(a) By using or visiting the ShareMyAircraft.com website or any ShareMyAircraft.com products, software, data feeds, information, forms and/or services provided to you on, from, or through the ShareMyAircraft.com website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) ShareMyAircraft.com's privacy notice, found at http://www.ShareMyAircraft.com/privacy and incorporated herein by reference, and (3) ShareMyAircraft.com's Guidelines, found at http://www.ShareMyAircraft.com/about and also incorporated herein by reference. If you do not agree to any of these terms, the ShareMyAircraft.com privacy notice, or the Community Guidelines, please do not use the Service.
(b) Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at http://www.ShareMyAircraft.com/terms. ShareMyAircraft.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
(a) These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes the text, software, scripts, graphics, photos, sounds, music, videos, forms, documents, agreements, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of ShareMyAircraft.com, including but not limited to all products, software and services offered via the ShareMyAircraft.com website, such as the ShareMyAircraft.com channels, the ShareMyAircraft.com "Embeddable Player," the ShareMyAircraft.com "Uploader" and other applications.
(b) The Service may contain links to third party websites that are not owned or controlled by ShareMyAircraft.com. ShareMyAircraft.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ShareMyAircraft.com will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve ShareMyAircraft.com from any and all liability arising from your use of any third-party website.
The Service is currently provided to you as a convenience and for your information only. By merely providing access to the Service, ShareMyAircraft.com does not represent or warrant that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) ShareMyAircraft.com has any obligation to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Service will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Service is or will be accurate or complete.
In order to access some features of the Service, you will have to create a ShareMyAircraft.com account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to exit from your account at the end of each session. You must notify ShareMyAircraft.com immediately of any breach of security or unauthorized use of your account.
Although ShareMyAircraft.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ShareMyAircraft.com or others due to such unauthorized use.
While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(a) ShareMyAircraft.com hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
(b) Prohibited commercial uses do not include:
(c) If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the ShareMyAircraft.com website.
(d) If you use the ShareMyAircraft.com Uploader, you agree that it may automatically download and install updates from time to time from ShareMyAircraft.com. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit ShareMyAircraft.com to deliver these to you) as part of your use of the Uploader.
(e) You agree not to use or launch any automated system, including, but not limited to, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the ShareMyAircraft.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ShareMyAircraft.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ShareMyAircraft.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
(f) In your use of the Service, you will comply with all applicable laws.
(g) ShareMyAircraft.com reserves the right to discontinue any aspect of the Service at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of our Content:
(a) The Content on the Service, and the trademarks, service marks and logos (collectively, "Marks") on the Service, are owned by or licensed to ShareMyAircraft.com, subject to copyright and other intellectual property rights under the law.
(b) The Content is provided to you "AS IS", "AS AVAILABLE". You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" or similar link displayed by ShareMyAircraft.com on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of ShareMyAircraft.com or the respective licensors of the Content. ShareMyAircraft.com and its licensors reserve all rights not expressly granted in and to the Service and the Content. At any time, ShareMyAircraft.com may, without further notice, make changes to the Service, without prior notice to you.
(c) You agree not to circumvent, disable or otherwise interfere with any security-related features of the Service or any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
(d) You understand that, when using the Service, you will be exposed to Content from a variety of sources, and that ShareMyAircraft.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ShareMyAircraft.com with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless ShareMyAircraft.com, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of, or inability to use, the Service.
(a) As a ShareMyAircraft.com account holder, you may submit Content to the Service, including videos and user comments. You understand that ShareMyAircraft.com does not guarantee any confidentiality with respect to any Content that you submit.
(b) You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish any Content that you submit. You license to ShareMyAircraft.com all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
(c) For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to ShareMyAircraft.com, you hereby grant ShareMyAircraft.com a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and ShareMyAircraft.com's (and its successors' and affiliates') business, including, but not limited to, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, whether now known or hereafter discovered or developed. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you with respect to any video Content that you submit to the Service automatically terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that ShareMyAircraft.com may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
(d) You further agree that any Content that you submit to the Service will not contain any third party copyrighted material, or any material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ShareMyAircraft.com all of the license rights granted herein.
(e) You further agree that you will not submit to the Service any Content or other material that is contrary to the ShareMyAircraft.com Community Guidelines, found at http://www.ShareMyAircraft.com/guidelines which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
(f) ShareMyAircraft.com does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and ShareMyAircraft.com expressly disclaims any and all liability in connection with Content. ShareMyAircraft.com does not permit copyright infringing activities and infringement of intellectual property rights on or through the Service, and ShareMyAircraft.com will remove all Content if properly notified that such Content infringes on another's intellectual property rights. ShareMyAircraft.com reserves the right to remove Content without prior notice.
(g) ShareMyAircraft.com seeks Content that demonstrates behaviors or patterns of behaviors of individuals or entities. It is not our intent to present Content in a manner that intentionally presents information or statements out of context. You agree to use reasonable judgment when submitting Content to ensure that the Content complies with this intention.
ShareMyAircraft.com may offer various legal forms on or through the Service (each, a "Legal Form"). If you obtain one or more Legal Forms from ShareMyAircraft.com, then the following terms apply to you:
(a) License. ShareMyAircraft.com grants you a limited, nonexclusive, nontransferable worldwide right and license to use the Legal Form(s) that you obtain on or through the Service. This license allows you to access, download, use, and edit the Legal Form(s) you obtain for your personal use. You may not: (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make available to any third party any such Legal Form; or (ii) modify, copy, reproduce, reverse engineer, or make derivative works based on, referring to, or exploiting any Legal Form(s) or their source code, except for modifications to the forms for your personal use. All rights not expressly granted to you are reserved by ShareMyAircraft.com and its licensors.
(b) No Guarantee. ShareMyAircraft.com does not promise or guarantee that any Legal Form provided on or through the Service is suitable for any particular purpose, or that any such Legal Form is accurate, reliable, complete, timely or enforceable in your jurisdiction.
(c) Disclaimer. You understand and agree that ShareMyAircraft.com is not a law firm or an attorney, may not perform services performed by an attorney, and its Legal Forms are not a substitute for the advice or services of an attorney. Any Legal Form(s) obtained from ShareMyAircraft.com do not, and are not intended to, constitute legal advice, nor are they intended as a source of advertising or solicitation. Your use of the Service or any of our Legal Forms does not create or constitute an attorney-client relationship. You should not consider these materials to be an invitation for an attorney-client relationship, you should not rely on any information or Legal Forms obtained on or through the Service without first obtaining separate legal advice, and you should always seek the advice of competent legal counsel in your own jurisdiction. The Service should not be viewed as an offer to perform legal services for you. DO NOT send ShareMyAircraft.com any information concerning your legal situation.
(a) ShareMyAircraft.com will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
(b) ShareMyAircraft.com reserves the right to decide whether any Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. ShareMyAircraft.com may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
(a) If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further details):
(b) ShareMyAircraft.com's designated Copyright Agent to receive notifications of claimed infringement is Neil Bhatia, who can be reached as follows:
By mail: _Neil Bhatia, _____________________
By email: Neil@ShareMyAircraft.com
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to ShareMyAircraft.com customer service, at _______________@ShareMyAircraft.com. You acknowledge that, if you fail to comply with all of the requirements of Section 10(a), your DMCA notice may not be valid.
(c) Counter-Notice. If youeil believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send the Copyright Agent a counter-notice containing the following information:
(d) If a counter-notice is received by the Copyright Agent, ShareMyAircraft.com will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter-notice, in ShareMyAircraft.com's sole discretion.
YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SHAREMYAIRCRAFT.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. SHAREMYAIRCRAFT.COM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN ANY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF (OR INABILITY TO USE) ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. SHAREMYAIRCRAFT.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURES OFFERED IN OR THROUGH ANY BANNER OR OTHER ADVERTISING. SHAREMYAIRCRAFT.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
(a) IN NO EVENT SHALL SHAREMYAIRCRAFT.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN ANY CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF (OR INABILITY TO USE) THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF (OR INABILITY TO USE) ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHAREMYAIRCRAFT.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
(b) YOU SPECIFICALLY ACKNOWLEDGE THAT SHAREMYAIRCRAFT.COM SHALL NOT BE LIABLE FOR ANY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(c) The Service is controlled and offered by ShareMyAircraft.com from its facilities in the United States of America. ShareMyAircraft.com makes no representations that the Service is appropriate or available for use in other locations or jurisdictions. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ShareMyAircraft.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including, but not limited to, any copyright, property, or privacy right; or (iv) any claim that your Content caused damage or injury to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
Content that ShareMyAircraft.com makes available on or through the Service may contain references or cross-references to products, programs or services of ShareMyAircraft.com, its partners, subsidiaries or affiliates, that are not necessarily announced or available in your area. These references do not mean that ShareMyAircraft.com, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact ShareMyAircraft.com for information regarding the products, programs and services that may be available to you, if any.
ShareMyAircraft.com makes no representation that the Service, or any Content or information available on or through the Service, is appropriate or available for use in jurisdictions outside the United States. Access to the Service from jurisdictions where such access is illegal is prohibited. If you choose to access the Service from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. ShareMyAircraft.com is not responsible for any violation of law. You may not use the Service, or use or export any Content or information, in violation of U.S. export laws and regulations. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
Neither these Terms of Service, your account nor any rights or licenses granted hereunder may be transferred or assigned by you, but may be assigned by ShareMyAircraft.com without restriction.
You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over ShareMyAircraft.com, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and ShareMyAircraft.com that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in New York City, New York. These Terms of Service, together with the Privacy Notice at http://www.ShareMyAircraft.com/privacy and any other legal notices published by ShareMyAircraft.com on the Service, shall constitute the entire agreement between you and ShareMyAircraft.com concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ShareMyAircraft.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ShareMyAircraft.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of the revised terms. YOU AND SHAREMYAIRCRAFT.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.