Terms of Service

This is a legally binding agreement between you (or your organization) and Awarnys LLC, a Colorado Limited Liability Corporation (LLC). Please read it, because it is important. Suggestions and questions may be directed to support@awarnys.com.

Definitions

We’re going to use some shorthand to make this easier to read. When we say “Service”, we mean Aviation™ by Awarnys™. When we say “we”, “us”, or “our”, we mean Awarnys LLC, a Colorado LLC. When we say “you” or “your”, we mean you or the organization on behalf of which you are entering into this agreement. When we say “your content”, we mean any text, sound, graphics, data, files, or other material which you post, upload, or otherwise share via the Service; similarly, when we say “our content”, we mean the text, sound, graphics, data, files, software, and other material owned by us. And when we say “terms”, we mean these Terms of Use and our Privacy Policy.

Acceptance

Please read these terms before using Aviation™ by Awarnys™. If you do not agree to them, you may not register for the Service. If we make material changes to these terms, we’ll let you know either through the Service or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel your account to support@awarnys.com. If we do not hear from you within ten days, the revised terms will apply to you. Where applicable, these terms may be subject to the Wikimedia Foundation’s Terms of Use.

Privacy Policy

Use of the Service is subject to our Privacy Policy.

Permitted Users

Aviation™ by Awarnys™ is designed for use by adults in the United States. You must be thirteen years of age or older to use it. When you use the Service, you represent and warrant that you have the legal capacity to form a binding contract with us, and are doing so by your agreement to these terms.

Copyright and Content

All Aviation™ by Awarnys™ content (other than our trademarks), whether posted by us or you, is available pursuant to the terms of the Creative Commons Attribution/Share-Alike License.

Trademarks

Awarnys™ is a trademark or registered trademarks of Awarnys LLC in the United States and other foreign countries. Our trademarks may not be used in any way, including with any product or service, without our express written permission.

Notification of Copyright Infringement (DMCA)

We deal with copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA). You may not post, upload, or otherwise place any content or information via the Service that belongs to a third party, unless you have the legal right to do so. If you believe that any such information or content has been posted via the Service, please send a notice of copyright infringement containing the following information to the designated agent at the address below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Contact information for the notifying party, including name, address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Upon notification of claimed infringement, we will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity. We will also notify the person who posted, uploaded, or otherwise placed the allegedly infringing material in the Service that we have removed or disabled access to such material.

If you believe that material has been removed improperly, you must send a written counter notification to the agent, and include:

  • A physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification;
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original notification or an agent of such person.

Upon receipt of a counter notification complying with these requirements, we will promptly provide the original reporter with a copy of the counter notification, and inform that person that we may replace the removed material or cease disabling access to it if we do not receive notice within ten business days that the original reporter is seeking a court order to prevent further infringement of the material at issue.

Designated Agent

Awarnys LLC
PO Box 163
Crested Butte, CO 81224

Rules

We have some ground rules that you must adhere to when using the Service. You agree not to do any of the following:

  • Threaten other users with violence.
  • Use hateful, abusive, harassing, libelous, or obscene language towards other users.
  • Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right.
  • Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation.
  • Use the Service to send spam, chain letters, junk mail, or any other type of unsolicited mass email.
  • Use the Service to distribute viruses or other harmful, disruptive, or destructive files.
  • Use or attempt to use another person’s account.
  • Disrupt or interfere with the security of, or otherwise abuse, the Service, or any servers or networks connected to the Service.
  • Attempt to obtain unauthorized access to the Service.
  • Impersonate another person.
  • Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials.
  • Systematically harvest data from the Service, or programmatically register accounts on the Service.

You further agree that you are responsible for your actions in relation to the Service, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and that you will comply with all applicable local, state, national, and international laws and regulations, including without limitation those related to privacy, collection, and email creation and delivery. If it appears you have violated any of these rules, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.

Canceling Your Account

You can cancel your account at any time by sending an email to support@awarnys.com.

Disclaimer of Warranties

We will strive to prevent interruptions to Aviation™ by Awarnys™ and to be good stewards of your content. However, the Service is provided on an “as is” and “as available” basis. To the fullest extent permissible under applicable law, we disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the Service will meet your requirements, or that the Service will be uninterrupted, secure, or error-free, or that defects, if any, will be corrected; nor do we make any warranty as to the results that will be obtained from use of the Service. You understand that you download from or otherwise obtain content through the Service at your own discretion and risk. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

Limitations of Liability

Under no circumstances – including, without limitation, negligence – shall we be liable for any direct, indirect, incidental, special, or consequential damages, resulting from (1) the use or the inability to use the Service; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, savings, data, or other intangibles, even if we have been advised of the possibility of such damages. You agree that we are not liable for any failure to deliver, hold or store data, information, materials or content transmitted through the Service. If you are dissatisfied with the Service, your sole remedy is to discontinue use of the Service. In no event will we be liable to you for more than the actual dollar amount you have paid for your use of the Service in the twelve months preceding any claim. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of these terms. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

Linked Sites

Aviation™ by Awarnys™ may contain links to third-party websites. We do not control and are not responsible for the content or privacy policies of any linked site or of any link contained in a linked site. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site. Access to any linked site and participation in any activity or transaction on any linked site are at your own risk.

Right to Terminate

We may at any time decide to alter, amend, modify, or terminate the Service, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the Service or any portion or functionality of it will continue to operate or be available for any particular period of time.

General

These terms shall be governed by and construed in accordance with the laws of the state of Colorado, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the Service in the courts located within Boulder County, Colorado, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the Service or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the Service. You may not assign any right, interest, or benefit provided under these terms or through the Service without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral, or written, between you and us with respect to the Service. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Credit

Portions of this document are borrowed – with permission – from Editorially (now defunct) under a Creative Commons Attribution-ShareAlike license.