1. INTRODUCTION.

Thank you for using Drone 55 and the photography, cinematography, and related services we make available to you (collectively, the “Services”).

2. YOUR SERVICE PROVIDER.

The entity providing the Services is Drone 55, Inc., a company organized and operating under the laws of California, USA (referred to as “Drone 55”, “we”, “us”, or “our”). References to Drone 55’s “Affiliates” in these terms means the other companies within the Drone 55, Inc. corporate group (now or in the future).

3. APPLICABLE TERMS.

Your use of the Services is subject to these terms, the General Provision Set for Service Contract (https://www.drone55.com/general-provisions) and Service Contract, which may be updated from time to time (together, the “Agreement”). Please read the Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Services.

4. DRONE 55 PAID SERVICE TERMS OF SERVICE.

Drone 55 allows you to purchase content, deliverables, or services as described in the invoice, estimate, or Service Contract, in exchange for a one-time fee, as applicable (collectively, each a “Paid Service” and collectively the “Paid Services”). The Paid Services include Drone 55 services which may be offered by Drone 55 in the future. Your transactions and any other use of the Paid Services are subject to these Drone 55 Paid Service Terms of Service (“Paid Service Terms”).

4.1. YOUR ACCEPTANCE.

By using a Paid Service, you signify your agreement to the Agreement. Each time you place an order for a Paid Service, you enter into a separate contract for services on the Agreement. When you complete a purchase, you signify that you wish to enter into a binding contract for the provision of the applicable Paid Services.

4.2. PAYMENT, REFUND AND CANCELLATION POLICY

4.2.1. PAYMENT.

Drone 55 accepts payment via the current payment method indicated prior to purchase, which may include PayPal and any other form of payment that we make available to you from time to time. You must have a valid accepted form of payment in order to purchase Paid Services. Prices for any Paid Service may change at any time, and Drone 55 does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Paid Service that you order. Drone 55 will charge your credit card or other form of payment for the price listed on the relevant Paid Service, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations.

4.2.2. TAXES.

If Drone 55 is required to collect or pay any taxes in connection with your purchase of a Paid Service, such taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a Paid Service. Such taxes may include duties, customs fees, or other taxes, along with any related penalties or interest, as applicable to your purchase or country of purchase.

4.2.3. REFUNDS.

Purchases of a Paid Service, including a retainer, are final and non-refundable. Drone 55 does not offer returns, exchanges or refunds.

4.3. LICENSE.

Paid Services are considered the sole and exclusive property of Drone 55. Drone 55 reserves all rights to the Paid Services, including Photograph/Visual Images. Drone 55 grants you a perpetual, worldwide, non-exclusive, non-sublicensable and non-transferable right to use Paid Services, without transfer of ownership. Such right shall not include the right to use the Paid Services or Photograph/Visual Images for paid advertising. Paid Services copyright will remain with Drone 55. In the event that any of the Paid Services should be deemed to be a “work for hire” resulting in the ownership of any intellectual property rights by you (other than those specifically granted in the Agreement), then you shall be deemed to have irrevocably transferred and assigned such intellectual property rights to Drone 55.

4.4. RESTRICTIONS.

When you use the Paid Services, you may not (or attempt to):

A. use the Paid Services in an illegal manner or for an illegal purpose;

B. copy, sell, rent, or sublicense the Paid Services to any third party;

C. circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that Drone 55 uses to protect the Paid Services or encourage or help anyone else to do so;

D. access the Paid Services other than by means authorized by Drone 55;

E. or remove any proprietary notices or labels on Paid Services.

4.5. CHANGES

4.5.1. CHANGES OR DISCONTINUATION OF PAID SERVICES.

Drone 55 reserves the right to change the availability of Paid Services. In addition, we reserve the right to modify, suspend, or discontinue any Paid Service with or without notice to you, and we will not be liable to you or any third party for any such modifications, suspension, or termination.

4.5.2. REMOVAL OR UNAVAILABILITY OF CONTENT.

In certain cases, content available within a Paid Service may become unavailable due to restrictions from our partners who license us such content or other legal or policy reasons. Drone 55 will have no liability to you for any such unavailability.

4.5.3. CHANGES TO THE PAID SERVICE TERMS.

We may also change these Paid Service Terms from time to time, so we encourage you to periodically review the most up-to-date version. By using a Paid Service, you signify your agreement to the new Paid Service Terms, and further, that they will apply to your use of the Services as a whole (including any Paid Service you have purchased in the past) and all subsequent purchases (until the Paid Service Terms change again).

4.6. COMMUNICATIONS.

By using the Paid Services, you consent to receiving communications from us including marketing communications such as newsletters about Drone 55 features and content, special offers, promotional announcements, and customer surveys, to your registered email address or via other methods. If you no longer want to receive such communications, simply use the unsubscribe link provided in the email.

4.7. OTHER TERMS

4.7.1.

You acknowledge and agree that you are solely responsible for your use of any Paid Service, any breach of your obligations under the Paid Service Terms, and for the consequences (including loss or damage of any kind which Drone 55 may suffer) of any such breach.

4.7.2.

You acknowledge and agree that you are responsible for paying all fees in a timely manner and for providing us with a valid credit card or other form of payment acceptable to Drone 55. IN ADDITION, YOU ACKNOWLEDGE THAT YOUR ONLINE ACCEPTANCES CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND DRONE 55 AND SIGNIFY YOUR INTENT TO BE BOUND TO SUCH ONLINE ACCEPTANCES.

4.7.3.

SUBJECT TO APPLICABLE LAWS, IN NO EVENT WILL DRONE 55 OR ITS AFFILIATES’ AGGREGATE LIABILITY FOR ANY AND ALL CAUSES OF ACTION BROUGHT BY YOU OR YOUR AGENTS ARISING FROM OR RELATED TO THE SERVICES EXCEED THE PAYMENTS ACTUALLY RECEIVED AND RETAINED BY DRONE 55 FROM YOU FOR THE PAID SERVICES.

4.7.4.

You acknowledge and agree that your transaction for the Paid Service is with Drone 55, Inc., reachable via email at contact@drone55.com.

5. PERMISSIONS AND RESTRICTIONS.

You may access and use the Services and our website as made available to you, as long as you comply with this Agreement and applicable law. The following restrictions apply to your use of our website. You are not allowed to:

F. reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of our website or any content without authorization;

G. circumvent, disable, or otherwise interfere with security-related features of our website;

H. collect or harvest any information that might identify a person, unless permitted by that person;

I. use our website to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;

J. or misuse any reporting, flagging, complaint, or dispute mechanism, including by making groundless, vexatious, or frivolous submissions.

6. RESERVATION.

Using the Services or our website does not give you ownership of or rights to any aspect of the Services, including any content posted by others.

7. CHANGES TO THE SERVICES.

Drone 55 is constantly improving its Services. We may also need to alter or discontinue the Services, or any part of them, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user.

8. COPYRIGHT PROTECTION.

If you believe your copyright has been infringed on our website, please email us at: contact@drone55.com.

9. ACCESS SUSPENSION & TERMINATION

9.1. TERMINATION BY YOU.

You may stop using the Services at any time.

9.2. TERMINATIONS AND SUSPENSIONS BY DRONE 55 FOR CAUSE.

Drone 55 may suspend or terminate your access to all or part of the Services if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, Drone 55 or our Affiliates.

9.3. TERMINATIONS BY DRONE 55 FOR SERVICE CHANGES.

Drone 55 may terminate your access to all or part of the Services if Drone 55 believes, in its sole discretion, that provision of the services to you is no longer commercially viable.

9.4. NOTICE FOR TERMINATION OR SUSPENSION.

Whenever reasonably possible, we will notify you with the reason for termination or suspension by Drone 55 unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Drone 55 or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Services; or (c) would cause harm to any user, other third party, Drone 55 or our Affiliates.

10. OTHER LEGAL TERMS

10.1. WARRANTY DISCLAIMER.

OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND DRONE 55 DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICES; OR (B) THE SPECIFIC FEATURES OF THE SERVICES, OR THEIR ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.

10.2. LIMITATION OF LIABILITY.

EXCEPT AS REQUIRED BY APPLICABLE LAW, DRONE 55, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; OR PUNITIVE DAMAGES CAUSED BY:

K. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICES OR WEBSITE;

L. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES;

M. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR WEBSITE;

N. ANY INTERRUPTION OR CESSATION OF THE SERVICES OR WEBSITE;

O. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY;

P. AND/OR THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. DRONE 55 AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICES IS LIMITED TO USD $500.

10.3. INDEMNITY.

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Drone 55, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services or website; (ii) your violation of any term of the Agreement; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive the Agreement and your use of the Services.

10.4. THIRD-PARTY LINKS.

Our website may contain links to third-party websites and online services that are not owned or controlled by Drone 55. Drone 55 has no control over, and assumes no responsibility for, such websites and online services. We suggest you read the terms and privacy policy of each third-party website and online service that you visit.

11. ABOUT THIS AGREEMENT

11.1. MODIFYING AGREEMENT.

We may modify the Agreement, for example, to reflect changes to our services or for legal, regulatory, or security reasons. Modifications will be effective immediately without notice. Modifications to the Agreement will only apply going forward. If you do not agree to the modified terms, you should discontinue your use of the Services.

11.2. CONTINUATION OF THIS AGREEMENT.

If your use of the Services ends, the following terms will continue to apply to you: “Other Legal Terms” and “About This Agreement”.

11.3. SEVERANCE.

If it turns out that a particular term of the Agreement is not enforceable for any reason, this will not affect any other terms.

11.4. NO WAIVER.

If you fail to comply with the Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).

11.5. INTERPRETATION.

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.

11.6. ATTORNEY’S FEES.

Should any litigation, including arbitration proceedings, be commenced between the parties to the Agreement, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for attorney’s fees, which shall be determined by the court or arbitrator in such litigation.

11.7. GENDER AND NUMBER.

As used in the Agreement, the masculine, feminine or neuter gender, and the singular or plural number, shall each be deemed to include the other whenever the context so indicates. Paragraph headings contained herein are for convenience only and shall not be considered for any purpose in construing the Agreement.

11.8. GOVERNING LAW.

This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding that body of law pertaining to conflict of laws. The federal and state courts residing in Los Angeles County, California, shall have jurisdiction over any claim brought under the Agreement, and the parties hereby consent to the personal jurisdiction of such courts.

11.9. LIMITATION ON LEGAL ACTION.

YOU AND DRONE 55 AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.