Terms Of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE (the “TERMS”) CAREFULLY BEFORE USING ANY AIRCRAFTADMIN.CA OR VISIONS ENCODED SERVICE. THE USE OF ANY AIRCRAFTADMIN.CA OR VISIONS ENCODED SERVICES WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.
Purpose of Agreement
The AircraftAdmin.ca Services are made available to you by Visions Encoded subject to the following Terms. Visions Encoded may also offer other services under different terms of service. AircraftAdmin.ca Services are made available by Visions Encoded only to persons who are above 13 years of age. By using the services, you represent that you are 13 years or older.
Description of Service
Visions Encoded provides users with access to an array of services for online administration of aircraft data (the "Service" and "Services") for the purpose of aiding and assisting. You may connect to the Services using any Internet browser. You are responsible for obtaining access to the Internet and for the equipments necessary to use the Services. You may create, edit, and print the contents of your AircraftAdmin.ca Accounts.
Subscription to Beta Service
Visions Encoded may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. Visions Encoded shall have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. Visions Encoded shall be the sole judge of the success of such testing and the decision, if any, to offer any of the Beta Services as commercial service. You will be under no obligation to acquire a subscription to use any commercial service as a result of your subscription to any previously free Beta Service. Visions Encoded reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Visions Encoded shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
Modification of Terms of Service
Visions Encoded may modify the Terms upon notice to you at any time. These modifications may include, without limitation, payment for the Services. You will be provided notice of any such modification by electronic mail or by publishing the changes on the web site http://aircraftadmin.ca/terms_of_service.php (please check the home page for a link titled "Terms of Service" or "Terms" or "TOS" for the latest link). You will be provided the option to terminate your use of the Services if Visions Encoded modifies the Terms in a manner that substantially affects your rights in connection with use of the Services. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.
Member Registration Obligations
In consideration of your use of the Services, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the Registration Process “Registration Data”); and b) maintain and promptly update your Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Visions Encoded has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Visions Encoded has the right to terminate your Account and refuse current or future use of any or all of the Services.
Personal Information and Privacy
Personal information you provide to Visions Encoded through the Service is governed by AircraftAdmin.ca Privacy Policy and applicable laws related to personal information. Your election to use the Service indicates your acceptance of the terms of the AircraftAdmin.ca Privacy Policy. You are responsible for maintaining the confidentiality of your username, password, and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify Visions Encoded immediately of any unauthorized use of your Account. Visions Encoded is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.
Communications from Visions Encoded
The Service may include certain communications from Visions Encoded, such as service announcements, administrative messages, and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving mail from us. However, exercising this option may prevent us from providing effective service to you.
Fees and Payments
Visions Encoded reserves the right at any time to charge or modify fees for access to portions or the whole of any or all of the Services. However, such fees shall not be charged unless your prior agreement to pay such charges is obtained. Thus, if at any time Visions Encoded requires a fee for any of the Services, you will be given reasonable advance notice of such fees and the opportunity to cancel your membership before such charges are imposed. If you elect not to pay such fees, Visions Encoded shall have the right to cease providing such Service to you.
Restriction of Use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their web site terms and conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; or (v) use the Services for spamming and other illegal purposes.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libellous, invasive of another's privacy, abusive, threatening, harmful, obscene, or otherwise objectionable, contains viruses, or that infringes or may infringe the intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", or unsolicited mass distribution of e-mail. Visions Encoded reserves the right to terminate your access to the Services if Visions Encoded believes that you have used the Services for any illegal or unauthorized activity.
Data Ownership
We respect your right to ownership of content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Visions Encoded the license to use, reproduce, adapt, modify, publish, or distribute the content created by you pertaining to your aircraft for Visions Encoded’s commercial, marketing, or any similar purpose.
User Generated Content
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content that you may receive from other users of the Services is provided to you AS IS for your information and personal use only, and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services, you affirm that you have the consent, authorization or permission, as the case may be, from every person who may claim any rights in such content, to make such content available in the such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Visions Encoded shall have the right to block access to or remove such content made available by you, if Visions Encoded receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Visions Encoded for this purpose.
For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, please contact us.
If you wish to protest any blocking or removal of content by Visions Encoded, please contact us.
Trademark
Visions Encoded, Visions Encoded logo, AircraftAdmin.ca, AircraftAdmin.ca logo, and the names of different AircraftAdmin.ca Services and their logos are trademarks of Visions Encoded. Inc. You agree not to display or use, in any manner, the Visions Encoded trademarks, without Visions Encoded's prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. VISIONS ENCODED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. VISIONS ENCODED MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM VISIONS ENCODED, ITS EMPLOYEES, OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT VISIONS ENCODED SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF VISIONS ENCODED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VISIONS ENCODED RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL VISIONS ENCODED’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
Indemnification
You agree to indemnify and hold harmless Visions Encoded, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services.
Mediation
Any controversy or claim arising out of or relating to the Terms shall be mediated pursuant to the National Mediation Rules of the ADR Institute of Canada, Inc. The place of mediation shall be Winnipeg, MB, Canada. The language of the mediation shall be English.
Arbitration
Any controversy or claim arising out of or relating to the Terms shall first be mediated pursuant to the National Mediation Rules of the ADR Institute of Canada, Inc. All disputes remaining unsettled after mediation shall be arbitrated and finally resolved pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and un-appealable The arbitration shall be conducted in Winnipeg, MB, Canada, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Visions Encoded may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. The language of the mediation and arbitration shall be English.
Termination
You agree that Visions Encoded may terminate your Member Account and access to the Services for reasons including, but not be limited to, breaches or violations of the Terms or the AircraftAdmin.ca Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity, and requests by law enforcement or other government agencies. Termination of your Visions Encoded Account includes elimination of access to the Service, deletion of your Account information such as your e-mail ID and Password, and deletion of data in your Member Account as permitted or required by law.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement, please contact us.