Terms and Conditions
Last updated: March 25, 2025
Please read these terms and conditions carefully before using Our Service.
TERMS AND CONDITIONS
Welcome to Tha Drop!
Tha Drop is owned and operated by Tha Drop LLC.
These are the terms and conditions for:
Tha Drop mobile application (Available on Google Play and App Store)
Tha Drop website (https://tha-drop.squarespace.com)
By using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words “platform” refer to the Tha Drop mobile application and the Tha Drop website together, "we", "us", "our", and "Tha Drop" refers to Tha Drop LLC, and "you" and "user", refers to you, the Tha Drop user.
The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of Tha Drop accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY FUNCTIONALITY, INFORMATION OR CONTENT FROM THE PLATFORM.
1. ACCEPTANCE OF TERMS
By accessing and using the Tha Drop platform, you agree to be fully bound by the terms and conditions set forth in this agreement. If you do not agree to any of the terms, you must refrain from using the platform or its services. We reserve the right to modify this agreement at any time. Any modifications will be effective upon posting on the platform. By continuing to use Tha Drop following the posting of a modification, you expressly agree to be bound by the updated terms. For this reason, we recommend that you review this agreement periodically to stay informed of any changes.
By using the platform, you represent and warrant that you have full legal capacity, power and authority to enter into this agreement and to perform your obligations hereunder. You further confirm that you are not subject to any legal, contractual or other restriction that limits or prevents your ability to accept these terms and conditions. You warrant that you will use the platform in accordance with applicable laws and regulations and that your use will not infringe any third party rights or contravene any applicable regulations.
Your acceptance of this agreement constitutes a binding commitment by you and any entity you represent to adhere to the terms set forth herein and any additional policies posted on the platform. This commitment includes your obligation to ensure that all information provided during registration and use of the platform is truthful, accurate and up to date. Tha Drop will not be liable for any breach of these terms by users, and any violation of these terms may result in the suspension or termination of your access to the platform..
2. AGE RESTRICTION
Registration and use of the Tha Drop platform is strictly limited to persons over the age of 21. By creating an account and using any functionality of the platform, the user represents and warrants that they are at least 21 years of age. Tha Drop reserves the right to request documentation proving the age of the user and to suspend or cancel any account that violates this restriction.
3. NOTIFICATIONS
By registering on the platform and providing your email address to Tha Drop, you agree that we may use your email address to send you notifications and other messages, such as changes to service features, news and special content via email. If you do not wish to receive these emails, you may opt out of receiving them by submitting your unsubscribe request through the contact information or by using the "unsubscribe" option included in the emails. Unsubscribing may prevent you from receiving notifications of updates, news or special content related to Tha Drop.
4. HOSTS
4.1. Registration and User Account
To register as a Host on the Tha Drop platform, the user must create an account by providing truthful, complete and up-to-date information, including a valid email address, contact details and, where applicable, verification documents required by the platform, such as a driver's license. By completing the registration process, the user declares and guarantees that they are acting on their own behalf or with the proper authorization of a commercial entity (such as a nightclub, restaurant or DJ collective) with the intention of organizing events and selling tickets through Tha Drop.
The Host agrees to keep their access credentials confidential and not to share their account with third parties. They will be responsible for all activities that occur under their account, even if they have not been expressly authorized by them. In the event that any unauthorized use of the account or security breach is detected, the Host must immediately notify Tha Drop.
The Host account can only be used for the publication of events and the sale of tickets within the platform. Any attempt to circumvent Tha Drop's ticketing system or to make sales outside the platform will be considered a serious breach of these Terms and may result in the suspension or cancellation of the account, without prejudice to any corresponding legal action.
Tha Drop reserves the right to reject any registration request, temporarily suspend or permanently cancel a Host account if it detects that the information provided is false, if the user does not comply with these Terms and Conditions, or if it considers that their activity could harm the proper functioning of the platform, other users or the reputation of Tha Drop.
4.2. Publication of Events
Users registered as Hosts on the Tha Drop platform will be able to create, manage and publish events through the system enabled in the application and the website. To do so, they must provide complete, accurate and up-to-date information about each event, including but not limited to: name of the event, description, date, time, place, representative images, estimated capacity, ticket prices, access conditions, age restrictions, and other relevant details that allow Guests to make an informed decision when purchasing a ticket.
The publication of an event will be subject to the payment of a fixed non-refundable fee of Thirty dollars (US$30.00), which must be paid by the Host at the time of creating the event. This fee applies for each individual event published, regardless of sales success or attendance. Tha Drop does not guarantee any sales volume or number of attendees as a result of publishing the event on the platform.
Once the event has been approved, Hosts may begin selling tickets exclusively through the Tha Drop platform. The sale of tickets through external or alternative channels is strictly prohibited, and any attempt to circumvent this obligation may result in the suspension or cancellation of the Host's account, without the right to a refund of the fee paid, and without prejudice to other corresponding legal actions.
Hosts accept and understand that they are solely responsible for the execution, organization and fulfillment of the event, including the conditions of the venue, the safety of attendees, compliance with local regulations, and any inconvenience that may arise before, during or after the event. Tha Drop does not organize or co-organize any event, and its role is limited to providing the technological infrastructure for its publication, promotion and ticket sales.
The Host declares and guarantees that they have all the necessary permits to hold the event in the indicated location, and accepts that Tha Drop may, at its sole discretion, carry out validity checks on the information of the event and the location where it will take place. In the event of the event being canceled, the Host must notify Tha Drop immediately, and agrees to respect the refund policies established by the platform, under which tickets will only be refundable in the event of an official cancellation of the event.
The following types of events are strictly prohibited from being posted on the Tha Drop platform:
Parties in private homes or residences.
Events held in places not authorized for recreational or entertainment activities.
Meetings organized for illegal purposes, including but not limited to the consumption or distribution of illicit substances.
Events that promote hate speech, discrimination, violence or activities that infringe on the rights of third parties.
Events involving illegal gambling, sexual activities or explicitly adult content.
Events whose information is false, misleading or incomplete.
Tha Drop reserves the absolute right to remove any event that violates these prohibitions or that, in its opinion, represents a risk to the integrity of users or the community, without prior notice and without this generating the right to compensation or reimbursement by the Host.
4.3. Event Cancellation
In the event that a Host decides to cancel a previously published and approved event on the Tha Drop platform, they must immediately notify this cancellation in writing through the official channels of the platform. The cancellation must include all the information necessary to identify the event and the reasons for the cancellation, so that Tha Drop can initiate the process of notifying buyers and proceed with the corresponding refunds.
Once the cancellation is confirmed by Tha Drop, the platform will fully reimburse the total value of each ticket purchased to users who have bought tickets for that event. The Host accepts and acknowledges that they will be responsible for covering the total amount of the refunds made, and authorizes Tha Drop to debit said amount from the funds available in their account or to carry out any other procedure necessary to ensure compliance with this obligation.
The thirty dollar ($30.00) fee paid by the Host at the time of posting the event will not be refunded under any circumstances, regardless of the reason for the event's cancellation. This fee covers the administrative and operational costs incurred by Tha Drop during the event posting and verification process.
The Host accepts that a cancellation without just cause or a recurring cancellation may negatively affect their profile on the platform and may result in a review by the Tha Drop team. In serious or repeated cases, the platform reserves the right to suspend or definitively cancel the Host's account, as well as to restrict their ability to publish new events in the future.
Tha Drop reserves the right to cancel an event published on the platform when there are good reasons to believe that it violates these Terms and Conditions, the platform's internal policies, or when potential risks to the safety or integrity of users are detected. In such cases, the tickets will also be fully refunded to buyers, with no right to a refund of the publication fee for the Host.
4.4. Withdrawal of Funds
Hosts who have generated income through the sale of tickets to events published on the Tha Drop platform may request the withdrawal of the accumulated funds once the corresponding event has ended and the validation period established by the platform has elapsed. To do so, the Host must provide accurate and up-to-date information about their bank account or authorized withdrawal method, as well as any additional documentation that Tha Drop deems necessary to verify their identity or validate the transaction.
Tha Drop will not charge any commission for ticket sales made through the platform. The total amount paid by buyers for tickets will be transferred in full to the Host, without the application of additional processing fees or tax deductions, unless expressly required by law. Funds received by Tha Drop on behalf of the Host will be transferred net, in the same amount paid by the buyer at the time of the transaction.
Tha Drop will process withdrawals using external payment service providers, such as Stripe, and will not be responsible for delays, errors or commissions applied by such providers. The estimated processing time may vary depending on the selected withdrawal method, data verification and the operating times of the financial entities involved.
Hosts accept that they will not be able to withdraw funds corresponding to canceled or disputed events, and that Tha Drop may temporarily withhold such funds while any related incidents are resolved. Likewise, in the event of a refund to ticket buyers due to cancellation or other events covered by the platform's refund policies, the corresponding amount will be deducted from the funds available for withdrawal.
Tha Drop may reject or suspend any withdrawal request where there are reasonable grounds to suspect fraud, improper use of the platform, or non-compliance with these Terms and Conditions. In such cases, the Host will be duly notified and may be required to provide additional information or documentation.
It is the sole responsibility of the Host to ensure that the details provided for withdrawal are correct and up to date. Tha Drop will not be liable for payments sent to incorrect accounts due to errors in the information provided by the Host.
5. PROFESSIONALS
5.1. Registration and User Account
To register as a Professional on the Tha Drop platform, the user must create an account by providing accurate, truthful and up-to-date information, including, among other things, their full name, valid email address, contact details and other information required during the registration process. Professionals on Tha Drop can include, but are not limited to, DJs and Hosts, Event Staff and Promoters, Bartenders and Bottle Girls. In the specific case of Bartenders, it will be mandatory to provide a valid and current copy of their bartender's license as a condition for the activation of their profile and the authorization to provide services through the platform.
The Professional will be responsible for keeping all the information in their account up to date, including contact details, photographs, services offered, experience and availability. By registering, the Professional agrees to use their account in a personal and non-transferable manner, refraining from sharing their access credentials or allowing third parties to use their account. Any unauthorized use of the account must be reported immediately to Tha Drop.
The creation of a Professional account does not guarantee that the user will be hired or that they will receive requests for services. The platform acts exclusively as a technological intermediary to facilitate the visibility of professional profiles and allow their possible hiring by other users, without assuming any responsibility for the agreements reached between the parties or for the result of the services provided.
The Professional accepts that, when hired through Tha Drop, they are fully responsible for attending the event at the agreed place, date and conditions, as well as for any professional performance they carry out during the event. Participation in events and travel to them are the sole responsibility of the Professional.
Tha Drop reserves the right to verify, approve, reject, suspend or cancel any professional account if it detects false information, behavior contrary to these Terms and Conditions, or if it considers that the user's activity negatively affects the functioning of the platform, the experience of other users or the reputation of Tha Drop.
5.2. Profile Publication and Reservations
Users registered as Professionals on the Tha Drop platform will be able to create and publish a professional profile visible within the platform's ecosystem, with the aim of offering their services to other users, mainly Guests interested in hiring services for events. The professional profile must contain accurate, clear and up-to-date information, including the category of services offered (such as DJ, Host, Barman, Promoter, Event Staff or Bottle Girl), previous experience, rates, availability, photographs, description of the service and any other information that may help potential clients make a decision.
Once the profile has been published, Professionals will be able to receive booking requests through the platform itself. Interested users will be able to consult the available profiles, send requests and finalize the agreement directly through the functionalities enabled by Tha Drop. The acceptance or rejection of each request is at the sole discretion of the Professional, who will be able to evaluate the conditions of the event, place, date and other details before confirming their participation.
Professionals will be free to set their own rates for the services offered, and will be responsible for ensuring that the amounts indicated in their profile are accurate, are expressed in US dollars and correspond to the services actually provided. Tha Drop will not intervene in the setting of prices or in negotiations between users, except for the purposes of processing payments through its systems and applying the conditions of use set out in these Terms.
By accepting a booking, the Professional undertakes to attend the event punctually and to provide the contracted service with the expected level of professionalism, responsibility and quality. Unjustified failure to honor a booking may affect the Professional's reputation on the platform and result in sanctions, including warnings, temporary suspension or permanent cancellation of their account.
Tha Drop reserves the right to review and approve professional profiles before publication, as well as to suspend or delete any profile that contains information that is false, misleading, inappropriate or contrary to the platform's policies. Professionals accept that their profile may receive ratings and reviews from users who have contracted their services, and that these ratings will form part of their public reputation within the platform.
5.3. Withdrawal of Funds and Commissions
Users registered as Professionals on Tha Drop who have been contracted to provide services through the platform and have successfully completed said services may request the withdrawal of the funds corresponding to the payment received. Withdrawals may be requested once the associated event has ended and the validation period that Tha Drop deems necessary to guarantee that the service was effectively provided, there is no active dispute and there are no pending incidents with the client or the platform has elapsed.
The Professional must provide accurate and up-to-date information about their bank account or other payment method authorized by Tha Drop to process the withdrawal. It is the sole responsibility of the Professional to ensure that their withdrawal account details are correct and up to date. Tha Drop will not be responsible for payment errors caused by inaccurate or incomplete data provided by the Professional.
Tha Drop will apply a ten percent (10%) commission for the use of the platform on the total amount received for the contracting of its services. This commission will be automatically deducted before authorizing the withdrawal of funds to the Professional. By registering and using the platform, the Professional expressly accepts and authorizes Tha Drop to make such deduction automatically as a necessary condition for the use of the services available on the platform.
The remaining amount will be processed and transferred in accordance with the operational deadlines of the payment service provider used by Tha Drop, such as Stripe, and according to the availability of funds. Tha Drop assumes no responsibility for any additional fees, withholdings, taxes, or commissions that may be applied by payment providers, financial institutions, or tax agencies on withdrawals made. The Professional is solely responsible for complying with their tax obligations and declaring their income in accordance with the regulations applicable in their jurisdiction.
The platform reserves the right to suspend, delay or deny a withdrawal request in the event of an ongoing investigation, well-founded suspicion of fraud, breach of these Terms and Conditions, or any situation which, in Tha Drop's sole discretion, justifies the temporary withholding of funds. In such cases, the Professional will be notified of the situation and additional documentation or corrective action may be required before authorizing the release of the funds.
Tha Drop does not guarantee fixed or immediate deadlines for payment accreditation, as processing times may vary depending on operational factors, volume of withdrawals, security verifications, and technical conditions of the providers involved.
6. GUESTS
6.1. Registration and User Account
To access the features intended for Guests on the Tha Drop platform, the user must register and create an account by providing accurate, truthful and up-to-date information, including, at a minimum, a valid email address, full name and other data that may be requested during the registration process. By completing the registration process, the Guest accepts these Terms and Conditions and agrees to use the platform only for permitted purposes, such as viewing events, purchasing tickets and hiring Professionals to run private events.
The Guest is responsible for maintaining the confidentiality of their access credentials and for any activity carried out through their account, even if it has not been expressly authorized. In the event of detecting unauthorized access or any improper use of their account, they must immediately notify Tha Drop.
The account is personal and non-transferable. The Guest may not share, assign or transfer their account to third parties, nor use it for purposes contrary to the law, the rights of third parties or the policies of the platform. Fraudulent, abusive or contrary use of these Terms and Conditions may result in the temporary suspension or permanent cancellation of the account, without prejudice to any legal actions that Tha Drop may take.
By using the platform, the Guest accepts that any purchase of tickets or contracting of Professionals is done under their own responsibility, and that it is their obligation to verify the details of the event or the service offered before confirming the transaction. Tha Drop acts solely as a technological intermediary and does not guarantee the availability, quality or suitability of the events or services contracted, nor does it intervene in the contractual relationship between Guest, Host and/or Professional.
Tha Drop reserves the right to reject registration requests, as well as to suspend or cancel Guest accounts that do not comply with these Terms and Conditions or that, at the sole discretion of the platform, affect the normal functioning of the service or the experience of other users.
6.2. Purchase of Tickets
Users registered as Guests on Tha Drop may purchase tickets for events published by Hosts through the platform. The purchase of tickets is carried out exclusively through the sales system enabled by Tha Drop, and is subject to the availability indicated by the Host, as well as the specific conditions of the event, including date, place, age restrictions, capacity and any other information provided in the event description.
To complete a purchase, the Guest must select the event of interest, indicate the number of tickets desired and make the corresponding payment using one of the payment methods authorized by the platform, such as credit or debit card. Tha Drop may, at any time and without prior notice, modify, expand or restrict the payment methods accepted, according to its operational needs or the availability of its payment service providers.
Payment will be processed securely through authorized third parties specializing in payment processing services. By confirming the purchase, the Guest authorizes the collection of the total amount of the transaction, including any additional charges clearly specified at the time of purchase. Once payment has been made and the transaction confirmed, the ticket will be generated electronically and will be available in the user's account on the platform, from where it can be consulted or presented for use.
It is the Guest's responsibility to carefully verify the details of the event before making the purchase, including date, place, access conditions and applicable restrictions. Tha Drop will not be responsible for errors made by the user when selecting an event or confirming a purchase, nor for inconveniences related to attendance at the event or the interpretation of its content.
Tickets purchased through Tha Drop are personal and non-transferable, unless otherwise indicated in the specific policy of the event. Any attempt at unauthorized resale, duplication or falsification of tickets will be considered a violation of these Terms and Conditions and may result in the cancellation of the ticket, the suspension of the user's account and the adoption of corresponding legal measures.
6.3. Refund Policy
Except in the cases expressly provided for in these Terms and Conditions, all ticket purchases made by Guest users through the Tha Drop platform are final, binding and non-refundable. By purchasing a ticket, the Guest agrees that they will not be entitled to request any refund, even if they decide not to attend the event, if they arrive late, if the event does not meet their personal expectations or if there is a change in their personal circumstances or availability.
The only exception to this general policy applies when an event published by a Host is officially canceled. In that case, Tha Drop will fully refund the value of the ticket paid by the Guest, using the same payment method used in the original purchase, whenever technically possible. The refund process may begin once the Host has formally notified the event's cancellation and this has been verified and confirmed by Tha Drop. Refund processing times may vary depending on the payment service provider, the volume of operations and the particular conditions of each transaction.
Tha Drop is not responsible for refunds related to minor changes in the event, such as schedule changes, artist substitutions, alterations in the program or adjustments in the logistics of the event, provided that the event is held substantially in the terms originally planned. Likewise, weather conditions, limited access to certain areas of the event, or any other situation beyond the direct control of the platform will not be grounds for a refund.
In the case of canceled events, Guests should not make direct arrangements with the Host to request refunds, as Tha Drop will centrally manage the refund process. Any attempt to recover funds externally or in a manner contrary to this procedure may result in the suspension of the user's account.
6.4. Agreement and Booking of Professional Services
Users registered as Guests on Tha Drop will be able to agree and book the services offered by Professionals directly from their respective professional profiles published on the platform. Each Professional will establish their own rates, either by the hour or under another pricing model they deem appropriate, and will be responsible for clearly indicating the terms and conditions of the agreement, the description of the service, its availability on the calendar and any additional requirements for the provision of their services.
The Guest may consult the profile of each Professional, review their services, availability, ratings from other users and select an available date and time to send a reservation request. Confirmation of the reservation is subject to the express acceptance of the Professional, who may accept or reject the request based on their availability, type of event or any other circumstance they deem relevant.
Once the booking is accepted by the Professional, the Guest must proceed to pay for the service using the payment methods authorized by the platform, such as credit or debit card. The payment will be processed securely by external payment service providers and will be automatically confirmed within the user's Tha Drop account. The payment constitutes a binding confirmation of the service contract for the agreed date and conditions.
The Guest is responsible for providing all the information necessary for the correct provision of the service, including the venue, exact time, type of service required and any other relevant details. Tha Drop is not responsible for cancellations, failure to attend or non-compliance arising from incomplete or incorrect information provided by the Guest.
The agreement for services is considered a direct agreement between the Guest and the Professional. Tha Drop acts exclusively as a technological intermediary that facilitates contact, booking and payment processing, without intervening in the execution of the service or assuming any responsibility for the result thereof.
Any attempt to contract services outside the platform, evading the Tha Drop reservation and payment system, will be considered a violation of these Terms and Conditions and may result in the suspension of the user's account, without prejudice to other actions that the platform deems pertinent to preserve the integrity of its ecosystem.
7. REVIEWS
Tha Drop users, including Guests, Hosts and Professionals, can provide a review once an event has ended or a service has been completed through the platform. Reviews are intended to share real experiences with other users, promote transparency and improve the overall quality of the Tha Drop ecosystem. Each review may include a numerical or visual rating, optionally accompanied by a descriptive comment about the experience.
Only users who have directly participated in the event or who have contracted or provided a service through the platform may post a review, thus guaranteeing the authenticity and veracity of the opinions published. Tha Drop may apply automatic or manual validation mechanisms to avoid false, duplicate or fraudulently issued reviews.
By submitting a review, the user represents and warrants that the content is honest, relevant, non-defamatory, does not contain offensive or discriminatory language, and does not violate the rights of third parties. Tha Drop will not be responsible for the opinions expressed by users, but reserves the right, without any obligation, to review, moderate, hide or eliminate any review that violates these Terms and Conditions or that, in the sole discretion of the platform, may negatively affect the community or reputation of its members.
The published reviews may form part of the public profile of the event, the Professional or the corresponding Host, and will be visible to other users of the platform. The accumulation of negative reviews, especially if they are substantiated and verified, may affect the visibility, eligibility or continuity of the reviewed profile within the platform.
Tha Drop reserves the right to temporarily suspend or limit the functionality of review publication to any user who abuses this system, makes malicious comments, uses the tool for the purpose of blackmail or manipulation, or engages in any conduct contrary to the purpose of this feedback mechanism.
8. LIMITATION OF LIABILITY
Tha Drop acts exclusively as a technological intermediary that facilitates the connection between different types of users (Hosts, Professionals and Guests) for the organization, publication and contracting of events and services related to entertainment. The platform provides the necessary digital tools for Hosts to publish events and sell tickets, for Professionals to offer their services, and for Guests to purchase tickets or book these services. Tha Drop does not participate in the execution, organization, supervision or operational management of the events or in the direct provision of the services offered through the platform. Therefore, the use of Tha Drop is done under the full and exclusive responsibility of the users.
In this sense, Tha Drop will not be responsible, under any circumstances, for acts, omissions, breaches, damages, losses, accidents, conflicts, personal or material damages, expenses, sanctions or any other consequence derived from events organized by Hosts or services provided by Professionals, nor for the interaction between users inside or outside the platform. Tha Drop does not guarantee the assistance or participation of the contracted Professionals, the effective realization of the published events, nor the quality, punctuality, adequacy or veracity of the services or experiences offered by third parties.
Likewise, Tha Drop assumes no responsibility for cancellations, interruptions, modifications, suspensions or rescheduling of events, nor for the behavior, conduct or safety of attendees or participants. The Hosts are solely responsible for the organization and execution of their events, including the legality of the venue, obtaining the necessary permits, compliance with local regulations and the safety of attendees. Similarly, Professionals are solely responsible for the services they decide to provide, as well as for their availability, travel, behavior, punctuality and compliance with the conditions agreed with the Guests.
Tha Drop will not be liable for errors, technical failures, service interruptions, connectivity problems, data loss, security attacks or any indirect, incidental, special or consequential damages arising from the use or inability to use the platform. Tha Drop's total liability, if legally applicable, shall at all times be limited to the total amount actually paid by the user to Tha Drop for the use of the platform in the month prior to the event that gave rise to the claim, excluding all indirect or punitive damages.
Finally, Tha Drop is not responsible for user-generated content, including event descriptions, reviews, messages, profiles or shared opinions, nor does it guarantee the accuracy or legality of such information. Each user is fully responsible for the content they publish, transmit or share, and agrees to indemnify and hold Tha Drop harmless from any claim, demand or legal action arising from such content or from the improper use of the platform.
9. LICENSE TO USE THE PLATFORM
Tha Drop grants the user a personal, worldwide, royalty-free, non-transferable, non-sublicensable, non-exclusive, non-sublicensable license to download and use the Tha Drop mobile application, available through the App Store and Google Play Services. This license includes access to modified versions, updates, upgrades, enhancements, extensions, add-ons and copies of the app, if available. The exclusive purpose of this license is to allow the user to access and use the functionalities offered by the platform in accordance with the terms and conditions set forth in this agreement.
The user agrees to use the platform diligently, lawfully and in full compliance with applicable regulations, refraining from any activity that is negligent, fraudulent, harmful or in any way compromises the integrity of Tha Drop, its services or the experience of other users. Use of the platform for actions that may damage the reputation, interests or rights of Tha Drop, its affiliates or third parties is strictly prohibited, including but not limited to:
Attempting to access unauthorized systems or reverse engineer the platform.
Employ automated techniques to interact with the platform in an unauthorized manner.
Engage in activities that may disrupt, overload or compromise the technical operation of the platform.
Tha Drop reserves the right, at its sole discretion, to suspend or terminate the user's access to the platform immediately and without liability to the user, in the event that any breach of the stated conditions is detected. This cancellation may be carried out with or without prior notice, depending on the nature and severity of the breach. In addition, Tha Drop reserves the right to take legal action if the improper use of the platform generates economic, technical or reputational damage to the company or third parties.
The user acknowledges that the license granted is revocable and that its continuity depends on full compliance with these conditions. Any unauthorized or prohibited use of the platform may result in the immediate termination of this license and the adoption of the necessary legal measures to protect the rights and interests of Tha Drop.
10. COPYRIGHT
All content on Tha Drop that does not belong to the Sellers, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Tha Drop or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all materials on Tha Drop are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Tha Drop prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Tha Drop or any part of the material for any purpose other than its intended purposes is strictly prohibited.
11. COPYRIGHT INFRINGEMENT
Tha Drop will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Tha Drop respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
A statement that specifically identifies the location of the infringing material, in sufficient detail so that Tha Drop can find it on the platform.
Your name, address, telephone number and email address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
12. PROHIBITED ACTIVITIES
The following activities are prohibited:
Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the platform, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
Violate the restrictions in any robot exclusion headers on the platform or bypass or circumvent other measures employed to prevent or limit access to the platform.
Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
Deep-link to any portion of the platform for any purpose without our express written permission.
"Frame", "mirror" or otherwise incorporate any part of the platform into any other platforms or Service without our prior written authorization.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Tha Drop.
Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.
13. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet Tha Drop provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet Services for any reason beyond our control.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Tha Drop for any loss or damage caused as a result.
Tha Drop shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Tha Drop excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Tha Drop and Tha Drop shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any incorrect or inaccurate information on the platform.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Tha Drop.
All representations, warranties, conditions and other terms which but for this notice would have effect.
14. ELECTRONIC COMMUNICATIONS
Tha Drop will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion or for any unauthorized human acts, including any errors or mistakes.
15. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the platform, its officers, employees, affiliates and Sellers against any claims, losses, damages, costs and expenses (including reasonable legal fees) resulting from or related to your misuse of the platform or violation of this clause.
16. CHANGES
We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.
17. INTEGRATION CLAUSE
This agreement together with the privacy policy and any other legal notices published by Tha Drop, shall constitute the entire agreement between you and Tha Drop concerning and governs your use of the platform.
18. SEVERABILITY
If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.
19. FORCE MAJEURE
Tha Drop shall not be liable for any failure to perform due to causes beyond its reasonable control, including, without limitation, fortuitous events, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.
20. TERMINATION
Both the user and Tha Drop acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.
In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Tha Drop reserves the right to unilaterally terminate the user's access to and use of the platform. Tha Drop may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, Tha Drop shall not be liable for any loss of data or information associated with the user's account.
In case of non-compliance by Tha Drop: If Tha Drop fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify Tha Drop in writing of the breach and allow a reasonable time for Tha Drop to remedy the situation. If Tha Drop does not remedy the breach within the set period, the user may proceed with the termination of the agreement.
Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.
Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.
21. DISPUTE RESOLUTION
Any dispute, claim or controversy arising between a user and Tha Drop in connection with these terms and conditions, the use of the website or the services provided, shall be resolved exclusively through alternative dispute resolution mechanisms, including mediation and arbitration, as detailed below.
First, both parties agree to use their best efforts to resolve any dispute informally. This includes direct communication between the parties involved to identify and address concerns or disagreements quickly and efficiently. Users may contact Tha Drop through designated support channels to raise any disputes. The company commits to respond within a reasonable period of time, providing an opportunity to resolve the issue without resorting to formal procedures.
If the parties fail to resolve the dispute informally within thirty (30) days of initial notification of the dispute, the dispute will be submitted to mediation. The mediation shall be conducted before a neutral mediator selected by mutual agreement of the parties. If the parties are unable to agree on a mediator within an additional fifteen (15) days, a mediator shall be appointed through a recognized mediation agency. The costs of the mediation shall be shared equally between the parties, and the mediation shall be conducted in English and at a mutually agreed location or, if both parties agree, through a virtual platform.
If mediation does not result in a mutually satisfactory resolution, the dispute shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (AAA) or a similar internationally recognized body. The arbitration shall be conducted by a single neutral arbitrator, who shall be selected in accordance with the rules of the arbitration body. The place of arbitration shall be (Insert city or state). The language of the arbitration shall be English.
The arbitrator shall have exclusive authority to resolve the dispute, including determining the applicability and validity of these dispute resolution terms. The arbitrator's decision shall be final and binding on both parties, and may be entered as a judgment in any court of competent jurisdiction. Unless prohibited by applicable law, the parties agree to waive any right to bring the dispute in court or to participate in a class action.
This dispute resolution clause does not preclude Tha Drop from seeking injunctive or equitable relief in the event of intellectual property rights infringement, misuse of the platform, or any act that may cause irreparable harm, in which case it may go directly to a court of competent jurisdiction without exhausting alternative dispute resolution mechanisms.
By accepting these terms, users expressly waive any right to a jury trial and agree that all disputes will be resolved in accordance with the procedures set forth in this clause, with the objective of minimizing the costs and time associated with formal litigation. The parties assume their own costs associated with mediation and arbitration, unless otherwise agreed or specifically provided by the arbitrator.
22. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of (South Carolina). Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of (South Carolina). This applies unless binding arbitration is agreed to in the applicable section.
23. FINAL PROVISIONS
The use of our platform and the services offered on our platform is conditioned upon acceptance of and compliance with all terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.
Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our platform. Information provided or collected in connection with the use of our platform will be subject to these requirements.
In the event that any provision of these terms and conditions shall be declared invalid, illegal or unenforceable by any court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.
We reserve all rights not expressly granted herein, while at all times maintaining the protection of and respect for our intellectual property rights and prerogatives.
24. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact forms or by using the following contact information:
Tha Drop LLC.
Email: dropyourconcerns@thadrop.net