OVERVIEW

This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.

This website is operated by Hot Drops, Inc. (hereinafter “Hot Drops”). Throughout the site, the terms “we”, “us” and “our” refer to Hot Drops. Hot Drops offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. BY USING THE WEBSITE OR ANY PART OF IT, YOU ARE CONFIRMING THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THESE TERMS. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Usage of Hot Drops and the Service is age restricted, as detailed in the relevant section of this document.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you affirm that you are over the age of 18 (21 in some localities) and have the legal right to possess adult material in your community. The website is not intended for children under 18.  If you are under the age of 18, you may not use the website.

We do not knowingly collect information from or direct any of our content specifically to children under the age of 18.  If we learn or have reason to suspect that you are a user who is under the age of 18, we will have to close your account.  Other countries may have different minimum age limits, and if you are below the minimum age for providing consent for data collection in your country, you may not use the website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country.

Users aren’t listed on any U.S. Government list of prohibited or restricted parties.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Hot Drops has partnered with a 3rd Party site to accept debit and credit card payments. By using our services, you agree to the 3rd Party Payments, Inc. User Agreement and Privacy Policy.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Offers And Discounts

We may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Hot Drops Inc..

Offers and discounts are always granted at Hot Drops’ sole discretion. Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future. Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last.

Coupons

Offers or discounts can be based on Coupons. If breach of the conditions applicable to Coupons occurs, Hot Drops can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail. Unless otherwise stated, these rules apply to the use of Coupons:

-Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;

-A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;

-Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;

-A Coupon cannot be applied cumulatively;

-The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;

-The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;

-The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

SECTION 5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 6 – OWNERSHIP, LICENSE, AND RESTRICTIONS

Creators of any and all content on this website retain the following copyright rights of their digital Content: the right to 1) reproduce the copyrighted work, 2) prepare derivative works based on the copyright, 3) distribute copies and 4) the right to display the copyrighted work publicly. Additionally, Creator’s retain any trademark to digital Content, if the Creator owns the copyright in the first place.

Creator’s agree to license the rights to: 1) copy the digital content version associated with the Digital Collectible and 2) display the digital content connected to a Digital Collectible on social media.

When Creators upload digital Content, as mentioned, and Mint an associated Digital Collectible, they give the Purchaser a license to that copy of the digital content version and to transfer the Digital Collectible.

Collection Owner Rights

When you purchase any Hot Drops content, you own the Smart Contract associated with it. Ownership of an Digital Collectible is mediated entirely by the Smart Contract, and the Ethereum, Polygon, or other Network, unless the Buyer and Seller enter into a separate agreement. NFTs are on the Ethereum, Polygon, or other blockchain, whichever in being used at the time of Minting, and are a record of ownership of the digital Content the NFT is associated with. NFTs are not ownership of the Digital Content itself. Digital Content uploaded is stored on the Interplanetary File System (IPFS) and if the User who uploaded the digital Content owned the copyright to that digital content, they will continue to own the portions of trademark and copyright to the digital Content even after the NFT is transferred. A content Owner owns the Smart Contract associated with the Collection, but does not own any digital Content or the associated NFT that are linked to the Smart Contract, unless the Collection Owner is also a Creator and Minted into the Smart Contract.

An NFT Purchaser or an owner after an NFT has been transferred cannot reproduce any additional copies.

Transfer of Digital Collectible

Rights in this section associated with the NFT and/or associated digital Content are transferred if and when the NFT is transferred, with the exception of the trademark and copyrights retained by the Creator of digital Content.

Rights Only For Primary Sales On MyHotDrops.com

This section only applies when an NFT is Minted and sold on myhotdrops.com for the primary sale. If an NFT is sold on another marketplace, Hot Drops has NO control over the rights, license, or assignment of Your NFT or digital Content.

License From Hot Drops

You are hereby granted a limited, nonexclusive, non-transferable, non-sublicensable license to access and use the Services and/or Platform; provided, however, that such license is subject to these Terms of Use and Privacy Policy and does not include any right to (a) sell, resell or use commercially the Service or Platform, (b) distribute, publicly perform, or publicly display anything obtained from the Service and/or Platform, (c) modify or otherwise make any derivative uses of the Service and/or Platform, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Service or Platform, except as expressly permitted by us, and (f) use the Service or Platform other than for their intended purposes.

Hyperlinks

You are hereby granted a limited, non-exclusive, non-transferable, revocable license to create a text hyperlink to the Platform for noncommercial purposes, provided that such link does not portray myhotdrops.com, our affiliates, or the Services in a false, misleading, derogatory, or otherwise defamatory manner, and provided further that the linking platform does not contain any adult or illegal materials, or other materials that is offensive, harassing, or otherwise objectionable.

SECTION 7 – ASSUMPTION OF RISK

(i) Value and Volatility. The prices of collectible blockchain assets are extremely volatile and subjective and collectible blockchain assets have no inherent or intrinsic value. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFTs, which may also be subject to significant price volatility. Each NFT has no inherent or intrinsic value. We cannot guarantee that any NFTs purchased will retain their original value, as the value of collectibles is inherently subjective and factors occurring outside of the Hot Dops ecosystem may materially impact the value and desirability of any particular NFT.

(ii) Tax Calculations. You are solely responsible for determining what, if any, taxes apply to your NFT-related transactions. We are not responsible for determining the taxes that apply to your transactions on the website.

(iii) Use of Blockchain. The website does not store, send, or receive NFTs. This is because NFTs exist only by virtue of the ownership record maintained on the App’s supporting blockchain in the Ethereum and/or Polygon networks. Any transfer of NFTs occurs within the supporting blockchain in the Ethereum and/or Polygon networks, and not on the website.

(iv) Inherent Risks with Internet Currency. There are risks associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your electronic wallet. You accept and acknowledge that we will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Ethereum and/or Polygon Networks, however caused.

(v) Regulatory Uncertainty. The regulatory regime governing blockchain technologies, cryptocurrencies and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Hot Drops ecosystem, and therefore the potential utility or value of your Drops and you acknowledge that Hot Drops has no liability for any issues that arise from such regulatory changes.

(vi) Software Risks. Upgrades to the Ethereum and/or Polygon Networks, a hard fork in the Ethereum and/or Polygon Networks, or a change in how transactions are confirmed on the Ethereum and/or Polygon Networks may have unintended, adverse effects on all blockchains using the Ethereum and/or Polygon Networks’ NFT standard, including the Hot Drops ecosystem.

SECTION 8 – FORCE MAJEURE

(i) Force Majeure Events. We will not be liable or responsible to the you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of these Terms, when and to the extent such failure or delay is caused by or results from the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, including the 2019 novel coronavirus pandemic (COVID-19), tsunami, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this agreement; (f) strikes, labor stoppages or slowdowns or other industrial disturbances; (g) shortage of adequate or suitable Internet connectivity, telecommunication breakdown or shortage of adequate power or electricity; and (h) other similar events beyond our control.

(ii) Performance During Force Majeure Events. If we suffer a Force Majeure Event, we will use reasonable efforts to promptly notify you of the Force Majeure Event, stating the period of time the occurrence is expected to continue. We will use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. We will resume the performance of our obligations as soon as reasonably practicable after the removal of the cause.

SECTION 9 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 10  – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

User Feedback

You may choose to submit comments, bug reports, ideas or other feedback about the website, including without limitation about how to improve the website (collectively, “Feedback”). By submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise). You hereby grant us a perpetual, irrevocable, nonexclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.

SECTION 12 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click on this link.

Our Privacy Policy describes the ways we collect, use, store and disclose your personal information, and is hereby incorporated by this reference into these Terms. You agree to the collection, use, storage, and disclosure of your data in accordance with our Privacy Policy.

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Hot Drops Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 16 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless myhotdrops.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 – YOUR ACCOUNT

Account Registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.

Failure to do so will cause unavailability of the Service.

Conditions For Account Registration

Registration of User accounts on Hot Drops Inc. is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

-Accounts registered by bots or any other automated methods are not permitted.

-Unless otherwise specified, each User must register only one account.

-Unless explicitly permitted, a User account may not be shared with other persons.

 Account Termination

Users can terminate their account and stop using the Service at any time by doing the following:

-By using the tools provided for account termination on MyHotDrops.com

-By directly contacting the Hot Drops at customerservice@myhotdrops.com

Account Suspension And Deletion

Hot Drops reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Account Security

You understand and agree that You are solely responsible for maintaining the security of Your Account and control over any user names, passwords, or any other codes that You use to access the Services and/or Platform. Any unauthorized access to Your Account by third parties could result in the loss or theft of NFTs and/or credits held in your Account and any associated accounts, including your outside wallet, linked bank account(s) and/or credit card(s). You understand and agree that you will not hold Hot Drops, Inc. responsible for managing and maintaining the security of your Account. You further understand and agree that We are not responsible (and you will not hold Hot Drops, Inc. responsible) for any unauthorized access to or use of Your Account or any compromise of Your private key. You are responsible for monitoring your Account. You agree to notify us immediately of any unauthorized use of your password, username, other account information, or any other breach of security that you become aware of involving or relating to the Platform and/or Services. Hot Drops, Inc. will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your name, password and/or Account. You can contact Hot Drops, Inc. at: customerservice@myhotdrops.com.

Communication

You agree and understand that We will communicate with You via electronic means. To ensure that You receive all of our communications, You agree to keep Your email address current and notify Us if there are any changes. You agree that any notices, agreements, disclosures, or other communications delivered to Your email address on record are considered valid.

Responsibility For Taxes

You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, the “Taxes”) associated with your use of the website. Except for income taxes levied on us, you: (a) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set, services performed or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments (including Gas Fees) made to us pursuant to these Terms.

SECTION 18 – PAYMENT PROCESSING SERVICES

Payments on myhotdrops.com are processed via 3rd Party and are subject to the Connected Account Agreement, which includes the Terms of Service (collectively, the “3rd Party Services Agreement”). By agreeing to these Terms of Use and/or continuing to utilize the Platform, you agree to be bound by the Services Agreement, which may be modified from time to time. As a condition of myhotdrops.com enabling payment processing services you agree to provide accurate and complete information. myhotdrops.com does not access or share the Personal Data you provide. You agree to 3rd Party Privacy Policy by using our Hot Drops’ Services.

When you provide payment information for purchasing credits, a Subscription, or other Services to 3rd Party, you represent that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize 3rd Party to charge your credit card or to process your payment for any credits, a Subscription, or Services purchased, or other fees incurred by you. You agree to notify 3rd Party promptly of any changes to your credit card account number, its expiration date, and/or your billing address, and you agree to notify myhotdrops.com promptly if your credit card or payment account expires or is canceled for any reason. As the account holder and/or User, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including, but not limited to, your family or friends.

ALL CHARGES INCURRED AND ALL PURCHASES OF CREDITS, SUBSCRIPTIONS AND SERVICES MADE VIA THE SERVICES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS OF USE OR REQUIRED BY APPLICABLE LAW. HOT DROPS RESERVES THE RIGHT AT ANY TIME TO APPLY DISCOUNTS OR OTHER PROMOTIONAL TERMS ON ANY OF ITS SERVICES, AT ITS SOLE DISCRETION.

If payment through the available methods fail or is refused by the payment service provider, Hot Drops shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

SECTION 19 – EUROPEAN UNION USERS

IF YOU ARE A EUROPEAN UNION USER YOU HAVE THE RIGHT TO WITHDRAW FROM A PURCHASE TRANSACTION FOR DIGITAL CONTENT WITHOUT CHARGE AND WITHOUT GIVING ANY REASON UNTIL DELIVERY OF SUCH CONTENT HAS STARTED OR PERFORMANCE OF THE SERVICE HAS COMMENCED. YOU DO NOT HAVE A RIGHT TO WITHDRAW FROM A TRANSACTION OR OBTAIN A REFUND ONCE DELIVERY OF THE CONTENT HAS STARTED OR THE PERFORMANCE OF THE SERVICE HAS COMMENCED, AT WHICH POINT YOUR TRANSACTION IS FINAL. YOU AGREE THAT DELIVERY OF DIGITAL CONTENT, INCLUDING WITHOUT LIMITATION THE ART, AND/OR PERFORMANCE OF THE ASSOCIATED SERVICE, COMMENCES AT THE MOMENT THE DIGITAL CONTENT IS ADDED TO YOUR ACCOUNT OR INVENTORY OR OTHERWISE MADE ACCESSIBLE TO YOU FOR VIEWING OR USE.

SECTION 20 – NOTICES FOR CLAIMS OF COPYRIGHT INFRINGEMENT: DMCA CLAIMS

Hot Drops, Inc. respects the intellectual property rights of others and expects our Users to do the same. To that end, in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, Hot Drops, Inc. has implemented procedures for reporting instances of copyright infringement.

If you are a copyright holder, or its authorized representative, and believe in good faith that content residing or accessible on or through our Platform or Services infringes your copyrighted work, you may submit a notice of copyright infringement, A DMCA notice.

Hot Drops will respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (“DMCA”). We will not actively prevent copyright owners from gathering the necessary information for such notices. For Hot Drops to respond, the complaint must provide, in writing, all the following information:

-A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

-A description of the copyrighted work that you claim has been infringed;

-Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or      access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

-For example, a URL, name of item, blockchain address, transaction has, block number,

-Your address, telephone number and e-mail address;

-A written 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; and

-A statement by you, made UNDER PENALTY OF PERJURY, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please be aware that, pursuant to 17 U.S.C. § 512(f), you may be liable for any damages—including costs and attorneys’ fees incurred by Hot Drops, Inc. or our Users—if you knowingly materially misrepresent that content or activity is infringing. You may therefore wish to seek the advice of legal counsel before submitting a notice of copyright infringement.

It is Hot Drops’ policy, at its discretion, to terminate the accounts of Users who may infringe or repeatedly infringe the copyrights of third parties, Burn any Content Minted to a blockchain, as well as cancel any service that may host the alleged infringer’s NFT.

Please note that we may forward the notice of copyright infringement (or information contained therein), as well as the Complainant’s contact information, to the User who posted the allegedly infringing content. Additionally, if we remove or disable access to the content pursuant to a valid DMCA notice, Hot Drops will notify the User that the content has been removed or disabled.

SECTION 21 – SEVERABILITY

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Authoritative Version Of These Terms

These Terms are drawn up and revised in English. Other language versions of these Terms are for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.

SECTION 22 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 23 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 24 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America.

Venue Of Jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where Hot Drops is based, as displayed in the relevant section of this document.

Exception For European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

UK Consumers

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

US Users

Each party specifically waives any right to trial by jury in any court in connection with any action or litigation.

Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.

Surviving Provisions

This Agreement shall continue in effect until it is terminated by either Hot Drops Inc. or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

-the User’s grant of licenses under these Terms shall survive indefinitely;

-the User’s indemnification obligations shall survive for a period of five years from the date of termination;

-the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Dispute Resolution

Amicable Dispute Resolution 

Users may bring any disputes to the Hot Drops Inc. who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of Hot Drops Inc. or the Service, Users are kindly asked to contact Hot Drops Inc. at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to: customerservice@myhotdrops.com.

Hot Drops, Inc. will process the complaint without undue delay and within 21 days of receiving it. 

Amicable Resolution Of Disputes Between Users

Users may bring disputes with other Users resulting from their interaction via myhotdrops.com to Hot Drops Inc., who will then try to mediate the conflict in order to achieve an amicable solution. While Users’ right to take legal action shall always remain unaffected, if any such controversy between Users should arise in connection with using myhotdrops.com or the Service, Users are kindly asked to contact the Hot Drops, Inc. at: customerservice@myhotdrops.com.

Online Dispute Resolution For Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

Germany: Dispute Resolution Procedure With Consumer Conciliation Boards

Hot Drops Inc. does not participate in alternative dispute resolution procedures for Consumers under the German Verbraucherstreitbeilegungsgesetz.

France: Mediation

Within one year of submitting a written complaint to the Owner regarding any dispute stemming from these Terms, Consumers have the right to initiate a mediation procedure before any mediation body approved by the French Government. The relevant list is available at the following link.

SECTION 25 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 26 – CONTACT INFORMATION

MyHotDrops.com is provided by:

Hot Drops Inc.
Registered Agents Inc.
8 The Grn Ste R
Dover, DE 19901

Questions about the Terms of Service should be sent to us at customerservice@myhotdrops.com.

Latest update: June 28, 2023