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IMPORTANT
INFORMATION: You should carefully read the following terms and
conditions. Your purchase or use of our service implies that you have
read and accepted these terms and conditions.
GENERAL RULES AND DEFINITIONS
1. If you choose to use Airsports.tv web service (the "Service"), you
will be agreeing to abide by all of the terms and conditions of this
Agreement between you and Airsports.tv, an Internet service of Flying
Aces Limited (the "Service").
2. Airsports.tv may change, add or remove portions of this Agreement at
any time, but if it does so, it will post such changes on the
Airsports.tv website.
3. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU,
YOU MAY CANCEL YOUR SUBSCRIPTION BY SENDING E-MAIL TO:
support@airsports.tv YOUR CONTINUED USE
OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN
THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES,
CHANGES, OR MODIFICATIONS.
4. Airsports.tv may change, suspend or discontinue any aspect of the
Service at any time, including the availability of any Service feature,
database, or content. Airsports.tv may also impose limits on certain
features and services or restrict your access to parts or all of the
Service without notice or liability.
AIRSPORTS.TV CONTENT AND SUBSCRIBER SUBMISSIONS
1. The contents of the Airsports.tv Internet service are intended for
your personal, noncommercial use. All materials published on
Airsports.tv (including, but not limited to news articles, photographs,
images, illustrations, audio clips and video clips, also known as the
"Content") are protected by copyright, and owned or controlled by Flying
Aces Limited, or the party credited as the provider of the Content. You
shall abide by all additional copyright notices, information, or
restrictions contained in any Content accessed through the Service.
2. The Service and its Contents are protected by copyright pursuant to
U.K. and international copyright laws. You may not modify, publish,
transmit, participate in the transfer or sale of, reproduce, create new
works from, distribute, perform, display, or in any way exploit, any of
the Content or the Service (including software) in whole or in part.
3. You may download or copy the Content and other downloadable items
displayed on the Service for personal use only, provided that you
maintain all copyright and other notices contained therein. Copying or
storing of any Content for other than personal use is expressly
prohibited without prior written permission from Airsports.tv Legal
Department, or the copyright holder identified in the copyright notice
contained in the Content.
ACCESS AND AVAILABILITY OF SERVICE AND LINKS
1. Airsports.tv contains links to other related World Wide Web Internet
sites, resources, and sponsors of Airsports.tv. Since Airsports.tv is
not responsible for the availability of these outside resources, or
their contents, you should direct any concerns regarding any external
link to the site administrator or Webmaster of such site.
LINKING TO AIRSPORTS.TV
You may link to our home page (www.airsports.tv), provided you do so in
a way that is fair and legal and does not damage our reputation or take
advantage of it, but you must not establish a link in such a way as to
suggest any form of association, approval or endorsement on our part
where none exists.
You must not establish a link from any website that is not owned by you.
The Site must not be framed on any other site. We reserve the right to
withdraw linking permission without notice.
DEALING WITH MECRAHNTS; LINKS FROM AIRSPORTS.TV
Airsports.tv contains advertisements, offers, or other links to other
websites and resources of third parties that we do not control. That
information, as well as advertisements, may or may not be or remain
wholly accurate. You acknowledge and agree that, subject to the terms
set out under the heading Our Liability below, we are not responsible or
liable for (i) the availability or accuracy of such sites or resources;
or (ii) the content, advertising, or products or services on or
available from such sites or resources. The inclusion of any link on
Airsports.tv does not imply that we endorse the linked site. You use the
links at your own risk. Our Privacy Policy is applicable only when you
are on Airsports.tv website. Once you choose to link to another website,
you should read and understand that website's privacy statement before
disclosing any personal information.
Your correspondence or business dealings with, or participation in
promotions of, third party merchants or advertisers that are found on or
through Airsports.tv or which provide links on Airsports.tv, including,
for example, "click to purchase" and other similar programs, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such merchant or advertiser. You agree to
waive any claim against Airsports.tv and agree to hold Airsports.tv
harmless from any loss or damage of any kind incurred as the result of
any such dealings or as the result of the presence of such merchants or
advertisers on Airsports.tv.
AIRSPORTS.TV
LIABILITY
To the extent permitted by law (and other than liability in respect of
death or personal injury caused by negligence or in respect of
fraudulent misrepresentation which we do not limit or exclude):
1. The Service is provided "as is" and on an "as available" basis,
without warranties, conditions, or representations of any kind, either
express or implied, and we (and any third party providing materials)
hereby disclaim any express or implied warranties, conditions, or
representations of title, merchantability, fitness for a particular
purpose, non-infringement of third party rights, completeness, accuracy
or timeliness of the information or freedom from computer viruses,
worms, trojans or any other similar code;
2. Airsports.tv (and any third party providing materials) exclude any
liability for any direct, indirect or consequential loss or damage
incurred by any User in connection with Airsports.tv or in connection
with the use, inability to use, or results of the use of the Service,
any other sites linked to Airsports.tv and any materials posted on it,
whether arising in contract, tort (including negligence), breach of
statutory duty or otherwise, and including any direct, indirect or
consequential loss of income, revenue, profit, contracts, anticipated
savings, data or good will; and
3. To the extent that any such liability cannot be excluded, then to the
extent permitted by law, our (and any third parties providing materials)
joint maximum liability to a user will be limited to a total of
GB:100.00.
Subject to the terms set out above, we will not be liable for any loss
or damage caused by a distributed denial-of-service attack, viruses or
other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to
your use of Airsports.tv or to your downloading of any material posted
on it, or on any website linked to it.
REPRESENTATIONS AND WARRANTIES
1. You represent, warrant and covenant
(a) that no materials of any
kind submitted through your account will (i) violate, plagiarize, or
infringe upon the rights of any third party, including copyright,
trademark, privacy or other personal or proprietary rights; or (ii)
contain libelous or otherwise unlawful material; and
(b) that you are
at least thirteen years old. You hereby indemnify, defend and hold
harmless Airsports.tv, and all officers, directors, owners, agents,
information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") from and against any and all
liability and costs, including, without limitation, reasonable
attorneys' fees and expenses, suffered or incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you or
any user of your account of this Agreement or the foregoing
representations, warranties and covenants. You shall cooperate as fully
as reasonably required in the defense of any such claim. Airsports.tv
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter subject to indemnification by you.
2. Airsports.tv do not represent or endorse the accuracy or reliability
of any advice, opinion, statement, or other information displayed,
uploaded, or distributed through the Service by any user, information
provider or any other person or entity. You acknowledge that any
reliance upon any such opinion, advice, statement, memorandum, or
information shall be at your sole risk. THE SERVICE AND ALL DOWNLOADABLE
SOFTWARE ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE
IS AT YOUR SOLE RISK.
REGISTRATION AND SECURITY
1. As part of the registration process, you need to give us certain
information, all of which must be accurate and updated.
(a) You may not (i) select or use a subscriber ID of another person with
the intent to impersonate that person; (ii) use a subscriber ID in which
another person has rights without such person's authorization; or (iii)
use a subscriber ID that Airsports.tv, in its sole discretion, deems
offensive. Failure to comply with the foregoing shall constitute a
breach of this Agreement, which may result in immediate termination of
your account.
(b) You shall be responsible for maintaining the confidentiality of your
password, which you will not have to reveal to any representative or
agent of Airsports.tv
2. (a) You shall notify
support@airsports.tv of any known
or suspected unauthorized use(s) of your account, or any known or
suspected breach of security, including loss, theft, or unauthorized
disclosure of your password or credit card information.
3. You must be 13 years or older to subscribe to the Service; however,
persons of all ages may use it.
4. You are responsible for all usage or activity on your Airsports.tv
account, including use of the account by any third party authorized by
you to use your subscriber ID and password. Any fraudulent, abusive, or
otherwise illegal activity may be grounds for termination of your
account, at Airsports.tv's sole discretion, and Airsports.tv may refer
you to appropriate law enforcement agencies.
COMMUNICATIONS BETWEEN AIRSPORTS.TV AND SUBSCRIBERS
1. Airsports.tv reserves the right to send electronic mail to you for
the purpose of informing you of changes or additions to the Service.
2. Airsports.tv reserves the right to disclose information about your
usage and demographics, provided that it will not reveal your personal
identity in connection with the disclosure of such information. For more
information please read the Privacy Policy of Airsports.tv.
3. Airsports.tv may contact you via email regarding your participation
in user surveys, asking for feedback on the website and existing or
prospective products and services. This information will be used to
improve our website and better understand our users, and any information
we obtain in such surveys will not be shared with third parties.
TERMINATION
1. You may terminate your account at any time by sending email to:
support@airsports.tv.
Upon termination, you will receive an automated confirmation via email
that the request was received, and your access will be suspended within
24 hours. You are responsible for all charges incurred up to the time
the account is deactivated.
2. Airsports.tv may, in its sole discretion, terminate or suspend your
access to all or part of the Service for any reason, including, without
limitation, breach or assignment of this Agreement.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim
arising from, or related to, a visit to Airsports.tv although we retain
the right to bring proceedings against you for breach of these
conditions in your country of residence or any other relevant country.
These Terms of Use are governed by English law. |
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