• the information that we gather from you, • how we use and share this information, • the rights and choices you have regarding this information, • the steps we take to protect this information, • the limitations of this Policy regarding third party websites and content, • how we transfer your information, • how we may change this Policy, and • how you may contact us.
Information We Collect on the Ryze Tech Products and Services
• User-provided Information. When you use Ryze Tech Products and Services, you may provide us with information about you, including your name, email address, mailing address, mobile phone number, and payment information (if you use Ryze Tech Products and Services to engage in purchases or financial transactions). You may provide us with information in various ways when using Ryze Tech Products and Services. For example, you provide us with information when you register for a Ryze Tech account, use Ryze Tech Products and Services, submit credentials or other information for account verification, upload or share photos or videos on or through Ryze Tech Products and Services, or send us customer service-related requests using Ryze Tech Products and Services or other means of communication. • User-provided Information About Others. We may also collect and store information about other people that you or other users provide to us. If you use Ryze Tech Products and Services to send others (friends, relatives, colleagues, etc.) information that may interest them or messages (such as invitations to comment on videos or photos, use Ryze Tech Products and Services, or participate an event) through Ryze Tech Products and Services, we may store information about you and information relating to each such recipient. Similarly, if you use Ryze Tech Products and Services to upload, share and/or distribute content (including photos, videos, flight data, or other submissions), and such content contains information about others, we may store, process, and disclose that information as provided for under this Policy. • Cookies and Automatically Collected Information. When you use certain Ryze Tech Products and Services, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help"file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies, you may not be able to utilize the features of Ryze Tech Products and Services to their fullest potential. We may use third party cookies as well. Ryze Tech does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who use Ryze Tech Products and Services.
We may also automatically record certain information from your device by using various types of technology, including “clear gifs"or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use a Product or Service, the pages or other content you view or otherwise interact with on a Product or Service, and the dates and times that you visit, access, or use Ryze Tech Products and Services. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with other information about you.
• Device-Related and Flight-Related Information. When you use Ryze Tech Products and Services, you will provide us with information relating to (i) your Ryze Tech Product or Service, your non-Ryze Tech device on which the Ryze Tech Product or Service is used (including computers, phones, or other devices where you install or access Ryze Tech Products and Services), and your photos or videos that you upload using Ryze Tech Products and Services. This information may include: (i) information about your non-Ryze Tech device (including your device ID, hardware version, and operating system); (ii) information about your Ryze Tech device (including the model and serial number of your device); (iii) geolocation data relating to your non-Ryze Tech device and Ryze Tech device and any photo or video you submitted using Ryze Tech Products and Services; (iv) information about any photo or video recorded, including the name of the video file, the length of the video, EXIF data relating to the photo or video, and the photo or video data itself; (v) other technical information, including the IP address used by your non-Ryze Tech device and flight record data; and (vi) data associated with your Ryze Tech account. • Third Party Web Beacons and Third Party Buttons. We may display third-party content on or through Ryze Tech Products and Services, including third-party advertising. We also may enable you to connect your Ryze Tech account to, or otherwise interface with, third party services, including third party social networks and communications services. In addition, we may implement third party buttons (such as Facebook “like” or “share” buttons) that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by Ryze Tech. Information collected by a third party in this manner is subject to that third party’s own data collection, use, and disclosure policies.
• Information from Other Sources. We may obtain information from third parties and sources other than Ryze Tech Products and Services, such as our business partners, contractors, advertisers, and other third parties.
Uses of Collected Information
How We Use the Information We Collect
We use information we collect through Ryze Tech Products and Services in a variety of ways in providing the Ryze Tech Products and Services and operating our business, including the following:
• We use the information that we collect through Ryze Tech Products and Services to operate, maintain, enhance and provide features of the Ryze Tech Products and Services, to verify and manage Ryze Tech user accounts, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to by Ryze Tech. • We use the information that we collect through Ryze Tech Products and Services to understand and analyze the usage trends and preferences of our users, to improve the Ryze Tech Products and Services, and to develop new products, services, features, and functionality. • We may use your information to contact you for administrative, informational, and marketing (where you have consented) purposes. This may include providing customer service or sending communications, including updates on promotions and events, relating to products and services offered by us and by third parties we work with. We will ask for your consent to send you marketing communications. You may withdraw your consent at any time and we will no longer send you marketing communications. • We may use information we collect to: (i) personalize Ryze Tech Products and Services; (ii) provide customized advertisements, content, and information (where you have consented); (iii) monitor and analyze the effectiveness of Ryze Tech Products and Services and third-party marketing activities; (iv) monitor aggregate site usage metrics such as total number of visitors and pages viewed; and (v) review your entries, submissions, and status in any promotions or other activities involving Ryze Tech Products and Services (where you have consented).
Why We Are Entitled To Use Your Information
We are entitled to use your information in these ways because:
• we have legal and regulatory obligations that we have to discharge; • we may need to in order to establish, exercise or defend our legal rights or for the purpose of legal proceedings; or • the use of your personal data as described is necessary for our legitimate business interests (or the legitimate interests of one or more of our affiliates).
When We Disclose Information
We will not disclose your information that we collect through Ryze Tech Products and Services to third parties except as described in this Policy or as we disclose to you at the time the information is collected. We may disclose information to third parties in the following circumstances:
• We may share your information with our parent company, affiliates and subsidiaries globally in order to provide you with Ryze Tech product and services.
• Any information that you voluntarily choose to upload to a publicly accessible site or venue using Ryze Tech Products and Services, or that you elect to make public, will be available to anyone who has access to that content, including other users.
• We work with third party service providers to provide payment facilitation, parcel transportation, application development, hosting, maintenance, flight environment data, account verification, and other services for us. We require these service providers to use or disclose the information they process on our behalf only as necessary to perform services on our behalf or comply with legal requirements.
• We may preserve and disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with applicable laws, in response to a court order, judicial or other government subpoena, warrant or request, or to otherwise cooperate with law enforcement or other governmental agencies.
• We also reserve the right to preserve and disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of the Ryze Tech Products and Services and any facilities or equipment used to make the Ryze Tech Products and Services available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
• Ryze Tech uses a third party verification service provider to verify certain users of Ryze Tech Products and Services and Ryze Tech may disclose information to this service provider. The service provider may retain credential information provided as part of account verification for compliance and other purposes and may provide such information, as well as your user login ID or email address, to government authorities, law enforcement agencies, regulatory agencies and other duly authorized parties as may be required by or permitted under applicable laws. We require this service provider by contract to use or disclose the information they process on our behalf only as necessary to perform services on our behalf or comply with legal requirements.
• If you consent to our disclosure of information to a third party, such as business partners, or as otherwise authorized under applicable law.
• Information about our users, including information you provided and any information collected through Ryze Tech Products and Services, may be disclosed and otherwise communicated to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets.
• We may make certain aggregated, de-identified, or non-identifying information about users of Ryze Tech Products and Services available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; (iii) product safety analysis; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality of Ryze Tech Products and Services.
When We May Transfers Your Information Outside The European Economic Area
The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside of the EEA who work for our affiliates or for one of our suppliers.
Where we transfer your information outside the EEA, we will ensure that it is protected in a manner that is consistent with how your information will be protected by us in the EEA. This can be done in a number of ways, for instance:
• the country that we send the information to might be approved by the European Commission; • the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your information; or • where the recipient is located in the US, it might be a certified member of the EU-US Privacy Shield scheme.
In other circumstances the law may permit us to otherwise transfer your information outside the EEA. In all cases, however, we will ensure that any transfer of your personal data is compliant with data protection law.
You can obtain more details of the protection given to your information when it is transferred outside the EEA (including a copy of the standard data protection clauses which we have entered into with recipients of your personal data) by contacting us in accordance with the “Our Contact Information” section below.
Rights Regarding Collected Information
Your Rights and Choices you have regarding this information
Subject to applicable law, you may have the right to request access to and receive information about the information we maintain about you, update or correct inaccuracies in the information we maintain about you, and have the information blocked or deleted, as appropriate. Your right to access information we maintain about you may be limited under local law. You also have the right to object to the processing of your information or to withdraw your consent to our processing of information about you, including to the transfer of information to other countries.
Note, however, that if you exercise your right to object or your rights of blocking or deletion, if you decline to share certain information with us, or if you withdraw your consent to our processing of information about you, we may not be able to provide to you some, or any, of the features and functionality of Ryze Tech Products and Services.
Please note, however, that even if you have withdrawn your consent to our processing of your information, we may still be entitled to process your information if we have another legitimate reason (other than consent) for doing so and that there may be circumstances where you ask us to erase your information but we are legally entitled to retain it. You may also have a right to the right to request that we restrict our processing of your information in certain circumstances. Again, there may be circumstances where you ask us to restrict our processing of your information but we are legally entitled to refuse that request. In some circumstances, you may have the right to receive some of your information in a structured, commonly used and machine-readable format and/or request that we transmit that information to a third party where this is technically feasible. Please note that this right only applies to information which you have provided to us.
You also have the right to lodge a complaint with the data protection regulator if you think that any of your rights have been infringed by us.
If you receive commercial email or text messages from us, you may unsubscribe at any time by following the instructions contained within the email or text message. You may also opt out from receiving commercial email or text messages from us by sending your request to us by email at firstname.lastname@example.org.
Retention of Your Information
How long we hold your information for will vary. The retention period will be determined by various criteria including:
• the purpose for which we are using it – we will need to keep the information for as long as is necessary for that purpose; and • legal obligations – laws or regulation may set a minimum period for which we have to keep your information.
Ryze Tech Products and Services may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through Ryze Tech Products and Services. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through Ryze Tech Products and Services.
Ryze Tech Products and Services are not directed to children under the age of 16. We do not knowingly collect information from children under the age of 16 without obtaining parental consent.
We use certain physical, organizational, and technical safeguards that are designed to improve the integrity and security of information that we collect and maintain. Please be aware that no security measures are perfect or impenetrable and thus we cannot and do not guarantee that your information will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or organizational safeguards.
International Visitors and Users
Ryze Tech Products and Services may connect to servers hosted in the United States, China, and Hong Kong, where applicable. If you choose to use Ryze Tech Products and Services from the European Union or other regions of the world, then please note that you may be transferring your information outside of those regions for storage and processing. Also, we may transfer your data from the U.S., China, and Hong Kong to other countries or regions in connection with storage and processing of data, fulfilling your requests, and providing the services associated with Ryze Tech Products and Services. By providing your information on or through Ryze Tech Products or Services, you consent to such transfer, storage, and processing.
Policy Changes and Updates
Changes and Updates to this Policy
Please revisit this page periodically to stay aware of any changes to this Policy, which we may update from time to time. If we modify this Policy, we will make it available on or through the Ryze Tech Products and Services, and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. Your continued use of Ryze Tech Products and Services after the revised Policy has become effective indicates that you have read, understood and agreed to the current version of this Policy.
Our Contact Information
Please contact us with any questions or comments about this Policy or our data practices by email at email@example.com.
If you are located in the European Economic Area, the entity responsible for the collection, use, and processing of your information described in this Policy is DJI GmbH, located at Platz der Einheit 1, 60327 Frankfurt am Main, Germany. You may reach us at firstname.lastname@example.org.
What are Cookies?
When you use certain Ryze Tech Products and Services, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your device. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Service. Please review your web browser “Help"file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies, you may not be able to utilize the features of Ryze Tech Products and Services to their fullest potential. We may use third party cookies as well. For instance, we use Google Analytics to collect and process certain analytics data. Ryze Tech does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who use Ryze Tech Products and Services.
We may also automatically record certain information from your device by using various types of technology, including “clear gifs"or “web beacons” (together with cookies, “cookies and similar technologies”). This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use a Product or Service, the pages or other content you view or otherwise interact with on a Product or Service, and the dates and times that you visit, access, or use Ryze Tech Products and Services. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message. This information is gathered from all users, and may be connected with other information about you.
Cookies Used by Ryze Tech
We use different types of cookies as listed below. They help us to provide and improve our service, such as showing you the most relevant information and your customized webpage. Some or all of the cookies listed may be stored in your browser or devices.
Authentication These cookies and similar technologies will tell us when you log into our website, and allow us to show you appropriate and relevant information and features.
For example, these cookies and similar technologies will enable us to show you relevant social information when you are logged in and visiting other websites adopting Ryze Tech advertising plugin. We also use this information to understand how you use Ryze Tech Products and Services.
For example, when someone logs into your account from a browser or IP address different from the cookies record, you will get notified and will be able to deny such person’s access to your account. Also, these cookies and similar technologies will record requests for information from the Internet and block attacks such as attempts to steal your user content uploaded to Ryze Tech websites.
Localization These cookies and similar technologies help us provide localized experiences, such as showing the website content in your preferred language.
Features, Services These cookies and similar technologies help us deliver Products and Services.
For example, these cookies and similar technologies could pre-fill your user ID when you logging in, show your friends who are online, and store your preferences to provide you customized content and experiences, such as personalized suggestions.
Performance These cookies and similar technologies help us improve user experience.
For example, these cookies and similar technologies help us reallocate work load among our servers. Also, they store some information on your browser or device to enable our webpage to respond faster.
Analytics, Research These cookies and similar technologies help us understand your use of our Products and Services to improve them.
For example, we may use these cookies and similar technologies to understand how you engage with Ryze Tech Apps and websites to improve their features.
Cookies Use when You Use Mobile Devices
We may obtain or receive information about your device, our apps, or other apps. We may also use these technologies to store information on your device. For example, we may receive information about the make and model of your mobile device when you are asking others for help through our app.
Read of Particular Cookies
Browsers will send cookies for a particular domain (such as ryzerobotics.com) to the website each time a device with those cookies accesses content from that domain. This means if your device stores cookies for ryzerobotics.com, it will send those cookies to Ryze Tech when it accesses a webpage at ryzerobotics.com.
Cookie Use Without an Ryze Tech Account or After Your Logout
We still use cookie if you do not have a Ryze Tech account or have logged out your account. After your logout, we will use cookie to:
If you do not have Ryze Tech account and have visited ryzerobotics.com, we will use cookie to protect Ryze Tech Products and Services, and Ryze Tech customers from malicious activity such as denial-of-service attacks and mass creation of fake accounts.
Ryze Tech 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, “Ryze Tech Hardware”) and (ii) our software controlling the Ryze Tech Hardware (“Ryze Tech Software”) are not considered part of the Site. The terms and any warranties that apply to Ryze Tech Hardware and Ryze Tech Software are included with such Ryze Tech Hardware and Ryze Tech Software.
These Terms provide that all disputes between you and Ryze Tech 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 Ryze Tech.
You must be at least 16 years of age to access the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 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, you may be required register for a Ryze Tech account. When you register for a Ryze Tech 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 Ryze Tech account and password, and you accept responsibility for all activities that occur under your Ryze Tech 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 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.
4.2 Limited License Grant to Ryze Tech.
By posting or publishing User Content, you grant Ryze Tech 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 Ryze Tech 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 Ryze Tech, 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 Ryze Tech to violate any law or regulation.
4.5 User Content Disclaimer.
Ryze Tech 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. Ryze Tech 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 Ryze Tech 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, Ryze Tech 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: Attn: DMCA Notice Xiang Pan; Address: Shenzhen RYZE Tech Co., Ltd., 10th Floor, West Wing, Skyworth Semiconductor Design Building, No. 18 Gaoxin South 4th Ave, Nanshan District, Shenzhen 518057, China; Telephone +86-13924652921; Email: email@example.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. Ryze Tech will promptly terminate without notice the accounts of users that are determined by Ryze Tech 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. Ryze Tech reserves the right to review, remove, or disable access to User Content in violation of the applicable laws and regulations in China. Ryze Tech 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 Ryze Tech‘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 Ryze Tech 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 Ryze Tech 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, Ryze Tech’s (and any of its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Ryze Tech’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;
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, Ryze Tech may in its sole discretion terminate your Ryze Tech 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 Ryze Tech account at any time by contacting customer service at firstname.lastname@example.org.
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 Ryze Tech Store’s Terms of Sale, if available. 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 Ryze Tech. 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 Ryze Tech are protected by intellectual property and other laws. All Materials contained in the Site are the property of Ryze Tech and its third-party licensors. Except as expressly authorized by Ryze Tech, you may not make use of the Materials. Ryze Tech reserves all rights to the Materials not granted expressly in these Terms.
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 Ryze Tech (“Feedback”), then you hereby grant Ryze Tech 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.
You are responsible for your access to the Site. You will defend and indemnify Ryze Tech and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Ryze Tech 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 RYZE TECH 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 RYZE TECH 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 RYZE TECH 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, RYZE TECH DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT RYZE TECH IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
14. Limitation of Liability
IN NO EVENT WILL THE RYZE TECH 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 RYZE TECH ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 17.4(iii), THE AGGREGATE LIABILITY OF THE RYZE TECH 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 Ryze Tech 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.
17. Dispute Resolution and Arbitration
In the interest of resolving disputes between you and Ryze Tech in the most expedient and cost effective manner, you and Ryze Tech 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 RYZE TECH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
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.
Any arbitration between you and Ryze Tech 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 Ryze Tech.
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”). Ryze Tech’s address for Notice is: 10th Floor, West Wing, Skyworth Semiconductor Design Building, No.18 Gaoxin South 4th Ave, Nanshan District, Shenzhen 518057, China. 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 Ryze Tech may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Ryze Tech 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, Ryze Tech 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 Ryze Tech in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
If you commence arbitration in accordance with these Terms, Ryze Tech 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 Ryze Tech 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 RYZE TECH 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 Ryze Tech 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 Ryze Tech makes any future change to this arbitration provision, other than a change to Ryze Tech's address for Notice, you may reject the change by sending us written notice within 30 days of the change to Ryze Tech’s address for Notice, in which case your account with Ryze Tech will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
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
19. Contact Information
The Site is offered by SZ RYZE Tech Co., Ltd. and its affiliated companies, located at 10th Floor, West Wing, Skyworth Semiconductor Design Building, No.18 Gaoxin South 4th Ave, Nanshan District, Shenzhen 518057, China. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
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