FlightZoomer, terms and conditions
Thanks for using FlightZoomer! These terms and conditions (“terms”) apply for any of the FlightZoomer software apps (“FlightZoomer”), which are developed under the trade name Model Instruments (“Developer”, “us”, “we”). By operating FlightZoomer, you agree to be bound by all of the terms below. In case you don’t agree to all of the terms below, you may not use FlightZoomer.
Changes to these terms
We may change these terms from time to time. Any changes we make to these terms go along with a new version of FlightZoomer. You will be provided a notice in the app after upgrading and if you continue use FlightZoomer after the terms changed, then you have accepted the changes to these terms.
Right to use FlightZoomer
On the condition that you fully comply with these terms, you are granted a limited, nonexclusive, non-transferable and revocable license to use FlightZoomer.
Except as expressly authorized by these terms, you may not: (a) modify, disclose, alter, translate or create derivative works of FlightZoomer; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of FlightZoomer; (c) disassemble, decompile or reverse engineer any of the software components of FlightZoome; (d) copy, frame or mirror any part of FlightZoomer; (e) interfere with or disrupt the integrity or performance of FlightZoomer; or (f) attempt to gain unauthorized access to FlightZoomer or its related services, components, systems or networks.
Prohibited use of FlightZoomer
- Use outside the field of hobby usage for personal recreation.
- If you are unfamiliar with the operation of RC aircraft having 1kg flying weight or more.
- Use aboard an unproven combination of RC equipment, airframe, flight controller, motors, propeller, battery and ESCs.
- Use outside the safety boundaries of any other onboard components.
- Use outside the boundaries of any local regulatory statute.
- Use in violation of any disclaimer and safety note which is associated with any other onboard or controlling component, such as RC radio and equipment, telemetry radios or autopilots.
FLIGHTZOOMER AND ANY CONTENT MADE AVAILABLE TO YOU THROUGH THE USE OF FLIGHTZOOMER (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS BASIS WITHOUT ANY PRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO FLIGHTZOOMER AND ANY CONTENT MADE AVAILABLE TO YOU THROUGH FLIGHTZOOMER (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
IN NO EVENT WILL THE DEVELOPER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF FLIGHTZOOMER OR ANY OTHER CONTENT MADE AVAILABLE TO YOU THROUGH FLIGHTZOOMER (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR IS AWARE OF THE POSSIBILITY OF THESE DAMAGES.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgements, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to your use of FlightZoomer or violation (or alleged violation) of these .
Changes to FlightZoomer
We reserve the right in our discretion to improve, change or discontinue, temporarily or permanently, FlightZoomer and/or any features, services or content within FlightZoomer without providing notice to you. We will not be liable to you or any third party for any changes or discontinuance of FlightZoomer.
These terms will be governed by the laws of Switzerland, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this Agreement will be filed in Switzerland, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of Swiss courts over any suit, action or proceeding arising out of these terms.
Enforcement of these terms
Enforcement of these terms may or may not happen at the developer’s discretion. If any part of these terms in some instances is not enforced, this does not constitute a waiver of our right to enforce these terms in other instances. If any provision of these terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these terms will continue in full force and effect. As used in these terms, “including” means “including (without limitation).” The section headings in these terms and are for reference purposes only and will not affect the meaning or interpretation of these terms.
This document is the version from August 6, 2018