Drone Pals Terms of Service
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
- Certain Definitions. As used in these ToS:
“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 firstname.lastname@example.org, and we will work with you to remove it.
- Credit Card Automatic Renewals. When you visit the Site you may choose to license Drone Pals Content or other Services. To provide payment for such Drone Pals Content or other Services, you may submit your credit card and you agree to an initial and (in certain cases) recurring fee. Any recurring charges will be made in advance, either monthly or annually, and you accept responsibility for all recurring charges until you cancel any such future charges. By providing us with your credit card information, you authorize us to charge your credit card for all Drone Pals Content and Services purchased by you, including for any applicable renewal term, until such time as you cancel your subscription.
- AUTOMATIC RENEWAL AND CANCELLATION TERMS: Subscription fees are non-refundable. You may cancel any recurring charge at any time after you are billed for the then-current month or year (as applicable) and before you are billed for the next month or year (as applicable), by notifying us in writing at email@example.com or, to the extent the functionality is available, by logging into your account and following the cancellation procedures.
- Site Ownership; Proprietary Rights. The Site is owned and operated by Drone Pals. The look and feel of the Site, the visual interfaces, custom fonts, graphics, designs and button designs, the compilation, information, data, computer code, and all other elements of the Site and Services (collectively, “Materials”) provided by Drone Pals are protected by intellectual property and other laws. All Materials associated with the Site are the property of Drone Pals or our third-party licensors. The Drone Pals logo, and any other product or service name or slogan contained in the Site are trademarks of Drone Pals and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Drone Pals or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Drone Pals” or any other name, trademark or product or service name of Drone Pals without our prior written permission. You are authorized to view the Materials on the Site in accordance with these ToS; but you may not make any other use of the Materials without the prior express written permission of Drone Pals. For example, you may not copy or distribute the Materials, or prepare derivative works based on the Materials, without our written consent in advance.
- Copyright Infringement Policy. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, Drone Pals has adopted a policy of terminating, in appropriate circumstances and at Drone Pals’ sole discretion, account holders who infringe the intellectual property rights of Drone Pals or any third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Drone Pals with a written communication addressed to our President including substantially the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Embedded Viewer. If and where enabled, you may embed Drone Pals Content on a website, blog or social media platform using the embedded viewer (the “Embedded Viewer”). Not all Drone Pals Content will be available for embedded use, and availability may change without notice. Drone Pals reserves the right in its sole discretion to remove Drone Pals Content from the Embedded Viewer. Upon request, you agree to take prompt action to stop using the Embedded Viewer and/or Drone Pals Content. Without a further Content License, you may only use embedded Drone Pals Content for editorial purposes (meaning relating to events that are newsworthy or of public interest). Embedded Drone Pals Content may not be used: (a) for any commercial purpose (for example, in advertising, promotions or merchandising) or to suggest endorsement or sponsorship; (b) in violation of any stated restriction; (c) in a defamatory, pornographic or otherwise unlawful manner; or (d) outside of the context of the Embedded Viewer. Drone Pals (or third parties acting on its behalf) may collect data related to use of the Embedded Viewer and embedded Drone Pals Content, and reserves the right to place advertisements in the Embedded Viewer or otherwise monetize its use without any compensation to you.
- Privacy Notice; Personal Data; Compliance with Laws.
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.
- Your Responsibilities. You are responsible for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees).
- Prohibited Conduct. YOU AGREE NOT TO:
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.
- Linked Websites. The Site may contain links to third-party websites such as social media websites. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
- Forums and Public/Interactive Areas of the Site. The 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 Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
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.
- Modification of the Site. We reserve the right to modify or discontinue the Site at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or termination of your access to or use of the Site.
- Modification of Article II of these ToS. We reserve the right, at our discretion, to change this Article II on a going-forward basis at any time. Please check these ToS periodically for changes. We will post notices of changes on the Site.
- Site Feedback. If you choose to provide us with input and suggestions regarding problems with or proposed modifications or improvements to the Site (“Site Feedback”), then you hereby grant Drone Pals an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Site Feedback in any manner and for any purpose, including to improve the Site and create other products and services. Drone Pals will exclusively own any improvements or modifications to the Site or the Services based on or derived from any of your Feedback including all intellectual property rights in and to the improvements and modifications.
- No Warranty.
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
- Limitation of Liability.
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.
- General.The waiver by us of any breach or default of these ToS, or any provision of these ToS shall not be a waiver of any subsequent breach or default. If any part of these ToS is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these ToS for any reason, the Article II Sections entitled “Ownership; Proprietary Rights,” “Privacy Notice,” “Site Feedback,” and “General” will survive.
- Governing Law; Venue. These ToS shall be governed by and construed in accordance with the laws of the State of Wisconsin without regard to the conflict of law provisions thereof. The sole venue for all disputes relating to the Agreement shall be in La Crosse County, Wisconsin, USA.
- Contact. The Site is controlled by Drone Pals located at 1840 East Main Street, Suite 1, Onalaska, WI 54560, U.S.A. You may contact us with by regular mail to this address or by email to firstname.lastname@example.org. We prefer email.
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.