**Legal Information**

Terms of Service

Welcome to Nitescape LLC, a drone services company. Please read these terms of service carefully before using our services. By using our services, you agree to be bound by these terms of service.

 

Services Provided

Nitescape LLC provides aerial photography and videography services using unmanned aerial vehicles (UAVs) or drones. Our services are subject to weather and other environmental conditions.  We also rely on FAA Part 107 Rules for the safe and operational use of said drones.

 

Weather Limitations, NOTAMS and Rescheduling:

We prioritize the safety of our clients, our equipment, and the environment. Therefore, we may need to reschedule or cancel our services on the day of the scheduled shoot if weather or other environmental conditions are not suitable for flying. Additionally, if as part of our pre-flight checks we find there is a flight restriction or NOTAM warning or restriction in your requested airspace, we may need to reschedule as well.  We will notify you as soon as possible if rescheduling is necessary.  We will ALWAYS make every effort to reschedule the shoot at a mutually convenient time if possible.

 

Equipment:

Nitescape LLC uses high-quality (preferably but not always US made) equipment to provide our services. We take all necessary precautions to ensure the safety of our clients and their property during our shoots. However, we are not liable for any damage or injury that may result from the use of our equipment.

Intellectual Property Rights

We retain all intellectual property rights to our photographs and videos. By using our services, you agree not to reproduce, distribute, or use our photographs or videos without our written consent. We reserve the right to use our photographs and videos for marketing and promotional purposes.

 

Payment:

Payment is due in full at the time of booking our services. We accept payment via [accepted payment methods]. If rescheduling is necessary due to weather or other environmental conditions, we will make every effort to provide our services at a mutually convenient time.

 

Limit of Liability Statement:

Nitescape LLC ("we," "us," "our") is a limited liability corporation that provides aerial photography and videography services using unmanned aerial vehicles (UAVs) or drones.

By using our services, you acknowledge and agree to the following limitations of liability:

 

• Our liability is limited to the amount paid for our services. We are not liable for any direct, indirect, incidental, or consequential damages that may result from the use of our services.

• We are not liable for any loss or damage to property or equipment, including but not limited to drones, cameras, and accessories, during the use of our services.

• We are not liable for any injury that may result from the use of our services, except in cases of gross negligence or willful misconduct.

• We are not liable for any violations of applicable laws and regulations that may result from your use of our services.

• By using our services, you acknowledge and agree to indemnify and hold harmless Nitescape LLC, its officers, directors, employees, and agents from any claims, damages, or expenses arising out of your use of our services.

 

Governing Law:

These terms of service shall be governed by and construed in accordance with the laws of the United States of America and the US FAA without giving effect to any principles of conflicts of law.

 

Changes to Terms of Service:

We reserve the right to change these terms of service at any time without notice. Your continued use of our services after any such changes constitutes your acceptance of the new terms of service.

 

Contact Information:

If you have any questions or concerns about these terms of service, please contact us at info@nitescape.io or +1 774-929-6483

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Privacy Policy:

Nitescape LLC ("we," "us," "our") is committed to protecting the privacy and security of your personal information. This privacy policy describes how we collect, use, and disclose your personal information when you visit our website or use our services.

 

Information We Collect:

We may collect the following types of personal information from you:

• Name, email address, and phone number

• Location data

• Photographs and videos

• Billing information

 

How We Use Your Information:

We use your personal information for the following purposes:

• To provide our services to you

• To communicate with you about our services

• To process payments for our services

• To improve our services and website

 

How We Share Your Information:

We may share your personal information with the following types of third parties:

• Payment processors to process payments for our services

• Our service providers to assist with providing our services

• Legal or government authorities in response to a legal request or as required by law

 

How We Protect Your Information:

We use industry-standard security measures to protect your personal information from unauthorized access, use, or disclosure. We limit access to your personal information to authorized personnel who have a legitimate business need to access it.

Visitor Analytics is a simple website analytics service that measures traffic on our website and collects general information from our website visitors. We create statistics to improve the experience of our website visitors. We never use cookies for this purpose.

As a website operator using Visitor Analytics to conduct reach measurement, depending on the level of data protection we have activated, we may process information about the device you are using and its characteristics, information about technical characteristics of the website visit, the number of page visits and statistically relevant behavior of our website visitors. The technology does not use the collected data to identify individual visitors or to match the data with additional information about an individual user.

Depending on the location from which you access our website, Visitor Analytics may not collect any information about the device you are using due to our technical settings

 

Your Rights and Choices:

You have the right to access, modify, or delete your personal information. You may also opt-out of receiving marketing communications from us at any time. To exercise these rights, please contact us using the contact information provided below.

 

Children's Privacy:

Our services are not intended for children under the age of 13. We do not knowingly collect personal information from children under the age of 13.

 

Changes to This Privacy Policy:

We reserve the right to modify this privacy policy at any time. Any changes to this policy will be posted on our website.

 

Contact Us:

If you have any questions or concerns about this privacy policy, please contact us at info@nitescape.io or +1 774-929-6483

 

Disclaimer

Nitescape LLC ("we," "us," "our") provides aerial photography and videography services using unmanned aerial vehicles (UAVs) or drones. Our services are subject to weather and other environmental conditions, as well as the regulations of the Federal Aviation Administration (FAA), the Massachusetts Department of Transportation (MassDOT), and the Rhode Island Department of Transportation (RIDOT).  The information provided on our website and through our services is for informational purposes only and should not be relied upon for legal, financial, or other advice. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information contained on our website or through our services. Any reliance you place on such information is strictly at your own risk.

 

We are not liable for any direct, indirect, incidental, or consequential damages that may result from the use of our services, including but not limited to any injury, damage to property or equipment, or loss of data. We are not responsible for any loss or damage to property or equipment, including but not limited to drones, cameras, and accessories, during the use of our services.

By using our services, you acknowledge and agree that:

 

• You assume all risks associated with the use of our services, including but not limited to the risks of injury, damage to property or equipment, and loss of data.

• You are responsible for complying with all applicable laws and regulations, including but not limited to the regulations of the FAA, MassDOT, and RIDOT; and We are not responsible for any violations of applicable laws and regulations that may result from your use of our services.

• We reserve the right to modify this disclaimer at any time. Any changes to this disclaimer will be posted on our website.

 

Copyright Notice

All photographs, videos, and other content on Nitescape LLC ("we," "us," "our") website and social media pages are protected by copyright law and are the property of Nitescape LLC or our content providers.

 

By using our services, you acknowledge and agree that:

• You may only use our content for personal or for our agreed intended purpose as outlined above and on our website/social media outlets.

• You may not modify, alter, or create derivative works based on our content;

• You may not remove or obscure any copyright or other proprietary notices contained in our content.

• We reserve the right to take legal action against any individual or entity that violates our copyright or other intellectual property rights.

 

Implied Consent:

By accepting delivery of our media content, you acknowledge and agree that you have reviewed and accepted the terms and conditions documented above. You also acknowledge and agree that you have received all necessary permissions and consents from any individuals or entities depicted in the media content provided by us, and that you have the right to use and reproduce the media content for your intended purpose.

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Insurance:

We maintain the following insurance policies to protect our clients and our business

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​General Liability Insurance:

• We maintain general liability insurance with limits to cover bodily injury, property damage, and personal injury arising out of our drone operations.

Drone Liability Insurance:

• We maintain drone liability insurance with limits to cover bodily injury and property damage arising out of our drone operations.

​Equipment Insurance:

• We maintain equipment insurance to cover damage to our drones, cameras, and accessories.

 

Certificates of insurance are available upon request.

 

By using our services, you acknowledge and agree to our insurance policies and limitations of liability.