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Drop The World Terms of Use

Drop The World, LLC
We strive to provide all visitors with an enjoyable experience during their visit to our Site. We provide blog-to-book formatting and print services allowing our customers the ability to generate a high quality printed version of their stories and photos. This Terms Of Use Agreement is important, please read this Agreement carefully and in its entirety before using droptheworld.com. This is for the protection of our affiliates, suppliers, you and us.

Drop The World, LLC., the owner and operator of droptheworld.com (the "Site"), and its affiliates and suppliers (collectively "DropTheWorld") provide their blog-to-book formatting and print services (the "Services") to you subject to the following conditions. If you visit or purchase at droptheworld.com, you accept these terms and conditions.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms and conditions for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Site) or you are a "Member" (which means that you have registered with Drop The World and set up an Account). The term "User" refers to a Visitor or a Member.

PLEASE READ THESE TERMS CAREFULLY, SINCE YOUR USE OF ANY OF THE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT. WITHOUT LIMITING THE FOREGOING, YOU MUST ACCEPT THESE TERMS BY CHECKING THE BOX BELOW IF YOU WISH TO USE ANY OF DROPTHEWORLD’S SERVICES. IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY DROP THE WORLD.
Privacy
Your privacy is important to us. Drop The World has established a Privacy Policy to explain to you how your information is collected and used. Please take some time to read over and familiarize yourself with Drop The World's Privacy Policy. Your use of the Drop The World Site or the Services signifies acknowledgement of and agreement to our Privacy Policy.

If you reside outside the United States, you understand and agree that Drop The World stores and processes your information on computers located in the United States, and by providing any data to Drop The World, you consent to the transfer of such information to the United States.

You acknowledge and agree that Drop The World may disclose your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, to carry out these Terms, or to protect the rights, property, or personal safety of Drop The World, its employees, Users and third parties, and the public.
License and site access
Drop The World grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify it or any portion of it, except with the express written consent of Drop The World, LLC. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Drop The World, LLC. Any unauthorized use terminates the permission or license granted by Drop The World.
Proprietary Rights
All content included on this site, such as text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is the property of Drop The World, or its subscribers who upload blogs, photos or other media, or its content and software suppliers and is protected by United States and international copyright laws. Drop The World's selection, coordination and arrangement of all content on this site is the exclusive property of Drop The World, and is protected as a compilation by U.S. and international copyright laws. All software used on this site or in conjunction with the Services is the property of Drop The World or its software suppliers and is protected by United States and international copyright laws.
User Registration and Information
We want to make sure that you have correctly completed the information in the User Registration form on the Site ("User Information"). In the event that any of your User Information changes in the future, please be sure to promptly update your User Information on the Site. Remember, it is your responsibility to keep current all of your User Information on the Site.

You will be asked to enter your E-mail Address and Password during the User registration process. You are solely responsible in all respects for: (a) all use of the Site made using your E-mail Address and Password, and (b) maintaining the confidentiality of your E-mail Address and Password. Only one individual may access the Site at the same time using the same E-mail Address and Password. You agree to notify us immediately of any unauthorized use of your e-mail address, or Password or any other breach of security regarding the Site of which you are aware. DropTheWorld may refuse to grant you a User ID or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.
Electronic Communications
When you visit droptheworld.com, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Content
When you post Content on Drop The World's Site, you keep your copyright, but you grant that Drop The World will provide a service to post, display, copy, and sell that Content within the limitations you set during the use of the Site's Services. During use of the Services you are given the opportunity to set the following limitations on your Content's use:

• Content can be marked as shared which means you permit Drop The World to make your Content available for Purchase and for use in-part or in-whole in collaborative works by other Users on the Site; Or,
• Content that has not been designated as shared is implicitly defined as "Private" which means your Content will only be available for purchase by you, or other Users approved by you, or for use in any other way you permit.

By making your Content available to other Users you are agreeing that the Content can only be removed in accordance with the terms set forth in the section of this Agreement that deals with Content removal.

If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number, (collectively "Personal Data") in your Content, it will be included with your Content when sold. By including Personal Data in the Content you post, you authorize DropTheWorld to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.

By posting your Content on the Site, you grant that DropTheWorld, in service to the creator may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and Drop The World may make minor modifications to the Content for technical reasons. Of course, Drop The World will credit you and/or the original artist, and we will usually ask you first. You further agree that Drop The World may make minor modifications to the Content for technical reasons. We will not feature Content that has not been marked as shared.

"By uploading Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:

a. Is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to DropTheWorld for use as described above and, in either case, that the Content does not contain any Personal Data about any individual other than you;
b. Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
c. Does not invade any individual's right of privacy or publicity;
d. Does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;
e. Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);
f. Does not break the law, facilitate the breaking of the law, or violate any applicable regulation or Drop The World rule or policy;
g. Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
h. To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person. Despite all this, DropTheWorld cannot guarantee the accuracy, integrity or quality of Content.

Drop The World reserves the right to refuse to permit your publication on the Site of any Content that DropTheWorld, in its sole discretion, deems in violation of the terms and conditions set forth above.
Site Use
The person who created the Content is entirely responsible for it, and you are solely responsible for any Content you upload to Drop The World. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Drop The World responsible for any inadvertent damage to, corruption of or destruction of the Content. Drop The World is not responsible for backing up the Content. You are responsible for backing up, on your own computer, all Content. Drop The World will not be responsible for archiving or backing-up any Content. If any Content transmitted to Drop The World is damaged, lost or corrupted in any way, Drop The World will have no obligation or liability to you. You are solely responsible for all Content you generate or forward to Drop The World.

As a User, you agree not to use the Site to:

a. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harm anyone, including minors, in any way;
c. Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;
d. Interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware;
e. Employ a robot, spider or other process or device to harvest e-mail addresses or other User information or to monitor the activity on the Site;
f. Impersonate another person or entity or to forge any e-mail communication or message; and
g. Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to Content.

In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.

Drop The World reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect. At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.
Membership Termination
Drop The World agrees to terminate your account at any time upon notice from you, at support@droptheworld.com. Drop The World may terminate your account or your access to and use of the Services, with or without cause at any time and effective immediately, at Drop The World's sole discretion, for any reason, including but not limited to your failure to conform with these Terms. If you violate these Terms, Drop The World, in its sole discretion, may also elect to require you to remedy any violation of these Terms, and/or take any other actions that Drop The World deems appropriate to enforce its rights and pursue all available remedies.
Content Removal
When you choose to retire, terminate or delete (collectively "Remove") your Content from Drop The World, it will no longer be available or visible to other Users. If your Content was Private during use of the Services you can submit a request to Remove that Content at anytime from the Site by contacting us. To submit a request to Remove your Content or change the status of your Content please contact us at support@droptheworld.com . The exceptions to your ability to Remove Content are as follows:

a. If Content that has been marked as Shared has already been purchased by another User into a collaborative work, then the derivative work remains available in their Order History even when the original work is retired. The Content will however be retired from use in the creation of new collaborative works by all Users;
b. Content retained in our archives to the extent required by our data backup systems or, at Drop The World's discretion, for archival purposes. Drop The World will, however, retain any of your Personal Data only for so long as is reasonably required to fulfill the purposes for which it was collected.

Drop The World does not retain any residual rights to deleted or retired work other than those outlined above.

If you choose to terminate your Membership, the terms above regarding the status of Content you have uploaded remain applicable.
Restrictions on Use of Content
If you purchase Content off of the Site, you agree to the following restrictions with respect to such acquired Content and the information contained therein:

a. You can resell your own physical content (printed books) at your discretion and at whatever price you want;
b. You may not resell any other Content or otherwise profit from its use or display;
c. Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative work from the Content is not permissible;
d. The Content owners who sell Content through Drop The World retain ownership of the copyrights or other licenses in the Content. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party; and
e. You will not remove or obscure any proprietary rights notices contained in or on the Content.
Payment Terms
To order any Books, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. In order to purchase Content on the Site, a User must possess a valid credit card ("Payment Form"). Drop The World currently does not accept cash, checks or any other form of payment, although in the future we may change this policy. You agree that no additional notice or consent is required before Drop The World invoices the Payment Form for all amounts due and payable. By providing Drop The World with your Payment Form and associated payment information, you agree that Drop The World is authorized to immediately invoice your account for all fees and charges due and payable to Drop The World as a result of your purchase of any Books. You agree to immediately notify Drop The World of any change in your billing address or the Payment Form used for payment hereunder. Drop The World reserves the right, at any time, to change its prices and billing methods for Books sold, immediately upon posting on the Site. If Drop The World does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Drop The World or its agents.

You agree to pay all fees and charges incurred in connection with your orders and purchases including any taxes imposed on your orders and purchases, including, but not limited to, sales, use or value-added taxes. Drop The World may automatically charge and withhold such taxes for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Books for overseas delivery, you may be subject to import duties and taxes, which are levied when the package with the Books arrives at the destination that you specified. Any charges for customs clearance have to be borne by you. Since customs policies vary from country to country, you should contact the customs office in the country where you have us ship your Books to get more information. Please also be aware that you are considered the importer of record and must comply with all laws and regulations of such country.

All sales of Books and other products are made Ex Works (Incoterms 2000) Drop The World's designated point of shipment, and title and risk of loss to each shipment of the Books and other products shall pass to you when Drop The World or one of Drop The World's affiliates makes such shipment available to a carrier.
Returns
Books already damaged when the customer receives them are eligible for replacement. If you receive a book that is damaged in some way (missing, torn, or loose pages, etc.), we will be happy to provide a replacement copy at no additional cost. Simply contact us at support@droptheworld.com.

Before ordering, a preview of each book can be viewed on-screen. We will also display warnings for any photos that have been included but do not meet our recommended minimum resolution. It is the User's responsibility to review and approve the onscreen preview and acknowledge any warnings before completing the order process. It is the responsibility of Drop The World to guarantee the hard copy received by the user will replicate the on-screen preview approved by the user during the order process.

At no time after a User completes their order on the Drop The World Site can we cancel or refund their order.
Creator Revenue
You are eligible to earn creator revenue on Books sold on droptheworld.com to other Users that contain any of your content marked as "Shared" during your use of the Services. The following terms set forth when, how, in what amount and any limitations related to payment of creator revenue due any User:

1. All creator revenue is paid in US Dollars;
2. A User is paid three (3) percent of the net sale price (price without tax or shipping & handling) with a maximum creator revenue amount of ten ($10.00) US Dollars per book sold;
3. Creator revenue is only earned on Books sold to other Users, not on books sold to Content owner;
4. Creator revenue is only paid via PayPal (www.paypal.com), Users are responsible for providing Drop The World with their up to date PayPal account information. Failure to do so will prevent Drop The World from forwarding creator revenue in a timely matter;
5. Creator Revenue is paid on a monthly basis. Specifically, no later than 31 days after the end of a month Drop The World will make a good faith effort to pay you, using the contact information in our records. If Drop The World owes you less than twenty ($20.00) US Dollars for Content sales within a given month, we reserve the right, at our discretion, to roll your revenue forward to the following month until twenty ($20.00) US Dollars is reached;
6. It is your responsibility to update your contact information if it changes;
7. If your account is inactive or terminated and we are unable to contact you using the contact information provided, we may also, at our discretion, charge a termination fee equal to the amount of unpaid creator revenue to cover administrative costs.
Copyright Complaints
Drop The World respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Drop The World's agent for notice of claims of copyright or other intellectual property infringement ("Agent"),at support@droptheworld.com Please provide our Agent with the following Notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
2. Identify the material on the DropTheWorld Site that you claim is infringing, with enough detail so that we may locate it on the Site;
3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.

DropTheWorld's Agent will forward this information to the alleged infringer.
International Users
Drop The World makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws.
Operation of Site
Technical, maintenance and other issues may make Drop The World unavailable from time to time. Drop The World makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet the User's purposes. Drop The World may also in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.
Disclaimer of Warranties
THIS SITE IS PROVIDED BY DROP THE WORLD ON AN "AS IS" AND "AS AVAILABLE" BASIS. DROP THE WORLD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DROP THE WORLD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, DROP THE WORLD DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF ITS SITE AND THE SERVICES, AND DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DROP THE WORLD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL DROP THE WORLD, LLC. OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, AGENTS OR THIRD-PARTY LICENSORS AND CONTENT PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, COVER, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SALES, OR LOST BUSINESS) DIRECTLY OR INDIRECTLY RELATED TO OR ARISING OUT OF THE SITE, CONTENT ON THE SITE, OR ANY TRANSACTION ENTERED HEREUNDER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF DROPTHEWORLD OR ONE OF ITS OFFICERS, EMPLOYEES, AFFILIATES OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF DROPTHEWORLD, ITS OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH ANY TRANSACTION ENTERED HEREUNDER OR THE SITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO DROPTHEWORLD IN CONNECTION WITH THE TRANSACTION GIVING RISE TO SUCH CLAIM. ANY ACTION UNDER THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION OCCURS.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF DROP THE WORLD, ITS OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST DROP THE WORLD IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.
Indemnity
You agree to indemnify and hold Drop The World, its affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute that may arise from your breach of these Terms of Use or violation of any representations or warranties contained in these Terms. You also agree to hold Drop The World harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to any media or other material you provide to or post on Drop The World.
Applicable Law
By visiting droptheworld.com, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Drop The World.
Disputes
In the case of a dispute that cannot be settled by good faith negotiations, Drop The World reserves the right to demand any dispute be submitted to arbitration, at any time, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.
Merger or Acquisition
It is possible that as we continue to develop our Site and our business, Drop The World's Services and/or related assets might be acquired or transferred as part of a merger. In the event of such a transaction, you understand and agree that Drop Th eWorld may assign its rights under these Terms and that your personal information may be transferred to the succeeding entity. You will be provided with reasonable notice and an opportunity to opt-out of the transfer.
Severability
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Site policies, Modifications
We reserve the right to make changes to our site, policies, and these Terms of Use at any time. Should you object to any terms and conditions of these Terms of Use or any subsequent modifications thereto or become dissatisfied with Drop The World in any way, your only recourse is to immediately: (1) discontinue use of Drop The World and (2) terminate your Drop The World Account by contacting support@droptheworld.com.
Miscellaneous
The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

No rights provided by this Agreement are lost or diminished because of lack of use of such rights.

Except for payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Drop The World and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.
Copyright © 2010 Drop The World, LLC
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