Terms, Conditions, Notices and Privacy Policy for all apps:
Our appss are provided solely to entertain customers and for no other purposes. The terms “we”, “us”, “our” refer to aeroTELEGRAPH GmbH, a Swiss corporation and/or our subsidiaries. The term “you” refers to the customer visiting the apps and/or contributing content on this . By using the apps or visiting the website you accept these terms and conditions.
These apps are offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “agreement”). By accessing or using the apps in any manner, you agree to be bound by the agreement and represent that you have read and understood its terms. Please read the agreement carefully, as it contains information concerning your legal rights and limitations on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If you do not accept all of these terms and conditions, please do not use this apps.
We may change or otherwise modify the agreement in the future, and you understand and agree that your continued access or use of this apps after such change signifies your acceptance of the updated or modified agreement. We will note the date that revisions were last made to the agreement at the bottom of this page, and any revisions will take effect upon posting. We will notify our members of material changes to these terms and conditions by either sending a notice to the email address provided to us at registration or by placing a notice on our apps. Be sure to return to this page periodically to review the most current version of the agreement.
PROHIBITED ACTIVITIES
The content and information on this apps (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through these apps.
Additionally, you agree not to:
(i) use these apps or its contents for any commercial purpose
(ii) access, monitor or copy any content or information of this apps using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iii) violate the restrictions in any robot exclusion headers on this apps or bypass or circumvent other measures employed to prevent or limit access to this apps;
(iv) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(v) deep-link to any portion of this apps for any purpose without our express written permission; or
(vi) “frame”, “mirror” or otherwise incorporate any part of this apps into any other apps without our prior written authorization.
(vii) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the apps or the services.
PRIVACY POLICY AND DISCLOSURES
aeroTELEGRAPH GmbH believes in protecting your privacy. In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary (a) to protect aeroTELEGRAPH GmbH’s systems, assets, employees, members and customers; (b) to ensure the integrity and operation of aeroTELEGRAPH GmbH’s business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion. aeroTELEGRAPH GmbH’s right to disclose information, including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content, shall take precedence over any terms of aeroTELEGRAPH GmbH’s Privacy Policy.
REVIEWS, COMMENTS AND USE OF OTHER INTERACTIVE AREAS
We appsreciate hearing from you. Please be aware that by submitting content to this apps or otherwise, including any reviews or photographs, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant AERORATING and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised, for any purpose. You further grant aeroTELEGRAPH GmbH the right to pursue at law any person or entity that violates your or aeroTELEGRAPH GmbH’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
This apps may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of travel experiences or other content, messages, materials or other items on this apps (“Interactive Areas”). If aeroTELEGRAPH GmbH provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this apps any of the following:
a. a Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. b Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of stock exchanges worldwide;
c. c Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. d Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including aeroTELEGRAPH GmbH;
e. e Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
f. f Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. g Viruses, corrupted data or other harmful, disruptive or destructive files;
h. h Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
i. i Content or links to content that, in the sole judgment of aeroTELEGRAPH GmbH, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or this apps, or (d) which may expose AERORATING or its affiliates or its users to any harm or liability of any type.
aeroTELEGRAPH GmbH takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is aeroTELEGRAPH GmbH liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, aeroTELEGRAPH GmbH is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Although aeroTELEGRAPH GmbH has no obligation to screen, edit or monitor any of the Content posted to or distributed through any interactive area, aeroTELEGRAPH GmbH reserves the right, and has absolute discretion, to remove, screen, translate or edit without notice any Content posted or stored on this apps at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this apps at your sole cost and expense.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by AERORATING or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release AERORATING, and its licensees, successors and assigns, from any claims that you could otherwise assert against AERORATING by virtue of any such moral rights.
Any use of the Interactive Areas or other portions of this apps in violation of the foregoing violates the terms of this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or this apps.
LIABILITY DISCLAIMER
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION LIMITS AERORATING’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THIS apps. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THE AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING these apps.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON these apps MAY INCLUDE INACCURACIES OR ERRORS. AEROTELEGAPH GMBH, ITS SUBSIDIARIES AND CORPORATE AFFILIATES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES.
IN NO EVENT SHALL AEROTELEGRAPH GMBH (OR THEIR OFFICERS, DIRECTORS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THESE APPS OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS apps (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS appsEARING ON THIS apps; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH TTHESE APPS; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS apps) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF AERORATING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to defend and indemnify AEROTELEGRAPH and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(i) your breach of this Agreement or the documents referenced herein;
(ii) your violation of any law or the rights of a third party; or
(iii) your use of this apps.
LINKS TO THIRD-PARTY SITES
This apps may contain hyperlinks to appss operated by parties other than AEROTELEGRAPH GMBH. Such hyperlinks are provided for your reference only. We do not control such appss and are not responsible for their contents or the privacy or other practices of such apps. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this apps or other apps) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such apps does not imply any endorsement of the material on such apps or any association with their operators. In some cases you may be asked by a third party site to link your profile on AERORATING to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
SOFTWARE AVAILABLE ON THIS apps
Unless otherwise specified, the materials on the apps are presented solely to provide information regarding and to promote AEROTELEGRAPH’s services, apps, partners and other products. AERORATING makes no representation that materials on the AEROTELEGRAPH apps are appropriate or available worldwide. Those who choose to access the AERORATING do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. No software from the AERORATING apps may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Sudan, North Korea, Iran, Syria, or any other embargoed. By using the AERORATING apps, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any software that is made available to download from the AERORATING apps (“Software”) is the copyrighted work of AERORATING, or AERORATING affiliates, or other third party software as identified. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this apps not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this apps in accordance with these terms and conditions and for no other purpose.
Please note that all Software, including, without limitation, all HTML, XML, Java code and Active X controls contained on this apps, is owned by AERORATING and/or its affiliates, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this apps are: ©2019 aeroTELEGRAPH GmbH. All rights reserved. AERORATING is not responsible for content on appss operated by parties other than AERORATING. AERORATING, the owl logo, the ratings bubbles and all other product or service names or slogans displayed on this apps are registered and/or common law trademarks of Aero Digital GmbH and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of aeroTELEGRAPH GmbH or the applicable trademark holder. In addition, the look and feel of this apps, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of AERORATING and may not be copied, imitated or used, in whole or in part, without the prior written permission of AERORATING. All other trademarks, registered trademarks, product names and company names or logos mentioned in this apps are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by AEROTELEGRAPH GMBH.
If you are aware of an infringement of either your brand or our brand, please let us know.
JURISDICTION AND GOVERNING LAW
This apps is operated by a Swiss entity and this Agreement is governed by the laws of Switzerland. You hereby consent to the exclusive jurisdiction and venue of courts in the Canton of Zurich, Zurich, Switzerland and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this apps. You agree that all claims you may have against Aero Digital GmbH arising from or relating to this apps must be heard and resolved in a court of competent subject matter jurisdiction located in the Canton of Zurich. Use of this apps is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
ADDITIONAL MOBILE LICENSES
Portions of AEROTELEGRAPH mobile software may use copyrighted material, the use of which AEROTELEGRAPH acknowledges. In addition, there are specific terms that apply to use of certain AEROTELEGRAPH mobile applications.
GENERAL PROVISIONS
You agree that no joint venture, agency, partnership, or employment relationship exists between you and the AEROTELEGRAPH and/or affiliates as a result of this Agreement or use of this apps.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this apps or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this apps within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and AEROTELEGRAPH with respect to this apps and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and AEROTELEGRAPH with respect to this apps. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned on this apps are not intended to represent any real individual, company, product, or event.
Any rights not expressly granted herein are reserved.