Terms & Condition

Terms and Conditions

This Terms and Conditions agreement serves as a legal contract between The Company (Upcoming Drop) and the entities that access Our Service. Therefore, please read the following Terms and Conditions carefully before accessing or using Our Service.

Interpretation and Definitions

Interpretation

To better understand the Terms and Conditions agreement, we have defined a few commonly used terms in the contract. The defined terms have the same meaning irrespective of singular or plural.

Definitions

Here is the definition of some of the terms commonly used in the agreement:

  • Affiliate signifies an entity that controls, is controlled by, or is under common control with a party. Here, the word "control" means to have equivalent to 50% or more share ownership (majority shareholder), equity interest, or other securities having the right to vote for the election of directors or other managing authority.
  • The term Accountsignifies an individual account created to completely/ partially access Our Service.
  • Country refers to:
  • Company(also mentioned as 'We', 'Us', 'Our', the Company in the Agreement) refers to registered Company 'Upcoming Drop'.
  • Contentrefers to any media or textual information that can be posted, uploaded, linked, or made accessible to You, not limited to any content type.
  • Devicerefers to any device that is being used to access Our Service. For instance: Computer, Cellphone or Tablet.
  • Servicemeans the Service we offer on our platform (website).
  • Terms and Conditions, also known as Terms of Service, signify these terms and conditions that collectively form the whole Agreement between You and Our Company regarding the usage of Our Service.
  • Third-Party Social Media Servicesrefers to any of our offerings or Content (that also comprises data, information, products, or services) offered by a third-party that may be displayed, incorporated, or made accessible through the Service.
  • Websitehere signifies to Upcoming Drop, accessible from https://www.upcomingdrop.net
  • You refer to the person or an individual who access/utilizes our Service on behalf of a company or legal entity.

Acknowledgment

We've drafted these Terms and Conditions that govern the usage of Our Service and the contract operating between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding Service usage.

Your accessibility and the usage of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. The Terms and Conditions as described on this page apply to all visitors, users, and other entities accessing or using the Service.

While You access or utilize Our Service, You acknowledge being bound by these Terms and Conditions. You may not access the Service if you disagree with any part of the Terms and Conditions.

To use the Service, You need to be over the age of 18; Company doesn't allow accessing the Service for those under the age of 18.

Your accessing and usage of the Service is likewise conditional and depends on Your acceptance and compliance with the Company's Privacy Policy. Our Privacy Policy portrays Our policies and processes on collection, usage, and disclosure of Your data while You utilize the Application or the Website. The Privacy Policy also mentions Your privacy rights and how the law protects You. Please make sure that you read Our Privacy Policy before utilizing Our Service.

User Accounts

When You create an account on our website, offer us precise, complete, and current information at all times. Failure in doing constitutes a breach of the Terms and may result in account termination immediately.

You are liable for securing the credentials you use for accessing the Services or for any activities or actions under Your Password regardless of the Password is with Our Service or a Third-Party Social Media Service.

You consent not to reveal Your credentials to any third party. If You discover a security breach or illegitimate use of Your account, You should immediately notify Us.

You must not use a username or the name of another person or entity or the name that law restricts, such as a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization or a name that is otherwise offensive, vulgar or profane.

Content

Your Right to Post Content

Our Service allows posting Content. You are liable for each Content you post to the Service, including its legality, reliability, and appropriateness.

When You post Content to Our Service, You offer Us the right and license to utilize, do modifications, publicly perform, publicly showcase, replicate, and distribute such Content on and through the Service. You reserve any and all of Your rights to any of the Content You submit, post, or show on or through the Service, and You are liable to secure those rights. By agreeing to Terms and Conditions, You agree that this license incorporates the right for Us to make Your Content accessible to other users of the Service, who may likewise utilize Your Content Subject to these Terms.

You represent and affirm that the Content You post on or through the Service:

  1. Is Yours (You own it) or have the right to utilize it and offer Us the rights and license as stated in these Terms, and

Posting Content through the Service doesn't breach the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

Content Restrictions

The Company isn't liable for the Content of the Service's users. You understand, and consent to this Agreement that You are responsible for any content or activity carried out from your account, regardless of whether you or any third person utilizing Your account.

You must not share or post any illegal, offensive, disappointing, threatening, disgusting, profane, defaming, or objectionable Content.

Objectionable Content consists of, however, is not limited to the following:

  • Illegal or promotes illegitimate activity
  • Discriminatory, defamatory, or mean-spirited Content includes references or commentary about race, religion, sexual orientation, national/ethnic origin, gender, or other targeted groups.
  • Content that contains or installs any viruses, worms, malware, Trojan horses, or any such content crafted to damage or restrict the functionality of any software, hardware, or telecommunications equipment or get illegitimate access to any data or information of the third person.
  • Breaching the proprietary rights of any party that includes the patent, trademark, copyright, trade secret, publicity right, or any other rights.
  • Imitating any person or entity, including the Company and its staff or representatives.
  • Breaking third person's privacy
  • Providing false information and features.

The Company reserves the right (but shall have no obligation), in its sole discretion, to identify if or not the Content is appropriate and complies in accordance with the Terms, refuse or remove this Content. The Company also reserves the right to edit the Content. Additionally, the Company can restrict or withdraw your service usage if you post any objectionable Content. As the Company can't moderate each and every Content posted by users or the third parties on the Service, you agree to use the Service at your own risk.

You acknowledge that you may be exposed to the Content that you may find offensive, inappropriate, inaccurate, or objectionable. You agree that under no cases will the Company be responsible in any way for any content that includes any errors or deletions in any content or any loss or any damage incurred due to usage of any content.

Content Backups

Though we perform Content backups at regular intervals, we can't assure zero data loss or no data corruption.

Corrupt backup points may be generated due to the data already corrupt before the backup or any modifications during the backup process.

The Company will offer support and try to resolve any known or identified issues that may impact the backups of the Content. However, You understand that the Company has no responsibility regarding the Content integrity or failure in restoring the Content.

You consent to maintain a comprehensive and meticulous copy of Content safely.

Copyright Policy

Intellectual Property Infringement

The Company honours the intellectual property rights of others. Therefore, as per Our Policy, we promptly reply to any claims that the Content posted on the website violates any copyright or intellectual property of any person or individual.

If you're a copyright owner or authorized to act on behalf of one, you can report alleged copyright infringement on our email address: [email protected]

If you falsely claim Copyright infringement for any content on the Service, you will be liable to pay damage (including costs and attorneys' fees).

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

Suppose you wish to file a copyright infringement. In that case, You may submit a notice in accordance with the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for additional information):

  • A digital or physical signature of the copyright owner or an agent authorized to act on their behalf.
  • Comprehensively describe the copyrighted Content that you are trying to protect.
  • Provide the URL of the copyrighted work.
  • Provide your address, telephone number, and email address.
  • Include a statement that You have a good faith belief that the use of the material in the manner complained of isn't authorized by the copyright owner, its agent, or the law.
  • Include another statement that the information provided in the notification is accurate and under penalty of perjury; you are the copyright owner or have the authority to act on behalf of one.

Meanwhile, You can reach out to our copyright agent through an email at [email protected]; On receiving the notification, the Company will investigate the matter and take necessary action, including the removal of Content from its Service when it seems appropriate.

Links to Other Websites

Our website may have links pointing to third-party websites or services for which the Company doesn't have any ownership or control.

Additionally, the Company has no authority over and holds no responsibility for the third-party websites or services' privacy policies, Content, or practices. By accepting our Terms and Conditions, you consent that the Company in no way should be held liable directly or indirectly for any of the loss or damage alleged to be caused due to the use of or depending on Content or services available through such third party sites or services.

It is advisable that you carefully read the terms and conditions as well as the privacy policies of any such third-party websites or services.

Account Termination

Upcoming Drop reserves the right to instantly terminate or suspend Your Account without prior notice if you violate these Terms and Conditions.

On termination of Your account, the Company will restrict accessing the services indefinitely. If You would like to terminate Your Account, You may stop using the Service.

Limitation of Liability

Despite any damages that You may suffer or incur, the full responsibility of the Company and any of its suppliers under any condition of this Terms and Your exclusive remedy for all of the preceding shall be limited to the amount you paid via the Service or 100 USD if You haven't bought anything via the Service.

To the full extent as permissible by the applicable law, the Company or its suppliers should not be held responsible for any incidental, special, indirect, or consequential damages no matter what (including but not confined to damages for losing your profits, data loss, for business interruption, for personal injury, privacy loss caused or associated with the use or not able to use the Service, third-party hardware or software used with the Service or Connected with any conditions of this Terms), even in cases where the Company or any of its supplier has been advised regarding the probability of such damages and even if the solution fails.

A few states do not permit excluding implied warranties or limitation of liability for incidental or consequential damages; this signifies that some of the regulations mentioned above may not be applicable. So, each party's liability will be restricted to the max extent permissible by the law in these states.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is offered to You "AS IS" and "AS AVAILABLE" with all flaws and defects without warranty of any kind. To the greatest extent as permissible by the applicable law, the Company, on its part and the part of its Affiliates and its and their corresponding licensors and service providers disclaims all warranties, whether express, implied, statutory, or otherwise, concerning the Service, that includes all implied warranties of merchantability, fitness for a specific purpose, title and non-infringement, and warranties that may arise out of a course of dealing, course of performance, usage or trade practice. Without limitation to the preceding, the Company offers no warranty or undertaking and makes no declaration whatsoever that the Service will suffice your requirements, fulfil any planned results, be compatible with any other software, applications, systems, or services, operate without any disruption, meets any performance or reliability standards or be wholly error-free or any of the errors or flaws can or will be rectified.

Without restricting the preceding, neither the Company nor any of the Company's providers make any illustration or warranty of any kind, expresses, or indicates:

  1. Regarding the Operation or accessibility of the Service or information/details, Content, and materials or products incorporated afterward
  2. The Service offered will be Interruption-less or be error-free
  3. Regarding the accuracy, reliability, the currency of any data or Content offered via the Service.
  4. The Services, its servers, contents, or emails from the Company or on its behalf are free of scripts, viruses, Trojan horses, malware, worms, time bombs, or other components that can prove to be harmful.

A few jurisdictions do not permit excluding specific warranties or limitations as per a consumer's statutory rights; therefore, a few or all of the exclusions and limitations mentioned above may not apply to You. In this case, the exclusions and limitations stated in this section will apply to the max extensible as permissible under applicable law.

Governing Law

The laws of the Country, excluding the part where the law rules contradict, shall regulate these Terms and Your use of the Services. Our Application or Service usage may depend on other local, state, national, or international laws.

Disputes Resolution

In case of any concern or dispute regarding the Service, You consent to initially attempt to fix the issue informally by contacting the Company.

For European Union (E.U.) Users

If You are one of the European Union consumers, you will benefit from any obligatory provisions of the Country's law in which you are resident.

The United States Legal Compliance

You affirm and warrant that:

  1. You are not located in a country that subjected to a U.S. government embargo
  2. You are not located in a country that the U.S. government assigned as a terrorist-supporting country
  3. You are not on the United States government list of forbidden or restricted parties.

Severability and Waiver

Severability

If any of the provisions of the stated Terms is void or is not applicable, in that case, the provision will be modified and clarified to fulfill the objectives of such max extent as feasible under the applicable law, and the remainder of the provisions will be applicable and effective in full force.

Waiver

Except as otherwise provided for in this Agreement, failing to exercise a right or to require performance of an obligation under this Terms shall not impact a party's ability to exercise such right or require such performance at any time thereon; nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

The Company initially drafted the Terms and Conditions agreement in English; if any other translated versions are made available to You in the future, then the English version shall prevail in the event of a dispute.

Changes to These Terms and Conditions

The Company, at its discretion, reserve the right to modify or replace these Terms at any point in time. It will be Our sole discretion to determine what constitutes a material change. If we decide to revise the Terms and Conditions, we will offer a 30-day notice before the new Terms are made effective.

Contact Us

If you have any confusions or queries regarding these Terms and Conditions, You may contact us at the following email: [email protected]