DJI Website Terms of Use

Thank you for your interest in SZ DJI Technology Co., Ltd. (“DJI”) and our website at www.dji.com (the “Site”). Please read the following terms and conditions carefully. By accessing the Site or any of the services provided to you through the Site, 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 http://www.dji.com/policy) (together, these “Terms”). If you are not eligible or do not agree to any of the Terms, then you may not access the Site.
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 Site. 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 17 (“Dispute Resolution and Arbitration”) of these Terms for the details regarding your agreement to arbitrate any disputes with DJI.


1. Eligibility

You must be at least 13 years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years of age; (b) you have not previously been suspended or removed from the Site; and (c) your access to the Site is in compliance with all applicable laws and regulations. If you are accessing the Site on behalf of an entity, organization, or company, 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.


2. Accounts and Registration

To access certain features of the Site, such as when you participate in the DJI Forum, you may be required 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.


3. Purchases; Additional Terms and Conditions

Purchases of goods or services, and specific sections of the Site may be subject to additional terms and conditions; all additional terms are incorporated into these Terms by reference. You agree to abide by all such other terms and conditions, including representations of having sufficient legal age to use certain portions of the Site or services. If there are any conflicts between these Terms and terms that are specific to a section of the Site or specific to a particular service offered by the Site, you agree that the latter terms will control with respect to your use of that section of the Site or those particular services.


4. User Content

4.1. User Content Generally.
Certain features of the Site, such as the DJI Forum, may permit users to upload content to the Site, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Site. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to the Site.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 Site, you may contact our Designated Agent at the following address:


4.2. Limited License Grant to DJI.
By posting or publishing User Content, you grant DJI a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.


4.3. Limited License Grant to Other Users.
By posting or sharing User Content with other users of the Site, 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 Site.


4.4. 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 Site 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 Site, and these Terms;

b). your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause DJI to violate any law or regulation.


4.5. User Content Disclaimer.
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. DJI may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when accessing the Site 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. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, DJI does not permit copyright-infringing activities on the Site.


4.6 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 Site, you may contact our Designated Agent at the following address:
Intellectual Property Department, SZ DJI Technology Co., Ltd.
DMCA Notice
14th Floor, West Wing, Skyworth Semiconductor Design
Building No.18 Gaoxin South 4th Ave, Nanshan District
Shenzhen, China, 518057Telephone: +86 755 2665 6677
Fax: +86 755 8696 5903
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 comply with elements of notification as described in 17 U.S.C. §512.
b). 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 Site.


5. Using the Site

By using the Site, and by entering into these Terms, you represent and warrant that your use of the Site complies 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. For users located in China, you agree to comply with the “People’s Republic of China on Guarding State Secrets Law,” “Copyright Law of People’s Republic of China,” “Regulations on Protection of Computer Information System Security People's Republic of China,” “Regulations on Computer Software Protection,” “Internet Electronic Bulletin Site Management Requirements,” “Information Network Transmission Right Protection Ordinance” and other applicable laws and regulations, the implementation approach. DJI reserves the right to review, remove, or disable access to User Content in violation of the applicable laws and regulations in China. DJI also welcomes users to report any User Content that is in violation of applicable laws or regulations.


6. Prohibited Conduct

By using the Site you agree not to

6.1. access the Site 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 Site, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;

6.5. interfere with the operation of the Site or any user’s enjoyment of the Site, 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 Site; (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 Site, 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 accessing the Sites, 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 10) or any right or ability to view, access, or use any Materials;

6.8. bypass any security or other features of the Site designed to control the manner in which the Site is used, harvest or mine User Content from the Site, or otherwise access or access the Site 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 Site or to extract data;

6.10. use, display, mirror, frame or utilize framing techniques to enclose the Site or User Content, or any portion thereof, unless and solely to the extent DJI makes available the means for embedding any part of the Site or the User Content;

6.11. access, tamper with, or use non-public areas of the Site, DJI’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of DJI’s providers;

6.12. Access the Site 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 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 Site

If you violate any provision of these Terms, your permission from us to access 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 Site at any time for any reason or no reason, with or without notice. We also reserve the right to modify or discontinue the Site or features of the Site at any time, temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or access to the Site. Without limiting the foregoing, you understand and agree that in any termination or suspension of your account or the Site, you will not have access to any data or content posted to the Site or otherwise contained in the Site, 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/feedback or at support@dji.com.


8. Privacy Policy; Additional Terms

8.1. Privacy Policy
Please read the DJI Privacy Policy at http://www.dji.com/policy 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.

8.2. Additional Terms
Your access to the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site (the “Additional Terms”), such as the DJI Forum Rules or the DJI Store’s Terms of Sale. All Additional Terms are incorporated by this reference into and made a part of these Terms.


9. 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 versions of these Terms are effective upon their publication. If we make material changes to the Terms, we will attempt to provide you reasonable notice before such changes become effective. By continuing to access the Site, 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 access to or use of the Site. 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.


10. Ownership; Proprietary Rights

The Site 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 Site (“Materials”) provided by DJI are protected by intellectual property and other laws. All Materials contained in the Site are the property of DJI and its 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.


11. Feedback

If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Site or any of the services or products made available by DJI (“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. Indemnity

You are responsible for your access to the Site. 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 Site; (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.


13. Disclaimers; No Warranties.

THE SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, 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 SITE, AND ALL MATERIALS AND USER CONTENT AVAILABLE THROUGH THE SITE, 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 SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR USER CONTENT OFFERED THROUGH THE SITE, 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 SITE, OR ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE, WILL CREATE ANY WARRANTY REGARDING ANY OF THE DJI ENTITIES OR THE SITE 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 SITE, AND ANY MATERIALS OR USER CONTENT AVAILABLE THROUGH THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY PERSONAL INJURY, DEATH, DAMAGE TO YOUR PROPERTY OR THIRD PARTY PROPERTY, OR THE LOSS OF DATA THAT RESULTS FROM YOUR USE OF OR INABILITY TO USE THE SITE.
NOTWITHSTANDING THE FOREGOING, DJI DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT DJI IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.


14. 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 SITE, OR ANY MATERIALS, OR USER CONTENT AVAILABLE THROUGH THE SITE, 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 17.4(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 SITE 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 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.


15. 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, then 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 Site or any Materials included in the Site are appropriate or available for use in your location.


16. General

You agree that the Site 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 access to the Site. 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 3 through 19, along with the Privacy Policy and any other accompanying agreements, will survive.


17. Dispute Resolution and Arbitration

17.1. 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.

17.2. Exceptions
Despite the provisions of Section 17.1, 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 suit in a court of law to address an intellectual property infringement claim.

17.3. 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.

17.4. 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: 14th Floor, West Wing, Skyworth Semiconductor Design Building, No.18 Gaoxin South 4th Ave, Nanshan District, Shenzhen, China, 518057. 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.

17.5.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.

17.6. 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.

17.7. 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.

17.8. Enforceability
If Section 17.6 is found to be unenforceable or if the entirety of this Section 17 is found to be unenforceable, then the entirety of this Section 17 (other than, in the latter case, Section 17.6) will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 15 will govern any action arising out of or related to these Terms.


18. Consent to Electronic Communications

By accessing the Site, 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.


19. Contact Information

The Site is offered by SZ DJI Technology Co., Ltd. and its affiliated companies, located at 14th Floor, West Wing, Skyworth Semiconductor Design Building, No.18 Gaoxin South 4th Ave, Nanshan District, Shenzhen, China, 518057. You may contact us by sending correspondence to that address or by emailing us via http://www.dji.com/feedback or at support@dji.com.


ACCEPTANCE OF TERMS

By accessing this Website, you acknowledge that you have read, understood and accepted the following terms. In case you do not understand or agree to any of the terms, you should immediately exit this Website. Saikoron LLC reserves the right to update the TERMS OF USE (TOU) at any time without notice to you. With regard to any behavior of violation against the provisions of the TOU, Saikoron LLC shall have the right to seek legal and fair remedies.


LIMITED LICENSE

All contents on this Website are copyrighted by Saikoron LLC unless otherwise stated. Without prior written consent of Saikoron LLC or other parties, any content on the Website shall not be reproduced, distributed, photocopied, played, linked or transmitted with super-links, loaded into other servers in "mirroring method", stored in information retrieval system, or otherwise used for any commercial purpose by any person by any means, unless otherwise downloaded or reproduced for private and non-commercial purposes (provided however, that such use shall not include any revision to the content and the copyright notices and other proprietary notices shall be retained in the same form and manner as on the original).


TRADEMARK

All trademarks and logos displayed, mentioned or otherwise used in this Website are property of SZ DJI Technology Co.,Ltd or other third parties as stated if applicable. You are not permitted to use any of these trademarks or logos in any way without explicit prior written permission of SZ DJI Technology Co.,Ltd or such third party as applicable.


DISCLAIMER

This Website and its contents are provided for your convenience only. Although Saikoron LLC has attempted to provide accurate information on this Website, it assumes no obligation or responsibility regarding the accuracy of the information whatsoever. Saikoron LLC may change the contents available on this Website or the products mentioned at any time without notice.

ALL INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED ON "AS IS" BASIS WITHOUT WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND. SAIKORON LLC HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.


LIMITATION OF LIABILITY

Neither Saikoron LLC nor any of its affiliates, subsidiaries, directors, agents, employees or other representatives shall be liable for any direct, indirect, special, incidental, consequential, punitive, and/or exemplary damages including without limitation, loss of profits or revenues, loss of data, and/or loss of business, in connection with this Website or the use of or inability to use this Website or reliance on the contents contained herein, even if Saikoron LLC is advised of the possibility of such damages.


PRODUCT AVAILABILITY

The availability of the products and services described on this Website, and the descriptions of such products and services, may vary in your country or area. Please consult with Saikoron LLC's local sales representatives or agents for specific products and/or services information.


LINKS TO THIRD PARTIES

Although links to third party Websites may be contained in this Website for your convenience, Saikoron LLC shall not be responsible for any content of any such Websites. You might need to review and agree to applicable rules of use when using such Websites. In addition, a link to third-party Website does not imply that Saikoron LLC endorses the site or the products or services referenced therein.


ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Only authorized users can access to and make use of password protected and/or secure areas of this Website. Unauthorized users attempting to access such areas may be subject to prosecution.


APPLICABLE LAW AND JURISDICTION

This TOU shall be governed by, construed and interpreted in accordance with the laws of the People's Republic of China, without giving effect to principles of conflicts of law therewith. Any dispute or difference arising out of or concerning the TOU or this Website which cannot be settled amicably shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC) in accordance with its then-current arbitral rules for arbitration by three (3) arbitrators appointed in accordance with the said rules. The venue of arbitration shall be Beijing, China. All documentary submissions, presentations, and proceedings shall be in the Chinese language. The awards of the arbitration shall be final and binding upon the applicable parties.

Guidelines for Using DJI Trademarks and Copyrights

These guidelines are for DJI licensees, including authorized resellers, distributors, developers, and other parties wishing to use DJI’s trademarks, service marks, trade dress, or copyrighted materials. You may not use the DJI logo or any other DJI-owned trademarks, service marks, trade dress, or other intellectual property (including copyrighted materials) on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any purpose except pursuant to an express written license from DJI. If you are a DJI licensee and have been provided with special trademark and/or copyright usage guidelines with your license agreement, then you must follow those guidelines; these guidelines also apply to the extent that they do not conflict with such other guidelines. If your license agreement does not provide usage guidelines, then follow these guidelines.

By using a DJI trademark, in whole or in part, you acknowledge that DJI is the sole owner of the trademark and promise that you will not interfere with DJI’s rights in the trademark, including challenging DJI’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any DJI trademark. The goodwill derived from using a DJI trademark exclusively inures to the benefit of and belongs to DJI. For further information with respect to DJI’s trademarks and copyrights, please submit your query in writing to DJI’s Intellectual Property Department (dept-ip@dji.com).

Usage guidelines:

1. Always use DJI trademarks in an approved form.

DJI’s trademarks* must be presented in the styles shown below (e.g., unmodified logos, all caps, upper and lower case, or a combination of large and small caps):

MAVIC™ AGRAS™DJI™
ZENMUSE™INSPIRE™PHANTOM™
THE FUTURE OF POSSIBLE™GUIDANCE™WOOKONG™
LIGHTBRIDGE™MANIFOLD™MATRICE™
SMOOTHTRACK™OSMO™NAZA™
ROBOMASTERS™RONIN™SKYPIXEL™
SPREADING WINGS®

*The trademarks listed herein are for illustration purpose, and they do not represent an exhaustive list of DJI’s trademarks. You are obliged to follow these guidelines for all DJI trademarks. DJI will make reasonable efforts to provide notice of its existing trademarks. However, absence of any DJI trademark from this list does not constitute a waiver of DJI’s usage requirement described in these guidelines concerning that trademark.

Changes, alterations, phonetic equivalents, foreign language equivalents, takeoffs, or abbreviations in the names or logos above are not allowed without DJI’s prior written consent. Any variation must be cleared through or approved by DJI.

RIGHTRIGHT
OSMO™SKYPIXEL™
WRONGWRONG
OsmoSkyPixel®

2. always use DJI trademarks in a manner clearly indicating that they are trademarks OWNED BY DJI.

All DJI trademarks must be properly marked to give notice that they are, in fact, trademarks of DJI. In the United States, the federal registration symbol “®” must be used as designated above for registered trademarks, while all other marks must be used with the symbol “™” where the mark initially appears. Use of the registration symbol or “™” must appear with the first usage of the trademark in a document; subsequent occurrences do not require the symbols. When used in a printed document, the symbols should be half the point size of the word and then superscripted. The list of registered and unregistered marks will be updated periodically as pending applications mature to registration, and as such, it is important to determine status of the marks before using either symbol.

A footnote reference to ownership of the trademarks must be used on all products, documentation and advertisements in the following format:

{insert trademark(s) used}  is/are trademark(s) of DJI.”

DJI’s trademarks must not be joined with other terms (by a hyphen, for instance) nor used with unapproved logos, graphics, photos, slogans, numbers, design features or symbols. DJI’s trademarks should never be “made plural,” never be mixed with other trademarks, and a trademark's spelling should never be altered.

3. Always use DJI trademarks as adjectives, never as nouns or verbs, and the marks must be followed by the appropriate generic terminology.

DJI’s trademarks are meant to signify the brand or source of the product and may not be used in a manner which suggests that the trademark is the generic name of the product. The most common mistake is to use the trademark as a noun instead of as an adjective followed by the generic term.

RIGHT
“The PHANTOM™ drone carries a high resolution camera.”
WRONG
“The PHANTOM™ carries a high resolution camera.”

4. DO NOT IMPLY OR SUGGEST THAT A PRODUCT BASED ON DJI’S TECHNOLOGY IS A DJI PRODUCT OR THAT DJI SPONSORS OR ENDORSES THE PRODUCT.

While DJI understands and appreciates the licensee’s need to accurately describe the technology incorporated into the product as DJI technology, the product materials and advertising must not wrongly imply that the licensee’s product is a DJI product or that it is sponsored or endorsed by DJI, explicitly or implicitly. Care must be taken to clearly distinguish DJI’s products (and trademarks) from the licensee’s products and marks, as discussed more specifically in these guidelines. Some basic examples are:

RIGHT
“The ACME™ propeller guards are for use with PHANTOM™ drones.”
WRONG
“The PHANTOM™ propeller guards are made by ACME™.”
RIGHT
“The ACME™ drone system incorporates DJI’s PHANTOM™ drone.”
WRONG
“The ACME™ PHANTOM™ drone system incorporates the DJI drone.”

5. never use a DJI Trademark as part of your name, YOUR PRODUCT’S or service’s NAME, or YOUR trademark.

With certain limited exceptions, DJI trademarks may not be used or registered as part of another company’s mark, company name, product name, or service name; provided that DJI’s marks can be used in explanatory fashion (such as “for use with PHANTOM™ drones”). This restriction includes the names of applications created by developers using our SDK.

Also, licensees may not personify trademarks or create characters that represent the trademarks. However, the trademarks may be used in taglines in accordance with the guidelines listed above.

6. never use a DJI Trademark in a domain name

You may not use or register any domain name that is identical, virtually identical, similar or confusingly similar to any DJI trademark.

unacceptable

dji-phantom.com
dji-inspired.co.uk
phantom.club
thefutureofpossible.cl
dajiang.cn

7. DEVELOPERS MAY USE DJI TRADEMARKS TO INDICATE COMPATIBILITY

Developers may use any DJI word mark (including product and technology names but not including any DJI logos), or any images of DJI products in which such developers own or have a license to the trademarks and/or copyrights, to refer on packaging or promotional/advertising materials to the fact that the developers’ products are compatible with the referenced DJI product or technology, provided that a) the use complies with these guidelines, b) the product is in fact compatible with or otherwise works with the referenced DJI product or technology, c) the DJI word mark is used in a manner that is less prominent than the product name, and d) the use does not cast DJI or its products or technologies in a false or derogatory light. Unless you have a separate, written license from DJI to do so, you cannot use any trademark and/or copyrighted material owned or licensed by DJI, including without limitation any of DJI’s photographs, music, graphical user interface designs, etc., without DJI’s prior written consent.

8. OTHER FAIR USES OF THE DJI TRADEMARKS

Anyone may make fair use of the DJI word marks to make true, factual statements about DJI or to discuss DJI products or technologies. If you do so, we request that you help us protect our intellectual property by complying with the foregoing guidelines and that you include a disclaimer of sponsorship, affiliation, or endorsement by DJI, similar to the following, on any publication or printed materials:

“This work has not been authorized, sponsored, or otherwise approved by DJI.”

This Guideline was last modified on 2016/01/22.