Airwayv.com — Terms of Use

Last updated: June 21, 2016

Welcome to Airwayv.com!

YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AND CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE PLATFORM, OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE PLATFORM AND YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION.

Airwayv.com, including all of its features and content (collectively, the “Website”) are made available by Airwayv Media, Inc. (“Company”) and all content, information, services, designs, names, logos, text, photographs, video, audio, audiovisual works, graphics, user interfaces, and software provided on or through the Website (collectively, the “Content”) may be used solely under the following legally binding terms and conditions of use (“Terms of Use”).  Your use of the Website and the services offered therein (collectively, the “Service”) constitutes your acceptance of these Terms of Use, as may be amended from time to time.  We may change the terms of these Terms of Use at any time. Whenever we make a material change, we will post or otherwise make available the revised policy. The effective date of the most recent version of these terms will appear at the top of this page. IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THIS WEBSITE OR THE SERVICE.

Notwithstanding any mobile application platform or other website, service or entity through which you access the Website and the Service, these Terms of Use are between you and Company only, and not with any such platform, device provider, wireless carrier, venue or any other third party. You will use the Website and the Service in compliance with any applicable laws, rules and regulations.

 

1. Website Limited License.

1.1 The Website and Content are protected by copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. As a visitor to the Website you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content (and any updates thereto) in accordance with these Terms of Use. Company may terminate this license, or change, suspend or discontinue any aspect of the Website or the Service at any time for any reason. In addition, Company makes no representation or warranty that particular Content will be available (or will continue to be available) at any particular time, that access to the Website or the Service will be maintained, and Company is under no obligation to undergo an update of the Website or the Service to the extent any material, content and/or features contained therein or related thereto is out of date.  This license terminates automatically upon any unauthorized use. 

2. Fees and Payments.

2.1. The Website enables you to purchase certain goods and services. When you provide any payment information in connection with any purchase, you represent that you are the owner or authorized user of such payment information.  You may be directed to a third party website in order to make a purchase.  These Terms of Use will not apply to your use of any third party website or to your purchase of those goods and services and you agree to comply with any terms of use of such third party website in full. Therefore, please review the terms governing your use of those third party websites and your purchases thereon.

3. Limitations on Use; Third Party Communications.

3.1. Limitations on Use. Unless otherwise agreed by you and Company in a separate written agreement, the Content on this Website is for your personal use only and not for commercial exploitation.  You may not use this Website or the Content for any illegal purpose, in any illegal manner or in any manner inconsistent with these Terms of Use.  You may not decompile, recompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content. You may not use any network monitoring or discovery software to determine the Website’s architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, crawler, scraper or any other automatic software or a camera or other device, or manual process to monitor or copy the Website or the Content. You may not use this Website to transmit any false, misleading, fraudulent or illegal communications. Except as permitted by these Terms of Use, the Website or the Service (e.g., posting articles to Facebook, Twitter, etc.), you may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, noncommercial or public purposes all or any portion of this Website or the Content. You may not use, transfer, distribute or dispose of this Website or the Content in any manner that could compete with the business of Company.  You may not use or otherwise export or re-export this Website, any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Website or its Content is prohibited.

3.2. Third Party Communications. Company disclaims all liability for any Third Party Communications (as defined below), that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Website or Content.

4. Intellectual Property Rights.

4.1 You acknowledge and agree that Company and/or its licensors and other partners retain all right, title and interest in and to the Website and the Service, including all Content therein and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (“Service IP”). You agree not to use any Service IP in any way other than within the terms of the License granted herein.  Company reserves all ownership or other rights in the Website, the Service and the Content not specifically licensed under these Terms of Use.

5. Linking to this Website. You may provide links to this Website, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Website, including any Content, advertisements, terms of use, copyright notices, or other notices on this Website, (b) you immediately deactivate and discontinue providing links to this Website if requested by Company and (c) Company may deactivate any link(s) at its sole discretion. 

6. Advertisers. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Website is accurate and complies with applicable laws. Company will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

7. Errors and Corrections. Company does not represent or warrant that this Website or the Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Company does not warrant or represent that the Content available on or through this Website will be correct, accurate, timely, or otherwise reliable. Company may make improvements and/or changes to its features, functionality, or Content at any time.

8. Third Party Content. Third party content may appear on the Website or may be accessible via links from the Website. Company shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Company.

9. Assumption of Risk. Unless prohibited by law, you assume all liability for any claims, suits or grievances filed against you.

10. DISCLAIMER. UNLESS PROHIBITED BY LAW, THE WEBSITE, THE SERVICE, AND THE CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNLESS PROHIBITED BY LAW, COMPANY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE WEBSITE, THE SERVICE, OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE WEBSITE, THE SERVICE, THE CONTENT, OR ANY PORTION THEREOF, (E) YOUR USE OF THE WEBSITE, THE SERVICE, OR THE CONTENT OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEBSITE, THE SERVICE, OR THE CONTENT.

UNLESS PROHIBITED BY LAW, COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ANY OF THE MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, RENTED, SOLD, OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICE. ALL TRANSACTIONS FOR MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, SHALL SOLELY BE BETWEEN THE USER AND THE THIRD PARTY SELLER, DISTRIBUTOR, OR MANUFACTURER.

IF YOU PURCHASE, ORDER, OR OBTAIN PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, ON OR THROUGH THE WEBSITE OR SERVICE, NOTE THAT COMPANY HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES, THE TRUTH OR ACCURACY OF THE CONTENT, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES.

11. LIMITATION OF LIABILITY. UNLESS PROHIBITED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE, THE SERVICE, THE CONTENT OR ANY THIRD PARTY COMMUNICATIONS. UNLESS PROHIBITED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, THE CONTENT OR ANY THIRD PARTY COMMUNICATIONS. UNLESS PROHIBITED BY LAW, TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, COMPANY’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

UNLESS PROHIBITED BY LAW, YOU AGREE THAT COMPANY IS NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY TO YOU, WITH RESPECT TO PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, SOLD, RENTED OR OTHERWISE AVAILABLE ON OR THROUGH THE WEBSITE OR SERVICE.

YOU AND COMPANY AGREE THAT, UNLESS PROHIBITED BY LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT, UNLESS PROHIBITED BY LAW, NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY AND ALL PARTIES TO ANY SUCH PROCEEDING.

12. Indemnification. You agree to indemnify, defend and hold harmless Company, its present and future officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Website from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you and/or any false, infringing or misleading information that you submit to Company.  Notwithstanding the foregoing, you shall not be obligated to indemnify Company for any act or omission of Company that constitutes negligence or breach of a duty imposed on Company by applicable law.

13. Third Party Rights. The provisions of paragraphs 10 (Disclaimer), 11 (Limitation of Liability) and 12 (Indemnification) are for the benefit of Company and its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on their own behalf.

14. Termination of Access. Company reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action Company deems appropriate.

15. Remedies for Violations. Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to the Website and any other Company websites and their features.

16. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the internal law of the State of New York without reference to its principles of conflicts of laws and any action arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in the State of New York in the County of New York and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.

17. Privacy. Your use of the Website and the Service is subject to Company’s Privacy Policy, a link to which is here.

18. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on the Website and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Website, and the Content. If any provision of these Terms of Use is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.