| Language: |
Please read these Terms of Service and our Privacy Policy (http://www.dronezerogravity.com/#!privacypolicy/c8zg) carefully before using Isaac Nichols’ ("Drone Zero Gravity") Services.
Whenever you use the Services, you agree that these Terms of Service will control the relationship between you and Drone Zero Gravity. If you do not agree to all the terms and conditions, you must not use our Services.
1. DEFINITIONS
a) In-App Purchases - Non-Virtual Goods available for purchase through the Services. Including, but not limited to remove ads, infinite lives, or full upgrade.
b) IP right — Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, Content, Item, or combinations thereof.
c) Privacy Policy — Drone Zero Gravity policy regarding privacy. The current version is found at http://www.dronezerogravity.com/#!privacypolicy/c8zg.
d) Service or Services — Any game, website, and other related services by Drone Zero Gravity and its affiliates.
e) Terms of Service or Term — These terms of service
f) Virtual Goods— Digital material Drone Zero Gravity may make available under certain restrictions. Including, but not limited to gold, gold coins, and coins.
2. OWNERSHIP AND LIMITED LICENSE — SERVICES LICENSED NOT SOLD
a) Ownership. All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Drone Zero Gravity game client, and the Drone Zero Gravity game clients and server software) are owned or licensed by Drone Zero Gravity. Drone Zero Gravity reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
b) License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Drone Zero Gravity policies, Drone Zero Gravity grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services for your own non-commercial entertainment purposes. You agree to not use the Services for any other purpose.
c) License Limitations. Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by Drone Zero Gravity based on average usage of the Services from other users.
You acknowledge you will not directly or indirectly:
1. Partake in any activity or action that Drone Zero Gravity deems to be against the spirit or intent of the Services.
2. Copy, distribute or reproduce any Service or related content.
3. Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or Drone Zero Gravity itself.
4. Initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person's use or enjoyment of the Service.
5. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Drone Zero Gravity employee.
6. Attempt to gain unauthorized access to the Service or Accounts not belonging to you.
d) Virtual Goods and/or In-App Purchases.
1. No matter what else is said in these Terms or anywhere else within the Services, you have no right or title to In-App Purchases and Virtual Goods, regardless of whether they were "earned" or purchased within the Services. Virtual Goods and In-App Purchases are owned by Drone Zero Gravity and are licensed to you under the same rules as 2(a).
3. FEES AND PAYMENT TERMS
a. Within the Services, you may purchase, with "real world" money, a limited license to use Virtual Goods and/or In-App Purchases. Drone Zero Gravity may manage, regulate, control, modify or eliminate all Virtual Goods and/or In-App Purchases at any time, with or without notice. Drone Zero Gravity shall have no liability to you or any third party if Drone Zero Gravity exercises any such rights.
b. Virtual Goods or In-App Purchases purchased within the Services on other platforms such as Steam, Facebook, Apple iOS, or Android will be subject to those platforms' payment terms and conditions. Drone Zero Gravity does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information.
c. ALL SALES ARE FINAL AND YOU ACKNOWLEDGE THAT DRONE ZERO GRAVITY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTAY OR INVOLUNTARY.
4. DURATION
a) Unless modified or amended by Drone Zero Gravity, this agreement and its provisions shall remain in effect. Termination of any license granted by Drone Zero Gravity under this agreement does not affect any other provisions of this agreement.
5. SERVICE AND AVAILABILITY
a) You acknowledge that Drone Zero Gravity may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Service.
b) You acknowledge that admission to the Service may be interrupted for reasons within or beyond the control of Drone Zero Gravity, and that Drone Zero Gravity cannot and does not guarantee you will be able to use the Services whenever you wish to do so.
6. DISCLAIMERS OF LIMITATIONS OF LIABILITY
Drone Zero Gravity includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Drone Zero Gravity, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Drone Zero Gravity, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the [Product], (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve Drone Zero Gravity’s or will not revoke approval of this product for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Drone Zero Gravity and Epic. Drone Zero Gravity, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Drone Zero Gravity, Epic, Epic’s licensors, nor its or their affiliates, nor any of Drone Zero Gravity’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Drone Zero Gravity, Epic, Epic’s licensors, nor its or their affiliates, nor any of Drone Zero Gravity’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this [Agreement] or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Drone Zero Gravity’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Drone Zero Gravity, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Drone Zero Gravity, Epic, Epic’s licensors, its and their affiliates, and any of Drone Zero Gravity’s or Epic’s service providers shall be limited to the full extent permitted by law.
7. ADDITIONAL WARRANTIES AND REPRESENTATIONS BY YOU
YOU ACKNOWLEDGE THAT THE DRONE ZERO GRAVITY AND DRONE ZERO GRAVITY AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICE RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF DRONE ZERO GRAVITY AND/OR THE DRONE ZERO GRAVITY AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID DRONE ZERO GRAVITY AND/OR THE DRONE ZERO GRAVITY AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID DRONE ZERO GRAVITY OR ANY DRONE ZERO GRAVITY AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DRONE ZERO GRAVITY AND/OR ANY DRONE ZERO GRAVITY AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.
8. INDEMNITY
a) You agree to defend, indemnify and hold harmless Drone Zero Gravity, any third-parties under agreement with Drone Zero Gravity, any parent, subsidiary or affiliate of Drone Zero Gravity, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
1. Your failure to comply with any provision of this agreement;
2. Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
3. Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
b) You acknowledge, and further agree, that Drone Zero Gravity has no obligation to defend, indemnify or hold harmless you in any way related to this agreement including, but not limited to, your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
10. DISPUTE RESOLUTION
a) Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency.
b) Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of ninety (90) days or if Drone Zero Gravity, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, you agree that either you or Drone Zero Gravity may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association.
1. The American Arbitration Association (AAA) will run the arbitration between you and Drone Zero Gravity, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
2. YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. Accordingly, you and Drone Zero Gravity agree that neither shall attempt to have any other Dispute related to any other party, including but not limited to any class action, joined to any arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.
11. GENERAL PROVISIONS
a) It is your responsibility to read, understand and accept this agreement in connection with your use of the Services. You acknowledge that Drone Zero Gravity may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only.
b) Force Majeure. Both you and Drone Zero Gravity shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any causes of like or different kind beyond the control of you or Drone Zero Gravity, as applicable under the circumstances.
c) No Waiver. If We do not enforce a provision of these Terms, or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.
d) Waiver. Signed written consent from a legally authorized representative of Drone Zero Gravity is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
e) Injunctive Relief. You and Drone Zero Gravity acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. you and/or Drone Zero Gravity) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
f) Governing Law and Venue. This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of Illinois, or, as appropriate, by federal law as applied by a federal court sitting in Illinois, both without regard to Illinois choice of law rules.
Whenever you use the Services, you agree that these Terms of Service will control the relationship between you and Drone Zero Gravity. If you do not agree to all the terms and conditions, you must not use our Services.
1. DEFINITIONS
a) In-App Purchases - Non-Virtual Goods available for purchase through the Services. Including, but not limited to remove ads, infinite lives, or full upgrade.
b) IP right — Any intellectual property right, including but not limited to any copyright, trademark, patent, trade secret, industrial design right, database right, software, idea, concept, method, invention, Content, Item, or combinations thereof.
c) Privacy Policy — Drone Zero Gravity policy regarding privacy. The current version is found at http://www.dronezerogravity.com/#!privacypolicy/c8zg.
d) Service or Services — Any game, website, and other related services by Drone Zero Gravity and its affiliates.
e) Terms of Service or Term — These terms of service
f) Virtual Goods— Digital material Drone Zero Gravity may make available under certain restrictions. Including, but not limited to gold, gold coins, and coins.
2. OWNERSHIP AND LIMITED LICENSE — SERVICES LICENSED NOT SOLD
a) Ownership. All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Drone Zero Gravity game client, and the Drone Zero Gravity game clients and server software) are owned or licensed by Drone Zero Gravity. Drone Zero Gravity reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Service.
b) License. Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Drone Zero Gravity policies, Drone Zero Gravity grants you a non-exclusive, non-transferable, revocable limited license, subject to the limitations in these Terms, to access and use the Services for your own non-commercial entertainment purposes. You agree to not use the Services for any other purpose.
c) License Limitations. Any use of the Services in violation of these License Limitations is strictly prohibited, and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. Further, we may delete accounts that are deemed inactive. "Inactive" will be defined by Drone Zero Gravity based on average usage of the Services from other users.
You acknowledge you will not directly or indirectly:
1. Partake in any activity or action that Drone Zero Gravity deems to be against the spirit or intent of the Services.
2. Copy, distribute or reproduce any Service or related content.
3. Attempt to harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, or Drone Zero Gravity itself.
4. Initiate, assist, or become involved in any form of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person's use or enjoyment of the Service.
5. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Drone Zero Gravity employee.
6. Attempt to gain unauthorized access to the Service or Accounts not belonging to you.
d) Virtual Goods and/or In-App Purchases.
1. No matter what else is said in these Terms or anywhere else within the Services, you have no right or title to In-App Purchases and Virtual Goods, regardless of whether they were "earned" or purchased within the Services. Virtual Goods and In-App Purchases are owned by Drone Zero Gravity and are licensed to you under the same rules as 2(a).
3. FEES AND PAYMENT TERMS
a. Within the Services, you may purchase, with "real world" money, a limited license to use Virtual Goods and/or In-App Purchases. Drone Zero Gravity may manage, regulate, control, modify or eliminate all Virtual Goods and/or In-App Purchases at any time, with or without notice. Drone Zero Gravity shall have no liability to you or any third party if Drone Zero Gravity exercises any such rights.
b. Virtual Goods or In-App Purchases purchased within the Services on other platforms such as Steam, Facebook, Apple iOS, or Android will be subject to those platforms' payment terms and conditions. Drone Zero Gravity does not control how you can pay on those platforms. Please review those platforms' terms of service for additional information.
c. ALL SALES ARE FINAL AND YOU ACKNOWLEDGE THAT DRONE ZERO GRAVITY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTAY OR INVOLUNTARY.
4. DURATION
a) Unless modified or amended by Drone Zero Gravity, this agreement and its provisions shall remain in effect. Termination of any license granted by Drone Zero Gravity under this agreement does not affect any other provisions of this agreement.
5. SERVICE AND AVAILABILITY
a) You acknowledge that Drone Zero Gravity may in its sole and absolute discretion provide subsequent versions, enhancements, modifications, upgrades or patches related to any part of the Service.
b) You acknowledge that admission to the Service may be interrupted for reasons within or beyond the control of Drone Zero Gravity, and that Drone Zero Gravity cannot and does not guarantee you will be able to use the Services whenever you wish to do so.
6. DISCLAIMERS OF LIMITATIONS OF LIABILITY
Drone Zero Gravity includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Games, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Drone Zero Gravity, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Drone Zero Gravity, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the [Product], (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve Drone Zero Gravity’s or will not revoke approval of this product for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Drone Zero Gravity and Epic. Drone Zero Gravity, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Drone Zero Gravity, Epic, Epic’s licensors, nor its or their affiliates, nor any of Drone Zero Gravity’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with this [Agreement], including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Drone Zero Gravity, Epic, Epic’s licensors, nor its or their affiliates, nor any of Drone Zero Gravity’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with this [Agreement] or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Drone Zero Gravity’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Drone Zero Gravity, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Drone Zero Gravity, Epic, Epic’s licensors, its and their affiliates, and any of Drone Zero Gravity’s or Epic’s service providers shall be limited to the full extent permitted by law.
7. ADDITIONAL WARRANTIES AND REPRESENTATIONS BY YOU
YOU ACKNOWLEDGE THAT THE DRONE ZERO GRAVITY AND DRONE ZERO GRAVITY AFFILIATES ARE NOT LIABLE
(1) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR
(2) FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.
THE RISK OF USING THE SERVICE RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICE.
TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICE, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF DRONE ZERO GRAVITY AND/OR THE DRONE ZERO GRAVITY AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID DRONE ZERO GRAVITY AND/OR THE DRONE ZERO GRAVITY AFFILIATE IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
IF YOU HAVE NOT PAID DRONE ZERO GRAVITY OR ANY DRONE ZERO GRAVITY AFFILIATE ANY AMOUNT IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DRONE ZERO GRAVITY AND/OR ANY DRONE ZERO GRAVITY AFFILIATE IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
Some states or countries do not allow the exclusion of certain warranties or the limitations/exclusions of liability described above. So these limitations/exclusions may not apply to you if you reside in one of those states or countries.
8. INDEMNITY
a) You agree to defend, indemnify and hold harmless Drone Zero Gravity, any third-parties under agreement with Drone Zero Gravity, any parent, subsidiary or affiliate of Drone Zero Gravity, and any employee, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, injuries, damages, losses or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to:
1. Your failure to comply with any provision of this agreement;
2. Your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and
3. Your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
b) You acknowledge, and further agree, that Drone Zero Gravity has no obligation to defend, indemnify or hold harmless you in any way related to this agreement including, but not limited to, your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.
10. DISPUTE RESOLUTION
a) Informal Resolution. With respect to the resolution of any controversy related to this agreement (hereinafter “Dispute”) you agree to try to resolve any Dispute informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency.
b) Mandatory Binding Arbitration. If you are not able to satisfactorily resolve a Dispute informally within a total of ninety (90) days or if Drone Zero Gravity, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Dispute informally within a total of ninety (90) days, you agree that either you or Drone Zero Gravity may request resolution by final and fully binding arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association.
1. The American Arbitration Association (AAA) will run the arbitration between you and Drone Zero Gravity, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
2. YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THIS AGREEMENT AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE YOUR LEGAL RIGHT TO SUE IN COURT AND/OR HAVE A JURY TRIAL WITH RESPECT TO ANY SUCH DISPUTE. Accordingly, you and Drone Zero Gravity agree that neither shall attempt to have any other Dispute related to any other party, including but not limited to any class action, joined to any arbitration in which you are involved. Thus, to the fullest extent permitted by law no arbitration proceeding shall be joined with any other or decided on a class-action basis.
11. GENERAL PROVISIONS
a) It is your responsibility to read, understand and accept this agreement in connection with your use of the Services. You acknowledge that Drone Zero Gravity may make changes to the provisions of this agreement at any time and that Section headings in this agreement are for purposes of convenience only.
b) Force Majeure. Both you and Drone Zero Gravity shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by war, terrorism, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of god, or any causes of like or different kind beyond the control of you or Drone Zero Gravity, as applicable under the circumstances.
c) No Waiver. If We do not enforce a provision of these Terms, or our Privacy Policy, that does not waive our right to do so later. And, if We do expressly waive a provision of these Terms, or our Privacy Policy that does not mean it is waived for all time in the future. Any waiver must be in writing and signed by both you and us to be legally binding.
d) Waiver. Signed written consent from a legally authorized representative of Drone Zero Gravity is required to waive any provisions of this agreement. Any waiver of any provision of this agreement, intentional or otherwise, shall not be deemed a waiver of any other provisions of this agreement.
e) Injunctive Relief. You and Drone Zero Gravity acknowledge that breach of this agreement may result in irreparable harm and loss, and upon a breach of this agreement the non-breaching party (i.e. you and/or Drone Zero Gravity) shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law and/or any other remedies set forth in this agreement.
f) Governing Law and Venue. This agreement and any controversy related to this agreement shall be interpreted in accordance with and governed by the laws of the state of Illinois, or, as appropriate, by federal law as applied by a federal court sitting in Illinois, both without regard to Illinois choice of law rules.