DRONE PALS CONTRIBUTOR LICENSE AGREEMENT
This Drone Pals Contributor License Agreement (“Agreement”) is between Drone Pals LLC (“Drone Pals”) and the other individual or entity signing (including by electronic signature or clicking “I agree” or taking a similar action) this Agreement (“you”) (collectively, the “Parties). This Agreement applies to all content that you have previously submitted and, in the future, will submit, that is accepted for distribution by Drone Pals (“User Content”). This Agreement supersedes and cancels all previous agreements you have entered into with Drone Pals related to the distribution of User Content, other than the Drone Pals Terms of Service, and the Drone Pals Privacy Notice.
SECTION 1. RIGHTS AND ROYALTIES
1.1 License Grant to Drone Pals. By submitting any User Content to Drone Pals, you grant Drone Pals a worldwide, perpetual, irrevocable, non-exclusive, sublicensable right to use, copy, reproduce, rebrand, display, transmit, broadcast, modify, alter, create derivative works of and publish the whole or part of any User Content (as defined below) that you submit to Drone Pals. These rights may be exercised via any analog or digital means of communication now known or hereafter devised including without limitation via print, websites, other electronic formats, mobile devices, TV, cinema, exhibitions; and, subject to applicable laws, may be used for any purpose of any nature including without limitation for advertising, publicity, promotions, graphic design, marketing within and on products, corporate communications, press articles, press releases, brochures, reports, décor, programs and films. Drone Pals may sublicense or authorize any third party distributors (“Distributors”), any customer who licenses User Content from Drone Pals or a Distributor (“Customers”) and their customers to exercise the rights described in this Section 1. Drone Pals and Distributors will determine the terms and conditions of all licenses of User Content granted by them, but will not knowingly use or license User Content for uses that are defamatory, pornographic or otherwise illegal and will use commercially reasonable efforts to stop any such use by Customers brought to their attention. Drone Pals and Distributors may determine how User Content may be marketed and may stop marketing or licensing it at any time. If Drone Pals notifies you that it has permanently stopped marketing and licensing any particular User Content, the Agreement will be deemed to be terminated only with regards to that User Content.
1.2 Types of Content. As used in this Agreement, User Content means any message, comment, data, information, text, music, sound, photos, graphics, code or other material you submit to us, including but not limited to (a) photographs, illustrations, or other still visual representations (“Still Image(s)”); (b) moving visual content in any form including, film, video tape, digital files, animations, and clips (“Footage”); and (c) font, audio file and any other work protected by copyright but not included as part of a Still Image or Footage (“Other User Content”), in all cases, generated by any means and in any format or medium, including any reproductions and any modifications and derivative works thereof.
1.3 Acceptance or Rejection of Your User Content. Drone Pals is under no obligation to accept any submission from you of any User Content. Drone Pals will use commercially reasonable efforts to accept or reject User Content that you submit within 30 days. Drone Pals may reject any submitted User Content at any time in its sole discretion. Any User Content submitted from your email address and/or using a username/password issued to you shall be taken by Drone Pals as evidence that such Content has been submitted by you.
1.4 Collections and Movement of User Content. User Content may be included in one or more of Drone Pals’ current or future Drone Pals Content collections (“Collections”) made available for licensing or distribution by Drone Pals or Distributors. When you submit Content you will be asked to specify, where appropriate, the license model(s) through which the Content is available to be licensed. Drone Pals will determine the Collection and may subsequently move and license User Content through any other license models and/or Collections.
1.5 Royalties. In consideration for the license grant from you pursuant to Section 1.1 of this Agreement, Drone Pals will pay to you (or in the case of Combined Works or Aggregated Works, to all Contributors as a group, divided in Drone Pals’ reasonable discretion) a royalty based on a percentage of either Gross License Fees or Net License Fees as follows:
|Type of User Content||Percent of Gross License Fees||Percent of Net License Fees|
|Still Images: digital delivery to Customer||50%||Not Applicable|
|Still Images: physical delivery to Customer||Not Applicable||50%|
|Other User Content||Custom: as may be agreed between Customer and Drone Pals|
“Gross License Fees” means the revenue actually received from Customers for the license from Drone Pals of your User Content, but excluding any (i) applicable taxes, duties or levies of any nature required to be withheld, deducted or paid by Drone Pals from any current or future sums due to you by any law, regulation, or treaty.
“Net License Fees” means Gross License Fees minus any shipping charges, insurance charges and service fees (including but not limited to special formatting requests, printing/framing costs and technology delivery/access services (“License Fee Deductions”).
A “Combined Work” is any content which includes the User Content of two or more Contributors merged into a work which Drone Pals licenses as a single work.
An “Aggregated Work” is a license to Drone Pals Content which may be offered to a Customer on a high-volume basis. Accordingly, where appropriate, the amount due to you will be determined in Drone Pals’ sole discretion, taking into account the ratio of the number of individual items of your User Content to the total number of individual items of Content licensed together, ; or the relative value of your User Content compared to all other User Content licensed together with it. In addition, the frequency and methodology for reporting and paying Royalties may also vary in order to facilitate such high-volume licensing.
1.6 Royalty Deductions. Despite any other provision to the contrary, Drone Pals may deduct the following amounts from any royalties payable to you (together the “Royalty Deductions”): (a) cancellations, partial refunds or other sales incentive rebates in respect of a license where the original sale has been reported in a current or past sales report (“Sales Report”) including where due to a fraudulent transaction; (b) overpayment of royalties in a prior royalty period; and (c) amounts that may be deducted or withheld in accordance with the Section titled Indemnification. Drone Pals will notify you of any Royalty Deductions in a Sales Report before deducting amounts from payments to you. Other than Royalties for Content that is improperly credited to you or any cancellations under (a), if Drone Pals has not notified you of any Royalty Deduction within 1 year after it has been incurred, Drone Pals waives the right to recoup it.
1.7 Reporting and Payment. Drone Pals will use reasonable commercial efforts to, within 30 days after the end of each calendar month (the “Sales Month”), make available to you a Sales Report for transactions reported during the Sales Month. The Sales Report will state the Royalties due to you, and any Royalty Deductions. Drone Pals will make royalty payments monthly, within 30 days after the end of each Sales Month, by check or electronic funds transfer. No payment will be made unless a minimum of US$50.00, after Royalty Deductions, is due to you.
1.8 Marketing Use of User Content. Drone Pals and Distributors may use User Content to market you, your work, Drone Pals, or Distributors, including use in composites that include Content supplied by a third party. No royalties will be paid on these marketing uses.
1.9 Right to Control Claims. Drone Pals shall have the right to determine, using its best commercial judgment, whether and to what extent to proceed against any third party for any unauthorized use of User Content. You authorize Drone Pals and Distributors at their expense the exclusive right to make, control, settle and defend any claims related to infringement of copyright in the User Content and any associated intellectual property rights (“Claims”). You agree to provide reasonable cooperation to Drone Pals and Distributors and not to unreasonably withhold or delay your cooperation in these Claims. Drone Pals will not enter into any settlement that will compromise your ownership of the copyright in User Content or that prohibits your future conduct with respect to User Content without your prior written consent. Drone Pals will pay you Royalties on any settlements it receives from Claims. If Drone Pals elects not to pursue a Claim, you will have the right to pursue it.
1.10 Copyright Ownership; Use of User Content by You. Except for the license granted to Drone Pals in this Agreement, you reserve all right, title, and interest in and to your User Content, including when it is incorporated in a derivative work created by others. That means that you can keep doing whatever you want with your User Content, and you can license it to anyone else under any terms you want, except that that license must not conflict with the rights you have licensed to Drone Pals under this Agreement. Drone Pals will own all right, title and interest, including all copyrights that arise apart from the copyright in your User Content, to all types of derivative works created by or for Drone Pals that contain multiple items of User Content and/or other Content. Either you or Drone Pals on behalf of you may register the copyright in any User Content with the relevant copyright authority.
1.11 Credit and Moral Rights. Using the credit line supplied by you, Drone Pals shall use commercially reasonable efforts to credit you as the source of User Content, but shall have no liability for lack of credit. For the purposes of this Agreement, “Moral Rights” means all non-transferable and non-licensable rights belonging to the original creator of User Content that are automatically conferred by legislation to varying degrees in different countries, which shall include the following rights and all rights of a similar nature: (a) the right to be identified as the creator; (b) the right to object to misrepresentative modification of User Content; and (c) the right to withdraw User Content from the market (except pursuant to the termination provisions of this Agreement). To the extent allowed by law, you waive all your Moral Rights relating to User Content. To the extent such waivers are not permitted by applicable law, you agree not to enforce such moral rights against Drone Pals, Distributors or Customers. Where you are not the owner of any Moral Rights, you confirm that all Moral Rights have been waived to this same extent or that you have obtained the same commitments not to enforce Moral Rights. Further, you acknowledge and accept that it is common business practice for commercial uses that the creator of Content is not credited and that Content may be modified.
SECTION 2. REPRESENTATIONS AND WARRANTIES, INDEMNIFICATION & LIMITS ON LIABILITY
2.1 Representations and Warranties.
(a) Each Party represents and warrants to each other that it has the full power and authority to enter into the Agreement and perform its obligations hereunder and that it will comply with all applicable laws, and in particular with all Applicable Privacy Laws. “Applicable Privacy Laws” means, in relation to any Personal Data that is processed in the provision of the Services, the applicable legislation on the protection of identifiable individuals in effect where the Personal Data subject resides, including where applicable the California Consumer Privacy Act, the Gramm-Leach-Bliley Act found at 15 U.S.C. Subchapter 1, §6809(4), and the EU Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”) and/or other applicable data protection or national/federal or state/provincial/emirate privacy legislation in force, including where applicable, statues, decisions, guidelines, guidance notes and codes of practice issued from time to time by courts, data protection authorities and other applicable government authorities.
(b) You represent and warrant to Drone Pals that: (i) you are the sole and exclusive owner of the User Content submitted by you to Drone Pals or are the authorized representative of the applicable copyright owner(s) of such User Content; (ii) the User Content submitted by you to Drone Pals, to the best of your knowledge after due investigation and prior to modification or re-captioning by Drone Pals, will not infringe the copyright of any third party, and will not contain any matter which violates any applicable law or regulation and, if released, will not defame, violate the right of privacy or publicity, or infringe the trademark or other personal or property interests of the parties signing such release; (iii) all caption information provided by you will be accurate; (iv) you have obtained valid model and property releases where necessary in accordance with all Drone Pals submission requirements at the time of submission and you will keep the original release and provide a copy to Drone Pals and (v) all content was captured in compliance with all applicable laws, including but not limited to (A) capturing data in violation of applicable law or regulations regarding airports, restricted airspace, prohibited airspace, temporary flight restriction areas, power plants, critical infrastructure, government property, stadiums and prisons, (B) operating at safe and legal distances from manned and unmanned aircraft traffic, structures, vehicles, ground hazards, infrastructure, emergency personnel and people on the ground.
2.2 Indemnification. You agree to defend, indemnify and hold harmless Drone Pals and its affiliates, licensees, officers, directors, employees and agents (each an “Indemnitee”) from and against any and all actual or alleged third-party claims and accompanying liabilities, losses, damages, costs and expenses, including reasonable external attorneys’ fees arising out of or in connection with, any actual or alleged breach of this Agreement by you, or any duty, representation, or warranty contained herein by, or any actual or alleged act or material omission of you or your agents. You may at your option defend such claim at your expense, and Drone Pals shall cooperate fully in defending or settling such claim, provided that you may not settle without our prior written consent, which shall not be unreasonably withheld. You agree that Drone Pals may retain any amounts due to you under this Agreement or any other agreement you may have with Drone Pals to the extent Drone Pals is owed any sum under this Section.
2.3 Limitation of Liability. Drone Pals shall not be liable for any punitive, indirect, consequential, special or incidental damages arising out of or in connection with the Agreement, even if it has been advised of the possibility of such. In addition, Drone Pals shall not be liable to you under any circumstances arising out of (i) the misuse of User Content by any third party or (ii) breach of any of your representations or warranties. YOU ACKNOWLEDGE THAT THE NATURE OF INTERNET-BASED SERVICE IS SUCH THAT CONFIDENTIALITY, SECURITY AND PERFORMANCE CANNOT BE COMPLETELY ASSURED. DRONE PALS SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED ACCESS, USE, CORRUPTION OR LOSS OF ANY OF CONTENT, EXCEPT TO THE EXTENT THAT SUCH UNAUTHORIZED ACCESS, USE, CORRUPTION, OR LOSS IS DUE SOLELY TO DRONE PAL’S GROSS NEGLECT OR INTENTIONAL MISCONDUCT. Drone Pals shall not be liable for any loss or damage to any User Content, storage device or other materials submitted to Drone Pals, and you are required to provide or maintain your own backup files for any User Content submitted. You shall bear sole responsibility for obtaining and maintaining adequate insurance for protection of Content or other materials submitted to Drone Pals. If, despite the above limitations, liability is imposed on Drone Pals for any reason, in no event shall Drone Pals’ liability exceed US$100.00 in the aggregate.
SECTION 3. TERMINATION & SURVIVAL OF LICENSING RIGHTS
3.1 Termination. Either Party may terminate this Agreement upon written notice if the other Party breaches any material term or condition of the Agreement and, if capable of remedy, fails to remedy such breach within 60 days after being given notice thereof by the non-breaching Party.
3.2 Effect of Termination; Survival of Unexpired Licenses. After any termination of the Agreement, all unexpired licenses of User Content granted by Drone Pals to Customers will remain in effect. Drone Pals and Distributors will have a one-time only (or up to five times only in the case of licenses for educational uses) right to renew unexpired licenses on substantially the same terms, provided that there is no break in the licensing period. In addition, if you have received an advance on Royalties that has not been fully recouped by Drone Pals at the time of termination, Drone Pals will have the right to continue licensing any or all User Content submitted under this Agreement until the advance has been fully recouped.
3.3 Surviving Provisions. The termination of this Agreement will not affect the accrued rights and obligations of the Parties existing at the date of termination. Sections 1.1, 1.2, 1.4-1.11, 2, 3.2, 3.3 and 4, all associated definitions and all accrued rights to payment shall survive expiration or termination of this Agreement.
SECTION 4. MISCELLANEOUS
4.1 Entire Agreement; Severability; Waiver. This Agreement constitutes the entire agreement among the Parties relating to its subject matter and may not be amended, except in writing signed by an authorized representative of each Party. If a Party waives any provision of this Agreement, the waiver in such an instance shall not be deemed to be a continuing waiver, and no waiver by either Party shall prevent such Party from enforcing any and all other provisions of this Agreement.
4.2 Assignment. You may not assign your rights or obligations and under this Agreement without the prior approval of Drone Pals, which will not be unreasonably withheld and shall not be unreasonably withheld in the case of an assignment to a corporation or to a trust controlled by you or for the sole benefit of you or your immediate family. Drone Pals may assign its rights, obligations and duties under this Agreement, in whole or in part, to any entity controlling, controlled by, or under common control with Drone Pals as part of a merger, reorganization or sale of assets by Drone Pals.
4 .3 Nature of Relationship. You agree that you are an independent contractor. The Parties expressly acknowledge and agree that their relationship is not one of partnership, employment, joint venture, or any other legal identity, and that Drone Pals has no obligation to find or offer employment to you.
4.4 Governing Law and Arbitration. The Agreement will be construed and enforced in accordance with the laws of the State of Wisconsin, excluding its laws relating to conflict of laws. Any dispute arising out of or in connection with the Agreement shall be settled before a single arbitrator under the Commercial Rules of the American Arbitration Association (“AAA”) in La Crosse County, Wisconsin. The substantially prevailing Party will be entitled to recover its reasonable legal costs. If both Parties prevail on particular claims, or defenses of a claim, then each Party will be entitled to recover its reasonable legal costs for those claims it successfully asserts or defends, and the awards will be offset.
4.5 Further Assurances. Each Party will, and will use its reasonable efforts to cause any third party to, execute and perform such further acts, deeds and documents as may from time to time be required to give full legal and practical effect to the Agreement.
4.6 Notices. Parties shall provide all notices in writing via mail and/or email. Notices to you will be sent to the current mail or email address and notices to Drone Pals should be sent to: 1840 East Main Street, Suite 1, Onalaska, WI 54560, U.S.A.
4.7 Personal Data Transfer. You understand and agree that information relating to you or any other person such as a model that you may provide to Drone Pals may be retained for a reasonable period, and may be transferred to, stored, accessed and used in jurisdictions worldwide whose privacy laws may be different and less protective than those of your home country. Drone Pals, as data controller and processer, may use this information in connection with the performance of this Agreement, including for contacting you, and may disclose this information to necessary service providers, to provide the services they contract for. These third parties will have no right to use your information for secondary purposes. Any personal information you do provide may also be disclosed as part of any merger, sale of the company assets or acquisition, as well as in the unlikely event of an insolvency, bankruptcy or receivership in which event personal information would be transferred as one of the business assets of the company. Drone Pals reserves the right to disclose any information you provide in order to respond to claims or protect the rights, property or safety of itself, its related companies, Distributors and their employees, customers or the public.
4.8 Submission of Content as an Authorized Representative. If and to the extent you are submitting Content to Drone Pals as an authorized representative of the applicable copyright owner(s), you acknowledge and agree that (a) you will ensure that such copyright owner(s) comply with the terms of this Agreement where necessary; and (b) to the extent Royalties are paid to you in such capacity, you will be solely responsible for compensating the copyright owner(s) where applicable.
Drone Pals Content License Agreement
This Drone Pals Content License Agreement (this “Agreement”) is a legal agreement between Drone Pals and the other person or entity who agrees to this Agreement (“You”). This Agreement governs your license from Drone Pals of photos, illustrations, vectors, animations, and video clips (individually and collectively, “Content”) delivered to you by Drone Pals, including by allowing you to download such Content from Drone Pals’ website. By downloading and Content from Drone Pals, You accept the terms of this Agreement.
1. Types of Licenses. Drone Pals offers three types of Content licenses: Standard (Low Resolution); Standard (High Resolution); and Commercial Production.
2. License Grants; Exception.
a. Standard Content License – Low Resolution. Subject to Your payment of the applicable license fee, and subject to the License Restrictions set forth below, Drone Pals grants you the limited, personal, non-transferrable, non-sublicensable, perpetual right to use and display the Content solely in digital format. This means that you may use the Content in an electronic format, such as a website, blog, digital advertising, digital promotion, digital editorial, or online social media account; but you may not use the Content, or allow others to use the content, in any printed format.
b. Standard Content License – High Resolution. Subject to Your payment of the applicable license fee, and subject to the License Restrictions set forth below, Drone Pals grants you the limited, personal, non-transferrable, non-sublicensable, perpetual right to use and display the Content solely in digital format. This means that you may use the Content in an electronic format, such as a website, blog, digital advertising, digital promotion, digital editorial, or online social media account; but you may not use the Content, or allow others to use the content, in any printed format.
c. Commercial Production Content License. Subject to Your payment of the applicable license fee, and subject to the License Restrictions set forth below, Drone Pals grants you the limited, personal, non-transferrable, non-sublicensable right to use and display the Content in digital or print format. This means that you may use the Content in an electronic format, such as a website, and in physical print formats such as brochures, magazines and posters.
d. Meaning of “Use.” For the purposes of the license grants set forth above, the word “use” means copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of, in all cases subject to the License Restrictions.
e. Exception for Sublicense. Despite the “non-sublicensable” nature of the license grants above, you may allow certain third parties to exercise some of your licensed rights as follows:
i. If You are licensing Content on behalf of your employer or client, then your employer or client exercise Your rights in the Content, subject to the License Restrictions. In that case, You represent and warrant that You have full legal authority to bind your employer or client to the terms of this Agreement. If You do not have that authority, then your employer or client may not use the Content. The rights licensed may only belong to You or your employer/client, depending on who is named as the “Licensee” at the time you license the Content. In other words, only one of you (and not both) may re-use the Content for multiple projects.
ii. You may allow subcontractors (for example, your printer or mailing house) or distributors to use the licensed Content in any production or distribution process related to Your final project or end use. These subcontractors and/or distributors must agree to be bound by the terms of this Agreement and may not use the Content for any other purpose.
3. License Restrictions. You will not, and You will not allow any third party to:
a. use the Content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable laws or regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes, or in violation of any laws protecting the privacy rights of individuals;
b. use Content in any way that allows others to download, extract, or redistribute the Content as a standalone file (meaning just the Content file itself, separate from the project or end use);
c. falsely represent that You are the original creator of a work that is made up largely of the Content (for example, You cannot create artwork based solely on the Content and claim that you are the author);
d. unless You purchase a Commercial Production license, use the Content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates);
e. unless you purchase a Commercial Production license, use the Content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo;
f. unless additional rights are agreed in writing between You and Drone Pals, use any Content marked “editorial” for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose (This type of content is not model or property released and is intended to be used only in connection with events or topics that are newsworthy or of general public interest, for example, in a blog, textbook, newspaper or magazine article);
g. register (in any jurisdiction) the Content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by Drone Pals, our customers, or the copyright owner of such content);
h. unless additional rights are agreed in writing between You and Drone Pals, use the Content (including any caption information, keywords or other metadata associated with Content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons;
i. unless additional rights are agreed in writing between You and Drone Pals, use the caption information, keywords, accompanying text, or other metadata associated with Content separate and apart from the Content, or allow any third parties to access or use any such information associated with content;
j. unless additional rights are agreed in writing between You and Drone Pals, use any Content in connection with any goods or services intended for resale or distribution where the primary value lies in the Content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit; or for “on demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com); or
k. unless additional rights are agreed in writing between You and Drone Pals, use any Content as decorative art with a total Content size greater than 1,000 square inches, such as a mural, large art display, or art installation;
l. use Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), unless You indicate: (A) that the Content is being used for illustrative purposes only, and (B) any person depicted in the Content is a model. For example, you could say: “Stock photo. Posed by model.” No disclaimer is required for Content marked “editorial” that is used in a non-misleading editorial manner.
4. Delivery of Content. Unless otherwise agreed between You and Drone Pals, all Content will be delivered to you electronically (including by allowing you to Download the Content from Drone Pals’ website).
5. Intellectual Property Ownership.
a. Ownership. Drone Pals or its Content providers own all Content. All rights not expressly granted in this agreement are reserved by Drone Pals and its Content providers. You may not assert any right to revenue from a collecting society, social media website, content sharing platform or any other third party in respect of photocopying, digital copying, sharing, distribution or other secondary uses of the licensed Content.
b. Attribution. You do not need to include a photo credit for commercial use, but if you are using Content for editorial purposes, you must include a credit adjacent to the content or in production credits following credit adjacent to the content or in visual production credits as follows: “[Photographer Name] via Drone Pals”. If licensed Content is used in an audio/visual production where credits are accorded to other providers of licensed material, you must include a credit in comparable size and placement. The credit should be in the following form “[Video] [Imagery] supplied by [Artist Name] via Drone Pals”.
c. Use of Drone Pals Name and Logo. You may use the name of Drone Pals and/or its Content suppliers as necessary to give attribution, but you may not otherwise use their names, logos, or trademarks without prior written approval.
6. User Accounts; Fees and Taxes.
a. You will be responsible for tracking all activity for each user account, and You agree to: (i) maintain the security of all passwords and usernames; (ii) notify Drone Pals immediately of any unauthorized use or other breach of security; and (iii) accept all responsibility for activity that occurs under each user account. Drone Pals reserves the right to monitor downloads and user activity to ensure compliance with the terms of this Agreement. If Drone Pals determines that You are in breach of this or any other term of this Agreement, it may suspend access to your account and seek further legal remedies.
b. You agree to pay all applicable fees associated with Your account and Your licensed Content. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to You, or of Your use of the licensed Content.
c. Drone Pals accepts payment by credit card. If You choose to pay by credit card, then You must provide a valid your credit card number, the expiration date of the credit card and the billing address. You represent and warrant that: (a) You have the legal right to use any credit card(s) You provides to Drone Pals and that (b) the credit card information You supply is true, correct and complete. Drone Pals may process credit card payments using third-party payment processor services, and You consent to use of third-party payment processors by Drone Pals, subject to Drone Pals’ Privacy Notice. If Your credit card payment cannot be processed then Drone Pals will issue an electronic invoice to You with other payment options. In the alternative, Drone Pals may cancel any license granted under this Agreement if it reasonably suspects You have submitted incorrect or unauthorized credit card information.
7. Termination; Content Withdrawal; Refunds.
a. Drone Pals may terminate this Agreement, or any applicable Content license, at any time if you breach any of the terms of this Agreement, in which case you must immediately: cease using the Content; delete or destroy any copies; and, if requested, confirm to Drone Pals in writing that you have complied with these requirements.
b. If you use the Content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Content for its own purpose or in a way that is contrary to this Agreement, the rights granted for such use shall immediately terminate, and in that event, upon Drone Pals’ request, you agree to remove any content from such platform or website.
c. Drone Pals may discontinue licensing any item of Content at any time in its sole discretion. Upon notice from Drone Pals, or upon your knowledge, that any Content may be subject to a claim of infringement of a third party’s right for which Drone Pals may be liable, Drone Pals may require you to immediately, and at your own expense: cease using the Content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. Drone Pals will provide you with replacement Content (determined by Drone Pals in its reasonable commercial judgment) free of charge, subject to the other terms of this Agreement.
d. All requests for refunds/cancellations must be made in writing or using the cancellation function on the Drone Pals’ website. Drone Pals does not offer refunds for content that has been downloaded. It is to Drone Pals sole discretion to determine if a refund or credit will be provided. In the event of a refund or cancellation, Your rights to use the Content terminate, and You must delete or destroy any copies of the Content.
e. Physical artwork product refunds & returns should adhere to the Drone Pals Physical Product Artwork Return Policy found here.
f. Despite any termination or expiration of this Agreement (except in the case of Your breach of any provision of this Agreement), Content incorporated into projects or end uses prior to the termination or expiration of this Agreement may continue to be used in perpetuity in that project and in any other projects. Any Content not included in a project prior to the termination or expiration of this Agreement is not considered licensed and must be deleted. Drone Pals may terminate any licenses before the end of the subscription period if it reasonably believes there is a violation of this Agreement and/or abuse of Your account, in which case You must immediately: cease using the Content; delete or destroy any copies; confirm to Drone Pals in writing that you have complied with these requirements; and pay Drone Pals any amounts which remain owing.
g. Any expiration or termination of this Agreement shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party.
h. Sections 3, 5-7, 8(c), 8(d) and 9-11, all associated definitions, and all accrued rights to payment shall survive any expiration or termination of this Agreement.
8. Representations and Warranties.
a. For all licensed Content (excluding content marked “editorial”), Drone Pals warrants that Your use of such Content in accordance with this Agreement and in the form delivered by Drone Pals (that is, excluding any modifications, overlays or re-focusing done by you) will not infringe on any copyrights, moral rights, trademark or other intellectual property right of the Content owner/creator, and will not violate any right of privacy or right of publicity of the Content owner/creator. Note that you are solely responsible for any edits made to the Content.
b. For content identified as “editorial use only,” Drone Pals warrants that the content will not infringe on any copyright or moral right of the artist, but it does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted designs, works of art or architecture depicted or contained in the content. In such cases, You are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content identified as “editorial use only,” and You are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as “editorial use only,” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release.
c. DISCLAIMERS. Unless specifically warranted above, Drone Pals does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the Content. While Drone Pals has made reasonable efforts to correctly categorize, keyword, caption and title the content, Drone Pals does not warrant the accuracy of such information, or of any metadata provided with the Content.
d. Except as provided in this section above, the Content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose or non-infringement. Drone Pals does not represent or warrant that the content or its websites will meet your requirements or that use of the content or websites will be uninterrupted or error free.
a. You agree to defend, indemnify and hold harmless Drone Pals and its parent, subsidiaries, affiliates, and Content suppliers, and each of their respective officers, directors and employees, from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with (i) Your use of any Content outside the scope of this Agreement; (ii) any breach or alleged breach by You (or anyone acting on Your behalf) of any of the terms of this Agreement; and (iii) your failure to obtain any required release for Your use of Content.
b. Provided that you are not in breach of this Agreement or any other agreement with Drone Pals, and as your sole and exclusive remedy for any breach of the warranties set forth above, Drone Pals agrees, subject to the terms of this Section, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by Drone Pals of its warranties above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from Drone Pals, or upon Your knowledge, that the Content is subject to a claim of infringement of a third party’s right.
c. The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defense of any claim or litigation. The indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
10. Limitations of Liability.
a. DRONE PALS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOST PROFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF DRONE PALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
b. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, IN NO EVENT WILL DRONE PALS’ MAXIMUM AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS YOU HAVE PAID TO DRONE PALS UNDER THIS AGREEMENT.
11. General Provisions.
a. This Agreement is personal to You and is not assignable by You without Drone Pals’ prior written consent. Drone Pals may assign this Agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
b. Upon reasonable notice, You agree to provide to Drone Pals sample copies of projects or end uses that contain licensed Content, including by providing Drone Pals with free of charge access to any pay-walled or otherwise restricted access website or platform where Content is reproduced. In addition, upon reasonable notice, Drone Pals may, at its discretion, either through its own employees or through a third party, audit Your records directly related to this Agreement and Your use of licensed Content in order to verify compliance with the terms of this Agreement. If any audit reveals an underpayment by You to Drone Pals of five percent (5%) or more of the amount You should have paid, then in addition to paying Drone Pals the amount of the underpayment, You also agree to reimburse Drone Pals for the costs of conducting the audit. Where Drone Pals reasonably believes that Content is being used outside of the scope of the license granted under this Agreement, you agree, at Drone Pals’ request, to provide a certificate of compliance signed by You or an officer of Your company, in a form to be approved by Drone Pals.
c. You agree to retain the copyright symbol, the name of Drone Pals, the Content’s identification number and any other information that may be embedded in the electronic file containing the original Content, and to maintain appropriate security to protect the Content from unauthorized use by third parties. You may make one (1) copy of the Content for back-up purposes.
d. This Agreement will be governed by the laws of the State of Wisconsin, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from or related to this agreement shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the JAMS’ Expedited Procedures in its Comprehensive Arbitration Rules and Procedures (“JAMS”) in effect on the date of the commencement of arbitration. The sole venue for any such arbitration shall be in La Crosse County, Wisconsin. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Despite the foregoing, Drone Pals shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against You in the event that, in the opinion of Drone Pals, such action is necessary or desirable to protect its, or its Content providers’ intellectual property rights.
e. If one or more of the provisions in this Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
f. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this Agreement.
g. No terms of conditions of this Agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Drone Pals and accepted in writing by you. In the event of any inconsistency between the terms of this Agreement and the terms contained on any purchase order sent by you, the terms of this Agreement will apply.
h. All notices required to be sent to Drone Pals under this Agreement should be sent via email to firstname.lastname@example.org. All notices to You will be sent via email to the email set out in Your account.
Countries we currently sell to:
If we currently cannot ship or sell to your location, we will reach out to inform you. We are working to bring Drone Pals Artwork to everyone, hang tight!
Shipping to you:
Shipping is charged according to the size and weight of your purchase in relation to your location. We work with the highest quality manufacturers across the globe, and ship safely & efficiently. If there is an issue with getting the ordered product to you, or a change in shipping fees, we will reach out to you immediately to discuss.
It is your responsibility to pay any duties that might arise for internationally shipped products.
Returns, Exchanges, and Refunds:
We want you to be IN LOVE with your new artwork. If you are not, please reach out to our team within 30 days of your purchase to discuss. We usually can work out some sort of return for a refund, or even an exchange. Refunds are only given once Drone Pals has received the product back (or a valid shipping confirmation). If you choose to return product you will have to pay the shipping costs to get the product back to us.
Shipping Cost for Returns:
The customer will be responsible for the cost to return products to Drone Pals, unless the product is damaged or defective.
Damaged or Defective Products:
Drone Pals is not liable for any product that was damaged through transit. If a product arrives and seems to be defective please reach out to us and the carrier so we can help make it right. If it is a production defect, we will replace it as fast as we can.
A Step by Step Guide for Returns:
Step 1: Locate your Order Number
Step 2: Please send an email to email@example.com referencing your order number and reasoning for the return/refund
Step 3: A member of our team will get in touch with you about your request and the next steps. We want you to LOVE your new artwork!
Digital Product purchases are final. All requests for refunds/cancellations must be made in writing or using the cancellation function on the Drone Pals’ website. Drone Pals does not offer refunds for content that has been downloaded. It is to Drone Pals sole discretion to determine if a refund or credit will be provided. In the event of a refund or cancellation, Your rights to use the Content terminate, You must delete or destroy any copies of the Content.
Step 1: Locate your Order Number
Step 2: Please send an email to firstname.lastname@example.org with referencing your order number and reasoning for the refund request
Step 3: A member of our team will review your request and contact you about the next steps. Please keep in mind all digital product purchases are final.
For more information please review our full content licensing agreement here.
DRONE PALS TERMS OF SERVICE
Updated: September 13, 2020
ARTICLE I. Introduction
Welcome to the website of Drone Pals LLC (“Drone Pals” or “we” or “us”), a community for drone photography enthusiasts and professionals.
By accessing or using our website (the “Site”) you agree to these Terms of Service (“ToS”) which are a legally binding agreement between you and Drone Pals regarding your access and use of our Site, Content and Services. If you do not wish to accept these ToS then do not access or use the Site, Product or Services. The Site is intended for access and use by individuals age 18 or older. If you are not at least 18 years old you are prohibited from accessing or using the Site. If you are using the Site on behalf of any entity, you promise that you are authorized to accept these ToS on such entity’s behalf. These ToS are not intended to alter the terms or conditions of any content license agreement you may have with us. To the extent of any conflict, the terms of your content license agreement will prevail.
Article II of these ToS describes the terms that apply to all visitors to our Site.
Article III of these ToS sets forth and links to additional terms and conditions that apply to persons who license Drone Pals Content or Services accessed through the Site (“Customers”).
Article IV of these ToS sets forth and links to additional terms and conditions that apply to our visitors who contribute User Content to our Site for relicensing to our Customers (“Contributors”).
ARTICLE II. Terms and Conditions for Site Visitors
“Applicable Privacy Laws” means, in relation to any Personal Data that is processed in the provision of the Services, the applicable legislation on the protection of identifiable individuals in effect where the Personal Data subject resides, including where applicable the California Consumer Privacy Act, the Gramm-Leach-Bliley Act found at 15 U.S.C. Subchapter 1, §6809(4), and the EU Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”) and/or other applicable data protection or national/federal or state/provincial/emirate privacy legislation in force, including where applicable, statues, decisions, guidelines, guidance notes and codes of practice issued from time to time by courts, data protection authorities and other applicable government authorities.
A “Content License Agreement” means a further agreement between you and us which grants you certain rights to use and display Drone Pals Content. Content License includes both the Standard Content License Agreement and the Professional Content License Agreement.
“Drone Pals Content” means all of the content featured or displayed on the Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof.
“Personal Data” means any data provided by a visitor to this Site (including by not limited to Customers and Contributors) to Drone Pals and which may be used to identify a specific natural person, either alone or when combined with other information that is linkable by Drone Pals to a specific natural person. Personal Data also includes other information about a specific natural person where the data protection laws in effect in the region where such person resides define this information as Personal Data.
“Services” means the suite of services we provide individually and collectively through the Site.
“User Content” means any message, comment, data, information, text, music, sound, photos, graphics, code or other material you submit to us, including but not limited to (a) photographs, illustrations, or other still visual representations (“Still Image(s)”); (b) moving visual content in any form including, film, video tape, digital files, animation, and clips (“Footage”); and (c) font, audio file and any other work protected by copyright, in all cases, generated by any means and in any format or medium, including any reproductions and any modifications and derivative works thereof.
2.1 Instagram. At times we may feature User Content & Drone Pals Content from our Instagram on our website, email, social media, marketing campaigns, or other activities including digital, web, partnership promotions, graphics, and prints, and print formats. Even though we make our best effort to give credit, credit may not always be displayed. By allowing us to feature your work on our social media accounts including Instagram and the Site, you have submitted the User Content to us for use royalty free, with no restrictions. We are respectful of this and our community, we share your work to support you and inspire others. If you do not wish for us to share please inform us in writing via email@example.com, and we will work with you to remove it.
7.1 Please read the Drone Pals Privacy Notice for information relating to our collection, use, storage and disclosure of information we collect about you. The Drone Pals Privacy Notice is incorporated by reference into, and made part of, these ToS. Drone Pals will post notices of updates to the Privacy Notice on the Site.
7.2 You represent and warrant that you own all Personal Data or you have all rights that are necessary to submit to Drone Pals any data or User Content. You further represent and warrant that: (a) no data or other information you submit to Drone Pals, nor the inclusion of such data or other information in the Services, will infringe, misappropriate or violate a third party’s intellectual property rights, or Applicable Privacy Law or regulation. You and Drone Pals each acknowledge and agree that Drone Pals does not receive any Personal Data as consideration for any Drone Pals Content or Services under these ToS or any Content License Agreement or any Contributor Agreement.
9.1 use the Site for any illegal purpose or in violation of any local, state, national, or international law;
9.2 interfere with security-related features of the Site, including by disabling or circumventing features that prevent or limit access to or use of any content, or by using any account credentials that are not your own;
9.3 interfere with the operation of the Site or any visitor’s enjoyment of the Site, including by interfering with, intruding into, disrupting, or making repeated accesses or requests that cause performance degradation to any network, equipment, server, or software system used to host or otherwise implement the Site;
9.4 use any means of automated data collection (“scraping”) or indexing (“crawling”), including by use of data mining tools, scripts, repeated data requests, automated systems (“robots”), or any other method to collect, copy, or aggregate information hosted on the Site;
9.5. manipulate or otherwise display the Site or the Drone Pals Content by using framing or similar navigational technology;
9.6 download, copy, or re-transmit any or all of the Site or the Drone Pals Content without, or in violation of, a written license or agreement with Drone Pals;
9.7 register, subscribe, unsubscribe, or attempting to register, subscribe, or unsubscribe any party for any Drone Pals product or service if you are not expressly authorized by such party to do so; or
9.8 sell, license, lease, or in any way commercialize the Site or the Drone Pals Content without specific written authorization from Drone Pals.
11.1 User Content that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
11.2 User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
11.3 User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party (and by posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content);
11.4 User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
11.5 Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
11.6 Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
11.7 Viruses, corrupted data or other harmful, disruptive or destructive files; and
11.8 User Content that, in the sole judgment of Drone Pals, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose Drone Pals or its users to any harm or liability of any type.
Further, you agree not to delete or revise any User Content posted by any third party. Drone Pals takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Drone Pals liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Drone Pals is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Drone Pals has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Drone Pals reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these ToS and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that Drone Pals may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Drone Pals; or to protect the safety of our company, employees, customers or the public. If you post User Content to the Site, unless we indicate otherwise, you grant Drone Pals and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Drone Pals and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these ToS and will not violate any rights of or cause injury to any person or entity.
15.1 THE SITE AND ALL MATERIALS, SERVICES AND CONTENT (INCLUDING DRONE PALS CONTENT) AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. DRONE PALS DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. DRONE PALS DOES NOT WARRANT THAT THE ACCESS TO SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
15.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR ANY MATERIALS AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING THE SITE THAT IS NOT EXPRESSLY STATED IN THESE ToS. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING THE COMPUTER SYSTEM OR MOBILE DEVICE YOU USE TO ACCESS THE SITE), OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE.
15.3 Drone Pals offers a search feature within the Site. Drone Pals explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Drone Pals also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions
16.1 IN NO EVENT WILL DRONE PALS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF DRONE PALS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
16.2 THE AGGREGATE LIABILITY OF DRONE PALS TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF (OR ANY INABILITY TO USE) THE SITE, OR OTHERWISE ARISING UNDER ARTICLE I OF THESE ToS, SHALL UNDER NO CIRCUMSTANCES EXCEED $50.00 USD.
17. Control of the Services; Systems.
17.1 The method and means of providing the Site and the Services shall be under the exclusive control, management, and supervision of Drone Pals. Drone Pals will provide and operate the Site and the Services in a professional and commercially reasonable manner in accordance with applicable law.
17.2 Each party shall retain sole responsibility for such party’s information technology infrastructure, including computers, servers, software, databases, electronic systems (including database management systems) and networks, whether operated directly by such party or through the use of third-party services.
ARTICLE III. ADDITIONAL Terms and Conditions for CUSTOMERS
The terms and conditions in this Article III and the Drone Pals Content License Agreement found here govern the license by Customers of Drone Pals Content and of the other Services available through our Site. Drone Pals offers both a Standard Content License Agreement and a Professional Content License Agreement.
The Drone Pals Content, Products & Artwork, and Services are offered subject to Customer’s acceptance without modification of all of the terms and conditions contained in these ToS, the Drone Pals’ Privacy Notice, Drone Pals Sales & Returns Policy, and the applicable Content License Agreement.
BY REQUESTING ACCESS TO ANY DRONE PALS CONTENT OR PURCHASING ANY DRONE PALS PRODUCTS, CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ AND ACCEPTS THESE TERMS AND THE APPLICABLE CONTENT LICENSE AGREEMENT. THE CONTENT LICENSE AGREEMENT IS EFFECTIVE AS OF THE DATE THAT CUSTOMER REQUESTS ACCESS.
Subject to Customer’s compliance with the terms and conditions of these ToS, the Drone Pals’ Privacy Notice and the applicable Content License Agreement, including the payment of the applicable fees, Customer may license Drone Pals Content, purchase Drone Pals products/artwork, or other Services by completing the check out process, agreeing to the applicable Content License Agreement, and paying any applicable fees. All references to the “sale” or “purchase” (or other similar terms) of any Drone Pals Content shall mean the sale or purchase of a license to such Drone Pals Content.
ARTICLE IV. ADDITIONAL Terms and Conditions for CONTRIBUTORS
The terms and conditions in this Article IV and the Drone Pals Contributor License Agreement found here govern the license granted by Customers to Drone Pals with respect to User Content.
BY CONTRIBUTING TO DRONE PALS ANY USER CONTENT, CONTRIBUTOR ACKNOWLEDGES THAT CONTRIBUTOR HAS READ AND ACCEPTS THESE TERMS AND THE DRONE PALS CONTRIBUTOR LICENSE AGREEMENT. THE DRONE PALS CONTRIBUTOR LICENSE AGREEMENT IS EFFECTIVE AS OF THE DATE THAT CUSTOMER CONTRIBUTES TO DRONE PALS ANY USER CONTENT.
DronePals Privacy Notice
September 13 2020
Welcome to Drone Pals, a community for drone photography enthusiasts and professionals!
Your privacy is important to us.
Protecting your privacy is really important to us. We pledge to respect your privacy, to be transparent about our data practices, to keep your data safe and to only collect data that helps us deliver and improve our Services. With this in mind, we’re providing this Privacy Notice to explain our practices regarding the collection, use and disclosure of information that we receive through our Services. This Privacy Notice does not apply to any third-party websites, services or applications, even if they are accessible through our Services. Our CEO serves as our Data Protection Officer.
In this Privacy Notice:
Some other important terms related to this Privacy Notice
What is a Data Controller? For general data protection regulation purposes, the “Data Controller” means the organization who decides the purposes for which, and the way in which, any Personal Information is processed. Our customers and website visitors are the Data Controllers.
What is a Data Processor? A “Data Processor” is an organization which processes Personal Information for a Data Controller. We are the Data Processor for our customers. As a Data Processor, we may be bound by the requirements of the General Data Protection Regulations (the “GDPR”).
What is Data Processing? Data processing is any operation or set of operations (whether automated or not) performed upon Personal Information. Examples of data processing explicitly listed in the text of the GDPR are: collection, recording, organizing, structuring, storing, adapting, altering, retrieving, consulting, using, disclosing by transmission, disseminating or making available, aligning or combining, restricting, erasure or destruction.
What is Personal Information? Personal information is any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual.
may includePersonal Information does not include “aggregated and de-identified” or other non-personally identifiable information. Aggregated and de-identified information is information that we collect about a group of individuals that is not personally identifiable or from which individual identities are removed.
Restrictions; Information about Children.
We offer the Services only to adults age 18 and over. We strive to comply with the requirements of COPPA (Children’s Online Privacy Protection Act). We do not knowingly collect any Personal Information from children under the age of 16. If we discover we have received any Personal Information from a child under the age of 16 then we will take reasonable steps to delete the information as quickly as possible. If you believe we have any such information please contact us as described at “Contacting Us” below.
How do we collect Personal Information?
The Personal Information we collect depends on how you interact with us and the choices you make. We collect and process personal data about you with your consent and/or as necessary to provide the products you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfil other legitimate interests.
We collect Personal Information in several ways:
What information do we collect?
We may collect the following types of Personal Information from you:
We may also permit third-party online advertising networks to collect information (through Cookies or similar tracking technology) about your visits to our Site and use of our Services, in order to allow those third-party networks to display ads on third party websites and apps that may be relevant to your interests in our Services. You may be able to opt-out from allowing these third-party online advertising networks to collect your Personal Information; please see the “Your Choices” and “Data Protection Rights” sections below.
For what do we use your Personal Information?
We will use your Personal Information in compliance with this Privacy Notice to maintain and improve the quality of our Site, to help us deliver the Services to you, and to improve the Services. Any of the information we collect from you may be used in any of the following ways:
We may also use your Personal Information where necessary for us to comply with a legal obligation, including to share information with government and regulatory authorities when required by law or in response to legal process, obligation, or request.
If required to do so by applicable data privacy laws, we will request your consent before we use or disclose your Personal Information for a materially different purpose than those set forth in this Notice. Consent may be obtained by any legally sufficient method. For example, depending on the circumstances and applicable laws, consent may be obtained by providing you with notice and the opportunity to opt-out.
Your Choices About Your Personal Information
We may use the information we collect or receive to communicate directly with you. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive such email messages, you will be given the option to opt out. If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt out from receiving commercial email from us by sending us an email or by writing to us at the address given at the end of this Privacy Notice. Additionally, if we offer user accounts for our Services, we may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us. Please be aware that if you opt out of receiving commercial e-mail from us, it may take up to ten business days for us to process your opt-out request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt out from receiving commercial messages from us, if you are our customer then you will continue to receive administrative messages from us regarding our Services (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).
You may modfy Personal Information that you provide to us. If you are our customer and remove data from your Drone Pals user account for our Services, it will no longer appear to you. Backups of that data will remain associated with your Drone Pals account and in our archive servers.
Your Rights to Opt Out. You can opt-out of receiving commercial email or other email not directly related to patient data or your account settings by unsubscribing via the “Unsubscribe” link in any Drone Pals email. If you are our customer then opting-out of these emails will not end transmission of important service-related emails that are necessary to your use of the Services. In addition, you may opt out of allowing third-party online advertising networks to collect information from our Site by adjusting the browser “settings” on your computer or mobile device. Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents us or our business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Services. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly.
Data Protection Rights
Drone Pals supports the exercise of your data protection rights in accordance with applicable data protection laws.
Other rights you have include the rights to:
In addition, if you are a California resident (or otherwise have these rights under applicable data protection law):
California residents also have the following rights:
How do we protect your Personal Information?
We care about the security of your Personal Information and strive to protect it. To help protect your privacy and security, we use appropriate security measures to protect the security of your Personal Information both online and offline. These security measures vary based on the sensitivity of the information. However, no website or internet transmission is completely secure and we cannot guarantee that information on the Services may not be accessed, disclosed, altered, or destroyed. And you are responsible for maintaining the secrecy of your unique password and account information and email communications while they are under your control. Upon becoming aware of a breach of your Personal Information, we will notify you as quickly as we can and will provide timely information relating to the breach as it becomes known in accordance with any applicable laws and regulations or as is reasonably requested by you. If you have any concerns over the security of your Personal Information, please contact us at firstname.lastname@example.org.
Unlike persistent Cookies, session Cookies are deleted when you log off from the Services and close your browser. Although most browsers automatically accept Cookies, you can change your browser options to stop automatically accepting Cookies or to prompt you before accepting Cookies. Please note, however, that if you don’t accept Cookies, you may not be able to access all portions or features of the Site or the Services. We may also collect information via standard server logs or clear GIFs (also known as “Web beacons”). Web beacons and pixel tags are images embedded in a webpage or email for the purpose of measuring and analyzing usage and activity. Drone Pals, or third-party service providers acting on our behalf, may use web beacons and pixel tags to help us analyze usage and improve our functionality.
Our Site may include Cookies from third-party service providers. In some cases, that is because we have hired the third party to provide services on our behalf, such as site analytics. For this purpose, Drone Pals may work with various third-party partners like Amazon, Facebook and/or Google to see what actions you take on third party websites to deliver our personalized ads to you via third party websites. We use Demographics and Interest reporting features in Google Analytics to inform our requests to our service providers.
“Do Not Track” options will not affect how we use your Personal Information
Who at Drone Pals may access your Personal Information?
Designated members of our staff may access your Personal Information to help you with any questions you have, including help using our Services, or investigating security issues. This activity is logged in our system for compliance, and we maintain different levels of access for various employees depending on his or her role in our company. Some types of Personal Information may be accessible only to certain types of employees, consultants, or contractors who need to know this Personal Information to perform the tasks associated with the worker’s role (finance, administration, sales, marketing, legal, system administration).
Do we disclose any Personal Information to outside parties?
We may disclose Personal Information to third parties for a variety of business or commercial purposes. This includes the following disclosures:
How do we handle international transfers and processing of your Personal Information?
Drone Pals’s own data centers are located in the United States and by interacting with our Site and using our Services, or otherwise providing your Personal Information to us, your Personal Information will be transferred to and processed in the United States.
In some cases, Drone Pals may share your Personal Information with its subprocessors, to the extent permitted by applicable law. Each of these subprocessors are limited to accessing or using this Personal Information to provide our hosted services only and must provide reasonable assurances that they will appropriately safeguard any customer data provided by Drone Pals. Each of these subprocessors using customer data processes this data in the United States only.
By submitting your Personal Information, you’re agreeing to this transfer, storing or processing. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including Personal Information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. If we transfer your Personal Information from the E.U. and process it in the United States, we do so in accordance with applicable law. With respect to information received or transferred, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
California’s “Shine the Light” law, California Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the business’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We have such a policy in place.
European Data Protection Rights
If the processing of personal data about you is subject to European Union data protection law, you have certain rights with respect to that data:
To make such requests, contact us at email@example.com. When we are processing data on behalf of another party that is the Data Controller, you should direct your request to that party. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns. Please be aware that those rights set out above may not apply in some instances, for example where our right to processing your personal data may be necessary for exercising the right of freedom of expression (e.g., news gathering); or for the establishment, exercise or defense of legal claims.
Our Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites (“Interactive Areas”). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal data you post or provide at registration may be viewable by others. We are not responsible for public disclosure of personal data you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including to send you unsolicited messages. Interactive Area postings may be retained indefinitely. If at any time you would like to request that we remove a posting, please email us at firstname.lastname@example.org. Please keep in mind that removal of a posting from an Interactive Area does not necessarily mean that the posting will be deleted from our backend systems.
Retention of your Personal Information
We retain your Personal Information for as long as we have a legitimate business purpose to retain the information, or as otherwise allowed by applicable law.
This Privacy Notice only applies to our Site, so when you link to other websites you should read those separate and independent privacy policies. Your browsing and interaction on any third-party websites, app, or service, including those that have a link or advertisement on our Site, are subject to that third party’s own rules and policies. We are not responsible for the practices employed by websites, mobile apps, or services linked to or from the Service, including the information or content contained therein. In addition, you agree that we are not responsible for and we do not have any control over any third parties that you authorize to access your Personal Information. However, we seek to protect the integrity of our Site and welcome any feedback about these websites.
By using our Site or Services, or both, you consent to this Privacy Notice.
Changes to our Privacy Notice
We are constantly trying to improve our Site and the Services, so this Privacy Notice may need to change. If we change the Privacy Notice then we will notify you here in this Privacy Notice by describing the changes at the top of this Privacy Notice.
If you have any questions, comments, complaints or concerns about this Privacy Notice, please contact us using the following contact information. We prefer email.
Attn: Privacy Issues
1840 E Main Street
Onalaska, Wisconsin 54650
Enter your info below and we will contact you.