AIRLINEFRIENDS.NET - Terms of Use

THIS AGREEMENT WAS LAST UPDATED ON FEBRUARY 18, 2007

When you sign up for any service within the Airlinefriends.net communities (the “Service”) you agree to all of the terms and conditions of this Agreement.

Please read the following terms and conditions carefully, as they form the agreement between us.

If you do not agree to these terms and conditions, you may not use the Service and should not proceed to register. By using the Service after March 1, 2007 you are agreeing to be bound by this Agreement, including all amendments made thereafter.

User Agreement

This Agreement constitutes your agreement with Airlinefriends.net Corp. (“Airlinefriends”) with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, “We” and “us” means AirlineFriends.Net or any successor or assign of Airlinefriends.

Right to Use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Adult

You represent, warrant and covenant that you are at least 18 years old.

Code of Conduct

You agree to use the Service in accordance with the following Code of Conduct:

1. you will keep all information provided to you through the Service private and confidential and will not give such information to anyone without the permission of the person who provided it to you;
2. you will not use the Service to engage in any form of harassment or offensive behaviour, including but not limited to the posting of communications, pictures, videos or audio recordings which contain libellous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language or images;
3. you will not forward chain letters through the Service;
4. you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;
5. you will not post or otherwise distribute messages, pictures or recordings or use the Service in any way which
   1. violates, plagarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, including other intellectual property rights;
   2. is fraudulent, misleading or otherwise unlawful or violates any law;
6. you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
7. you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, our systems or to other members’ systems in anyway; and
8. you will not post or transmit in any manner any contact information (other than your own) including, but not limited to, addresses, “instant messenger” nicknames, telephone numbers, postal addresses, URLs, or full names through your publicly posted information.

Advertising

Unless you indicate on your “My Passport” page that you do not want to participate in such programs, you agree to grant AirlineFriends.Net a license for the right to use your images*, text* or recordings* on our partners’ sites or in the marketing of the Service.

_{* Excludes any pictures, text, or recordings assigned to your backstage. Excludes your personal information, such as your email address or full name. Read our Privacy policy.}

Membership Categories

Users may view the Service free of charge. Users of the Service may become “Members” of the Service by signing up and paying a sign up fee. Members are allowed to access more features of the Service than are non-Members.

Fees and Payments (This May Be Implemented in a Future Version)

1. Members are charged a sign up fee of $0.99 which provides unlimited access to the Services for a three month period.
2. At the expiry of the three month period, Members are billed through an online account (your “Billing Account”) for the Services. You agree to pay all charges at the prices then in effect for any use of the Services by you or other persons using your Billing Account. You authorize AirlineFriends.Net to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using the selected Payment Method. AirlineFriends.Net reserves the right to correct any billing errors or mistakes that it makes, even if it has already requested or received payment.
3. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payments feature and you accept responsibility for all recurring charges prior to cancellation. AirlineFriends.Net may submit periodic (ie. Monthly) charges without further authorization from you, until you provide written notice of termination or wish to change your Payment Method. Such notice will not affect the charges submitted before AirlineFriends.Net reasonably could act on your termination or request to change the Payment Method.
4. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (“Payment Provider”). If AirlineFriends.Net does not receive payment from the Payment Provider, you agree to pay all amounts due on your Billing Account upon demand.
5. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of value added tax), you have the right to receive, and AirlineFriends.Net shall provide, notice of the amount to be charged and the date of the charge at least ten days before the scheduled date of the transaction. Any agreement you have with your Payment Provider will govern your use of your Payment Method. You agree that AirlineFriends.Net may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of any billing cycle.
6. Your AirlineFriends.Net subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then current non-promotional subscription rate. To change or resign your subscription at any time, go to My Passport settings. If you resign, you may use your subscription until the end of your then current subscription term, but your subscription will not be renewed after your then current term expires. You will not be eligible for a prorated refund of any portion of the subscription fee paid for the then current subscription period.
7. Your non-termination or continued use of the Service re-affirms that AirlineFriends.Net is authorized to charge your Payment Method. AirlineFriends.Net may submit regularly occuring charges for payment and you will be responsible for such charges. This does not waive Airlinefriend’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
8. Any free trial offer or other promotion that provides subscriber level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee for subsequent periods.
9. AirlineFriends.Net is a Alberta Company with operations based in Alberta, and as such we are required to charge a Goods and Services Tax (AGST@) on any purchase of AirlineFriends.Net Services made by a Canadian resident. AirlineFriends.Net will charge and collect GST on any purchase made from a Canadian credit card, drawn on a Canadian account and/or from a Canadian location or address.

Privacy and Use of Information

By using the services you have also agreed to our Privacy Policy. You acknowledge that (a) we cannot ensure the security or privacy of Information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you post on the Service or provide to them and you should use caution in selecting the personal information you post or provide to others through the Service; and (c) we do not assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. As part of the Service, we may from time to time, email to you publicly available information about other users of the Service whom we believe may meet your pre-selected search criteria. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service, this includes information which we may provide directly to you but which has been posted or provided to us by other users of the Service.

You may not use the Service for any unlawful purpose. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

You confirm that you will have obtained full right, title, interest and permissions in and to any messages, pictures or recordings prior to your posting to or otherwise distributing them through the Service. You confirm that you are solely responsible for the content that you publish or display on the website, or transmit to other users.

Monitoring of Information

We reserve the right to monitor all advertisements, public postings, messages, video and audio recordings to ensure that they conform to the content guidelines which may be applicable from time to time.

Removal of Information

While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings, messages, video and audio recordings that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages, video and audio recordings and other materials you may upload to the Service or users of the Service.

Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Proprietary Information

The Service contains information that is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

No Responsibility

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 6 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.

Security

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third party.

External Links

The Service may from time to time contain links to other Internet sites and resources (“External Links”). You acknowledge that we are not responsible for, and have no liability as a result of, the availability of External Links or their contents. We suggest that you review the terms of use and privacy statement of such External Links prior to use of them.

Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement, including but not limited to the Code of Conduct or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

No Warranties

The Service is distributed on an “as is” basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by Airlinefriends, our partners or any user of the Service or any other person or entity, You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by AirlineFriends.Net or any user of the Service or any other service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Modifications

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Disclosure and Other Communication

We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any AirlineFriends.Net related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.

Governing Law

This Agreement is entered into in Alberta, Canada. You agree that it will be governed by the laws of the Province of Alberta and any disputes arising out of this Agreement will be subject to the courts of the Province of Alberta and the federal courts applicable within the Province. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sate of Goods. Les parties acceptent d’un commun accord que la prSsente entente soit redigee en anglals.

Assignment

You do not have the right to assign this Agreement or any of your rights to the Service to anyone. AirlineFriends.Net has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Airlinefriends, if Airlinefriends’s obligations hereunder are assumed by a third party, AirlineFriends.Net shall be relieved of any and all liability under this Agreement.