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FlightNoise.com

CONDITIONS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, do not use the site.

RESTRICTIONS ON USE OF MATERIALS.

No material from FlightNoise.com or any Web site owned, operated, licensed or controlled by FlightNoise.com, or any of its related, affiliated or subsidiary companies (collectively, "FlightNoise.com"), may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written permission of FlightNoise.com. With this written permission by FlightNoise.com you must keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of FlightNoise.com's copyright and other proprietary rights. Any violation of these rights will be prosecuted under the full extent of US Federal law. In addition, this Web page is protected by International Copyright laws that must be abided by.

In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by FlightNoise.com. FlightNoise.com does not transfer title to the Software to you. You own the medium on which the Software is recorded, but FlightNoise.com retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

SUBMISSIONS.

All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered to FlightNoise.com by this site or in response to solicitations in this site or other FlightNoise.com sites (collectively, the "Comments") shall be deemed and shall remain the property of FlightNoise.com. None of the Comments shall be subject to any obligation of confidence on the part of FlightNoise.com and FlightNoise.com shall not be liable for any use or disclosure of any Comments. Without limitation of the foregoing, FlightNoise.com shall exclusively own all now known or hereafter existing rights to the Comments of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Comments for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Comments.

JURISDICTIONAL ISSUES.

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by FlightNoise.com from its offices within the State of Texas, United States of America. FlightNoise.com makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, 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.

TERMINATION.

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all FlightNoise.com site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from FlightNoise.com if in FlightNoise.com's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other FlightNoise.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

DISCLAIMER.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FlightNoise.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FlightNoise.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FlightNoise.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FlightNoise.com) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

Under no circumstances, including, but not limited to, negligence, shall FlightNoise.com be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if FlightNoise.com or a FlightNoise.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall FlightNoise.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site.

OTHER.

This agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.


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