© 2019 by VSDrones Inc.

Terms of Use

 

Last Updated: March 31, 2019

 

Thank you for downloading the CrwdLens Application (the “CrwdLens App”) offered by VS Drones, Inc (“VS Drones”).

 

Please read the following terms and conditions carefully. By clicking “I Accept” or by using the CrwdLens App or any of the products, software, data or services provided to you through the CrwdLens App (the “Service”), you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions and the VS Drones Privacy Policy (available at <<https:// www.crwdlens.com/policy>>).  If you are not eligible or do not agree to any of the Terms or the VS Drones Privacy Policy, then you may not use the Service and you must delete the CrwdLens App.

 

These Terms provide that all disputes between you and VS Drones will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 19 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with VS Drones.

 

You acknowledge and agree that, as provided in further detail in these terms:

 

  • The CrwdLens App is licensed, not sold to you, and that you may use the Service only as set forth in these Terms;

  • The use of the Service may be subject to separate third-party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the “Carrier”), which are your sole responsibility;

  • You consent to the collection and use of your personal data and information about your location in accordance with the VS Drones Privacy Policy;

  • Access to the Service may require access to information about the location of your device, such as GPS coordinates;

  • The Service is provided “as is” with “all faults,” and without warranties of any kind, express or implied, and VS Drones’ liability to you is limited;

  • If you are using the CrwdLens App on an iOS-based device, you acknowledge and agree to the “Notice Regarding Apple” below.

 

  1. CrwdLens App and Service Overview

 

CwdLens App is a marketplace for imagery and video services and commercial drone services (collectively, “Content”). Our marketplace is intended for individual and enterprise customers looking for on-demand Content. Photographers and Unmanned Aerial Vehicles (UAVs) pilots supply the services and an online tool delivers the requested Content.

 

You may also use the CrwdLens App to direct a UAV pilot remotely and in real time to ensure that the Content provided is as requested.  In case that you are the pilot in command (PIC) of a UAV, you will be able to get remote directions from the user requesting the Content at your own risk and liability. You may also use the CrwdLens App to plan flight paths, to simulate flights, and to upload Content taken by UAVs to web-based hosting platforms, including VS Drones’ platform.

 

  1. Eligibility

 

You must be at least 18 years of age to use the Service, including the CrwdLens App. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

 

  1. Accounts and Registration

 

To access the Service available through the CrwdLens App, you must register for and sign in with an account. When you register for an account, you will be required to provide us with some information about yourself, such as your email address, mobile phone number (capable of receiving SMS) or other contact information. You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your VS Drones account and password, and you accept responsibility for all activities that occur under your VS Drones account.  You acknowledge and agree that you do NOT own your account – an account is simply a means to access the Services.  You must not sell, rent, lease, assign, transfer or bequeath your account to any person or entity, nor otherwise make your account available to a third-party.

 

  1. Transactions

 

Unless otherwise stated, all prices published by CrwdLens App or otherwise communicated to you by us are denominated in United States dollars. VS Drones will communicate the terms of a transaction to you and you agree that such terms are hereby incorporated into this Terms by reference.

 

 

 

 

  1. Using the CrwdLens App to Operate UAS

 

  1. Your Obligations.

 

You are responsible for obtaining and maintaining all hardware and other communications equipment (including UAV) needed to access or use the Services. You agree that: (i) you will use UAV only in conformity with the applicable UAV terms of use, user manual, and safety guidelines; and (ii) you will use and maintain with due care, and will not deface, modify, use or operate any UAV in any illegal manner or for any illegal purpose in violation of any applicable international or U.S. federal, state, or local law or regulation. You further agree to operate your UAV in conformity with the user’s manual and Safety Guidelines provided by UAV manufacture and to not remove, deface, or otherwise obstruct any regulatory or certification marks affixed to a UAV.

 

When using the CrwdLens App to operate a UAV, you agree to abide by all relevant statutes, rules, and regulations set forth by government, law enforcement, and regulatory agencies, including without limitation and as applicable the International Civil Aviation Organization (ICAO) and the Federal Aviation Administration (FAA). You agree to comply with all flight limitations, which may include height limits, distance limits, and No-Fly Zones.

 

You agree that it is your responsibility to check with local authorities to confirm that your proposed flight path and plan conform with applicable laws and regulations and that your receipt and use of any Flight Environment Data (as defined below) does not relinquish this independent obligation. Before operating a UAV using the CrwdLens App, you agree that you understand the nature of your flight operation (e.g., for recreation, for public use, or for commercial use) and you further agree to obtain all required approval and clearance from the related government agencies before flight. You should consult with your local regulators for comprehensive definitions and specific requirements.

 

For users operating their aircraft in the United States, you agree to visit and review http://www.knowbeforeyoufly.org/ before you operate your UAV using the CrwdLens App. When using the CrwdLens App to operate UAV, you acknowledge and agree that you are solely responsible for ensuring that your use of the UAV is conducted safely and in accordance with all local laws and regulations.

 

By using the CrwdLens App, and by entering into these Terms, you represent and warrant that your use of the CrwdLens App complies and will comply with all applicable laws, statutes, and regulations, and that you will not use the CrwdLens App except as expressly permitted under these Terms. VS Drones reserves the right to review, remove, or disable access to Content in violation of the applicable laws and regulations. VS Drones also welcomes users to report any Content that is in violation of the applicable laws and regulations.

 

 

 

  1. Flight Environment Data

 

The CrwdLens App may include features that provide you with certain airspace and geographical data, including but not limited to the location of airports, restricted airspace, prohibited airspace, temporary flight restriction areas, power plants, stadiums and prisons (collectively, “Flight Environment Data”). Flight Environment Data is provided to you by VS Drones as a courtesy to you and for your informational purposes only – YOU MUST NOT RELY ON THE FLIGHT ENVIRONMENT DATA. You agree to consult and rely only upon official sources of aviation, agency, governmental and other aeronautical and geospatial information other than the Flight Environment Data in connection with your operation of any UAV.

 

You agree that you are solely responsible for the safety of your flight operation, including but not limited to obtaining any required governmental authorizations and maintaining a safe distance from manned and unmanned aircraft traffic, structures, vehicles, ground hazards, infrastructure, emergency personnel and people on the ground, and exercising reasonable judgment when evaluating whether or not it is safe to operate UAV at a given time or place, and you agree to indemnify, defend, and hold harmless VS Drones from all claims for losses, damages, and fines to the extent they arise, in whole or in part, from your failure to comply with this paragraph.

 

VS Drones and the CrwdLens App are under no obligation to restrict you from flying your UAV in areas that pose safety or security concerns.

 

  1. Account Verification

 

VS Drones may verify your account by reviewing the validity of a personal credential, such as a payment card or mobile phone number. If you provide VS Drones with your mobile phone number, you expressly authorize VS Drones or their agents to transmit to you one or more text message with verification codes for the purpose of accomplishing the verification process. Your standard text messaging rates will apply. By providing VS Drones with credit card or debit card information, you expressly authorize VS Drones or their agents to contact your card issuer to confirm that the card number you provide is currently valid. VS Drones may retain credential information for compliance or other purposes in the course of providing verification services for VS Drones. By providing credential information to VS Drones, you agree that VS Drones may retain credential information and provide such information, as well as your user login ID or email address, to government authorities, law enforcement agencies, regulatory agencies and other duly authorized parties as may be required by or permitted under applicable laws.

Account verification may expire and renewal is required at intervals determined by VS Drones and subject to change at VS Drones’ sole discretion. VS Drones reserves the right to revoke or suspect accounts at its own sole discretion, for any or even no reason. 

 

 

 

 

  1. Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:

 

  1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;

  2. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right or violating any third party’s right to privacy. You may not remove any watermarks or copyright notices contained in the CwrdLens App’s Content;

  3. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

  4. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) attempting to collect personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;

  5. perform any fraudulent activity in connection with your obtaining or using the Services, including impersonating any person or entity, claiming a false affiliation, accessing any other VS Drones account without permission, or falsifying your age or date of birth;

  6. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 11) or any Flight Environment Data, or any right or ability to view, access, or use any Materials or any Flight Environment Data;

  7. attempt to do any of the acts described in this Section, or assist or permit any person in engaging in any of the acts described in this Section 6.

 

  1. Copyrights

 

VS Drones must be assured that it has the right to use the Content that is posted to its platform by its Users. Such Content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting Content to our CrwdLens App, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of the content that you submit to us[REV1] . You warrant to us that you have the right to grant us this right over the Content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

 

You also agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information and Content on CrwdLens App[REV2]  without receiving our prior written permission.

 

  1. Termination of Use; Discontinuation and Modification of the Service.

 

If you violate any provision of these Terms, your permission from us to use the Service, including the CrwdLens App, will terminate automatically. In addition, VS Drones may in its sole discretion terminate your VS Drones account or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service or features of the Service at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Service, you will not have access to any data or content recorded using the Service or otherwise contained in the Service, and we will have no responsibility to provide you access to such data or Content. You may terminate your VS Drones account at any time by contacting customer service at <<email address i.e. support@vsdrones.com or support@crwdlens.com>>.

 

Any content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph will still apply even after your account is terminated or deleted.

 

  1. Privacy Policy; Additional Terms.

 

Please read and re-read the VS Drones Privacy Policy available at http://www.crwdlens.com/policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The VS Drones Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

 

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that applicable to a particular feature or content on the Service, subject to Section 10 below. All Additional Terms are incorporated by this reference into and made a part of these Terms.

 

  1. Modification of these Terms.

 

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time without notice (unless notice is required by law). Please check these Terms periodically for changes. Modified Terms of Use are effective upon its publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing using the Service, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your use of the Service and delete the CrwdLens App. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

 

  1. Ownership; Proprietary Rights.

 

The Service is owned and operated by VS Drones. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by VS Drones are subject to the intellectual property rights of VS Drones and/or its third-party licensors are protected by intellectual property andmay be protected by other laws. All Materials contained in the Service and the intellectual property rights therein are the property of VS Drones or our third-party licensors. Except as expressly authorized by VS Drones, you may not make use of the Materials. VS Drones reserves all rights to the Materials not granted expressly in these Terms.

 

  1. Feedback

 

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant VS Drones an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose.

 

  1. Beta or Trial Versions

 

VS Drones may offer “beta” versions or features of the Service (each, a “Beta Service”). VS Drones will determine, at its sole discretion, the availability, duration (the “Trial Period”), features, and components of each Beta Service. ANY BETA SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES. Notwithstanding anything to the contrary in these Terms, in no event will VS Drones be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof. If VS Drones permits you to use a Beta Service, you agree to provide VS Drones Feedback and respond to VS Drones’s questions or other inquiries regarding your use of the Beta Service, if requested and as applicable. VS Drones at its sole discretion shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time. Upon completion of a Trial Period, you may lose access to the applicable Beta Service, unless or until the features of the Beta Service are incorporated into the Service. Any production candidate or non-production version of the Service will be considered a Beta Service. Except as expressly provided in this Section 13, these Terms govern your use of the Beta Service as part of the Service.

 

  1. Indemnity

 

You are responsible for your use of the Service. You will defend and indemnify VS Drones and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “VS Drones Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

 

  1. Disclaimers; No Warranties.

 

THE SERVICE AND ALL MATERIALS, FLIGHT ENVIRONMENT DATA, AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE VS DRONES ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS, FLIGHT ENVIRONMENT DATA, AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE VS DRONES ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE VS DRONES ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND ANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR UAV USED IN CONNECTION WITH THE SERVICE) OR THIRD-PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

 

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

 

  1. Limitation of Liability.

 

IN NO EVENT WILL THE VS DRONES ENTITIES 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 SERVICE OR ANY MATERIALS, FLIGHT ENVIRONMENT DATA, OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY VS DRONES ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

 

EXCEPT AS PROVIDED IN SECTION 19.d(iii), THE AGGREGATE LIABILITY OF THE VS DRONES ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100 OR THE MINIMUM REQUIRED UNDER THE LAW, WHICHEVER IS GREATER.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

We also don’t control what people and others do or say, and we aren’t are not responsible for their (or your) actions or conduct (whether online or offline) or Content (including unlawful or objectionable Content).  We also aren’t are not responsible for services and features offered by other people or companies, even if you access them through our Service.  In particular, we are not responsible for, and do not control, the telecommunications and networking infrastructure that is used to store and transfer Content.  We are not responsible for outages, delays, or quality of service issues that may affect your use of the Services or may even result in lost Content, and you accept that risk.

 

Moreover, YOU are responsible for ensuring that your use of your Content or a third-party’s use of your Content, is reasonable and complies with all applicable laws and regulations.  You agree to indemnify and hold harmless VS Drones for any claims, losses, fines, or damages that arise related to your Content.

 

  1. Governing Law.

 

These Terms are governed by the laws of the Commonwealth of Massachusetts without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, and without limiting the broad applicability of Section 19, then you and VS Drones agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Middlesex County, Massachusetts for the purpose of litigating any dispute. We make no representation that the Service or any Materials or Flight Environment Data included in the Service are appropriate or available for use in your location.

 

  1. General.

 

You agree that the Service shall be deemed a passive website that does not give rise to personal jurisdiction over VS Drones, either specific or general, in jurisdictions other than Middlesex County, Massachusetts. These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and VS Drones regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms.

 

You may must not assign or transfer these Terms or your rights or obligations under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The Our failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms 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 Terms, Sections 1 and 5 through 22, along with the Privacy Policy and any other accompanying agreements, will survive.

 

  1. Dispute Resolution and Arbitration

 

Generally. In the interest of resolving disputes between you and VS Drones in the most expedient and cost-effective manner, you and VS Drones agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

 

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VS DRONES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

 

Exceptions. Despite the provisions of Section 19.a, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

 

Arbitrator. Any arbitration between you and VS Drones will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting VS Drones.

 

Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). VS Drones’ address for Notice is: <<insert address>>. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or VS Drones may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or VS Drones must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, VS Drones will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by VS Drones in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

 

Fees. If you commence arbitration in accordance with these Terms, VS Drones will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Middlesex County, Massachusetts, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

 

If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse VS Drones for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

No Class Actions. YOU AND VS DRONES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and VS Drones agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Modifications of This Arbitration Provision. If VS Drones makes any future change to this arbitration provision, other than a change to VS Drones’ address for Notice, you may reject the change by sending us written notice within 30 days of the change to VS Drones’ address for Notice, in which case your account with VS Drones will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability. If Section 19.f is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 (other than, in the latter case, Section 19.f) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.

 

  1. Consent to Electronic Communications.

 

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

 

  1. Contact Information.

 

The Service is offered by VS Drones Inc. and its affiliated companies, located at <<insert address>>. you may contact us by sending correspondence to that address or by emailing us at <<support@VSDrones.com?>>.

 

  1. Notice Regarding Apple.

 

If you are using our mobile applications on an iOS device, the terms of this Section 22 apply. You acknowledge that these Terms are between you and VS Drones only, not with Apple, and Apple is not responsible for the Service or its content. Apple has no obligation to furnish any maintenance or support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Service or your possession and use of the mobile application infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

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