- Your Acceptance
- Description of Service
Air Fare America provides a platform for pilots, aviation enthusiasts, travelers and foodies to connect, share photos, discuss news stories and various aviation subjects. Air Fare America welcomes everyone who is interested and/or passionate about aviation, food and travel and welcomes you to the site. Our aim is to inspire, invite and engage every armchair aviator to discover the restaurants and attractions scattered across the country.
The Air Fare America Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
a. Property Rights
The Air Fare America Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Air Fare America Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Air Fare America Services may be used or exploited in any way other than as part of the Air Fare America Services offered to you. You may own the physical media on which elements of the Air Fare America Services are delivered to you, but we retain full and complete ownership of the Air Fare America Services. We do not transfer title to any portion of the Air Fare America Services to you.
In order to access some features of the Services, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Air Fare America immediately of any breach of security or unauthorized use of your account.
Although Air Fare America will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Air Fare America or others due to such unauthorized use.
THE AIR FARE AMERICA SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
We do not allow uses of the Air Fare America Services that are commercial or business-related, or that advertise or offer to sell products or services (whether or not for profit), or that solicit others (including solicitations for contributions or donations). You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Air Fare America Service or connected network, or interfere with any person or entity’s use or enjoyment of any Air Fare America Service.
e. Third Party Services and Content
If you access an Air Fare America Service using an Apple iOS, Android or Microsoft Windows-powered device or Microsoft Xbox One, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary to this contract. However, these third-party beneficiaries are not a party to this contract and are not responsible for the provision or support of the Air Fare America Services. You agree that your access to the Air Fare America Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
- User Generated Content
The Air Fare America Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (hereinafter known as “User Generated Content”), which may be accessible and viewable by the public. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Air Fare America Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
a. Representations and Warrants
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through an Air Fare America Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
b. Prohibited Content
You must not post to the Service any Content that, as reasonably determined by Air Fare America, 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).
c. Protection of Content
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 Air Fare America or other third-party owner of the rights in that Content (if any).
d. Submissions and Unsolicited Ideas
Unless you have a separate written agreement with us, when you submit ideas, suggestions, documents, or proposals (collectively, “Submissions”) to Air Fare America, you represent, warrant, and agree that: (i) your Submissions and/or Unsolicited Ideas do not include confidential or proprietary information; (ii) if we so choose, Air Fare America may use and disclose your Submissions and/or Unsolicited Ideas in any way; and (iii) Air Fare America has no obligation to pay or reimburse you for your Submissions and/or Unsolicited Ideas or our use of your Submissions and/or Unsolicited Ideas.
- Monitoring of Service Content
Although we strive to maintain the high standards for Content which we have set for ourselves, 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 Air Fare America. Air Fare America 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.
a. Resolution of User Disputes
Right to Resolve Disputes. Air Fare America has the right, but not the obligation to resolve disputes between users relating to the Service and Air Fare America’s resolution of a particular dispute does not create an obligation to resolve any other dispute. Air Fare America’s resolution of any dispute is final with respect to the Service.
- Copyright Infringement/DMCA
Air Fare America 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 Air Fare America 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:
Air Fare America
1233 20th Street NW
Washington, D.C. 20036
Fax: (202) 785-5372
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.
Air Fare America 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.
- Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Air Fare America Services.
- Customer Support
Air Fare America commits to providing our users with customer support in connection with any request to remove proprietary information from the Service. Although we strive to answer all user questions, Air Fare America 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
- Choice of Forum
You agree that any action at law or in equity arising out of or relating to these Terms or the Air Fare America Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the city of Washington, D.C. United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
- Termination or Cancellation
Air Fare America 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 Air Fare America, our users, or any other person;
- requested by law enforcement or other government agencies; or
- your Account has extended periods of inactivity.
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. If your Account or access to the Service is terminated, you may no longer have access to the Content you posted on the Service.
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.
- Choice of Law
These Terms are governed by and construed in accordance with the laws of the City of Washington, D.C. and the laws of the United States, without giving effect to any conflict of law principles.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13.
No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Effective Date: February 11, 2015