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TERMS OF USE /
DISCLAIMER
Flying Aces Limited and its affiliates ("Flying
Aces" or "we") provide its content on this Web
site (the "Site") subject to the following terms
and conditions (the "Terms"). We may
periodically change the Terms, so please check
back from time to time. These Terms were last
updated on August 30, 2004. By accessing and
using this Site, you agree to these Terms. For
an explanation of Flying Aces' practices and
policies related to the collection, use, and
storage of our users' information, please read
our Privacy Policy.
1. Copyrights
All content and functionality on the Site,
including text, graphics, logos, icons, and
images and the selection and arrangement
thereof, is the exclusive property of Flying
Aces or its licensors and is protected by
British, U.S. and international copyright laws.
All rights not expressly granted are reserved.
2. Trademarks
The trademarks, service marks, designs, and
logos (collectively, the "Trademarks") displayed
on the Site are the registered and unregistered
Trademarks of Flying Aces and its licensors. You
agree that you will not refer to or attribute
any information to Flying Aces or its licensors
in any public medium (e.g., press release, Web
sites) for advertising or promotion purposes, or
for the purpose of informing or influencing any
third party and that you will not use or
reproduce any Trademark of, or imply any
endorsement by or relationship with, Flying Aces
or its licensors.
3. Use of Site Content
Flying Aces hereby grants you a non-exclusive,
non-transferable license for the term hereof to
access and download, display, and print one copy
of the content and functionality displayed on
the Site (the "Site Content") on any single
computer solely for your internal, business use,
provided that you do not modify the Site Content
in any way and that you retain all copyright and
other proprietary notices displayed on the Site
Content. You may not otherwise reproduce,
modify, distribute, transmit, post, or disclose
the Site Content without Flying Aces' prior
written consent.
4. User Postings
You acknowledge and agree that Flying Aces shall
own and have the unrestricted right to use,
publish, and otherwise exploit any and all
information that you post or otherwise publish
on the Site in postings, survey responses, and
otherwise, and you hereby waive any claims
against Flying Aces for any alleged or actual
infringements of any rights of privacy or
publicity, moral rights, or rights of
attribution in connection with Flying Aces’ use
and publication of such submissions. You
covenant that you shall not post or otherwise
publish on the Site any materials that (a) are
threatening, libellous, defamatory, or obscene;
(b) would constitute, or that encourage conduct
that would constitute, a criminal offence, give
rise to civil liability, or otherwise violate
law; (c) infringe the intellectual property,
privacy, or other rights of any third parties;
(d) contain a computer virus or other
destructive element; (e) contain advertising; or
(f) constitute or contain false or misleading
statements. Flying Aces does not and cannot
review all information posted to the Site by
users and is not responsible for such
information. However, Flying Aces reserves the
right to refuse to post and the right to remove
any information, in whole or in part, for any
reason or for no reason.
5. Notices of
Infringement and Takedown by Flying Aces
Flying Aces prohibits the posting of any
information that infringes or violates the
copyright rights and/or other intellectual
property rights (including rights of privacy and
publicity) of any person or entity. If you
believe that your intellectual property right
(or such a right that you are responsible for
enforcing) is infringed by any content on the
Site, please write to Flying Aces at the address
shown below, giving a written statement that
contains: (a) identification of the copyrighted
work and/or intellectual property right claimed
to have been infringed; (b) identification of
the allegedly infringing material on the Site
that is requested to be removed; (c) your name,
address, and daytime telephone number, and an
e-mail address if available; (d) a statement
that you have a good faith belief that the use
of the copyrighted work and/or exercise of the
intellectual property right is not authorized by
the owner, its agent, or the law; (e) a
statement that the information in the
notification is accurate, and, under penalty of
perjury, that the signatory is authorized to act
on behalf of the owner of the right that is
allegedly infringed; and (f) the signature of
the intellectual property right owner or someone
authorized on the owner's behalf to assert
infringement of the right. Flying Aces will
remove any posted submission that infringes the
copyright or other intellectual property right
of any person under U.S. law upon receipt of
such a statement (or any statement in
conformance with 17 U.S.C.? 512(c) (3)). U.S.
law provides significant penalties for
submitting such a statement falsely. Under
appropriate circumstances, persons who
repeatedly submit infringing or unlawful
material will be prohibited from posting further
submissions.
6. Disclaimers
THE CONTENT AND FUNCTIONALITY ON THE SITE IS
PROVIDED WITH THE UNDERSTANDING THAT FLYING ACES
IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL
ADVICE AND SERVICES TO YOU. ALL CONTENT AND
FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. FLYING ACES AND ITS
THIRD-PARTY CONTENT PROVIDERS MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, AS TO THE
OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE
CONTENT. FLYING ACES SHALL HAVE NO LIABILITY OR
RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON
LINKED WEB SITES, CONTAINED IN ANY USER
SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED
BY THIRD PARTIES. NEITHER FLYING ACES NOR ITS
THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES OR FOR LOST REVENUES OR
PROFITS, WHETHER OR NOT ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES AND
REGARDLESS OF THE THEORY OF LIABILITY.
7. Third-Party Web
Sites
We may provide links to third-party Web sites,
and some of the content appearing to be on this
Site is in fact supplied by third parties, for
example, in instances of framing of third-party
Web sites or incorporation through framesets of
content supplied by third-party servers. Flying
Aces has no responsibility for these third-party
Web sites, which are governed by the Terms of
Use and privacy policies, if any, of the
applicable third-party content providers.
8. Governing Law;
Jurisdiction
These Terms are governed by the laws of the
United Kingdom without reference to the
principles of conflicts of laws thereof.
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