute services, arising out of or in connection with these Terms, the use or inability to use the services or content, or from any communications, interactions, or meetings with other users of the services or persons with whom you communicate or interact as a result of your use of the services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not the Labs has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
To the extent permitted under applicable law, in no event will the Labs' total liability arising out of or in connection with these Terms, an event, or the use of or inability to use the services or content exceed one thousand dollars ($1,000), or, if contracting with the Labs International Limited, one thousand pounds (£1,000). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Labs and you.
7. Dispute Resolution
You agree that disputes between you and the Labs will be resolved by binding, individual arbitration, and you waive your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. This notice does not apply:
If you are a resident of the EEA or any jurisdiction that does not allow this arbitration agreement
If you opt out of arbitration
To certain types of disputes described in Section 13.1, “Arbitration,” below.
More details on the arbitration process can be found [here/link].
8. Private Keys
When you create an account in the D-Drops app, a new Ethereum account is generated for you. The private key of this account is securely stored on your device. The Labs has no way of retrieving or restoring your private key. You are encouraged to access the private key through your device, write it down on a piece of paper, and store it safely.
In the event of loss of funds, the Labs is not responsible and is not obliged to refund the customer in any way.
9. Currency and Loot or Prizes
The ownership conditions of digital currency and other prizes such as tickets, coupons, and physical items are described below.
Any digital currency and/or other digital assets earned through the D-Drops app by playing the game are the property of D-Drops up until the moment they leave the in-app wallet. No ownership rights are granted to the user up until this moment.
D-Drops is not responsible for any loss of funds and/or loss of other digital assets that may occur due to in-app wallet errors, human error (e.g., losing one’s phone, funds being stolen), or software errors.
10. Where Does the Money Come From?
All prizes, digital or physical, are funded by our treasure wallet. Through our business model, we generate revenue, and a portion of this revenue is used to fill the treasure wallet.
11. Updates and Communication
You will be notified of any changes to these Terms via email. The most up-to-date version of the Terms can always be found [here/link].
**
Safety Guidelines**
Always be aware of your surroundings and avoid dangerous areas.
Do not trespass on private property.
Use the app in well-lit, safe environments, especially when hunting at night.
13. Example Scenarios
Including a few hypothetical scenarios could help users understand how the terms apply in real-world situations, especially regarding cheating, account suspension, and content rights.
14. Linked Sites
The App may contain links to other apps or websites (Linked Sites), which are not operated by the Company. The Company has no control over the Linked Sites, makes no warranties or representations in relation to the Linked Sites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each respective Linked Site.
15. Disclaimer of Representations and Warranties
TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE APP’S OR SERVICES’ ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.
16. User Representations and Warranties
In becoming a user of the App and the Services, you represent and warrant that all of the following statements are true:
No physician or general practitioner has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician or general practitioner
You have never felt chest pain when engaging in physical activity
You have not experienced chest pain when not engaged in physical activity at any time within the past month
You have never lost your balance because of dizziness and you have never lost consciousness
You do not have a bone or joint problem that could be made worse by a change in your physical activity
Your physician or general practitioner is not currently prescribing medication for your blood pressure or heart condition
You do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems
You do not know of any other reason you should not exercise
17. Prohibitions
You must not misuse this App or the Services. This means that you must not (among other things):
Commit or encourage a criminal offense
Transmit or distribute a virus, trojan, worm, logic bomb, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene
Hack into any aspect of the App or the Services, corrupt data, or cause annoyance to other users
Infringe upon the rights of any other person's proprietary rights
Send any unsolicited advertising or promotional material, commonly referred to as “spam”
Attempt to affect the performance or functionality of any computer facilities of or accessed through this App or the Services
Use an emulator or similar third-party software to cheat in accumulating benefits or gain an advantage
Make false, inaccurate, misleading, or deceptive representations
Engage in fraudulent conduct or abuse, misuse, or attempt to abuse or misuse the App or the Services
Submit any content that contravenes any laws
Infringe on the rights of any person who has a copyright, patent, trademark, or any other form of intellectual property right, confidentiality, or privacy
Contravene any applicable state, federal, or international law or regulation
Engage in defamatory or libelous conduct towards any other person
Threaten or harass any other person
Publish or engage in obscene material that in the Company’s sole discretion, is in any way inappropriate or unsuitable for the platform
Publish or participate in publishing any malicious code, script, or data that may cause harm, damage, or interfere with or modify the App or the Services without the express prior written consent from the Company
Engage in conduct deemed contrary to the spirit of the App or the Services as determined by the Company in its sole discretion
You agree that except as these Terms of Use expressly provide otherwise, we do not need to notify you in advance or give you any reasons for any action we may take in connection with your misuse of the App or the Services, including suspending or canceling your access to the App and the Services.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this App or to your downloading of any material posted on it, or on any Linked Sites.
We are not liable for any loss of tokens or assets incurred as a result of the suspension or cancellation of your access to the App and the Services.
18. Intellectual Property, Software, and Content
The intellectual property rights in all software and content (including images) made available to you on or through the App or the Services remain the property of the Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by the Company and its licensors. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the App or through the Services nor may you use any such content in connection with any business or commercial enterprise. You must not use the Company’s trademarks (including names and logos) in any circumstances (including by linking on websites or social media) without the Company’s prior written consent.
You grant to the Company a non-exclusive, irrevocable, global license (including the right to sublicense to third parties) to exercise the intellectual property rights in any content you submit through the App or the Services for any purpose.
19. Disclaimer of Liability
Subject to clause 19(d), any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law or equivalent consumer protection law, the material displayed on the App or through the Services is provided without any guarantees, conditions, or warranties as to its accuracy.
Subject to clause 19(d), to the fullest extent permitted by law the Company hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law, or the law of equity and is not liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, non-value or diminution in the value of tokens, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of the App, the Services or the Linked Sites and any materials posted on those apps or sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
This does not affect the Company's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
If the Australian Consumer Law or any other legislation provides that there is a guarantee in respect of goods or services supplied, and the Company’s liability for failure to comply with that guarantee may not be excluded but may be limited, clauses 19(a) and 19(b) do not apply to that liability and instead the Company’s liability for such failure is limited to:
In the case of a supply of goods, the Company replaces the goods or supplies equivalent goods or repairs the goods; or
In the case of a supply of services, the Company supplying the services again or paying the cost of having the services supplied again.
20. Linking to the D-Drops Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The D-Drops website must not be framed on any other site, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. You must not create hyperlinks using any of the Company’s logos.
21. Disclaimer as to Ownership of Trademarks, Images of Personalities, and Third-Party Copyright
Except where expressly stated to the contrary all persons (including their names and images), third-party trademarks and content, services, and/or locations featured in the App are in no way associated, linked, or affiliated with the Company and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on the App are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Company.
22. Indemnity
To the maximum extent permitted by law, you are liable for and must indemnify, defend and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates, from any and all liability, loss, damages, costs, or third-party claims (including, but not limited to, legal fees on an indemnity basis), however caused, in connection with:
Your use of the App or the Services
Any user content submitted by you or on your behalf
Any breach of these Terms of Use by you
Any alleged or actual infringement of a third party’s intellectual property rights or other rights in connection with your use of the App or the Services
Any unlawful or negligent act of you or anyone acting
on your behalf
Each indemnity contained in these Terms of Use is a continuing obligation notwithstanding any settlement of account or the occurrence of any other thing, and it is not necessary for the Company to incur expense or make payment before enforcing or making a claim under an indemnity.
23. Variation
The Company retains the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any part of the App.
24. Invalidity
If any part of the Terms of Use are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
25. Force Majeure
The Company will not be in breach of these Terms of Use as a result of, or liable for, any failure or delay in the performance of the Company’s obligations under these Terms of Use to the extent that such failure or delay is wholly or partially caused, directly or indirectly, by any event outside the Company’s reasonable control or any act or omission of you or any third party.
26. Assignment
You must not assign, in whole or in part, or novate your rights and obligations under these Terms of Use without the prior written consent of the Company. The Company may assign its interest under these Terms of Use.
27. Waiver
A right under these Terms of Use may only be waived in writing signed by the party granting the waiver and is effective only to the extent specifically set out in the waiver.
28. Exclusion of Third-Party Rights
Except under clause 27, no person other than the parties to these Terms of Use has any rights under them, nor are they enforceable by any person other than the parties to them.
29. Governing Law and Jurisdiction
These Terms of Use are governed by the law of The Netherlands and you agree to submit to the exclusive jurisdiction of the courts of The Netherlands.
30. Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. The complaint can be directed to hello@ddrops.world.
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