D-Drops Terms of Use
DDROPS is a Web3 lifestyle app (App) launched by Lost Dutchman Labs B.V. (Company). Users of the App can accumulate tokens by searching for treasures in the application.
Access to, and use of, the App and the services available through the App (Services) are subject to the following terms, conditions, and notices (Terms of Use). By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use.
1. Amendments to Terms of Use
The Company reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the App or through the Services. Your continued use of the App and the Services following such notification will represent an agreement by you to be bound by the Terms of Use as amended.
2. Who may use the App?
You must be at least 18 years old, or the age of legal majority in your jurisdiction of residence, to access the App and the Services. As a user, you should abide by all safety precautions, including resting, hydrating, and modifying as needed.
The App and the Services are offered only for your personal, non-commercial use. When interacting with the App or the Services, you should exercise caution and common sense to protect your personal safety and health. You agree that the Company is not responsible or liable for any loss, damage, injury, or other matters of any sort incurred as the result of interacting with the App or the Services.
By using the App or the Services you represent and warrant that:
you are not 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); and
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.
3. App
Access to the App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the App.
We may from time to time change the rate at which users accumulate tokens using the App. We may reverse benefits allocated to you if we reasonably consider the circumstances to justify a reversal, for example, if they are allocated to you by mistake or if you accumulated them by misusing the App or the Services or in a way that is fraudulent, dishonest or otherwise unacceptable.
You are responsible for ensuring your security of access to any digital wallet used by you in connection with the App or the Services.
We make no representation and give no warranty that tokens accumulated through the App or the Services will have any particular value or any monetary value at all. You are liable for any loss or diminution value of tokens.
4. 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.
5. Privacy policy
Our privacy policy, which sets out how we will use your personal information, can be found at {PRIVACY POLICY}. By using the App, you consent to our collection, storage, use, and disclosure of your personal information as set out in the privacy policy and warrant that all data provided by you is accurate.
6. 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.
7. 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; and
you do not know of any other reason you should not exercise.
8. 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; or
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.
9. 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.
10. Disclaimer of liability
Subject to clause 10(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 10(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 10(a) and 10(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.
11. 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.
12. 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.
13. 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; or
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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. Exclusion of third party rights
Except under clause 14, 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.
20. 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 Netherland.
21. 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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