07 September 2019
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”).
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.
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.
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:
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.
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.
American Arbitration Association
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.
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