Last updated: October, 2023
The use of our website, accessible from <https://aviation-observer.com>, or the use of our online applications for smartphones, tablets and other mobile devices, as well as the use of our services or online content, are subject to the following terms and conditions of use. The Terms of Use are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully.
If you access and use this website, you accept and agree to be bound by and comply with the Terms of Use and our Privacy Policy. If you do not agree to the Terms of Use or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.
Limited License
You may access and view the content on the Services on your computer or other devices and, unless otherwise indicated in these Terms of Use or on the Services, make single copies or prints of such content for your personal, internal use only. Use of the Services and the services offered on or through the Services are only for your personal, non-commercial use. Further, with respect to our subscriptions, each account is for a single user only. You are responsible for activity that occurs through your account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), you should maintain control over the devices that are used to access the service and not reveal the password or details of the payment method associated to the account to anyone. You are not allowed to share your account login credentials or give your login credentials to anyone else. We may cancel or suspend access to your account if in our sole determination it is being accessed by multiple users.
Registration Information
In the course of your use of the Services, you may be asked to register or otherwise provide certain personalized information to us and/or to create a username and password. AVIATION OBSERVER’s information collection and use policies with respect to the privacy of such Registration Information are set forth in the Services’ Privacy Policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete and correct; and (b) you will maintain the accuracy and completeness of such information. You will be responsible for maintaining the confidentiality of your password and user name and for restricting access to your computer and information so others may not access our Services using your Registration Information. We will not be responsible for misuse of your Registration Information by any third party, whether authorized by you or not. You are responsible for all activities that occur under your Registration Information. You agree to immediately notify AVIATION OBSERVER of any unauthorized use, or suspected unauthorized use, of your Registration Information or any other breach of security. AVIATION OBSERVER cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Prohibited Use
Any commercial or promotional distribution, publishing or exploitation of the Services is strictly prohibited unless you have received the express prior written permission from authorized personnel of AVIATION OBSERVER or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Services. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Services, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Services. If you make other use of the Services, except as otherwise provided above, you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Linking to the Services
You agree that if you include a link from any other websites to the Services, such link shall link to the full version of an HTML formatted page of the Services. You are not permitted to link directly to any image hosted on the Services or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted on the Services on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to the Services in any manner such that the Services, or any page of the Services, are “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Services be discontinued, and to revoke your right to link to the Services from any other websites at any time upon written notice to you.
Content Feeds
RSS (really simple syndication) service and other syndication formats such as Atom, as well as APIs (application programming interfaces) are means by which AVIATION OBSERVER offers feeds of story headlines in XML or JSON format to visitors to the Services who use the applicable Feed aggregators. You must use the Content Feeds as provided by AVIATION OBSERVER, and you may not edit or modify the text, content or links supplied by AVIATION OBSERVER. The applicable Content Feed service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the Services. You may not display the AVIATION OBSERVER Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Services web page. You may not insert any intermediate page, splash page or other content between the Content Feed link and the applicable Services web page. You must provide attribution to the appropriate Services in connection with your use of the Content Feeds. If you provide this attribution using a graphic, you must use the appropriate Services logo that we have incorporated into the Content Feed. AVIATION OBSERVER reserves the right to discontinue providing any or all of the Content Feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the Content Feeds for any reason including, without limitation, your violation of any provision of these Terms of Use. AVIATION OBSERVER assumes no liability for any of your activities in connection with the Content Feeds or for your use of the Content Feeds in connection with your websites or any other properties.
DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS OR USEFULNESS OF CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
WE DO NOT WARRANT THAT THE SERVICES OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SERVICES OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS.
NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
AVIATION OBSERVER ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL AVIATION OBSERVER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFF.
YOU USE THE SERVICES AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SERVICES IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SERVICES AT ANY TIME AND WITHOUT ANY PRIOR WARNING.
AVIATION OBSERVER NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICES, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED AVIATION OBSERVER EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE SERVICES). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, AVIATION OBSERVER AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SERVICES OR IN CORRESPONDENCE WITH AVIATION OBSERVER OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SERVICES ARE PROVIDED BY AVIATION OBSERVER “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND AVIATION OBSERVER OR ITS LICENSOR OR SUPPLIER.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AVIATION OBSERVER, OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SERVICES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SERVICES.
Applicable Laws
We control and operate the Services from our offices in France. We do not represent that materials on the Services are appropriate or available for use in other locations. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of France without giving effect to any law that would result in the application of the law of another jurisdiction.
Termination
AVIATION OBSERVER may terminate, change, suspend or discontinue any aspect of the Services or the Services’ services at any time. AVIATION OBSERVER may restrict, suspend or terminate your access to the Services and/or its services if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. Without limitation, AVIATION OBSERVER may, in its sole discretion and without liability, terminate the Services use privileges of users who are repeat infringers of intellectual property rights.