LE Drones, LLC – Terms of Service
Last updated: July 1, 2019
These Terms of Service (the “Terms”) govern your use of mobile applications (“Apps”), Internet websites (“Websites”) or other methods of accessing any of the services (collectively, the “Service”) offered by LE Drones, LLC (referred to in these Terms as “LE Drones”, “we” or “us”). By accessing the Service on any of our platforms, you warrant and represent that you have read, understand, and agree to all terms and conditions stated herein, and you agree to be legally bound by them. If you do not agree with any of the terms and conditions in this policy, do not use the Service.
Conflict Between the Terms of Service and Other Policies
If there is a conflict between the Terms of Service and the Privacy Policy, then the Privacy Policy shall control. If there is a conflict between the Terms of Service and any other policies displayed on the Apps or Websites (for example, the Store Policies or policies regarding shipping and returns of purchased items), then the Terms of Service shall control. If you have any questions regarding the Terms or the Service, please contact LE@LEDrones.org.
Revisions to the Terms of Service
These Terms may be updated from time to time and will be accessible at https://LEDrones.org/, https://FDDrones.org/, https://PSDrones.org/ and via other platforms that we may operate now or in the future. Your use of the Service following changes being posted constitutes your agreement to any and all changes. The terms of our Privacy Policy are deemed to be incorporated herein.
Accounts
Accounts on the Service are available only to persons of legal age to form a binding contract and who are not barred from receiving services under the laws of the United States of America (U.S.A.) or of other jurisdictions in which we operate. YOU MUST BE AT LEAST 18 YEARS OF AGE TO REGISTER, ACCESS AND USE ANY SERVICE PROVIDED BY LE Drones. IF YOU ARE UNDER THE AGE OF 18, DO NOT USE LE DRONES’ SERVICES FOR ANY PURPOSE.
By registering an account, you represent that you 1) are a person of legal age to form a binding contract; 2) are not a person barred from receiving services under the laws of the United States of America (U.S.A.) or of other jurisdictions; and 3) accept this Agreement. Accounts are personal and may not be shared or transferred. You are liable for all activities conducted through the Account.
It is your responsibility to keep your account access restricted to you individually. Your account is only allowed to be used by you individually and not shared with any other individuals or entities. Contact us immediately if you believe that your password or other account information has been compromised or taken.
Registration
To create an account, you must register to use the Service. To register, you must provide your full name and e-mail address, and select a user name. User names shall not: a) contain profanity or defamatory or derogatory remarks in any language; b) infringe on the rights of any person, whether living or dead; c) contain names of celebrities or media personalities; or d) violate trademarks. Upon registration, you must choose a password. You are also required to provide complete and accurate user information. We strive to respect your privacy by only requiring that you provide your name and an e-mail address; however, you may provide additional information upon registration. As a condition of using the Service, you agree that all user information you provide will be accurate. If you provide inaccurate information, your account may be terminated.
Ownership
Service Content
All aspects and content provided as part of the Service (“Service Content”) is our property, with the exception of User Content (see below). Service Content may not be modified, copied, distributed, reproduced, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written consent. Provided that you are eligible to use the Service, you are granted a limited license to access and use the Service and the Service Content and to download or print a copy of any portion of the Service Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Service Content on any Internet site, on any other public or private site, or incorporate the information in any other database. Such license is subject to these Terms. Any use of the Service or of the Service Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited. Unless expressly provided herein, nothing in the Terms shall be construed as conferring any license to intellectual property rights. This license is revocable at any time without notice and with or without cause.
User Content
The Service enables user-submitted content and encourages you to share content through the Service (for example, reviews of products which you have purchased). Any content uploaded by you is “User Content”. You may have certain intellectual property rights in the content that you upload. By enabling the content you upload to be accessed by the Service, you are giving us a broad license to use your content. Specifically, you grant us a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Service), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Service and to create new services if we so choose. This license continues even if you stop using the Service (an example of this would be if you stop using the Service and have not deleted your User Content). By uploading User Content, you warrant that you have the necessary rights to grant us this license for any content that you submit to our Service. You acknowledge that we do not independently investigate the validity, authenticity, propriety or copyright of User Content. If concerns are brought to our attention regarding whether User Content should be removed, we reserve the right to remove such content without notice.
DMCA Copyright Policy
We respect the intellectual property rights of users and of the public, and it is our expectation that our users will do the same. However, we do not independently investigate User Content. If you are a copyright owner or authorized to act on behalf of a copyright owner, please contact us using the notice required by the Digital Millennium Copyright Act (“DMCA”). We will make every effort to respond quickly to claims of copyright infringement.
Please use the form provided below:
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include all of the following statements in the body of the Notice:“I have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or law.”
- “Under penalty of perjury, I confirm that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that has allegedly been infringed.”
- “I verify that the information provided in this Notice is accurate.”
- Include your typed or handwritten full legal name. If you submit the Notice using electronic mail or an online form, your typed full legal name will act as your electronic signature.
- Deliver this Notice, with all items completed, to Ledrones.org’s Designated Copyright Agent:
LE Drones, LLC
c/o Copyright Agent
1620 Baltimore Pike Ste 221
Chadds Ford, PA 19317
Accessing the Service
You are not to do any of the following, unless we have given you our express prior written permission:
- You will not collect users’ content or information, or otherwise access the Service, using any automated means (including, for example, scraping tools, robots, spiders, or other content harvesting tools that locate and copy content).
- You will not provide others with any Service Content or User Content. This includes providing access to the Service within a window, frame, or other interface that alters the user interface of the Service.
- You will not access the Service through any interface other than through an interface specifically provided by us for such access.
- You will not attempt to use, use, or alter, any non-public areas of the Service or of the computers, networks, or delivery systems of either us or of our service providers.
- You will not circumvent or attempt to circumvent any of our security measures. This includes, but is not limited to, probing, scanning, or otherwise testing our systems for vulnerabilities.
- You will not use proxies or other efforts to evade our security measures.
- You will not use the Service to send information containing altered, deceptive, or otherwise false source information (which could include, for example, identities, website or e-mail addresses, TCP-IP addresses, TCP-IP packet information, or e-mail headers).
- You will not cause, or attempt to cause, an unreasonable burden on either the operation of the Service or access to the Service.
You acknowledge that we may communicate with you about such permission or lack thereof by our using an interface within the Service or by our using the contact information you have provided to us on your account. If you access the Service without permission you may be subject to civil or criminal penalties, to the extent permitted by law.
Release of Personal Information
It is our policy to release a user’s personal identifying information and any other information when we reasonably believe such disclosure is appropriate to comply with applicable law, to enforce any of our contracts or agreements, to protect the rights, property or safety of our users and customers, in response to a governmental authority request or legal process, or for purposes of fraud protection. By accepting this Agreement you waive all rights and agree to hold ledrones.org harmless from any claims resulting from any action taken by ledrones.org during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either ledrones.org or law enforcement authorities.
Accuracy of the Service
We rely on User Content, but cannot guarantee the accuracy of such content. Despite our efforts and those of our users, User Content could potentially contain inaccurate information or content.
Termination
We may suspend or remove your account and your right to use the Service immediately and without notice (and to cancel any orders placed by you) for any of the following reasons, which are not all-inclusive and are to be broadly construed:
- If you violate any provision of the Terms.
- If you infringe any intellectual property rights.
- If we are unable to verify or authenticate any information you provide to us.
- If we reasonably believe that you are using the Service (including but not limited to ordering goods via the Service) to engage in illegal activity.
- If you engage in behavior which we, at our sole discretion, determine is inappropriate, disrespectful of others, offensive and/or infringes upon the use and enjoyment of others.
- If you cause an unreasonable burden on either the operation of the Service or access to the Service.
- As required by law.
If we terminate this Agreement as above provided, you will lose access to your account. In the event that we terminate your account, you agree that we will not be liable to you for financial compensation or any non-financial remuneration.
Disclaimers
THE SERVICE IS PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, we do not ensure that the Service will be continuous, error-free, secure or free of malware or viruses. Access to the Service is not guaranteed. You agree to assume the risk as to the results and performance of the Service on your hardware and software, and you assume the entire cost of all servicing, repair and/or correction of your hardware and software.
Liability
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR COMPLIANCE WITH ANY APPLICABLE LAWS, RULES, STATUTES, ORDINANCES, AND REGULATIONS GOVERNING YOUR PURCHASE AND USE OF UNAMANNED ARIAL VEHICLES (UAVs). SPECIFICALLY, YOU MAY BE REQUIRED TO HAVE A LICENSE IN ORDER TO OPERATE A UAV. IN NO EVENT SHALL WE BE LIABLE FOR YOUR FAILURE TO FOLLOW APPROPRIATE SAFETY PROCEDURES FOR ANY GOODS THAT YOU PURCHASE FROM US, OR FOR YOUR FAILURE TO COMPLY WITH ANY APPLICABLE LEGAL REQUIREMENTS GOVERNING YOUR PURCHASE AND USE OF UAVs. Any resources and links that we provide via the Services are for convenience only and do not constitute legal advice, or an endorsement of any people or organizations.
YOU AGREE THAT LEDRONES.ORG, FDDRONES.ORG, PSDRONES.ORG, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF LEDRONES.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR LEDRONES.ORG WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF LEDRONES.ORG AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE FEES PAID BY YOU TO LEDRONES.ORG FOR THE APPLICABLE GOODS OR SERVICES OUT OF WHICH SUCH LIABILITY AROSE. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, the liability of ledrones.org, its Subsidiaries, Affiliates, Licensors, Licensees, Service Providers, Employees, Agents, Officers, and Directors will be limited to the greatest extent permitted by law.
Severability
Each provision of the Terms shall be interpreted in such a manner as to be valid, legal and enforceable. A determination that any provision of the Terms is for any reason invalid, illegal, or unenforceable shall not affect the validity of the Terms and any other provisions herein, and the Terms shall be interpreted and construed as if such invalid, illegal, or unenforceable provisions were not contained herein.
Waiver and Amendment
No breach of any provision of the Terms can be waived by us unless in writing. Waiver of any one breach shall not be deemed to be a waiver of any other breach of the same or any other provision of the Terms.
Captions
Paragraph titles or captions contained in the Terms are used for convenience or reference only and are not intended to and shall not in any way enlarge, define, limit, extend or describe the rights or obligations of you or us or affect the meaning or construction.
Binding Arbitration
Subject to all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of three arbitrators sitting in Chester County, Pennsylvania. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the Commonwealth of Pennsylvania. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Binding Arbitration clause provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms.