Effective as of September 19, 2013
ONLINE PRIVACY NOTICE
TRADEMARKS AND COPYRIGHTS
This Website and materials incorporated on this Website (including, without limitation, articles, text, directories, guides, photographs, illustrations, images, designs, icons, video and audio clips [including, without limitation, trailers, television spots and any and all audio visual materials] and advertising copy, domain names and any and all copyrightable material [including source and object code] and/or any other form of intellectual property) ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights and other intellectual property and non-intellectual property laws and by international treaties ("Copyrights"). Some of the characters, logos, icons, domain names or other images incorporated by the Company on this Website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by the Company or others ("Trademarks").
YOUR USE OF MATERIALS
You may access and display Material and all other content displayed on this Website for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Website may not otherwise be copied, captured, reproduced, republished, uploaded, streamed, posted, transmitted, distributed, performed, publicly displayed, transferred, sold, licensed, modified, edited, framed, exploited, used to create derivative works or used in whole or in part in any way unless specifically authorized in writing by the Company. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
YOUR SUBMISSION OF MATERIALS
You acknowledge and agree that you are responsible for all Materials submitted and consequences resulting from posting of those Materials to the Website. You hereby present and warrant to the Company: All Materials shall be free and clear of all counts of plagiarism, breach of privacy, or misrepresentation of fact; the Materials do not infringe upon or violate any copyright or proprietary right, common law or statutory law and does not contain any material of a libelous nature; you are either the sole owner and copyright holder of the Materials or you otherwise have rights and authority and are legally permitted to place, post and/or display the Materials on the Website; you acknowledge and agree that you will not publish misrepresentations that could damage Company or any third party; you represent and warrant that you will not submit any Material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offense, or encourages conduct that would be considered a criminal offense giving rise to civil liability, or is otherwise inappropriate; and you represent and warrant that you will not post any advertisement or solicitation of business.
FORUMS, MESSAGE BOARDS & COMMENTS
A "forum" means any message board, chat room, comment, user review forum or other interactive service appearing on the Website and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum and comply with the acceptable use policy. You may not post on any forum, or send to any other forum user or our employee, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component.
By posting on the Website, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived.
You are not entitled to any compensation for any Materials you may post on the Website.
YOUR OWNERSHIP RIGHTS AND LICENSE RIGHTS OF SUBMISSION MATERIAL
You retain ownership of your Submission of Materials to this Website. Company does not claim any ownership in any of your Submitted Materials that you post on this Website. By posting to this Website, you do agree to license your Submissions to the Company as defined herein. You acknowledge and agree that by submitting Materials to the Website that you are granting Company a royalty free, perpetual, nonexclusive world-wide, irrevocable, transferable license to use and display any content submitted or post by you in any and all media formats.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITE (OR ANY PORTION THEREOF) AND THE MATERIALS PROVIDED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, ADVERTISEMENT AND/OR LINK, IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES (THE "COMPANY GROUP") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, THE COMPANY GROUP DOES NOT MAKE ANY REPRESENTATION OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE COMPANY GROUP DOES NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
YOU AGREE THAT COMPANY AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, LICENSEES AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS (INCLUDING, WITHOUT LIMITATION ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE (COLLECTIVELY, THE "RELEASED PARTIES"), ARE NOT LIABLE TO YOU FOR LIABILITIES AND/OR DAMAGES OF ANY KIND, WHETHER BASED IN TORT [INCLUDING, WITHOUT LIMITATION, NEGLIGENCE], CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE OR ANY OTHER WEBSITE, OR ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THIS WEBSITE, THE MATERIAL, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THIS WEBSITE OR ITS RELATED INFORMATION OR PROGRAMS, OR OTHERWISE. YOU (AND NOT ANY MEMBER OF THE COMPANY GROUP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
BY ACCESSING THIS WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company. Users are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions, advice or content available at this Website.
The Internet may be subject to breaches of security. Company is not responsible for any resulting damage to any user's computer from any such security breach, or from any virus, Trojan horse, bug, or the like that may be transmitted through the Website, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that email submissions over the Internet may not be secure, and you should consider this before e-mailing Company any information.
This Website may link you to other sites on the Internet or other sites make link to the Website. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of the Company, and you acknowledge that (whether or not such sites are affiliated in any way with the Company) the Company is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The Company does not endorse any of the merchandise, nor has the Company taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. THE COMPANY EXPRESSLY AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR ANY CONTENT, SOFTWARE, FUNCTIONALITY, SERVICES OR ADVERTISED PRODUCTS OR SERVICES FOUND ON OR RELATED TO ANY SUCH THIRD PARTY WEB SITE OR OTHER INTERNET OR MOBILE RESOURCES.
The Company does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
In order to use this Website, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices). The Company reserves the right to modify or discontinue, remove or suspend temporarily or permanently, access to all or any part of this Website and/or any software, facilities and services on this Website, or limit or restrict any user access thereto, for any reason, with or without notice, and/or to establish general guidelines and limitations on their use.
PROPRIETARY ONLINE SERVICES
Any area of this Website that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in. Without limiting the foregoing, if you are not a United States resident, by using the Website you expressly consent to the transfer of data to the United States and to the process of such data on the Company's (or its designated vendors') United States servers, where data will be governed by the laws of the United States that may provide a lower (or different) level of data protection than your own country.
SYSTEM ABUSE AND CONDUCT
Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity that may adversely affect the operation of the Website and/or the operation or enjoyment of this Website by any other person. You also agree to conduct yourself in any why that can be considered unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offense, or encourages conduct that would be considered a criminal offense giving rise to civil liability, or is otherwise inappropriate.
CHOICE OF LAW/ARBITRATION
CLAIMS OF INFRINGEMENT
If you believe that any content appearing on this Website infringes your copyright rights you should notify the Company of your copyright infringement claim in accordance with the following procedure.
Please forward the following information in writing to the Copyright Agent at the address listed below:
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the exact URL or a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.
All Things Aero Media, LLC
P.O. Box 1158
Zephyr Cove, Nevada 89448
By submitting an infringement notification you acknowledge and agree that the Company may forward your infringement notification and any related communications to any users who posted the material identified in such notice.
The Company seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
ASSIGNMENT/CHANGES IN SITE OWNERSHIP/CORPORATE TRANSACTIONS
HOW TO CONTACT US
This Website is controlled and operated by All Things Aero Media, LLC, P.O. Box 1158, Zephyr Cove, Nevada 89448.
©2013 All Things Aero Media, LLC. All rights reserved.