1. Use of this Site. The Commercial Drone Fund (the “Fund”) provides you with access to and use of the Site subject to your compliance with the Terms. We control and operate the Site from our offices in the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access and use the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
2. Prohibited Uses. The Site may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of your posting on or through the Site. The Fund specifically prohibits any use of the Site for: (a) posting any (i) information which is incomplete, false, inaccurate, or not your own, (ii) trade secrets, including non-public inventions, (iii) copyrighted material, (iv) intellectual property owned by a third party unless you have a valid license from the owner which permits you to post it or (v) material that infringes on any other intellectual property, privacy or publicity right of another; (b) impersonating another person; (c) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; or (d) transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws. In addition, you are prohibited from violating or attempting to violate the security of the Site or the Fund's systems or network security, including, without limitation, the following: (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "mailbombing," "crashing," or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of the Site's or the Fund's systems or network security may result in civil or criminal liability.
3. Your Information. The Fund's use of any information you provide, including via the Site, shall be governed by these Terms and you acknowledge and agree that you are solely responsible for the accuracy and content of such information. Do not provide any information that you consider to be proprietary or a trade secret, or which you desire to be treated as confidential. The Fund does not agree to any obligation of confidentiality, non-use or non-disclosure with respect to information submitted to the Fund. By submitting information or materials to the Fund, you understand, acknowledge and agree that such information and/or materials will not be treated as confidential, trade secret, or proprietary. The Fund undertakes no obligation to review information submitted by you, or to return such information to you. The Fund may receive information that is similar to information you submit, or may have already received information containing ideas and plans that are the same as or similar to ideas and plans contained in information you submit to the Fund. In no event shall the Fund be limited in, or restricted from, the pursuit of any opportunities, either alone or with third parties.
4. Fund Proprietary Rights. The Site, including all of its contents, including text, images, audio, and the HTML used to generate the pages, ("Content"), are the property of Fund or that of our partners, portfolio companies, or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without the specific written permission of the Fund. Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site. When you upload, submit, store, or send content to our Site you hereby grant to the Fund a non-exclusive, perpetual, sublicenseable, irrevocable, worldwide, and royalty-free license to use such content for any purpose, subject to the express terms of this Agreement. The Fund logos and service names are trademarks of the Fund (the "Fund Marks"). Without the Fund's prior permission, you agree not to display or use the Fund Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Fund Mark without the prior written consent of the Fund. The Fund Marks may be registered in the United States and internationally.
5. Links from and to the Site. This Site may link to other websites operated or content provided by third parties, and such other websites may link to this Site. The Fund has no control over any such other websites or their contents and will have no liability arising out of or related to such websites or their contents. The existence of any such links does not constitute an endorsement of such websites, the contents of the websites or the operators of the websites. The Fund is providing these links to you only as a convenience.
6. Disclaimer of Warranties. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUND DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. THE FUND MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN PARTICULAR, NOTHING IN THIS SITE CONSTITUTES PROFESSIONAL AND/OR FINANCIAL ADVICE. THE FUND IS NOT OFFERING INVESTMENT ADVISORY SERVICES NOR IS IT OFFERING TO SELL SECURITIES. ADVICE FROM A SUITABLY QUALIFIED PROFESSIONAL SHOULD ALWAYS BE SOUGHT IN RELATION TO ANY PARTICULAR MATTER OR CIRCUMSTANCE. IF YOU ARE NOT SATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. IN NO EVENT SHALL THE FUND, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS (THE “COMMERCIAL DRONE FUND PARTIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF THE FUND OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD THE FUND, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, IN ANY WAY ARISING FROM, RELATED TO OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS OR THE POSTING OR TRANSMISSION OF ANY MATERIALS ON OR THROUGH THE SITE BY YOU, INCLUDING, BUT NOT LIMITED TO, ANY THIRD PARTY CLAIM THAT ANY INFORMATION OR MATERIALS YOU PROVIDE INFRINGES ANY THIRD PARTY PROPRIETARY RIGHT.
7. General Information. You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You consent to jurisdiction of the state and federal courts of California for enforcement of these Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. The failure of the Fund to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign these Terms or any of your rights or obligations under these Terms without the Fund's express written consent. These Terms inure to the benefit of the Fund's successors, assigns and licensees. The Terms constitute the entire agreement between you and the Fund and govern your use of the Site, superseding any prior agreements between you and the Fund. You may also be subject to additional terms and conditions that are applicable to certain parts of the Site.