Last Updated: October 8, 2020
Please read these Terms of Service (“Terms” or “Agreement”) carefully as they contain important information about your legal rights, remedies, and obligations.
These Terms of Service apply to all visitors, users and others who access or use the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service.
These terms include:
- Interpretations and Definitions
- Your Account
- Links to Other Websites
- Changes to These Terms, and
- Contact Us
You represent that You have:
- read and understand these Terms,
- full legal authority to enter into these Terms, and
- You agree to these Terms.
If You do not have legal authority to enter these Terms or do not agree to these Terms in its entirety, You are not authorized to access the Service. Please discontinue use of the Service and terminate Your account immediately.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
You may use the Service only if You have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. You may only use the Service if in doing so You do not violate any applicable law, rule, or regulation.
The Service is not available to anyone who is or was previously removed or banned from the Service.
Any use or access to the Service by anyone under the age of 13 years old is strictly prohibited and in violation of these Terms of Service.
Drones on Track gives you a non-exclusive non-transferable, freely revocable, royalty-free, non-assignable license to access and use the Service for your personal use only provided that you abide by these Terms. We reserve the right to terminate this license at any time for any reason whatsoever. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement. All rights not expressly granted under this Agreement are reserved by Company or its licensors.
Until You successfully register for an account, Your access to the Services will be limited to what is available to the general public.
You agree to provide true, accurate, current, and complete information about yourself.
Each person is limited to one Drones On Track account.
After registering for an account, You agree to keep your information true, accurate, current, and complete.
To update your account, log in via https://dronesontrack.com/login
You agree to:
- keep Your account information current, complete, and accurate,
- maintain the confidentiality of Your account information, including Your username and password,
- disallow other persons from using your account,
- notify us immediately if there is a breach of security through Your account,
- accept responsibility for all activities that occur under your account or password, whether authorized or not
Each User is solely responsible for its own User Content. We make no warranties or guarantees regarding the accuracy, completeness, or currentness of any User Content.
The Service contains content that is owned the Company and its licensors, such as, but not limited to, information, text, images, videos, graphics, photographs, illustrations, logos, patents, copyrights, trademarks, service marks, audio, music, and other materials (“Our Proprietary Content”). Our Proprietary Content is protected by copyright laws, patent laws, and other laws of the United States and other countries. Our Proprietary Content is protected in all forms, media and technologies now known or hereinafter developed.
Nothing in the Terms gives you a right to use the Drones On Track name or any of the Drones On Track trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All other trademarks, marks, logos not owned by Us are the property of their respective owners.
All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material, marks, trade names, logos is strictly prohibited without the express written consent of the owner.
Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.
Your Content is the content that you provide to or through the Service, including but not limited to your account information (e.g., username, password, or email address). You retain full ownership of all your information and any intellectual property rights or other proprietary rights associated with Your Content.
We love hearing from our users and encourage You to provide feedback, comments, and suggestions regarding the Service or our Drones On Track system (“Feedback”).
You may submit Feedback by emailing us directly, through a contact form on the Service, or by other means of communication.
Any Feedback You submit to us will be considered non-confidential and non-proprietary to You.
Please be advised, however, that if you provide us any Feedback, you hereby (a) assign, transfer, and convey all now know or later discovered rights to the Feedback to the Company; (b) agree that the Company will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback; and (c) agree that the Company will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
This section does not apply to Your account information (e.g., email address, password, or name). Please read the section titled “Your Content” for rights regarding your account information.
Promotions, Sweepstakes, and Referral Programs
At Our sole discretion, We may from time to time provide promotions, sweepstakes, and referral programs to Users. All such promotions, sweepstakes, and referral programs will be run at Our sole discretion and can be implemented, modified, or removed by Us at any time without prior or advance notice.
We reserve the right, in Our sole discretion, to cancel, modify, or suspend the promotions, sweepstakes, and/or referral programs should a virus, bug, computer problem, unauthorized intervention, or other causes beyond the Company’s control, corrupt the administration, security, or proper play of the promotions, sweepstakes, and/or referral programs.
The liability of the Drones On Track Parties pursuant to such promotions, contests, and referral programs, shall be subject to the limitations set forth in the Legal section of these Terms of Service.
If you elect to participate in our Referral Program, your participation is subject to this Agreement as well as the Referral Program Terms and Conditions.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by applicable law, the entire risk arising out of Your access to and use of the Service remains on you.
To the maximum extent permitted by applicable law, You release the Drones On Track Parties from any and all liability for any special, incidental, punitive, indirect, actual, economic, exemplary, or consequential damages whatsoever, or damages for loss of profits or revenue, whether incurred directly or indirectly, or, including without limitations, for loss of data or other information, costs of procurement of substitute products or services, loss of goodwill, property damage, business interruption, loss of customers, service interruptions, computer damage, failure to store any information or other content maintained or transmitted by the Company, personal injury and/or death, emotional distress, loss of privacy arising out of or in any way connected to (i) these Terms; (ii) the use or inability to use the Service; (iii) the defamatory, offensive, or illegal conduct of any third party; (iv) any content obtained from the Services; (v) hacking, tampering, or other unauthorized access to or use of the Service or Your account or the information contained therein; or (vi) the use of any rewards from sweepstakes, contests, or referral programs, whether based on warranty, contract, tort (including negligence), or any other legal theory even if the Company knows or had been advised of the possibility of such damages and whether or not the remedies provided herein fail of their essential purpose.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE MAXIMUM EXTENT POSSIBLE BY LAW, THE DRONES ON TRACK PARTIES’ MAXIMUM AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) EVEN IF DRONES ON TRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, WILL LIMITED TO $100 USD.
Some states do not allow the limitation or exclusion of limitation of liability of certain damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
By using and accessing the Service, you agree to indemnify, release, defend, and hold the Drones On Track Parties harmless from and against any and all claims, liabilities, losses, damages, demands, suits, costs or debt, expenses (including legal fees and costs) caused by, arising from, in connection with, or related to:
- Your use or inability to use the Service, including any data or content transmitted or received by You,
- Your breach or violation of these Terms or any other binding agreements (for example, Referral Program Terms and Conditions if applicable)
- Your violation of any applicable laws or regulations,
- Your willful misconduct,
- Your violation of any User or third party’s rights, including, but not limited to, infringing intellectual property rights,
- any other party’s access and use of the Service with Your email address and password,
- any content of any kind submitted via Your Drones On Track account, including, but not limited to, misleading false, or inaccurate information
- We reserve the right, in Our sole discretion, to assume the exclusive defense and control at Our own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Our Company. You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim.
If you choose to access and/or use the Service, You do so voluntarily and at Your sole risk.
User or Third Party Content
The Company shall not be liable to any participant for failure to supply any reward or any part thereof, by reason of any acts of God, any actions(s), regulation(s), order(s), or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s), or request(s) prove(s) to be invalid), equipment failure, epidemic, pandemic, quarantine, civil commotions, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, hurricane, tsunami, war (declared or undeclared), fire, flood, explosion, unusually severe weather, embargo, labor or material shortage, labor dispute or strike (whether legal or illegal), transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Drones On Track Parties’ control.
Disclaimer of Warranties
The Service and its content is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty or conditions of any kind either express or implied. Your use of the Service is at Your own risk. To the maximum extent permitted under applicable law, the Drones On Track Parties, expressly disclaims any conditions and warranties of any kind, whether express, implied, statutory or otherwise, with respect to the Service, including all warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, the Drones On Track Parties make no representation or warranty of any kind, express or implied and disclaim all responsibility and liability for: (i) the operation, connectivity, security, or availability of the Service, or the information, content, and materials or products included thereon; (ii) whether the Service will be uninterrupted or error-free; (iii) the accuracy, reliability, correctness, completeness, validity or currentness of any information or content provided through the Service or any sites linked to the Service; (iv) whether any defects or errors will be corrected; and (v) the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, timebombs or other harmful components.
No advice or information, whether oral or written, obtained by you from Us or through the Service will create any warranty not expressly stated herein.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
Except where prohibited, disputes, claims, and causes of action arising out of these Terms shall be resolved under the laws of the United States, and except where prohibited, Pennsylvania law (without reference to its conflicts of law principles), and You agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Monroe County, Pennsylvania.
Your use of the Service may also be subject to other local, state, national, or international laws.
If You have any concerns or dispute about these Terms, You agree to first try to first work in good faith to resolve the dispute informally by contacting the Company. Neither party may commence any action with regard to such dispute until thirty (30) days have passed from the time such party has provided notice to the other party of the nature of such dispute, provided that nothing herein will prevent us from seeking injunctive relief in the event of your actual or threatened breach of any terms of these Terms; (ii) the party prevailing in such dispute, whether by out-of-court settlement or final judicial determination, will be entitled to recover from the non-prevailing party all costs and expenses of such dispute incurred by such prevailing party, including without limitation reasonable attorneys’ fees.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision (or the part of it that is making it unenforceable, invalid or void) will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
We reserve the right to terminate or suspend Your account and Your access to Your account and Your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Upon termination, Your right to use the Service will cease immediately.
Changes to These Terms
We reserve the right, in Our sole discretion, to modify, change, cancel, or replace any aspect of these Terms at any time without prior notice. If a revision is material, We will post the modification on the Website, which is effective upon posting. What constitutes a material change will be determined in Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. Continued use of the Service after any modification shall constitute consent to such modification.
If you have any questions about these Terms of Service, You can contact us:
- By visiting this page on our website: https://dronesontrack.com/contact
By email: firstname.lastname@example.org
Added License, Intellectual Ownership, Disputes, Changelog. Edited Limitation of Liability, Disclaimers.