1. Notice/Acceptance of Terms
This Global Terms of Service Agreement (the "Agreement") is a contract between you and DigitalAirways.tv, and/or its affiliates, sister companies or subsidiaries (collectively, "DigitalAirways.tv"). This Agreement governs your use of the Site (as defined below). Be sure that you carefully read and fully understand this Agreement. DigitalAirways.tv is willing to provide you with access to the Site only on the condition that you accept all of the terms and conditions contained in this Agreement. Your use of the Site, including any of the products or services offered on the Site, will constitute your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE.
The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional disclaimers, guidelines, rules, terms or conditions of specific application on any particular page of this Site.
2. Description of Service
DigitalAirways.tv currently provides users with access to a wide variety of online information through DigitalAirways.tv's network of World Wide Web properties, as amended from time to time, (collectively, the "Site"). Certain products or services may be available only in certain jurisdictions and are void where prohibited by law. Your eligibility for particular products and services offered by DigitalAirways.tv, or any of its affiliates, is subject to final approval and acceptance by DigitalAirways.tv. DigitalAirways.tv assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. DigitalAirways.tv makes no representations, warranties or assurances as to the availability of the Site.
Except as expressly provided otherwise in an applicable Supplemental Agreement, DigitalAirways.tv grants you a personal, revocable, non-transferable and non-exclusive license to display on your computer, print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for non-commercial, personal or educational purposes only, provided that:
No other use is permitted. Without limiting the generality of the foregoing, you may not:
You agree not to access the data presented by Site by any means other than the intended use through the end user interfaces provided by DigitalAirways.tv. This includes but is not limited to, any web application. Use of Site Application Program Interface (API) without express written consent from DigitalAirways.tv is strictly prohibited and may result in legal action to the fullest extent of the law.
Notwithstanding the above, nothing contained in this license shall be construed as conferring any right under any intellectual property of DigitalAirways.tv, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site.
4. Intellectual Property
DIGITALAIRWAYS.TV®, CzechFlix® and the related logos are trademarks of DigitalAirways.tv. The names, graphics, logos, icons, designs, words, titles and phrases on this Site constitute trademarks, trade names, trade dress and associated products and services of DigitalAirways.tv or its affiliates. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of DigitalAirways.tv or the relevant trademark owner is strictly prohibited.
The trademarks for all products or services mentioned on this Site which are not those of DigitalAirways.tv are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of them is strictly prohibited.
Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of federal, state or common law trademark and/or copyright laws, and could subject such person to legal action.
5. Modifications to Site
DigitalAirways.tv reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that DigitalAirways.tv shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change. DigitalAirways.tv endeavors to keep the information posted on this Site current, however, such information is subject to change at any time without notice to you and the posted information on this Site may not immediately reflect such changes.
6. Registration Obligations
In consideration of your use of the Site, where you have provided DigitalAirways.tv with information about yourself in response to prompting by the Site (for example, when prompted by the Site's registration forms), you agree that such information will be accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete as of the date the information was provided, or DigitalAirways.tv has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DigitalAirways.tv has the right, without limitation, to suspend or terminate any of your accounts and to refuse any and all current or future use of the Site (or any portion thereof).
7. Member Account; Password and Security
DigitalAirways.tv may supply you with a password and account designation upon completing the Site registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify DigitalAirways.tv of any unauthorized use of your password or account, or any other breach of security of which you are aware, and to ensure that you properly close out of your account at the end of each session. DigitalAirways.tv assumes no liability for any loss or damage arising from your failure to comply with this section.
8. User Content Posted on the site
You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials, "blogging," or engaging in any form of communication in connection with this Site) (collectively "User Content") to bulletin boards, chat rooms or other public areas within, or in connection with, this Site (collectively the "Forums"). You are solely responsible for such User Content.
DigitalAirways.tv does not endorse and has no control over the User Content submitted by others to Forums. User Content submitted to Forums is not necessarily reviewed by DigitalAirways.tv prior to posting and does not necessarily reflect the opinions or policies of DigitalAirways.tv. DigitalAirways.tv makes no warranties, express or implied, as to such User Content or its accuracy and reliability. Nonetheless, DigitalAirways.tv reserves the right to prevent you from submitting User Content to Forums and to edit, restrict or remove such User Content, in whole or in part, for any reason at any time.
DigitalAirways.tv assumes no responsibility for actively monitoring Forums for inappropriate User Content. If, at any time DigitalAirways.tv chooses, in its sole discretion, to monitor the Forums, DigitalAirways.tv nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any User Content. In submitting User Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that DigitalAirways.tv accepts no liability whatsoever if it determines to prevent your User Content from being submitted or if it edits, restricts or removes your User Content. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use, and not to restrict or inhibit the use of the Site by any other person.
You agree to release DigitalAirways.tv, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of the Forums. If at any time you are not happy with the Forums or object to any material within the Forums, your sole remedy is to cease using them.
9. Proprietary Rights in User Content Posted on the Site
General. You agree that any User Content whatsoever posted by you to the public areas of the Site (excluding blogs) becomes the property of DigitalAirways.tv and may be used, copied, sublicensed, adapted, transmitted, translated, distributed, publicly performed, displayed or deleted as DigitalAirways.tv sees fit. You represent and warrant that: (i) you own the User Content posted by you on the Site; (ii) your User Content does not violate the privacy rights, publicity rights, copyright rights, patent rights, trade secrets, intellectual property rights, or any other rights of any person or entity; and (iii) the posting of your User Content on the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content you post on the Site.
Blogs. By posting any User Content to the blog areas of the Site, you hereby grant to DigitalAirways.tv the non-exclusive, fully paid and royalty-free, worldwide license to use, copy, sublicense, adapt, transmit, translate, distribute, publicly perform, publicly display, modify, and translate such User Content. This license will terminate at the time you remove such User Content from the Site. Notwithstanding the foregoing, a back-up or residual copy of the User Content posted by you to the blog areas of the Site may remain on the DigitalAirways.tv servers after you have removed such User Content from the Site, and DigitalAirways.tv retains the rights to those copies. You represent and warrant that: (i) you own the User Content posted by you to the blog areas of the Site or otherwise have the right to grant the license set forth in this section; (ii) your User Content does not violate the privacy rights, publicity rights, copyright rights, patent rights, trade secrets, intellectual property rights, or any other rights of any person or entity; and (iii) the posting of your User Content to the blog areas of the Site does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content you post to the blog areas of the Site.
10. Prohibited Content and/or Activity
You must use the Site in a manner consistent with any and all applicable laws and regulations. The following is a partial list of the kind of User Content that is illegal or prohibited on the Site. DigitalAirways.tv reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, without limitation, removing the offending User Content from the Site and terminating the Site rights and permissions of such violators. Prohibited content includes User Content that:
The following is a partial list of the kind of activity that is illegal or prohibited on the Site. DigitalAirways.tv reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
You agree to abide by all applicable local, state and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, any of the User Content created by you.
You acknowledge that User Content is not endorsed by DigitalAirways.tv and such User Content should not be considered to have been reviewed, screened or approved by DigitalAirways.tv. Information found in Forums is intended to be used as a starting point for doing independent research on various companies, technologies, products, services, and related matters. You should exercise discretion before relying on information contained in User Content. You agree to evaluate, and assume all risks associated with the use of any User Content, including, without limitation, any risk relating to any reliance on the accuracy, completeness, or usefulness of such User Content. DigitalAirways.tv assumes no responsibility for the information contained in User Content.
You agree that DigitalAirways.tv, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove any User Content from a Forum offered by DigitalAirways.tv, at any time and for any or no reason. You agree that DigitalAirways.tv shall not be liable to you or any third party for any termination of your access to the Site or deletion of any User Content on the Site.
You acknowledge and agree that DigitalAirways.tv may preserve and disclose User Content at any time and for any reason, including, but not limited to, if required by law or if DigitalAirways.tv believes in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party's rights, or protect the right, property or personal safety of DigitalAirways.tv, any users of the Site, and the public. You also acknowledge that the technical processing and transmission of the Site, including User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
11. User Communications
12. Third Party Links and Advertising
This Site may provide links or references to other sites. If DigitalAirways.tv has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that DigitalAirways.tv is connected with, operates or controls these websites.
DigitalAirways.tv makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. DigitalAirways.tv disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that DigitalAirways.tv endorses the content of such sites. Where DigitalAirways.tv is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement unless a specific Supplemental Agreement is applicable to the use or display of that content.
DigitalAirways.tv takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of DigitalAirways.tv. You agree that DigitalAirways.tv shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, "Claims") incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify DigitalAirways.tv and its affiliates from and against any Claims incurred as the result of any such dealings.
If you are interested in creating hypertext links to this Site, you must contact DigitalAirways.tv at email@example.com, before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or DigitalAirways.tv, including its respective employees, agents, directors, officers and shareholders.
13. Disclaimer of Warranties
Except as expressly provided otherwise in an applicable Supplemental Agreement, DigitalAirways.tv disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. DigitalAirways.tv disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.
Any communications sent to you via this Site or otherwise from DigitalAirways.tv (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including, without limitation, any technology, financial, investment, corporate, or tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, financial, or tax advice and should not be relied upon in that regard. Your financial circumstances and tax situation is unique. Therefore, you should independently consult a lawyer or tax advisor.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, DIGITALAIRWAYS.TV AND ITS DATA PROVIDERS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE, BUT ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. DIGITALAIRWAYS.TV AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS AND SERVICES OFFERED ON THE SITE. DIGITALAIRWAYS.TV AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.
Some jurisdictions do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
14. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL DIGITALAIRWAYS.TV, ANY OF DIGITALAIRWAYS.TV' AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY THE "SITE PROVIDERS"), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM DIGITALAIRWAYS.TV (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold harmless DigitalAirways.tv and its affiliates from and against any Claims arising out of or relating to: (i) User Content you submit, post to or transmit through the Site; or (ii) your violation of any rights of any other person in connection with the Site.
16. Copyright Infringement
If you believe that any material contained in this Site infringes your copyright, you should notify DigitalAirways.tv of your copyright infringement claim in accordance with the following procedure.
DigitalAirways.tv will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent who is:
Attn: DMCA Agent
7585 E Redfield Road, Ste. 210
Scottsdale, AZ 85260
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
Emails sent to dmca@DigitalAirways.tv.com for purposes other than communication about copyright claims may not be acknowledged or responded to.
17. Privacy and Security
To the extent any such data or information is collected or generated by DigitalAirways.tv, the data and information will be solely owned by DigitalAirways.tv and may be used by DigitalAirways.tv for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated form, without directly identifying you as the source thereof.
18. Other Agreements
A. Governing Law. This Agreement shall be governed by the laws of the State of Arizona, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in the county of Maricopa, State of Arizona.
B. Entire Agreement. This Agreement, along with any Supplemental Agreements, is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of DigitalAirways.tv, which are not included in this Agreement, shall be binding on DigitalAirways.tv or its affiliates.
C. Amendments. Neither you nor DigitalAirways.tv may modify or amend this Agreement, in whole or in part without the prior written consent of both you and an authorized representative of DigitalAirways.tv. However, DigitalAirways.tv may replace this Terms of Service Agreement from time to time and your subsequent use of the Site, or any content, programs or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Global Terms of Service Agreement regularly for any modifications.
D. Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and DigitalAirways.tv. DigitalAirways.tv' failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
E. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
F. Miscellaneous. This Agreement shall inure to the benefit of DigitalAirways.tv and its subsidiaries and affiliates. Any and all references in this Agreement to DigitalAirways.tv and its affiliates, including without limitation pursuant to Sections 14 and 15 shall, where the context so permits, include DigitalAirways.tv' parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third party content or third party software on or through a link provided on the Site.
G. Assignment. DigitalAirways.tv may assign its rights and duties under this Agreement to any party at any time without notice to you.
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