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Terms & Conditions
Welcome to DroneVideos, operated by DroneVideos.com, LLC (“DroneVideos.com, LLC,” “we,” or “our”).
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
- Access and Retention.In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
- Eligibility.You must be at least eighteen (18) years of age. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
The Service is also not available to any users who have been previously removed or suspended from the Service.
- Commercial Use of Service. If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of DroneVideos.com, LLC, which may be revoked at any time, for any reason, in DroneVideos.com, LLC’s sole discretion.
- Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify DroneVideos.com, LLC of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DroneVideos.com, LLC will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your DroneVideos.com, LLC account.
- Your Use of the Service
- You must not copy or capture, or attempt to copy or capture, any content from the Websites or Service, unless given express permission by DroneVideos.com, LLC.
- You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any content on or from the Websites and/or Service.
- You must not use any content in any way that is designed to create a separate service or that replicates any part of the offering of the Service.
- You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any content.
- You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Service, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Service.
- You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any content appearing on the Websites.
- You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to content on the Websites.
- You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
- You must not rent, sell or lease access to the Service, or any content on the Websites.
- You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
- You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any DroneVideos.com, LLC employee. If DroneVideos.com, LLC determines that any user has threatened, stalked, harassed, or verbally abused any DroneVideos.com, LLC employee or another DroneVideos.com, LLC Member, DroneVideos.com, LLC reserves the right to immediately terminate that user’s membership and suspend access to the Service.
- You must not sell or transfer, or offer to sell or transfer, any DroneVideos.com, LLC account to any third party without the prior written approval of DroneVideos.com, LLC.
- You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
- DroneVideos.com, LLC is a Marketplace; Limitation of Liability. DroneVideos.com, LLC acts as a marketplace to connect “Customers,” who wish to purchase a video, photograph or photographs, maps, or other media item (collectively referred to as the “Media”), and “Drone Operators,” individuals who make themselves available to produce the Media for Customers. Customers and Drone Operators will be referred to collectively as the “Users”. You acknowledge and agree that DroneVideos.com, LLC is not a party to any agreement between you and another User, and that, except as explicitly set forth in this Agreement, we are not liable to you for any loss incurred as the result of a User’s acts or omissions, including without limitation failure to fulfill an order, failure to communicate, breach of contract, conversion, fraud, negligence, and intellectual property violations.
DroneVideos.com, LLC does not necessarily have control over the quality, safety, morality or legality of any aspect of any User’s services, the truth or accuracy of any User statements, or the ability of Users to fulfill their obligations under an agreement with you.
DroneVideos.com, LLC cannot guarantee the true identity, age, and nationality of a User. DroneVideos.com, LLC encourages you to communicate directly with other Users through the tools available on the Websites.
- Representations and Warranties.
If you are a Drone Operator, you hereby represent and warrant to DroneVideos.com, LLC as follows:
- Any Media Content and the availability thereof on the Service does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
- Any Media Content does not and will not create any liability on the part of DroneVideos.com, LLC, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
- All information provided by you is accurate and up-to-date.
- You acknowledge and agree that you have passed the Part 107 Test and/or that you have a pre-existing Exemption 333 from the Federal Aviation Administration, and you agree to provide proof of same to DroneVideos.com, LLC upon request.
You further agree to the terms of DroneVideos.com, LLC’s Independent Contractor Agreement, which is incorporated by reference as if fully set forth herein. Our Independent Contractor Agreement is available upon request by emailing us at: [email protected]
DroneVideos.com, LLC reserves the right to remove any Media Content, suspend or terminate your access to the Service and/or pursue all legal remedies if we believe that any Media Content uploaded by you breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.
- You Bear Risk of Upload.DroneVideos.com, LLC uses reasonable security measures in order to attempt to protect content that you upload (“Your Content”). However, DroneVideos.com, LLC cannot guarantee that there will be no unauthorized copying or distribution of Your Content nor will DroneVideos.com, LLC be liable for any copying or usage of Your Content not authorized by DroneVideos.com, LLC. You hereby release and forever waive any claims you may have against DroneVideos.com, LLC for any such unauthorized copying or usage of Your Content, under any theory of liability. THE SECURITY MEASURES TO PROTECT YOUR CONTENT USED BY DRONEVIDEOS.COM, LLC HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES OR ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES. IF YOU DO NOT WISH FOR YOUR CONTENT TO BE PUBLIC, DO NOT UPLOAD IT TO THE SERVICE.
- Membership; Pricing; Charges on Your Account.
- Billing. DroneVideos.com, LLC bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize DroneVideos.com, LLC to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
- Refunds If you are a Customer, and you are not satisfied with Media purchased on the Service, please email us at [email protected] and we will make every reasonable effort to rectify the issue. In the event that we are unable to do so, we will notify you and issue a refund of all money paid by you within five (5) business days of such notification.Cancellations We are willing to work with our customers if they need to reschedule a shoot. We completely understand that Aerial Photography is dependent on weather conditions. Our website has a built in scheduling software that allows our customers to login to and reschedule a shoot if necessary. If a rescheduling / cancellation request is submitted within 2-hours of the scheduled start-time of shoot, a $100 cancellation fee will be charged to compensate our Drone Operators for their time. There will NOT be a cancellation fee due to weather conditions. The cancellation fee will strictly be for cancellations without prior notice of at least 2 hours.
- Modifications to Service. DroneVideos.com, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DroneVideos.com, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
- Blocking of IP Addresses. In order to protect the integrity of the Services, DroneVideos.com, LLC reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites and/or Service.
- Third Party Content. DroneVideos.com, LLC may provide third party content on the Websites and/or Service and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. DroneVideos.com, LLC does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that DroneVideos.com, LLC does not create Third-Party Content, nor does DroneVideos.com, LLC update or monitor it. DroneVideos.com, LLC is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.The Service may include links or references to other web sites or services solely as a convenience to DroneVideos.com, LLC users (collectively, the “Reference Sites”). DroneVideos.com, LLC does not endorse any Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and the relevant advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
- Ownership of Media.
If you own the right and title to any Media, in accordance with Section 17 above, you may sell a license to the Media (the “License”) to be used in stock footage or stock photographs (collectively, “Stock Content”) on the Websites. To sell a License on the Websites, simply follow the instructions on the Stock Footage page: https://dronevideos.com/stock-footage-affiliate-program/.You may use any License(s) that you purchase for a variety of projects, whether commercial or non-commercial (collectively, the “Projects”), provided that you have added substantial value to the Media for which you have purchased a License(s). For the avoidance of confusion, you may not simply re-publish Media for which you have purchased a License without somehow amending, modifying, or adding to that Media. You may keep any Media that you download following your purchase of a License(s) for that Media.You will earn a commission on any License that you sell via the Websites (the “Commission”). If you are a Drone Operator, DroneVideos.com, LLC will pay you a commission on any License sold by a Customer for Media created by you. This Commission will hereinafter be referred to as the “Drone Operator Commission.” The amount of your Commission and/or Drone Operator Commission can be found at our Affiliate page: https://dronevideos.com/affiliates/When listing a License for sale, you will be required to upload your bank account information. DroneVideos.com, LLC will pay your Commission (or Drone Operator Commission) to you within five (5) business days of the earlier of: (a) the sale of the License, or (b) DroneVideos.com, LLC’s receipt of your bank account information. The Commission will be paid via a bank wire to your bank account. You acknowledge and agree that the time it takes to receive your Commission (or Drone Operator Commission) may vary depending on how quickly your bank deposits the Commission (or Drone Operator Commission)in your bank account.You acknowledge and agree that DroneVideos.com, LLC is not responsible for a delayed payment caused by any act, or failure to act, by your bank; or caused by your failure to provide complete and accurate bank account information.You acknowledge and agree that the License sold by you will be a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, store, make copies of, publicly perform and publicly display the Media, or any portion thereof, for any purpose, including commercial and/or for-profit use.
- Affiliate Commission.
If you use the Websites and/or Service, you will receive a unique URL that you can use to promote the Websites (the “Affiliate URL”). The Affiliate URL will contain a unique tracking feature so that DroneVideos.com, LLC can determine when a future customer uses the Affiliate URL to make a purchase on the Websites (such purchase, a “Qualified Purchase”).For any Qualified Purchase made using your Affiliate URL, you will receive a commission on the proceeds thereof (the “Affiliate Commission”).Once a Qualified Purchase is made using your Affilliate URL, you will be required to upload your bank account information in order to receive the Affiliate Commission. DroneVideos.com, LLC will pay your Affiliate Commission to you within five (5) business days of the earlier of: (a) the date of the Qualified Purchase, or (b) DroneVideos.com, LLC’s receipt of your bank account information. The Affiliate Commission will be paid via a bank wire to your bank account. You acknowledge and agree that the time it takes to receive your Affiliate Commission may vary depending on how quickly your bank deposits the Affiliate Commission in your bank account. You acknowledge and agree that DroneVideos.com, LLC is not responsible for a delayed payment caused by any act, or failure to act, by your bank; or caused by your failure to provide complete and accurate bank account information.
- Copyright Policy. DroneVideos.com, LLC prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
P.O. Box 65
Gainesville, VA 20156
When contacting us, please make sure that you include the following information:
- a statement that you have identified Content on DroneVideos.com, LLC that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
- a description of the copyright work(s) that you claim have been infringed;
- a description of the Content that you claim is infringing and the DroneVideos.com, LLC URL(s) where such Content can be located;
- your full name, address and telephone number, a valid email address on which you can be contacted, and your DroneVideos.com, LLC user name if you have one;
- a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. ¤512(c), please also include the following:
- with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
- your electronic or physical signature (which may be a scanned copy).
DroneVideos.com, LLC will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
- Limitation of Liability. In no event shall DroneVideos.com, LLC be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in the Websites or Service or in any written or oral communications from DroneVideos.com, LLC or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.The content and functionality on the Websites and Service, along with the services provided by employees of the Websites and Service, are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. DroneVideos.com, LLC makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites or Service will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL DRONEVIDEOS.COM, LLC, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF DRONEVIDEOS.COM, LLC HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL DRONEVIDEOS.COM, LLC HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF DRONEVIDEOS.COM, LLC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of DroneVideos.com, LLC and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to DroneVideos.com, LLC during the six months prior to notice to DroneVideos.com, LLC of the dispute for which the remedy is sought.
- Indemnity by You.You agree to indemnify and hold DroneVideos.com, LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
- any third party claim resulting from your use of the Service and/or Websites, including without limitation lost profits, lost data, loss of goodwill, copyright infringement, work stoppage, equipment failure or malfunction, personal injury, death, property damage, or any other damages or losses, regardless of the legal or equitable theory (contract, tort, statute, indemnity or otherwise) upon which such liability is based;
- any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of DroneVideos.com, LLC.
- Parental or Guardian Permission. Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THE WEBSITES AND/OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 13 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED SERVICES OR GIVE DRONEVIDEOS.COM, LLC THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
- Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Virginia, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Virginia, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Virginia with the same force and effect as if such service had been made within the State of Virginia. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Virginia, County of Prince William, or the U.S. District Court for the Eastern District of Virginia. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Virginia, County of Prince William, or the U.S. District Court for the Eastern District of Virginia.
- Entire Agreement.
BY USING DRONEVIDEOS.COM, I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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