Your use of the Web Sites and Chat interactions (as defined below) constitutes your consent to these Terms of Service (the “Agreement”).
This Agreement is between you and DroneUp concerning your use of (including any access to) sites currently located at the list of URLs found in Section 26 (together with any materials and services available therein, and any successor site(s) thereto, the “Web Apps” or "Apps"). This Agreement hereby incorporates by this reference any additional terms and conditions posted by DroneUp through the Apps or otherwise made available to you by DroneUp.
BY USING THE APPS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT. OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT. IF YOU ARE AN INDIVIDUAL ACCESSING OR USING THE APPS ON BEHALF OF, OR FOR THE BENEFIT OF, ANY CORPORATION, PARTNERSHIP OR OTHER ENTITY WITH WHICH YOU ARE ASSOCIATED (AN “ORGANIZATION”), THEN YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF YOURSELF AND SUCH ORGANIZATION, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION TO THIS AGREEMENT. REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT WILL REFER TO BOTH THE INDIVIDUAL ACCESSING THE APPS AND TO ANY SUCH ORGANIZATION.
1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Apps. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Apps following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Apps (including access to the Apps via any third-party links); charge, modify or waive any fees required to use the Apps; or offer opportunities to some or all Apps users.
2. Safety. Your use of the Apps is at your sole risk. You are solely responsible for the safe and legal operation of any drone or unmanned aerial vehicle (collectively, “UAV”). It is your responsibility to exercise reasonable judgment when evaluating whether or not it is safe or legal to operate a UAV at a given time or place. You are responsible for consulting with official sources and complying with all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the use, operation, or piloting of UAVs.
Any and all maps, data and flight restrictions provided through the Apps (a) may contain inaccuracies and are provided for informational purposes only, (b) do not constitute an official aeronautical source, (c) are not exhaustive and (d) may not be updated regularly or monitored for compliance. Even though the Apps may designate a map area as open or free of flight restrictions, this does not mean that we recommend that area for drone flight and we cannot guarantee that you may legally operate your UAV within that area.
The Apps are not intended for use in, and you may not use the Apps for, the operation of manned aircraft navigation or communication systems, air traffic control systems, life support machines or other equipment in which the failure of the Apps could lead to death, personal injury, or severe physical or environmental damage.
4. Jurisdictional Issues. The Apps are controlled or operated (or both) from the United States, and are not intended to subject DroneUp to any non-U.S. jurisdiction or law. The Apps may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Apps is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Apps’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
5. Rules of Conduct. In connection with the Apps, you must not:
- Post, transmit or otherwise make available through or in connection with the Apps any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Apps any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
- Use the Apps for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Apps.
- Interfere with or disrupt the operation of the Apps or the servers or networks used to make the Apps available, including by hacking or defacing any portion of the Apps; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Apps.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Apps except as expressly authorized herein, without DroneUp’s express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Apps, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Apps.
- Frame or mirror any portion of the Apps, or otherwise incorporate any portion of the Apps into any product or service, without DroneUp’s express prior written consent.
- Systematically download and store App content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather App content, or reproduce or circumvent the navigational structure or presentation of the Apps, without DroneUp’s express prior written consent.
You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Apps.
6. Products. The Apps may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available by DroneUp or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Apps of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
7. Transactions. We may make available the ability to purchase or otherwise obtain certain Products through the Apps (a “Transaction”). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner.
DroneUp reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Product; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. Refunds and exchanges will be subject to DroneUp’s applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the Apps, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.
Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Apps. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
8. Registration, User Names and Passwords. You may need to register to use all or part of the Apps. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not DroneUp, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your App account.
9. Profiles and Forums. App visitors may make available certain materials (each, a “Submission”) through or in connection with the Apps, including on profile pages or on the Apps’ interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality and the completion of any missions. DroneUp has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE APPS, YOU DO SO AT YOUR OWN RISK.
10. Assignment. You acknowledge that all Submissions which are made by you (solely or jointly with others) within the scope of and as a result of using the App or completing missions on behalf of DroneUp and which are protected by copyright are “works made for hire,” as that term is defined in the United States Copyright Act. You shall not incorporate any invention, original work of authorship, development, concept, improvement, or trade secret owned, in whole or in part, by any third party, into any Submission without DroneUp’s prior written permission. To the extent such works are determined not to be works made for hire, you hereby assign to DroneUp all of your right, title, and interest in and to any and all Submissions. Any of the foregoing assignments of Inventions shall include all rights of attribution, paternity, integrity, modification, disclosure, withdrawal, and any similar rights throughout the world that may be known as, or referred to as moral rights, artist’s rights, droit moral, etc. (collectively, “Moral Rights”). To the extent any Moral Rights cannot be assigned under applicable law, you hereby waive and agree not to enforce such Moral Rights.
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Apps or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place DroneUp under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the Assignment granted in this section, and that your Submissions, and your provision thereof through and in connection with the Apps, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party.
11. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Apps, or analyze your access to or use of the Apps. We may disclose information regarding your access to and use of the Apps, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
12. Your Limited Right to Use the Apps. Subject to your compliance with this Agreement, and solely for so long as you are permitted by DroneUp to use the Apps, you may view one (1) copy of any portion of the Web Apps to which we provide you access under this Agreement, on any single device. The Web Apps are licensed (not sold) to end users.
13. DroneUp’s Proprietary Rights. DroneUp owns the Apps, which are protected by proprietary rights and laws. Our trade names, trademarks and service marks include DroneUp and any associated logos. All trade names, trademarks, service marks and logos on the Apps not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Apps should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
The Apps may contain certain open source and third-party software components (collectively, “Third-Party Components”). Each Third-Party Component is licensed under the Third-Party Component’s applicable license agreement (“Third-Party License”). Nothing in the Agreement is intended to modify the user’s rights or obligations with respect to any Third-Party Component set forth in the applicable Third Party License.
Any fees charged by DroneUp in connection with the Apps do not apply to any Third-Party Components for which fees may not be charged under the applicable Third-Party License. To the extent that this Agreement contains any warranty, support, indemnity or liability terms or any other terms and conditions not included in the applicable Third-Party License, these terms and conditions are not offered by or made on behalf of any third party author, developer, or contributor of the applicable Third-Party Components. Where the terms of any specific Third-Party License entitle a licensee to the source code of the applicable Third Party Component, that source code is available from DroneUp upon request at [email protected]. A nominal fee may be charged by DroneUp for processing such request.
14. Third Party Materials; Links. Certain App functionalities may make available access to or incorporate information, products, services and other materials made available by third parties, such as airspace mapping data derived from aviation authorities, airspace information providers, government agencies, municipalities, or other sources, and Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by DroneUp with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Apps at any time. In addition, the availability of any Third Party Materials through the Apps does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
16. Safety. It is your responsibility to consult official sources and exercise reasonable judgment when evaluating whether or not is safe or legal to fly a UAV at a given time or place. The fact that the Apps may report there is no flight restriction in effect is not a guarantee that it is safe or legal to operate a UAV. These resources are provided for informational purposes only and are not considered official aeronautical sources. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the use, operation, or piloting of UAVs.
17. DISCLAIMER OF WARRANTIES. THE APPS AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. DRONEUP DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE APPS AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH DRONEUP AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
DRONEUP MAKES NO WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, AS TO THE ACCURACY OF INFORMATION THAT IS PROVIDED BY DRONEUP OR MADE AVAILABLE BY AVIATION AUTHORITIES, AIRSPACE INFORMATION PROVIDERS, GOVERNMENT AGENCIES, STATES, MUNICIPALITIES, OR OTHER PUBLICLY AVAILABLE SOURCES, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY.
While we try to maintain the timeliness, integrity and security of the Apps, we do not guarantee that the Apps are or will remain updated, complete, correct or secure, or that access to the Apps will be uninterrupted. The Apps may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Apps. If you become aware of any such alteration, contact us at [email protected] with a description of such alteration and its location on the Apps.
18. LIMITATION OF LIABILITY. DRONEUP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, DRONEUP WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APPS OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPS OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE APPS. THE MAXIMUM AGGREGATE LIABILITY OF DRONEUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO DRONEUP TO USE THE APPS OR $100. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH DRONEUP AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
19. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless DroneUp and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Apps (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
20. Termination. This Agreement is effective until terminated. DroneUp may terminate or suspend your use of the Apps at any time and without prior notice, for any or no reason, including if DroneUp believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Apps will immediately cease, and DroneUp may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2–11 and 13–27 shall survive any expiration or termination of this Agreement.
21. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the Commonwealth of Virginia, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND DRONEUP WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT DRONEUP AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
22. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (https://kids.getnetwise.org/) and OnGuard Online (https://onguardonline.gov/). Please note that DroneUp does not endorse any of the products or services listed on such sites.
23. Information or Complaints. If you have a question or complaint regarding the Apps, please send an e-mail to [email protected]. You may also contact us by writing to 160 Newtown Road, Suite 500, Virginia Beach, VA 23236, or by calling us at (757)-337-2125. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. Virginia residents may reach the Complaint Assistance Unit of the Division of Consumer Protection of the Virginia Department of the Attorney General by mail at 202 North Ninth street, Richmond, Virginia 23219, or by telephone at (804) 786-2042 or 1-800-552-9963.
24. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Apps infringe your copyright, you (or your agent) may send to DroneUp a written notice by mail or e-mail requesting that DroneUp remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to DroneUp a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to DroneUp as follows: By mail to 160 Newtown Road, Suite 500, Virginia Beach, VA 23236; by e-mail to [email protected]. DroneUp’s phone number is (757)337-2125.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
25. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
26. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and DroneUp. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and DroneUp relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and DroneUp relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Apps or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. DroneUp will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
List of URLs.
You hereby acknowledge and agree that you are solely responsible for all materials that you approve for publishing, display, and distribution by us , or that you post, publish or distribute, including without limitation, advertisements prepared by us for you (including all information, trademarks, and photographs contained in such advertisements), information, data, text, software, links, photographs, pictures, graphics, video, messages, files and any other materials. You represent, warrant and agree that no content that you approve for publishing, display, and distribution by us, or submitted by you or through your account, will: violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; contain libelous or defamatory material; or violate or encourage violation of any applicable, laws, regulations, rules, professional codes, codes of ethics, administrative laws, codes of conduct or standards (including, without limitation, rules, standards or codes of conduct for non-governmental or quasi-governmental associations), e.g., federal, state, or local laws, regulations, rules, professional codes, codes of ethics, or administrative laws.
Specifically, by paying us to publish and distribute any mission, notification, or advertisement prepared by us for you, you are approving the publishing of such information and content by us on your behalf. You represent and warrant that you have all legal rights necessary to publish and distribute (or necessary to have us publish and distribute) any content or that you own such content. You represent and warrant that the advertisement prepared by us for you will comply with all applicable laws, rules, and regulations.
Certain parts of the Site may be accessed and used without charge. For use of certain Services, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof. Fees vary by Service. Current fee schedules are available on the Site. You are responsible for payment of all applicable fees incurred by your Site account. All fees due from you to us hereunder, including to the extent applicable, quarterly subscription fees, annual subscription fees, one-time product purchase fees, recurring fees, quarterly and annual renewal fees, third-party fees, applicable taxes, and charge-back fees are referred to herein as “Service Fees”. A full breakdown of applicable Service Fees is available upon request.
You agree that we may charge all Service Fees to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided during your order process. You are responsible for the timely payment of all Service Fees at the time the Services are ordered by you. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately discontinue providing Services to you. Purchases will appear on your credit or debit card statements as “DroneUp“, “Hooglu*”, or “DroneUp*.” You agree not to cause your credit or debit card company to reverse or “charge back” any Service Fees charged in accordance with these Terms and Conditions; and in the event you do so, we may terminate your use of the Site and Services, and you agree to reimburse us for any costs incurred in responding to such charge back, including, without limitation, our actual costs paid to the credit or debit card company, including charge back fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.
27. Refund Policy. Mission Alerts and Social Media notifications are processed immediately. As such, our costs to provide the Services are incurred immediately preventing us from offering any refunds outside of the specific cases outlined below:
- System Malfunction. To be considered a valid “system malfunction” the user must report the issue immediately to [email protected] and the system malfunction must be verified by us. The final determination as to whether a report qualifies as a system malfunction is at our sole and absolute discretion. We are a Mission Alert Notification System. The Services are functioning properly when they publish mission notification to all eligible community users in the appropriate geographic region. We cannot guarantee mission acceptance for mission completion. Lack of mission completion is not a system malfunction.
- Billing error. If you are erroneously billed at any time during mission order or processing.
We are not responsible for any incorrect or inaccurate content published on the Site or in connection with the Services, including User Content published by users (or published by us on behalf of users) of the Site or the Services. We are not responsible for the conduct, whether online or offline, of any user of the Site. The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or the Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person’s computer related to or resulting from participating or downloading materials in connection with the Site or the Services.