Last updated: October 25th, 2024
Thank you for your interest in SkyPixel.com (the “Site”) offered by DJI Service LLC (“DJI”). Please read the following terms and conditions carefully. By creating a DJI account and signing up to SkyPixel.com, or by checking the “By logging in SkyPixel.com, you agree to the Terms of Use and Privacy Policy” box and clicking “Login” on the “Login” window, or by using the Site or any of the products, software, data or services provided to you through the Site (together with the Site, the “Service”), you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions and the DJI Privacy Policy (available at https://www.skypixel.com/privacy ) (together, these “Terms”). If you are not eligible or do not agree to any of these Terms, you may not use the Service.
DJI provides flying and camera stabilization systems and related platforms and products, including commercial and recreational unmanned aerial vehicles (UAVs) for aerial photography and videography. You understand and agree that (i) our commercial and recreational UAVs and other hardware and physical products, and the firmware contained therein (collectively, “DJI Hardware”) and (ii) our software controlling the DJI Hardware (“DJI Software”) are not considered part of the Service. The terms and any warranties that apply to DJI Hardware and DJI Software are included with such DJI Hardware and DJI Software.
These Terms provide that all disputes between you and DJI will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 19 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with DJI.
You acknowledge and agree that, as provided in greater detail in these Terms:
1. SkyPixel Service Overview. You may use the Site to upload, share, and view photographs, videos and fly spots created by you. You may also use the Site to view photographs, videos and fly spots created and shared by other Site users.
2. Eligibility. You must be at least 18 years of age to use the Service, including the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with all applicable laws and regulations. If you are using the Service on behalf of an entity, organization, or company (“Organization”), you represent and warrant that you have the authority to bind that Organization to these Terms and you agree to be bound by these Terms on behalf of that Organization.
3. Accounts and Registration. To access certain features of the Service available through the Site, you must register for a DJI account. When you register for a DJI account, you will be required to provide us with some information about yourself, such as your email address or other contact information. You represent and warrant that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your DJI account and password, and you accept responsibility for all activities that occur under your DJI account.
4. User Content
4.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including creating and publishing User Content on the Service. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Service.
4.2 Limited License Grant to DJI.
a) By submitting, posting, or publishing User Content on or through the Service, you grant DJI a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable right and license to use, copy, host, store, transfer, display, publish, broadcast, transmit, perform, reproduce, modify, prepare derivative works from, distribute, or otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, in connection with the Service and DJI’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof). In addition, you waive any so-called "moral rights" in your User Content.
b) You agree that this license includes the right for DJI to provide, promote, and improve the Service and to make User Content submitted, posted, or published on or through the Service available to other companies, organizations or individuals who partner with DJI for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use. Such additional uses by DJI, or other companies, organizations or individuals who partner with DJI, may be made with no compensation paid to you with respect to such User Content that you submit, post, publish, or otherwise make available through the Services.
4.3 Limited License Grant to Other Users. By posting or sharing User Content with other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
4.4 Termination of License Grant. The above licenses granted by you in User Content you submit, post, or publish on or through the Service terminate within a commercially reasonable period of time after you remove or delete User Content from the Service. Notwithstanding the foregoing, the license will continue indefinitely for the following conditions: a. legal archival/preservation purposes, and b. when you delete or remove that User Content, DJI has fixed the content to marketing materials by printing and etc. Please note that removed User Content may be cached in search engine indices after removal and that DJI has no control over such caching.
4.5 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting or publishing User Content, you affirm, represent, and warrant that:
a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize DJI and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by DJI, the Service, and these Terms; and
b) your User Content, and the use of your User Content as contemplated by these Terms, does not and will not violate the User Content Policy.
4.6 User Content Disclaimer.
a. DJI is under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against DJI with respect to User Content. We expressly disclaim any and all liability in connection with User Content.
b. Fly Spots community is a place for users to share and find ideal locations for aerial photography. Caution: Fly Spots displayed on the map are neither designated nor recommended by DJI or its affiliates. Pilots must observe proper flight safety precautions during operation, and comply with all national, administrative, and air traffic control rules and regulations and regional GEO zone restrictions. DJI will not bear any responsibility for the failure of users to abide by the above requirements. For more information on flight safety, please visit https://www.dji.com/flysafe.
4.7. Digital Millennium Copyright Act
a) DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have a copyright-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Intellectual Property Department, DJI Service LLC |
DMCA Notice |
17301 Edwards Road, Cerritos, CA 90703 |
Email: dept-ip@dji.com |
PLEASE NOTE THAT UNDER UNITED STATES FEDERAL 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 ATTORNEYS’ FEES.
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please note that this procedure is exclusively for notifying DJI and its affiliates that your copyrighted material has been infringed and does not constitute legal advice.
a) Repeat Infringers. DJI will promptly terminate without notice the accounts of users that are determined by DJI to be “Repeat Infringers.” A Repeat Infringer is a user who has been repeatedly notified of infringing activity or has had User Content repeatedly removed from the Service.
b) Counter-Notice. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Content, you may send a counter-notice to the Designated Agent with the following information:
a. Your physical or electronic signature;
b. Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
c. A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
d. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, DJI may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Content provider or user, the removed or access-disabled User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DJI’s sole discretion.
5. Using the Site and Service
5.1 Your Obligations. By using the Site, and by entering into these Terms, you represent and warrant that your use of the Site and your involvement of events or activities incidental to your use of the Site comply and will comply with all applicable laws, statutes, and regulations, and that you will not use the Site except as expressly permitted under these Terms.
6 Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
6.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;
6.2 conduct activities that may be harmful to others or that could damage DJI‘s reputation;
6.3 violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party’s right to privacy;
6.4 interfere with security-related features of the Service, including disabling or circumventing features that prevent or limit use or copying of any content;
6.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any such network, equipment, or server;
6.6 perform any fraudulent activity in connection with your obtaining or using the Services, including impersonating any person or entity, claiming a false affiliation, accessing any other DJI account without permission, or falsifying your age or date of birth;
6.7 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 11) or any right or ability to view, access, or use any Materials;
6.8 bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine User Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage;
6.9 use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the Service or to extract data;
6.10 use, display, mirror, frame or utilize framing techniques to enclose the Service or User Content, or any portion thereof, unless and solely to the extent DJI makes available the means for embedding any part of the Service or the User Content;
6.11 access, tamper with, or use non-public areas of the Service, DJI’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of DJI’s providers;
6.12 use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;
6.13 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 11) or any right or ability to view, access, or use any Material; or
6.14 attempt to do any of the acts described in this Section 6, or assist or permit any person in engaging in any of the acts described in this Section 6.
7. Termination of Use; Discontinuation and Modification of the Service. If you violate any provision of these Terms, your permission from us to use the Service, including the Site, will terminate automatically. In addition, DJI may in its sole discretion terminate your DJI account or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Service or features of the Service at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Service, you will not have access to any data or content recorded using the Service or otherwise contained in the Service, and we will have no responsibility to provide you access to such data or content. You may terminate your DJI account at any time by contacting customer service via http://www.dji.com/feedbackor at support@dji.com..
8. Links to Other Websites. 1. The Service may contain links to independent third-party websites (“Linked Sites”). Linked Sites are not under DJI’s control, and DJI is not responsible for and does not endorse the content of the Linked Sites.
9. Privacy Policy; Additional Terms
9.1 Privacy Policy. Please read the DJI Privacy Policy at https://www.skypixel.com/privacy 1.1 carefully for information relating to our collection, use, storage and disclosure of your personal information. The DJI Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
9.2 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service (the “Additional Terms”), such as User Content Policy (available at https://www.skypixel.com/guidelines), or rules that applicable to a particular feature or content on the Service, subject to Section 10 below. All Additional Terms are incorporated by this reference into and made a part of these Terms.
10. Modification of these Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modified Terms of Use are effective upon its publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing using the Service, you agree to be bound by the updated, amended, or modified Terms. If you do not agree to be bound by the modified Terms, you must immediately cease your use of the Service. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
11. Ownership; Proprietary Rights. The Service is owned and operated by DJI. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials1. ”) provided by DJI are protected by intellectual property and other laws. All Materials contained in the Service are the property of DJI or our third-party licensors. Except as expressly authorized by DJI, you may not make use of the Materials. DJI reserves all rights to the Materials not granted expressly in these Terms.
12. Feedback; Beta Versions.
12.1 Feedback. If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Service (“Feedback”), then you hereby grant DJI an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.
12.2 Beta or Trial Versions. DJI may offer “beta” versions or features of the Service (each, a “Beta Service”). DJI will determine, at its sole discretion, the availability, duration (the “Trial Period”), features, and components of each Beta Service. ANY BETA SERVICE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES. Notwithstanding anything to the contrary in these Terms, in no event will DJI be liable to you or any third party for any damages or liability related to, arising out of, or caused by any Beta Service and/or any modification, suspension, or termination thereof. If DJI permits you to use a Beta Service, you agree to provide DJI Feedback and respond to DJI’s questions or other inquiries regarding your use of the Beta Service, if requested and as applicable. DJI at its sole discretion shall determine whether or not to continue to offer any Beta Service, and may cease offering any Beta Service at any time. Upon completion of a Trial Period, you may lose access to the applicable Beta Service, unless or until the features of the Beta Service are incorporated into the Service. Any production candidate or non-production version of the Service will be considered a Beta Service. Except as expressly provided in this Section 12, these Terms govern your use of the Beta Service as part of the Service.
13. Indemnity. You are responsible for your use of the Service. You will defend and indemnify DJI and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “DJI Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
14. Disclaimers; No Warranties.
THE SERVICE AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DJI ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS, AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE DJI ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS, OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS, OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE DJI ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR DJI HARDWARE USED IN CONNECTION WITH THE SERVICE) OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
15. Limitation of Liability
IN NO EVENT WILL THE DJI ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS, OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DJI ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 19.4(iii), THE AGGREGATE LIABILITY OF THE DJI ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
16. Third Party Disputes. DJI IS NOT AFFILIATED WITH ANY SERVICE PROVIDER OR ADVERTISER, AND ANY DISPUTE YOU HAVE WITH ANY SERVICE PROVIDER, ADVERTISER, OR OTHER THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER USER OF THE SITE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE DJI (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
17. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and DJI agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for the purpose of litigating any dispute. We make no representation that the Service or any Materials included in the Service are appropriate or available for use in your location.
18. General. You agree that the Service shall be deemed a passive website that does not give rise to personal jurisdiction over DJI, either specific or general, in jurisdictions other than California. These Terms and any other agreements expressly incorporated by reference into these Terms are the entire and exclusive understanding and agreement between you and DJI regarding your use of the Service. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 1 and 4 through 21, along with the Privacy Policy and any other accompanying agreements, will survive.
19. Dispute Resolution and Arbitration
19.1 Generally. In the interest of resolving disputes between you and DJI in the most expedient and cost effective manner, you and DJI agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND DJI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
19.2 Exceptions. Despite the provisions of Section 19.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file a suit in a court of law to address an intellectual property infringement claim.
19.3 Arbitrator. Any arbitration between you and DJI will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting DJI.
19.4 Notice; Process A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). DJI’s address for Notice is: 17301 Edwards Road, Cerritos, CA 90703. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or DJI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or DJI must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, DJI will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by DJI in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
19.5 Fees. If you commence arbitration in accordance with these Terms, DJI will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse DJI for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
19.6 No Class Actions. YOU AND DJI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DJI agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
19.7 Modifications of This Arbitration Provision. If DJI makes any future change to this arbitration provision, other than a change to DJI's address for Notice, you may reject the change by sending us written notice within 30 days of the change to DJI’s address for Notice, in which case your account with DJI will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
19.8 Enforceability. If Section 19.6 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 (other than, in the latter case, Section 19.6) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.
20. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
21. Contact Information. The Service is offered by DJI Service LLC, located at 17301 Edwards Road, Cerritos, CA 90703. You may contact us by sending correspondence to that address or emailing us via http://www.dji.com/feedback or at support@dji.com.