Terms

TERMS OF USE

Last updated: March 24th, 2017

Introduction. Zero Zero (Zero Zero refers to Zero Zero companies and associated operating units relating to some services. “Zero Zero” or, as the context permits, “us” or “we”) offers a line of unmanned aerial vehicles with advanced photography and video capabilities (“UAVs” or “drones”) to individual consumers over 14 years old, businesses and other institutional customers. By using Zero Zero’s website (“this website”), and/or the Hover Camera mobile application for controlling a Hover Camera product (the “App”), or by visiting and using any of the pages or postings on social media sites where Zero Zero posts content and comments (including, for example, Facebook, Twitter, Instagram, Sina Weibo, “Social Media” and, together with this website and the App, the “Sites”), you are agreeing to be bound by these Terms of Use as they may be amended or revised from time to time. Through accessing the Sites visitors will be able to follow the latest developments in the Hover Camera line of products and access such information as we may post on the Sites concerning the industry, generally. For a complete list of, and links to, the Social Media sites on which we currently maintain pages, accounts or post content, please see Section 8 below.

Not all of the Hover Camera products described or reviewed on this website (the “Products”) are currently available or currently available in all markets. If you are accessing this website from a country other than China or the United States, or seeking to purchase a Hover Camera Product for delivery to you (or to someone else) in a country other than China or the United States, please note that our Products may not be available for purchase by or delivery to you at this time. If they are available for delivery to such other country, you will be responsible for clearing the Product through customs and paying the customs duties or import taxes. Please see Section 7(b) below for further details.

For purchasers of Products, a copy of the current Limited Warranty and Refund and Exchange Policy covering such products is available here:

www.gethover.com/support/warranty

Set forth in these Terms of Use is a more detailed description of what we do, our obligations and the limitations on our obligations, and your rights and obligations if you choose to access the Sites or seek to use the features offered on or by the Sites.

1. Your Acceptance of these Terms and Conditions; Registration to Obtain Newsletter and Access Features. You may access the Sites, and any other means through which we may provide any of the services described in these Terms of Use, including our newsletter (the “Features”), only if, and only for so long as, you agree to be bound by these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY, AND MAKE CERTAIN THAT YOU UNDERSTAND THEM, BEFORE FURTHER ACCESSING THIS WEBSITE, THE APP OR OUR SOCIAL MEDIA PAGES, REGISTERING WITH ZERO ZERO, OR MAKING USE OF ANY OF THE FEATURES.

If you do not agree to these Terms of Use, you may not continue to access the Sites or use or seek to use the Features. If you access, browse or make use of the Sites, that will constitute and evidence your agreement to be legally bound by these Terms of Use.

Zero Zero produces and offers to those who register for it a monthly newsletter that brings together articles, photos and videos, commentary and external links that we think will be of interest to the drone enthusiast community. To use any Features that we make available, including our newsletter, you will first need to sign up as more fully described in Section 3 below. Anyone who, or any entity which, signs up for our newsletter is referred to as a “Registrant.”

All of the information provided to us by Registrants will be held and used by us in accordance with these Terms of Use and the terms of the Zero Zero Privacy Policy, accessible here:

http://www.gethover.com/privacy

If, at any time, you are no longer willing to continue to be bound by these Terms of Use (including as subsequently modified) or Zero Zero’s Privacy Policy, these Terms of Use (and the Privacy Policy) nevertheless will continue to govern your access of the Sites or your use of any of the Features up until that time. Once you are no longer willing to be bound by these Terms of Use and/or our Privacy Policy you should notify us in writing and request that we terminate your registration with us. Please note that under those circumstances, even if you or we fail to terminate your registration at that time, you may no longer use the Features or otherwise access the Sites or any other means through which we may be offering or providing the Features, whether now in existence or developed after the date hereof. Nevertheless, if you continue accessing the Sites or making use of any of the Features even after you have notified us that you are no longer willing to be bound by these Terms of Use, any such use by you will continue to be governed by these Terms of Use and our Privacy Policy, each as then in effect.

2. Updates and Modifications. Zero Zero expressly reserves the right, at any time and from time to time, to modify, revise, eliminate, replace and/or supplement these Terms of Use, or portions thereof, for any reason in our discretion or as may be required by applicable law. Once so changed, these Terms of Use as revised will then apply to all further interactions between you and Zero Zero, your access to or use of any of the Sites, your use of the Features, etc. We will provide notice of any such changes by posting them separately, or by posting an updated version of these Terms of Use on this website and/or on our Social Media pages, with an updated date indicating the latest revision of these Terms of Use on the top page for these Terms of Use. Each time that we make such revisions, your continued use of the Sites or the Features thereafter will constitute your express acknowledgment of and your consent to continue to be bound by these Terms of Use as changed or updated.

You should review these Terms of Use from time to time to ensure that you are familiar with the most current version as you use the Sites and/or any of the Features that we offer now or in the future.

3. Registration. In order to receive your copy of the Zero Zero newsletter, we ask that you complete registration here:

www.gethover.com/account/sign-in-up

or by clicking on the “Account-Sign In” link on this website.

Registrants will need to choose and provide us with a unique user name and suitable password meeting our security requirements. By establishing a registration with us, you agree that we will be entitled to monitor your password and, at our discretion, require you to change it. If you use a password that Zero Zero Robotics considers insecure, we may require you to change your password and, if you fail or refuse to do so, to terminate your Zero Zero registration. Once we offer a platform on the Sites for posting any Content, as defined in Section 6 below, you will need to have established a Zero Zero Robotics registration with us in order to post Content.

You must be fourteen(14) years of age or older in order to register with Zero Zero (unless, in the Country, State, Province, Prefecture or Territory in which you reside, the age of majority is other than fourteen (14), in which case you must be at least the applicable age of majority). To establish your Zero Zero registration, you will be required to provide us with certain information including your actual legal name, current residence or business address, your cell phone number and such other information as we may request, including your current level of experience with and interest in drones. You also will be required to update your registration in the event that any of the information that you submitted changes. Using your registration for the purpose of accessing Features or certain other functionalities of the Sites may require that you log in to the Sites using your pre-selected user name and password. You are required to secure and control access to your user name and password and you alone are responsible for any theft, misappropriation or misuse of your log-in information used to access your registration and through your registration to access the Sites or the Features. Whether or not a violation of these Terms of Use is committed by you or by someone else who accessed the Sites or Features by using your registration, your registration may be terminated and you will be responsible for any other claims or damages occasioned by such actions, even if you were not the person directly responsible.

4. Use of the Sites; Receipt of the Newsletter; Interruptions. Subject to these Terms of Use, Zero Zero grants to those persons who and entities which establish and maintain a registration with Zero Zero a limited, nonexclusive, nontransferable, non-sublicensable, terminable license to use the Sites, any of the Features and the information provided in our newsletters for their own purposes and not for the purpose of competing with Zero Zero, for anticompetitive purposes, or for any other purpose or activity that violates applicable law (including copyright law) or these Terms of Use. Without limiting such prohibitions, Registrants may not use the Sites to advertise any other products or services, or to disseminate any religious, political or other communications espousing or promoting a social agenda. Any rights not granted to Registrants by these Terms of Use are expressly reserved by Zero Zero.

Unless you have expressly opted out of SMS communications (simple text messages to your cell phone) in connection with your registration, we may contact you via such text messaging in connection with your Zero Zero registration or to alert you to certain promotions or other information that we deem relevant. If you, as a Registrant, do not want to be contacted by text message, you may opt out of such communications by contacting Zero Zero at support@gethover.com. Please note that opting out of text messages may affect your ability to fully use and enjoy the Sites and Features in the manner intended.

If we suspect or determine that you are using or have made one or more attempts to use any of the Sites in violation of these Terms of Use (as the same may be modified from time to time), we may immediately and without prior notice to you suspend or terminate your Zero Zero registration. Under such circumstances, we also may seek to obtain against you equitable relief, such as an injunction to prevent threatened or actual violations, as well as monetary damages to compensate Zero Zero for any direct or indirect damages that your actions may have caused. In the event that we prevail in any such action against a Registrant, the Registrant also shall be responsible for reimbursing Zero Zero for its reasonable legal fees and related costs incurred in securing such judicial relief, to the extent permitted by applicable law.

In our sole discretion, we may elect to modify, alter, suspend or discontinue offering the newsletter, any of the other Features or providing the Sites (and we may terminate posting to any of the Social Media), in whole or in part, at any time and with or without prior notice. In the event that we make any such modifications, or suspend or discontinue this website, the App, any Social Media pages and/or the availability of any other Features, including the newsletter, you acknowledge and agree that Zero Zero shall not be liable to you, any other Registrant or to any third party on account thereof.

At any time and for any reason or for no reason, we may close your Zero Zero registration and terminate your access to the Sites. If your registration is terminated, whether by you or by us, you will no longer be permitted to use the Sites, but certain provisions of these Terms of Use including, but not limited to, our right to continue using any Content (as defined in Section 6 below) that you may have submitted to or posted on the Sites, the disclaimers (Section 9) and limitations of liability and indemnification (Section 10), will nevertheless continue in full force and effect.

Solely for your convenience, the Sites may include links to other websites or webpages on the Internet that are owned or operated by third parties. If you choose to visit any such third-party sites, you should carefully review and make certain that you agree to the terms of use or rules of such site(s), including those governing their privacy policies, before accessing or using them or availing yourself of any information or services that may be offered on or by them. Zero Zero makes no representations or warranties about the content, usefulness, accuracy or reliability of any content or services offered by or through any such third party sites, nor about how they collect, protect and use information from visitors, and Zero Zero will not responsible for the availability of, the material created or published by, or any other aspect of your experience with any such third party sites. If you elect to access or use any of such third party sites, you do so at your own risk. Any link on the Sites to a non-Zero Zero site or to a third party’s page is offered merely as a convenience to you, and does not imply that Zero Zero endorses the site or the products or services offered, described or referenced in such third party sites, nor any opinions or recommendations made on such sites.

Because the availability of the Sites, and thus our ability to offer and provide the Features and deliver the newsletter on a regular basis, is entirely dependent upon the continuing and uninterrupted availability of the Internet, certain network services and telecommunications, all of which are outside the control of Zero Zero, from time to time there could be interruptions or delays in your ability to access the Sites and/or the Features, or receive the newsletter. We will not be responsible for any such interruptions, delays or failures for those reasons or for any other reasons, whether similar or dissimilar, outside of our control.

5. Prohibited Conduct. All users of the Sites, whether or not they have established a registration with us, are prohibited from using or attempting to use the Sites or the Features:

(a) in violation of these Terms of Use as the same may be amended from time to time, or the rules established by the Social Media sites on which we maintain pages or post content;

(b) in violation of any applicable law, whether now in effect or first coming into effect at a later date;

(c) in any manner that infringes or violates the rights of Zero Zero or any third party, including the intellectual property rights of Zero Zero or any third party;

(d) in a manner that attempts to hide or otherwise conceal the user’s identity or location by entering fictitious or misleading information including, but not limited to, a name, email address and physical address, or attempting to conceal a user’s location or identity by utilizing a program or service to obtain an inaccurate or fraudulent IP address or by using multiple IP addresses or email addresses to access and use the Sites and Features;

(e) for copying all or any portion of the Sites, the newsletter or duplicating the Features, whether or not for the purpose of harming, or competing or assisting others to compete with, Zero Zero;

(f) for distributing or sending any advertising;

(g) for disseminating any material including, without limitation, any material of a religious, social or political nature, or for the distribution of any electronic “spam;”

(h) for targeting the Sites (or using the Sites to target the websites of others) for any dedicated denial of services (DDS) attacks or for distributing electronic “spam” or junk mail, or to introduce any virus, malware, worms, Trojan horses, spiders or other software or programming algorithm that is designed or intended to have the effect of compromising or interfering with the Sites or specific features of the Sites, their intended operations or any aspect of their security or authentication features, or to introduce any corrupted file, script or command into the Sites for the purpose of data mining any portion of the Features or accessing the registration details of others, or to employ any tools designed to compromise the Sites’ security (such as password guessing programs, cracking tools or network probing tools);

(i) in an attempt to interrupt or interfere with the ordinary operation of the Sites or the provision of the Features, whether or not through the means described in Section 5(h) above, and whether or not for commercial advantage;

(j) to contact anyone else through the Sites except, when available, for posting comments constituting Content in accordance with Section 6 below;

(k) in the case of customers or users, or competitors of Zero Zero, to submit reviews of Products in bad faith for the purpose or with the effect of distorting the ratings or negating legitimate reviews of such Products;

(l) in the case of manufacturers, to submit, cause others to submit or solicit others to submit false or inflated reviews of any Products, or to submit, cause others to submit or solicit others to submit false or unduly negative reviews of any competitor for the purpose or with the effect of gaining a competitive advantage;

(m) in an attempt to access, modify or retrieve data from any portion of the Sites that are not made generally available to visitors to the Sites or to Registrants (so-called “backend” or “server side”), for any purpose whatsoever including, without limitation, for the purpose of accessing the registration Information of any other Registrants;

(n) to reverse engineer or disassemble the Features or any other functionalities of the Sites, whether or not for the purpose of gaining a commercial advantage; or

(o) for users of the App, in violation of the terms of use applicable to use of the App in connection with the Products.

6. Content submitted by Registrants, Customers and Manufacturers. Zero Zero intends to make available a platform on or through the Sites by which Registrants will be able to post “Content” as part of the ongoing discussions among members of the drone enthusiast community. For purposes of these Terms of Use, any statement, review, opinion, rating, question, answer, explanation, or comment, and/or any photographic or other evidence of or about any Products, these Sites or the Features offered is referred to as “Content.” Zero Zero will be encouraging Registrants who purchase and use Products to share their experience with such Products by posting relevant Content that complies with these Terms of Use. Only Registrants will be permitted to post Content and you will need to be logged in under your Zero Zero registration in order to submit any Content. The following terms and conditions govern what constitutes permitted Content and our rights to use, not to use, to edit, modify or take down any such Content submitted by Registrants.

(a) All Content including, without limitation, all opinions about and ratings of Products and Features submitted by Registrants must be truthful, accurate in any details provided, and offered in good faith. Registrants may not submit intentionally false, vindictive, retaliatory, inaccurate or overstated ratings or opinions, whether positive or negative, for the purpose or likely result of misleading others as to the merits or risks of purchasing or using a particular Product or Feature. Similarly, manufacturers and their owners and employees, and family members and friends of a manufacturer’s owners and employees, may not submit or cause to be submitted false, inaccurate or overstated positive statements designed to bolster a Product’s rating or reputation, nor submit false, inaccurate or overstated negative statements to detract from a competitor’s standing (whether or not the competitor is Zero Zero).

(b) If, when we accept Content for posting, you submit any Content to Zero Zero, by so doing you will be making certain important representations to Zero Zero, to all other Registrants, and to each other visitor to the Sites who might view such Content, and be agreeing that:

(i) you are the owner, author or creator of the Content submitted and that you have the full, unlimited and unrestricted right, without first obtaining the consent, authorization or license of any other person or third party, to submit such Content to Zero Zero for posting on the Sites, and to allow Zero Zero to freely use or exploit such Content, in the form submitted or as modified or edited by Zero Zero, and to display or publish such Content in any form, format or medium, whether now in existence or created at a later date, as provided in theseTerms of Use, even after your registration with Zero Zero is terminated by you or by us, and even if you cease to agree to be bound by these Terms of Use;

(ii) you indemnify and agree to hold Zero Zero harmless if any third party takes action against us in relation to all or any portion of the Content that you submit including, without limitation, any claims that are asserted against Zero Zero in the nature of infringement or misappropriation of copyright or other intellectual property based upon the Content that you submit;

(iii) if posted by a customer or consumer, the information contained in such Content is your honest statement or opinion, accurate in any details provided, reasonably complete and offered in good faith as an assessment of the merits or failings of the Product(s) or Feature(s) reviewed;

(iv) if posted by or on behalf of a manufacturer, directly or indirectly, including any Content posted in response to any submission of Content by a customer or consumer, the reply is your honest statement or opinion, accurate in any details provided, reasonably complete and offered in good faith including, without limitation, with respect to any timeline, photographic or other evidence furnished in response to the customer’s or consumer’s Content;

(v) if posted by a customer or consumer, you have fully disclosed whether you have any current, former or pending relationship with the manufacturer whose Product is being reviewed, whether through family, work, friendship or other association that someone reading your Content would want to know in order to assess the value and independence of any opinion stated;

(vi) you will not post or submit any Content that contains any material, statement or image that infringes the copyright, other intellectual property or proprietary rights or any other rights (such as rights to privacy or rights of publicity) of any third party, or that contains statements or images that are obscene, defamatory, libelous, pornographic or otherwise sexually explicit; that violate any applicable law; that causes or is intended to cause emotional or physical harm to, or harass, abuse, stalk, threaten or otherwise infringe the rights of, any other person, or that Zero Zero, in its discretion, deems inappropriate, offensive, objectionable or unrelated to the narrow purpose of describing, reviewing or defending any Products or Features;

(vii) you will not submit any Content that appeals for donations or funds or that directs others to other websites or organizations for such purpose;

(viii) you will not submit any Content that includes any hyperlink for any purpose, and will not submit any photo, file or other link as part of your Content which, if clicked, would introduce any virus, malware or other code designed to alter or having the effect of compromising the operation or security of any computer or device on which the Content is being accessed or viewed;

(ix) if posted by a customer or consumer, that you have not received any compensation or other thing of value including, for example, any discount on the cost of Products or related services from a manufacturer or someone acting on behalf of a manufacturer, or the withdrawal of any claim or lawsuit against you in order to induce you to submit Content that would otherwise have been unfavorable or less favorable to the manufacturer or the Product reviewed;

(x) if posted by a customer or consumer, you will not comment upon the Content posted by any other customer or consumer (even with respect to the same Product), whether in support of or to rebut such other customer’s or consumer’s Content;

(xi) upon posting or submission of any Content to Zero Zero, you grant to Zero Zero and, if applicable, to any of its successors or assigns, including sublicensees, a worldwide, irrevocable, perpetual, royalty-free, transferable and sublicensable license to use all or any portion of your Content and to modify such Content, whether for size, formatting, spelling, grammar or other editorial purposes (including the deletion of extraneous statements), so long as in so doing we do not alter the fundamental nature or intended message of your Content;

(xii) under no circumstances shall your submission of any Content require Zero Zero to return to you or post, display or maintain posted or displayed all or any portion of any such Content, which Zero Zero, in its sole discretion, may choose to display in its entirety, display in part, edit and display in whole or in part, or not to display at all;

(xiii) if your Content is displayed in any manner, Zero Zero shall have the right at any time to take it down at any time, or to repost it at any time;

(xiv) Zero Zero will not post any Content or will take down any posted Content if such Content is found or deemed to be patently false or otherwise in violation of these Terms of Use; and

(xv) Zero Zero will have the right to post or display your user name, actual name and address if and to the extent provided in any submitted Content.

(c) You acknowledge and agree that once the Site permits posting of Content by Registrants, Zero Zero is not and will not become responsible in any manner or to any extent for any Content posted by Registrants, nor is Zero Zero responsible for investigating, corroborating or determining or confirming the legitimacy or the accuracy of any statements, opinions, ratings or photographic or other evidence submitted as, or as part of, any submitted Content. You are strongly encouraged to conduct your own due diligence before purchasing any product (including any Hover Camera Product), or refraining from purchasing any product, on the basis of any Content posted by others on the Sites. You should not rely solely or even principally upon Content posted by others on our Sites, insofar as the authenticity or accuracy of such Content will not have been independently established or verified. If you choose to rely upon Content posted by other Registrants, in whole or in part, in selecting and purchasing any Product or other product, you do so at your own risk, and Zero Zero disclaims all and any liability in connection therewith, as more fully described in Section 9 of these Terms of Use entitled “Disclaimers,” but subject to the terms of the manufacturer’s own statements or claims and the terms of any applicable warranty offered by such manufacturer including, if applicable, the Limited Warranty that we offer to the original owner of a Hover Camera Product. A copy of our Limited Warranty can be found here:

www.gethover.com/support/warranty

(d) From time to time Zero Zero may make, revise and post on this website further rules pertaining to submitted Content (both before and after such Feature becomes available) which, once posted, will modify these Terms of Use and be binding thereafter upon anyone accessing or using the Sites including, without limitation, all Registrants.

7. Regulations Governing Drone Use; Compliance with Applicable Law; Availability; Customs Duties, etc..

(a) As most drone users and enthusiasts know well, many countries and, in many instances, more localized governments, such as U.S. States and cities, have adopted, are adopting or are in the process of updating, revising or supplementing their laws and regulations governing drone use and drone users. Such laws and regulations typically govern who and under what circumstances UAVs may be piloted, and often require registration of drones and/or licensing of operators. Many distinguish between recreational and commercial use of UAVs. Some divide UAVs into classes by weight. Some regulations are directed, due to privacy concerns, to the use of drones that are capable of capturing still and/or video photography or live streaming, such as Hover Camera Products, but may also dictate the altitudes at which drones may or must be operated and whether the operator must keep the drone within his or her line of sight at all times while in operation. Many establish excluded zones or types of facilities in, over or near which drones may not be operated, such as within a certain proximity to any airports or near utilities and power transmission lines. Please note that it is solely the responsibility of the customer and user of any Product to ensure that he or she complies with all applicable laws and regulations governing the ownership, use and operation of any Product purchased from Zero Zero or its affiliates or otherwise as the result of or based upon information accessed on the Sites. Under no circumstances is anything contained on the Sites intended to constitute legal advice concerning drone or user registration, lawful drone operation, or otherwise. By using or accessing the Sites in connection with the consideration of any Products and, with respect to any use of the App to control or interact with any Product, website visitors and Registrants are acknowledging and agreeing that it is their responsibility to determine, and to act at all times in accordance with, all applicable laws and regulations governing their purchase, ownership and use of any Products including, if applicable, their use outside of the jurisdiction from which the purchase of such Product is made.

(b) As noted above, it is the responsibility of the owner or operator of any of our Products to comply with applicable law where they own, transport and use a drone. Zero Zero, for its part, strives to comply with applicable laws and regulations of each country to which we may ship our Products in fulfilling customer orders. But it is important to note that if you are ordering any of our Products from a country other than China or the United States, the following will apply: (i) please check this website or contact us to find current information on the countries to which we are able to ship our Products; (ii) the customer alone, and not Zero Zero or any of our affiliates, is responsible for all aspects of customs clearance and the payment of any customs duties, import taxes, fees or imposts and any related expenses charged, imposed or collected by your country’s authorities (or any subdivision thereof) in connection with your purchase, importation and customs clearance of a Hover Camera Product; and (iii) Zero Zero is not able to advise customers as to the costs, fees, duties or taxes that will or may be imposed upon the importation and clearance through your country’s customs authorities of a Hover Camera Product. Accordingly, before placing any order for a Hover Camera Product from a country other than China or the United States, you will need to determine whether Zero Zero is currently shipping Products to your country and the likely costs that you may incur in connection with importing and clearing the Hover Camera Product through customs, which charges are not under the control or for the benefit of Zero Zero. In addition, you will need to determine what procedures may be required (which may include certain forms of identification) in order to clear a Product through customs. Finally, you may want to inquire as to the length of time typically required to complete applicable customs procedures for a product such as a drone.

(c) In the event that you place an order for a Product for delivery to a country other than China or the United States, and we ship the Product as directed, but you or your designated recipient later declines to accept delivery because of the costs associated with importing and clearing the Product through customs in such country, you will remain responsible for all costs incurred by Zero Zero in sending the Product to you and for the costs incurred in retrieving such Product from the customs authorities when the Product is not claimed and cleared. Such costs will be deducted from any refund issued for the return or retrieval of the Product (in the original unopened box and in good working order).

8. Social Media Accounts. Zero Zero maintains accounts or pages, or posts to, the Social Media identified below. From time to time, in our sole discretion, we may add new Social Media accounts and/or cease posting to, or maintaining pages with, any of the Social Media listed. Zero Zero shall not have any liability for the cessation or termination of any of our Social Media accounts. As recommended by Section 2 of these Terms of Use, we encourage you to check back from time to time to ensure that you have the most up-to-date Terms of Use which will provide the then-current list of and links to our Social Media activities.

a. Twitter http://www.twitter.com/HoverCamera

b. Facebook http://www.facebook.com/HoverCamera

c. Instagram http://www.instagram.com/HoverCameraOfficial

d. YouTube https://www.youtube.com/channel/UCTI5ocI4lccwFtX7PbGTv3w

e. LinkedIn https://www.linkedin.com/company/hover-camera

f. Medium http://www.medium.com/@HoverCamera

g. WeChat HoverCamera

h. Sina Weibo http://weibo.com/hovercamera

i. Youku http://i.youku.com/hovercamera

j. Tencent Video http://v.qq.com/vplus/e12ad98f4115edfcabe3c6c6aff3832c

9. Disclaimers.

THE SITES AND ANY FEATURES, INCLUDING THE NEWSLETTER, ARE PROVIDED FOR THE USE OF REGISTRANTS, AND THE SITES ALLOW FOR LIMITED USE BY OTHERS, IN BOTH CASES SOLELY ON AN “AS-IS” AND “WHEN AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ZERO ZERO HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED INCUDING, WITHOUT LIMITATION, WARANTIES OF TITLE AND NON-INFRINGEMENT. SUCH DISCLAIMERS ALSO INCLUDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. EXCEPT FOR PRODUCTS MANUFACTURED BY ZERO ZERO, WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY OR COMPLETENESS OF ANY MANUFACTURER’S INFORMATION PROVIDED IN CONNECTION WITH THE SALE OF A PRODUCT AND ANYONE WHO PURCHASES A PRODUCT FROM A DIFFERENT MANUFACTURER AS A RESULT OF OR AFTER HAVING VIEWED ANY INFORMATION MADE AVAILABLE ON OR THROUGH THE SITES WILL LOOK SOLELY TO THAT MANUFACTURER IN CONNECTION WITH ANY CLAIMS RELATED TO OR ARISING OUT OF SUCH PRODUCT.

UNDER NO CIRCUMSTANCES WILL ZERO ZERO BE LIABLE OR RESPONSIBLE FOR THE CRIMINAL, TORTIOUS OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND THE FEATURES. IN NO EVENT WILL ZERO ZEROOR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES, MEMBERS, MANAGERS, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR THE TORTIOUS, ILLEGAL OR NEGLIGENT CONDUCT OF ANY REGISTRANT EVEN IF ZERO ZERO HAD REASON TO KNOW OR SUSPECT THAT SUCH CONDUCT WAS WRONGFUL. ZERO ZERO WILL NOT BE LIABLE FOR THE FAILURE OF ANY PURCHASER OF A PRODUCT TO PROPERLY ACQUAINT HIMSELF, HERSELF OR ITSELF WITH THE MANUFACTURER’S DIRECTIONS FOR THE PROPER USE, TRANSPORT AND STORAGE OF ANY PRODUCT (INCLUDING ANY WARNINGS OR PROHIBITIONS) OR THE LAWS AND REGULATIONS GOVERNING THE OWNERSHIP, REGISTRATION AND LAWFUL OPERATION OF DRONES IN THE JURISDICTIONS FROM WHICH SUCH PRODUCTS ARE PURCHASED OR IN WHICH SUCH PRODUCTS ARE USED.

10. Limitation of Liability; Indemnification.

By making any use of the Sites, you agree and acknowledge that you are doing so entirely at your own risk. Except to the limited extent provided under the Zero Zero Limited Warranty for purchasers of Products manufactured by us, under no circumstances shall Zero Zero be responsible to a customer of a Product or user of any Feature for, or otherwise liable in connection with, the purchase, use, failure or consequences of using any Product or for the limited warranty of any Product provided or not provided including, without limitation, any failure or alleged failure in advising you of the laws or regulations governing the ownership or operations of UAVs in the country or locality where you reside or may operate such a Product.

BY USING THE SITES, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ZERO ZERO AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, MEMBERS, MANAGERS, SUPPLIERS, LICENSORS AND AGENTS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE, LIABILITY AND EXPENSE (INCLUDING ATTORNEYS' FEES, EXPERT FEES AND OUT-OF-POCKET EXPENSES) ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS OF USE OR YOUR USE OR MISUSE OF THE SITES OR FEATURES, AND FOR THE CONSEQUENCES OF ANY DISPUTE BETWEEN YOU, AS A CUSTOMER OR CONSUMER, AND A MANUFACTURER OF A PRODUCT (OTHER THAN ZERO ZERO), OR BETWEEN YOU, AS A MANUFACTURER OF A PRODUCT AND ANY CUSTOMER OR CONSUMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZERO ZERO OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, MEMBERS, MANAGERS, SUPPLIERS, LICENSORS OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES, INCLUDING DAMAGES TO YOUR OR ANYONE ELSE’S PERSON, REPUTATION OR STANDING, INVASION OF PRIVACY, THEFT OF OR DAMAGE TO ANY PROPERTY, NON-PAYMENT OR PARTIAL PAYMENT, ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITES OR THE FEATURES, YOUR PURCHASE OR SALE OF ANY PRODUCT, EVEN IF ZERO ZERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, QUASI-CONTRACT OR TORT, INCLUDING NEGLIGENCE OR OTHERWISE).

IN ANY EVENT AND WITHOUT LIMITING THE FOREGOING, THE ENTIRE LIABILITY OF ZERO ZERO AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, MEMBERS, MANAGERS, SUPPLIERS, LICENSORS AND AGENTS FOR ALL DAMAGES OF EVERY KIND AND NATURE SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US$100.00). THE FOREGOING LIMITATION OF LIABILITY SETS A MAXIMUM AMOUNT OF DAMAGES THAT YOU MAY BE ENTITLED TO RECOVER IF YOU PREVAIL IN ANY PROCEEDING AGAINST ZERO ZERO AND/OR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, MEMBERS, MANAGERS, SUPPLIERS, LICENSORS AND AGENTS, AND IS NEITHER INTENDED NOR TO BE CONSTRUED SO AS TO ESTABLISH AN AMOUNT OF LIQUIDATED DAMAGES TO WHICH YOU MIGHT BE ENTITLED. BY ESTABLISHING A REGISTRATION WITH ZERO ZERO YOU EXPRESSLY RECOGNIZE AND ACKNOWLEDGE THAT SUCH LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THIS AGREEMENT WITHOUT WHICH ZERO ZERO WOULD NOT PROVIDE THE SITES, THE FEATURES OR THE NEWSLETTER (OR ANY OF THEM) FOR YOUR USE, EITHER ON THE TERMS SET FORTH HEREIN OR AT ALL. NOTHING CONTAINED HEREIN IS INTENDED TO NEGATE OR DIMINISH THE TERMS OF THE ZERO ZERO LIMITED WARRANTY PROVIDED TO ORIGINAL PURCHASERS OF HOVER CAMERA PRODUCTS FOR THE DURATION AND SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN SUCH LIMITED WARRANTY, NOR TO ANY RIGHTS THAT CUSTOMERS OF HOVER CAMERA PRODUCTS MAY HAVE UNDER THE MAGNUSON-MOSS WARRANTY ACT OR OTHER CONSUMER PROTECTION LAWS.

Because some jurisdictions do not allow for the disclaimer of implied warranties, or for the exclusion of incidental or consequential damages in connection with written warranties provided with the sale of a consumer product, some of the foregoing terms limiting your rights to recovery may not apply to you in the jurisdiction in which you reside if you purchase a Hover Camera Product.

11. Copyright and other Intellectual Property Matters.

You acknowledge and agree that the materials contained on the Sites and/or in the newsletter are protected by copyright, trademark and other proprietary rights and laws. You agree that you will not use such proprietary materials or any of such rights in any way whatsoever except for permitted use in strict accordance with these Terms of Use. Without limiting that which is provided in the preceding sentence, you agree not to collect data or other content from the Sites or the newsletter for the purpose of creating a collection, compilation, database, or directory without the prior written consent of Zero Zeroin each instance. All rights not expressly granted to visitors and Registrants herein are expressly reserved by Zero Zero.

If you access or copy any of the information, content or images from the Sites and/or the newsletter, it will not create any license or transfer any right of ownership to you with respect to such information, content or images, and your access or copying of such materials is permitted solely for the limited purpose contemplated by, and otherwise in accordance with, these Terms of Use. You may not mirror or archive any part of the Sites (nor any material contained on the Sites or in the newsletter) on any server or computer without the prior written consent of Zero Zero in each instance. Except as stated herein, none of the contents of the Sites or the newsletter may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, whether currently in existence or hereafter created.

The trademarks, logos and service marks of Zero Zero™ or its affiliates and service providers (“Marks”) displayed on the Sites and in the newsletter are the property of Zero Zero, its trademark licensors (if any), and other parties, whether or not registered. Your access to the Sites or receipt of the newsletter should not be construed as granting, by implication or otherwise, any license or right to use any Marks appearing on the Sites or in the newsletter without the prior written consent in each instance of Zero Zeroor the third party owner thereof. Zero Zero and any other party that provides Marks for use on the Sites and/or in the newsletter retain all rights with respect to any of their respective Marks.

12. Claiming Copyright Infringement.

Zero Zero expects and requires users of the Sites to respect the copyrighted works of Zero Zero and our Content providers, just as we respect the copyrighted works of others. If you believe that your copyrighted work is being infringed by any portion of the Sites, the newsletter or by any user-posted Content, please notify our copyright agent specified below.

E-mail may be sent to: support@gethover.com.

Regular mail may be sent to:

Zero Zero

Attention: Copyright Administrator

1607 Innovation Park

High-Tech Park of Nanshan District

Shenzhen, Guangdong, P.R. China

When notifying Zero Zero of any alleged copyright infringement, please send us written notice clearly providing or setting forth all of the matters spelled out in 17 U.S.C. §512(c), as follows:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an email address at which you may be contacted;

(e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

13. Breach of these Terms of Use. These Terms of Use have been devised to ensure the orderly operation of the Sites and the provision of the Features to Registrants and other visitors, while simultaneously protecting the rights of Zero Zero, its affiliates, third party providers, customers of Products and manufacturers of Products. In the event that you breach these Terms of Use by interfering with the orderly operation of this website, the App, our Social Media pages, the newsletter or any other Features made available to Registrants, by undermining the integrity or reliability of any Content posted on the Sites, or by causing harm, disruption or annoyance to others in breach of the prohibitions governing use of the Sites and the posting of Content, Zero Zero will be damaged and will hold you liable for such conduct. In the event of any actual or threatened breach of these Terms of Use by you, you agree that we may seek to secure injunctive or other equitable relief against you, in addition to such compensatory damages as may be available under the circumstances in a court of competent jurisdiction. In the event that we prevail in any effort to secure injunctive or other relief against you, in addition to such damages as may be awarded to Zero Zero, you will be responsible for our attorneys’ fees and related costs and disbursements incurred in securing such relief. Except for claims made by Zero Zero against you seeking injunctive relief and/or damages, you agree that all other claims, controversies and disputes, arising under or in connection with these Terms of Use or your use or attempted use of the Sites or the Features, will be resolved exclusively through arbitration as set forth in Section 14below.

14. Arbitration. Except to the limited extent set forth in Section 13 above concerning breaches of these Terms of Use by any user of the Sites or the Features resulting in the filing of a claim by Zero Zero against you in an appropriate court, any dispute, controversy, or claim arising out of or relating to your use of the Sites, these Terms of Use, the Features or any other matter arising out of or in connection herewith made or asserted against Zero Zero (except for those, if any, constituting a compulsory counterclaim under applicable civil procedure or court rules in any action initiated by or on behalf of Zero Zero under Section 13 above where the failure to assert such a compulsory counterclaim would deprive the defendant in such action the right to assert such claim in a separate proceeding), including the question of the arbitrability of any such dispute, shall be referred to and finally determined by arbitration before the China International Economic and Trade Arbitration Commission (CIETAC) in accordance with its then-current arbitral rules for arbitration. Any such arbitration shall be administered by CIETAC and shall take place before a panel of three (3) experienced and impartial arbitrators appointed for such purpose by CIETAC in Beijing, and the arbitrators shall issue a decision and award in writing setting forth their reasons therefor. Any such arbitration shall be conducted, and any such arbitral decision shall be rendered, in the Simplified Chinese (Mandarin) language. Judgment upon the arbitral award may be entered in any court having jurisdiction. This agreement to select arbitration as the exclusive means of resolving claims against Zero Zero shall apply to and require arbitration of all disputes, controversies and claims (other than as set forth in Section 13 above), regardless of whether such disputes, controversies, or claims involve a single person or entity, more than one person or entity, or a class or classes of individuals or entities, or mixed classes. By using the Sites and agreeing to be bound by these Terms of Use, you are waiving any right to assert or seek to assert claims in a court of law, generally, as well as the right to seek to form or participate in any so-called “class actions” against any one or more of Zero Zero, its shareholders, officers, directors, employees, agents, affiliates, members, managers, suppliers, licensors, agents, third party providers and/or any of their respective successors or assigns.

The requirement to use arbitration under this Section 14 is intended to govern any claims relating to or arising from a Registrant’s (or anyone else’s) use of or reliance upon the Sites and/or any of the Features. This requirement is not intended and shall not operate so as to limit the rights of a purchaser of a Hover Camera Product in the United States under our Limited Warranty and applicable regulations including, without limitation, rights to commence any breach of warranty or similar claims in a court of competent jurisdiction in the United States under the Magnuson-Moss Warranty Act, (15 U.S.C. §2301, et seq.) or to deprive any purchaser of a Hover Camera Product who resides in the United States from the protections of any other applicable consumer protection laws.

15. Notices. Generally, notices to Registrants will be provided by Zero Zero by posting such notices on this website and the App (and, as we may deem appropriate, on one or more Social Media pages or postings). In addition, if any notice is specific to one or more Registrants, we may send notices to such Registrant(s) by email to the email addresses that they have provided to Zero Zero or by informational text (SMS) messages to the cellular phone numbers that they have provided unless they have opted out of receiving such SMS messages.

If you want to send any notice to Zero Zero, you must do so in writing and send it by prepaid first class certified or registered mail, return receipt requested (international or domestic, as applicable) or by overnight courier to the following address:

Zero Zero

2711 Centerville Road,

Suite 400, Wilmington,

19808, County of New Castle,

State of Delaware, U.S.

Notices delivered to you via email or text messages shall be deemed received when Zero Zero has confirmation that the email or text was sent and delivered. Notices sent by you to Zero Zeroshall be deemed received when actual delivery is made via courier (as evidenced by such courier’s receipt) or seven (7) days after having been deposited in the mails, properly addressed and postage prepaid. The failure or refusal of a party to accept or acknowledge any notice otherwise properly given hereunder shall not affect the validity thereof.

16. Governing Law. These Terms of Use, and your access to and use of the Sites and Features, are governed by the laws of the People’s Republic of China without regard to the conflict of laws principles or any other doctrine of the laws of China that could result in the application of another jurisdiction’s law to interpret these Terms of Use or the parties’ respective rights and obligations hereunder. By accessing or using the Sites or using or trying to use the Features, you agree and acknowledge that the substantive laws of China shall apply regardless of the choice of law provisions of the Country, State, Province, Prefecture or Territory in which you reside or, if different, the laws of the jurisdiction in which you may have been located when the events giving rise to a dispute occurred. The choice of the laws of the People’s Republic of China is for matters relating to a Registrant’s or other user’s access to and use of the Sites and/or the Features, and is not intended to deny a customer of a Hover Camera Product from the benefit of any mandatory law governing his, her or its purchase of a Hover Camera Product in the jurisdiction in which such customer is located. For example, customers of “consumer products” in the United States are protected by the Magnuson-Moss Warranty Act, which governs certain aspects of written warranties provided by manufacturers of consumer products and the rights of customers under such warranties, and those rights may not be waived or altered by a manufacturer’s warranty nor by contract, such as these Terms of Use.

17. Severability, Modification. If a court (in an action brought by Zero Zero) or an arbitrator (in any action initiated by you) determines that any provision of these Terms of Use is unenforceable or invalid under applicable law as written, that provision shall be deleted or, if such court or arbitrator deems such provision capable of being revised to make it valid and enforceable, such provision shall be so modified and then enforced as modified. Whether a provision found to be unenforceable or invalid as written is deleted or is revised through modification, all of the remaining terms and conditions of these Terms of Use shall remain in full force and effect and be fully enforceable as written.

18. Entire Agreement. Subject to: (a) future unilateral revisions or updates by Zero Zero, (b) the specific terms of any registration, (c) Zero Zero’s Privacy Policy, and (d) for Purchasers of Products, Zero Zero’s Limited Warranty, Refund and Exchange Policy and the Terms of Use (for the App), these Terms of Use set forth and represent the entire agreement between Zero Zero, on the one hand, and each Registrant and each other visitor to the Sites on the other, with respect to the Sites, the newsletter, any other Features, and all of the other matters addressed herein. By accessing and using the Sites or the Features, and whether or not you establish a Zero Zero registration, you are acknowledging and agreeing that no other terms have been negotiated by you and Zero Zero and no other terms exist with respect to the matters addressed herein. Furthermore, you acknowledge and agree that you are not relying on any other or further commitment, obligation or undertaking of Zero Zero or any other party (whether or not acting or purporting to act on behalf of Zero Zero) not expressly set forth in these Terms of Use, Zero Zero’s Privacy Policy, your Zero Zero registration and, for purchasers of a Hover Camera Product, Zero Zero’s Limited Warranty, Refund and Exchange Policy and the Zero Zero terms of use.

If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at support@gethovercom. We will try to respond promptly and address any issue to the best of our abilities.

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