Last Updated: September 14th 2025
Drop Station Inc. d/b/a Station (“Drop Station,” “we”, “us”, or “our”) is committed to protecting your privacy. Station is a creator platform that combines community, loyalty, and monetization tools. With Station, creators can host discussions, chat, events, run sweepstakes and rewards programs, sell memberships and digital products, earn sponsorship revenue, and use AI-assisted tools to distribute content and analytics — all under their own brand.
1. Introduction
Welcome to Station, owned and operated by Drop Station Inc. (“Drop Station,” “we,” “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the Drop Station website(s) available at www.station.page, our APIs, mobile app (the “Site”), embeddable apps, and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation using our services to view, explore, and create loyalty programs and a designated community area. “Loyalty Programs” means eligible participants, may earn non-monetary Rewards, which can be redeemed for engagement and certain actions.
In addition, the Service enables creators to offer monetization features including paid memberships, digital products, and sponsorship placements, as well as related storefront and AI-assisted drafting/distribution tools. Station acts solely as a technology platform and is not a party to agreements or transactions between creators, members, or sponsors, and makes no guarantee of sponsorship availability or payment. All creator payouts are facilitated via Stripe Connect as described in Section 6, and Station does not hold funds on behalf of creators.
Certain features of the Service may be subject to additional guidelines, terms, or rules (“Supplemental Terms”), which will be displayed in connection with such features. All such Supplemental Terms are incorporated by reference into this Agreement. If this Agreement is inconsistent with any Supplemental Terms, the Supplemental Terms shall control solely with respect to such services.
For purposes of these Terms, “user”, “you”, and “your” means you as the user of the Service. If you use the Service on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf. Use of sponsorship/advertising tools may require acceptance of the Station Creator Sponsorship Agreement (the “Sponsorship Terms”), which are Supplemental Terms.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. AS OUTLINED IN SECTION 21 BELOW, THEY INCLUDE A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH (WITH LIMITED EXCEPTIONS) REQUIRE ANY DISPUTES BETWEEN US TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION RATHER THAN BY A JUDGE OR JURY IN COURT. BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE. PLEASE BE AWARE THAT SECTION 5 OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US.
PLEASE BE AWARE THAT SECTION 7 OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US.
By submitting data through the Service, you expressly consent to the collection, use and disclosure of your personal data in accordance with this Agreement and any then-current Privacy Policy made available by us. When you interact with communities or services provided by brands (e.g., contests, campaigns, promo code landing pages), Drop Station may process your personal data on behalf of these brands as a data processor under a separate Standard Data Processing Agreement for Brands (‘Brand DPA’). For podcasters, Drop Station acts as the Data Controller, with podcasters processing data under the Creator Data Processing Agreement (‘Creator DPA’).
Station shares personal data with brands/sponsors only in connection with sponsorships and related brand campaigns (not for memberships or digital products), and creators remain responsible for obtaining any consents required for their own off-platform use of personal data. Upon termination of a brand’s account, Drop Station will delete or anonymize Personal Data processed on behalf of the brand within 60 days for co-branded campaigns or 30 days for solely branded campaigns, unless required by applicable law, and may continue to retain and process Personal Data for its own platform services as a Data Controller, as disclosed in the Privacy Policy. Drop Station may contact you directly to facilitate prize distribution for contests, as authorized by the brand.
2. Modification
Drop Station reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. Material changes may include updates relating to new monetization features, changes to payout processing through Stripe Connect, or updates required for compliance with laws governing sweepstakes, contests, and advertising. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.
3. Our service
The Service is a software application made available by Drop Station that allows Podcasts to offer digital experiences to Registered Users to:
(i) hosting discussions, polls, events, and forums;
(ii) running loyalty programs, prize draws, and sweepstakes (see Section 11);
(iii) selling memberships, subscriptions, and digital products;
(iv) earning sponsorship and advertising revenue;
(v) distributing newsletters and content with AI-assisted drafting tools; and
(vi) accessing analytics, storefronts, and link-in-bio tools.
The Service is a software application made available by Drop Station that allows Podcasts to offer digital experiences to Registered Users to (i) host discussions, polls, events, and forums; (ii) run loyalty programs, prize draws, and sweepstakes (see Section 11); (iii) sell memberships, subscriptions, and digital products; (iv) earn sponsorship and advertising revenue; (v) distribute newsletters and content with AI-assisted drafting tools; and (vi) access analytics, storefronts, and link-in-bio tools.
Use of certain Monetization Features requires connecting a valid Stripe Connect account. Station may suspend payouts or restrict features until verification, tax, and compliance obligations are complete. Station does not hold funds on your behalf.
In addition, creators may use Station to run loyalty programs, contests, and sweepstakes subject to applicable laws and these Terms; monetize through sponsorships, advertising placements, and the Station Brand Representative Program (see Section 8); use storefront tools, link-in-bio pages, and integrations to display and sell digital offerings; and draft, distribute, and analyze newsletters and posts using AI-powered tools. Station makes no guarantee of Sponsor availability, campaign demand, or audience purchases, and provides no assurance that creators will earn any minimum revenue. Creators are solely responsible for refunds and compliance with consumer, advertising, and sweepstakes laws when using these features.
4. Accessing Our Service
In order to use certain features of the Service you will need to register for an account on the Service (“Account”). You must be 18 years old or otherwise capable of forming a binding contract to register for an Account. If you are at least 13 years old but under 18 years old, you may only use Drop Station through a parent or guardian’s Account and with their approval and oversight. That account holder is responsible for your actions using the Account. It is prohibited to use our Service if you are under 13 years old.
To access Monetization Features (including but not limited to memberships, digital products, and sponsorships), you must be at least 18 years old and successfully connect a valid Stripe Connect account. You acknowledge and agree that payouts are made exclusively through Stripe Connect, that Station does not hold funds on your behalf, and that your use of Stripe Connect is subject to Stripe’s own agreements and policies.
By creating an Account, you agree to (i) provide accurate, current, and complete Account information about yourself, (ii) maintain and promptly update from time to time as necessary your Account information, (iii) maintain the security of your password and accept all risks of unauthorized access to your Account and the information you provide to us, and (iv) immediately notify us if you discover or otherwise suspect any security breaches related to the Service or your Account. You may not have more than one Account, and Drop Station reserves the right to block multiple Accounts of the same user.
You also represent and warrant that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Service. Without limiting the foregoing, by using the Service, you represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo; and (b) you have not been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties. If you access or use the Service outside the United States, you are solely responsible for ensuring that your access and use of the Service in such country, territory or jurisdiction does not violate any applicable laws.
Drop Station may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, Drop Station, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by Drop Station. If you do not provide complete and accurate information in response to such a request, Drop Station may refuse to restore your access to the Service.
You agree that you will not (i) buy, sell, rent, or lease access to your Account without our written permission; (ii) register or attempt to register for a new Account without our written permission after your Account has been disabled or deleted by us; (iii) share your Account password with anyone; or (iv) log in or try to log in to access the Service through unauthorized third party applications or clients.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Drop Station, in its sole discretion, may elect to take.
You may sign into the Service with or otherwise link your Account to a valid account that you hold through a compatible third-party service (“Third-Party Account”) by allowing Drop Station to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of such Third-Party Account. You represent that you are entitled to disclose your Third Party Account login information to Drop Station and/or grant Drop Station access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Drop Station to pay any fees or making Drop Station subject to any usage limitations imposed by such third-party service providers. By granting Drop Station access to any Third-Party Accounts, you understand that Drop Station may access, make available and store (if applicable) any information, data, text, software, messages, tags and/or other materials accessible through the Service (collectively, “Content”) that you have provided to and stored in your Third-Party Account, solely as permitted by the functionality of the Service and your permission settings in such Third-Party Account. Please note that if a Third-Party Account or associated service becomes unavailable, or Drop Station’s access to such Third-Party Account is terminated by the third-party service provider, then any Content made available from or through such Third-Party Account may no longer be available on and through Service. You may have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing your settings within such Third-Party Account.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND DROP STATION DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
Drop Station makes no effort to review any Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Drop Station is not responsible for any Content.
If you use Station’s contest or sweepstakes features, you remain solely responsible for compliance with applicable laws in your jurisdiction. Station provides tools (including terms generation) for convenience only and does not guarantee legal sufficiency.
Where applicable, your use of the Service may also be subject to the Station Creator Data Processing Agreement or the Station Brand Data Processing Agreement, which are incorporated herein by reference.
Station shares personal data with brands and sponsors only in connection with sponsorships and related brand campaigns. Station does not share Member Data with brands for memberships, digital products, or other creator activities. Creators remain solely responsible for obtaining any consents required for their own off-platform use of personal data. This sharing is further governed by the Station Creator Data Processing Agreement and Station Brand Data Processing Agreement, which are incorporated herein by reference.
5. Consent to Electronic Communication
By creating an Account, you consent to receive electronic communications from Drop Station (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about your Account (e.g., transactional information) and are part of your relationship with us. We may also send you promotional communications via email we think will be of interest to you. You understand that you are not required to provide this consent as a condition of using the Service and you may opt out of these communications through the Service or through your mobile device’s operating system (with the possible exception of important service announcements and administrative messages) by following the unsubscribe instructions provided.
By enabling Monetization Features, you also consent to receive communications relating to payouts, sponsorship campaigns, chargebacks, and tax reporting obligations. These may include payment confirmations, notices of withheld or delayed funds, or requests for compliance information. You acknowledge that these communications are necessary to provide the Service and cannot be opted out of while using Monetization Features.
When you register for an Account, you hereby represent and warrant, to and for the benefit of Drop Station, its affiliates and its and their respective representatives, as follows:
Accuracy of Personal Information. All information provided to Drop Station and/or its third-party designees, including address and social security number or tax ID number, is accurate and complete. None of: (i) you; (ii) any of your affiliates; (iii) any other person having a beneficial interest in you; or (iv) any person for whom you are acting as agent or nominee in connection with this Agreement is: (A) a country, territory, entity or individual named on an OFAC list as provided at http://www.treas.gov/ofac, or a person or entity prohibited under the OFAC programs, regardless of whether or not they appear on the OFAC list; or (B) a senior foreign political figure, or any immediate family member or close associate of a senior foreign political figure.
6. Paid Services And Fees
Certain Services are paid services. This section explains how we handle payments for those paid services. For certain paid services, such as site subscriptions, we’ll automatically bill you in regular intervals (such as monthly or annually) unless you disable auto-renewal or cancel your subscription. You can do that anytime.
6.1. Fees. You can access certain portions of the Services by submitting a fee payment (such services, “Paid Services”). Paid Services will remain in effect until canceled or terminated in accordance with this Agreement. We’ll tell you about fees for Paid Services before charging you. You may cancel Paid Services at any time via the Services. If you don't pay for Paid Services on time, we reserve the right to suspend or cancel your access to the Paid Services.
6.2. Stripe Connect. All Creator payouts for Monetization Features (including memberships, digital products, sponsorships, and brand representative deals) are facilitated exclusively through Stripe Connect. Station does not hold funds on your behalf and is not a money transmitter or financial institution. All payouts are made solely through Stripe Connect once funds have been received from Members or Sponsors, net of applicable fees.
6.3. Refunds. Refunds cannot be issued directly through the Station platform interface. If a Member, customer, or Sponsor requests a refund, they must contact Station directly. Station, in its sole discretion, will determine whether a refund is processed. Creators are solely responsible for honoring their own consumer obligations, but Station will administer any refund transactions on their behalf. Station does not guarantee refunds except as required by law or expressly approved in writing. Where refunds, chargebacks, or reversals occur, Station may deduct the amount from your future payouts or offset it against your balance.
6.4 Taxes. All fees are exclusive of applicable national, provincial, state, local or other taxes (“Taxes”), unless explicitly stated otherwise. You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you're exempt from Taxes, you must provide us with valid tax exemption documentation. We reserve the right to determine if the documentation provided is valid. Tax exemption will, provided we’re satisfied it’s valid and applicable, only apply from and after the date we receive such documentation. If Drop Station has a legal obligation to pay or collect indirect Taxes (such as value-added tax or goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where Drop Station does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country (where you are established, have a permanent address or usually reside).
6.5 Automatic Subscription Renewals. To ensure uninterrupted service, we'll automatically bill you for certain Paid Services from the date you submit your initial payment and on each renewal period or amount afterwards until cancellation. Your renewal period will be equal in time or amount to the renewal period of your current subscription. For example, if you're on a monthly subscription plan, each billable renewal period will be for one (1) month. We’ll automatically charge you the applicable amount using the payment method you have on file with us and by agreeing to this Agreement, you authorize us to do this. We’ll let you know in advance if you’re purchasing a Paid Service that includes auto-renewal payments. You can disable auto-renewal at any time via the Services or your mobile app store provider.
6.6 Refunds for Paid Services. While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required. Some of the Paid Services offer a free trial so you can try out your subscription. Please note applicable statutory rights of cancellation may not result in a refund, as we do not charge for this trial period.
6.7 Fee Changes. We may change our fees at any time. We’ll provide you with advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by canceling the applicable Paid Service before your next payment date.
6.8 Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Customer Care before filing a Chargeback. We reserve our right to dispute any Chargeback.
6.9 Our Payment Processor. We use third party payment processors (each, a “Payment Processor”) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Except for payments made through mobile app stores, our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
6.10 Fees For Third Party Services. Third Party Services purchased via the Services may be subject to different refund or other policies that those Third Party Services determine, and such Third Party Services may be non-refundable. The purchase terms and conditions for such Third Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It's your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. Unless otherwise stated in this Agreement, we don’t offer refunds for purchases of Third Party Services.
6.11 Sponsor Non-Payment. For sponsorship campaigns, Station will use commercially reasonable efforts to collect from Sponsors. If a Sponsor fails to pay Station, creators will not be paid for that campaign. Station does not guarantee payment to creators if sponsors do not pay, but will use reasonable efforts to pursue collection.
7. eCommerce Responsibilities.
The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, “Your eCommerce”). We’re not a party to, and we aren’t liable for, Your eCommerce. You're solely responsible for Your eCommerce, and compliance with any laws or regulations related to it, including without limitation the following:
7.1 Taxes. You're solely responsible for: (a) all Taxes and fees associated with Your eCommerce, including without limitation any Taxes related to the purchase or sale of products or services in connection with Your eCommerce; (b) collecting, reporting and remitting required Taxes to relevant government authorities; (c) informing your End Users of required Taxes, and providing them with invoices as required by applicable law; (d) monitoring distance sales thresholds in the EU and other indirect Taxes (such as value-added tax or goods and services tax) and registration thresholds in the countries where you have customers or where you ship goods to or provide services to; and (e) registering for indirect Taxes in countries where you are required to register. You also agree that any tax estimates, reporting or related materials that we may provide via the Services are for illustration purposes only, and you may not rely on them to comply with your tax obligations. We do not give tax advice, and nothing we communicate should be interpreted as such.
7.2 Fulfillment And Delivery. You're solely responsible for fulfilling and delivering your products and services to your End Users.
7.3 Claims And Warranties. You're solely responsible for any claims or warranties you make in connection with Your eCommerce and any claims made by End Users against you.
7.4 Customer Service. You're solely responsible for handling any comments or complaints related to Your eCommerce, including without limitation any issues related to payments, promotions, refunds or chargebacks. You agree to provide accurate and complete contact information on Your Sites so that your End Users can submit comments or complaints to you.
7.5 Site Terms, Policies And Legal Compliance. In addition to your obligations set forth in the Terms of Service to provide certain policies, you agree to post and make clearly available on Your Sites, and any other terms or policies that may be required by applicable law, and you warrant that Your Sites and Your eCommerce and your conduct will comply with all applicable laws and regulations. You agree that we do not and will not provide any legal advice regarding such terms, policies or compliance.
7.6 Consumer, eCommerce And Other Laws. You are also responsible for complying with any consumer, eCommerce, products, goods, services and related laws.
7.7 eCommerce Restrictions.
You may not offer or sell any products or services which, in our sole discretion: (a) we consider hazardous, counterfeit, stolen, fraudulent, abusive or adverse to our interests or reputation; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, trade secrets, privacy or publicity rights, consumer protection, shipping or transportation, product safety or trade regulations or export controls, regulations or sanctions.
7.8 eCommerce Suspensions. While we’d prefer not to, we may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove your Account, Your Sites or Your eCommerce, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). For example, we may suspend Your eCommerce if you violate our Terms of Service.
8. Monetization and Sponsorships
8.1 Creator Sponsorship Agreement. Certain creators on Station may be eligible to earn money through sponsorships or other monetization features. If you choose to monetize your content on Station (for instance, by enabling sponsorship placements in your posts, newsletters, or emails), you will be asked to agree to our Station Creator Sponsorship Agreement. This agreement supplements these Terms of Service and governs eligibility, disclosure, payment terms, sponsor non-payment risk, content standards, and legal compliance for creators who elect to participate. Participation does not guarantee sponsorships or earnings, and payouts are made solely through Stripe Connect once Station has received funds from the sponsor, net of applicable fees.
8.2 Brand Representative Program. Brand Representative Program. Station also offers a separate program under which Station introduces advertisers and sponsors to creators and facilitates campaigns (the “Brand Representative Program”). Participation in this program is optional and requires acceptance of the Station Representative Agreement. This agreement governs all Station-sourced advertiser deals, including verification requirements, commission structure, payout timelines, sponsor non-payment provisions, termination rights, and morals clauses. Under this program, creators receive 80% of amounts actually collected from brands, with Station retaining a 20% service fee, net of refunds, chargebacks, taxes, or other applicable deductions. Station is under no obligation to remit payment to creators unless and until it has received payment from the brand.
8.3 Distinction Between Agreements. For clarity, the Creator Sponsorship Agreement applies to creators who enable sponsorship placements for their own content or who accept Station-facilitated sponsorships through the platform interface. The Station Representative Agreement applies when Station is directly sourcing and managing advertiser relationships on behalf of creators. Each agreement operates in addition to these Terms and incorporates relevant privacy and data processing provisions.
8.4 No Guarantee of Earnings. Station makes no guarantee that you will receive sponsorships or earn any minimum level of revenue through either program. Your participation is voluntary and all earnings depend on brand demand, your audience engagement, and other market factors.
9. Pricing; Payment
All pricing and fees will be set forth at point of sale. By using the Service you agree to pay all applicable fees. Drop Station reserves the right to adjust its pricing and fees at any time. We will notify you of the pricing and fees which apply to your Transaction when you authorize the Transaction and in each receipt we issue to you. Our fee may include transaction fees to process a Transaction, which we will calculate in our discretion. We will notify you of the total amount of your purchase at or before the time you authorize the Transaction. You are responsible for paying any additional fees charged by your financial services provider. In the event that we receive a payment in an amount less than the total due for the relevant Transaction, we will reject the order, notify you of the reason for the rejection, and (except where otherwise required to comply with applicable law) return the payment less our processing costs.
When a Transaction is initiated through your Account, we will assume that you authorized such Transaction, unless you notify us otherwise. If you believe you did not authorize a particular Transaction or that a Transaction was incorrectly carried out, you must contact us as soon as possible. While we endeavor to assist with unauthorized or erroneous Transactions, we cannot guarantee that we will be able to reverse or correct any Transaction once it has been initiated. You cannot cancel, reverse or change any Transaction marked as complete or pending.
If your payment is not successful, if your Payment Method has insufficient funds or if you reverse a payment made from funds in your bank account, you authorize Drop Station, in its sole discretion, to either cancel the Transaction or to debit your any of your other Payment Methods in any amount necessary to complete the Transaction on its original terms. You agree to make any such payment upon Drop Station’s request.
Drop Station may use third-party payment processors (including Stripe) to process any payment you make to Drop Station, and all Creator payouts for Monetization Features (including memberships, digital products, sponsorships, and brand representative deals) are facilitated exclusively through Stripe Connect. Station does not hold funds on your behalf and is not a money transmitter or financial institution. All payouts are made solely through Stripe Connect once funds have been received, net of service fees, refunds, chargebacks, taxes, and other applicable deductions. Creators acknowledge and agree that Station has no obligation to remit payment until it has first received payment from Members or Sponsors.
All payments to Creators for Monetization Features are handled exclusively through Stripe Connect. Creators must connect their Stripe account to receive payouts. Station does not hold funds, does not advance funds, and is not a money transmitter or financial institution. Station has no obligation to pay Creators until the underlying funds are actually received from Members, Sponsors, or other third parties. Station makes no guarantee of payment in cases of Sponsor default, Member chargebacks, or non-payment. Refunds cannot be issued via the Station interface; any refund requests must be directed to Station directly and may be deducted from a Creator’s future payouts or balance if processed.
You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds (NSF) or similar fees charged by your financial services provider. We reserve the right to refuse to process or to cancel or reverse any Transaction in our sole discretion, even after funds have been debited from your Payment Method(s), if we suspect the Transaction violates this Agreement. In such instances, Drop Station will reverse the Transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or under the same terms as the canceled Transaction.
Drop Station may use a third-party payment processor to process any payment you make to Drop Station. Drop Station may add or change any payment processing services at any time. Such services may be subject to additional terms or conditions. All creator payouts are further subject to the Station Creator Sponsorship Agreement or the Station Representative Agreement, as applicable. In the event of a conflict, those supplemental agreements will control.Drop Station may from time to time make available certain conditional offers, promotional prices, or discounted fees (each, a “Promotion”) to new or existing users of the Service. The rules governing such Promotion will be made available in connection with such Promotion. Drop Station will determine your eligibility for any Promotion in its sole discretion and may change the terms of or terminate a Promotion at any time, with or without notice to you.
10. Ownership
The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Drop Station logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Drop Station or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.
Drop Station’s name, logo, trademarks, and any Drop Station product or service names, designs, logos, and slogans are the intellectual property of Drop Station or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Drop Station” or any other name, trademark or product or service name of Drop Station or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark or trade dress of Drop Station and may not be copied, imitated or used, in whole or in part, without our prior written permission.
We always encourage feedback, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that Drop Station may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Drop Station any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
For clarity, nothing in these Terms transfers ownership of your original content to Station. As set out in the Creator Sponsorship Agreement, you retain ownership of your content, subject only to the limited license granted to Station to host, distribute, and display it (including content containing sponsorship elements). Similarly, all Sponsor-provided materials remain the property of the Sponsor. Station’s ownership rights extend only to the platform and its proprietary features.
11. License to Our Service and Content
You grant, and you represent and warrant that you have all rights necessary to grant, to Drop Station a worldwide, non-exclusive, sublicensable, royalty-free, transferable, limited license to use, modify, host, store, remove, publish, perform, reproduce, transmit, or display User Content that you Submit to the Services in order to facilitate the display and use of Your Content in accordance with the applicable settings specified in your Account and the features of the Services you elect to utilize. Drop Station may use the content in an aggregated manner or for analytics purposes, but not in the manner that specifically identifies you. Drop Station will not intentionally display your content in a manner inconsistent with the applicable sharing settings in your Account or in a manner inconsistent with the published features of the applicable portions of the Services you utilize unless you tell us to.
Drop Station may from time-to-time change or discontinue any or all aspects or features of the Service, including by deactivating or deleting Accounts that Drop Station in its sole discretion determines have been abandoned. In such events, you may no longer be able to access, interact with or, read the data from the Service.
If you participate in Monetization Features (such as the Sponsorship Program or Brand Representative Program), you also grant Drop Station the right to use, reproduce, and display your content (including sponsor integrations and materials) as necessary to provide the Service, fulfill campaign delivery, and verify performance to Sponsors. You further grant Drop Station the right to use your name, likeness, and content for limited promotional purposes in connection with Station’s monetization features, consistent with the Creator Sponsorship Agreement.
12. Third-Party Content and Services
As a white-labeled community and loyalty platform service, Drop Station allows you to redeem rewards and benefits created by third parties. Drop Station does not make any representations or warranties about this third-party content visible through our Service, including any content associated with prize draws, Qualifying Purchase, Qualifying Activity and/or Rewards displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of benefits and rewards that you purchase or redeem from third-party sellers.
We also cannot guarantee that any rewards visible on Drop Station will always remain visible and/or available to be redeemed. Loyalty rewards may be subject to terms directly between buyers and their users with respect to the use of the content and benefits associated with a given prize draw, Qualifying Purchase, Qualifying Activity and/or Reward (“Loyalty Terms”). The buyer and seller are entirely responsible for communicating, promulgating, agreeing to, and enforcing Loyalty Terms. You are solely responsible for reviewing such Loyalty Terms.
The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Drop Station, and may be “open” applications for which no recourse is possible. Drop Station is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Drop Station provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.
When you leave our Service, this Agreement and our terms and policies no longer govern. You should review all applicable agreements and policies, including privacy and data gathering practices, of any Third-Party Properties or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
For clarity, when you engage with content or services provided by brands (e.g., rewards, contests, sweepstakes, or sponsored content) on our platform, Drop Station may process and share your personal data with these brands as necessary to facilitate their offerings. This processing and sharing is governed by a separate Standard Data Processing Agreement for Brands (“Brand DPA”). Similarly, when you engage with podcasts or creators, Drop Station acts as the Data Controller, and podcasters process data under a Standard Data Processing Agreement for Creators (“Creator DPA”). In addition, if you enable monetization features, your content may include Sponsor-provided materials, and those Sponsors retain all rights in their intellectual property. Station’s role is limited to hosting, facilitating delivery, and reporting performance to Sponsors.
13. User Content
Companies/ Podcasts — Your Content:
If you are using the Services on behalf of a company, you may be able to upload, post, or otherwise submit (“Submit”) content. Drop Station claims no ownership of your company content. You or your third-party licensor, as applicable, retain all copyright, patent, and trademark rights to any company content that you post on or through the Services.
Messages:
The Services may allow Users to post messages (“Messages”) to other Users. Drop Station may terminate the ability of any User to post Messages at any time and for any reason, without notice or liability to that User. If a Registered User sends you an objectionable Message, please notify us by sending an e-mail to support@dropstation.io. You agree that Drop Station may monitor Messages for compliance with these Terms, and therefore, Messages are not confidential or proprietary and you understand that any information sent using Messages has been disclosed beyond the parties to the Messages.
Content Generally:
All forms of content that Users share with one another or with Drop Station through our Services are collectively referred to as “User Content.”
Limited License Grant to Other Users:
By posting or sharing User Content with other Users of the Services, you grant those Users a non-exclusive license to share that User Content with their employees, agents, representatives, and advisors, and to access and use that User Content as permitted by these Terms and the functionality of the Services.
Content Disclaimer:
You understand that by using the Services, you may encounter data, information, applications, materials, and other content from third parties, including User Content from other Users (collectively, “Third-Party Materials”), and data, information, applications, materials and other content from Drop Station, that may contain errors, be offensive, indecent, or objectionable. You use the Services, and rely upon any Materials or Services, at your sole risk. Drop Station will not have any liability to you for any Materials may be found to be offensive, indecent, or that are inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Drop Station may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable.
Brand Terms and Conditions:
The Services may enable brands and Podcasts who are forming communities through the Services to present their own terms and conditions and privacy notices to Users participating in their communities. By participating in any such community or by accepting the brand’s terms and conditions and privacy notice online, you thereby signify that you have read and agree to such terms and conditions and privacy notice.
For clarity, Drop Station provides creators with tools (such as sweepstakes terms generators and jurisdiction-specific templates) that may help them draft terms for loyalty programs, sweepstakes, or contests. These terms are provided for convenience only, may vary by jurisdiction, and are not guaranteed to be legally sufficient. Creators remain solely responsible for ensuring their use of such tools is appropriate, and for assuming all risk associated with deploying generated terms. By using these tools, you agree that Drop Station has no obligation to update, monitor, or enforce such generated terms.
Data processing: In connection with these brand communities, Drop Station acts as a data processor on behalf of the brands and processes user data in accordance with a separate Standard Data Processing Agreement for Brands (‘Brand DPA’) executed between Drop Station and the brand. Under this Brand DPA, Drop Station may share your personal data with the brand to enable them to provide their services, manage their communities, and fulfill their obligations to you. Any such data sharing will be conducted in compliance with applicable data protection laws and the terms of the brand’s privacy notice. For podcasts or creators, Drop Station acts as the Data Controller, and podcasters process data under a Standard Data Processing Agreement for Creators (‘Creator DPA’). Upon termination of a brand’s account, Drop Station will delete or anonymize Personal Data processed on behalf of the brand within 60 days for co-branded campaigns or 30 days for solely branded campaigns, unless required by law and may continue to retain and process Personal Data for its own platform services as a Data Controller, as disclosed in the Privacy Policy. Drop Station may contact you directly to facilitate prize distribution for contests, as authorized by the brand.
14. Acceptable Use; Prohibited Activities
You may access, and we grant you a non-exclusive and revocable right to use, our Services in accordance with these Terms of Service and our other Policies. Without limiting the generality of the foregoing, we expressly prohibit you from using our Services, directly or indirectly, in the following manner:
(i) build a competitive product or service, or (ii) copy any ideas, features, functions, or graphics of the Services or outputs.
Using any automated means, including but not limited to robots, spiders, or scrapers, to access or collect data from the Services.
Interfering with or disrupting the integrity or performance of the Services.
Attempting to gain unauthorized access to any portion of the Services, or any other systems or networks connected to the Services.
Using the Services to transmit any material that is unlawful, harassing, abusive, harmful, threatening, vulgar, obscene, or otherwise objectionable.
Using the Services to transmit any viruses, worms, defects, Trojan horses, or any other items of a destructive or harmful nature.
In addition, you agree not to:
Use Monetization Features (including sponsorships and payouts) to engage in fraudulent activity, such as artificially inflating views, clicks, or impressions through bots, scripts, or other deceptive practices.
Promote or distribute content in connection with sponsorships or loyalty programs that violates advertising, sweepstakes, or consumer protection laws (for example, undisclosed paid endorsements, misleading prize promotions, or unlawful contests).
Use the sweepstakes or loyalty program tools provided by Station to create contests or campaigns that are illegal in your jurisdiction, fail to include required disclosures, or otherwise expose Station to regulatory liability.
Circumvent Station’s fee structure or attempt to solicit or accept payments from Sponsors introduced through the Station Brand Representative Program outside of Station’s platform during the non-solicitation period.
We reserve the right to investigate any suspected violations of this Section and take appropriate action, including but not limited to suspending or terminating your account.
Finally, by using the Service, you understand the importance of DYOR – doing your own research. You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any prize draw, Qualifying Purchase, Qualifying Activity and/or Reward that you view or otherwise interact with in conjunction with our Service. We make no guarantees or promises about the identity, legitimacy, or authenticity of any reward, post or account on the Service.
15. User Conduct
You agree that you are solely responsible for your conduct while accessing or using the Service. You agree that you will abide by this Agreement and will not:
Provide false or misleading information to Drop Station;
Use or attempt to use another user’s Account without authorization from such user and Drop Station; Pose as another person or create a misleading username;
Circumvent or attempt to circumvent any limitations or restrictions placed on Promotions offered by Drop Station;
Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner;
Develop, utilize, or disseminate any software, or interact with any API in any manner, that could damage, harm, or impair the Service; Reverse engineer any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;
Attempt to circumvent any content-filtering techniques we employ, or attempt to access any feature or area of the Service that you are not authorized to access; Use any robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data or otherwise interfere with or modify the rendering of Service pages or functionality;
Collect or harvest data from our Service that would allow you to contact individuals, companies, or other persons or entities, or use any such data to contact such entities; Use data collected from our Service for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing);
Bypass or ignore instructions that control all automated access to the Service; Use the Service for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates any applicable law or this Agreement;
Use the Service to carry out any illegal activities in connection with or in any way related to your access to and use of the Service, including but not limited to money laundering, terrorist financing or deliberately engaging in activities designed to adversely affect the performance of the Service;
Additional obligations apply if you use Monetization Features or Loyalty Programs:
You must not misrepresent your audience size, engagement, or reach when applying for sponsorships, campaigns, or Brand Representative Program opportunities.
You must not include sponsor materials in your content unless you have accepted the sponsorship in accordance with the applicable Sponsorship Agreement or Brand Representative Agreement.
You must comply with all applicable laws regarding advertising disclosures and consumer promotions, including sweepstakes and contests. Station provides tools for terms generation, but you remain solely responsible for compliance.
You must not attempt to process refunds or reversals outside of Station’s platform. All refund-related requests must be directed to Station.
You may not solicit Sponsors introduced to you via the Brand Representative Program outside of Station during the applicable non-solicitation period.
Finally, by using the Service, you understand the importance of DYOR – doing your own research. You bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any prize draw, Qualifying Purchase, Qualifying Activity and/or Reward that you view or otherwise interact with in conjunction with our Service. We make no guarantees or promises about the identity, legitimacy, or authenticity of any reward, post or account on the Service.
16. Investigations
If Drop Station becomes aware of any possible violations by you of this Agreement, Drop Station reserves the right to investigate such violations. If, as a result of the investigation, Drop Station believes that any illicit or otherwise criminal activity may have occurred, Drop Station reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Drop Station is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the Service, including Content, in Drop Station’s possession in connection with your use of the Service, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce this Agreement, (iii) respond to any claims that Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Drop Station, its users, or the public, and all law enforcement or other government officials, as Drop Station in its sole discretion believes to be necessary or appropriate.
By agreeing to this Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your use of the Service, including without limitation text, voice, or video communications.
For clarity, Drop Station may also investigate activity related to Monetization Features, sponsorship placements, or loyalty programs, including suspected fraud, misrepresentation of audience data, undisclosed sponsored content, improper use of sweepstakes tools, or attempts to circumvent Station’s fee structure. Station reserves the right to suspend payouts, withhold funds, or terminate participation in monetization programs during or after such investigations.
17. Release
You hereby release and forever discharge Drop Station and our officers, employees, agents, successors, and assigns (the “Drop Station Entities”) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other users of the Service or any Third-Party Properties).
This Release expressly applies to your participation in loyalty programs, sweepstakes, and rewards campaigns, as well as any monetization features (including sponsorships and the Brand Representative Program). You acknowledge that Station is a platform provider and, except as expressly set forth in the Creator Sponsorship Agreement or Representative Agreement, is not responsible for the actions, omissions, or payment obligations of Sponsors, advertisers, or third-party partners.
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, OR ANY SIMILAR LAW OR RULE OF ANY OTHER JURISDICTION, WHICH STATES IN SUBSTANCE: “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.”
18. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Drop Station and the Drop Station Entities from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to this Agreement or your use of the Service, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to ) your use or misuse of the Service or Content or, including, without limitation, any act or omission involving any third party in connection with any prize draws, Qualifying Purchase, Qualifying Activity and/or Reward hereunder; (b) any feedback you provide; (c) your violation of this Agreement; (d) your violation of the rights of any third party, including another user; (e) any breach or non-performance of any covenant or agreement made by you. (f) your failure to comply with advertising, sponsorship, or disclosure requirements in connection with Monetization Features or the Brand Representative Program; and(g) your use of Station’s sweepstakes or contest tools in a way that violates applicable law, fails to include required terms or disclosures, or otherwise exposes Station to liability.
You agree to promptly notify Drop Station of any third-party Claims and cooperate with the Drop Station Entities in defending such Claims. You further agree that the Drop Station Entities shall have control of the defense or settlement of any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND DROP STATION.
19. Disclaimers
THE SERVICE AND CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. DROP STATION (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. DROP STATION DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICE OR ANY CONTENT CONTAINED THEREIN. DROP STATION DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE Drop Station ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, DROP STATION CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY PRIZE DRAWS, QUALIFYING PURCHASE, QUALIFYING ACTIVITY AND/OR REWARD LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
STATION DOES NOT GUARANTEE THAT CREATORS WILL EARN SPONSORSHIPS, GENERATE REVENUE, OR ACHIEVE ANY PARTICULAR RESULTS THROUGH THE SERVICE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSES YOU SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICE. WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF ITEMS, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLET FILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR ITEMS.
Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded under the laws applicable to your jurisdiction. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
20. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL DROP STATION OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF DROP STATION OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DROP STATION ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, PRIZE DRAWS, QUALIFYING PURCHASE, QUALIFYING ACTIVITY AND/OR REWARD, OR ANY DROP STATION PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY DROP STATION FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
For clarity, these limitations apply equally to claims relating to sponsorships, monetization features, payouts, loyalty programs, or sweepstakes facilitated through the Service. Drop Station has no liability for unpaid funds where the underlying payment from a Sponsor, Member, or advertiser has not been received, or for disputes arising from contests, campaigns, or promotions created by users through the Service.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
21. Dispute Resolution; Arbitration.
Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Drop Station and limits the manner in which you can seek relief from us. This section does not govern disputes between users or between users and third parties.. Drop Station does not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly.
Applicability of Arbitration Agreement. You agree that any dispute, controversy, or claim relating in any way to your access or use of the Service, to any products sold or distributed through the Service, or to any aspect of your relationship with Drop Station, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that (1) you or Drop Station may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis; and (2) you or Drop Station may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights.
Dispute resolution process. You and Drop Station both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. You must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution to: Station, Attn: Legal Department, 917 E 16th St, Chattanooga, TN 37408, United States. Both parties agree to meet and confer personally, by telephone, or by videoconference (hereinafter “Conference”) to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If you are represented by counsel, your counsel may participate in the Conference as well, but you agree to fully participate in the Conference. Likewise, if Drop Station is represented by counsel, its counsel may participate in the Conference as well, but Drop Station agrees to have a company representative fully participate in the Conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process and Conference required by this paragraph. If the parties do not reach agreement to resolve the dispute within thirty (30) days after initiation of this dispute resolution process, either party may commence arbitration, file an action in small claims court, or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating to intellectual property infringement, if the claims qualify.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding after participating in the dispute resolution process, you must send a letter requesting arbitration and describing your claim to: Station, Attn: Legal Department, 917 E 16th St, Chattanooga, TN 37408, United States. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and the JAMS Consumer Minimum Standards then in effect; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards then in effect. JAMS’s rules are available at jamsadr.com or by calling JAMS at 800-352- 5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS filing, administrative, hearing, and/or other fees and cannot obtain a waiver from JAMS, Drop Station will pay them for you if you complied with the dispute resolution process set forth above. In addition, Drop Station will reimburse all such JAMS filing, administrative, hearing, and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous or you did not comply with the dispute resolution process set forth above, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses. You may choose to have the arbitration conducted by telephone or videoconference, based on written submissions, in person in your hometown area (if you live in the United States), or at another mutually agreed upon location that is reasonably convenient to you. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Drop Station. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND DROP STATION HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Drop Station are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the second bullet of this Section 20, above (“Applicability of Arbitration Agreement”). An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class Actions and Class Arbitrations. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Drop Station agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state or federal courts located in Chattanooga in the State of Tennessee. All other claims shall be arbitrated.
Severability. Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Drop Station.
Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Drop Station makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing to Drop Station at the following address: Station, Attn: Legal Department, 917 E 16th St, Chattanooga ,TN 37408, United States.
For clarity, disputes arising specifically under the Station Creator Sponsorship Agreement or the Station Representative Agreement shall be governed by the arbitration and dispute resolution provisions set forth in those agreements. In the event of any conflict between this Section 21 and the dispute resolution provisions of those agreements, the provisions of the applicable Sponsorship or Representative Agreement shall control.
22. Governing Law
These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of the State of Tennessee (without regard to conflict of law rules or principles of the State of Tennessee, or any other jurisdiction that would cause the application of the laws of any other jurisdiction). Any dispute between the parties that is not subject to arbitration as set forth in Section 20 or cannot be heard in small claims court, shall be resolved in the state or federal courts located in Chattanooga, Tennessee, USA.
23. Termination
Either of us can end this agreement at any time. This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via the Services and contacting us here.
We reserve the right to change, suspend, discontinue, terminate, restrict, or disable your use of or access to parts or all of the Services or their functionality at any time at our sole discretion and without notice.
For example, we may suspend or terminate your use of part or all of the Services if you violate these Terms or our Acceptable Use Policy.
If you breach any of the provisions of these Terms, all licenses granted by Drop Station will terminate automatically. Additionally, notwithstanding anything contained in these Terms, we reserve the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your Account and/or your ability to access or use the Service (or any part of the foregoing) at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us. We will endeavor to provide you reasonable notice upon suspending or terminating part or all of the Services.
Breach of any Supplemental Terms applicable to your use of the Service—including the Station Creator Sponsorship Agreement and the Station Representative Agreement—constitutes a material breach of these Terms and may result in immediate suspension or termination of your Account and/or access to Monetization Features.
24. Severability
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
25. Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to Drop Station for which monetary damages would not be an adequate remedy and Drop Station shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
26. California Residents
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
27. Export Laws
You agree that you will not export or re-export, directly or indirectly, the Service, and/or other information or materials provided by Drop Station hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
28. Survival
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Drop Station or you. Termination will not limit any of Drop Station’s other rights or remedies at law or in equity.
In addition, any provisions of the Station Creator Sponsorship Agreement and the Station Representative Agreement that by their terms or nature should survive (including, without limitation, payment obligations, fee and chargeback allocations, confidentiality, intellectual property, indemnities, limitations of liability, dispute resolution/arbitration, and governing law) shall survive termination of these Terms and/or the applicable supplemental agreement.
29. Miscellaneous
These Terms constitute the entire agreement between you and Drop Station relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Drop Station, and Drop Station’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect.The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. You and Drop Station agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
30. Contact Information
If you have any questions, complaints, or claims with respect to the Service, please contact us at:Drop Station Inc. d/b/a Station917 E 16th StChattanooga, TN 37408
support@dropstation.io
