Terms and conditions
ProDrops Ltd. and its affiliates (“ProDrops”, “we”, “our”, “Company”) welcomes you (the “User(s)”, or “you”) to our website located at https://prodrops.gg (the “Site”) and to our services we provide through the Site and our application ProDrops Desktop App (the “Application”). These Terms (as defined below) govern your use of the Site, the Application and the Services (as defined below).
Agreement to the Terms
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, THEN DO NOT CLICK “I AGREE” OR DOWNLOAD, INSTALL OR USE THE SERVICES.
We may change the Terms from time to time, at our sole discretion and without any notice. All changes to the Terms are effective as of the stated “Last Updated” date and your continued use of the Services after the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes.
ProDrops has developed an add on to the gaming and esports worlds, allowing Users to play popular online games (the “Third Party Games”) and enjoy additional features, including the collection and trading of unique digital collectibles and cards games (the “Collectibles”) and connecting with leading esports gamers and influencers (the “Services”). In order to have access to the Services, you must: (i) create an Account on our Site at https://prodrops.gg/register, as further detailed below; (ii) download our Application on https://www.overwolf.com/app/ProDrops_Ltd.-ProDrops (which a website managed by Overwolf Ltd.’s (“Overwolf”)); and (iii) connect to the Application with your Account details. Your use of Overwolf’s website may be subject to separate terms and conditions, including Overwolf’s terms and conditions, and these Terms do not govern your use of any third party’s application, website or platform.
Access. In the event you wish to use and access the Services, you shall be required to create an Account by providing your email address and determine your personal username and password (“Credentials”) or, alternatively, subscribe through online accounts you may have with third party service providers (such as google, facebook, twitter, twitch.tv) as may be permitted by our Site (“Third Party Account”) by either: (a) providing your Third Party Account login information through the Site; or (b) 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. Credentials and Third Party Account login information shall be defined as “User’s Login Information”.
User may only access and use the Services through its User’s Login Information and is responsible for maintaining the confidentiality of such User’s Login Information. Any instruction, action or activity occurring through any such User’s Login Information, shall be deemed to be provided and/or taken by User, and User shall be responsible for all such activities, including for any unauthorized use of such User’s Login Information.
Use. Subject to your compliance with the Terms, ProDrops hereby grants to you a nonexclusive, revocable, non-assignable, non-transferable, non-sublicensable temporary, limited right to install and use the Services on a single Account for your own personal purpose and use only, unless otherwise specifically authorized by us.
Third Party Components. The Services may use or include third party software, files and components that are subject to open source and/or other third party license terms (“Third Party Components”). A list of such Third Party Components is available in the Site under “Licenses”. Your right to use such Third Party Components as part of, or in connection with, the Services is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Services and ProDrops disclaims all liability related thereto.
Collectibles. As a part of our Services, User may collect or purchase certain Collectibles in Third-Parties Apps’ games or in our Application’s store. Under certain circumstances, as determined by us at our own discretion, it may no longer be possible for us to offer certain Collectibles for collection or purchase. In such a case, we reserve the right to remove certain Collectibles from the Services and to delete Collectibles that have already been collected or purchased by Users. In the case that we removed Collectibles collected by a User, we will replace such removed Collectibles with Collectibles with a similar value, at our own discretion. In case that Collectibles purchased by a User are removed from the Services, our sole obligation and the User’s sole compensation will be a refund of the amount paid by the User for the removed Collectibles, payable in virtual currency into the User’s Account. Accordingly, there can be no assurance that Collectibles offered by us or purchased by a User will be available in the future.
Modifications and Availability
We reserve the right to change, modify, or remove the contents of the Services at any time and for any reason at our sole discretion without notice. We also reserve the right to discontinue all or part of the Services without notice at any time.
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. 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. We are not obliged to maintain and support the Services or to supply any corrections, updates, or releases.
There may be information on the Site or the Application that contain typographical errors, inaccuracies, or omissions that may relate to the Services, 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 at any time, without prior notice.
THE SERVICES ARE INTENDED FOR USERS WHO ARE NOT MINORS. IF YOU ARE A MINOR ACCORDING TO YOUR LEGAL JURISDICTION, YOU ARE NOT PERMITTED TO USE OUR SERVICES NOR TO OPEN AN ACCOUNT.
“MINOR” ACCORDING TO THE EUROPEAN GENERAL DATA PROTECTION REGULATION (“GDPR”) IS A CHILDREN BELOW 16 YEARS OF AGE, AND ACCORDING TO THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT OF 1998 IS A CHILDREN BELOW 13 YEARS OF AGE. THE GDPR, HOWEVER, ALLOWS MEMBER STATES TO LOWER THIS MINIMUM AGE TO 13.
The User is only permitted to use the Services for his own, private purposes (commercial purposes are excluded) and the transfer of the User’s Account to third parties is prohibited.
In particular, the User shall not, by using the Services:
infringe, misappropriate or violate the rights of ProDrops, other Users or third parties (such as, but not limited to, privacy rights, publicity rights, intellectual property rights or other proprietary rights);
share or incite or encourage illegal, obscene, abusive, threatening, harassing, hateful, racist, sexist, homophobic or ethically objectionable content;
make any falsehood, misrepresentation or misleading statement, particularly if such statement is intended to damage the reputation of ProDrops;
distribute illegal, unsolicited or unauthorized communications, such as, without limitation, unauthorized advertising, spam or chain letters;
collect or gather information from other Users in an unauthorized or improper manner; and
directly or indirectly burden, impair or damage ProDrops, its Users or third parties.
Our Services may provide communication channels such as forums, communities, or chat areas, designed to enable you to communicate with other Users. We have no obligation to monitor these communication channels but we may do so and reserve the right to review materials posted on the communication channels and to remove any materials at any time, with or without notice for any reason, at our sole discretion. We may also terminate or suspend your access to any channels at any time, without notice, for any reason, including, but not limited to other User’s complaints concerning your use of obscene words or posting of materials that contain threats or abuses. You acknowledge that chats, postings, or materials posted by Users on the channels are neither endorsed nor controlled by us, and these communications should not be considered reviewed or approved by us. We will not under any circumstances be liable for any activity within communication channels, which are public and thus you have no expectation of privacy regarding your use of communication channels. We are not responsible for information that you choose to share within communication channels.
If not expressly permitted by law, the User may not modify, distribute, copy, decompile, rearrange, publish, reverse engineer, reproduce or prepare derivative works based on the Services (or assist others to do so). Specifically, the User is prohibited from (i) reverse-engineering or otherwise modifying the Services' code (ii) introducing viruses or other malicious software into the Services; (iii) obtaining or granting unauthorized access to the Services to any third party; and (iv) developing and/or providing software or APIs (application programming interface) that function substantially like the Services.
You represent and warrant that: (i) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (ii) you will maintain the accuracy of such information and promptly update such information as necessary; (iii) you will keep your User’s Login Information confidential and will be responsible for all use of your User’s Login Information and Account; (iv) you have the legal capacity and you agree to comply with these Terms; and (v) in accordance with Section ”Use of Restrictions” above, you are not a minor in the jurisdiction in which you reside.
If you know or suspect that anyone other than you knows your User’s Login Information you must promptly modify your User’s Login Information.
If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account. We may reject, remove or change a user name you select if we determine that such user name is inappropriate.
You represent 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 such third party service providers.
By granting us access to any Third Party Account, you understand that (i) 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 Site via your account, including without limitation any friend lists; and (ii) we may submit and receive additional information to your Third Party Account 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 Site. 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 you will not be able to access the Services through such Third Party Account and you will be able to connect to our Services by using the email address associated with such Third Party Account.
You will have the ability to disable the connection between your Account on the Site 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 Site. At your email request to email@example.com or through your account settings (if applicable), we will deactivate the connection between the Site and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your Account.
Payments and Fees
The basic use of our Services is not subject to payment of fees. Notwithstanding the above, if you purchase any of our paid Services (“Premium Services”), you agree to pay us the applicable fees (“Premium Services Fees”). Failure to pay the Premium Services Fees will result in the termination of your Premium Services. In addition, you may purchase certain of our Collectibles through your Account in our Application. Such Collectibles shall be purchased with virtual currency which shall be purchased with “real world money”, in accordance with our conversion rate to be updated from time to time, at our sole discretion. Except as expressly provided in these Terms, payments are nonrefundable.
Also, you agree that: (i) you are solely responsible for any taxes on amounts you may pay or obtain through the Services; (ii) your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates); (iii) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase; and (iv) we will deduct applicable charges and taxes from any payable amounts, as required by law.
We reserve the right to change or adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes will take effect following notice to you.
For the avoidance of doubt, the User understands and agrees that Collectibles do not represent any real economic value and that such Collectibles cannot be transferred or exchanged for “real world money” or other monetary benefits. However, Collectibles may be sold by the User in the Application’ secondary market.
Except as expressly provided in these Terms, the Services, and the Collectibles, including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (“ProDrops’ IP”) are owned or licensed to us, and are protected by copyright and trademark laws.
Except as expressly provided in these Terms, no part of ProDrops’ IP may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site and the Application, you are granted a limited license to access and use the Services and the Collectibles.
In the event that you provide us any suggestions, comments and feedback regarding the Services, you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to freely use, have used, sell, modify, reproduce, transmit, license, sublicense (through multiple tiers of sublicensees), distribute (through multiple tiers of distributors), and otherwise commercialize such feedback in connection with the Services or related technologies.
We reserve the right at our sole discretion, to (i) monitor the Site and your use of the Services for breaches of these Terms; (ii) suspend access to and use of the Services, terminate the use of the Services, and delete the Account of any User in accordance with Section ”Term and Termination” below; (iii) take appropriate legal action against anyone in breach of applicable laws or these Terms; (iv) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (v) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
We use reasonable effort consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and we perform the Services in a professional and workmanlike manner. Without derogating from the foregoing, we do not guarantee that the Services will be secure or free from errors or bugs of any kind.
You are responsible for setup and configuring your computer to access the Site and you should use your own virus protection software.
Disclaimer and Warranties
The information provided by ProDrops on the Site or the Application is for general informational purposes only. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES, AND YOU RELY ON THE SERVICES AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY MATERIAL THROUGH OUR SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES; OR (VI) ANY ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES. EXCEPT YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION ”INDEMNIFICATION” BELOW, UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES FOR THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.
Depending on where you reside and use the Service, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.
To the extent permitted by applicable law, you will indemnify, hold harmless and defend ProDrops and our affiliates, at your expense, from any and all third-party claims, actions, proceedings, and suits brought against ProDrops or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by ProDrops or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of these Terms; (ii) your use of the Services; (iii) your violations of applicable laws, rules or regulations in connection with the Services; (iv) your violation of any representations and warranties; (v) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of the Services; (vi) violations of your obligations of privacy to any third party; and (vii) any claims with respect to acts or omissions of any third party in connection with the Services. ProDrops will provide you with written notice of any claim, suit or action from which you must indemnify us. You will cooperate as fully as reasonably required in the defense of any claim.
Term and Termination
These Terms shall remain in full force and effect while you use the Services. You may terminate your use or participation at any time, for any reason, by deleting your Account, or by contacting us at firstname.lastname@example.org.
Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, suspend access to and use of the Services, terminate the use of the Services, and delete the Account of any User, without warning and in our sole discretion, for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms or of any applicable law or regulation.
If we terminate or suspend your Account for any reason set out in this Section, you are prohibited from registering and creating a new Account under any name, 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.
Visiting the Site, 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 Site, 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 Site. 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 other than electronic means.
These Terms and any policies or operating rules posted by us on the Site 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 Terms shall not operate as a waiver of such right or provision.
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 Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these 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 Terms or use of the Site or Services.
These Terms and any claim arising therefrom will be governed by and interpreted in accordance with the laws of the State of Israel, without regard to conflicts of laws and principles. Any and all actions brought to enforce or resolve any dispute arising out these Terms must be brought exclusively in courts having jurisdiction in Tel-Aviv-Jaffa, Israel and each party hereby consents to and agrees to submit to the exclusive personal jurisdiction and venue of such courts.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at email@example.com.