DISCLAIMER AND TERMS OF USE

THESE TERMS OF USE ("Terms"), ARE A BINDING CONTRACT BETWEEN www.aviationpilot.net ("aviation Pilot, AP" or "we") AND YOU ("you"). YOU MUST READ AND AGREE TO THESE TERMS, BEFORE USING THE AVIATIONPILOT 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
    1. Description of Service: aviation Pilot is a community site for plane spotting and aviation knowledge.
    2. Age Requirement: There is no limitation.
  2. MODIFICATIONS TO TERMS
    1. Procedure. At any time aviation Pilot 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
    1. 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 aviation Pilot including our users.
    2. Types of User Content.
      1. photos, artwork, pictures, and videos
      2. forum posts, text comments, and any other Content
    3. Your Warranties Regarding Your Content. By displaying or publishing ("posting") any Content on the Service, you warrant and represent the following:
      1. you have sufficient rights in your Content to post it to the Service and to grant to aviation Pilot the limited license described in these Terms;
      2. there are no license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content on the Service; 
    4. 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 aviation Pilot for the Service.
  4. OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS
    1. Ownership of Your Content. You retain ownership of the Content you submit to the Service. Aviation Pilot does not claim any ownership interest in any Content that you post to the Service.
    2. User Contact Submissions. Unless you have a separate written agreement with us, when you submit ideas, suggestions, documents, or proposals (collectively, "Submissions") to aviation Pilot, you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) if we so choose, aviation Pilot may use and disclose your Submissions in any way; and (iii) aviation Pilot 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 aviation Pilot, is or appears to be the following:
    1. untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
    2. 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;
    3. 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;
    4. unsolicited, undisclosed or unauthorized advertising;
    5. 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;
    6. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
    7. in violation of any applicable local, state, national or international law (including export laws).
  6. PROHIBITED CONDUCT; LIQUIDATED DAMAGES FOR SPAM.
    1. Prohibited Conduct. You must not do, or attempt to do, any of the following, as reasonably determined by aviation Pilot, subject to applicable law:
      1. 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;
      2. access, tamper with, or use services or areas of the Service that you are not authorized to access;
      3. alter information on or obtained from the Service;
      4. tamper with postings, registration information, profiles, submissions or Content belonging to aviation Pilot.
      5. 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";
      6. 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 aviation Pilot or specifically permitted on the Site;
      7. impersonate or misrepresent your affiliation with any person or entity;
      8. 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;
      9. 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
      10. 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.
    2. 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 AVIATION PILOT, 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.
    1. License by aviation Pilot to You. You must respect the intellectual property laws protecting our Service. Aviation Pilot grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights aviation Pilot has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.
    2. 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 aviation Pilot 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 aviation Pilot.
  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
    1. 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. Aviation Pilot 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. AVIATION PILOT PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, AVIATION PILOT 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. AVIATION PILOT 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, AVIATION PILOT 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.
    1. Aviation Pilot 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:
      1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
      2. identification of the copyrighted work that you claim has been infringed;
      3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit aviation Pilot to locate the material (for example, by providing a URL to the material);
      4. your name, address, telephone number, and email address;
      5. 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
      6. 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 seifertpatrick@hotmail.de .
  2. NOTICES AND CONTACT INFORMATION. Webmaster and CEO of aviation Pilot (AP): 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 - seifertpatrick@hotmail.de | HRA HRA 2090 USt. | Identification-no. DE 180,257,335 Area of jurisdiction District court Stuttgart.
  3. LEGAL NOTICES. 
    1. 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 aviation Pilot may be also registered trademarks with copyright property of the owners. All Rights Reserved.

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