TERMS AND CONDITIONS OF SERVICE

Introduction

These are the Terms and Conditions of Service (the “Terms”) for the electronic commerce platform available at www.SigniaFalcon.com (the “Site”), including its sub-domains and its mobile-optimized versions, along with any products and services offered thereby.  These Terms shall supplement our Privacy Policy, incorporated herein by reference.

The Site and the related products and services are provided by Signia Falcon (hereinafter referred to as “SigniaFalcon”).  The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, SigniaFalcon and/or our affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.

If you continue to browse and use SigniaFalcon, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern SigniaFalcon’s relationship with you in relation to the Site, along with any commerce services offered thereby (the “Service(s)”).

Service Disclaimer

SigniaFalcon sells flying and camera stabilization systems and related platforms and products, including commercial and recreational unmanned aerial vehicles (UAVs), intended for recreational aerial photography and videography.  

Henceforth, you acknowledge, understand and agree that our commercial and recreational UAVs and other hardware and physical products (hereinafter referred to as the “Products”) are sold under independent manufacturer warranty and terms and conditions and, thus, such third party manufacturer warranty and terms and conditions shall not be supplemented, amended or governed by these Terms.

Any manufacturer terms and conditions, local, federal or state safety regulations, other statutory requirements, and any licenses and appertaining user or pilot compliance for UAVs, are not covered by the Site, these Terms or our Services, and henceforth SigniaFalcon hereby disclaims any warranty or liability therefor.  For more information, please read our Product Disclaimer, Warranty and Liability Sections hereafter.

Account Registration and Security

SigniaFalcon does not provide its Services to persons under the age of eighteen (18).  If you are under such age, you may only use them under the direct supervision of your parent or legal guardian.

In order to use our Services, you will need to create an account, including all mandatory fields on the registration form.  You must provide accurate and complete account information.   If you use an email also used on other websites, you must use an original, different password.  You agree to keep secret the password chosen upon creating your account and not to communicate it to anybody and, if you lose or disclose it, you must promptly inform us.

You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential and must notify us immediately of any breach of security or unauthorized use of your account.  You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password.

SigniaFalcon encourages you to report violations of our Terms.  Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.

We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms.

You must notify us immediately of any change in your eligibility to use SigniaFalcon, or if you suspect a breach of security or unauthorized use of your account.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Services.

User Code of Conduct

As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site or the Services in order to:

  1. Infringe these Terms, or allow, encourage or facilitate others to do so.
  2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  3. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offence or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
  4. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
  5. Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.
  6. Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from SigniaFalcon or any portion or data feeds therefrom.

 

The term, Termination.

The term hereof shall begin on the date that comes first among (i) first access to the Site; (ii) your first access of our Services; or (iii) SigniaFalcon begins providing its Services to you.

The term hereof will automatically end on the earlier date of either your: (i) account suspension or deactivation; (ii) access termination or access revocation for our Services; (iii) SigniaFalcon's termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by SigniaFalcon to you from time to time; or (v) SigniaFalcon’s decision, at its sole and final discretion.

Third Party Links

The Site and the Services may contain hyperlinks to other websites.  These links are for your personal convenience and to provide you with further information which may be of interest to you.  The provision of such links does not imply any endorsement of such third party websites, products or services.  SigniaFalcon is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.

From time to time, we may place ads and promotions from third-party sources in the Site.  Accordingly, your participation or undertakings in promotions of third parties other than SigniaFalcon, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party.

Ownership.

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site, the Products and the Services are the property of –or otherwise are licensed to– SigniaFalcon or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United States of America and other jurisdictions throughout the world. 

Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.  No section hereof shall be construed as intent to grant to you any right transfer or interest in SigniaFalcon, the Site, the Programs and the Services, in whole or in part.

Digital Millennium Copyright Act (‘DMCA’) Notice

For DMCA Takedown Notices and alleged intellectual property rights infringement within the Site, you can get in touch with us as indicated in our contact section.  Under federal United States law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorney's fees.

You must notify us of your claim with the subject: "Takedown Request".  Once received, SigniaFalcon will study and consider your claim and, if it believes or has reason to believe any content displayed or made available via the Site infringes on another’s copyright, SigniaFalcon may delete it, disable or otherwise stop displaying it.  Please note that this procedure is exclusively for notifying SigniaFalcon and its affiliates that copyrighted material has been infringed.

Your DMCA notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content piece of which its copyright has allegedly been infringed; (iii) contact information (e.g. address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.

User Privacy

By disclosing any data and personally identifying information to us, you agree to our Privacy Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients.  We will ask for your express consent regarding the disclosure of personal data, and also for inclusion into our newsletters.  For more information, please go to our Privacy Policy.

No Warranty

Neither SigniaFalcon, nor its affiliates, subsidiaries, officers, employees and agents warranty that the Products, the Site or the Services will be error-free, uninterrupted, secure, or produce any particular results.  SigniaFalcon and its affiliates, clients, agents, officers, licensors and/or distributors do not warrant against interference with your use of the Products, the Site or the Services or that they will meet your specific commercial requirements; that any recommendation or other suggestion from SigniaFalcon will be available or particularly useful or produce any results, that the operation of the Products, the Site or the Services will be uninterrupted or error-free, that any data will be accurate, your use of or reliance on or your inability to access or use the Products, the Site or the Services, that they will interoperate or be compatible with any other software or device used by you, that any errors will be corrected or that the Products, the Site or the Services will not be discontinued without previous notice.

The Products, the Site or the Services have not been completely tested in all situations or devices, and they may or will contain operational malfunctions, errors, viruses, bugs, worms, trojan horses, bots and other harmful and destructive components or defects.  To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk.

No oral or written advice provided by SigniaFalcon, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representative, shall create any implied warranty, nor will they be responsible for any actions or omissions of yours regarding the use of the Products, the Site or the Services, such as incorrect input, format or backup of data and metadata, lost data or corrupted data.  The entire risk of satisfactory quality and performance resides with you.

SigniaFalcon, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

Specific Disclaimer

You are solely responsible for your interactions with other persons, pilots and UAVs.  You are responsible to obtain, secure, maintain and manage any and all local, state or federal licenses or permits required to use our sold Products, as applicable in your jurisdiction, place of residence or any other location where a Product is located, whether it is activated or not, whether it is being flown or not.

We do not provide personal, vehicle or insurance or any kind, and we are not responsible for any personal injury, property damage or items or belongings lost in or through any Product.  No advice or information was given by SigniaFalcon or its employees, affiliates, contractors and/or agents shall create a guarantee.

SigniaFalcon assumes no responsibility for your compliance with any applicable laws, rules and regulations in any region, including but not limited to, flying certifications, flying permits, rules and procedures related to UAV operations, insurance requirements, civil safety regulations and appertaining.

We also recommend that you obtain appropriate personal, professional and third-party damages insurance policies.  Please be sure to review any insurance policy that you may have for your travel carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, for which we will not be liable.

Legislation of some states/countries does not allow certain warranty disclaimers or limitations of liability, and henceforth this warranty exclusion shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Disclaimer of Damages

In no event shall SigniaFalcon, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of the Products, the Site or the Services, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not SigniaFalcon, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Legislation of some states/countries does not allow certain warranty disclaimers or limitations of liability, and henceforth this disclaimer of damages shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Limitation of Liability

In no event shall SigniaFalcon’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages appertaining the Products, the Site or the Services (except as required by applicable law) exceed the amount of USD$500.00 (Five Hundred United States Dollars); and henceforth any award for direct, provable damages shall not exceed such total amount.

For purposes of this limitation of liability, SigniaFalcon’s affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.

Legislation of some states/countries does not allow certain warranty disclaimers or limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Indemnification

You hereby agree and acknowledge to indemnify, hold harmless, and defend SigniaFalcon, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “SigniaFalcon’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such SigniaFalcon’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by SigniaFalcon); and/or (ii) any third party claim arising out of or in relation to the Products, the Site or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.

Generals

Entire Agreement.  These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.

No Waiver.  Failure by SigniaFalcon to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

Newsletters.  The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party.  Through our newsletters, you may receive information according to your subscriber preferences.  As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you.  If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.

No Waiver.  Failure by SigniaFalcon to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship.  You and SigniaFalcon are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Notices.  All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or:  (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt.  Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.

Severability.  If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention.  All remaining provisions of these Terms will remain in full force and effect.

Updates.  SigniaFalcon reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice.  Any changes will be displayed in the Site, and we may also notify you by email.  Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update, either by an account registration or simple use, thereby indicates your acceptance thereof.

Waiver of Class Actions, Non-Individualized Relief.  You acknowledge and accept that claims brought against SigniaFalcon shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding.  Unless otherwise agreed by you and SigniaFalcon, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.

Waiver of Jury Trial.  The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by binding arbitration.

Applicable Law, Dispute Resolution.

Applicable Law.  Your use of the Products, the Site or the Services and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of New York, without regard to conflict of law principles.

Arbitration Procedure.  In the event of any dispute or difference between the parties in relation to or arising from these Terms, including but not limited to the formation, performance, interpretation, nullification, termination or invalidation thereof, the matter shall be referred to the arbitration procedure.

Any arbitration shall take place via the American Arbitration Association (AAA) Rules.  The arbitration shall be conducted in English in the City of New York, New York, in accordance with the provisions set forth in the Rules of the AAA.  The arbitral tribunal shall comprise of one (1) arbitrator, appointed by the AAA, who shall preside the arbitral tribunal, shall be elected by the parties’ appointed arbitrators.  The award of the arbitral tribunal shall be final and binding on the parties.

The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.  The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed and that you will be responsible for our reasonable attorney’s fees, costs, and disbursements in doing so.  The unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

Forum.  For the enforcement of any arbitral claim, you agree to submit to the jurisdiction of a court in the City of New York, New York.

Contact

If you have any questions or queries about us, the Site, our Services or these Terms, please contact us at support@signiafalcon.com

Date of last effective update is 01/24/2019.