TERMS OF SERVICE
Please read these terms and conditions carefully.
DroneNation, Inc. ("DroneNation," "we," or "us") operates the DroneNation mobile device application ("DroneNation," the "App," or the "Service") and makes it available to individuals ("Users" or "You") for entertainment purposes. If you use DroneNation in any manner, regardless of whether or not you are a registered user, you accept these Terms of Service. If you do not agree with any provision of this Agreement or do not wish to be bound by this Agreement, do not use DroneNation.
You may become a User upon registration with the DroneNation app. In order to register as a User, you must be at least eighteen (18) years old. Your eligibility to register is automatically void where prohibited by law. You affirm that all information you provide in registering as a User is true and complete. Commercial businesses may not register with the App as individual Users. Your registration will take effect upon when You (i) Complete the DroneNation registration form or (ii) look at a profile forwarded to You by another User. Other terms and conditions may apply to your registration as posted from time to time on the App. DroneNation reserves the right to reject and to terminate your registration and use of the App at any time, for any reason or for no reason, without notice to you. DroneNation also reserves the right to provide notices and alerts to users from time to time about use of the App and information on feature updates and changes.
Your account is for Your personal use only. You may not authorize others to use Your account, and You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that DroneNation is not responsible for third party access to Your account that results from theft or misappropriation of Your user names and passwords.
The App is intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Services, You represent that You have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Services are prohibited. Registration for, and use of, the Services are void where prohibited. You are responsible for determining whether the user of the Services is legal in Your jurisdiction.
You are solely responsible for, and assume all liability regarding, (i) the information and content You contribute to the App; (ii) the information and content You post, transmit, publish, or otherwise make available (hereinafter "post") through the App; and (iii) Your interactions with other Registered Users through the Services. In addition to sharing Your information with other members, we may allow other members to share Your profile information with members of their social and friendship network(s).
You assume all risk when using the App, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the App.
The information displayed on the App, including without limitation, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, prices, product and service descriptions, and data compilations, is the property of DroneNation. Such content is protected by U.S. and international trademark, copyright, and other intellectual property laws. You shall not copy, distribute, alter, display, perform, publish, or create derivative works from such materials, other than as permitted in these Terms of Service. Systematic retrieval of data or other information from the App to prepare any collection, compilation, database, or directory is strictly prohibited.
The names and logos for DroneNation and DroneNation, and any other DroneNation graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of DroneNation. DroneNation's trademarks and trade dress may not be used, including as part of trademarks or as part of domain names, in connection with any other product or service in any manner that is likely to cause consumer confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of DroneNation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DroneNation or any DroneNation affiliates without DroneNation's express written consent. In addition, You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
EXCEPT AS EXPRESSLY PROVIDED IN THE TERMS OF SERVICE, NEITHER DRONENATION NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL, OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, PATENT-PENDING, TRADEMARK, COPYRIGHT, OR OTHER PROPRIETARY RIGHTS TO USE THE APP. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU BY REASON OF YOUR ACCEPTANCE OF THIS TERMS OF SERVICE.
You hereby acknowledge and agree that DroneNation is the owner of highly valuable proprietary information, including without limitation, the algorithms used in the App ("Confidential Information"). DroneNation owns and hereby retains all proprietary rights in the app, including but not limited to, all Confidential Information. You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any Confidential Information or other copyrighted material, trademarks, or other proprietary information accessible via the App.
DroneNation hereby grants You a limited, non-exclusive, non-transferable, and revocable right to access and use the App to (i) utilize the features, content and tools that DroneNation makes available to You through the App or otherwise and (ii) receive information relating to the Services. You shall use the App, and any DroneNation content solely for Your personal use, and for no other purpose whatsoever without the express written consent of DroneNation. You shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, broadcast, create derivative works from, transfer, or sell any of the DroneNation content on the App, including without limitation any data, text, artwork, graphics, logos, button icons, images, audio clips, digital downloads, product and service descriptions, and data compilations. The license granted in the Terms of Service does not include any resale or commercial use of the App, and such use is prohibited. You are also prohibited from creating any derivative works from the App, or downloading or copying of any account information for the benefit of another person or entity other than contemplated in these Terms of Service. DroneNation reserves the right to suspend or deny, in its sole discretion, Your access to the App, without notice to You. ANY RIGHTS IN THE APP NOT EXPRESSLY GRANTED TO YOU IN THE TERMS OF SERVICE ARE RESERVED TO DRONENATION.
Other Registered Users may post copyrighted information, which has copyright protection whether or not it is identified as copyrighted. You agree that you will not copy, modify, publish, transmit, distribute, perform, display, commercially use, or sell any DroneNation or third party proprietary information available via the App.
By posting information or content to any profile pages or public area of the App, or making it accessible to us by linking Your DroneNation account to any of your social network accounts (e.g. via Facebook), You automatically grant, and You represent and warrant that You have the right to grant, to DroneNation and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
You agree that You will not post any e-mail addresses, personal website address or profile page You may have on a third party website, or other contact information in the Profile section.
You acknowledge and agree that DroneNation may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend DroneNation 's, or a third party's, rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
Notwithstanding any other provision of this Agreement or the Privacy Statement, DroneNation reserves the right, but has no obligation, to disclose any information that you submit to the App, if in its sole opinion, DroneNation suspects or has reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that DroneNation, in its sole discretion, deems appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that DroneNation is permitted to make such disclosure.
This Agreement is effective starting on the date you use DroneNation for the first time and continues until terminated in accordance with this Agreement.
You understand and agree that DroneNation, in its sole discretion, may terminate Your right to use the App, direct You to cease using the App, and discontinue or restrict Your access to the App, all without notice to You and for any reason. You agree that DroneNation shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the App, or any parts thereof.
DroneNation reserves the right to remove your account information or data from our App and any other records at any time at our sole discretion.
While DroneNation may restrict your use of the App for any reason or for no reason at all, we will suspend, disable, or delete your account if DroneNation determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage DroneNation's reputation or goodwill. If DroneNation deactivates Your account due to Your misconduct, you shall not reregister to use the App under a different name or different email address.
Upon termination of this Agreement, all licenses granted by DroneNation to You will terminate. In the event of account deletion for any reason, whether on your behalf or ours, content that you submitted may no longer be available. DroneNation is not responsible for the loss of such content.
You specifically agree that DroneNation is not liable for any of your conduct while using the App. DroneNation is also not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of any email due to technical problems or traffic congestion on the internet or on the App, including any injury or damage to Your or any other person's computer related to or resulting from use of the App.
In no event shall DroneNation be liable for any damages, including any indirect, incidental, special, or consequential damages resulting from Your use or the inability to use the App, any DroneNation content, any information accessible on the App, from any messages received through the App, or resulting from unauthorized access to or alteration of transmissions or data, including but not limited to, damages for loss of profits, use, data, or other intangible property, whether based on contract, tort, strict liability or otherwise, even if DroneNation has been advised of the possibility of such damages, to the fullest extent permitted by applicable law.
You agree that regardless of any statute or law to the contrary, You will file any claim or cause of action arising out of or related to Your use of the App, or to interpret or enforce the Terms of Service within one (1) year of receiving the Terms of Service or be forever barred.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT DRONENATION DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS OR ANY THIRD PARTIES WITH WHOM USERS MAY SHARE YOUR INFORMATION. DRONENATION ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS AND ANY THIRD PARTIES OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS AND ANY THIRD PARTIES; DUE TO THE NATURE OF THE SERVICE, SUCH MONITORING IS IMPOSSIBLE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THIRD PARTIES WITH WHOM USERS MAY SHARE YOUR INFORMATION.
DroneNation is not responsible for the conduct of any user. In no event shall DroneNation, its affiliates or its partners be directly or indirectly liable for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users or persons you meet through the Service. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm You. You agree to take all necessary precautions in all interactions with other users, particularly if You decide to communicate off the Service or meet in person.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE INFORMATION ON THE APP, AND ANY DRONENATION CONTENT, IS AT YOUR SOLE RISK. THE DRONENATION CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DRONENATION HAS NO OBLIGATION TO SCREEN OR MONITOR ANY CONTENT AND DOES NOT GUARANTEE THAT ANY CONTENT AVAILABLE ON DRONENATION COMPLIES WITH THIS AGREEMENT OR IS SUITABLE FOR ALL USERS.
DRONENATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DRONENATION DOES NOT MAKE ANY WARRANTY THAT THE DRONENATION CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ACCESS TO THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, VIRUS-FREE OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. EXCEPT AS OTHERWISE SEPARATELY EXTENDED TO YOU AT THE TIME YOU RECEIVE ANY DRONENATION CONTENT PROVIDED TO YOU, DRONENATION DOES NOT MAKE ANY WARRANTY CONCERNING THE INFORMATION AND RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DRONENATION CONTENT PROVIDED ON OR THROUGH THE APP, OR CONCERNING THE ACCURACY OR RELIABILITY OF ANY INFORMATION DISPLAYED THEREON. DRONENATION DOES NOT MAKE ANY WARRANTY REGARDING ANY INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY WEBSITE OR APP, INCLUDING ANY ADVERTISER'S WEBSITE OR APP. DRONENATION DOES NOT MAKE ANY WARRANTY REGARDING THE RELATIONSHIPS BETWEEN ANY ADVERTISER ON THE APP AND OTHER USERS OF THE APP. INFORMATION OBTAINED BY YOU FROM THE APP SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY OR IMPLIEDLY MADE HEREIN TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Opinions, advice, statements, offers, or other information or content made available through the App, but not directly by DroneNation, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. DroneNation DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN DroneNation. UNDER NO CIRCUMSTANCES WILL DroneNation BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which You first used DroneNation, and no warranties shall apply after such period.
Users are required to be civil and respectful to other Users at all times. In addition, You shall not:
- Attempt to register for the Service with more than one email address;
- Harass or stalk any other person;
- Harm or exploit minors;
- Act in a deceptive manner by, among other things, impersonating any person or entity;
- Solicit money from other Users;
- Post any content that is prohibited by Section 13 herein;
- Express or imply that any statements you make are endorsed by Us without our specific prior written consent;
- Use the Service in an illegal manner or to commit an illegal act;
- Access the Service in a jurisdiction in which it is illegal or unauthorized;
- Ask or use Users to conceal the identity, source, or destination of any illegally gained money or products;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- Collect Users' personal information by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service;
- Interfere with or disrupt the Service or the servers or networks connected to the Service;
- Email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, computer hardware, or telecommunications equipment;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software);
- "Frame" or "mirror" any part of the Service, without DroneNation's prior written authorization;
- Use meta tags or code or other devices containing any reference to Us or the Service (or any trademark, trade name, service mark, logo or slogan of DroneNation) to direct any person to any other website for any purpose;
- Post, distribute, or reproduce in any way any copyrighted material, trademarks, service marks, trade names, logos, slogans, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so;
- Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, "post") on DroneNation or transmit to other Users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service.
All of the following information may be displayed to the public:
Username (Pilot Handle)
Flying Experience and Skills
You are solely responsible for all activities that occur under your account. You agree to immediately notify DroneNation of any disclosure or unauthorized use of your account, or any other breach of security, at SUPPORT@DRONENATION.COM and ensure that you log out from your account at the end of each session.
You may not post as part of the Service, or transmit to DroneNation or any User any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity), either via or outside of the App. You represent and warrant that (i) all information that You submit upon creation of your account, is accurate and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on DroneNation and grant the licenses set forth below.
You understand and agree that DroneNation may, but is not obligated to, monitor or review any Content you post as part of the App. We may delete any Content, in whole or in part, that in our sole judgment violates, or may violate, any applicable law or either the spirit or the letter of this Agreement, or may harm the reputation of DroneNation or the DroneNation App, or upon the request of a third party.
By posting Content as part of the Service, you automatically grant to DroneNation, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. In addition, you waive any so-called "moral rights" in your content. You further grant all Users of DroneNation permission to view your content for their personal, non-commercial purposes. If you suggest to DroneNation any improvements or new features for DroneNation, DroneNation shall have the right to implement such suggestions without any compensation to you.
Your use of DroneNation, including all Content You post, must comply with all applicable laws and regulations. In addition to the types of Content described in Section 10 above, the following is a partial list of Content which You are prohibited from posting to DroneNation. You shall not post, upload, display or otherwise make available Content that:
- Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Advocates harassment or intimidation of another person;
- Requests money from, or is intended to otherwise defraud, other Users;
- Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
- Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturerinstalled copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
- Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- Disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges;
- Solicits passwords or personal identifying information of other Users for commercial or unlawful purposes;
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- intended to defraud, swindle or deceive other users of the Services;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- collects or solicits another person's personal information for commercial or unlawful purposes;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the App or Services;
- Disseminates another person's personal information without his or her permission;
- Publicizes or promotes commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising, and pyramid schemes, without our prior written consent.
DroneNation reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.
You will not provide inaccurate, misleading or false information to DroneNation or to any other user.
You will not advertise or solicit any user to buy or sell any products or services through the App. You may not transmit any chain letters, junk or spam e-mail to other users. Further, you will not use any information obtained from the app in order to contact, advertise to, solicit, or sell to any user. If you breach the terms of this subsection and send or post unsolicited bulk email, "spam" or other unsolicited communications of any kind through the app, you acknowledge that you will have caused substantial harm to DroneNation.
For each item of Content that you submit, you represent and warrant that: (i) you have the right to submit the Content to DroneNation and grant the licenses set forth above; (ii) DroneNation will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (iv) the Content complies with this Agreement and all applicable laws.
You agree to indemnify, defend, and hold DroneNation, its subsidiaries, affiliates, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on DroneNation, violations of any rights of a third party, your use of or inability to use the app and the violation of any law or regulation by You. DroneNation reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Us in connection therewith.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please notify our Copyright Agent at the following address:
PO Box 2884
Jupiter, FL 33468
SUPPORT@DRONENATION.COM To facilitate the processing of your claim, you will need to provide the Copyright Agent with the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, an email address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DroneNation reserves the right to terminate the accounts of repeat infringers.
You agree that DroneNation may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:
(i) Comply with legal process;
(ii) Enforce this Agreement;
(iii) Respond to claims that any Content violates the rights of third parties;
(iv) Respond to your requests for customer service;
(v) Allow you to use the Service in the future; or
(vi) Protect the rights, property or personal safety of DroneNation or any other person or entity.
A. Applicable Law You acknowledge that the Content contained in the DroneNation App is controlled in and originates from the United States. DroneNation does not make any representation that any of the Content is appropriate or available for use in other locations. Any claim relating to the use of the App and any Content displayed thereon, shall be governed by the internal substantive laws of the State of Florida, without regard to its conflicts of laws rules. You expressly consent to the personal and exclusive jurisdiction of the state and federal courts located in, or having jurisdiction over, Palm Beach County, Florida for any such claim. You further agree that in the event DroneNation prevails in any litigation or arbitration proceeding to interpret or enforce a party's rights under this Agreement, the court or arbitration panel shall have the right and duty, in addition to awarding any relief deemed appropriate in the circumstances, to award DroneNation its reasonable attorneys' fees, costs, and litigation expenses incurred in prosecuting or defending such action or proceeding, at trial, at any arbitration proceeding, on appeal, or in any proceeding to enforce any final judgment or arbitration award.
Violation of this Agreement may cause DroneNation irreparable harm, and therefore You agree that DroneNation will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that DroneNation may have for a breach of this Agreement.
B. Assignment This Agreement shall bind and inure to the benefit of DroneNation's successors, assigns and licensees. DroneNation shall have the right to assign or otherwise transfer its rights or obligations under this Agreement whether by contract, merger, sale of all or substantially all of DroneNation's assets, or operation of law without Your consent, or notice to You. Any attempted assignment by You shall be null and void, and not have any legal force or effect.
C. Waiver The failure of DroneNation to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
D. Severability If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
E. Entire Agreement These Terms of Service, and Your consent thereto as demonstrated by Your use of the App, constitute the entire agreement between You and DroneNation relating to the subject matter of this Agreement.
The FAQ's found on the App are for informational purposes only and are not deemed to be part of this Agreement.
Unless otherwise explicitly stated, the Agreement will survive termination of Your registration to the Service. The failure of DroneNation to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
F. Descriptive Headings The headings of the several sections of this Agreement are intended for convenience of reference only and are not intended to be a part of or affect the meaning or interpretation of this Agreement.
This agreement was last revised on February 15, 2020.