SkyStage Terms and Conditions

1. Introduction

Welcome to skystage.com ("the Website"). By accessing or using our Website, you agree to comply with and be bound by the following terms and conditions of this User Agreement ("Agreement"). Please read this Agreement carefully before purchasing SkyStage Credits, booking drone shows, or obtaining licenses for performing drone show designs.

2. Definitions

"Website" refers to skystage.com and all related services and content.

"Drone Show Design" refers to any pre-designed or custom drone light show available for purchase or booking on the Website, including both Formation Designs and Full Show Designs.

"Formation Design" refers to an individual arrangement of drones that can be used as part of a larger show or performed independently.

"Full Show Design" refers to a collection of Formation Designs arranged and choreographed to create a complete drone light show.

"Single-Use License" refers to the license granted to the User to perform the purchased Drone Show Design one time at a specific event or venue.

"User" refers to any individual or entity that accesses the Website and/or purchases SkyStage Credits, books a drone show, or obtains a Single-Use License.

"Perform" refers to the public display or execution of a Drone Show Design.

"SkyStage Credits" refers to the virtual currency used on the Website to purchase Drone Show Designs and obtain Single-Use Licenses.

"Show Purchaser" refers to any User who books a drone show through the Website.

"Show Operator" refers to an individual or entity providing drone show services via the Website.

"Artist" refers to a creator or designer of Drone Show Designs available on the Website.

"Perpetual Use License" refers to the license granted to the User to perform the purchased Drone Show Design multiple times without any time limitation.

“Public Library” refers to a collection of content shared by Users and visible to all SkyStage users.

“Private Library” refers to content uploaded by a User and accessible only to them.

“Team Library” refers to content shared within a defined group of Users for collaboration purposes.

3. SkyStage Credit System

3.1 Nature of SkyStage Credits: SkyStage Credits are a virtual currency that can only be used on the Website to purchase Drone Show Designs, obtain Single-Use Licenses, or contribute toward booking a drone show. SkyStage Credits have no cash value and cannot be exchanged for cash or other currencies.

3.2 Purchasing Credits: Users can purchase SkyStage Credits through the Website using accepted payment methods. The price of SkyStage Credits may vary based on market demand and other factors determined by SkyStage Inc. ("SkyStage").

3.3 Using Credits: SkyStage Credits can be redeemed to download Drone Show Designs, obtain a Single-Use License, or partially cover the cost of booking a drone show. The number of SkyStage Credits required for each design or booking will be clearly displayed before purchase.

3.4 Credit Validity: SkyStage Credits do not expire and will remain valid as long as the User's account is active and in good standing.

3.5 Non-transferability: SkyStage Credits are non-transferable and can only be used by the account holder who purchased them. Credits cannot be gifted, traded, or sold to other users.

3.6 Refunds and Cancellations:

• a) All sales of SkyStage Credits are FINAL AND NON-REFUNDABLE, except where required by applicable law.
• b) SkyStage reserves the right to investigate and address on a case-by-case basis any requests related to unauthorized purchases.
• c) If a User's account is terminated due to violations of this Agreement, any unused SkyStage Credits in the account will be forfeited without compensation.

4. License Grant

Upon redeeming SkyStage Credits for a Drone Show Design from SkyStage via the Website, the User is granted a non-exclusive, non-transferable, and revocable Single-Use License. This license permits the User to perform the purchased Drone Show Design one time at a specific event or venue as specified at the time of credit redemption. This license is similar in nature to a public performance license for displaying a movie in a public venue and is subject to the following terms:

4.1 Scope of Use: The Single-Use License is strictly limited to one performance of the Drone Show Design at the specific location, date, and time detailed at booking. Any changes to the event's location, date, or time will require the purchase of an additional license or explicit permission from the SkyStage team.

4.2 Exclusivity: This license does not grant the User any exclusive rights to the Drone Show Design. SkyStage retains all ownership and intellectual property rights to the design, and the User does not have the right to sublicense, distribute, or resell the design in any form.

4.3 Modifications and Derivative Works: The User may not modify, alter, or create derivative works from the Drone Show Design without prior written consent from SkyStage. Any unauthorized modifications will be considered a breach of this agreement and may result in the termination of the license.

4.4 Definition of Public Performance: For the purposes of this Agreement, a public performance is defined as the presentation of the Drone Show Design in any place where any number of people outside of the show operator's employ are gathered. This includes, but is not limited to, performances at public venues, parks, schools, community centers, and any other location where the general public or a large group of people are invited or permitted to attend. Any such performance requires a Single-Use License, regardless of whether admission fees are charged or not.

4.5 Compliance with Laws: The User is responsible for ensuring that the performance of the Drone Show Design complies with all local, state, and federal laws, including but not limited to obtaining necessary permits or approvals from relevant authorities.

4.6 No Transfer of Rights: The Single-Use License is specific to the User and the event for which it was purchased. It cannot be transferred, assigned, or sublicensed to another party or for another event.

4.7 Public Library Content: Content shared by Users in the Public Library is subject to the usage terms outlined in Section 14, including SkyStage’s rights to use such content for marketing and promotional purposes.

4A. Safety and Operational Responsibility

4A.1 Operational Responsibility: The User, as the drone show operator and/or Pilot in Command, assumes full and complete responsibility for the safe execution of the Drone Show Design. This includes, but is not limited to:

• a) Ensuring compliance with all applicable aviation regulations, including FAA regulations, local airspace restrictions, and any other relevant regulatory requirements
• b) Proper configuration, maintenance, and operation of all drone equipment
• c) Verification that the selected drone equipment is compatible with and capable of safely executing the Drone Show Design
• d) Implementation of appropriate safety protocols, including but not limited to pre-flight checks, weather assessment, and emergency procedures
• e) Ensuring all operators and pilots have required certifications, licenses, and qualifications

4B. Marketplace and Booking Process

4B.1 Marketplace Overview: The Website provides a marketplace that connects Show Purchasers, Show Operators, and Artists. Show Purchasers can interact with Show Operators to get a quote for a drone show, book the performance, and collaborate on the design of the show.

4B.2 Booking Process and Payment Terms:

• a) To book a drone show, the Show Purchaser must pay an initial deposit of 50% of the total cost (including SkyStage's 20% service fee) at the time of booking.
• b) Final Payment: The remaining balance must be paid in full no later than two (2) weeks before the scheduled show date.
• c) Funds Holding: All funds paid by the Show Purchaser will be held by SkyStage until the successful completion of the drone show. Once the show is completed, SkyStage will release the funds to the Show Operator, minus any applicable fees.

4B.3 SkyStage Service Fee: SkyStage will retain a 20% service fee from the total sale price of the drone show as compensation for facilitating the transaction and providing the marketplace platform. The remaining 80% will be transferred to the Show Operator upon successful completion of the show.

4B.4 Cancellations and Refunds:

• a) Cancellation by Show Purchaser: If the Show Purchaser cancels the booking, the initial deposit of 50% is non-refundable, except where required by applicable law.
• b) Cancellation by Show Operator: If the Show Operator cancels the booking, the Show Purchaser will receive a full refund of all amounts paid.
• c) SkyStage reserves the right to cancel bookings in the event of violations of this Agreement, and any refunds will be determined at the sole discretion of SkyStage.

4C. Artist Role and Perpetual Use License

4C.1 Artist Upload and Sales: Users who sign up for an Artist role may upload their own Drone Show Designs, including both Formation Designs and Full Show Designs, to the Website and sell them to other Users.

4C.2 Perpetual Use License: When a User purchases a Drone Show Design from an Artist, they are granted a Perpetual Use License, which allows them to perform the purchased Drone Show Design multiple times without any time limitation.

4C.3 Artist Pricing: Artists may set their own prices for their Drone Show Designs. SkyStage will retain a 20% service fee from each sale as compensation for providing the marketplace platform and transaction facilitation. The remaining 80% will be transferred to the Artist.

4C.4 Compliance: Users who purchase Drone Show Designs from Artists are subject to all applicable terms of this Agreement, including compliance with local, state, and federal laws, as well as safety and operational responsibilities as detailed in Section 4A.

5. License Restrictions

The User agrees to the following restrictions:

5.1 No Resale or Redistribution: The User may not resell, distribute, or otherwise transfer the Drone Show Design, Formation Design, or the Single-Use License to any third party.

5.2 No Modifications: The User may not modify, adapt, or create derivative works from the Drone Show Design or Formation Design without prior written consent from SkyStage.

5.3 Limited Use: The User may only perform the Drone Show Design once at the specified event or venue for Single-Use Licenses. Any additional performances require the purchase of additional licenses. For Perpetual Use Licenses, the User may perform the Drone Show Design multiple times without time limitation.

5.4 Compliance with Laws: The User must comply with all applicable laws, regulations, and ordinances related to the performance of the Drone Show Design, including obtaining any necessary permits or approvals.

5.5 Safety Compliance: The User must comply with all safety requirements and operational responsibilities as detailed in Section 4A (Safety and Operational Responsibility).

6. Intellectual Property Rights

All Drone Show Designs, including any associated software, media, and documentation, are the intellectual property of SkyStage or its licensors. The purchase of a Single-Use License or Perpetual Use License does not transfer any ownership rights to the User. The User is granted only the limited rights specified in this Agreement.

7. Termination

SkyStage reserves the right to terminate this Agreement, revoke any licenses, and/or forfeit any unused SkyStage Credits if the User violates any of the terms of this Agreement. Upon termination, the User must immediately cease all use of the Drone Show Design and destroy any copies in their possession.

8. Copyright Protections

The User acknowledges that the Drone Show Design, as a form of dramatic work, is protected under the Federal Copyright Act, Title 17 of the U.S. Code. This protection grants SkyStage exclusive rights to authorize or prohibit the public performance of the Drone Show Design. Any public performance of the Drone Show Design without a valid license constitutes copyright infringement and may result in legal action, including but not limited to civil penalties and fines. The User agrees to respect all applicable copyright laws and to obtain the necessary licenses before publicly performing the Drone Show Design. SkyStage reserves the right to enforce these protections and to take appropriate legal action in the event of unauthorized use.

9. Prohibited Conduct and Unauthorized Use

SkyStage is committed to protecting its intellectual property and ensuring that the integrity of its Website is maintained. As a condition of your use of the Website, you agree not to engage in the following prohibited activities:

9.1 Circumventing Purchase Mechanisms: User shall not attempt to bypass, disable, or otherwise circumvent any content protection mechanisms, purchase requirements, or digital rights management (DRM) technologies used on the Website to protect the Drone Show Designs or other content available for sale.

9.2 Scraping and Data Extraction: User agrees not to use any automated systems, software, or techniques—such as robots, spiders, scrapers, or offline readers—to access, acquire, copy, or monitor any portion of the Website or its content without prior written permission from SkyStage. This includes any data mining, extraction, or harvesting of content for any unauthorized purposes.

9.3 Copying and Distribution: User shall not copy, reproduce, distribute, publicly display, or create derivative works from any content on the Website without obtaining a valid license or express written consent from SkyStage. Unauthorized copying or distribution of the Drone Show Designs or any other proprietary content is strictly prohibited.

9.4 Interference with Website Operations: User agrees not to interfere with, disrupt, or attempt to gain unauthorized access to any portion of the Website, its servers, or related services. This includes attempting to breach security or authentication measures, accessing data not intended for the User, or introducing harmful software such as viruses, malware, or other disruptive elements.

9.5 Misuse of Intellectual Property: All content on the Website, including but not limited to Drone Show Designs, graphics, logos, and text, is the intellectual property of SkyStage or its licensors. Unauthorized use, reproduction, or distribution of this content without a valid license is prohibited and may result in legal action.

9.6 Credit System Abuse: Users agree not to engage in any activities that abuse the credit system or attempt to circumvent the purchase and licensing processes. This includes, but is not limited to:

• a) Attempting to create or use fraudulent credits
• b) Sharing or transferring credits between accounts
• c) Using automated systems to purchase or redeem credits
• d) Exploiting any bugs or glitches in the credit system

10. Enforcement and Remedies

SkyStage reserves the right to take all necessary actions to enforce these terms, including:

10.1 Termination of Access: Immediate termination of the User’s access to the Website and any associated accounts if the User engages in prohibited conduct.

10.2 Legal Action: Initiating legal proceedings against individuals or entities that engage in unauthorized use or infringement of SkyStage's intellectual property rights. This may include seeking damages, injunctive relief, or other appropriate remedies under the law.

10.3 Monitoring and Reporting: SkyStage reserves the right to monitor usage of the Website to detect and prevent unauthorized activities. Any detected violations may be reported to appropriate authorities and result in legal consequences.

10.4 Misuse of Content Libraries: SkyStage reserves the right to remove or restrict access to content that violates intellectual property laws or the terms of this Agreement. This includes inappropriate uploads to the Public, Private, or Team Libraries.

11. Reporting Violations

If you become aware of any unauthorized use of the Website or its content, you agree to promptly report such violations to SkyStage at legal@skystage.com.

12. Limitation of Liability

To the fullest extent permitted by law, SkyStage shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or related to the performance or inability to perform the Drone Show Design, even if SkyStage has been advised of the possibility of such damages. This limitation of liability applies in addition to the specific operational liability disclaimers detailed in Section 4A.3. The User acknowledges that SkyStage's total liability related to any Drone Show Design, whether arising under Section 4A or otherwise, shall be limited to the amount paid by the User for the specific Single-Use License at issue.

13. Indemnification

The User agrees to indemnify, defend, and hold harmless SkyStage and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) the User's use of the Drone Show Design; (ii) violation of this Agreement; (iii) any operational incidents or claims as detailed in Section 4A.5; or (iv) intellectual property or copyright infringement claims related to content the User uploads to SkyStage.

14. Public Library Content Usage

14.1 Marketing and Advertising: SkyStage may use content shared publicly by Users in the SkyStage Public Library for marketing purposes. This includes sharing such content on social media platforms, displaying it on SkyStage marketing pages, or incorporating it into advertising campaigns.

14.2 Public Use in Drone Shows: Content shared in the Public Library may be freely used by SkyStage for inclusion in drone shows, modifications of existing designs (including resizing, recoloring, or restructuring of formations), or integration into customer-purchased files. Other platform users may only use Public Library content as allowed under the Single-Use License terms unless additional permissions are granted by SkyStage.

14.3 No Attribution or Fees: SkyStage is not required to attribute the creator or pay any fees for the use, modification, or flying of designs shared in the Public Library. Other Users must comply with the Single-Use License terms, including attribution and fees, where applicable.

14.4 Private and Team Libraries: Content uploaded to Private Libraries or Team Libraries will not be used for marketing, operational, or public purposes without explicit permission from the User.

14.5 User Responsibility: By sharing content in the SkyStage Public Library, the User grants SkyStage a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute the content for both operational and marketing purposes, with all other Users limited to Single-Use License terms.

15. User Responsibilities

15.1 Content Ownership and Permissions: Users uploading content to SkyStage confirm that they have all necessary rights and permissions to upload and share the content. For Public Library content, Users confirm that SkyStage can use the content as outlined in Section 14.

15.2 Appropriate Use of Libraries: Users are responsible for correctly categorizing their content (Public, Private, or Team Libraries). Content uploaded to the Public Library will be publicly accessible and subject to marketing use by SkyStage.

15.3 Compliance with Laws: Users must ensure their content complies with all applicable laws, including copyright and intellectual property laws.

16. Governing Law and Arbitration

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement, including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Location: The arbitration shall be conducted in the State of Delaware.

Language: The arbitration shall be conducted in English.

Final and Binding: The decision of the arbitrator(s) shall be final and binding on all parties. Judgment upon the award may be entered in any court of competent jurisdiction.

Costs: The parties agree to share equally the administrative fees of the arbitration, but each party shall bear its own legal fees unless otherwise awarded by the arbitrator(s).

Exclusions: Notwithstanding the above, SkyStage may seek injunctive or equitable relief in a court of competent jurisdiction in Delaware to protect its intellectual property rights or prevent unauthorized use of its content.

Class Action Waiver: The User and SkyStage agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither the User nor SkyStage will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.

17. Amendments

SkyStage reserves the right to modify or amend this Agreement at any time. Any changes will be effective upon posting on the Website. The User's continued use of the Website and any purchased Drone Show Designs after such changes constitutes acceptance of the new terms. The User acknowledges that safety requirements and operational responsibilities under Section 4A remain in effect for any previously purchased Single-Use License, regardless of subsequent amendments to this Agreement.

18. Intellectual Property Rights

18.1 User Content: Users retain ownership of the content they upload to SkyStage, except as specifically provided in this Agreement.

18.2 License for Public Library Content: By uploading content to the Public Library, Users grant SkyStage a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, distribute, and incorporate that content into drone shows, designs, or customer-purchased files without attribution or fees. Other Users may use Public Library content only under the terms of the Single-Use License.

18.3 Private and Team Libraries: Content uploaded to Private or Team Libraries remains solely under the control of the uploader or the team, and SkyStage will not use this content without explicit permission.

19. Entire Agreement

This Agreement constitutes the entire agreement between the User and SkyStage regarding the subject matter hereof and supersedes all prior agreements, understandings, or representations.

By purchasing SkyStage Credits and/or redeeming them for a Single-Use License for any Drone Show Design on SkyStage, the User acknowledges that they have read, understood, and agreed to be bound by the terms and conditions of this Agreement.

20. Contact Information

If you have any questions, concerns, or notices regarding intellectual property claims or inquiries under the DMCA (Digital Millennium Copyright Act), please contact SkyStage’s designated agent at legal@skystage.com.

21. Content Moderation

You can’t upload explicit content and we can take down anything we want.