1. Notice and Modifications to the Terms and Conditions. ATV reserves the right, at its sole discretion, to change, modify, or otherwise alter the Site, the Services and these Terms and Conditions at any time and without prior notice. Any such changes or modifications shall become effective immediately upon posting on this Site. Please review the Terms and Conditions periodically. Your continued use of the Site or Services now or following the posting of any changes or modifications shall constitute Your acceptance of the revised Terms and Conditions. This page was last updated on August 11, 2014.
2. Description of Services. Through the Site, ATV provides information, tools, and features related to airports, air travel, and similar topics of interest to air travelers. The Site and Services currently include the Airport WayfinderSM 3-D animated airport information program provided by ATV. These Services, and the topics covered by the Services, may be expanded in the future.
3. Use of Content on the Site. ATV grants You a personal, nonexclusive, nonassignable and nontransferable license (without the right to sublicense) to access and make use of the Site for personal and noncommercial use only. Any unauthorized use of the Site terminates the permission or license granted by ATV. You agree not to download (other than page caching), copy, modify, tamper with, or corrupt the site, or any portion of it, except with ATV’s prior written consent.
4. Intellectual Property. The AirportWayfinder.com Services and all Site software, HTML and other code, designs, text, images, photographs, illustrations, artwork, animations, graphics, audio and video material, logos, slogans, domain names, page headers, buttons, icons, or other on-screen objects, scripts, or other copyrightable elements, as well as the selection and arrangement thereof, trade names, domain names, service marks, trademarks, certification marks, and/or trade dress (the “Material”) are the property of ATV and/or its affiliates, licensors, assigns, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. You agree not to reproduce, modify, adapt, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the prior written consent of ATV. You further agree that You will not disassemble, decompile, reverse engineer, or otherwise modify the Material. Unauthorized or prohibited use may be subject to civil liability and/or criminal prosecution under applicable federal and state laws. The Material, including any of ATV’s and/or its licensors’ trademarks, service marks, certification marks, trade names, logos, slogans, domain names, and/or trade dress may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ATV and/or its licensors, ATV’s products or services or this Site. You may not use any meta tags or any other hidden text utilizing ATV’s and/or its licensors’ trade names, domain names, trademarks, service marks, and/or certification marks without the prior written consent of ATV. You may not use any ATV trademark, service mark, certification mark, domain name, trade name, logo, slogan, or any proprietary graphic or other Material as part of a link on any website without prior written permission from ATV.
5. Access Limits. Without ATV’s prior written consent, You may not (a) use any automated means to access the Site or collect any information from the Site (including, without limitation, agents, robots, spiders or scripts), or (b) frame the Site, utilize framing techniques to enclose any trademark, service mark, certification mark, trade name, logo, slogan, trade dress, or other proprietary information or Material, place pop-up windows over its pages, or otherwise affect the display of its pages. This means, among other activities, that You agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use or enjoyment of the Site.
6. No Resale of the Site. You agree not to reproduce, duplicate, copy, create derivative works, frame, publicly display, copy or adapt HTML or other code on the Site to generate web pages, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
7. Termination and Cancellation. ATV, in its sole discretion, may terminate Your use of the Site and Services and remove and discard any data from the Site, for any reason, including, without limitation, if ATV believes that You have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. ATV may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice. ATV shall not be liable to You or any third party for any termination of Your access to the Site or the Services.
8. Backup. ATV regularly backs up the information stored on the Site and stores this information for a limited time. In the event of a loss of information or failure of the Site, ATV will use reasonable efforts to restore the information to the Site. ATV will have no liability for any failure to back up or restore any information on Site, or for interruptions, delay or suspension of access to or unavailability of Site, or any loss of such information, data or transmissions.
9. Dealings with Advertisers or Partners. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including 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 advertiser or partner. ATV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site.
10. Links. The Site may provide links to other World Wide Web sites or resources that are beyond ATV’s control. ATV makes no representations as to the quality, suitability, functionality or legality of any sites to which links may be provided and You hereby waive any claim You might have against ATV, with respect to such sites. ATV IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE.
12. Suggestions and Comments. We appreciate all emails, letters and other submissions that comment on the Services and Site, or suggest improvements or provide new ideas for the Services and/or Site. Unfortunately, we are not able to compensate You for suggestions or ideas, even if we use them. You agree that be sending us a suggestion or idea, such suggestion or idea becomes the property of ATV and that ATV may, at its option, use the suggestion or idea (or any modification or derivative) without any obligation to You. You further acknowledge that ATV may, at its option, publish any comments submitted to ATV regarding the Services and/or Site.
13. No Warranty. THE SITE AND ATV’S SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ATV EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF ATV HAS BEEN ADVISED OF SUCH PURPOSE. ATV DOES NOT WARRANT THE ACCURACY, CURRENCY, COMPLETENESS OR ADEQUACY OF ANY INFORMATION, DOCUMENTS OR OTHER CONTENT AND MATERIAL AVAILABLE ON OR THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. Without limiting the foregoing, ATV does not promise or warrant that any aspect of the Site will work properly or will be available continuously. ATV is not responsible for damages arising out of any infection or contamination of Your system, any delays, inaccuracies, errors, or omissions arising out or Your use of the Site or with respect to the information, technology, tools, content or Material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, currency, suitability, or validity of any material rests with You.
14. Liability Limits. IN NO EVENT SHALL ATV, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR COMPENSATORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, ITS CONTENTS, ITS SERVICES OR THIS AGREEMENT, WHETHER OR NOT ATV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, IN NO EVENT SHALL ATV, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE TO YOU IN AN AMOUNT GREATER THAN THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE UPON WHICH SUCH CLAIM ACCRUED.
15. Indemnity. You agree to indemnify, defend and hold ATV, its suppliers, parents, subsidiaries, affiliates, and their directors, officers, shareholders, members, managers, employees, sponsors and partners harmless from any claim, loss, cost, expense, demand, or damage, including reasonable attorneys’ fees, arising directly or indirectly out of (a) Your use of, or inability to use, the Site or the Services, or connection to the Services or the Site; (b) information transmitted or stored by You through or on the Site or the Services; (c) activities in connection therewith; or (d) the Your breach of this Agreement.
16. Governing Law. This Agreement shall be treated as though it were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, without regard to choice of law or conflict of law principles.