Social Aviation Terms of Use
Welcome to the Social Aviation web site. This web site (the "Site"). These Terms
of Use (the "TOU") and the Social Aviation Privacy Policy
(collectively, the Agreement") set out the legally binding terms between you and
Social Aviation that govern your use of the Social Aviation Service. If you and
Social Aviation have agreed that you will be a Charter Subscriber to the Social
Aviation Service, the Agreement shall include the terms of the Charter Subscriber
Agreement between you and Social Aviation. References to "you" in the Agreement
shall include individual users and Charter Subscribers.
YOUR USE OF THE SITE AND THE Social Aviation SERVICE CONSTITUTES YOUR ACCEPTANCE
OF THE TERMS OF THE AGREEMENT.
1. Description of the Social Aviation Service. The Social Aviation
Service is a web-based career organization service. You understand and agree that
the Social Aviation Service may include content-targeted ads or other related information,
as further described below and in the Social Aviation Privacy
Policy. The Social Aviation Service shall only be available to you upon
your payment in full of all fees charged by Social Aviation for such use, as set
forth on the Social Aviation web site.
2. Changes to the Social Aviation Service and the Agreement. Social
Aviation reserves the right, without liability to you, to modify or discontinue
the Social Aviation Service with or without notice to you, and you agree to be bound
by such modifications or revisions. If you do not accept and abide by the terms
of the Agreement, you may not use the Social Aviation Service. Social Aviation may
change the TOU at any time in its sole discretion, so you should visit this page
periodically to review these terms. In the event of any material or substantial
change in the terms and conditions of the TOU, Social Aviation may, but shall not
be obligated to post an announcement of the changes together with a link to the
new TOU on the Social Aviation Service. By using the Social Aviation Service after
any change in the TOU, you acknowledge and agree to be bound by such amended TOU.
3. Registration for and use of the Social Aviation Service. In
consideration for your use of the Social Aviation Service, you represent that you
are of legal age to form a binding contract, and you agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the Social
Aviation Service registration form; and (b) maintain and promptly update all registration
data to keep it true, accurate, current and complete. Social Aviation reserves the
right to refuse service to anyone at any time without notice if such refusal is
deemed reasonably necessary by Social Aviation.
4. Security. You will receive a password and account designation
upon completing the registration process for the Service. You are responsible for
maintaining the confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree to: (a)
immediately notify Social Aviation of any unauthorized use of your password or account
or any other breach of security, and (b) ensure that you exit from your account
at the end of each session. Social Aviation will not be liable for any loss or damage
arising from your failure to comply with this Section 4.
5. Privacy. Personal information collected by Social Aviation shall
be used as set forth in the Social Aviation Privacy Policy.
As a condition to using the Social Aviation Service, you agree to the terms of the
Social Aviation Privacy Policy as it may be updated from time to time. You agree
that Social Aviation may monitor, edit or disclose your personal information, including
the content of your emails, if required to do so in order to comply with any valid
legal process or governmental request (such as a search warrant, subpoena, statute,
or court order), or as otherwise provided in the Social Aviation Privacy Policy.
6. User Conduct. You agree that you are responsible for establishing
and maintaining your own information. Your use of the Social Aviation Service is
subject to your acceptance of, and compliance with the Agreement. Social Aviation
reserves the right, but does not assume the responsibility, to monitor or review
your conduct on the Social Aviation Service. Your use of the Social Aviation Service
is subject to all applicable federal, state and local laws and regulations, and
you agree that the following activities are strictly prohibited in conjunction with
your use of the Social Aviation Service:
- Promotion or encouragement of illegal activity
- Interference with other Social Aviation users' use of the Social Aviation Service
- Use of the Social Aviation Service in violation of the rights of others
- Use of the Social Aviation Service that is harmful to minors in any way
- The transmission, uploading, distribution or dissemination (or offer to do the same)
of any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene,
or otherwise objectionable content
- Transmission of another's intellectual property or other proprietary information
without permission
- Modification, adaptation, translation, or reverse engineering of any portion of
the Social Aviation Service or any software offered in connection with the Social
Aviation Service
- Transmission of email in violation of the CAN-SPAM Act or any other applicable anti-spam
law
- The sale, exchange or distribution to a third party of the email addresses of any
person without such person's knowing and continued consent to such disclosure
- The transmission of unsolicited emails to significant numbers of email addresses
belonging to individuals and/or entities with whom you have no preexisting relationship
- Intentional distribution of viruses, worms, defects, Trojan horses, corrupted files,
hoaxes, or any other items of a destructive or deceptive nature
- Impersonation of another person (via the use of an email address or otherwise) or
other misrepresentation of yourself or the source of any email
- Creation of multiple user accounts in connection with any violation of the Agreement
or creation of user accounts by automated means or under false or fraudulent pretenses
- The sale, trade, resale or other exploitation for any unauthorized commercial purpose
or transfer any Social Aviation account
- Removal if any copyright, trademark or other proprietary rights notices contained
in or on the Social Aviation Service
- Reformatting of any portion of the web pages that are part of the Social Aviation
Service
- Provision of material or resources in support of any organization(s) designated
by the United States government as a foreign terrorist organization
Violation of any of the foregoing may result in immediate termination of this Agreement,
and may subject you to state and federal penalties and other legal consequences.
Your right to use the Social Aviation Service is personal to you. You agree not
to resell or make any commercial use of the Social Aviation Service without the
express consent of Social Aviation. You may not create bots or other computer generated
automatic tools to create events, nor abuse the Social Aviation Service in any manner.
Use that constitutes abuse shall be determined by Social Aviation in its sole discretion.
Social Aviation reserves the right to terminate your account if Social Aviation
determines you have not complied with any part of the Agreement. You represent and
warrant that you have all necessary right, power and authority to enter into this
Agreement and to perform the acts required of you hereunder.
7. Content. You understand that all information, data, text, photographs,
graphics, messages or other materials ("Content"), whether publicly posted or privately
transmitted, are the sole responsibility of the person from whom such Content originated.
With respect to Content you submit or make available for inclusion on publicly accessible
areas of the Social Aviation Service, you grant Social Aviation a world-wide, royalty
free, non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display such Content on the Social Aviation Service solely
for the purpose for which such Content was submitted or made available. Social Aviation
does not control the Content posted by any user of the Social Aviation Service and
thus does not guarantee the accuracy, integrity or quality of such Content. Under
no circumstances will Social Aviation be liable in any way for any Content posted
by any user or third party, including, but not limited to, liability for any errors
or omissions in any Content or for any loss or damage of any kind incurred as a
result of the use of any Content posted, e-mailed or otherwise transmitted via the
Social Aviation Service. "Publicly accessible" areas of the Social Aviation Service
are those areas intended by Social Aviation to be available to the general public,
such as published Social Aviation calendars including password-protected Social
Aviation calendars and other portions of Social Aviation sites that are open to
both members and visitors.
8. Social Aviation Intellectual Property Rights; Copyright Policy.
You acknowledge that Social Aviation owns all right, title and interest in and to
the Social Aviation Service, including without limitation all intellectual property
rights (the "Social Aviation Rights"), and such Social Aviation Rights are protected
by U.S. and international intellectual property laws. The Social Aviation Rights
include rights to: (a) the Social Aviation Service developed and provided by Social
Aviation and all trademarks and other intellectual property associated therewith;
and (b) all software associated with the Social Aviation Service. You agree that
you will not copy, reproduce, alter, modify, or create derivative works from the
Social Aviation Service or any Content placed on the Social Aviation Service by
Social Aviation or any third party. If you believe that your work has been copied
and posted on the Social Aviation Service without your permission or in any way
that constitutes copyright infringement, please provide Social Aviation with the
following information: a description of the copyrighted work that you claim has
been infringed; a description of where the material you claim is infringing is located
on the Social Aviation Service; your address, telephone number, and email address;
and a written statement by you stating that you have a good faith belief that the
disputed use is not authorized by you, your agent, or the law; and a statement by
you, made under penalty of perjury, that you own the claimed infringing material
together with any evidence of such ownership. Please contact Social Aviation at
the following address:
Social Aviation
Attn: Copyright Infringement
4025 Duval Rd #2517
Austin, TX 78759
9. Advertisements. You agree and understand that Social Aviation
may display ads and other information adjacent to and related to the content of
your content.. Social Aviation serves relevant ads using a completely automated
process that enables Social Aviation to effectively target dynamically changing
content. No human will read your content or email in order to target such advertisements
or other information without your consent, and no email content, addresses, or other
personally identifiable information will be provided to advertisers as part of the
Social Aviation Service. Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Social Aviation Service, 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 advertiser. You agree that Social Aviation shall not be responsible
or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Social Aviation
Service.
10. Termination; Cancellation. You may cancel your use of the Social
Aviation Service at any time by canceling your account on your account settings
page or contacting us by mail at the following address:
Social Aviation
Attn: Account Cancellation
4025 Duval Rd #2517
Austin, TX 78759
11. Information Available from the Social Aviation Service. Social
Aviation and its suppliers do not warrant or guarantee the accuracy or timeliness
of any information available from the Social Aviation service, even if such information
appears in e-mail, cell phone or other alerts available through the Social Aviation
Service. Social Aviation and its suppliers do not authorize the use of information
available from the Social Aviation Service for any purpose other than your personal
use, and prohibit the resale, redistribution, and use of this information for commercial
purposes. Social Aviation does not endorse or recommend any particular product or
service. Nothing contained in the Social Aviation Service is intended to constitute
professional advice of any kind.
12. Indemnity. You will indemnify and hold harmless Social Aviation,
its parents, subsidiaries, affiliates, customers, vendors, officers and employees
from any liability, damage or cost (including reasonable attorneys. fees and cost)
from (i) any claim or demand made by any third party due to or arising out of your
access to the Site, use of the Services, violation of the Terms of Use by you, or
the infringement by you, or any third party using your account or Social Aviation
User ID, of any intellectual property or other right of any person or entity.
13. Links to Third Party Sites. Any web sites that are accessible
via links included within the Social Aviation Service that take you to another web
site or out of the Social Aviation Service are not under Social Aviation's control,
and Social Aviation shall not be responsible for the content, products or services
of any linked web site. All such web sites shall be subject to the policies and
procedures of the owner of such web sites. Social Aviation encourages you to read
those policies and know your rights under any web site you visit.
14. Agreement Violations by Others. Social Aviation asks that you
participate in ensuring that all users of the Social Aviation Service follow the
terms of the Agreement by reporting any violations of these terms. To report a violation
of the Agreement, please email us at support@SocialAviation.com
15. Copyright and Trademark Notices; Other Acknowledgements. All
contents of the Social Aviation Service are Copyright © 2010 Social Aviation
and/or its suppliers. All rights reserved.
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