DRONE 55, INC. TERMS AND CONDITIONS

 

LAST UPDATED 05/08/2019

 

WE RECOMMEND THAT YOU PRINT THESE TERMS AND CONDITIONS FOR YOUR RECORDS. 

 

TERMS AND CONDITIONS

 

1. ACCEPTANCE OF THE TERMS AND CONDITIONS. Please read this entire agreement. THE TERMS AND CONDITIONS (“Terms”, or alternatively “Agreement”) of these Terms CONSTITUTE A CONTRACT BETWEEN YOU (hereafter “You”, or alternatively “Your”, or “Client”) AND Drone 55, Inc., (hereafter “Drone 55”) for itself and the benefit of its affiliates and subsidiaries, AND GOVERN Drone 55 Services AND ACCESS TO This site (“Site”) and services BY YOU, AGENTS AND END-USERS. By ordering from Drone 55, You agree to be at least 18 years of age and competent to Accept the Terms and conditions of these Terms, You have read these Terms before agreeing, You understand its contents, and You freely accept the terms. TO accept and AGREE TO THESE TERMS, CLICK “ACCEPT” at the bottom of this page OR click checkbox “I AGREE with Terms and Conditions”. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “ACCEPT” at the bottom of this page, do not click checkbox “I AGREE with terms and conditions,” AND DO NOT USE THE SERVICES. These Terms shall be binding upon You, heirs, legal representatives and assigns. By accepting these Terms, or by purchasing Services or by accessing Site, or authorizing or permitting any Agent or End-User to access or use the Services, You agree to be bound by these Terms. If You are entering into these Terms on behalf of a company, organization or another legal entity (“Entity”), You are agreeing to these Terms for that Entity and representing to Drone 55 that You have the authority to bind such Entity and its affiliates to these Terms, in which case the terms “You,” “Your” or related capitalized terms herein shall refer to such Entity and its affiliates.  If You do not have such authority, or if You do not agree with these Terms, You must not accept these Terms and may not use the Services.

 

2. DEFINITIONS

 

2.1 “Drone 55” means Drone 55, Inc., its affiliates, subsidiaries and their respective officers, directors, employees, agents, independent contractors and representatives.

 

2.2 “FAA” shall mean the Federal Aviation Administration. 

 

2.3 “NAS” shall mean the National Airspace System. 

 

2.4 “UA” shall mean Unmanned Aircraft, an aircraft operated without the possibility of direct human intervention from within or on the aircraft.

2.5 “sUAS” shall mean a Small Unmanned Aircraft System and its associated elements (including communication links and the components that control the Unmanned Aircraft) that are required for the safe and efficient operation of the Unmanned Aircraft in the National Airspace System. 

2.6 “CS” shall mean Control Station, an interface used by the Remote Pilot in Command or the person manipulating the controls to control the flight path of the Unmanned Aircraft.

2.7 “FCM” shall mean flight crew member, a person on the Unmanned Aircraft System flight team that can be the Remote Pilot in Command, person manipulating the flight controls of the Small Unmanned Aircraft System, or Visual Observer, but may include other persons as appropriate or required to ensure the safe operation of the aircraft.

2.8 “RPIC” shall mean Remote Pilot in Command, a flight crew member who holds a current Federal Aviation Administration Remote Pilot Certificate with a Small Unmanned Aircraft System rating, and has the final authority and responsibility for the operation and safety of a Small Unmanned Aircraft System operation conducted under Title 14 of the Code of Federal Regulations (14 CFR) part 107.

2.9 “Person Manipulating the Flight Controls” shall mean a person under the direct supervision of a Remote Pilot in Command where the Remote Pilot in Command has the ability to immediately take direct control of the flight of the unmanned aircraft.

2.10 “SSO” shall mean Sensor System Operator, a flight crew member who has remote control of the Unmanned Aircraft gimbal and any applicable payload/sensor.

2.11 “VO” shall mean a Visual Observer, a flight crew member.

2.12 “VLOS” shall mean visual line-of-site.

2.13 “AGL” shall mean above ground level.

2.14 “COA” shall mean Certificate of Waiver or Authorization. 

2.15 “Photograph/Visual Images” shall mean any type of recording, including photographs, projections, digital images, drawings, renderings, video recordings, or accompanying written descriptions.

2.16 “FOV” shall mean field of view. 

2.17 “Final Edited Photograph” shall mean the edited photograph.

2.18 “Retouching” shall mean digitally manipulating and/or altering a Photograph/Visual Image, including but not limited to; adding and/or removing objects, painting elements and/or objects, altering pixels, or manipulating pixels. Also known as Photoshopping.

2.19 “First Delivered Video” shall mean the first cut of the edited video delivered to You.

2.20 “Final Delivered Video” shall mean the final cut of the edited video delivered to You. 

2.21 “Minor Alteration” shall mean a single edit session consisting of less then one hour of video editing time. 

2.22 “Major Alteration” shall mean more then one hour of video editing time.

2.23 “Equirectangular Projection” shall mean a group, or sequence of photographs stitched together by means of post-processing, to create a single image, from a single fixed location, with a horizontal field of view of 360-degrees, and a vertical field of view of 360-degrees, with an aspect ratio of 2:1. An Equirectangular Projection is the base source file when creating a spherical Interactive Panorama.

2.24 “Cylindrical Projection” shall mean a group, or sequence of photographs stitched together by means of post-processing, to create a single image, from a single fixed location, with a maximum horizontal field of view of 360-degrees, and a typical vertical field of view of 45-degrees. Additional vertical field of view can be obtained by adding an additional row, group, or sequence of Photographs, with a maximum vertical field of view of 120-degrees. A Cylindrical Projection is the base source file when creating a cylindrical Interactive Panorama or Flat Interactive Panorama. 

 

2.25 “Interactive Panorama” shall mean a group, or sequence of photographs stitched together by means of post-processing and HTML coding, to create a cubed cylindrical/spherical 360-degree panorama, from a single fixed location, with interactive features. 

2.26 “Flat Interactive Panorama” shall mean a group, or sequence of photographs stitched together by means of post-processing and HTML coding, to create a non-cubed cylindrical 360-degree panorama, from a single fixed location, with interactive features.

2.27 “Gigapan” shall mean a group, or sequence of photographs stitched together by means of post-processing, to create a high resolution cylindrical projection, from a single fixed location. 

2.28 “Appointment” shall mean the scheduled date and time Drone 55 will perform Services. 

2.29 “RAW” shall mean unedited Photograph/Visual Image(s), taken straight from camera. 

2.30 "Scope of Work"  shall mean the document that describes the specific Services to be performed by Drone 55, including any work product (“Deliverable”) to be delivered by Drone 55, and other information necessary to define the work to be performed by Drone 55.

2.31 “Magic Hour AM” shall start immediately after sunrise, and end after approximately 30 mins.

2.32 “Magic Hour PM” shall start approximately 30 mins before sunset, and end at sunset.

2.33 “Twilight AM” shall start approximately 20 mins before sunrise, and end at sunrise.

2.34 “Twilight PM” shall start immediately after sunset, and end after approximately 20 mins. 

2.35 “TFR” shall mean a Temporary Flight Restriction. A Temporary Flight Restriction is a type of Notice to Airmen. A Temporary Flight Restriction defines an area restricted to air travel due to a hazardous condition, a special event, or a general warning for the entire Federal Aviation Administration airspace. The text of the actual Temporary Flight Restriction contains the fine points of the restriction. 

2.36 “NOTAM” shall mean a Notice to Airmen. A Notice to Airmen is a notice filed with the Federal Aviation Administration to alert aircraft pilots of potential hazards along a flight route or at a location that could affect the safety of the flight. 

2.37 “HDR” shall mean high-dynamic-range, a technique used in photography to reproduce a greater dynamic range of luminosity than is possible with standard digital imaging or photographic techniques. 

2.38 “Draft” shall mean a preliminary version of any Deliverable.

 

3. SERVICES. Drone 55 Services and Deliverables will be determined by your purchase on this Site (“Services”). You shall have the option to purchase Services that best fit Your needs. When available, You can purchase additional add-ons. Services and add-ons must be purchased on this Site. If Services include local attractions, all locations of local attractions must be provided at time of purchase. Taking Photograph/visual images of local attractions are pursuant to the Terms of Paragraph 9 (Location Release). Any specific shots or stylistic requests are not guaranteed and must be requested at time of purchase. Drone 55 reserves the right to refuse such requests. Drone 55 strives to provide quality Services and works diligently to pursue this, including working hand in hand with You in achieving this common goal. You or Your representative is invited to share in the creative process of Photograph/Visual Image acquisition while on-site. Absent that representation, You shall accept Drone 55’s best judgment as to, but not limited to; color, content, composition, and interpretation of the Scope of Work. Any reshoot based on the aforementioned will be at the Your expense. You understand and agree that acquisition tasks vary widely in degree of difficulty and possible outcome. Due to the inherent nature of sUAS, certain inaccuracies in Photograph/Visual Image perspective or aesthetics are understood. Drone 55 reserves the right to submit supplemental invoice(s) to You for any additional fees not included in Services, in accordance with the terms of paragraph 5 (Payment) of these Terms.

4. SAFETY ACKNOWLEDGMENT. Drone 55 reserves the right to keep the UA grounded, or discontinue flight if it is determined that flight conditions are unsafe. Unsafe flight conditions include but are not limited to; winds in excess of 10 mph, fog, clouds less than 500 feet above UA and/or less than 2000 feet horizontally from UA, ambient temperatures below 40-degrees Fahrenheit, ambient temperatures above 95-degrees Fahrenheit, less than 3 statute miles (“SM”) of visibility, or precipitation. Drone 55 reserves the right to abort, or modify flight, if it is determined that shots pose unnecessary risk to persons, or property. UA cannot be flown higher than 400 feet AGL, unless (a) flown within a 400-foot radius of a structure, and does not fly higher than 400 feet above the structure’s immediate uppermost limit, or (b) a COA has been obtained that allows a deviation from the AGL limits. UA must remain within VLOS, unless a COA has been obtained that allows a deviation from the VLOS requirements. To ensure safety, You and all persons must remain a minimum of 25 feet from sUAS, UA, CS, UA take-off and landing zone(s), RPIC, SSO, VO, and flight crew at all times.

 

5. PAYMENT. All Services require a minimum 50% Retainer (“Retainer”) prior to booking Services. The remaining balance will be due upon delivery of low resolution Deliverable proofs with watermark. Once proofs have been delivered, the remaining balance will be invoiced to You and the remaining balance will be due in full prior to delivery of Deliverables. Drone 55 reserves the right to submit supplemental invoice(s) to You for any additional Services not included in Your purchase and/or the Scope of Work, including but not limited to, additional Photograph/Visual Image, data acquisition, and additional location visit(s). Additional fees can include but are not limited to; $350 per hour for any extra Photograph/Visual Image or data acquisition, $350 for each additional site visit, $500 per hour for any additional Gigapan processing/editing, $150 per hour for any additional Equirectangular Projection processing, $150 per hour for any additional Cylindrical Projection processing/editing, $150 per hour for any additional Interactive Panorama processing/editing, $150 per hour for any additional Flat Interactive Panorama processing/editing, $150 per hour for additional video editing, $150 per hour for additional photo editing, additional travel expenses, and additional personnel fees. All invoices, including any supplemental invoice(s), are due in full within seven (7) calendar days, unless another payment schedule has been requested by You and agreed upon in writing by Drone 55. If invoice(s) are not paid in full within seven (7) calendar days, You will be charged an interest rate of 2.0% per week on past due balances. All sales of Services are final, AND RETAINER IS NON-REFUNDABLE. Prices for Services offered may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

 

6. DELIVERY AND TURNAROUND. Turnaround time will commence on the first business day following the Appointment. “Business Day” means any day except (a) a Saturday or Sunday or (b) a day on which the New York Stock Exchange or the NASDAQ Stock Market is closed for trading; (c) a California State Holiday; or (d) December 20 through January 4. Standard turnaround time for the following deliverables are as follows:

 

6.1 Turnaround for one (1) First Delivered Video is five (5) Business Days after completion of image acquisition, and Drone 55 acquisition personnel returns to Los Angeles.

6.2 Turnaround for more than one (1) First Delivered Videos will be determined by Drone 55.

6.3 Turnaround for less than ten (10) Final Edited Photographs is three (3) Business Days after You have chosen your picks from proofs and Drone 55 confirms receipt of Photo Choices. 

6.4 Turnaround for more than ten (10) Final Edited Photographs will be determined by Drone 55.

6.5 Turnaround for one (1) Equirectangular Projection Rough Draft is seven (7) Business Days after completion of image acquisition, and Drone 55 acquisition personnel returns to Los Angeles.

6.6 Turnaround for more than one (1) Equirectangular Projection Rough Draft will be determined by Drone 55.

6.7 Turnaround for one (1) Equirectangular Projection Final Draft is fifteen (15) Business Days after Drone 55 has received Your written approval of Draft and Drone 55 confirms receipt of Your approval.

6.8 Turnaround for more than one (1) Equirectangular Projection Final Draft will be determined by Drone 55.

6.9 Turnaround for one (1) Final Equirectangular Projection is fifteen (15) Business Days after Drone 55 has received Your written approval of Draft and Drone 55 confirms receipt of Your approval.

6.10 Turnaround for more than one (1) Final Equirectangular Projection will be determined by Drone 55.

6.11 Turnaround for one (1) Cylindrical Projection Rough Draft is seven (7) Business Days after completion of image acquisition, and Drone 55 acquisition personnel returns to Los Angeles.

6.12 Turnaround for more than one (1) Cylindrical Projection Rough Draft will be determined by Drone 55.

6.13 Turnaround for one (1) Cylindrical Projection Final Draft is fifteen (15) Business Days after Drone 55 has received Your written approval of Draft and Drone 55 confirms receipt of Your approval.

6.14 Turnaround for more than one (1) Cylindrical Projection Final Draft will be determined by Drone 55.

6.15 Turnaround for one (1) Final Cylindrical Projection is fifteen (15) Business Days after Drone 55 has received Your written approval of Draft and Drone 55 confirms receipt of Your approval.

6.16 Turnaround for more than one (1) Final Cylindrical Projection will be determined by Drone 55.

6.17 Turnaround for one (1) Interactive Panorama is seven (7) Business Days after Drone 55 has received Your written approval of Final Cylindrical Projection and/or Final Equirectangular Projection and Drone 55 confirms receipt of Your approval.

6.18 Turnaround for more than one (1) Interactive Panorama(s) is will be determined by Drone 55.

6.19 Turnaround for one (1) Flat Interactive Panorama is seven (7) Business Days after Drone 55 has received Your written approval of Final Cylindrical Projection and/or Final Equirectangular Projection and Drone 55 confirms receipt of Your approval.

6.20 Turnaround for more than one (1) Flat Interactive Panorama(s) is will be determined by Drone 55.

6.21 Turnaround for one (1) Equirectangular Projection Rough Draft is seven (7) Business Days.

6.22 Turnaround for more than one (1) Equirectangular Projection Rough Draft will be determined by Drone 55.

6.23 Turnaround for one (1) Equirectangular Projection Final Draft is fifteen (15) Business Days after Drone 55 has received Your written approval of Draft and Drone 55 confirms receipt of Your approval.

6.24 Turnaround for more than one (1) Equirectangular Projection Final Draft will be determined by Drone 55.

6.25 Turnaround for one (1) Final Equirectangular Projection is fifteen (15) Business Days after Drone 55 has received Your written approval of Draft and Drone 55 confirms receipt of Your approval.

6.26 Turnaround for more than one (1) Final Equirectangular Projection will be determined by Drone 55.

6.27 Turnaround for one (1) Gigapan Rough Draft is ten (10) Business Days after completion of image acquisition, and Drone 55 acquisition personnel returns to Los Angeles.

6.28 Turnaround for more than one (1) Gigapan Rough Draft will be determined by Drone 55.

6.29 Turnaround for one (1) Gigapan Final Draft is twenty one (21) Business Days after Drone 55 has received Your written approval of Draft.

6.30 Turnaround for more than one (1) Gigapan Final Draft will be determined by Drone 55.

6.31 Turnaround for one (1) Final Gigapan is twenty one (21) Business Days after Drone 55 has received Your written approval of Draft.

6.32 Turnaround for more than one (1) Final Gigapan will be determined by Drone 55.

6.33 Turnaround for RAW H.264/H.265 video(s) is two (2) Business Days.

6.34 Turnaround for RAW ProRes and/or CinemaDNG requires shipping a hard drive to You and will be determined by Services.

6.35 Turnaround for RAW photograph(s) is two (2) Business Day.

6.36 Rush delivery is available for an additional charge, when available. All rush delivery requests must be requested by You in advance of Services and must be accepted by Drone 55. Drone 55 reserves the right to refuse such requests.

 

7. CANCELLATION AND RESCHEDULING. All cancellations, or rescheduling, requires a 48 hour notice prior to Appointment(s), or You will be subject to additional charges, including but not limited to, any travel fees associated with the Appointment cancellation(s), and/or Appointment rescheduling. Additionally, You will be responsible for all non-refundable expenses made prior to Appointment cancellation(s) or Appointment rescheduling, whether or not a 48 hour notice was given. Appointments canceled, and/or Appointments rescheduled with less than a 48 hour notice, or if TFR, NOTAM, or unsafe flight conditions set forth in paragraph 4 (Safety Acknowledgement) of this Agreement prevent Services with less than 48 hour notice, Appointment(s) will be rescheduled and You will be responsible for: (a) $500 rescheduling fee; (b) any additional Photograph/Visual Image or data acquisition fee(s); and (c) any travel fee(s) associated with Appointment rescheduling, in addition to the Contract Price. You will be invoiced for any Appointment cancellation(s), and/or Appointment rescheduling fees in accordance with the terms of paragraph 5 (Payment) of this Agreement.

 

8. CHANGE OF SCOPE. 

 

8.1 ADDITIONAL SERVICES. If at any time during the term of these Terms You request that Drone 55 provide additional services, or requests a modification or change in the Scope of Work, You and Drone 55 will follow the procedure set forth below: 

8.2 CHANGE ORDER REQUEST. You will submit to Drone 55 by means of a written order all requests for additional services that alter, amend, enhance, add to, or delete from the Scope of Work (the "Change Order"). 

8.3 CHANGE ORDER EVALUATION. Drone 55 will evaluate each Change Order, without charge, within ten (10) days of its receipt and will provide You with: (a) the change in cost as a result of the Change Order; (b) the impact, if any, of the Change Order on the Appointment and delivery; and (c) the availability of Drone 55 resources to carry out the Change Order. Drone 55 may, in its sole discretion, refuse to carry out any proposed Change Order. 

8.4 CHANGE ORDER ACCEPTANCE.  If Drone 55 agrees to carry out the proposed Change Order, You will promptly give Drone 55 written authorization to carry out the Change Order by executing the Change Order. 

8.5 PERFORMANCE OF CHANGE ORDER. Drone 55 will begin performance in accordance with a Change Order immediately upon its execution by You. Drone 55 has no obligation to perform any additional services before receiving the executed Change Order and You have no obligation to pay Drone 55 for any services performed pursuant to a Change Order before that Change Order is executed by You. 

8.6 CHANGE ORDER AS BINDING AGREEMENT. Once fully completed and executed, each Change Order is deemed to be incorporated into and to be part of these Terms and will constitute a formal amendment to these Terms, adjusting fees, and completion dates to the extent set forth in the Change Order.

 

9. LOCATION RELEASE. You acknowledge that You have obtained permission from said property owner, and You grant permission to Drone 55, it’s employees and agents, to take, and use photograph/visuals images of the interior, and exterior of property, including but not limited to, a residence, or commercial building, using Drone 55 photography system, including but not limited to, sUAS, UA, or other photograph/visual images recording equipment. Permission includes the right to bring personnel, equipment and supplies onto the property, and to remove them after completion of work. Equipment and supplies include but are not limited to; sUAS, UA, and other photograph/visual images recording equipment. The permission herein granted shall include the right, but not the obligation, to photograph the actual name connected with the premises, and to use such name in the photograph/visual images. Drone 55 does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the Deliverables. In such cases, You are solely responsible for determining whether release(s) is/are required in connection with Your proposed use of the Deliverables, and You are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for photograph/visuals images, and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release. You are also solely responsible for payment of any amounts that may be due under, and compliance with any other terms of, any applicable collective bargaining agreements as a result of Your use of the Deliverables.

 

10. CFR 14 PART 107. The FAA regulates the operation of sUAS in the NAS. All sUAS operations in the NAS must be operated in accordance with Title 14 of the Code of Federal Regulations (14 CFR) part 107. Drone 55 is not responsible for any TFR, or NOTAM. Should a TFR, and/or NOTAM prevent flight within 48 hours of Appointment, or any time during Appointment, Appointment will be rescheduled to a later date, and You will be responsible for any additional fees set forth in paragraph 6 (Cancellations and Rescheduling) of this Agreement. 

 

11. VISUAL LINE OF SITE. With vision that is unaided by any device other than corrective lenses, the RPIC, the VO (if one is used), and the person manipulating the flight control of the sUAS must be able to see the UA throughout the entire flight in order to: (1) Know the UA location; (2) Determine the UA attitude, altitude, and direction of flight; (3) Observe the airspace for other air traffic or hazards; and (4) Determine that the UA does not endanger the life or property of another. (b) Throughout the entire flight of the UA, the ability described in this paragraph must be exercised by either: (1) The RPIC; or (2) the person manipulating the flight controls of the sUAS; or (3) A VO.

 

12. VISUAL OBSERVER. The VO (if one is used) is a flight crew member. If a VO is used during the aircraft operation, all of the following requirements must be met: (a) The RPIC, the person manipulating the flight controls of the sUAS, and the VO must maintain effective communication with each other at all times. (b) The RPIC must ensure that the VO is able to see the UA in the manner specified in paragraph 11 (Visual Line of Site). (c) The RPIC, the person manipulating the flight controls of the sUAS, and the VO must coordinate to do the following: (1) Scan the airspace where the UA is operating for any potential collision hazard; and (2) Maintain awareness of the position of the UA through direct visual observation. A person may not operate or act as an RPIC or VO in the operation of more than one UA at the same time.

 

13. CERTIFICATE OF WAIVER OR AUTHORIZATION. The FAA may issue a COA authorizing a deviation from any regulation specified in §107.205 if the Administrator finds that a proposed sUAS operation can safely be conducted under the terms of that COA.

 

14. STAGING. It is Your responsibility to prepare and stage the location(s) of Services(s) prior to filming. Drone 55 will take Photograph/Visual Images of location as-is. Drone 55 is not responsible for staging the location(s), including but not limited to, moving equipment, trash, or automobiles. Drone 55 is not responsible for unwanted objects, items, or subjects captured while taking Photograph/Visual Images, including but not limited to, persons, automobiles, cranes, and equipment.

 

15. RAW PHOTOGRAPHS. If applicable, RAW photograph(s) are electronically delivered in Digital Negative (.DNG) file format, or other RAW file format pursuant to equipment, in accordance with, the terms of Paragraph 6 (Delivery and Turnaround) of these Terms.

 

16. RAW VIDEO. If applicable, RAW video(s) are electronically delivered in either MPEG-4 (.MP4), or Quicktime (.MOV) file format, in accordance with, the terms of Paragraph 6 (Delivery and Turnaround) of these Terms.

 

17. EDITED PHOTOGRAPHS. Photograph Editing includes, cropping, straightening, adjusting exposure, adjusting temperature, and adjusting white balance. Retouching requests will be billed at $150 per hour. You will choose photograph(s) (“Photo Choice(s)”) to be edited from photograph proofs (“Proofs”), and Photo Choice(s) will be edited. Final Edited Photograph(s) are delivered in JPEG (.JPG) file format, in accordance with, the terms of Paragraph 6 (Delivery and Turnaround) of these Terms. After delivery of Final Edited Photograph(s), additional edits will be billed at $150 per hour. 

 

18. SPHERICAL PANORAMA. If applicable, Equirectangular Projection(s) are electronically delivered in JPEG (.JPG) file format, in accordance with, the terms of Paragraph 6 (Delivery and Turnaround) of these Terms. Equirectangular Projections do not include Retouching. Any editing, or Retouching requested by You will be billed at $100 per hour. You understand and agree that Equirectangular Projection acquisition tasks have a high degree of difficulty, and require specific weather, and lighting conditions. Drone 55 is not responsible for unsafe flight conditions set forth in paragraph 4 (Safety Acknowledgement) of these Terms, and reserves the right to keep the UA grounded or discontinue flight, if it is determined that flight conditions are unsafe, unacceptable, or prohibitive of Equirectangular Projection acquisition. Unacceptable flight conditions include but are not limited to; winds in excess of 3 mph, fog, clouds, ambient temperatures below 40-degrees Fahrenheit, ambient temperatures above 95-degrees Fahrenheit, lack of visibility, precipitation, or proximity of structures. Should Drone 55 deem flight conditions unacceptable, or if unsafe flight conditions set forth in paragraph 4 (Safety Acknowledgement) of this Agreement prevent Services within 48 hours of Appointment, or any time during Appointment, Appointment will be rescheduled to a later date and You will be responsible for any additional fees set forth in paragraph 7 (Cancellations and Rescheduling) of these Terms.

19. CYLINDRICAL PROJECTION. A typical Cylindrical Panorama (“Single Row Cylindrical Panorama”) consists of a group of photographs acquired along a single horizontal row. A Double Row Cylindrical Panorama consists of a group of photographs acquired along two horizontal rows. If applicable, Cylindrical Projection(s) are electronically delivered in JPEG (.JPG) file format, in accordance with, the terms of Paragraph 6 (Delivery and Turnaround) of these Terms. Cylindrical Projections do not include Retouching. Any editing, or Retouching requested by You will be billed at $150 per hour. You understand and agree that Cylindrical Projection acquisition tasks have a high degree of difficulty, and require specific weather and lighting conditions. Drone 55 is not responsible for unsafe flight conditions set forth in paragraph 4 (Safety Acknowledgement) of this Agreement, and reserves the right to keep the UA grounded or discontinue flight, if it is determined that flight conditions are unsafe, unacceptable, or prohibitive of Cylindrical Projection acquisition. Unacceptable flight conditions include but are not limited to; winds in excess of 3 mph, fog, clouds, ambient temperatures below 40-degrees Fahrenheit, ambient temperatures above 95-degrees Fahrenheit, lack of visibility, precipitation, or proximity of structures. Should Drone 55 deem flight conditions unacceptable, or if unsafe flight conditions set forth in paragraph 4 (Safety Acknowledgement) of this Agreement prevent Services within 48 hours of Appointment, or any time during Appointment, Appointment will be rescheduled to a later date and You will be responsible for any additional fees set forth in paragraph 7 (Cancellations and Rescheduling) of these Terms.

 

20. INTERACTIVE PANORAMA. If applicable, Interactive Panorama(s) are hosted on third party servers (“Servers”) and the hyperlink(s) are electronically delivered, in accordance with, the terms of Paragraph 6 (Delivery and Turnaround) of these Terms. Interactive Panorama(s) are hosted on Servers for a maximum of one year from date of delivery of hyperlink(s). After one year, Drone 55 will remove Interactive Panorama(s) without further notice, and hyperlink(s) will no longer be active. Additional hosting can be requested by You, and You will be charged a $100 upload fee, and $10 per month, for each Interactive Panorama. If applicable, for an additional fee, You can request Offline Interactive Panorama(s). If applicable, Offline Interactive Panorama(s) are electronically delivered in accordance with, the terms of Paragraph 6 (Delivery and Turnaround) of these Terms. Offline Interactive Panorama(s) are to be stored locally on Your computer, and are viewable on said computer. Drone 55 does not provide Interactive Panorama viewer software. Offline Interactive Panorama(s) do not require online hosting. After delivery of Interactive Panorama(s), any editing, or Retouching requested by You will be billed at $150 per hour. 

 

21. FLAT INTERACTIVE PANORAMA. If applicable, Flat Interactive Panorama(s) are hosted on Servers, and the hyperlink are electronically delivered, in accordance with, the terms of Paragraph 6 (Delivery and Turnaround) of these Terms. Any editing, or Retouching requested by You will be billed at $150 per hour. Flat Interactive Panorama(s) are hosted on Servers for a maximum of one year from date of delivery of hyperlink(s). After one year, Drone 55 will remove Flat Interactive Panorama(s) without further notice, and hyperlink(s) will no longer be active. Additional hosting can be requested by You, and You will be charged a $65 upload fee, and $10 per month, for each Flat Interactive Panorama. You can request Offline Flat Interactive Panorama(s), for an additional fee. If applicable, Offline Flat Interactive Panorama(s) are electronically delivered in accordance with the terms of Paragraph 6 (Delivery and Turnaround) of these Terms. Offline Flat Interactive Panorama(s) are to be stored locally on Your computer, and are viewable on said computer. Drone 55 does not provide Interactive Panorama viewer software. Offline Interactive Panorama(s) do not require online hosting.

 

22. GIGAPAN. A Gigapan is a custom service that is scheduled once a You has provided Drone 55 with detailed specifications such as Gigapan resolution, mural type and size, view angle/degree of swing (FOV), view height, and time of day. If applicable, Gigapan(s) are electronically delivered in accordance with, the terms of Paragraph 6 (Delivery and Turnaround) of these Terms. Gigapan(s) do not include Retouching. Any editing, or Retouching requested by You will be billed at $500 per hour. You understand and agree that Gigapan acquisition tasks have a high degree of difficulty, and require specific weather and lighting conditions. Drone 55 is not responsible for unsafe flight conditions set forth in paragraph 4 (Safety Acknowledgement) of these Terms, and reserves the right to keep the UA grounded or discontinue flight, if it is determined that flight conditions are unsafe, unacceptable, or prohibitive of Gigapan acquisition. Unacceptable flight conditions include, but are not limited to; winds in excess of 3 mph, fog, clouds, ambient temperatures below 40-degrees Fahrenheit, ambient temperatures above 95-degrees Fahrenheit, lack of visibility, precipitation, or proximity of structures. Should Drone 55 deem flight conditions unacceptable, or if unsafe flight conditions set forth in paragraph 4 (Safety Acknowledgement) of this Agreement prevent Services within 48 hours of Appointment, or any time during Appointment, Appointment will be rescheduled to a later date and You will be responsible for any additional fees set forth in paragraph 7 (Cancellations and Rescheduling) of these Terms.

 

23. TIER 2 PANORAMA. Tier 2 Panorama(s) are intended for internal analysis, renderings, design visualization, etc. Tier 2 Panorama(s) are not intended for marketing. Tier 2 Panorama(s) have very minimal post processing. Tier 2 Panorama(s) post processing includes UA removal, and basic Photograph Editing (less than 0.5 hours). Post processing does not include, but not limited to; sky replacement, or Retouching, including but not limited to stitch error Retouching. Stitch errors, parallax, ghosting, unleveled verticals, and other by-products of the photograph stitching process is to be expected. Tier 2 Panorama(s) do(es) not include Drafts. Tier 2 Panorama(s) are delivered in accordance with the terms of paragraph 6 (Delivery and Turnaround) of this Agreement, and the terms of the Scope of Work (Exhibit A).

 

24. TIER 3 PANORAMA. Tier 3 Panorama(s) are intended for marketing. Tier 3 Panorama(s) include(s) Photograph Editing, UA removal, photograph stitch error retouching, and parallax retouching. Tier 3 Equirectangular Projection(s) include(s) Photograph Editing, and sky replacement. Tier 3 Cylindrical Projection(s) do(es) not include sky replacement. Tier 3 Panorama(s) are delivered in accordance with the terms of paragraph 6 (Delivery and Turnaround) of this Agreement, and the terms of the Scope of Work (Exhibit A).

 

25. MAGIC HOUR / TWILIGHT. If applicable, Magic Hour AM Photograph/Visual Images will be taken at any point during Magic Hour AM and Drone 55 cannot guarantee all Photograph/Visual Images will have the same lighting. Magic Hour PM Photograph/Visual Images will be taken at any point during Magic Hour PM and Drone 55 cannot guarantee all Photograph/Visual Images will have the same lighting. Twilight AM Photograph/Visual Images will be taken at any point during Twilight AM and Drone 55 cannot guarantee all Photograph/Visual Images will have the same lighting. Twilight PM Photograph/Visual Images will be taken at any point during Twilight PM and Drone 55 cannot guarantee all Photograph/Visual Images will have the same lighting. You understand and agree that Magic Hour, and Twilight Photograph/Visual Image acquisition tasks have a high degree of difficulty, and require specific weather conditions. Drone 55 is not responsible for unsafe flight conditions set forth in paragraph 4 (Safety Acknowledgement) of these Terms, and reserves the right to keep the UA grounded or discontinue flight, if it is determined that flight conditions unsafe, unacceptable, or prohibitive of acquisition. Unacceptable flight conditions include but are not limited to; winds in excess of 3 mph, fog, clouds, ambient temperatures below 40-degrees Fahrenheit, ambient temperatures above 95-degrees Fahrenheit, lack of visibility, or precipitation. Should Drone 55 deem flight conditions unacceptable, or if unsafe flight conditions set forth in paragraph 4 (Safety Acknowledgement) of this Agreement prevent Services within 48 hours of Appointment, or any time during Appointment, Appointment will be rescheduled to a later date and You will be responsible for any additional fees set forth in paragraph 7 (Cancellations and Rescheduling) of these Terms.

 

26. EDITED VIDEOS. If applicable, any stylistic and specific video editing requests must be requested electronically via email prior to Services. Drone 55 reserves the right to refuse any requests. Video editing does not include Retouching. Retouching requests will be billed at $150 per hour. Edited video(s) are electronically delivered to You in 1080p MPEG-4 (.MP4) file format in accordance with, the terms of Paragraph 6 (Delivery and Turnaround) of these Terms. After delivery of First Delivered Video, You may request a single re-edit, hereby defined as a Minor Alteration, within 48 hours of receipt. If You do not request a Minor Alteration within time period set forth above, the First Delivered Video will be considered Final Delivered Video. After Final Delivered Video, additional edits will be billed at $150 per hour. RAW video will not be provided to You, unless included in the Services. Drone 55 shall include credit on the title cards of the video, including but not limited to, Drone 55 logo(s).

 

27. VIDEO MUSIC. If applicable, $15 royalty-free music is included with edited video. You will have the option of choosing a music genre, or a specific royalty-free song for $15 or less from www.Pond5.com, or www.audiojungle.net. You will be billed accordingly for any song over $15. Should You require specific licensing needs, prices may vary, and You will be billed accordingly. You can provide royalty free music if You provides proof of license. Video editing will not begin until music is specified by You. Drone 55 is not responsible for any First Delivered Video, and/or Final Delivered Video delays due to You not specifying music. Any music changes after editing has begun, or delivery of First Delivered Video, will constitute a Major Alteration, and You will be billed $65 per hour. If You waive the option to choose music, Drone 55 will choose music.

 

28. POSTING AND UPLOADING. If applicable, Drone 55 will post Final Delivered Video to www.Vimeo.com/Drone55 and www.drone55.com. The URL of the Final Delivered Video are electronically delivered to You. This URL can be freely used to create a link to/from Your own personal website and MLS. Drone 55 is not responsible for purchasing a personal domain or creating a personal website for You. Drone 55 is not responsible for posting Final Delivered Video or Final Edited Photograph(s) to MLS and other websites. Drone 55 reserves the right to remove videos at any time without further notice, and Drone 55 is not responsible for broken links resulting in removal of videos. 

 

29. PROPERTY INFORMATION. If applicable, all information including but not limited to, property address, listing agent information, logos, copy, and specific title card information, must be provided, and/or requested by You in advance of Services. Drone 55 reserves the right to refuse such requests. Drone 55 is not responsible for incorrect, or misspelled information provided by You, and/or any delays due to missing information.

 

30. VOICE OVER. If applicable, You will provide the Voice Over script (“VO Script”). If You waive the option of providing a VO Script, Drone 55 will write the VO Script, and submit to You for approval. Video editing will not begin until VO Script has been provided by You, or Drone 55 VO Script has been approved by You in writing. You also have the option of recording Your own Voice Over (“Your VO”), and Drone 55 will record Your VO audio track at the time of Services. You also has the option of providing a pre-recorded You VO audio track, which must be provided to Drone 55 at the time of Services. Video editing will not begin until Your VO audio track is recorded, or obtained. Drone 55 is not responsible for any First Delivered Video, or Final Delivered Video delays, due to Your VO, or VO Script approval delays. Any Voice Over changes after VO Script approval, video editing has begun, or delivery of First Delivered Video, will constitute a Major Alteration, and You will be billed accordingly.

 

31. INTERVIEW. If applicable,, Drone 55 will film Interview at time of Services.  Drone 55 will not provide wardrobe, wardrobe stylist, hair stylist, or makeup stylist. Drone 55 is not responsible for wardrobe, hair, or makeup.

 

32. DRAFT. If applicable, Drone 55 will deliver low resolution Drafts for Your approval. Your approval, in writing, and, Drone 55 acknowledgment of receiving Your approval, in writing, is required before Drone 55 resumes Scope of Work. If You do not approve a Draft within 10 business days of delivery, the Draft will be considered the final Deliverable. If You request that Drone 55 provide additional services, or requests a modification or change in the Scope of Work, You and Drone 55 will follow the procedure set forth in paragraph 8 (Change of Scope) of this Agreement.

 

33. TRADEMARKS AND RIGHTS. All trademarks, service marks and trade names of Drone 55 used are trademarks, or registered trademarks of Drone 55, Inc. All Photograph/Visual Images and Deliverables are considered the sole, and exclusive property of Drone 55. Drone 55 reserves all rights to the Photograph/Visual Images and Deliverables. Drone 55 grants to You a perpetual, worldwide, non-exclusive, non-sublicensable and non-transferable right, to use Deliverables, without transfer of ownership.

 

34. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Drone 55, its parent, subsidiary and affiliated companies, and the directors, officers, agents, representatives and employees of each of them, from and against any and all liabilities, claims, demands, actions, losses, damages and expenses, (including, without limitation, attorneys’ fees and costs) judgments, subrogation's or other damages, including, without limitation, for personal injury or property damage, in any way arising out of or resulting from any of the following: (1) the breach by You of any term, condition, representation or warranty under these Terms; or (2) a defect in or malfunction of the Equipment; or (3) the performance of any Services under these Terms; (4) the transport of the Equipment by You to and from any location, including, without limitation, any location designated by You; or (5) the negligence, willful misconduct or wrongful acts of You, Your employees, agents or contractors. Drone 55 makes no representations regarding the legality of the flight path chosen to complete the Services for You, or whether such flight path would constitute an invasion of privacy, or trespass as to any person or property. You agree to indemnify, defend and hold Drone 55 harmless against any civil or criminal complaints, claims, judgments or causes of action related to the flight path taken by any of the equipment used by Drone 55 to complete the Services for You. Indemnification is not a waiver of claims against the manufacturer of the equipment used by Drone 55 to complete the Services for You. The provisions of this Paragraph shall survive the termination of these Terms. Drone 55 agrees to notify You in writing of any claim or demand promptly upon learning of its existence, and upon Drone 55s written request, You shall assume the defense of the claim or demand.

 

35. WAIVER. The waiver of any breach of any provision of these Terms will not constitute a waiver of any subsequent breach of the same other provisions hereof.

 

36. SEVERABILITY. The invalidity or unenforceability of any particular word, sentence, paragraph, subparagraph, or provision of these Terms shall not affect the validity or enforceability of the other words, sentences, paragraphs, subparagraphs, or provisions of these Terms and these Terms shall be interpreted in all respects as if such invalid or unenforceable parts were omitted. 

 

37.  GOVERNING LAW AND JURISDICTION. These Terms and Your use of this Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Drone 55 Services) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Drone 55 Services) must be commenced within one (1) year after the claim or cause of action arises. Drone 55 failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. Drone 55 may assign its rights and duties under these Terms to any party at any time without notice to you. 

 

38. ACCURACY OF INFORMATION. Drone 55 attempts to ensure that all the information included on this Site is complete, accurate and current. Despite Drone 55 efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. Drone 55 makes no representation as to the completeness, accuracy or correctness of any information on this Site. For example, Services included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. In addition, Drone 55 may make changes to information regarding price and availability without notice. While it is Drone 55 practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute Drone 55 acceptance of an order or Drone 55 confirmation of an offer to sell a Service. Drone 55 reserves the right, without prior notice, to limit the order quantity on any Service and/or to refuse service to any customer. Drone 55 also may require verification of information prior to the acceptance of any order. 

 

39. PRIVACY. Drone 55 may store some information in Your user account, including Your phone number, order history, and email, shipping, and billing addresses. For Your security, Drone 55 does not store Your credit card numbers, expiration dates, or CVV codes. Drone 55 utilizes third parties for a variety of purposes, including identity verification, denied-party screening, and credit card handling, and share with them only the information required for them to properly execute these services. Drone 55 does not sell your information to any third party. 

 

40. RETURN POLICY. All sales of Services are final and non-refundable. Drone 55 does not offer returns, exchanges or refunds. All rescheduling of Services are pursuant to paragraph 7 (Cancellations and Rescheduling) of these Terms. Prices for Services offered on this Site may change at any time, and the Services do not provide price protection or refunds in the event of a price reduction or promotional offering. 

 

41. REVISIONS OF TERMS. These Terms may be revised at any time by updating this page. You should visit this page from time to time to review the current Terms. Certain provisions of these Terms of service may be superseded by legal notices or Terms located on particular pages of this site. 

 

42. TERMINATION. You or Drone 55 may suspend or terminate Your account or Your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through Your account prior to termination. Drone 55 reserves the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice. 

 

43. COPYRIGHT. The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Drone 55. The collective work includes works that are licensed to Drone 55. 

 

44. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Drone 55 or purchasing Drone 55 Services. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for Your own non-commercial use, or to place an order with Drone 55 or to purchase Drone 55 Services. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Drone 55. You further agree not to change or delete any proprietary notices from materials downloaded from the Site. 

 

45. TYPOGRAPHICAL ERRORS. In the event that a Drone 55 Service is mistakenly listed at an incorrect price, Drone 55 reserves the right to refuse or cancel any orders placed for Services listed at the incorrect price. Drone 55 reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card or Paypal account has been charged. If Your credit card or Paypal account has already been charged for the purchase and Your order is cancelled, Drone 55 shall issue a credit to Your credit card account or Paypal account in the amount of the incorrect price. 

 

46. PARTICIPATION DISCLAIMER. Drone 55 does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing You with the ability to view and distribute user-generated content on the Site, Drone 55 is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Drone 55 reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Drone 55 in its sole discretion.

 

47. USE OF SITE. Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Drone 55 or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization. 

 

48. THIRD-PARTY LINKS. In an attempt to provide increased value to the Sites visitors, Drone 55 may link to websites operated by third parties. However, even if the third party is affiliated with Drone 55, Drone 55 has no control over these linked websites, all of which have separate privacy and data collection practices, independent of Drone 55. These linked websites are only for Your convenience and therefore You access them at Your own risk. Nonetheless, Drone 55 seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for websites it links to as well (including if a specific link does not work). 

 

49. RETARGETING. As You browse this Site and other Drone 55 web properties, advertising cookies may be placed on Your computer so that Drone 55 can understand what you are interested in. Drone 55 display advertising partners then enable us to present You with retargeting advertising on other sites based on Your previous interaction with this Site. You can clear your browser cookies at anytime. 

 

50. ENITRE AGREEMENT. These Terms, along with the Location Release Waiver, Scope of Work, Privacy Policy and Return Policy, constitutes the final, complete, and exclusive understanding between the parties, and replaces and supersedes all previous oral or written agreements, understandings, or arrangements between the parties with respect to the subject matter of these Terms. These Terms may not be modified or amended except in a writing signed by an authorized officer of each party to these Terms.

 

51. MISCELLANEOUS PROVISIONS. 

 

51.1 Should any litigation, including arbitration proceedings, be commenced between the parties to these Terms, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to a reasonable sum as and for his or her attorney's fees in the litigation which shall be determined by the court in such litigation or in a separate action brought for that purpose. 

51.2 As used in these Terms, the masculine, feminine or neuter gender, and the singular or plural number, shall each be deemed to include the other whenever the context so indicates. Paragraph headings contained herein are for convenience only and shall not be considered for any purpose in construing these Terms.

51.3 These Terms shall inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns.

Drone 55 square logo - Aerial Cinematography, Aerial Photography, Aerial Data Acquisition
  • instagram_logo_2016
  • Facebook Black Square
  • Twitter Black Square
  • Vimeo Basic Black
  • LinkedIn Black Square

© 2013 Drone 55, Inc. All Rights Reserved.

Drone 55 and all related titles and logos are registered trademarks of Drone 55, Inc.