DRL Drone Duels Terms & Conditions

DRL Drone Duels Terms of Use

Last Updated and Effective as of: September 6, 2019

Welcome to the DRL Drone Duels app (the “Application”).  The Application is maintained and operated by Drone Racing League Inc. (“Company”, “we”, “our” or “us”).

Access and use of the Application is subject to the following terms and conditions (the “Terms of Use”) and all applicable laws.  By accessing or using any part of the Application, you accept, without limitation or qualification, these Terms of Use. If you do not agree with our Terms of Use set forth below, do not use any portion of the Application. Use of the Application is also governed by our Application’s Privacy Policy available at http://thedroneracingleague.com/drl-drone-duels-privacy-policy, which is incorporated herein by reference. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO CREATE AN ACCOUNT OR TO ACCESS OR USE THE SERVICES. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO PARTICIPATE IN ANY PROMOTIONS AS DEFINED BELOW (“RESTRICTED FEATURES”).  IF YOU ARE YOUNGER THAN EIGHTEEN (18) (OR THE AGE OF LEGAL MAJORITY WHERE YOU LIVE): (1) YOU MAY NOT ACCESS OR USE RESTRICTED FEATURES, AND (2) YOU MAY USE THE APPLICATION (OTHER THAN RESTRICTED FEATURES) ONLY UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF USE. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER UNDER THE AGE OF EIGHTEEN (18), YOU AGREE TO BE FULLY RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SUCH USER IN RELATION TO ANY USE OF THE APPLICATION. 

These Terms of Use contain an arbitration agreement and class action waiver. Please read them carefully as they affect your legal rights.

Authorized Use of Application:  The Application is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Application requires the prior written consent of Company. The Application is intended for users situated in the United States only.

Unauthorized Use of Application:  You may not (i) modify, adapt, create derivative works from or translate any part of the Application, (ii) reverse engineer, decompile or disassemble the Application or otherwise attempt to obtain its source code, underlying ideas, algorithms, file formats or programming interfaces of the Application, (iii) use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Application, (iv) take any action to interfere with, or disrupt, the Application or any other user’s use of the Application, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Application, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use, (v) interfere or attempt to interfere with the proper working of the Application or any activities conducted on the Application, (vi) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Application (or other accounts, computer systems or networks connected to the Application), (vii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; (viii) frame portions of the Application within another Application; tamper with the Application; and you may not resell use of, or access to, the Application to any third party without our prior written consent.

Account Creation: You may register for an account with us (an “Account”) by providing an email address. An Account allows you to participate in the “Play” feature of the Application, where you can guess which pilots will place first, second and third on a heat-by-heat basis. You must provide accurate and complete information. You shall not use another person’s Account with the intent to impersonate that person. You are solely responsible for the activity that occurs on your Account. You may not use another person’s Account or registration information without permission. You must notify us immediately of any breach of security or unauthorized use of your Account. You may not resell use of, or access to, the App or your Account to any third party.

Account Termination: In addition to any right or remedy that may be available to us under these Terms and Conditions or applicable law, we reserve the right to terminate, suspend or cancel any Account, or to suspend, limit or terminate your access to the Application, at any time for any reason with or without notice. You understand and agree that cancellation of your Account and/or ceasing use of the Application are your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute arising out of or directly or indirectly related to: (a) any provision contained in or our enforcement or application of these Terms of Use or any other agreement between us, (b) the content available on or through the Application, or any change in or to such content, or (c) your ability to access and/or use the Application.

Proprietary Rights: We are the owners of or otherwise licensed to use all parts of the Application, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Application belong to third parties who have authorized us to display the materials, such as logos, trademarks and other proprietary materials.  By using the Application, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Application. All rights not granted under these Terms of Use are reserved by Company. 

No Ideas Accepted: We do not accept any unsolicited ideas to the Application from outside Company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our Application, or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to the Application, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

Promotion Codes, Premiums/Giveaways and/or Coupon Terms:
From time-to-time, we may make certain offers, sales, Promo Codes (defined below), offer cards and gift codes, services, discounts, coupon offerings, promotional credits, new customer referral incentives, free samples, specials, user-generated content opportunities, contests, sweepstakes and other promotions (each a “Promotion” and, collectively, the “Promotions”) available to you. Promotions may be publicized on the Application, through advertisements, and/or through other marketing channels. If you participate in, use, or apply any Promotion, you will be subject to these Terms of Use and any additional terms, conditions, rules, and policies applicable to the Promotion.

Unless otherwise disclosed in any applicable Promotion-specific terms, conditions, rules, or policies, Promotions are not combinable with other Promotions, have expiration dates, cannot be applied to past purchases, are subject to certain caps and limitations, are non-transferable, can only be used once per household, can only be redeemed through the Services, and may be suspended or terminated at any time by Company at Company’s sole discretion. Company determines, in its sole discretion, the accrual rates, redemption amounts and thresholds, and method and timing for the application or implementation of any Promo Code, referral credit, discount, promotional credits or other Promotion and/or any other restrictions as may be determined and communicated by Company in its sole discretion. Only valid promotional codes provided or promoted by Company will be honored. Theft, reproduction, duplicate requests and/or other behavior intended to circumvent the proper redemption of promotional codes is prohibited and may constitute fraud. Discount codes must be entered at checkout. 

Notwithstanding anything to the contrary herein, Company may, in Company’s sole discretion, create promotional codes that may be redeemed for discounts, credit, or other features or benefits related to the Company Services, or third-party provider’s services, subject to terms that Company establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) shall only be used by the intended audience and for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Company; (iii) may be disabled by Company at any time for any reason without liability to Company and without notice; (iv) may only be used pursuant to the specific terms that Company establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Company determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.  As a user, you agree to receive newsletters, requests to participate in user satisfaction surveys and promotional emails, including, without limitation, certain third-party offers. 

Third Party Websites, Apps and Application: Certain features in the Application may contain links to or facilitate access to other websites, apps, content and services not operated by us. These third party websites, apps, content and services may also refer to or link to our Application. We encourage you to read the terms of use and privacy statements of each and every website, app or service that you visit both within or outside of our Application.  We are not responsible for the practices, content or services of such third parties even if it appears within and/or are accessible through our Application.

Website Content: The Application may provide you with access to our website located at https://thedroneracingleague.com/ (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by the Website’s Terms of Use and Privacy Policy located at https://thedroneracingleague.com/terms-and-conditions/ and https://thedroneracingleague.com/privacy-policy/, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of these Terms of Use.

Updates: We may from time to time in our sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet, either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions set forth in these Terms of Use.

No Warranties: WHILE WE USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE APPLICATION, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE APPLICATION. WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE APP. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE APPLICATION, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE APPLICATION. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF THE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO US FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. 

Changes:  All information posted on the Application is subject to change at any time.  In addition, these Terms of Use may be changed at any time; provided, any material modifications will only be applied prospectively. We will make such changes by posting them on the Website at http://thedroneracingleague.com/drl-drone-duels-terms-conditions, which you can access by following the link in the Application. You should check the Application for such changes frequently.  Your continued access of the Application after such changes demonstrates your acceptance of those changes.

Indemnification:  You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Application, (ii) any breach by you of any of these Terms of Use, (iii) any violation of applicable law.  

Severability:  If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies:  The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms of Use.  The rights and remedies of Company under these Terms of Use and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.

Governing Law; Dispute Resolution; Arbitration:   The laws of the State of New York shall govern these Terms of Use. While we will make reasonable efforts to resolve any disagreements you may have with us, if these efforts fail you agree that all claims, disputes or controversies against us arising out of these Terms of Use (“Claims”) shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) you seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association

Application: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Use, in which case these Terms of Use will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties. 

ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND COMPANY HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL. 

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration. 

California Notice: Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Application of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

Additional Terms for Users of Apple Devices: If you have downloaded the Application via the iTunes Store, the following shall apply: You acknowledge and agree that these Terms and Conditions are solely between you and us, not Apple, and that Apple has no responsibility for the App. Your use of the Application must comply with Apple’s App Store Terms and Conditions, located at http://www.apple.com/legal/internet-Application/itunes/us/terms.html. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Application with respect to the App. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions and any law applicable to us as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Application or your possession and/or use of the Application including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Terms and Conditions and any law applicable to us as provider of the App. You acknowledge that, in the event of any third party claim that the Application  or your possession and use of the Application infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You and we acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as relates to your license of the Application, and that, upon your acceptance of the these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as relates to your license of the Application against you as a third party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.

Contact Us:  Should you have any questions regarding these Terms of Use you may contact us at duels@thedroneracingleague.com.