Terms of Service
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by HiFly Photography, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
You agree to provide us with complete and accurate information when you submit a job request. You will be solely responsible and liable for any activities you perform on our site.
1. HiFly Photography.com
By submitting a job request to or agreeing to conduct a job for HiFlyPhotography.com you agree to grant HiFly Photography a world-wide, royalty-free, uncredited and non-exclusive license to reproduce, modify, adapt and publish footage from the shoot solely for the purpose of displaying, distributing, and promoting HiFly Photography. This license allows HiFly Photography to make footage available to third parties selected by HiFly Photography so that these third parties can analyze and distribute your content through their services. HiFlyPhotography.com grants its users permission to share its Content on other websites, so long as they are credited as the original author by linking back to HiFly Photography.com. Without limiting any of those representations or warranties, HiFly Photography has the right (though not the obligation) to, in HiFly Photography’s sole discretion, (i) refuse any job that, in HiFly Photography’s reasonable opinion, violates any HiFly Photography policy (ii) refuse any job that cannot be completed legally. HiFly Photography will have no obligation to provide a refund of any amounts previously paid.
2. Payments and Cancellations.
HiFly Photography offers paid aerial photography packages for multiple uses. By filling out a form on http://HiFlyPhotography.com/hire-a-drone/ you agree to pay HiFly Photography for the package you selected. Payments will be charged immediately before job footage is delivered to you, as a link in your inbox or otherwise, to ensure successful payment. Jobs can be cancelled for free more than 48hrs before the day of the shoot. A cancellation fee will be charged to all users who cancel a job within 48hrs of the shoot date. There are no refunds for jobs cancelled on the day or after the shoot has taken place. To cancel your job email firstname.lastname@example.org and specify the project address for which you booked the photography.
HiFly Photography offers aerial photography packages for recurring services such as ‘construction progression’ and ‘property management’ projects. Once the minimum number of jobs has been completed for your package, you may cancel the service at any time following the rules outlined for cancellations in the paragraph above. Unless you notify HiFly Photography that you want to cancel a recurring package, you authorize us to schedule, conduct and charge the cost of additional shoots for your project using any credit card or other payment mechanism we have on record for you.
Drone Operators are guaranteed payment for the job within 30 days after delivering the footage that was requested of them.
3. Permission to Fly
By filling out any of our ‘Hire a Drone’ forms located on the page http://HiFlyPhotography.com/hire-a-drone/ or accepting HiFly Photography’s Terms of Service you agree to give HiFly Photography, and any of the drone operators it works with, permission to fly above and capture footage of the property at the submitted address. Furthermore, if you have bought a package including interior footage of a location, by accepting this Agreement, you give HiFly Photography and any of its operators permission to enter the property at the submitted address.
4. Copyright Infringement and DMCA Policy.
As HiFly Photography asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by HiFlyPhotography.com violates your copyright, you are encouraged to notify HiFly Photography in accordance with HiFly Photography’s Digital Millennium Copyright Act (“DMCA”) Policy. HiFly Photography will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
5. Intellectual Property.
Footage is created for every job that HiFly Photography takes on. This section will detail the license distribution of intellectual property.
Operator: By agreeing to our Terms of Service you agree to transfer the copyright of the images produced for the job taken on for HiFly Photography to HiFly Photography. You are granted an unlimited and uncredited license for the footage to be used for advertising.
Client: By agreeing to our Terms of Service you agree that you are not purchasing your received footage from HiFly Photography. By paying HiFly Photography for their services you are simply purchasing a license to use the requested footage for its intended purpose. Media produced by or for HiFly Photography cannot be distributed to third parties.
HiFly Photography: Copyright holder.
This Agreement does not transfer from HiFly Photography to you any HiFly Photography or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with HiFly Photography. HiFly Photography, HiFlyPhotography.com, the HiFlyPhotography logo, and all other trademarks, service marks, graphics and logos used in connection with HiFlyPhotography.com or our Services, are trademarks or registered trademarks. Your use of our Services grants you no right or license to reproduce or otherwise use any HiFly Photography or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
7. Disclaimer of Warranties.
Our Services are provided “as is.” HiFly Photography and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HiFly Photography nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
8. Limitation of Liability.
In no event will HiFly Photography, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to HiFly Photography under this agreement during the twelve (12) month period prior to the cause of action. HiFly Photography shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
9. General Representation and Warranty.
10. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and HiFly Photography reserve the right to terminate jobs without refund in the event of a breach of this condition.
You agree to indemnify and hold harmless HiFly Photography and their respective directors, and employees from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
You attest that you will not hold HiFly Photography responsible for any damage to property or person that may occur while a job is being conducted. Operators are responsible for their own insurance and any negotiation of damages will be held independent from the project being processed through HiFly Photography.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between HiFly Photography and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of HiFly Photography, or by the posting by HiFly Photography of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Dallas, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Dallas, Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Automattic may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.