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netAirspace.com - Terms of Use

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Zak (netAirspace FAA) 18 Feb 12, 12:21Post
netAirspace – Terms of Use

Revised version / effective date: 5 December 2012


Definitions:

"We", "us", "site", "website", "service" or "netAirspace" refers to netAirspace.com, an internet service provided by netAirspace LLP, Miami, FL.

"You" refers to the end user, either physical or technological, using this internet service.

"Terms" refers to these terms of use, including the mentioned additional documents and sources.

Paragraph headlines and examples (marked "for example…" or "including…") are illustrative elements, being used to make these terms easier to read. They have no binding effect and are not exhaustive.

These terms of use are a binding contract between you and us. By using netAirspace and any service or functionality available through the site, you confirm that you have read, understand and agree to be held to these terms. If you disagree with any part of these terms, please do not access, use and/or contribute to our website.


1. Description of netAirspace

netAirspace is an active and friendly aviation community website and provides a forum, a photo database and a news section for aviation and aerospace themed content. This content is provided by the community members. We invite you to be a part of that community and share your content with like-minded enthusiasts.


2. Your requirements and obligations; user accounts

In order to use netAirspace, you must be at least 13 years of age.

Different or additional legal requirements by your country must be observed by you. Keep in mind that, while travelling or staying abroad, you must also observe the local laws of the country you are currently in. If any applicable law does not allow you to use a service like netAirspace, you must not use the site.

To use the interactive features of the site, you need to register a user account. Only one account per person is allowed. Should we have reason to believe that you have more than one account, we will attempt to contact you, and reserve the right to suspend one or all of your accounts, if necessary.

Only you may use your account. It is non-transferable and non-assignable. You are responsible for keeping it secure by protecting it with a safe password, which you should change at least every 30 days. While netAirspace takes every possible precaution to safeguard site security, please remember that the security of your account is your responsibility.

Upon registering an account, you are asked to provide personal information for your user profile. Except for your e-mail address, this information will be publicly accessible after you register the account. Please do not provide any information you are not ready to share with the public. Profile fields that are not marked as mandatory may be left empty. If you chose to provide any information there, it must be accurate.

Please make sure that your profile information is always up to date. This especially refers to your e-mail contact information. In case we find the e-mail address you provided to have expired and we are unable to contact you, we reserve the right to suspend your account.


3. User fees; access levels

Registering a user account with netAirspace is, and will remain, free of charge.

At no time, registering or holding a user account will cause any costs, until you explicitly book or order site features that are subject to user fees. Retrospective or recurring fees are ruled out.

Free accounts will give you reading access to all public forums, posting access to some forums, and will allow you to upload a limited number of photos every week.

Paid accounts will give you additional posting access to some forums, allow you to upload more and larger photo files every week, and give you access to additional features.

Details are described in the price list, which becomes an incorporated part of these terms of use. The price list may be modified at any time. We will announce such changes within the site, but will not send you an individual notice. Changes to the price list will only affect future transactions. Please make sure to always check the latest price list before you book a feature that is subject to fees.

Internet access fees, provider fees, or any other fees you may have to pay in order to be able to access websites like netAirspace are not covered by this contract, and are solely between you and the party providing your internet access.


4. Posting content; representations and warranties

netAirspace is a community-based website. This means we encourage you to provide content by posting in the forums, sharing news or uploading photos.

By posting any form of content on netAirspace, you warrant and represent the following:

  • You have sufficient rights in your content to post it on netAirspace and to grant netAirspace the limited license to use your content, as described in these terms.
  • There are no license fees, clearance fees or other financial obligations of any kind, arising from the use of your content on netAirspace.
  • If an individual is pictured, depicted, described and / or heard in your content, this individual is either you, or you have obtained permission from each person (including consent from parents or legal guardians of minors) who appears in your content to publish the content on the internet under the conditions described in these terms. (Please note that this is not a special requirement by netAirspace, but a general requirement by law. We can and will not check if you have the permissions from persons in your content; but by uploading your content, you warrant and represent that you have it.)
  • Your content is not defamatory or offensive, and does not infringe any intellectual property rights, copyrights, privacy rights or any other legal or moral rights of any third party.

You bear the legal responsibility for your content, so please do not take this lightly. If you are uncertain about your content, please contact netAirspace before uploading it to the site.

In case of any violations, you agree to hold netAirspace harmless from, and indemnify them for, all damages, costs and other liabilities relating to any claim arising out of your violation of these terms, and / or applicable law.


5. Ownership of content; License to netAirspace

netAirspace does not claim any copyright or ownership interest in content provided by you. Content that is protected by your copyright remains exclusively in your ownership.

This refers especially (but not exclusively) to photos uploaded by you. They remain in your property.

Thus, in order to store your content on our server, and use it within the website, we need a license from you. By posting or uploading content to netAirspace, you grant netAirspace a limited license to use your content. This license is worldwide, royalty-free and non-exclusive. Non-exclusive means that, after giving netAirspace a license for your content, you can give more non-exclusive licenses to other parties as well.

Our use includes transmission, distribution and display of your content through netAirspace.

You also grant netAirspace a limited license to modify your content, when needed. This includes measures like resizing photos, adding copyright bars and watermarks, correcting or enhancing information, and usage within the games in our Fun section. Other than that, we will not modify your content for creative purposes.

netAirspace will not use your content outside the scope of this license without your consent. However, we will provide tools and measures like links or program code snippets that will allow users to share content virally over other internet sites like forums or social networks.

For photos that you uploaded to the site, the license is revocable. You can revoke it by deleting the photo from your user account. After you deleted a photo, copies of it may remain in backup files, but netAirspace will not display the photo anymore.

For other content, the license is irrevocable. If your membership terminates, non-photographic content you posted will remain on the site.


6. Prohibited conduct

You must not do, or attempt to do, anything of the following:

  • access or use netAirspace in any way that is harmful towards netAirspace, and / or not in compliance with any applicable law;
  • access areas of netAirspace that you are not authorized to access;
  • alter information on or obtained from netAirspace;
  • tamper with postings, user information, profiles, submissions or content belonging to netAirspace or its members;
  • use any automated means like robots or spiders, or interfaces not provided by netAirspace, to access the site;
  • extract data or gather or use non-public information, such as e-mail addresses, available from netAirspace;
  • transmit any unsolicited advertising, junk mail, spam, or chain letters;
  • copy or frame any part of netAirspace, or otherwise make it look like you have a professional relationship to us or act on behalf of netAirspace;
  • impersonate or misrepresent your affiliation with any person or entity;
  • reverse engineer any part of the site, or do anything that might reveal source code, or bypass measures employed to limit access to any part of the site;
  • modify the program code of the site, or transmit or implement in any possible form harmful, illegal, deceptive or disruptive code such as a virus, spyware, adware or other code that could affect the site and its users; or
  • interfere with the site's infrastructure and computer system in any way that may impose a burden to regular operations of the site.

If you perform these or any other harmful actions against netAirspace, we reserve the right to terminate your account, and you will be liable to pay damages in full to netAirspace.

For actions where clear damage is done to netAirspace, and where the exact amount of harm would be difficult to ascertain (for example using netAirspace to send unsolicited e-mails or messages), you agree that the damage compensation will be no less than US$ 50.00 for each and every violation of the aforementioned terms (for example every unsolicited e-mail sent through the site).


7. Monitoring of content

While we reserve the right to delete or modify content that is incorrect and / or constitute a violation of our site rules, netAirspace is under no obligation to monitor the accuracy or reliability of any kind of content on the site. netAirspace also does not endorse any opinion, advice, information or statement made on the site.


8. Modification, termination or cancellation

netAirspace may, at any time, modify the site by adding, changing or removing features. This includes removing your content without notice to you.

netAirspace may, at any time, terminate your access to the site, if we have reason to believe that you violated these terms of use, or if we are requested by law enforcement or other government agencies to do so.

netAirspace may remove your user account, if we have reason to believe that you do not intend to use it anymore, for example after longer periods of inactivity.

Should your account be removed, netAirspace will inform you via the e-mail address you have provided. Any appeals should be made to the site’s admins via the contact details found below.

If netAirspace terminates your access to the site, and / or removes your user account, your content may remain within the site, and the license agreement as described in paragraph 4 will remain valid.


9. Advertising; links; merchants

netAirspace contains advertisements, offers, or links to third party websites that we do not control. netAirspace is not responsible or liable for the accuracy or availability of any content, information, products or services of these websites. By linking offers from other websites, netAirspace does not endorse the linked sites. Following links happens at your own risk. These terms of use do not apply to any website other than netAirspace.com. Any transactions and dealings between you and third-party merchants or advertisers are solely between you and that merchant or advertiser.


10. Limitation of liability

netAirspace provides the service "as is" and "as available". netAirspace provides no warranty that the service will be uninterrupted, error-free, virus-free, secure or timely. By entering this contract, you agree to not hold netAirspace liable for any damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill, or any other losses.


11. Copyright infringement

netAirspace respects intellectual property rights and requests that you do the same.

If you believe that your work is being used on netAirspace in a way that constitutes a copyright infringement, please contact us and provide us with sufficient information in writing that will allow us to verify the copyright of the content in question.

If you use your account with netAirspace to infringe copyright of others by uploading or posting protected content, we will terminate your account. In such cases, we reserve the right to disclose to third parties any of your information or data, including personally identifiable information and private communication.


12. netAirspace Miles

netAirspace offers a bonus program called "netAirspace Miles". The participation in the program is linked to your membership with netAirspace, and is completely free of charge for all registered members.

It is not possible to purchase netAirspace Miles. You can earn miles exclusively through the site, by performing activities such as uploading photos to the site's photo database, earning predefined achievements or using other site features.

Accrued miles can be used to claim premiums, such as free upgrades to your membership, discounts at certain online shops, or bonus miles for certain airline bonus programs.

netAirspace provides no warranty that netAirspace Miles will be awarded correctly to you. All information provided throughout the site regarding the crediting of Miles is non-binding.

netAirspace does not guarantee the availability of premiums. Premium offers advertised by netAirspace throughout the site are always non-binding. Premiums can be cancelled, or the amount of Miles required for a premium can change any time, without advance notice, even after you requested a specific premium.

All premiums other than site memberships are subject to availability as well as to terms and conditions provided by third parties, such as online shops and airline bonus programs. These third-party terms may limit you in the way you can use your claimed premium. netAirspace is not responsible for such limitations. This applies especially (but not exclusively) to the purchase of airline miles.

Unless explicitly stated otherwise, netAirspace is not affiliated with third-party providers such as online shops or airlines.

netAirspace reserves the right to remove any amount of Miles from your account at any time. We will do this whenever we have reason to believe that you gathered Miles by inappropriate means, such as measures described in §6 (Prohibited Conduct).

By participating in the netAirspace Miles program, you agree that netAirspace Miles are non-monetary, do not represent a commercial value, do not represent an entitlement to premiums, may expire, are not refundable and not transferrable.


13. Incorporated documents

Following documents become an incorporated part of the contract defined by these terms of use:


Any of these documents, including these terms of use, may be changed at any time, without notice to you. Please make sure to check them regularly as long as you are using netAirspace.


14. Additional Information

netAirspace is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com and other Amazon websites worldwide.


15. Choice of Law

These Terms of Use are governed by the laws of the State of Florida. Exclusive jurisdiction and venue for any dispute arising hereunder shall be in the State courts located in Dade County, Florida. Depending on your location, you may also be subject to the laws of another jurisdiction. Please govern yourself accordingly.


16. Severability clause

If a provision of these terms is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of these terms; or the validity or enforceability in other jurisdictions of that or any other provision of these terms.




Contacting us

If there are any questions regarding this statement, you may contact us using the information below.

http://www.netairspace.com/
admin <at> netairspace <dot> com
None are more hopelessly enslaved than those who falsely believe they are free.
(Johann Wolfgang von Goethe)
 

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