You must be at least 16 years of age to access the Website. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 years of age; (b) you have not previously been suspended or removed from the Website, and (c) your access to the Website is in compliance with all applicable laws and regulations. If you are accessing the Website 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.
- Accounts And Registration
To access certain features of the Website you may be required to register for a TDC account. When you register for a TDC account, you will be required to provide us with some information about yourself, such as your email address 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 TDC account and password, and you accept responsibility for all activities that occur under your TDC account.
- Purchases; Additional Terms And Conditions
Purchases of goods or services, and specific sections of the Website may be subject to additional terms and conditions; all additional terms are incorporated into these Terms by reference. You agree to abide by all such other terms and conditions, including representations of having sufficient legal age to use certain portions of the Website or services. If there are any conflicts between these Terms and terms that are specific to a section of the Website or specific to a particular service offered by the Website, you agree that the latter terms will control with respect to your use of that section of the Website or those particular services.
- User Content
4.1. User Content Generally. Certain features of the Website may permit users to upload content to the Website, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Website. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Website.
4.2. Limited License Grant to TDC. By posting or publishing User Content, you grant TDC a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
4.3. Limited License Grant to Other Users. By posting or sharing User Content with other users of the Website, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Website.
4.4. User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that: a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize TDC and users of the Website to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by TDC, the Website, and these Terms; and b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause TDC to violate any law or regulation.
4.5. User Content Disclaimer. TDC is under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. TDC may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when accessing the Website you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive and do waive, any legal or equitable right or remedy you have or may have against TDC with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, TDC does not permit copyright-infringing activities on the Website.
4.6. Digital Millennium Copyright Act.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have a copyright-related complaint about material posted on the Website, you may contact us at the following address: email@example.com
PLEASE NOTE THAT UNDER UNITED STATES FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply with elements of notification as described in 17 U.S.C. §512.b).
Repeat Infringers. TDC will promptly terminate without notice the accounts of users that are determined by TDC to be “Repeat Infringers.” A Repeat Infringer is a user who has been repeatedly notified of infringing activity or has had User Content repeatedly removed from the Website.
- Using The Website
By using the Website, and by entering into these Terms, you represent and warrant that your use of the Website complies and will comply with all applicable laws, statutes, and regulations and that you will not use the Website except as expressly permitted under these Terms. TDC also welcomes users to report any User Content that is in violation of applicable laws or regulations.
- Prohibited Conduct
By using the Website you agree not to.
6.1. Access the Website for any illegal purpose or in violation of any local, state, national, or international law;
6.2. Conduct activities that may be harmful to others or that could damage TDC’s reputation;
6.3. 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;
6.4. Interfere with security-related features of the Website, including by (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Website except to the extent that the activity is expressly permitted by applicable law;
6.5. Interfere with the operation of the Website or any user’s enjoyment of the Website, including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Website; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Website, or violating any regulation, policy, or procedure of any such network, equipment, or server;
6.6. Perform any fraudulent activity in connection with your obtaining or accessing the Websites, including impersonating any person or entity, claiming a false affiliation, accessing any other TDC account without permission, or falsifying your age or date of birth;
6.7. Sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 10) or any right or ability to view, access, or use any Materials;
6.8. Bypass any security or other features of the Website designed to control the manner in which the Website is used, harvest or mine User Content from the Website, or otherwise access or access the Website in a manner inconsistent with individual human usage;
6.9. Use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Website or to extract data;
6.10. Use, display, mirror, frame or utilize framing techniques to enclose the Website or User Content, or any portion thereof, unless and solely to the extent TDC makes available the means for embedding any part of the Website or the User Content;
6.11. Access, tamper with, or use non-public areas of the Website, TDC’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of TDC’s providers;
6.12. Access the Website in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
6.13. Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material;
6.14. Attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6.
- Termination Of Use; Discontinuation And Modification Of The Website
If you violate any provision of these Terms, your permission from us to access the Website will terminate automatically. In addition, TDC may in its sole discretion terminate your TDC account or suspend or terminate your access to the Website at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Website or features of the Website at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Website or any suspension or termination of your access to or access to the Website. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Website, you will not have access to any data or content posted to the Website or otherwise contained in the Website, and we will have no responsibility to provide you access to such data or content. You may terminate your TDC account at any time by contacting customer service via firstname.lastname@example.org.
8.2. Additional Terms. Your access to the Website is subject to all additional terms, policies, rules, or guidelines applicable to the Website (the “Additional Terms”), such as the TDC’s Terms of Sale. All Additional Terms are incorporated by this reference into and made a part of these Terms.
- Modification Of These Terms
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified versions of these Terms are effective upon their publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing to access the Website, 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 access to or use of the Website. 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.
- Ownership; Proprietary Rights
The Website is owned and operated by TDC. 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 Website (“Materials”) provided by TDC are protected by intellectual property and other laws. All Materials contained in the Website are the property of TDC and its third-party licensors. Except as expressly authorized by TDC, you may not make use of the Materials. TDC reserves all rights to the Materials not granted expressly in these Terms.
If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Website or any of the services or products made available by TDC (“Feedback”), then you hereby grant TDC an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.
You are responsible for your access to the Website. You will defend and indemnify TDC and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “TDC 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 Website; (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.
- Disclaimers; No Warranties
THE WEBSITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE WEBSITE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE TDC ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE WEBSITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE WEBSITE, 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 TDC ENTITIES DO NOT WARRANT THAT THE WEBSITE OR ANY PORTION OF THE WEBSITE, OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE WEBSITE, 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 WEBSITE, OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY REGARDING ANY OF THE TDC ENTITIES OR THE WEBSITE 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 WEBSITE, AND ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE WEBSITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE.
NOTWITHSTANDING THE FOREGOING, TDC DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT TDC IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
- Limitation Of Liability
IN NO EVENT WILL THE TDC 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 WEBSITE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TDC ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 17.4(iii), THE AGGREGATE LIABILITY OF THE TDC ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
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 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and TDC agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles County, California for the purpose of litigating any dispute. We make no representation that the Website or any Materials included in the Website are appropriate or available for use in your location.
- Dispute Resolution And Arbitration
17.1. Generally. In the interest of resolving any complaint or Dispute (defined in Section 17.2. below) between you and TDC amicably, you agree that you will first try to resolve the matter informally by emailing us at email@example.com briefly describing the nature of your Dispute. TDC will then contact you in an effort to resolve any complaints or disputes that you addressed in your email to us. If TDC is unable to address most of your concerns in this manner, you agree to follow the steps set forth in Section 17.3. below.
17.2. Dispute Definition. You agree that the term “Dispute” in these Terms will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and TDC relating to the Website, the Services, the Terms & Conditions (or any breach thereof) – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of the arbitration provision.
17.3. Notice of Dispute. If TDC is unable to resolve the Dispute brought to our attention in Section 17.1. above, you agree to do the following: a) submit to TDC a written Notice of Dispute. A “Notice of Dispute” means a written submission to TDC in which you provide your name, address, contact information, email address, the facts regarding your Dispute (along with copies of any supporting documents or other relevant information) and the relief you are requesting from us, and b) send Your Notice of Dispute to TDC via certified U.S. Mail to: The Drone Chronicles, 12554 Blue Sage Dr., Kagel Canyon, CA 91342.
17.4. Informal Negotiation. Once TDC receives your Notice of Dispute, we will attempt to resolve the Dispute through informal negotiation with you within 45 days from the date the Notice of Dispute is received by us. In the interest of resolving the Dispute between you and TDC in the most expedient and cost-effective manner, both parties agree to negotiate in good faith to resolve the Dispute. If an agreement cannot be reached between the parties within 45 days of receipt of the Notice of Dispute (unless such time is extended by mutual agreement of the parties), either party may initiate an arbitration proceeding as described in Section 17.5. below.
If your Dispute is not resolved to your satisfaction within 45 days from when TDC received your Notice of Dispute (unless such time is extended by mutual agreement of the parties), you and TDC agree to arbitrate all Disputes between us. You agree that arbitration action will be your sole and exclusive remedy to resolve any dispute with TDC. The Federal Arbitration Act applies to this Agreement.
By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury. Instead, a neutral arbitrator will resolve all Disputes.
17.5. Arbitration. If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute (unless such time is extended by mutual agreement of the parties), you and TDC agree to resolve the Dispute between us through binding arbitration. You agree that arbitration will be your sole and exclusive remedy to resolve any dispute with TDC. The Federal Arbitration Act applies to this Agreement. 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 TDC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.6. Exceptions. Despite the provisions of Section 17.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
17.7. Arbitrator. Any arbitration between you and TDC 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 TDC.
17.8. 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”). TDC’s address for Notice is firstname.lastname@example.org. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) 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 TDC commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or TDC must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award if any.
17.9. Fees. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance based hearing via telephone conference, video conference or similar technology. 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 TDC 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.
17.10. No Class Actions. YOU AND TDC 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 TDC 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.
17.11. Modifications of This Arbitration Provision. If TDC makes any future change to this arbitration provision, other than a change to TDC’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to TDC’s address for Notice, in which case your account with TDC will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
17.12. Enforceability. If Section 17.10 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 (other than, in the latter case, Section 17.10) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms.
- Consent To Electronic Communications
- Contact Information
If you have any questions, comments, or concerns about these Terms, you may contact TDC by emailing us at: email@example.com.
Dated: March 7, 2022