These terms and conditions govern your use of this website; by using this website you accept these terms and conditions in full. If you disagree with all or any part of these terms and conditions, you must not use this website. You must be at least 16 years of age to use this website, and by using this website and you represent that you are at least 16 years of age.
License to Use Website
Unless otherwise stated, Aviation Broadcast, and www.aviationbroadcast.com, and their owners own the intellectual property rights in the website and material on the website including, but not limited to all copy, photos, graphics, and other materials presented herein. Subject to the license below, all of these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages (or other content) from the website for your personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: 1) Republish material from this website (including replication on another website, or: 2) Sell, License, Rent, or sub-license material from the website, or; 3) Show any material from the website in public, or; 4) Reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose, or: 5) Edit, or otherwise modify any material on the website, or; 6) Redistribute material from this website (except for content specifically and expressly made available for redistribution. Where content is specifically made for redistribution, it may only be redistributed with your organization.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability of accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan Horse, worm, keystroke logger, rootkit, or other malicious computer software. You must not conduct any systematic or automated data extraction or collection activities (including with limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without the expressed written consent of Martin Petera, Aviation Broadcast, or its owners, Martin Petera and Michael Dye. You must not use this website to transmit or sent unsolicited commercial communications. You must not use this website for any purposes related to marketing without the expressed written consent of Aviation Broadcast, Business Presentation Solutions, LLC (“BPS”), Mr. Martin Petera, or Mr. Michael Dye.
Access to certain areas of this website is prohibited. Aviation Broadcast reserves the right to restrict access to other areas of this website, or indeed, this entire website, at the owner’s discretion. If Aviation Broadcast provides you with an ID, Username, and/or Password to enable you to access restricted areas of this website or other content or services, you must agree that, and ensure that the ID, Username, and Password are kept confidential. Aviation Broadcast may disable your ID, Username, and Password in Aviation Broadcast’s sole discretion without notice or explanation.
In these terms and conditions, your “user content” means material (including without limitation text, images, audio material, video material, and audio-visual material, and personal form submission information) that you submit to this website for whatever purpose. Your User Content must not be illegal or unlawful, must not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action, whether against you, Aviation Broadcast, BPS, or the individuals that are identified in this site’s “About Us” section who are colleagues of Aviation Broadcast, and/or BPS. You must not submit any user content to the website that is or has been the subject of any threatened or actual legal action, proceedings, or other similar complaint. BPS reserves the right to edit or remove any material submitted to this website, or stored on (Icelab’s or Go-Daddy’s) servers, or hosed or published upon this website.
This website is provided “as is” without any representations or warranties, expressed or implied. Aviation Broadcast and Martin Petera and Michael Dye make no representations or warranties in relation to this website or the information or materials provided hereon. Without prejudice to the generality of the foregoing paragraph, Aviation Broadcast does not warrant that: 1) This website will be constantly available or available at all, or; 2) The information on this website is complete, true, accurate, or non-misleading. Nothing on this website constitutes, or is meant to constitute legal advice. If you require advice in relation to any legal matter, you should consult an appropriate professional.
Limits of Liability
Aviation Broadcast, Martin Petera and Michael Dye will not be liable to you (whether under the contract of law, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: 1) To the extent that the website is provided free of charge, for any direct loss, or; 2) for an indirect, special, or consequential loss, or; 3) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations apply even if Aviation Broadcast has been advised of the potential loss. By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website. You accept that, as a limited liability entity, Aviation Broadcast has an interest in limiting the liability of its officers and employees. You agree that you will not bring any claim against Aviation Broadcast’s officers or employees in respect to any losses you suffer in connection with the use of this website. With prejudice to the foregoing sub-paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect BPS’ officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as BPS and Michael Dye. If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnify, Breach, and Governing Law
You hereby indemnify Aviation Broadcast and BPS and undertake to keep Aviation Broadcast, Martin Petera, BPS, and Michael Dye indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by you to a third party in settlement or a claim or dispute on the advice of Aviation Broadcast and BPS’ legal advisors) incurred or suffered by you arising out of any breach by you of any provision of these terms and conditions. BPS may revise these terms from time to time. These terms and conditions will be governed by and construed in accordance with the laws of Arapahoe County, State of Colorado, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts in Arapahoe County, Colorado.