Terms & Conditions
September 16, 2014
Please carefully read the following Terms before using www.SkyBirdAviation.com (our Website). By accessing our Website, you acknowledge that you have read, understood and agree to be bound by these Terms which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Website or any of its content.
2) Age Restrictions
The Website are directed to persons 18 years of age or older. Skybird does not knowingly collect information from children under age 18.
3) Permitted Use of Website
The content available through the Website, including without limitation text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the “Content”) is the sole and exclusive property of Skybird and/or its licensors. You agree not to reproduce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or the Content other than as expressly authorized by Skybird in writing. Use of the Website or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Website by any means other than through a standard web browser.
You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit, or create derivative works from any part of the Website or the Content unless expressly authorized by Skybird in writing. You agree that you will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Website or in the Content.
5) Proprietary Rights
You acknowledge and agree that, as between Skybird and you, all right, title, and interest in and to the Website and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Skybird or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws.
All Content included in the Website is the copyright and property of Skybird or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Website for the sole purpose of using the Website as a personal or internal resource or otherwise for its intended purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Website, is strictly prohibited.
The Skybird logo and trade names and trade dress used on the Website are proprietary to Skybird or its licensors and any third party names or trademarks referenced in the Website do not constitute or imply affiliation, endorsement or recommendation by Skybird, or of Skybird by the third parties.
6) Your Indemnity of Skybird
Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Skybird reserves the right to determine what types of conduct it considers to be inappropriate use of the Website. In the case of inappropriate use, Skybird or its designee may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
1. Use the Websites or the Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
2. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
3. Take any action that imposes an unreasonable or disproportionately large load on a Website’s infrastructure or otherwise in a manner that may adversely affect performance of the Website or restrict or inhibit any other user from using and enjoying the Communication Services or the Website.
4. Use any Website for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content.
5. Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Website in any manner.
6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, content, or information.
8. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
9. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
10. Use any Website to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
11. Harvest or otherwise collect information about others, including email addresses, without their consent.
12. Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
13. Engage in any other action that, in the judgment of Skybird, exposes it or any third party to potential liability or detriment of any type.
You understand that by using the Website, you may be exposed to User Materials that you may consider offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content or User Materials available on or through the Website.
7) Modifications to the Website
Skybird reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that Skybird will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Website.
THE WEBSITE AND CONTENT AND THE INFORMATION, OFFERED, CONTAINED IN OR ADVERTISED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKYBIRD AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE WEBSITE AND ANY CONTENT IS ENTIRELY AT YOUR OWN RISK.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Website is free of viruses or other harmful code.
9) Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKYBIRD AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE. IN NO EVENT SHALL SKYBIRD OR ANY OF ITS LICENSORS, SUPPLIERS OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF SKYBIRD ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH THE WEBSITE SHALL NOT EXCEED FIFTY DOLLARS (U.S.).
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
10) Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of these Website Skybird Company 7401 Valjean Ave. Suite #100 Van Nuys, CA 91406, U.S.A., telephone 800-538-5389. Complaints regarding the Site or Content or requests to receive further information regarding use of this Site or Content may be sent to the above address or to info@Skybirdcompany.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
11) Governing Law and Disputes
These Terms shall be governed by, and will be construed under, the laws of the State of California, U.S.A., without regard to choice of law principles. You irrevocably agree that the exclusive venue for any disputes arising between you and Skybird out of, under, or in connection with these Terms, the Website or their Content shall be general reference proceedings conducted in Orange County, California, U.S.A., which venue is the most convenient and appropriate for the resolution of disputes concerning these Terms. Any such dispute shall be settled in accordance with the decision of the referee rendered as provided for in Part 1, Title 8, Chapter 6, § 638(a) of the California Code of Civil Procedure, or any successor California statute governing resolution of disputes by a court-appointed referee without a jury. Any cause of action or claim you may have with respect to these Terms, the Website or their Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. Without limiting the foregoing, you agree that to the fullest extent permitted by law: (1) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (3) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The Website is controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Website from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Skybird does not represent that the Website or Content are appropriate outside the United States of America. Skybird reserves the right to limit the availability of the Website to any person, geographic area or jurisdiction at any time in its sole discretion.
12) Force Majeure
Skybird shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.