Effective Date: March 31, 2008
NOTICE RE COPYRIGHT OWNERSHIP: © Demand Aviation U.S.A. All rights reserved.
- DESCRIPTION OF SERVICE; MINIMUM AGE REQUIREMENT
- Description of Service. Myaviation.net is an aviation enthusiast site which focuses on photos, forums and news. We are home to a wide variety of photos and all aviation photos are welcome. Myaviation.net invites everyone who is interested and/or passionate about aviation to join our international aviation enthusiast community.
- Age Requirement. You must be at least 13 to use the Service.
- MODIFICATIONS TO TERMS
- Your Obligation to Stay Current. It is critical that you keep your email contact information correct and updated with Myaviation.net at all times. In addition, we encourage you to check back regularly to review these Terms at least once every 30 days.
- POSTING CONTENT ON THE SERVICE; REPRESENTATIONS AND WARRANTIES
- Content Protected by Intellectual Property Rights. Any content available through the Service, including games, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content") is protected by the intellectual property rights of Myaviation.net or its licensors, including our users. Myaviation.net needs your permission before we can use your photos on our website, which is why we need the limited, revocable, nonexclusive license described below in Section 4.B.
- Types of User Content. Myaviation.net greatly values the Content submitted to the Service by our photographers and other users. We view our photographers and other users' Content as fitting into the following two different categories:
- photos, artwork, pictures, and videos (collectively, "User Photos"); and
- forum posts, text comments, and any other Content excluding User Photos ("User Text").
- Your Warranties Regarding Your Content. By displaying or publishing ("posting") any Content on the Service, you warrant and represent the following:
- you have sufficient rights in your Content to post it to the Service and to grant to Myaviation.net the limited license described in these Terms;
- there are no license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content on the Service;
- you are the individual pictured, depicted, and/or heard in your Content or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to Myaviation.net described in these Terms; and
- your Content is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
- Establishing an Account to Post Content or Participate in a Forum. To post Content on the Site or participate in a forum, you must first complete the Site registration process to create an account with a user name and password (the "Account"). You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians. You must always provide accurate current and complete information to Myaviation.net for the Service. You must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Service through your Account will be deemed as being used by you. Myaviation.net is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
- OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS
- Ownership of Your Content. You retain ownership of the Content you submit to the Service. Myaviation.net does not claim any ownership interest in any Content that you post to the Service. Of course, Myaviation needs our Users' permission to use your Content on the Service, which is the reason we need the nonexclusive, limited license to your Content set forth in Section 4B.
- Your License to Myaviation.net.
- When you post User Photos to the Service, you hereby grant Myaviation.net a limited, revocable, perpetual (subject to your right of revocation), worldwide, royalty-free, non-exclusive license to use, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), and advertise around the User Photos. This limited license only allows Myaviation.net to use your User Photos on or through the Service. In addition, you hereby grant Myaviation.net the limited permission to modify your User Photos to add a watermark and copyright notification in a manner generally consistent with past practice and for technical purposes to enable the display of the User Photos on or through the Service. For example, we may need to compress a photo image to create a thumbnail. For clarification, the limited license to modify your User Photos for technical purposes does not permit Myaviation.net to make modifications to your User Photos for creative purposes. Also, this limited license does not permit Myaviation.net to distribute your User Photos in any way other than on and through the Service, but does permit Myaviation.net to make your User Photos available for viral distribution such as by providing HTML code for aviation enthusiasts to embed the "photo of the day" on other websites and allowing Myaviation.net to share User Photos with members of the Myaviation.net community through, for example, email and newsletters.
- As consideration for your limited license of your User Photos to Myaviation.net, Myaviation.net will provide you with prominent attribution for your contribution. You agree that the commitments made to you by Myaviation in these Terms satisfy in full our obligations to you under the doctrine of "moral rights" under the laws of any jurisdiction in Content you submit or make available on or through the Service. For a discussion of "moral rights", one resource can be located at http://cyber.law.harvard.edu/property/library/moralprimer.html.
- For Content that you post to the Service that is User Text, you hereby grant Myaviation.net an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, transmit, distribute, publicly display, and advertise in and around such User Text. You also give us a limited license to modify your User Text to the extent we deem useful to improve the Service by, for example, updating aircraft information submitted together with your User Photos.
- Your Right to Terminate the License. For Content consisting of your User Photos, you may remove such Content from the Service and terminate your license to us at any time by following the instructions on the FAQ on the Site, or by emailing us at email@example.com. You may also email us at the same address with any request to remove your User Text from the Service. We will endeavor to promptly comply with any such request, provided that removing such User Text would not interfere with other users' ability to enjoy the Service. For example, a request to remove all of your User Text from a long string of interactive forum posts could render the entire forum unintelligible and eliminate the ability of the other users of the Site to read and enjoy that forum.
- User Contact Submissions. Unless you have a separate written agreement with us, when you submit ideas, suggestions, documents, or proposals (collectively, "Submissions") to Myaviation.net, you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) if we so choose, Myaviation.net may use and disclose your Submissions in any way; and (iii) Myaviation.net has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
- No Use Outside License. Myaviation.net will not use your Content outside the scope of the license set forth in this Section 4 without your express consent.
- PROHIBITED CONTENT. You must not post to the Service any Content that, as reasonably determined by Myaviation.net, is or appears to be the following:
- untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
- infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, including any Content that is the subject of any claim of infringement;
- of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
- unsolicited, undisclosed or unauthorized advertising;
- software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
- in violation of any applicable local, state, national or international law (including export laws).
- PROHIBITED CONDUCT; LIQUIDATED DAMAGES FOR SPAM.
- Prohibited Conduct. You must not do, or attempt to do, any of the following, as reasonably determined by Myaviation.net, subject to applicable law:
- access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
- access, tamper with, or use services or areas of the Service that you are not authorized to access;
- alter information on or obtained from the Service;
- tamper with postings, registration information, profiles, submissions or Content belonging to Myaviation.net or other users of Myaviation.net;
- use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
- frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Myaviation.net or specifically permitted on the Site;
- impersonate or misrepresent your affiliation with any person or entity;
- reverse engineer any licensed software, application, games or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
- send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Service or any recipient; or
- take any action which might impose a significant burden (as determined by us) on the Service's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
- Liquidated Damages. IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO MYAVIATION.NET, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
- MONITORING OF SERVICE CONTENT; RESOLUTION OF USER DISPUTES
- No Duty to Monitor. Although we strive to maintain the high standards for Content which we have set for ourselves and which our users have come to expect, we are under no obligation to regularly monitor the accuracy or reliability of the Content. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of Myaviation.net. Myaviation.net neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service. However, we reserve the right to modify or remove any Content at any time. Our limited right to modify Content submitted by our Users is described in Section 4.B. above.
- Right to Resolve Disputes. Myaviation.net has the right, but not the obligation to resolve disputes between users relating to the Service and Myaviation.net's resolution of a particular dispute does not create an obligation to resolve any other dispute. Myaviation.net's resolution of any dispute is final with respect to the Service.
- PROTECTION OF CONTENT.
- License by Myaviation.net to You. You must respect the intellectual property laws protecting our Service. Myaviation.net grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Myaviation.net has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
- Reservation of Rights. Your ownership rights in your Content are unaffected by your posting that Content to the Service. For all other Content on the Service Myaviation.net reserves all rights Except as expressly stated in this Section 8, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content that is not yours, including any software, without prior written consent from Myaviation.net or other third-party owner of the rights in that Content (if any).
- MODIFICATIONS TO SERVICE. We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may remove any user-posted Content from the Service at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. We are not liable for any such modification, discontinuance or removal.
- TERMINATION OR CANCELLATION.
- Right to Terminate. We may, at any time, without notice to you, terminate your access to the Service, and your Account, or block your access to the Service if:
- we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Myaviation.net, our users, or any other person;
- requested by law enforcement or other government agencies; or
- your Account has extended periods of inactivity.
- Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
- DEALINGS WITH MERCHANTS; LINKS
- Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Service, including "click to purchase," "co-registration," and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
- INDEMNIFICATION. You agree to hold Myaviation.net and Demand Media, and their subsidiaries, affiliates (for example, those listed at www.demandmedia.com), officers, directors, employees, agents, attorneys, suppliers, crew volunteers, and each of their respective successors and assigns (collectively, the "Indemnified Persons"), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys' fees and expenses, relating to any claim arising out of or related to: (i) any unauthorized access to and use by you of the games, software, and other aspects of the Service and the Content; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; (iii) any dispute you have with any user of the Service and any dispute you have related to any merchant or advertising found on or through the Service; (iv) Myaviation.net's resolution (if any) of any dispute you have with any user of the Service; (v) your improper authorization for Myaviation.net to collect, use or disclose any Content provided by you; and (vi) any disclosures made with your permission.
- DISCLAIMER OF WARRANTIES. MYAVIATION.NET PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYAVIATION.NET MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, GAMES, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICE. MYAVIATION.NET MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYAVIATION.NET EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
- EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE INDEMNIFIED PERSONS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
- COPYRIGHT INFRINGEMENT/DMCA.
- Myaviation.net respects the intellectual property rights of others and requests that users of the Service do the same. If you believe that your work is being used on the Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
- the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- identification of the copyrighted work that you claim has been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit Myaviation.net to locate the material (for example, by providing a URL to the material);
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
- Our designated agent to receive notification of claimed infringement can be reached at:
1655 26th Street
Santa Monica, CA 90404
- It is our policy to terminate in appropriate circumstances any Account or user for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account or user for even one instance of infringement.
- Myaviation.net may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.
- CUSTOMER SUPPORT. Myaviation commits to providing our photographers and our paying subscribers with customer support in connection with any billing or payment matters or any request to remove User Photos from the Service. Although we strive to answer all user questions, Myaviation.net is not required to provide general customer support to our Users regarding matters such as website navigation and functionality. The email address for our customer support team is firstname.lastname@example.org.
- NOTICES AND CONTACT INFORMATION. Except as otherwise provided in these Terms, Myaviation.net will give you any notices by posting them on the Site. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You also authorize Myaviation.net to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to either your Myaviation.net email account or to the non- Myaviation.net email address that we have on record for you. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by Myaviation.net via electronic mail, whether or not received by you. Myaviation.net may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by Myaviation.net to the address that you have most recently provided is effective notice. With the exception of notices related to removal of licensed material and to copyright infringement as described in Sections 5 and 16 above, respectively, you must send us any notice by mailing it to our address for Legal Notices which is: Myaviation.net, 1655 26th Street, Santa Monica, CA 90404, U.S.A., Attn: Legal Department.
- ADDITIONAL TERMS
- Agreement to Conduct Transactions Electronically. All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
- Compliance with Laws. You are responsible for compliance with applicable local laws. Access to the Service Content by certain persons or in certain countries may not be legal.
- No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Persons, there are no third party beneficiaries of these Terms.
- Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
- Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Myaviation.net. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Myaviation.net will be null and void. Myaviation.net has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
- Jurisdiction; Choice of Law; Export Limitations. This Service is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Service from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Myaviation.net submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Los Angeles County, Los Angeles.
- Limitations on Actions. Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
- Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words "include" and "including" are meant to be illustrative and not exhaustive.
- No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
- FURTHER INFORMATION
If you have a complaint, you may contact us at Myaviation.net Legal Department, 1655 26th Street, Santa Monica, CA 90404, U.S.A. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
- LEGAL NOTICES.
- NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
- NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
YOU MAY VIOLATE FEDERAL LAW IF YOU: (i) INITIATE THE TRANSMISSION TO MYAVIATION.NET COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (ii) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
- NOTICE RE TRADEMARKS
The trademark Demand Media and all other trademarks listed below or used in the Service are owned or used under license by Myaviation.net and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Service or in any Service content. All rights are reserved.