OMGDrops website, owned and operated by Awesome Group
(“OMGDrops,” “we,” “us,” “our”) provides its marketplace and services (described below) to you (“you” or
“User") through its website, platform, and marketplace located at omgdrops.com (the “Platform”), subject
to the following Terms of Service (as amended from time to time, the “Terms”).
By signing up for an
account on the Platform or otherwise using or accessing the Platform, you acknowledge that you have read
guidelines, and rules are hereby incorporated by reference into these Terms and expressly agreed to and
acknowledged by the User.
PLEASE READ THESE TERMS OF PLATFORM CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO
ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US
BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST
OMGDROPS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE
ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE,
DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE
AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at
any time. If we do this, we will post the changes on this page and will indicate at the top of this page
the date these terms were last revised. We will also notify you, either through the Platform user
interface, in an email notification or through other reasonable means. Any such changes will become
effective no earlier than fourteen (14) days after they are posted, except that changes addressing new
functions of the Platform will be effective immediately. Your continued use of the Platform and after
the date any such changes become effective constitutes your acceptance of the new Terms of Service.
OMGDrops is a platform for artists (“Creators”) and collectors (“Collectors”) to sell and to purchase on
digital art represented on a non-fungible Ethereum-based tokens (“Digital Artwork”).
OMGDROPS IS A PLATFORM. WE ARE NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. THE SERVICES ARE AN
ADMINISTRATIVE PLATFORM ONLY. OMGDROPS FACILITATES TRANSACTIONS BETWEEN THE BUYER AND SELLER IS NOT A
PARTY TO ANY AGREEMENT BETWEEN THE BUYER AND SELLER OF DIGITAL ARTWORK OR BETWEEN ANY USERS.
The Digital Artwork on OMGDrops is represented on smart contracts on the Ethereum blockchain that
provides an immutable ledger of all transactions that occur on OMGDrops (“Smart Contracts”). This means
that all Digital Artwork is outside of the control of any one party, including OMGDrops, and is subject
to many risks and uncertainties. We neither own nor control MetaMask, Coinbase, the Ethereum network,
your browser, or any other third party site, product, or service that you might access, visit, or use
for the purpose of enabling you to use the various features of the Platform. We will not be liable for
the acts or omissions of any such third parties, nor will we be liable for any damage that you may
suffer as a result of your transactions or any other interaction with any such third parties. The User
understands that your Ethereum public address will be made publicly visible whenever you engage in a
transaction on the Platform.
While OMGDrops offers a marketplace for Digital Artwork, it does not buy, sell, or ever take custody or
possession of any Digital Artwork. The Platform facilitates User collection of Digital Artwork, but
neither OMGDrops nor the Platform are custodians of any Digital Artwork. The User understands and
acknowledges that the Smart Contracts do not give OMGDrops custody, possession, or control of any
Digital Artwork or cryptocurrency at any time for the purpose of facilitating transactions on the
Platform. You affirm that you are aware and acknowledge that OMGDrops is a non-custodial service
provider and has designed this Platform to be directly accessible by the Users without any involvement
or actions taken by OMGDrops or any third-party. As a marketplace, OMGDrops cannot make any
representation or guarantee that Creators will achieve any particular outcome as the result of listing
their Digital Artwork on OMGDrops.
Your Registration Obligations: Anyone can browse OMGDrops without registering for an account. You may be
required to register with OMGDrops in order to access and use certain features on the Platform, such as
participating as a Creator or Collector. If you choose to register for the Platform, you agree to
provide and maintain true, accurate, current, and complete information about yourself as prompted by our
registration form. Registration data and certain other information about you are governed by our Privacy
Policy.Member Account, Password, and Security: You are responsible for maintaining the confidentiality
of your account and password, if any, and are fully responsible for any and all activities that occur
under your password or account. You agree to (a) immediately notify OMGDrops of any unauthorized use of
your password or account or any other breach of security, and (b) ensure that you exit from your account
at the end of each session when accessing OMGDrops. OMGDrops will not be liable for any loss or damage
arising from your failure to comply with this Section. Connecting your Wallet: In order to participate
as a Creator or Collector in the marketplace, you must connect to a browser extension called MetaMask.
MetaMask is an electronic wallet which allows you to purchase , store, and engage in transactions using
the native Ethereum cryptocurrency, ETH. All transactions on OMGDrops are in the native Ethereum
cryptocurrency, ETH.Modifications to the Platform: OMGDrops reserves the right to modify or
discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You
agree that OMGDrops will not be liable to you or to any third party for any modification, suspension, or
discontinuance of the Platform.
When using OMGDrops, no User is allowed to:
manipulate the price of a Digital Artwork in any way, including bidding on your own items,
preventing bidding, or using OMGDrops to conceal economic activity.
email or otherwise upload any content that (i) infringes any intellectual property or other
proprietary rights of any party; (ii) you do not have a right to upload under any law or under
contractual or fiduciary relationships; (iii) contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy
or security risk to any person; (v) constitutes unsolicited or unauthorized advertising,
promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,”
“pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is
unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory,
vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially,
ethnically or otherwise objectionable; or (vii) in the sole judgment of OMGDrops , is
objectionable or which restricts or inhibits any other person from using or enjoying the
Platform, or which may expose OMGDrops or its users to any harm or liability of any type;
interfere with or disrupt the Platform or servers or networks connected to the Platform, or
disobey any requirements, procedures, policies or regulations of networks connected to the
Platform ; or
violate any applicable local, state, national or international law, or any regulations having
the force of law, including but not limited to the U.S. Department of Treasury’s Office of
Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other Users from the Platform
by electronic or other means for the purposes of sending unsolicited emails or other unsolicited
- advertise or offer to sell or buy any goods or services for any business purpose that is not
- further or promote any criminal activity or enterprise or provide instructional information
about illegal activities, including for the purpose of concealing economic activity, laundering
money, or financing terrorism;
- obtain or attempt to access or otherwise obtain any materials or information through any means
not intentionally made available or provided for through the Platform;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index
any portion of the Platform or the content posted on the Platform, or to collect information
about its Users for any unauthorized purpose;
- create user accounts by automated means or under false or fraudulent pretences;
- access or use the Platform for the purpose of creating a product or service that is competitive
with any of our products or services.
OMGDrops maintains complete discretion in selecting the artists in its marketplace, and makes no
guarantees or promises that any artists will be approved as Creators even if OMGDrops solicited the
OMGDrops, after researching the market and finding comparables for your Digital Art, will suggest prices
and quantities (editions). You have to acknowledge the new prices via email or via your dashboard at
OMGDrops will try to sell your art at above or equal price and will ask for authorization for a lower
price. OMGDrops makes no guarantees regarding the price that your Digital Art will finally be sold for.
The Creator owns all legal right, title, and interest in all intellectual property rights underlying the
Digital Artwork minted by the Creator on the Platform, including but not limited to copyrights and
trademarks. As the copyright owner, the Creator has the right to reproduce, prepare derivative Digital
Artwork, distribute, and display or perform the Digital Artwork. Creators hereby acknowledges,
understands, and agrees that selling a Digital Artwork on OMGDrops constitutes an express
representation, warranty, and covenant that the Creator has not, will not, and will not cause another to
sell, tokenize, or create another cryptographic token representing a digital collectible for the same
Digital Artwork, excepting, without limitation, the Creator’s ability to sell, tokenize, or create a
cryptographic token or other digital asset representing a legal, economic, or other interest relating to
any of the exclusive rights belonging to the Creator under copyright law. The Creator hereby
acknowledges, understands, and agrees that launching a Digital Artwork on OMGDrops constitutes an
express and affirmative grant to OMGDrops, its affiliates and successors a non-exclusive, world-wide,
assignable, sublicensable, perpetual, and royalty-free license to make copies of, display, perform,
reproduce, and distribute the Digital Artwork on any media whether now known or later discovered for the
broad purpose of operating, promoting, sharing, developing, marketing, and advertising the Platform, or
any other purpose related to OMGDrops, including without limitation, the express right to: (i) display
or perform the Digital Artwork on the Platform, a third party platform, social media posts, blogs,
editorials, advertising, market reports, virtual galleries, museums, virtual environments, editorials,
or to the public; (ii) create and distribute digital or physical derivative Digital Artwork based on the
Digital Artwork; (iii) indexing the Digital Artwork in electronic databases, indexes, catalogues; and
(iv) hosting, storing, distributing, and reproducing one or more copies of the Digital Artwork within a
distributed file keeping system, node cluster, or other database (e.g., IPFS) or causing, directing, or
soliciting others to do so. Creators expressly represent and warrant that their Digital Artwork listed
on OMGDrops contains only original content otherwise authorized for use by the Creator, and does not
contain unlicensed or unauthorized copyrighted content, including any imagery, design, audio, video,
human likeness, or other unoriginal content not created by the Creator, not authorized for use by the
Creator, not in the public domain, or otherwise without a valid claim of fair use, the Creator further
represents and warrants that it has permission to incorporate the unoriginal content.
Collectors receive a cryptographic token representing the Creator’s Digital Artwork as a piece of
property, but do not own the creative work itself. Collectors may display and share the Digital Artwork,
but Collectors do not have any legal ownership, right, or title to any copyrights, trademarks, or other
intellectual property rights to the Digital Artwork, excepting the limited license to the Digital
Artwork granted by these Terms. Upon collecting a Digital Artwork, Collectors receive a limited,
worldwide, non-assignable, non-sublicensable, royalty-free license to display the Digital Artwork
legally owned and properly obtained by the Collector.
The Collector’s limited license to display the Digital Artwork, includes, but is not limited to, the
right to display the Digital Artwork privately or publicly: (i) for the purpose of promoting or sharing
the Collector’s purchase, ownership, or interest, (ii) for the purpose of sharing, promoting,
discussing, or commenting on the Digital Artwork; (iii) on third party marketplaces, exchanges,
platforms, or applications in association with an offer to sell, or trade, the Digital Artwork; and (iv)
within decentralized virtual environments, virtual worlds, virtual galleries, virtual museums, or other
navigable and perceivable virtual environments.
Collectors have the right to sell, trade, transfer, or use their Digital Artwork, but Collectors may not
make “commercial use” of the Digital Artwork.
The Collector agrees that it may not, nor permit any third party, to do or attempt to do any of the
foregoing without the Creator’s express prior written consent in each case: (i) modify, distort,
mutilate, or perform any other modification to the Work which would be prejudicial to the Creator’s
honor or reputation; (ii) use the Digital Artwork to advertise, market, or sell any third party product
or service; (iii) use the Digital Artwork in connection with images, videos, or other forms of media
that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to
constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Digital
Artwork in movies, videos, video games, or any other forms of media for a commercial purpose, except to
the limited extent that such use is expressly permitted by these Terms or solely for your Collector’s
personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialize
merchandise that includes, contains, or consists of the Digital Artwork; (vi) attempt to trademark,
copyright, or otherwise acquire additional intellectual property rights in or to the Digital Artwork;
(vii) attempt to mint, tokenize, or create an additional cryptographic token representing the same
Digital Artwork, whether on or off of the OMGDrops Platform; (viii) falsify, misrepresent, or conceal
the authorship of the Digital Artwork; or (ix) otherwise utilize the Digital Artwork for the Collector’s
or any third party’s commercial benefit.
Collectors irrevocably release, acquit, and forever discharge OMGDrops and its subsidiaries, affiliates,
officers, and successors of any liability for direct or indirect copyright or trademark infringement for
OMGDrops use of a Digital Artwork in accordance with these Terms.
Platform Content, Software and Trademarks:
You acknowledge and agree that the Platform may
contain content or features (“Platform Content”) that are protected by copyright, patent, trademark,
trade secret or other proprietary rights and laws. Except as expressly authorized by OMGDrops, you agree
not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based
on the Platform or the Platform Content, in whole or in part. In connection with your use of the
Platform you will not engage in or use any data mining, robots, scraping or similar data gathering or
extraction methods. If you are blocked by OMGDrops from accessing the Platform (including by blocking
your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking
your IP address or using a proxy IP address). Any use of the Platform or the Platform Content other than
as specifically authorized herein is strictly prohibited. The technology and software underlying the
Platform or distributed in connection therewith are the property of OMGDrops , our affiliates and our
partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or
otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by
The OMGDrops name and logos are trademarks and service marks of OMGDrops (collectively the “OMGDrops
Trademarks”). Other company, product, and service names and logos used and displayed via the Platform
may be trademarks or service marks of their respective owners who may or may not endorse or be
affiliated with or connected to OMGDrops. Nothing in this Terms of Service or the Platform should be
construed as granting, by implication, estoppel, or otherwise, any license or right to use any of
OMGDrops Trademarks displayed on the Platform, without our prior written permission in each instance.
All goodwill generated from the use of OMGDrops Trademarks will insure our exclusive benefit.
Third Party Material:
Under no circumstances will OMGDrops be liable in any way for any content
or materials of any third parties (including users), including, but not limited to, for any errors or
omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any
such content. You acknowledge that OMGDrops does not pre-screen content, but that OMGDrops and its
designees will have the right (but not the obligation) in their sole discretion to refuse or remove any
content that is available via the Platform . Without limiting the foregoing, OMGDrops and its designees
will have the right to remove any content that violates these Terms of Service or is deemed by Platform,
in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any content, including any reliance on the accuracy, completeness, or
usefulness of such content.
User Content Transmitted Through the Platform:
With respect to the content, Digital Artwork, or
other materials you upload through the Platform or share with other users or recipients (collectively,
“User Content”), you represent and warrant that you own all right, title and interest in and to such
User Content, including, without limitation, all copyrights and rights of publicity contained therein.
By uploading any User Content you hereby grant and will grant OMGDrops and its affiliated companies a
nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual,
irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your
User Content in connection with the operation of the Platform or the promotion, advertising or marketing
thereof in any form, medium or technology now known or later developed.
Any questions, comments, suggestions, ideas, feedback or other information about the Platform
(“Submissions”), provided by you to OMGDrops are non-confidential and OMGDrops will be entitled to the
unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise,
without acknowledgment or compensation to you.
OMGDrops may preserve content and may also disclose content if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal
process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to
claims that any content violates the rights of third parties; or (d) protect the rights, property, or
personal safety of OMGDrops , its users and the public. You understand that the technical processing and
transmission of the Platform, including your content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting networks or
OMGDrops respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way that constitutes copyright
infringement, or that your intellectual property rights have been otherwise violated, you should notify
OMGDrops of your infringement claim in accordance with the procedure set forth below.
OMGDrops will process and investigate notices of alleged infringement and will take appropriate actions
under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with
respect to any alleged or actual infringement. A notification of claimed copyright infringement should
be emailed to OMGDrops’ Copyright Agent at email@example.com (Subject line: “DMCA Takedown
Request”). To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been
- a description of where the material that you claim is infringing is located on the Platform,
with enough detail that we may find it on the Platform;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by
the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is
accurate and that you are the copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner’s behalf.
If you believe your User Content that was removed (or to which access was
disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright
owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send
a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the
location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a
result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the
jurisdiction of the federal court located within Northern District of California and a statement
that you will accept service of process from the person who provided notification of the alleged
If a counter-notice is received by the Copyright Agent, OMGDrops will send a copy of the counter-notice
to the original complaining party informing that person that it may replace the removed content or cease
disabling it in 10 business days. Unless the copyright owner files an action seeking a court order
against the content provider, member or user, the removed content may be replaced, or access to it
restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole
discretion.Repeat Infringer Policy: In accordance with the DMCA and other applicable law, OMGDrops has
adopted a policy of terminating, in appropriate circumstances and at OMGDrops’ sole discretion, Users
who are deemed to be repeat infringers. OMGDrops may also at its sole discretion limit access to the
Platform and/or terminate the memberships of any users who infringe any intellectual property rights of
others, whether or not there is any repeat infringement.
Creators expressly agree to refund to the Collector and/or OMGDrops the entire portion of Fees received
from the sale of a Digital Artwork that was subsequently removed from the Site pursuant to an effective
DMCA request to which the Creator failed to timely submit an effective DMCA Counternotification.
OMGDrops not be held liable to any User for removing allegedly infringing works from the Platform or
otherwise fulfilling its legal obligations under the DMCA. Creators, Collectors, and all Users expressly
agree to cooperate and timely respond to OMGDrops’ investigations, requests, and inquiries related to
DMCA disputes or allegations of infringement. Users agree to initiate a “burn” transaction upon
OMGDrops’ request for Digital Artwork that have been permanently removed from the OMGDrops marketplace
pursuant to a valid DMCA Take-Down Notice, or that are otherwise alleged to be infringing.
OMGDrops will try to its best ability to collect any fees, commissions, or royalties for transactions
occurring outside of OMGDrops through transactions that took place on the Ethereum Blockchain. Users
irrevocably releases, acquits, and forever discharges OMGDrops and its subsidiaries, affiliates,
officers, and successors of any liability for royalties, fines, or fees not received from any off-market
transaction. All transactions on OMGDrops, including without limitation minting, tokenizing, bidding,
listing, offering, purchasing, or confirming, are facilitated by smart contracts existing on the
Ethereum network. The Ethereum network requires the payment of a transaction fee (a “Gas fee”) for every
transaction that occurs on the Ethereum network, and thus every transaction occurring on OMGDrops. The
value of the Gas Fee changes, often unpredictably, and is entirely outside of the control of OMGDrops.
The User acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other
transaction on OMGDrops be invalidated, revocable, retractable, or otherwise unenforceable on the basis
that the Gas Fee for the given transaction was unknown, too high, or otherwise unacceptable.
OMGDrops will try to provide its best effort to report transactions to creators. Users are responsible
to pay any and all taxes on sales, use, value-added and other, duties, and assessments now or hereafter
claimed or imposed by any governmental authority, “associated with your use of OMGDrops (including,
without limitation, any taxes that may become payable as the result of your ownership, transfer,
purchase, sale, or creation of any artworks).
governs the Platform and informs Users of our data collection practices.
Indemnity and Release: You agree to release, indemnify and hold OMGDrops and its affiliates and their
officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and
all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind
and injury (including death) arising out of or relating to your use of the Platform, any User Content,
your connection to the Platform, your violation of these Terms of Service or your violation of any
rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold
harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result
of any action or inaction of such Indemnitee. If you are a California resident, you waive California
Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or
releasing party does not know or suspect to exist in his or her favor at the time of executing the
release and that, if known by him or her, would have materially affected his or her settlement with the
debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable
statute or doctrine.
Disclaimer of Warranties: Platform transactions, including but not limited to primary sales, secondary
market sales, listings, offers, bids, acceptances, and other operations utilize experimental smart
contract and blockchain technology, including non-fungible tokens, cryptocurrencies, consensus
algorithms, and decentralized or peer-to-peer networks and systems. Users acknowledge and agree that
such technologies are experimental, speculative, and inherently risky and may be subject to bugs,
malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the Ethereum
blockchain (i.e., "forks"), which can adversely affect the smart contracts and may expose you to a risk
of total loss, forfeiture of your digital currency or Digital Artwork, or lost opportunities to buy or
sell Digital Artwork.
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. OMGDROPS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
OMGDROPS MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE PLATFORM WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, PLATFORMS, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT OMGDROPS WILL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS
INCLUDING BUT NOT LIMITED TO, LOSS IN VALUE OF ANY DIGITAL ARTWORK, DAMAGES FOR LOSS OF GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OMGDROPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE
OR THE INABILITY TO USE THE PLATFORM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORMS
RESULTING FROM ANY DIGITAL ARTWORK, GOODS, DATA, INFORMATION OR PLATFORMS PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (III) UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE PLATFORM. IN NO EVENT WILL OMGDROPS’ TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID OMGDROPS IN THE LAST
SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE PLATFORM OR WITH THESE TERMS OF PLATFORM, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND
“LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE
OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW
JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE
You agree that OMGDrops, in its sole discretion, may suspend or terminate your account (or any part
thereof) or use of the Platform and remove and discard any content within the Platform, for any reason,
including, without limitation, for lack of use or if OMGDrops believes that you have violated or acted
inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or
illegal activity that may be grounds for termination of your use of Platform, may be referred to
appropriate law enforcement authorities. OMGDrops may also in its sole discretion and at any time
discontinue providing the Platform, or any part thereof, with or without notice. You agree that any
termination of your access to the Platform under any provision of this Terms of Service may be effected
without prior notice, and acknowledge and agree that OMGDrops may immediately deactivate or delete your
account and all related information and files in your account and/or bar any further access to such
files or the Platform. Further, you agree that OMGDrops will not be liable to you or any third party for
any termination of your access to the Platform.
In that case, OMGDrops will forfeit any future revenue generated from your resales.
We do not get involved with User disputes.
You agree that you are solely responsible for your interactions with any other Users in connection with
the Platform and OMGDrops will have no liability or responsibility with respect thereto. OMGDrops
reserves the right, but has no obligation, to become involved in any way with disputes between you and
any other user of the Platform.
General Legal Terms
These Terms of Service constitute the entire agreement between you and OMGDrops and govern your use of
the Platform, superseding any prior agreements between you and OMGDrops with respect to the Platform.
You also may be subject to additional terms and conditions that may apply when you use affiliate or
third party services, third party content or third party software. These Terms of Service will be
governed by the laws of the State of California without regard to its conflict of law provisions. With
respect to any disputes or claims not subject to arbitration, as set forth above, you and OMGDrops agree
to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los
Angeles County, California. The failure of OMGDrops to exercise or enforce any right or provision of
these Terms of Service will not constitute a waiver of such right or provision. If any provision of
these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected
in the provision, and the other provisions of these Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Platform or these Terms of Service must be filed within one (1) year
after such claim or cause of action arose or be forever barred. A printed version of this agreement and
of any notice given in electronic form will be admissible in judicial or administrative proceedings
based upon or relating to this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed form. You may not assign
this Terms of Service without the prior written consent of OMGDrops, but OMGDrops may assign or transfer
this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of
Service are for convenience only and have no legal or contractual effect. Notices to you may be made via
either email or regular mail. The Platform may also provide notices to you of changes to these Terms of
Service or other matters by displaying notices or links to notices generally on the Platform.
the Platform, you consent to our collection and use of personal data as outlined therein.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Platform from California are entitled to the
following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer
Platforms of the California Department of Consumer Affairs may be contacted in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
a. Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the
“Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise
between you and OMGDrops, whether arising out of or relating to this Terms of Service (including any
alleged breach thereof), the Platforms, any advertising, any aspect of the relationship or transactions
between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in
accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in
small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you
from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if
the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of
Service, you and OMGDrops are each waiving the right to a trial by jury or to participate in a class
action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal
Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND OMGDROPS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS
AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
UNLESS BOTH YOU AND OMGDROPS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE
PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,
REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY,
INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE
EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY
PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE
EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
c. Pre-Arbitration Dispute Resolution
OMGDrops is always interested in resolving disputes amicably and efficiently, and most customer concerns
can be resolved quickly and to the customer’s satisfaction by emailing customer support at
firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must
first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to
OMGDrops should be sent to 1267 Willis St, STE 200, Redding, CA 96001. (“Notice Address”). The Notice
must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief
sought. If OMGDrops and you do not resolve the claim within sixty (60) calendar days after the Notice is
received, you or OMGDrops may commence an arbitration proceeding. During the arbitration, the amount of
any settlement offer made by OMGDrops or you shall not be disclosed to the arbitrator until after the
arbitrator determines the amount, if any, to which you or OMGDrops is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration
Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules
(collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA,
please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer
disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/ as may be updated from
time to time. If there is any inconsistency between any term of the AAA Rules and any term of this
Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the
arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not
result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these
Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not
limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration
Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and
other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis
that a court can award to an individual under the Terms of Service and applicable law. Decisions by the
arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless OMGDrops and you agree otherwise, any arbitration hearings will take place in a reasonably
convenient location for both parties with due consideration of their ability to travel and other
pertinent circumstances. If the parties are unable to agree on a location, the determination shall be
made by AAA. If your claim is for $10,000 or less, OMGDrops agrees that you may choose whether the
arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a
telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds
$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which
the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to
explain the essential findings and conclusions on which the award is based.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be
strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other
than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized
Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a
term or provision that is valid and enforceable and that comes closest to expressing the intention of
the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as
so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above
titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or
unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such
provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive
relief. The remainder of the Terms of Service will continue to apply.
g. Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, OMGDrops agrees that if it makes
any future change to this Arbitration Agreement (other than a change to the Notice Address) while you
are a user of the Platforms, you may reject any such change by sending OMGDrops written notice within
thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future
change, you are agreeing that you will arbitrate any dispute between us in accordance with the language
of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any
subsequent changes to these Terms of Service).