Welcome to DroneImageBank, a database of photos and videos (“Contributed Content”) that were produced by drones (the “Service”, as more fully described below). The Service is owned and operated by DroneImageBank management and these Terms of Use will govern the relationship between you and DroneImageBank ("DroneImageBank" or “We”).
These terms of use are not intended to alter the terms or conditions of any license agreement you may have with DroneImageBank, or anyone of its behalf, and to the extent of any conflict, the terms of Your license agreement will prevail.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS" OR "TERMS OF USE"), BECAUSE THEY, ALONG WITH OUR PRIVACY POLICY AND OUR LICENSE AGREEMENT, CONSTITUTE A BINDING AGREEMENT BETWEEN YOU, THE INDIVIDUAL OR THE ENTITY ACCESSING OR USING THE SERVICE, AND DRONEIMAGEBANK. BY ACCESSING THE SERVICE OR BY USING IT IN ANY MANNER, YOU SIGNIFY THAT YOU ARE OVER THE AGE OF 18 AND YOU ACCEPT THESE TERMS. IF YOU ARE USING THE SERVICE ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE DULLY AUTHORIZED TO ACCEPT THE TERMS ON BEHALF OF SUCH ENTITY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.
From time to time, We may change the Terms to meet technical, operational and legal changes. We will post a notice about changes made to the Terms on DroneImageBank's website and may send you a notice by email, reasonable time before the changes take effect. You may choose to deny the amended Terms and terminate your account. By continuing to use your account with the Service after the new changes have taken effect, you indicate your agreement to the amended Terms.
About the Service
The Service is an online image and video bank produced by drones. The Service connects drones’ operators, who upload their images and videos (“Contributed Content”) to users that are interested in using the Contributed Content. The Service offers a large variety of images and videos for commercial and non-commercial use.
From time to time, We may modify or enhance the Service, and may offer additional tools and features, free-of-charge or subject to additional fees. The additional tools and features may be governed by additional or different terms of service.
Grant of Right
Subject to these Terms, We grant you a worldwide, limited, non-exclusive, revocable, non-transferable, non-sublicensable right to use the Service. Except as explicitly provided in these Terms, you may not use the Service for any other purpose.
User Account
When you register, We will ask you to provide certain contact and personal details. We will explicitly indicate the fields that are mandatory to complete. False, incorrect, or outdated information, such as an invalid email address, may prevent you from registering and impair DroneImageBank's ability to provide you with the Service.
To login, you must provide your email address and password. We may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing the Service. You will maintain your login details in absolute confidentiality. Make sure that you change your password at least once every six months. You will immediately notify to us of any potential or actual misuse, unauthorized use, of your account.
You may terminate your account through your account page, or by contacting DroneImageBank via email at Droneimagebank.com@gmail.com. We may require you to verify your identity by sending us additional information, as a condition for terminating your account. Following the termination of your account, you may no longer be able to access the Service. You are not entitled to refund upon termination of these Terms.
If you decide to terminate your account or remove Contributed Content, We will not grant any future licenses to such Contributed Content. However, such termination will not affect licenses already granted by the Service to the Service users.
Notwithstanding any remedies that may be available to us under any applicable law, We may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove your content and take technical and legal measures to keep you off the Service, if We determine in our sole discretion that you: (i) abused your rights to use the Service; (ii) breached the Terms; (iii) violated any applicable law, rule, or regulation; (iv) performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users or providers of the Service;
Acceptable Use of the Service
When using the Service, you will abide by the applicable laws, rules and regulations, and by any usage guidelines We may convey to you from time to time.
You may not access or use the Service for any illegal or abusive purposes, or to develop or create a similar or competitive product or service to the Service. You will be responsible for all acts and omissions associated with your access and use of the Service and the access and use of the Service by employees, agents, contractors, end-users and any other third party who may access or use the Service on your behalf, or at your permission ("Authorized Users").
You represent and warrant that: (i) you have full corporate right, power and authority to enter into these Terms, and to perform the duties and obligations hereunder; (ii) the execution of these Terms and the performance of your duties and obligations hereunder, do not and will not breach any agreement to which you are a party to, or any other legally binding instrument that you are committed to; (iii) you have all the necessary rights permissions, licenses, consents and permits to use the Service, including to upload the Contributed Content and use or offer it for commercial in accordance with all applicable laws, rules and regulations; (iv) when executed and delivered, these Terms will constitute your legal, valid and binding obligation, enforceable against you in accordance with the conditions hereunder.
You may not access or use the Service –
• for or in connection with any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, foreign law or industry standard, including, without limitation, any applicable laws and regulations governing intellectual property, privacy, defamation, fraud, mass email, spam, harassment, obscenity, hate-speech, export control, consumer protection, unfair competition and false advertising or any other deceptive practices;
• to upload, post, email, transmit, record, provide a recording or otherwise make available any information and materials that infringe a third party’s right, especially privacy, publicity and intellectual property rights; software viruses, Trojan horses, worms and any other malicious application to computers and networks;
• to develop or create a similar or competitive service or product to the Service.
Restrictions
YOU MUST NOT USE THE SERVICE FOR ANY COMMERCIAL OR BUSINESS PURPOSE THAT IS NOT EXPRESSLY PERMITTED BY THESE TERMS, INCLUDING BUT NOT LIMITED TO, PROVIDING THE SERVICE TO THIRD PARTIES BY RESELLING, LICENSING, RENTING, LEASING, TRANSFERRING, LENDING, TIMESHARING, ASSIGNING, MIRRORING, REDISTRIBUTING OR DISPLAYING THE SERVICE OR ANY PART THEREOF, WITHOUT OUR PRIOR EXPLICIT PERMISSION.
Without limiting the aforesaid, you may not –
• modify any material or content we make available on the Service, except as expressly permitted under these terms;
• modify, make derivative works of, disassemble, de-compile or reverse engineer any part of the Service's software code;
• interfere with, burden or disrupt the functionality of the Service;
• circumvent, impair or manipulate the operation of the Service;
• work around or circumvent any technical limitations in the Service or use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
• embed, frame or otherwise link directly to the Service, from any other web-page, application or other resource, without our prior written permission;
• engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the Service;
• engage in any false, misleading or deceptive acts or practices involving the Service or your identity, agency or affiliation with any person or entity;
• breach the security of the Service, or any network or server used by the Service, or identify any security vulnerabilities thereof without our prior knowledge and permission.
We may at any time, at our sole discretion and without prior notice, delete any material from our servers, in whole or in part.
Privacy
We respect your privacy. Please read our privacy policy, as it forms an integral part of these Terms. At all times.
You must make sure that our privacy practices, as specified at the Service's privacy policy, are known to Authorized Users and they act according to them.
Contributed Content
You may allow your Authorized Users to upload, make available and distribute Contributed Content, subject to any content upload technical and safety guidelines and limitations which will be conveyed to you through your account dashboard and amended from time to time.
In the event that Service user purchases a license for your Contributed Content you will be entitled to payment in accordance with the Contributed Content payment schedule. The Contributed Content payment schedule and fee rates will be determined by us and in our sole discretion. Except for the payment specified in the Contributed Content payment schedule, You will not be entitled to any other payment from the Service. The Service will transfer your payment within 10 business days as of receiving the Service user payment.
Any use of your account is subject to your sole responsibility. You represent and warrant that you will prohibit your Authorized Users to access and use the Service to contribute any illegal or abusive content, or use the Service for any abusive or illegal activity. You will take all measures to prevent any use of such content by your Authorized Users through the Service. We may, but is under no duty to, review all Contributed Content and remove or block access to such content, as more fully described below.
Content Removal
We respect the rights of our users and any other person. If you believe that your rights are abused on the Service, please send us a written complaint in accordance with these Terms.
We may report any Contributed Content and share user identifiable information, if We believe, in our sole discretion, that such content is illegal or abusive or may violate any third-party rights.
We may remove any Contributed Content if We believe, in our sole discretion, or receives a notice, from a third party, that such content may violate any third-party rights.
Filing a Complaint
At any time, you can contact us at: Droneimagebank.com@gmail.com in a complaint about Contributed Content posted on the site that harms you. You may file a coplaint whether you are a registered user or not. You must provide your identifying details and details regarding the Contributed Content’s subject of your complaint. We may require additional information to process your complaint. We will make reasonable efforts to review your complaint and respond promptly. We will not respond to anonymous complaints.
Once we have received your complaint, we may temporarily remove the Contributed Content of your inquiry, send your complaint to the user who uploaded the Contributed Content and request its response within three business days of our request.
If we temporarily remove the said Contributed Content, at the end of the three business days, we will not republish the said Contributed Content if the user who uploaded the said Contributed Content did not object to its removal or did not respond to our request. If the user who uploaded the said Contributed Content objects to its removal and declares that they are willing to defend their objection in court, we will reissue the said Contributed Content and will not remove it until a court decision instructs us to remove it.
Intellectual Property
Except for your Contributed Content, all rights, title and interest in and to the Service, including any intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to DroneImageBank. Unless as expressly provided, these Terms do not grant you any rights to patents, copyrights, trademarks (whether registered or unregistered), trade names, trade secrets, domain names or any other rights, functions or licenses with respect to the Service and you may not use the Service for any other purpose without DroneImageBank's prior, express written authorization.
Unless You purchased a package according to our license agreement You may not download, distribute, display and/or copy any Contributed Content.
We do not claim ownership over Contributed Content. However, you grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, transferable license to use, license and display your Contributed Content, for the purposes of providing, developing and supporting the Service, including using the Contributed Content for the Service marketing and advertising campaigns.
You grant DroneImageBank permission to use your name and logo in our website and any of our issued publications. If you wish to decline our use of your name and logo, please contact us at: Droneimagebank.com@gmail.com. You acknowledge that We may adjust and modify Contributed Content, per your requests.
You and any of your Authorized Users waive any moral rights in relation to the Contributed Content.
Service Fees
You may pay the Service fees by using the methods of payments as available, published and updated from time to time on the Service, such as by a credit card or by using an online payment service (e.g., PayPal).
Fees will be regarded as paid only after your credit card issuer, or your online payment service, as applicable, has confirmed the transaction.
All payment will be in US dollars.
You agree to pay all fees and taxes in a timely manner and in compliance with the Service pricing schedule and you will reimburse the Service ad DroneImageBank for any interest and collection costs resulting from overdue payments.
You acknowledge that the Service is made available to you promptly after you have paid the Service fees and that, unless provided otherwise in these Terms, the fees are not refundable.
We will make our best efforts to have a transaction processed accurately and expeditiously and reimburse you for any excess payment that you were mistakenly charged with. However, we will not be liable for mistakes, errors, malfunctions and miscalculations made in the course of transactions between you and other users.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED FOR USE "AS IS", WITHOUT ANY WARRANTIES OF ACCURACY, RELIABILITY, LIKELY-RESULT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR IT BEING UP-TO-DATE. USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRONIMAGEBANK AND ITS AFFILIATE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF THE SERVICE OR ANY OTHER MATERIAL PROVIDED BY ANY LINK TO ANOTHER WEBSITE OR SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, LIKELY-RESULT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE WHETHER MADE BY DRONIMAGEBANK AND ITS AFFILIATE'S EMPLOYEES OR OTHERWISE, WHICH IS NOT CONTAINED IN THESE TERMS, WILL BE DEEMED TO BE A WARRANTY BY DRONIMAGEBANK OR ITS AFFILIATES FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF DRONIMAGEBANK WHATSOEVER.
Limitation of Liability
DRONIMAGEBANK AND DRONIMAGEBANK'S EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON DRONIMAGEBANK'S BEHALF WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON WITH RESPECT TO THE SERVICE'S PROPERTIES, ABILITIES, LIMITATIONS, FITNESS TO YOUR NEEDS, OR WITH RESPECT TO ANY CONTENT AVAILABLE ON THE SERVICE, THAT YOU RELY ON.
DRONIMAGEBANK AND DRONIMAGEBANK’S EMPLOYEES, DIRECTORS, SHAREHOLDERS, ADVISORS OR ANYONE ACTING ON DRONIMAGEBANK'S BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT OR ERROR MADE BY DRONIMAGEBANK'S STAFF OR ANYONE ACTING ON DRONIMAGEBANK'S BEHALF, OR FROM YOUR OWN OR YOUR AUTHORIZED USERS RELIANCE ON THE CONTENT OR ON MATERIAL ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH DRONIMAGEBANK OR WITH OTHER USERS IN CONNECTION WITH THE SERVICE, OR FROM ANY REPORTING OF CONTRIBUTED CONTENT TO THE LAW ENFORCEMENT AUTHORITIES OR ANY OTHER AUTHORITY – WHETHER OR NOT DRONIMAGEBANK HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.
Without derogating anything from the above, DroneImageBank and its affiliate's total liability under this agreement in contract, tort, negligence, pre-contract or other representations or otherwise arising out of, or in connection with this agreement or the performance or observance of its obligations under this agreement, and every applicable part of them will be limited to an amount equal to the total amount actually received by DroneImageBank during the three (3) months before such loss or damage first occurred.
Indemnification
You will indemnify, defend and hold harmless, DroneImageBank, DroneImageBank’s affiliate and DroneImageBank and DroneImageBank affiliate's employees, directors, shareholders, advisors or anyone acting on DroneImageBank's behalf with respect of any claim, demand, damage, loss, loss of profit, payment or expense, including reasonable attorney fees DroneImageBank incur in connection with breach of these Terms or an unlawful or tortuous action or inaction with respect to the Service by you or by anyone on your behalf. Such indemnity will include, but will not be limited to, legal expenses and attorney fees.
Correction of Errors
We make efforts to ensure the reliability and availability of the Service. However, errors, mistakes and malfunctions may occur from time to time. Please help us maintaining a high level of service by contacting us at: Droneimagebank.com@gmail.com and report these errors.
Advertisements
We may include in the Service paid advertisements on behalf of interested vendors. By clicking the advertisements, you may be shifted to a service of the advertiser or receive any other messages, information or offers from the advertiser.
We are not responsible for such advertisements, the privacy practices of the advertiser or the content of their service, information, messages or offers. You are fully responsible for all communications with advertisers and to all transactions taking place subsequently. You understand that the advertisements of those vendors do not constitute a recommendation or encouragement by us, to procure the goods or services advertised.
Links
The Service and our website may contain links to other websites, information or content provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, objectionable, annoying, improper, unlawful or immoral.
By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality.
We assume no responsibility for such third-party websites or content, or their availability or for any transactions made between you and such third-party websites. We will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any third-party websites or content.
Termination of the Service’s Operation
We may, at any time and at our sole discretion, discontinue, temporarily or permanently, the operation of the Service, or any part thereof, or specifically to you. We will post a notice on our website thirty (30) days prior to such termination and we may send you a notice by email.
At any time, we may block, remove or delete any content from the Service without maintaining any backup copy.
Governing Law and Jurisdiction
These Terms, the Service or any dispute arising out of or related thereto, will be governed solely by the laws of the State of Israel, regardless of your country of origin or where you access the Service, and without giving effect to any conflicts of law principles, which would result in the application of the laws of a jurisdiction other than the State of Israel.
The competent courts in the Tel Aviv district in Israel will have sole and exclusive jurisdiction over any claim in connection with the Service and in respect of any matter relating to the validity, applicability, performance or interpretation of these Terms. You agree to the exclusive jurisdiction of the above-mentioned courts, agree to accept service of process by any means permitted by the applicable law and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.
Information Security
We and our hosting services implement systems, applications and procedures to secure your information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. These measures provide sound industry standard security. However, although we make efforts to protect your information, we cannot guarantee that our systems will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
General
These Terms along with the Privacy Policy specified and our License Agreement constitute the entire agreement between you and DroneImageBank with respect to the access and use of the Service and supersede any and all agreements, negotiations and understandings, whether written or oral, about the Service.
No waiver, concession, extension, representation, alteration, addition or derogation from these Terms will be effective unless effected in writing and expressly.
No Assignment
You may not assign or transfer your rights and/or obligations under the Terms. Any attempted or actual assignment or transfer by you will be null and void. We may assign or transfer our rights and obligations under the Terms to any third party, provided that your rights under the Terms are not compromised by such assignment or transfer.
Interpretation
The paragraph headings herein are intended solely for the purpose of orientation and reading convenience, and will not be used for interpretation purposes.
Changes and Availability
We may from time to time change the Service's structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any prior notice. Changes of this character by their very nature are likely to result in glitches or cause inconvenience. We will not be held responsible for any outcome of these changes, and failures resulting from them.
Severability
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
Contact Us
You may contact DroneImageBank with any question about the Service, through the contact form at: Droneimagebank.com@gmail.com. DroneImageBank will make efforts to address your inquiry promptly
