Terms & Conditions

Drool Media

INTODUCTION

PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND DROOL MEDIA (“DROOL,” “COMPANY,” “WE,” OR “US”) with a principal place of business at 31 Dunkalli Crescent, Wongaling Beach, Queensland, 4852, Australia. Notwithstanding any language in the Website Terms to the contrary, the Website Terms have the same effect as an agreement in writing and govern your use of this site and its content, your engagement of Drool Media’s services, your request that Drool Media contact you about its services, and/or your participation in Drool Media’s sales, promotion / reward program and services.

These terms and conditions of use (“Terms”) governs and apply to the site “Website”, and all of its divisions, subsidiaries, and affiliate operated Internet sites which reference these Terms of service. By utilizing this website you are required to read and agree to the following terms and conditions herein.

By accessing or using this website with an authorized link to this Agreement, registering an account or accessing or using any content, information, services, features or resources available or enabled via the Website (collectively with the Website, the “Services”), clicking on a button or taking another action to signify your acceptance of this Agreement, you hereby:

  1.  agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services;
  2.  represent you are of legal age in your jurisdiction of residence to form a binding contract; and
  3.  represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services.

Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.

The accompanying terminology applies to these Terms and Conditions, the Privacy Statement and any or all Agreements:
  • Hereinafter, “User”, “you” and “your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
  • Drool Media is hereinafter referred to as“The Company”, “ourselves”, “we” and “us”, the owner of this website www.drool.com.
  • Hereunder, “Party”, “parties”, or “both of us”, denotes to both the user and ourselves, or either the user or ourselves.

You are hereby advised to regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

1.0     ABOUT THE WEBSITE

Drool Media’s primary purpose is to provide a platform (web and mobile apps) that users can use to create and discover recipes that only use plant-based ingredients, and the ability to sign up for and engage in Drool Media’ services.

2.0     USE OF THE SERVICE

Your access to and use of www.drool.com is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

 3.0    CONDITIONS OF USE

You agree, undertake and confirm that your use of drool.com shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information that:

 

  1. belongs to another person and to which You does not have any right to.
  2.  is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic , libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” or misleading in any way.
  3.  is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  4.  harasses or advocates harassment of another person;
  5.  involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
  6. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  7.  infringes upon or violates any third party’s rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
  8.  promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  9.  contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  10.  provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  11.  provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  12.  contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
  13.   tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  14. engages in commercial activities and/or sales without Drool.com ‘s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Sites. Throughout this Terms of Use, Drool.com “prior written consent” means a communication coming from Drool.com Legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;
  15. solicits gambling or engages in any gambling activity which Drool.com , in its sole discretion, believes is or could be construed as being illegal;
  16.  interferes with another user’s use and enjoyment of Drool.com Website or any other individual’s user and enjoyment of similar services;
  17.  refers to any website or URL that, in the sole discretion of Drool.com, contains material that is inappropriate for the Drool.com Website or any other Website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
  18.  harm minors in any way;
  19. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
  20.  violates any law for the time being in force;
  21.  deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  22.  impersonate another person;
  23. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  24.  threatens the unity, integrity, defence, security or sovereignty of Hong Kong, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  25.  shall not be false, inaccurate or misleading;
  26.  shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  27.  shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers

4.0     ACCOUNT REGISTRATION

Users  are  able  to  register  for  an  account  “Account” which  will  enable  them  to  have  access  to  various  sections and features of the website.  As a registered user, you will be able to create recipes, collections of recipes, like, rate, make comments of other users recipes and follow other users or recipe collections.

A.Eligibility:To  access  our  Services  through  our  Website,  you  must  be  a  legal  entity,  or  an  individual  of eighteen(18)  years  of  age  or  older  who  can  form  legally  binding  contracts.  To  become  a  Registered User, you  must  accept  all  of  the  terms  and  conditions  in,  incorporated  by  reference  in,  and  linked  to,  these Terms of Service. By becoming a Registered User, you agree to:

  1. abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website;
  2.  be financially responsible for your use of the Website and the purchase or delivery of services; and
  3.  perform your obligations as specified by any serviceAgreement that you accept, unless such obligations are prohibited by law or by the Terms of Service.
Drool.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone

 

B. Registration: To become a Registered User and to access Services you must register for an Account You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.

 C. Accounts and Profiles:
  1. General: Once you have registered with the Website as a Registered User, the Website will create your Account with Drool.com and associate it with an account number. You may create a profile under your Account.
  2. Username and Password:During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize Drool.com to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.become a Registered User and to access Services you must register for an Account You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.

You further agree that you will not maintain more than one Account for the same Droolservice at any given time. Droolreserves the right to remove or reclaim any usernames at anytime and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Drool.

5.0  LEGAL ADVICE

The contents of Drool.com do not constitute advice and should not be relied upon in making or refraining from making, any decision. All material contained on Drool.com is provided without any or warranty of any kind. You use the material on Drool.com at your own discretion.

6.0  PRIVACY

We view protection of Your privacy as a very important principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers that may be protected by physicalas well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at http://www.drool.com/privacy-policy. If you object to your Information being transferred or used in this way please do not use drool.com Website

7.0  FITNESS, NUTRITION, & HEALTH INFORMATION

Information presented on Drool.com is intended to impart general fitness, nutrition and health information. Drool Media is not engaged in rendering medical advice or services. The information presented on this site is not intended for diagnostic or treatment purposes. You should consult your doctor for medical advice or services, including seeking advice prior to undertaking a new diet or exercise program. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
Please note that few of Drool.com contentsare clearly directed to nutritional and medical professionals and the information contained on these web sites is not intended for general audiences.

8.0 USER CONTENT

8.1 Responsible Party for Content

You  acknowledge  that  all  content  is  the  sole  responsibility  of  the  party  from  whom  such  content  originated.  This  means  that  each  User  is  entirely  responsible  for  all  content  that  that  User  makes  available  through  the  Services,  or  otherwise  provided  to  Drool  Media,  whether  online  or  offline  and  whether or not solicited by Drool Media (“User Content”). Drool Media has no obligation to pre-screen any  content.  You  use  all  User  Content  and  interact  with  other  Users  at  your  own  risk.  Without  limiting  the foregoing, Drool Media reserves the right in its sole discretion to pre-screen, refuse, or remove any content. Drool  Media shall  have  the  right  to  remove  any  content  that  violates  this  Agreement  or  is  otherwise objectionable.

8.2  Ownership of Your Content

Drool Media does not claim ownership of any User Content you make available on the Services (“Your Content”). However, when you as a User post or publish Your Content on or in the Services, you represent that you have all of the necessary rights to grant Drool Media the license set forth in Section 4.3. Except with respect to Your Content, you agree that you have no right or title in or to any content that appears on or in the Services.

8.3  License to Your Content.

Subject to any applicable Account settings that you select, you grant Drool Media, and anyone authorized by Drool Media, an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, copy, display, publicly perform, transmit, modify, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit and use Your Content (in whole or in part) in any manner or medium now existing or hereafter developed (including print and electronic storage) and for any purpose. The foregoing grant includes the right to exploit any proprietary rights in Your Content, including, but not limited to, under copyright, trademark, trade secret, patent or other intellectual property laws that exist in any relevant jurisdiction. In connection with the exercise of these rights, you grant Drool Media, and anyone authorized by Drool Media, the right to identify you as the author of Your Content by name, email address or screen name, as we deem appropriate. You will not receive any compensation of any kind for the use of Your Content. Note that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services.

8.4 Ratings and Reviews.

Ratings and reviews posted by Users on our Services are User Content that is not endorsed by Drool Media and does not represent the views of Drool Media. Drool Media does not assume liability for ratings and reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree:

  1.  to base any rating or review you post only on your first-hand experience with the applicable business, product, or service;
  2. you will not provide a rating or review for any business, product, or service with respect to which you have a competitive, ownership or other economic interest, employment relationship or other affiliation;
  3. you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and
  4. your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.
8.5 Other Restrictions on User Conduct

You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. You shall not (and shall not permit any third-party to) (a) take any action or (b) make available any content on or through the Services that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Drool Media’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (v) impersonates any person or entity, including any employee or representative of Drool Media.

9.0  MOBILE APPLICATION CONTENTS

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Drool Media is owned, controlled or licensed by or to Drool Media, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights an unfair competition laws.

Except as expressly provided in these Terms of Use, no part of Drool Media and no Content may be copied, reproduced, re-published, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Mobile Application or other medium for publication or distribution or for any commercial enterprise, without Drool Media’s express prior written consent.

You may use information on Drool Media products and services purposely made available by Drool Mediafor downloading from the Application , provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, no-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Application s (collectively, “Content”). Such Content will become the property of Drool Media and you grant Drool Media the worldwide, perpetual and transferable rights in such Content. Drool Media shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content you provide. You agree that any Content you post may be used by Drool Media, consistent with our Privacy Policy and Rules of Conduct on Application as mentioned herein, and you are not entitled to any payment or other compensation for such use.

10.0  FEES

We may possibly charge fees for the use of certain portions or aspects of our Services, which will be described in the Services and/or these Terms. Fees are subject to modifications from time to time. You hereby agree that we may charge fees to your credit card or other payment account for such Services and that you will pay all applicable fees assessed to your Account. Our fees do not include charges and rates charged by your mobile carrier, including for data and messaging plans that may be required to use the mobile features of the Services, and you are responsible for the payment of those charges and rates.

 11.0  INTELLECTUAL PROPERTY

Drool Media members remain the original copyright holder in all materials (software and content) provided on the community. Do not use any Drool Media post, images or writings without expressed, written consent by the copyright holder. Use of the material inconsistent with these terms and conditions is prohibited and considered an infringement of the copyrights of the respective holders

12.0 COPYRIGHT POLICY

It is the policy of Drool Media.com to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that Drool Media.com sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to the support page on the website or to our physical address:

Drool Media
www.drool.com
31 Dunkalli Crescent,
Wongaling Beach,
Queensland, 4852,
Australia.
+61 408 768 484
admin@drool.com

 Information required
  1.  An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
  2.  A description of the allegedly infringing work or material;
  3.  A description of where the allegedly infringing material is located on the site (product(s) URL);
  4.  Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
  5.  A statement by you that you have a good faith belief that the disputed use of the material is notauthorized by the copyright or other proprietary right owner, its agent, or the law;
  6.  Identification of the intellectual property rights that you claim are infringed by the Website(e.g. “XYZ copyright”, “ABC trademark, Reg. No. 123456, registered 1/1/04”,etc);

A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DROOL MEDIAEXPRESSLY 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.

DROOL MEDIAMAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

14.0 LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DROOL MEDIASHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DROOL MEDIAHAS 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 SERVICE (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE); (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL DROOL MEDIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF COMMISSIONS THAT YOU HAVE PAID TO DROOL MEDIAAS A SELLER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS (AUD100).

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 SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

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 APPLICABLE SECTIONS

15.0 TRADEMARK, COPYRIGHT AND RESTRICTION

This site is controlled and operated by Drool Media. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Drool Media web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

16.0 NO SPAM POLICY

Drool Media may immediately terminate any account which it determines, in its sole discretion, is transmitting or is otherwise connected with any ‘spam’ or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay Drool Media liquidated damages for each time a spam incident is traced to your Drool Media account. Otherwise you agree to pay Drool Media’s actual damages, to the extent such actual damages can be reasonably calculated.

17.0 THIRD PARTY SERVICES

Drool Media may include services and links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. You also agree that Drool Media will not be liable for any loss or damage of any sort incurred as the result of any such dealings, including the sharing of the information you supply to Drool Media with advertisers or sweepstakes sponsors, or as the result of the presence of such advertisers on the Services.

18.0 INDEMNIFICATION

You agree to indemnify and hold Developerbob.com, its affiliates and their respective officers, directors, partners, employees, or agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:

  1. your access to or use of the Site, Services (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Services );
  2. your connection to the Site, Services ;
  3. your violation of the Terms of Use;
  4. your infringement of any third party’s Intellectual Property Rights when using any of the Software made available on the Site, Services or in any ;
  5. your violation of any rights of any third party;
  6. your access to or use of Linked Sites and your connections thereto; or
  7. any dealings between you and any third parties advertising or promoting via the Site.
19.0 FEEDBACK

You agree that your submission of any ideas, suggestions, documents, and/or proposals to Drool Media (“Feedback”) is at your own risk and that Drool Media has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Drool Media the right to use any Feedback in any way at any time without any additional approval or compensation.

20.0 TERMINATION

Drool Media may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Drool Media account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, account can only be terminated by Drool Mediaif you materially breach this Agreement and fail to cure such breach within thirty (30) days from Drool Medias notice to you thereof; provided that, Drool Media can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

21.0 NOTICES

Any notice required to be given under this Agreement must be given in writing by email, with a hard copy of the notice delivered by personal delivery or sent by a major overnight delivery service, for delivery in either case no later than the close of the second business day following the email notice. Notices will be deemed given on the first business day after the email was sent, as determined by the States Law. Notices sent to Drool Media must be sent to admin@drool.com, with the subject line containing “Legal Notice”, and with the hard copy sent to the address given on the “Contact Us” section of this agreement at www.drool.com (or successor page or site). Notices sent to the Client must be sent to the email address provided by the Client in this Agreement or to such other email address as the Client may from time to time designate by notice, and the hard copy may be sent to the address, if any, provided by the Client for notice purposes or, if the Client has not provided such an address, to any other physical address provided by

22.0 NOTICES OR COMMUNICATION

You agree that Drool.com may provide any notice or communication to you required or permitted under these Terms of Use to any contact information you have provided to Drool.com, including, but not limited to, a mailing address or e-mail address.

23.0 SEVERABILITY

If any provision of these Terms is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

24.0 WAIVER

Any waiver by us of a breach of any provision of these Terms shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use in the future.

25.0 ASSIGNMENT

You agree that you may not assign these Terms or any interest herein including, but not limited to, by sublicensing or delegating any obligation hereunder, without the prior written consent of Drool.com.

26.0 ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us with respect to the subject matter contained herein and supersede all previous agreements, statements and understandings from or between you and us regarding the subject matter contained herein.

27.0 EQUITABLE RELIEF

You acknowledge that any breach or threatened breach of these Terms will result in irreparable harm for which damages would not be an adequate remedy, and therefore that we are entitled to seek immediate equitable relief, including injunctive relief, in addition to our rights and remedies otherwise available at law. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies

28.0 GOVERNING LAW

This Agreement shall be interpreted, construed, and governed by the laws of Queensland, Australia, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

OUR CONTACT

Please send any questions, suggestions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to the support page on the website or to our physical office address: Drool Media -31 Dunkalli Crescent, Wongaling Beach, Queensland, 4852, Aus