Terms of Use

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veraberock

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Aug 19, 2002
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Dear Visitors,
Today we permanently banned an individual from our boards who posted a “subscription only†article from the Plane Business web site. The user did not have the permission from Plane Business to post this column, and the principals at Plane Business have the right to protect their interests and take legal action against the individual. As a reminder, our terms of use are located in a link at the bottom of our site, and have been included in this post. Please keep these Terms of Use in mind as you participate in the USaviation.com Aviation Forums. Thank you very much for your kind attention.
Kevin
USaviation.com
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The USaviation.com Web site is an interactive online service operated by USaviation.com LLC.
User Agreement. In order to protect the interests of all of our users, as well as those of our information providers, we ask that you abide by the following rules. By registering as a user or by using USaviation.com (the “Serviceâ€), you hereby agree to be bound by all of the following terms and conditions (“Terms of Service†or “TOSâ€).
Copyright Notice and Limitations on Use. All of the information, content and services (collectively, the “Contentâ€) within this Service are protected by copyright and other intellectual property laws. The Content is owned by USaviation.com and its affiliated companies, licensors and suppliers. The Content is intended for personal use only. While you may interact with or download a single copy of any portion of the Content for your personal, noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, repost or otherwise use any portion of the Content in any other way or for any other purpose without the written consent of USaviation.com. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to Permissions, USaviation.com, PO Box 181, Wayne PA 19087.
You acknowledge that the Content includes certain trademarks and service marks owned by USaviation.com including USaviation.com and certain logotypes, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content.
If you operate a Web site and wish to link to the Service, you must link to the Service’s home page unless permission otherwise has been granted in writing by USaviation.com Permissions. USaviation.com reserves the right to reject or terminate any links to the Content or the Service.
Interactive Areas. You may not use the Service’s message boards, bulletin boards, pre-defined mail-form's or chat rooms for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.
Given the nature of the Service and the volume of messages and postings, USaviation.com cannot and does not monitor all of the material posted or transmitted by users and third-party information providers. While you agree that the Service will not be liable for such third-party content, USaviation.com reserves the right to delete, move or edit any communications that it deems in its sole discretion to be: violative of this agreement; harmful to individuals or communities; obscene; defamatory; in violation of USaviation.com’s or any third-party’s rights; or otherwise unacceptable.
User Content. By placing material on or communicating with USaviation.com, you hereby grant to USaviation.com and their affiliates and related entities (collectively, “the partnersâ€) the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold USaviation.com and the partners harmless against any claims or costs, including attorneys’ fees, arising from the use or distribution of those materials. You further grant USaviation.com and the partners the right to use your name in connection with the reproduction or distribution of such material.
Copyrights and Copyright Agents. It is the policy of USaviation.com to respond to claims of intellectual property infringement. USaviation.com will promptly process and investigate notices of alleged infringement.
Only a Venue
THE MESSAGE BOARDS PORTION OF THE USAVIATION.COM'S SITE ACTS AS THE VENUE FOR INDIVIDUALS TO SHARE OPINIONS AND INFORMATION THEY DEEM TO BE TRUE AND ACCURATE. YOU UNDERSTAND AND AGREE THAT USAVIATION.COM IS ACTING SOLELY AS A MERE PASSIVE CONDUIT BY MEANS OF WHICH INDIVIDUALS ARE ABLE TO SHARE INFORMATION VIA MESSAGES POSTED ON THE MESSAGE BOARDS AND, BY EXTENSION, THE USAVIATION.COM WEB SITE GENERALLY. THIS AGREEMENT SHALL NOT BE DEEMED TO CREATE ANY PARTNERSHIP, JOINT VENTURE, OTHER JOINT BUSINESS RELATIONSHIP, TRUST, AGENCY OR FIDUCIARY RELATIONSHIP BETWEEN ANY OF THE PARTIES AND YOU UNDERSTAND AND AGREE THAT THERE SHALL NOT BE ANY INTEGRATION BETWEEN THE PARTIES.
If you have a dispute with one or more users, you release USaviation.com (and our agents, directors, officers, employees and representatives) from any and all claims, demands and damages, direct, indirect, special, incidental, actual and consequential, of any kind and nature, including but not limited to, defamation, slander and libel, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the Message Boards and the USaviation.com site. You also waive any rights that you may have by reason of any common law or statute applicable at the time of the dispute.
FOR LEGAL REASONS, WE CANNOT NOR DO WE TRY TO CONTROL THE INFORMATION PROVIDED BY OTHER USERS WHICH IS MADE AVAILABLE THROUGH THE MESSAGE BOARDS. USAVIATION.COM PLAYS NO PART WHATSOEVER IN THE GENERATION OR DEVISING OF SUCH INFORMATION. BY ITS VERY NATURE, OTHER PEOPLE'S INFORMATION MAY BE INACCURATE, AND IN SOME CASES WILL BE MISLABELLED OR DECEPTIVELY LABELLED. WE EXPECT THAT YOU WILL USE CAUTION - AND COMMON SENSE - WHEN USING THE USAVIATION.COM SITE. IN PARTICULAR, YOU SHOULD NOT PLACE ANY RELIANCE ON THE CONTENT OF THE MESSAGE BOARDS FOR THE PURPOSE OF MAKING ANY KIND OF DECISION AS TO IT'S ACCURACY, VALIDATION OR SOURCE. OPINIONS OR OTHER INFORMATION REFERRED TO IN THE MESSAGE BOARDS MAY NOT BE SUITABLE FOR YOU NOR MAY YOU AGREE WITH THE OPINIONS OR OTHER INFORMATION.
Third Party Content. USaviation.com is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, USaviation.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of The USaviation.com are those of the respective author(s) or distributor(s) and not of USaviation.com. Neither USaviation.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
USaviation.com encourages you to exercise discretion while browsing the Internet using the USaviation.com site. USaviation.com makes no representations concerning any endeavor to review the content of the USaviation.com site or any of the Materials, and so USaviation.com is not responsible for the accuracy, copyright compliance, or legality of material contained in the USaviation.com site or in the Materials.
General Disclaimer and Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER USaviation.com, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS†BASIS, AND USaviation.com SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT.
USaviation.com, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF USaviation.com, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
Miscellaneous. USaviation.com reserves the right at its discretion to change these Terms of Service and will notify users of any such changes by online postings. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. The Service may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of the Content at any time, without notice or liability.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Service must be filed in the federal or state courts located in Pennsylvania, within one year after the cause of action arises or the cause is barred.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY.
 
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