- The Stormbee S20 (hereinafter the “Product”) is based on and applies advanced technology which must be used appropriately to ensure its correct and safe use and performance and to avoid personal injury or other damages.
Instructions for proper, safe and correct use of the Product are given by THINK 3D in the documentation that is provided with the Product and/or is made available for download (hereinafter referred to as the “Manuals”). The Manuals also contain covenants regarding your legal rights and responsibilities.
The Manuals comprise in particular the procedures and guidelines described in the following documents:
– DJI Lightbridge 2 User Manual (download here: https://www.dji.com/lightbridge-2
– DJI GS Pro Manual (download here: https://www.dji.com/ground-station-pro)
– DJI A3(Pro) User Manual (download here: https://www.dji.com/a3)
– DJI A3(Pro) Disclaimer and Safety Guidelines (download here: https://www.dji.com/a3)
- You must carefully read and understand the Manuals before using the Product and must continuously comply with the Manuals throughout the use of the Product. Failure to read and follow the instructions and warnings contained in the Manuals may result in product loss, serious injury or material damage.
By using the Product, you acknowledge that you have read the Manuals, that you understand the Manuals and that you agree with any terms and conditions contained therein.
- While it has made every effort to ensure that the Manuals are accurate, THINK 3D disclaims all liability for any inaccuracies or omissions that may have occurred, makes no commitment to update or keep current the information in the Manuals and reserves the right to modify the contents of the Manuals without prior notice. The most recent version of the Manuals can be found at stormbee.com and you must consult them prior to any use of the Product.
THINK 3D does not accept any responsibility whatsoever for misrepresentation by any person of the information contained in the Manuals and expressly disclaims all and any liability in respect of any damages, losses, claims, costs or third party claims, either direct or consequential arising out of or in relation to the use of or inability to use the Product, any materials delivered by THINK 3D and any of their accessories, whether wholly or partially, upon any information contained or products referred to in the Manuals.
- Except if expressly otherwise agreed in writing, THINK 3D disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, to the maximum extent permitted by applicable law. Without limiting the generality of the foregoing, as such and among others:
- the Product, any materials delivered by THINK 3D and any of their accessories, and in general any service, good or information are provided by THINK 3D without any warranties or representations, express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose, performance, non-infringement, timeliness, reliability, availability, accuracy, quality, completeness, title, quiet enjoyment or non-infringement as well as any warranties arising out of course or dealing, usage or trade;
- THINK 3D does not warrant that the performance of the Product, any materials delivered by THINK 3D and any of their accessories shall be uninterrupted, error-free or that it shall meet your or any other party’s specific needs, nor that any service, good or information provided by THINK 3D shall be free from viruses, harmful components, errors or defects (nor that the said shall be corrected), nor that the Product, any materials delivered by THINK 3D and any of their accessories shall operate in combination with any other service, software, hardware, system or data;
- THINK 3D shall have no liability for the (in)correctness of any data, information or material regardless of its form or the medium in which they are comprised provided to it, used by it or provided by it and shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.
You understand and agree that you shall use the Product at your own discretion, risk and responsibility and assume all risks for any damage that may result from your use of or access to the Product, any materials delivered by THINK 3D and any of their accessories, including personal injury, death, damage to your or third party’s property or the loss of data that results from your use of or inability to use the product, for which you will be solely liable.
No advice or information, whether oral or written, obtained by you from the Product, any materials delivered by THINK 3D and any of their accessories will constitute as legal, commercial or managerial advice or any other type of advice nor create any warranty regarding THINK 3D or the Product that is not expressly stated in the Manuals.
- IN NO EVENT WILL THINK 3D BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE Product, any materials delivered by THINK 3D and any of their accessories, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THINK 3D HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. Without prejudice to other limitations of liability contained herein, the total aggregate liability of THINK 3D shall in any event be limited to the lower of the following amounts: the price paid or payable to THINK 3D for the Product to which the claim relates and, (if applicable) to the amount recovered by THINK 3D from its insurer. YOU SHALL HAVE the Duty to mitigate any damages for wich THINk 3D may be liable.
Without limiting the generality of the foregoing, THINK 3D shall not be liable for any consequences of the use of the Product, any materials delivered by THINK 3D and any of their accessories, including any damages, losses, claims, costs or third party claims to the extent that this is the result of (i) your breach of any agreement with THINK 3D, (ii) the modification of the Product, any materials delivered by THINK 3D and any of their accessories by any other person than Think 3D, (iii) your use of the Product, any materials delivered by THINK 3D and any of their accessories contrary to the Manuals, (iv) use of the Product, any materials delivered by THINK 3D and any of their accessories after you were informed that they infringe (or may infringe) a third party right or is potentially insecure or unsafe, (v) use of the Product, of any materials delivered by THINK 3D or of any of their accessories after their breakdown or damage as long as they have not been repaired by or as instructed by THINK 3D, (vi) your failure to integrate as indicated by THINK 3D any update or corrections to the Product, any materials delivered by THINK 3D and any of their accessories or (vii) your use of the Product, of any materials delivered by THINK 3D or of any of their accessories in combination with third party products or services.