WEB SITE AND PRODUCTS/TOOLS TERMS OF SERVICE (TOS)
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THESE TERMS OF SERVICE (TOS), MAY HAVE CHANGED SINCE YOUR LAST
VISIT TO THIS SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR
ACCEPTANCE OF THESE TERMS & CONDITIONS (TERMS OF SERVICE). IF YOU DO NOT ACCEPT THESE
TERMS & CONDITIONS, THEN DO NOT USE THIS WEB SITE.
DroneHobby.Club (dronehobby.club) provides hobbyists, drone enthusiasts and other drone related users products and services related to drones & UAVs.
DroneHobby.Club’s Products may not be used for the sending of unsolicited email or otherwise known as "SPAM".
The following are the terms and
conditions for access to this
web site and use of the Products. By clicking the ‘I
Accept’ button on the sign-up page or by logging in to
DroneHobby.Club, you accept these terms and conditions.
1. Copyright and Trademark Information
Copyright ©2007 DroneHobby.Club. All rights reserved.
This web site, and the information which it contains, is the
property of DroneHobby.Club and its affiliates, and is
protected from unauthorized copying and dissemination by United States
copyright law, trademark law, international conventions and other
intellectual property laws. By way of example only, and not as a
limitation, "DroneHobby.Club" and the DroneHobby.Club logo are trademarks of DroneHobby.Club, under the applicable
laws of the United States and/or other countries. Other DroneHobby.Club product or service names or logos appearing in this Site are
either trademarks or registered trademarks of DroneHobby.Club
and/or its affiliates. The absence of a product or service name or logo
from this list does not constitute a waiver of DroneHobby.Club's trademark or other intellectual property rights
concerning that name or logo.
in each case to the terms listed in the remainder of
this Agreement, you hereby acknowledge and agree that:
The Products may not be used for the sending
email or otherwise known as "SPAM".
The Products may only be used for lawful purposes.
The Service Product will be subject to monthly subscription fees once you have completed any "applicable" promotions at the time of subscription/registration.
You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with Products within DroneHobby.Club.
You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you ("Permission Based Lists")
in connection with your use of the Products. Mere agreement of a person or entity to participate in a survey is not consent to receive correspondence from you. For
respondents to your surveys, consent to receive other correspondence is evidenced by the respondent opting into the "Join My Mailing List" link in the course of responding to your survey.
You hereby covenant that you shall not use any other lists in connection with your use of the Products within DroneHobby.Club. You acknowledge and agree that not all messages sent through
use of the Products will be received by their intended recipients.
You will comply with the restrictions on content of e-mail messages and activities using the Products as set forth in this TOS.
3. Products and Support
Products are provided subject to this Agreement, as it
may be amended by DroneHobby.Club, and any guidelines, rules or
operating policies that DroneHobby.Club may establish and post from
time to time (this "Agreement"), or as linked from all email generated
from DroneHobby.Club or otherwise furnished to you (the "Policy")
(unless otherwise stated, all references to the Agreement shall include
the Policy). By posting updated versions of the Agreement on the
DroneHobby.Club website, or otherwise providing notice to you,
DroneHobby.Club may modify the Terms of the Service (TOS), and may
discontinue or revise any or all other aspects of the Products in its
sole discretion. All such changes shall become effective upon posting
of the revised Agreement on the Product or at DroneHobby.Club's
website. The Products are available only to persons who can form
legally binding contracts under applicable law. Without limiting the
foregoing, the Products are not available to individuals under the age
of 18. If you do not qualify, you are not permitted to use the
Products. If you are using the Products in your capacity as an
employee, you must have the ability to bind your employer by your use
of the Product. You must complete the registration form on the DroneHobby.Club sign up page in order to use the Products. You shall provide true, accurate, current, and complete
information about yourself as requested in that registration form. You hereby waive any claim for damages from any problems that
may arise from such access, including without limitation any disruption
or damage caused by DroneHobby.Club or its personnel.
4. Fees and Payment
4.1 Payment. Payment for Products will be
made by a valid credit card accepted by DroneHobby.Club or other provided validated payment processors. Fees are payable in U.S.
dollars. If the monthly payment option is selected or if you have
previously provided your credit card for payment, you hereby authorize
DroneHobby.Club to charge your credit card for such amounts on a
regular monthly or annual basis beginning at the end of any promotional offers at the time of registration.
If DroneHobby.Club is for any reason unable to effect automatic
payment via your credit card, DroneHobby.Club will attempt to notify
you via email and your DroneHobby.Club account will be disabled until
payment is received. Amounts paid for the Products are not refundable.
5. Email, Permission Practices, Image Hosting & Prohibited Content
5.1 Subscriber Opt Out. Every email
message sent in
connection with the Products must contain an "unsubscribe" link that
allows subscribers to remove themselves from your mailing list.
You acknowledge and agree that you will not remove,
disable or attempt to remove or disable such said link(s). You shall monitor
and process unsubscribe requests received by you directly within 10
days of submission, and update the email addresses to which messages
are sent through your DroneHobby.Club account.
5.2 Permission Practices. You agree to
import, access or
otherwise use only Permission Based Lists in connection with your use of
the Products. You hereby covenant that you shall not use any other
lists in connection with your use of the Products. If you have used the
DroneHobby.Club feature that allows you to request a recipient to
confirm that you have his or her permission to send emails to him or
her, and such recipient has not responded or does not respond
affirmatively to such request for confirmation, you agree that you
shall not send emails to that recipient. Without limiting the
foregoing, you agree that you shall not utilize the Product to send any
commercial electronic mail message (as that term is defined in the
CAN-SPAM Act of 2003) to any person who has opted out or otherwise
objected to receiving such messages from you or another sender on whose
behalf you may be acting. You cannot mail to distribution lists,
newsgroups, or spam or unsolicited email addresses. You cannot copy a
DroneHobby.Club template or any other features or functionality from
the Products and use them for any purpose other than sending email
messages from within DroneHobby.Club. Emails that you send through DroneHobby.Club may generate spam complaints from recipients. As a matter of privacy,
DroneHobby.Club cannot share with you the email addresses of those who
complain about your email campaign. You are responsible for ensuring
that your email campaigns do not generate a number of spam complaints
in excess of industry norms. DroneHobby.Club, in its sole discretion,
shall determine whether your level of spam complaints is within
industry norms, and its determination shall be final, binding and
conclusive for all purposes under this Agreement. DroneHobby.Club will
terminate your use of its Products if DroneHobby.Club determines that
your level of spam complaints is higher than industry norms.
5.3 Footers. For every email message sent
in connection with
the Products, you acknowledge and agree that DroneHobby.Club may add
an identifying footer stating "Powered by DroneHobby.Club" or a
5.4 Use of Images Hosted by DroneHobby.Club.
by DroneHobby.Club on DroneHobby.Club controlled servers may only be
used in connection with the Products and for no other purpose
5.5 Prohibited Content. DroneHobby.Club
prohibits the use
of the Products or web site by any person or entity that:
Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services;
illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online pharmacies, credit or finance management,
mortgage and debt relief offers, odds making, and betting/gambling services.
Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious,
filthy, excessively violent, harassing or otherwise objectionable content.
Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
Promotes, solicits or participates in pyramid schemes or multi-level marketing (MLM) businesses (as deemed by current laws & regulations or said locations or jurisdiction).
Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction,
information or assistance in causing or carrying out such violence.
Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
5.6 Right to Disable Access. DroneHobby.Club, at its own
discretion, may immediately disable your access to the Products without
refund if DroneHobby.Club believes in its sole discretion that you
have violated any of the policies listed above or elsewhere in this
6. Restrictions and Responsibilities
6.1 No Rights in Software. This is an
Agreement for services
and access to this web site, and you are not granted a license to any
software by this Agreement. You will not, directly or indirectly:
reverse engineer, decompile, disassemble, or otherwise attempt to
discover the source code, object code, or underlying structure, ideas,
or algorithms of, or found at or through the Products or any software,
documentation, or data related to the Products ("Software"); remove any
proprietary notices or labels from the Products or any Software,
modify, translate, or create derivative works based on the Products or
any Software; or copy, distribute, pledge, assign, or otherwise
transfer or encumber rights to the Products or any Software.
you are an authorized reseller of the Products, you
may not display, copy, reproduce, or distribute the Software, any
component thereof, any documentation provided in connection with the
Products or the Software, or any content, including but not limited to
newsletters, distributed to you by DroneHobby.Club in connection with
the Products. Violation of these restrictions may result in the
termination of this Agreement.
6.2 Permitted Use of the Products. The
Products shall be
used for your internal business (which includes civic or charitable)
purposes only, and you shall not use the Products or any Software for
timesharing or service-bureau purposes or otherwise for the benefit of
a third party. If you are using the Products in any jurisdiction which
restricts the ability of a software provider to restrict your right to
reverse engineer, decompile, disassemble, or otherwise attempt to
discover the source code, object code, or underlying structure, ideas,
or algorithms of the Software or Products, then you hereby covenant
that, prior to engaging in such activities, you will first request that
DroneHobby.Club perform such work at its standard professional
services rates. DroneHobby.Club can then decide either: (i) to perform
the work in order to achieve such interoperability and charge its then
standard rates for such work to you; or (ii) to permit you to reverse
engineer parts of the Software in order to obtain such source code, but
only to the extent necessary to achieve such interoperability or (iii)
provide you with the information that you need regarding the Software
for the purpose for which applicable law permits you to engage in such
activities despite a contractual prohibition on such activities.
6.3 Compliance with Laws; Monitoring. You
shall use the
Products only in compliance with this Agreement, the federal CAN-SPAM
Act of 2003 and all other applicable laws (including but not
policies and laws related to spamming, privacy, obscenity, or
defamation and child protective email address registry laws). Although
DroneHobby.Club has no obligation to monitor the content provided by
you or your use of the Products, DroneHobby.Club may do so and may
block any e-mail messages, remove any such content or prohibit any use
of the Products that DroneHobby.Club believes may be (or is alleged to
be) in violation of the foregoing.
6.4 Indemnification. You hereby agree to
and hold harmless DroneHobby.Club and its business partners,
third-party suppliers and providers, licensors, officers, directors,
employees, distributors and agents against any damages, losses,
liabilities, settlements, and expenses (including without limitation
costs and reasonable attorneys' fees) in connection with any claim or
action that (i) arises from any alleged breach of this Agreement, (ii)
arises from the content or effects of any messages you distribute using
the Products or (iii) otherwise arises from or relates to your use of
the Products. In addition, you acknowledge and agree that DroneHobby.Club has the right to seek damages when you use the Products for
unlawful purposes, in an unlawful manner, and/or in a manner
inconsistent with the terms of this Agreement, and that such damages
may include, without limitation, direct, indirect, special, incidental,
cover, reliance and/or consequential damages.
6.5 Your Information. In using the varied
features of the
Products, you may provide information about yourself or your employer
(such as name, contact information, or other registration information)
to DroneHobby.Club. DroneHobby.Club may use this information and any
technical information about your use of the Products to tailor its
presentations to you, facilitate your movement through the Product, or
communicate separately with you. If you licensed the Products as a
result of solicitation by a marketing partner of DroneHobby.Club,
DroneHobby.Club may share your information with the marketing partner
and the marketing partner may share related information with DroneHobby.Club. DroneHobby.Club will not provide your contact information to
companies you have not authorized for that purpose unless required by
law or unless you are terminated from DroneHobby.Club due to
unsolicited commercial email being sent from your DroneHobby.Club
6.6 Intellectual Property Rights in Your Content.
that you will not upload or transmit any contact lists, communications
or content of any type to this web site or in connection with the
Products that infringe, misappropriate or violate any rights of any
party. By submitting ideas, concepts, inventions, or content to this
web site or using them in connection with the Products, you agree that
such submission is non-confidential for all purposes. If you make any
such submission, you agree that you will not send or transmit to
DroneHobby.Club or to any third party using the Products, any
communication or content that infringes or violates any rights of any
party. If you submit any business information, ideas, concepts or
inventions or content to DroneHobby.Club by email, you agree such
submission is non-confidential for all purposes. If you make any
submission to this web site or if you submit any business information,
idea, concept or invention to DroneHobby.Club by email, you
automatically grant—or warrant that the owner of such content
or intellectual property has expressly granted— Freelancer Lisitng a non-exclusive, royalty-free, perpetual, irrevocable,
worldwide license to use, reproduce, create derivative works from,
modify, publish, edit, translate, distribute, perform, and display such
content in any manner.
6.7 Use of Links in the Survey Product.
In connection with
the Survey Product, you hereby agree that you shall only distribute
links to the survey via the Survey Product, the Email Campaigner
or as a link on your web site.
may terminate this Agreement at any time by contacting DroneHobby.Club Support. There are no refunds for any fees
DroneHobby.Club may terminate this Agreement or the
Products, disable your account or put your account on inactive status,
in each case at any time with or without cause, and with or without
notice. DroneHobby.Club shall have no liability to you or any third
party because of such termination or action.
DroneHobby.Club may delete any of your archived data within
30 days after the date of termination. After termination, you shall
process all unsubscribe requests within 30 days of your last email
campaign. DroneHobby.Club will provide upon request the list of
unsubscribe requests from your last campaign. All sections of this
Agreement that by their nature should survive termination will survive
termination, including, without limitation, ownership, warranty
disclaimers and limitations of liability.
your account is classified (at DroneHobby.Club's sole
discretion) as inactive for over 120 days, DroneHobby.Club has the
right to permanently delete your subscriber data. DroneHobby.Club will
use good faith efforts to contact you via email prior to taking any
permanent removal actions.
8. Warranty Disclaimer; Remedies
OF THE PRODUCTS AND ANY RELIANCE BY YOU UPON THE
PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR
RELIANCE, IS AT YOUR SOLE RISK. FREELANCER LISTING DOES NOT WARRANT THAT
THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE
PRODUCTS. THE PRODUCTS ARE PROVIDED "AS IS" AND FREELANCER LISTING
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT.
sole and exclusive remedy for any failure or
nonperformance of the Products shall be for DroneHobby.Club to use
commercially reasonable efforts to adjust or repair the Products.
9. Limitation of Liability
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL FREELANCER LISTING OR ANY OF ITS UNDERLYING SERVICE PROVIDERS,
BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS,
OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY
REFERRED TO FOR PURPOSES OF THIS SECTION AS "FREELANCER LISTING") BE
LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL
DAMAGES, EVEN IF FREELANCER LISTING SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN
THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, FREELANCER LISTING IS
FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM
AGGREGATE LIABILITY OF FREELANCER LISTING TO YOU ARISING IN CONNECTION
WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE
PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE
APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY FREELANCER LISTING
TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
10. Restricted Persons; Export of Products or Technical Data
hereby warrant that you are not a Restricted Person. For
purposes of this Agreement, you are a Restricted Person if you or any
officer, director, or controlling shareholder of the entity on behalf
of which you are using the Products is (1) a national of or an entity
existing under the laws of Cuba, Iran, Sudan, Syria, or any other
country with which U.S. persons are prohibited from engaging in
transactions, as may be determined from time to time by the U.S.
Treasury Department; (2) designated as a Specially Designated National
or institution of primary money laundering concern by the U.S. Treasury
Department; (3) listed on the Denied Persons List or Entity List by the
U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or
biological weapons activities to which U.S. persons may not contribute
without a U.S. Government license; or (5) owned, controlled, or acting
on behalf of a Restricted Person. If you become a Restricted Person
during the term of this Agreement, you shall notify DroneHobby.Club
within twenty-four (24) hours, and DroneHobby.Club shall have the
right to terminate any further obligations to you, effective
immediately and with no further liability to you, but without prejudice
to your outstanding obligations to DroneHobby.Club.
agree that you shall not utilize the Products to conduct
or facilitate any transaction with any Restricted Person, except as may
be expressly authorized in advance in writing by the U.S. Government.
You may not remove or export from the United States or allow the export
or re-export of the Products, or any direct product thereof, including
technical data, in violation of any restrictions, laws, or regulations
of the United States or any other applicable country.
11. Links to Third-Party Web Sites
web site may contain links to non-DroneHobby.Club web
sites. These links are provided to you as a convenience, and DroneHobby.Club is not responsible for the content of any linked web site. Any
non-DroneHobby.Club web site accessed from this web site is
independent from DroneHobby.Club, and DroneHobby.Club has no control
over the content of that web site. In addition, a link to any
non-DroneHobby.Club web site does not imply that DroneHobby.Club
endorses or accepts any responsibility for the content or use of such
12. No Implied Endorsements
no event shall any reference to any third party or third
party product or service be construed as an approval or endorsement by
DroneHobby.Club of that third party or of any product or service
provided by a third party.
13. Notice and Take Down Procedures; Copyright Agent
you believe any materials accessible on or from this web
site infringe your copyright, you may request removal of those
materials (or access thereto) from this web site by contacting DroneHobby.Club Support and by providing
the following information:
Identification of the copyrighted work that you believe to be infringed.
Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material,
and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are
the copyright owner or are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
an effort to protect the rights of copyright owners,
DroneHobby.Club maintains a policy for the termination, in appropriate
circumstances, of subscribers and account holders of this web site who
are repeat infringers.
14. Membership, Username and Password
Membership (account) is limited to 1 business entity. Multiple membership accounts may exist
per business entity of different business names. Any account in violation may be subject to termination or
removal of duplicate accounts. You
are responsible for maintaining the security of your
account, passwords, and files. DroneHobby.Club will accept the
instructions of any individual who claims to be authorized to direct
changes to your account so long as such person presents your username
and password on-line, by e-mail or by phone. DroneHobby.Club has no
knowledge of your organizational structure, if you are registering for
the Products as an entity, or your personal relationships, if you are a
person. DroneHobby.Club shall not be responsible for the actions of
any individuals who misuse or misappropriate your contact lists or
other assets using your username and password.
If any provision of the Agreement is
found to be
unenforceable or invalid, that provision will be limited or eliminated
to the minimum extent necessary so that this Agreement will otherwise
remain in full force and effect and enforceable.
15.2 DroneHobby.Club and you agree that
this Agreement is
the complete and exclusive statement of the mutual understanding of the
parties and supersedes and cancels all previous written and oral
agreements, communications, and other understandings relating to the
subject matter of this Agreement, and that all waivers and
modifications must be in a writing signed by both parties, except as
otherwise provided herein. No delay or omission by either party in
exercising any right or remedy under this Agreement or existing at law
or equity shall be considered a waiver of such right or remedy.
No agency, partnership, joint
venture, or employment is
created as a result of the Agreement, and you do not have any authority
of any kind to bind DroneHobby.Club in any respect whatsoever.
In any action or proceeding to
enforce rights under the
Agreement, the prevailing party will be entitled to recover its costs
and attorneys' fees.
The Agreement shall be governed by
the laws of the California, USA without regard to its choice or law
or conflict of laws provisions.
you have any questions about the rights and restrictions
above, please contact DroneHobby.Club here.
Collection of Information
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill you specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
Privacy Contact Information
We reserve the right to make changes to this policy. Any changes to this policy will be posted.
you have any questions about the rights and restrictions
above, please contact DroneHobbyClub here.