Drone Arezzo Srl General Terms of Use for My Drone Stock

 

Last updated March 25, 2020. Replaces all prior versions.

 

These General Terms of Use ("General Terms"), along with any applicable Additional Terms (see section 1.2 below) and the Subscription and Cancellation terms (collectively "Terms") govern your use of our website, customer support and services (collectively “Services”), as well as any Content Files (defined below). If you have entered into another agreement with us concerning specific Services, then the terms of that agreement control where it conflicts with the Terms. As discussed more in section 4 below, you retain all rights and ownership you have in your Content (defined below).

 

1. Your Agreement with Drone Arezzo Srl.

1.1 Choice of Law and Contracting Entity.

If you reside in Italy your relationship is with Drone Arezzo Srl, an Italian company, and the Terms are governed by Italian law. If you reside outside of Italy, your relationship is with Drone Arezzo Srl, and the Terms are governed by Italian law. You may have additional rights under the law. We do not seek to limit those rights where it is prohibited to do so by law.

1.2 Additional Terms. Our Services are licensed, not sold, to you, and may also be subject to one or more of the additional terms below ("Additional Terms"). If there is any conflict between the terms in the General Terms and the Additional Terms, then the Additional Terms govern in relation to that Service. The Additional Terms are subject to change.

2. Privacy.

2.1 Privacy. For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy

2.2 Our Access to Your Content. Where permitted by law, we will only access, view, or listen to your Content (defined in section 4.1 below) in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your Content to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (c) enforce the Terms. Our automated systems may analyze your Content using techniques such as machine learning. This analysis may occur when the Content is sent, received, or stored. From this analysis, we are able to improve the Services.

 

3. Use of Services.

3.1 License. Subject to your compliance with the Terms and the law, you may access and use the Services and Software.

3.2 Drone Arezzo Srl Intellectual Property. We (and our licensors) remain the sole owner of all right, title, and interest in the Services. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services. We reserve all rights not granted under the Terms.

3.3 Storage. When the Services provide storage, we recommend that you also back up your Content elsewhere regularly. We may create reasonable technical limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account. At the end of your license term, we will use commercially reasonable efforts to allow you to transition your Content out of the Services. The transition must be completed within 30 days from the date of the termination or expiration of your license term. At the end of this 30-day transition period, we reserve the right to delete your Content. 

3.4 Content Files. "Content Files" means Drone Arezzo Srl assets provided as part of the Services. Unless documentation or specific licenses state otherwise, we grant you a personal, non-exclusive, non-sublicensable, and non-transferable license to use the Content Files to create your end use (i.e., the derivative application or product authored by you) into which the Content Files, or derivations thereof, are embedded for your use ("End Use"). You may modify the Content Files prior to embedding them in the End Use. You may reproduce and distribute Content Files only in connection with your End Use, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of the End Use.

 

4. Account Information. 

You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator); or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services and Software.

 

5. User Conduct.

5.1 Responsible Use. Drone Arezzo Srl communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly.

5.2 Misuse. You must not misuse the Services. For example, you must not:

(a) copy, modify, host, stream, sublicense, or resell the Services;

(b) enable or allow others to use the Services using your account information;

(c) access or attempt to access the Services by any means other than the interface we provide or authorize;

(d) circumvent any access or use restrictions put into place to prevent certain uses of the Services;

(e) share Content, or engage in behavior that violates anyone’s intellectual property rights (“Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights);

(f) upload or share any Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;

(g) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(h) attempt to disable, impair, or destroy the Services;

(i) upload, transmit, store, or make available any Content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services;

(j) disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way);

(k) engage in chain letters, junk mails, pyramid schemes, phishing, spamming, or other unsolicited messages;

(l) place an advertisement of any products or services in the Services except with our prior written approval; 

(m) use any data mining or similar data gathering and extraction methods in connection with the Services; or

(n) violate applicable law (including, but not limited to, where applicable, COPPA).

 

6. Fees and Payment. 

6.1 Taxes and Third-Party Fees. You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.

6.2 Credit Card Information. If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us to continue billing your account with the updated information that we obtain.

 

7. Your Warranty and Indemnification Obligations. 

7.1 Warranty. By uploading your Content to the Services or, you agree that you have: (a) all necessary licenses and permissions to use and Share your Content; and (b) the rights necessary to grant the licenses in the Terms. 

7.2 Indemnification. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of or related to your Content, your use of the Services, or your violation of the Terms.

 

8. Disclaimers of Warranties.

8.1 Unless stated in the Additional Terms, the Services are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services will be effective, accurate, or reliable; (c) the quality of the Services will meet your expectations; or (d) any errors or defects in the Services will be corrected.

8.2 We specifically disclaim all liability for any actions resulting from your use of any Services. You may use and access the Services at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service.

8.3 If you post your Content on our servers to publicly Share through the Services, we are not responsible for: (a) any loss, corruption, or damage to your Content; (b) the deletion of Content by anyone other than Drone Arezzo Srl; or (c) the inclusion of your Content by third parties on other websites or other media.

 

9. Limitation of Liability.

9.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Services. Nothing in the Terms limits or excludes our liability for gross negligence, for our, or our employees’, intentional misconduct, or for death or personal injury. 

9.2 The limitations and exclusions in this section 10 apply to the maximum extent permitted by law.

 

10. Termination.

10.1 Termination by You. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees.

10.2 Termination by Us. If we terminate the Terms, or your use of the Service(s) for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your Content. Unless stated in any Additional Terms, we may, at any time, terminate your right to use and access the Services if:

(a) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);

(b) you fail to make the timely payment of fees for the Services, if any

(c) you materially breach any provision of the Terms, and (i) the breach cannot be corrected; or (ii) we notify you of the breach and you fail to correct it within 14 days of the notice;

(d) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services);

(e) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services);

(f) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);

(g) we elect to discontinue the Services, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or

(h) there has been an extended period of inactivity in your free account.

 

10.4 Survival. Upon the expiration or termination of the Terms, some or all of the Services may cease to operate without prior notice. Any perpetual licenses you have will continue in full force and effect, however. Your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in the Terms will survive. 

 

11. Investigations.

11.1 Screening. We do not review all content uploaded to the Services, but we may use available technologies, vendors, or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall).

11.2 Disclosure. We may access or disclose information about you or your use of the Services: (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public.

 

12. Trade Control Laws.

The Services and your use of the Services, are subject to Italian and international laws, restrictions, and regulations that may govern the import, export, and use of the Services. You agree to comply with all the laws, restrictions, and regulations.

 

13. Dispute Resolution.

13.1 Process. If you have any concern or dispute, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, any resulting legal actions must be resolved through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify. 

13.2 No Class Actions. You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

13.3 Injunctive Relief. Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services in violation of the Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

14. Audit Rights.

If you are a business, company, or organization, then we may, no more than once every 12 months, upon seven 7 days’ prior notice to you, appoint our personnel or an independent third-party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of any and all Services is in conformity with its valid licenses from us. Additionally, you will provide us with all records and information requested by us within 30 days of our request in order for us to verify that the installation and use of any and all Services is in conformity with your valid licenses. If the verification discloses a shortfall in licenses for the Services, you will immediately acquire any necessary licenses, subscriptions, and applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification.

 

15. Updates and Availability.

15.1. Updates to the General Terms and Additional Terms. We may modify these General Terms, any Additional Terms or Subscription and Cancellation terms, for example, to reflect changes to the law or changes to our Services. You should look at the Terms regularly. We will post notice of modifications to these General Terms and Additional Terms on this page. By continuing to use or access the Services after the revisions are in effect, you agree to be bound by the revised Terms.

15.2. Updates to the Services. We may modify, update, or discontinue the Services (including any portions or features) at any time, without liability to you or anyone else. However, for changes to paid offerings, we will make reasonable efforts to notify you of the modification, update or discontinuation. If we discontinue the Services in its entirety, we will also allow you a reasonable time to download your Content and we may provide you with a pro rata refund for any unused fees for that Service that you prepaid.

15.3. Availability. Webpages describing the Services are accessible worldwide, but this does not mean all Services or service features are available in your country or that user-generated content available via the Services is legal or available in your country. Access to certain Services (or certain Service features, Sample Files or Content Files) in certain countries may be blocked by us or foreign governments. It is your responsibility to make sure your use of the Services is legal or available where you use them. Services are not available in all languages.

 

16. No Modifications, Reverse Engineering.

Except as expressly permitted in the Terms, you may not (a) modify, port, adapt or translate any portion of the Services; or (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or any portion of any Service. If the laws of your jurisdiction give you the right to decompile the Software to obtain information necessary to render the licensed portions of the Services interoperable with other software, you must first request such information from us.  We may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decompilation of the Services to ensure that our and our suppliers’ proprietary rights in the Services are protected.

 

17. Miscellaneous.

17.1 Notice to Drone Arezzo Srl. You may send notices to us at the following email address: ###MAIL###

17.2 Notice to You. We may notify you by email, postal mail, postings within the Services, or other legally accepted means.

17.3 Non-Assignment. You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under the Terms to a third party.

17.4 Headings. Headings used in these General Terms or Additional Terms are provided for convenience only and will not be used to construe meaning or intent.

17.5 Severability. If any provision of these General Terms or any Additional Terms is held invalid or unenforceable for any reason, the General Terms and any Additional Terms will continue in full force and effect. 

17.6 No Waiver. Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision.

 

18. DMCA.

We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”).