Effective Date: April 17th 2017
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
AI MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT AI MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
- About the Website
AI provides an interactive platform that serves as an online marketplace for connecting skilled, insured, and licensed Pilots of unmanned aerial vehicles, such as drones with users who wish to purchase goods and services (“Clients”). On and through the Website, Clients may either purchase pre-priced flight plans from Pilots or submit job proposals/requests for Pilots to respond to in the form of bids. Pilots may post information about their skill and submits bids through the Website. Once a bid or proposal is accepted, Clients and Pilots can readily communicate with each other to form an agreement and decide the specific details for the flight plan.
AI does not involve itself in nor shall AI be a party to any agreement between Clients and Pilots. As a result, AI makes no guaranty, representation, or assurance that any agreement between Clients and Pilots will be legally enforceable if challenged. You understand and agree that AI does not deliver any goods or services on behalf of Clients or Pilots and does not make any representations regarding the quality of such goods or services, except as otherwise set forth in this Agreement. AI does not sponsor, endorse, or recommend one Pilot over another. The choice of Pilot is the Client’s alone and the Client is solely responsible for assessing any Pilot.
AI does not, in any way, supervise, direct, or control Clients or Pilots and AI makes no representations as to the reliability, capability, honesty, qualifications, licenses, certificates, exemption, or other characteristics of any Pilot. Also, AI makes no representations as to the quality, safety, or legality of any job performed by a Pilot.
- Pilot Eligibility
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
Each Pilot must also have (1) active insurance at time of any flight performed from an agreement through the Website, an (2) FAA Section 333 exemption or Remote Pilot Certification, (3) a valid government issued identification, and (4) the necessary hardware and software to perform the requested flight plan and to keep current flight logs.
AI, at its sole discretion, and at any time may request a Pilot to submit proof of (1) insurance for current or past flights performed from an agreement through the Website, (2) FAA Section 333 exemption or Remote Pilot Certification, (3) a valid government issued identification, (4) flight logs, and/or (5) military service.
You warrant and represent that any and all information that you provide to AI and the Website is accurate and valid. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the Website. You represent and warrant that you own or have the necessary licenses, rights, and permissions to publish content you submit to the Website. You agree to comply in good faith with the terms of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and AI makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
- Ownership of Website and License
Excluding your content, you acknowledge and agree that AI is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of AI.
AI hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. If you download software from the Website, the software, including all files and images contained in or generated by the Software, and accompanying data are deemed to be licensed to you by AI, for your personal, non-commercial use only. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from AI, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to AI.
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. Specially, all AI marks are the property of AI, including, but not limited to ALTITUDE IMAGERY, AI, and all AI’s logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of AI. You are prohibited from using AI’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of AI.
- Your Content
You retain full ownership rights to any content you post, upload and/or submit to the Website, including, but not limited to, images, videos, and text. You understand that AI does not guarantee the confidentiality of any content submitted to the Website and other users may view such content.
By submitting content to the Website, you hereby grant AI and its affiliates, officers, directors, employee, consultants, agents, representatives, and licensees a limited, irrevocable, worldwide, perpetual, non-exclusive, royalty free, sub-licenseable, and transferable license to use, reproduce, transmit, publicly display, distribute, edit, and make available for any purpose regardless of the form or medium. Specifically, AI may display your content in any order or orientation on the Website. You understand and agrees that the above license granted to AI terminates within a commercially reasonable time after your content is removed or deleted from the Website. Also, your understand and agrees that AI may (but is not obligated to) keep archives of your content for the purpose of maintaining business records of AI and preserving evidence of its Website activity.
Further, you agree that the content submitted to the Website will not contain third party copyrighted material, or material subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the content and to grant AI all of the license rights granted herein.
- Pilot Registration and Performance
Pilot agrees to accurately represent the services that Pilot offers for sale on the Website, including but not limited to the Pilot’s capabilities. Pilot warrants that he/she is a pilot that has clearance and permission to fly granted by the FAA, that he/she carries current and active insurance at the time of a scheduled flight, and that he/she maintains current flight logs. In addition, Pilot hereby agrees that whenever a bid is placed on a job request/proposal, that he/she has the capacity to safely fly and the hardware and software necessary to properly perform the scope of work in the flight plan.
When Pilots lists a service or makes a bid on a job request/proposal to Client on the Website that results in a job agreement, Pilot agrees and intends that by doing so, Pilot is entering into a binding agreement directly with that Client, which Pilot will honor. Pilot agrees that Pilot, not AI, will be the merchant of record for all transaction through the Website.
Pilot will deliver in accordance with the job agreement of the job purchased by a Client, unless that Client fails to meet the terms of the job agreement. Pilot shall not enter into any job agreement to provide services that require licenses that the Pilot has not obtained, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which he/she offers services.
Pilot shall consistently provide good service to Client; provide services in a competent, professional manner, of commercially reasonable quality, and in accordance with Pilot’s representations or promises concerning Pilot’s skills and abilities; and providing reasonable cooperation with AI’s efforts to ensure positive user experiences and customer satisfaction.
After Client has delivered payment to Pilot, Pilot is encouraged to solicit reviews from Client for every completed flight plan. Pilots that earn higher reviews and maintain a higher rating on the Website are more likely to earn higher service fees and are more likely to win bids on job requests/proposals.
Client may cancel a scheduled flight no later than 24 hours prior to the scheduled time of the flight. Failure to cancel a flight within this time period will result in a $25 cancellation fee to Client.
You have a duty to ensure that the information that you provide through your account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through you’re a\account if and when that information changes. You are expressly prohibited from creating an account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your account to interfere with or disrupt a third party’s enjoyment and use of the Website. AI reserves the right to restrict access to, monitor, suspend, disable, or delete your account at any time, in its sole discretion, and without prior warning.
AI may change any terms and conditions regarding your use of the Website at any time. Your use of the Website shall constitute acceptance of any changes made to this Agreement.
You agree to keep your account secure from unauthorized access. You will log in using your account password. You should not reveal your password to others. You agree that you alone are responsible for your account and all associated user profiles. You accept full responsibility for any and all use of your account, whether authorized or unauthorized. In the case of unauthorized access to your account, you agree to contact AI immediately. You agree to hold harmless and indemnify AI for any damages that arise out of or in relationship to the use of your account.
By creating an account and/or providing your email address, you agree that AI, and its designees and agents, may contact you by any available means, including, but not limited to, by email.
- Pilot and Client Communication
Any and all written communications relating to jobs, transactions, or potential transactions between Pilot and Client must be conducted through the Website. Pilot shall immediately notify AI if a Client communicates in writing with Pilot other than through the Website.
Pilot agrees to keep payment channels strictly through the Website and through the third party payment processors linked through the Website.
- Pilot Payments
Pilot agrees that for all jobs for which Pilot is entitled to payment from a Client, all payments are to be made and accepted only through a third-party payment processor provided or approved by AI. Pilot agrees to accept payments through any third-party payment processor approved by AI and shall not accept payment from a Client through any means other than an approved third-party payment processor. Pilot shall immediately notify AI if a Client requests that Pilot accept a payment by any method other than an approved third-party payment processor.
Pilot shall, at Pilot’s own expense, take all steps necessary to enable Pilot to accept payments through all approved third-party payment processors. AI may, at its sole discretion, make available the ability to communicate with and make payment using the third-party payment processor through the Website. Pilot understands and agrees that it is Pilot’s sole responsibility to review and comply with all Terms and Policies of any third parties and to pay all applicable taxes, duties, levies or charges imposed by any governmental entity anywhere in the world. Pilot understands and agrees that AI will not be held liable for any user’s failure to use the services or to complete a transaction entered into through the Website.
Pilot understands and agrees that completed flight plans are released for payment after a Client has submitted final payment and approval. Thereafter, payments are made to the Pilot’s third-party payment processor account, such as a PayPal account.
- AI Service Fee
Pilot shall pay AI a transaction-based fee for AI’s services and technology provided through the Website and otherwise (“Service Fee”). For each job agreement formed from the fixed pricing format or when flights are automatically assigned to Pilots, the Service Fee shall be equal to 35% of the total price that Pilot charges the Client for the flight plan, excluding taxes. For each job agreement formed through a Pilot successfully bidding on a job request/proposal, the Service Fee shall be equal to 15% fee of the total price that Pilot charges the Client for the flight plan, excluding taxes. Pilot shall include in taxes only sales, uses, or similar transaction-specific taxes that Pilot is required to collect and pay by virtue of the job.
AI shall have the right to collect the AI Service Fee directly from the funds provided by the paying Client through an approved third-party payment processor. Unless AI states in writing otherwise, all Service Fees are final and nonrefundable.
- Submitting a Bid to a Job Request/Proposal
All job requests/proposals from Clients are submitted to a public forum from which Pilots may opt to bid on a project. A Pilot shall only bid on projects that are within the Pilot’s realm of capacity, including but not limited to the correct equipment, proper staffing capacity, reliable method of transportation to flight location, legal capacity, appropriate licensure or exemptions to fly, and the capacity to professionally process captured content, if requested by the Client in the scope of work.
Once a Pilot has found a job request/proposal for which the Pilot would like to bid, it is up to the Pilot to accurately represent himself/herself and to price the Pilot’s services to market, taking into consideration the scope of work and the required resources to complete the flight plan.
Pilots will be allowed 5 free bids per month, additional bids will be sold to Pilots for a cost of $9.99 per 5 bids, $19.99 per 15 bids, and $29.99 for 30 bids. Pilots can also pay a fee of 10% of their bid value to make their bids a FEATURED BID. Bids that are purchased, but not used, will roll over into the next month, with the additional five free bids included in the new month. For example, if a Pilot has 10 remaining bids from the previous month, upon a new month, he will have 15 bids remaining with the addition of the 5 bids at the start of each month.
It shall be a breach of this Agreement for Pilot to fail to deliver jobs in a timely manner to the Client, as described in the job agreement, or otherwise in accordance with the scope of work in the job agreement.
- Prohibited Uses
Pilot agrees that Pilot will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, Pilot is prohibited from, without limitation:
- Transmitting unsolicited commercial email messages, or spam, through the Website or to users of the Website;
- Suggesting an affiliation with or endorsement by AI;
- Providing material that exploits people under the age of 18 in a sexual or violent way or otherwise attempting to solicit information from anyone under the age of 18;
- Promoting an illegal or unauthorized copy of another person’s copyright protected work, in whatever form, including providing pirated computer programs or software or links to them, or providing information to circumvent copyright protected notices or devices;
- Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
- Circumventing AI’s technological or security protection mechanisms;
- Using a script, robot, spider, scraper, or other automated technology to access the Website;
- Attempting to gain access to the private data or personal information of a user of the Website or a third party;
- Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
- Harassing and/or stalking a third party through your use of the Website;
- Impersonating another or creating multiple alias accounts;
- Using the Website in furtherance of any unlawful sexual solicitation;
- Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
- Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;
- Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually oriented, racially offensive, or otherwise harmful;
- Posting or transmitting content that incites any illegal activity;
- Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; or
- Posting or transmitting content that violates any term or condition of this Agreement.
Pilot’s violation of any term or condition of this section may result in the immediate termination of Pilot’s registration account and profile and the disabling of Pilot’s access to the Website.
- Section 230 of Communications Decency Act
Pilot acknowledges and agrees that AI is an interactive computer service provider under Section 230 of the Communications Decency Act. Though AI may edit, remove, or control the content displayed through the Website, Pilot agrees that AI will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
- Third Party Links
Pilot understands that the Website may contain links to third party websites, applications, or services that AI does not own or control. Pilot agrees that AI will not be held responsible or liable for the content of third party websites, applications, or services and that AI’s inclusion of those websites, applications, or services within its Website does not constitute AI’s endorsement of or recommendation of any of those websites, applications, or services.
- No Endorsement
AI does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of AI and are not intended to be used for advertising or product endorsement purposes.
- Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. AI may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement. Any breach of your payment obligations or unauthorized use of the Website, content, or services will be deemed a material breach of this Agreement. You agree and acknowledge that AI has no obligation to retain your content, and may delete your content, if you have materially breached this Agreement, and such breach has not been cured within fifteen (15) days of notice of such breach.
- Disclaimer of Warranties
AI DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES OR PRODUCTS PURCHASED THROUGH THE WEBSITE. AI PROVIDES THE WEBSITE AND THE SERVICES AND PRODUCTS PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
AI WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. AI IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. AI RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
AI WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
- Limitation of Liability
AI WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT AI CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO AI, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
FURTHER, AI WILL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend AI, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your reliance upon advice provided through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend AI under the terms of this Agreement will not provide you with the right to control AIs defense, and AI reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify AI.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. AI may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
- Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of California without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against AI or the Website will be exclusively resolved through arbitration.
YOU AND AI AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF PRODUCTS OR SERVICES FROM AI, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN CALIFORNIA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF CALIFORNIA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND AI AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF CALIFORNIA. YOU AND AI AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
ARBITRATION PURSUANT TO THIS AGREEMENT SHALL INVOLVE CLIENT AND AI ONLY IN THEIR INDIVIDUAL CAPACITIES, SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATIONS, AND SHALL NOT BE ARBITRATED AS A CLASS OR OTHER FORM OF REPRESENTATIVE ACTION. CLIENT AGREES NOT TO PARTICIPATE IN ANY ARBITRATION RELATED TO OR ARISING FROM THIS AGREEMENT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and AI will not knowingly collect personally identifiable information from children under the age of eighteen (18). If AI inadvertently collects such personally identifiable information, AI will delete the personally identifiable information in accordance with its security protocols.
Limitation On Actions
AI AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
Reservation of Rights
All rights not expressly granted herein are reserved to AI.
AI’s Website and its associated content and services are © 2017 Altitude Imagery, LLC.
AI respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights. Unless otherwise stated, this Website and all content within this site are the property of AI as owner or authorized licensee and are protected by copyright and other intellectual property laws.
By using this Website, you agree that you will not use any devices, software or automated programs such as spiders, crawlers or robots to systematically index, aggregate, download, harvest or re-publish any of its content or information.
If you believe that a user of AI’s Website has infringed upon your copyright rights, please provide AI with a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once AI receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. AI will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to AI with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:
- The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work(s) alleged to have been infringed;
- The location of the copyrighted work(s) on the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Conversely, if you are a Website user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
- Identification of the specific materials that have been removed from the Website;
- Your contact information, such as an address, telephone, fax number, or email address;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
- A statement that you consent to the jurisdiction of the federal district court in which your address is located or, if you are outside of the US, that you consent to the jurisdiction of the federal courts located in California;
- A statement that you will accept service of process from the notifying party; and
- Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to AI’s Copyright Agent: Traverse Legal, PLC, 810 Cottageview Drive, Suite G-20, Traverse City, Michigan 49684; with a copy via email to firstname.lastname@example.org.
Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
Altitude Imagery, LLC
P. O. Box 179202
San Diego Ca. 92177
A copy of any such notice must be emailed to email@example.com, but email notice alone shall not comply with the notice requirements of this Agreement.