Virtualaircraftpictures - Disclaimer and Terms Of Use
Virtualaircraftpictures - Disclaimer and Terms Of Use
THESE TERMS
OF USE ("Terms"), ARE A BINDING CONTRACT BETWEEN
VIRTUALAIRCRAFTPICTURES.COM ("Virtualaircraftpictures, Virtual PLANE!
SPOTTERS" or "we") AND YOU ("you"). YOU MUST READ AND
AGREE TO THESE TERMS, BEFORE USING THE VIRTUALAIRCRAFTPICTURES WEBSITE (the
"Site") OR OTHER SITE-RELATED FEATURES OR FUNCTIONALITY AVAILABLE ON
OR THROUGH THE SITE (COLLECTIVELY, THE "SERVICE"). BY USING THE
SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT
USE THE SERVICE.
1. DESCRIPTION
OF SERVICE; MINIMUM AGE REQUIREMENT
A. Description
of Service: Virtualaircraftpictures is an aviation photo database for virtual
aviation photos where everyone can upload own photos.
B. Age
Requirement: There is no limitation.
2. MODIFICATIONS
TO TERMS
A. Procedure.
At any time Virtualaircraftpictures may change these Terms and any other
agreement that is incorporated by reference into these Terms.
3. POSTING
CONTENT ON THE SERVICE; REPRESENTATIONS AND WARRANTIES
A. 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 Virtualaircraftpictures including our
users.
B. Types
of User Content.
i.
photos, artwork, pictures, and videos
ii.
forum posts, text comments, and any other Content
C. Your
Warranties Regarding Your Content. By displaying or publishing
("posting") any Content on the Service, you warrant and represent the
following:
i.
you have sufficient rights in your Content to post it
to the Service and to grant to Virtualaircraftpictures the limited license
described in these Terms;
ii.
there are no license fees, clearance fees, and other
financial obligations of any kind, arising from any use of your Content on the
Service;
D. 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 Virtualaircraftpictures for the Service.
4. OWNERSHIP
OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS
A. Ownership
of Your Content. You retain ownership of the Content you
submit to the Service. Virtualaircraftpictures does not claim any ownership
interest in any Content that you post to the Service.
B. User
Contact Submissions. Unless you have a separate written agreement with us, when
you submit ideas, suggestions, documents, or proposals (collectively,
"Submissions") to Virtualaircraftpictures, you represent, warrant,
and agree that: (i) your Submissions do not include confidential or proprietary
information; (ii) if we so choose, Virtualaircraftpictures may use and disclose
your Submissions in any way; and (iii) Virtualaircraftpictures has no
obligation to pay or reimburse you for your Submissions or our use of your
Submissions.
5. PROHIBITED
CONTENT. You must not post to the Service any Content that, as
reasonably determined by Virtualaircraftpictures, is or appears to be the
following:
A. untrue,
misleading, harmful, threatening, abusive, harassing, defamatory, vulgar,
obscene, invasive to another person's privacy or protected data, hateful, or
racially or otherwise objectionable;
B. 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;
C. 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;
D. unsolicited,
undisclosed or unauthorized advertising;
E. 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;
F. data or
information obtained through access that was not authorized by the owner, or that
you are not authorized to post; or
G. in
violation of any applicable local, state, national or international law
(including export laws).
6. PROHIBITED
CONDUCT; LIQUIDATED DAMAGES FOR SPAM.
A. Prohibited
Conduct. You must not do, or attempt to do, any of the following, as reasonably
determined by Virtualaircraftpictures, subject to applicable law:
i.
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;
ii.
access, tamper with, or use services or areas of the
Service that you are not authorized to access;
iii.
alter information on or obtained from the Service;
iv.
tamper with postings, registration information,
profiles, submissions or Content belonging to Virtualaircraftpictures.
v.
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";
vi.
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 Virtualaircraftpictures or specifically permitted on the Site;
vii.
impersonate or misrepresent your affiliation with any
person or entity;
viii.
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;
ix.
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
x.
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.
B. 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 VIRTUALAIRCRAFTPICTURES, 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.
7. PROTECTION
OF CONTENT.
A. License
by Virtualaircraftpictures to You. You must respect the intellectual property
laws protecting our Service. Virtualaircraftpictures grants you a limited,
revocable, non-transferable, non-sublicensable, non-exclusive license, under
the rights Virtualaircraftpictures has in the Content, to privately display and
perform the Content on your computer for your own personal, noncommercial
purposes.
B. 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
Virtualaircraftpictures 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
Virtualaircraftpictures.
8. 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.
9. DEALINGS
WITH MERCHANTS; LINKS
A. Advertisements
and Links. The Service contains advertisements, offers, or other
links to websites of third parties that we do not control. Advertisements and
other information provided by third parties may not be wholly accurate.
Virtualaircraftpictures is not responsible or liable for (i) the availability
or accuracy of such sites or advertisements; or (ii) the content, products or
services available from such sites. The inclusion of any link on the Service
does not imply that we endorse the linked site. You use the links at your own
risk. Once you link to another website, its privacy statement applies to any
personal information you supply.
10. DISCLAIMER.
VIRTUALAIRCRAFTPICTURES PROVIDES THE SERVICE "AS IS" AND "AS
AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW,
VIRTUALAIRCRAFTPICTURES 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. VIRTUALAIRCRAFTPICTURES
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, VIRTUALAIRCRAFTPICTURES 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.
11. 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.
12. COPYRIGHT
INFRINGEMENT/DMCA.
A. Virtualaircraftpictures
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:
i.
the electronic or physical signature of the owner of
the copyright or the person authorized to act on the owner's behalf;
ii.
identification of the copyrighted work that you claim
has been infringed;
iii.
identification of the material that is claimed to be
infringing and information reasonably sufficient to permit
Virtualaircraftpictures to locate the material (for example, by providing a URL
to the material);
iv.
your name, address, telephone number, and email
address;
v.
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
vi.
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.
1. CUSTOMER
SUPPORT. The email address for our customer support is virtualaircraftpictures@web.de
.
2. NOTICES
AND CONTACT INFORMATION. Webmaster and CEO of Virtualaircraftpictures:
Patrick-Philippe-Christian-Seifert | Management: Tanja Seifert, Business guide
of Tanja Seifert Event management e.K. | Address: Im Seidenbäumle 5, 71397 Leutenbach-
Weiler zum Stein, Germany | phone: 0170/3161279 | e-Mail: tanja.seifert@gmx.net - virtualaircraftpictures@web.de | HRA HRA 2090 USt. | Identification-no. DE 180,257,335 Area of
jurisdiction District court Stuttgart.
3. LEGAL
NOTICES.
A.
NOTICE TRADEMARKS
Microsoft Flight
Simulator and the Microsoft Name and Trademarks are the copyright property of
Microsoft Corporation. All other
trademarks used in the Service of Virtualaircraftpictures may be also registered
trademarks with copyright property of the owners. All Rights Reserved.