Last Modified: December 4, 2023
In order to access some Applications, you may purchase a subscription through a subscription provider or directly from us. You must have an active account with a subscription provider or us and provide a valid method of payment, such as a credit or debit card (a “Payment Method”). The Payment Method provided to a subscription provider will be processed by such subscription provider and not through AEROVERSE. Any inquiries related to payments through your subscription provider should be directed to your subscription provider directly. For more information on our processing of Payment Methods, see Section 3 below.
The AEROVERSE Service may be made available to you on a free trial basis (“Free Trial”). Any Free Trial is limited to new AEROVERSE Service subscribers, unless otherwise specified. Your status as a new subscriber to the AEROVERSE Service will be determined by the subscription provider, in its sole discretion, or by us. These terms apply to any Free Trial, unless otherwise specified. At the time of signing up for a Free Trial, you may be required to provide us or the subscription provider with a Payment Method in order to use the AEROVERSE Service during the Free Trial.
UPON THE EXPIRATION OF ANY FREE TRIAL, AND IN ACCORDANCE WITH THAT FREE TRIAL’S TERMS, ANY APPLICABLE SUBSCRIPTION FEE WILL BE CHARGED TO YOUR PAYMENT METHOD, UNLESS YOU TIMELY CANCEL THE FREE TRIAL. YOU CAN MANAGE YOUR SUBSCRIPTION FEE AND AUTO-RENEWAL BY VISITING YOUR SUBSCRIPTION PROVIDER’S PAYMENT PAGE OR, THROUGH US, BY CONTACTING US AT HELP@AEROVERSE.COM.
These Applications are offered and made available only to users 18 years of age or older who reside in the United States of America, its territories and possessions (“U.S.”) and are fully able and competent to enter into this Agreement. If you are not yet 18 years old, or the required greater age for certain features, or do not reside in the U.S. and/or do not meet any other eligibility requirements, or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Applications immediately because by using or attempting to use the Applications, you certify that you are at least 18 years of age and meet any other eligibility and residency requirements of the Applications and agree to all of the terms and conditions of this Agreement. The Applications are controlled and operated by us from our offices in the U.S. We make no representation that these Applications (including the Material (as defined below) contained herein) are appropriate or available for use in other countries or jurisdictions.
This Agreement, including the terms and conditions regarding your use of the Applications, constitutes a legally binding agreement between you, on the one hand, and AEROVERSE, on the other hand.
The words “use” or “using” in this Agreement means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or Device, does or attempts to access, interact with, use, display, view, print or copy from the Application, transmit, receive or exchange data or communicate with the Application, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Application, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Application and it cannot be modified, except as specifically described below in Section 2.
By creating an account with an authorized subscription provider, you agree to pay the subscription provider a subscription fee in accordance with its terms and any applicable taxes and service fees. Your billing will be processed by the subscription provider. You should confirm the applicable billing policies prior to establishing your subscription.
You may update your Payment Method with your subscription provider at any time by accessing your account with such subscription provider. You can cancel your subscription by contacting your subscription provider.
In addition, you may also directly subscribe with us. By establishing a Payment Method with us, you agree to pay the subscription fee on a periodic basis to access the Applications (“Subscription Fee”). To do so, you must be at least the age of majority in your state of residence and fully able and competent to enter into the terms and conditions of this Agreement, to subscribe to or purchase any third party products or other offerings provided through the Applications or otherwise made available for purchase. By agreeing to this Agreement, you accept and agree to be bound by this Agreement and to abide by all applicable laws with regard to your purchase and use of any applicable Applications or products, and you represent and certify that you are legally able to enter into any and all purchase agreements with us and our partners, vendors, agents, and service providers.
All prices posted on the Applications are subject to change without notice. Price increases will only apply to orders placed after such changes. Posted prices do not include applicable taxes. To the extent applicable, all such taxes will be added to your purchase total and will be itemized. The Subscription Fee will be billed at the time you establish your subscription, and on an ongoing basis unless you cancel your subscription. We reserve the right to change, limit, refuse, or cancel any order you place with us at our sole discretion. In the event we change or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept the Payment Methods that are shown on the Applications or otherwise displayed during the checkout process for all purchases.
By entering into any transaction through the Applications, you represent and warrant that all information you provide is true, correct, and complete (including your Payment Method and billing address); that any credit card transactions submitted by you are authorized; that charges incurred by you will be honored by your credit card company; that you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Applications at the time of your order; and that you are the legal holder of any Payment Method used to enter into any transaction through the Applications. If, in our sole discretion, we determine that (i ) your Payment Method is not valid, (ii) a transaction is not authorized, (iii) your Payment Method cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reasons other than failure by us to deliver the product purchased by you, (v) you have abused or misused promotions or promotion codes, or (vi) you have otherwise used the Applications to enter into an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to the Applications, and terminate all of our obligations hereunder.
You may update your Payment Method or cancel your subscription by contacting us at firstname.lastname@example.org.
The Applications are intended to comply with the laws and regulations of the United States. If you are a consumer or user that resides outside of the United States, be advised that other countries and jurisdictions may have laws and regulatory requirements that are different from those in the United States. We reserve the right to limit the purchase and sale of any Applications (including third party products and other offerings) to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
The Applications, including, without limitation, all Applications software, design, text, images, photographs, illustrations, audio and video material (including, without limitation, any and all RSS Feeds (as defined below), Viral Features (as defined below), and video programming), artwork, graphic material, layout, interfaces, databases, computer code, documents, proprietary information and all copyrightable or otherwise legally protectable elements of the Applications, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks, logos, and trade names (individually and/or collectively, “Material”), are the property of AEROVERSE and its Affiliates, and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and Third Party Service Providers and are legally protected, including, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. You acknowledge and agree that, as between you and us, we (or our licensors, as applicable) own all worldwide right, title, and interest in and to the Material, including any intellectual property rights embodied therein or related thereto. We reserve all rights not expressly granted under this Agreement. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Applications” includes “Material” as well.
Subject to the terms and conditions herein and all applicable laws, we hereby grant you a non-exclusive, non-assignable, non-transferable, fully revocable, non-sublicenseable, and limited license to access, view, and use the Material (including, without limitation, any programming made available through the Applications) only for your personal, non-commercial use and for no other purposes. If we terminate this limited license to use the Material, you must immediately cease any and all access to and use of the Material (including, without limitation, any programming made available through the Application), and such Material will no longer be available for your access and use.
You must not alter, delete, bypass, interfere with, circumvent or conceal any copyright, trademark, or other proprietary rights notices contained on the Applications, including notices on any Material you are expressly permitted to download, transmit, display, print or reproduce from the Applications. Nothing contained on the Applications shall be deemed or construed as granting, by implication, estoppel, or otherwise, any license or right to use any mark displayed on the Applications without the prior written approval of AEROVERSE or such third party that may own the applicable mark displayed on the Applications. Your misuse of any marks displayed on the Applications, or any other content on the Applications, except as provided in this Agreement, is strictly prohibited. Any feedback you provide to us relating to the Application shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis.
You shall not, nor will you allow any third party (whether or not for your benefit) to, whether directly or indirectly, rent, sell, copy, record, download, stream capture, duplicate, archive, upload, translate, transmit, retransmit, reverse engineer, decompile, attempt to extract source code from, reproduce, modify, create derivative works from, display, perform, publish, distribute (including via “mirroring”), disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material (including any portion thereof) unless expressly permitted herein or upon receipt of the express prior written consent of AEROVERSE or its owner if AEROVERSE is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable laws. The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will use commercially reasonable efforts to act expeditiously to remove content on the Application that infringes the intellectual property rights of others and to disable the access to the Applications and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others.
We take protection of intellectual property rights, both our own and others, very seriously. We therefore employ multiple measures to prevent intellectual property infringement over this Applications and to promptly end any infringement that might occur.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners, as a result of your use of the Applications. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
Your use of the Applications are subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts, and omissions that occur in, from, through or under your user name or password. You are also prohibited from using the Applications (or attempting to use the Applications, or allowing, enabling or condoning others to use the Applications) in a manner that:
You understand, acknowledge and agree that AEROVERSE may, at its sole discretion and without liability to you or any user, terminate its offer of any specific Text Service or all Text Services at any time without advance notice. AEROVERSE may provide notice of terminations or changes in services on the Applications
Your comments, suggestions and information are important to us. Portions of these Applications may provide you and other users an opportunity to participate in forum services, blogs, web communities and other message and communication facilities (“Communities”) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange text, images, videos, music, information, ideas, opinions, messages or other information (“Post” or“Postings”), your submission of which is also governed by the terms and conditions therein, and considered a Posting for purposes of this Agreement. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for all Postings that you (including, but not limited to, Postings made under your name, user name and/or email address) upload, post, email, transmit or otherwise make available via the Applications; AEROVERSE and its Affiliates have no, and expressly disclaim all, responsibility and liability relating to any and all Postings, including, without limitation, any errors or omissions in any such Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings. Postings do not reflect the views of the Applications, AEROVERSE or its Affiliates, and AEROVERSE does not represent or guarantee the truthfulness, accuracy or reliability of any Posting or endorse or support any opinions expressed in any Postings. AEROVERSE does not control any Postings submitted, although we may (in our sole discretion) use automated and/or manual means of reviewing Postings in order to prevent unauthorized content from appearing and being displayed on our Applications. AEROVERSE reserves the right to review, monitor, edit and/or screen any Postings and to delete, remove, move, re-format, edit or reject, without notice to you, any Postings that we deem, in our sole discretion, to be in violation of this Agreement or to be unacceptable to AEROVERSE, or for any reason or for no reason whatsoever; provided, however, that AEROVERSE shall have no obligation or liability for failure to do so or for doing so in any particular manner. If we change your Postings, you will not be responsible for any such changes we make. If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, in addition to our rights as described in this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (i) refuse to allow you to Post; (ii) remove and delete Postings; (iii) revoke your right to use the Applications; and/or (iv) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Applications.
If a Posting originates from you or your account, you hereby agree that:
(a) you hereby grant AEROVERSE and its Affiliates, and its and their sublicensees, successors and assigns an irrevocable, sublicensable, assignable, unrestricted, royalty-free and non-exclusive right and license to use and exploit such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or Material of any kind or nature for any purpose, together with all consents or waivers including a publicity rights waiver and a waiver of moral rights (if any) in favor of AEROVERSE and its Affiliates necessary to: (i) reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from such Posting, by any means and in all media formats and channels now known or hereafter devised in perpetuity; (ii) transmit and distribute the Posting over various networks and in various media; and (iii) advertise and promote such use, without further notice to, or permission from, you or any other person, and without compensation or reference to you or any other person;
(b) you represent, warrant and covenant that (i) the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, obscene or otherwise unlawful material or information, (iv) the Posting, and AEROVERSE’s exercise of the rights you grant to AEROVERSE to the Postings, will not infringe upon, misappropriate or otherwise violate any copyright or other intellectual property, privacy, publicity or other rights of any party, or otherwise violate any other applicable law, rule or regulation, (v) the Posting shall not be injurious to the health of any user, (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting, and (vii) all of the information provided by you associated with your Posting is complete and accurate; and
(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you additionally represent, warrant and covenant that (i) you have the right to grant the Applications, AEROVERSE and its Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations, and (iii) for any Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements. With the submission of each such Posting, AEROVERSE and its Affiliates reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements.
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Applications per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Application (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please contact us at email@example.com. to send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
From time to time, AEROVERSE, its Affiliates or AEROVERSE’s Third Party Service Providers, suppliers, and Advertisers, may conduct promotions on or through the Applications, including, but not limited to, auctions, contests, sweepstakes and bundled services with our partners (“Promotions”). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.
If we offer certain e-Commerce functionality to enable you to purchase goods and services via a shop (the “E-Commerce Service” or “Shop”), additional terms (such as those available on or through the Shop page) apply to your use and access of the E-Commerce Service which are Additional Terms and incorporated herein by reference.
The Shop may use Third Party Service Providers. All purchases made through these Third Party Service Providers are subject to their respective terms and conditions of use. AEROVERSE is not responsible and has no liability whatsoever for third-party goods or services you obtain through our Third Party Service Providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. AEROVERSE does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any Claim (as defined below) against us with respect to such third-party transactions. AEROVERSE is not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a Third Party Service Provider, even if the goods or services were shown on one of the Applications. AEROVERSE cannot ensure that you will be satisfied with any products or services that you purchase from any Third Party Service Provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant Third Party Service Provider.
AEROVERSE does not guarantee that product or service descriptions or other content on the Applications will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, third-party products or services on the Applications do not imply AEROVERSE’s endorsement of such products or services. Furthermore, customer reviews seen in a Shop are provided by the Third Party Service Provider’s users and are subject to such Third Party Service Provider’s own community guidelines. AEROVERSE and our Third Party Service Providers reserve the right, with or without prior notice, to change product and service descriptions, images, and references; to limit the available quantity of any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product or service. Price and availability of any products or services are subject to change without notice.
In addition to the Additional Terms noted elsewhere in this Agreement, RSS Feeds and Mobile Application Services (as defined below) may be subject to Additional Terms which will be posted or otherwise made available to you and, to the extent applicable, will be deemed incorporated into and form a part of this Agreement
12.1.RSS Feeds and Podcasts
The Applications may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“Content”) from the Applications that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s Device or (if permitted) transferred to another Device. Certain software and hardware is required for users to download and view and/or play Content through RSS Feeds.
Content is Material and subject to all of the terms of this Agreement, except that you may download, copy and/or transfer to a Device, or through a Device to another Device, the RSS Feeds and associated Content.
By your access to and use of RSS Feeds, you understand, acknowledge and agree that the Applications, AEROVERSE and its Affiliates do not warrant that its RSS Feeds will operate on all user equipment. Please see the “Disclaimer and Limitations of Liability” section below for further details.
If AEROVERSE offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by the Additional Terms governing the applicable Mobile Application Service. These Mobile Application Services may be provided at no charge to you or may be available for a fee, as provided in the applicable Additional Terms, including, but not limited to, the terms presented to you in connection with your download of such Mobile Application Service. In addition, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information or otherwise notify us that the wireless telephone number is no longer associated with you and identify such wireless phone number, to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.
Under no circumstances will the Applications, AEROVERSE or its Affiliates be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user’s wireless Device, telephone number, or email address) using any Mobile Application Services.
If we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit such platforms through our links, please note that the information you post, transmit or make available on such platforms may be viewed by the public. We are not responsible for any third-party use of any information you post, transmit, or make available on such platforms.
If you are registered to use the Applications, you may deactivate your account on the Applications, at any time and for any reason, by contacting the relevant distribution or subscription participating provider or, if you subscribe directly through us, with us at firstname.lastname@example.org. You must contact your subscription provider to terminate any automatic renewal of the subscription payment obtained through them or us if directly from us at email@example.com. If you are unable to deactivate your account on this Application using these methods, have a free trial account from AEROVERSE, or otherwise have questions about how to deactivate your account, please contact us at firstname.lastname@example.org.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATIONS IS AT YOUR SOLE RISK. THE APPLICATIONS, AND ALL MATERIALS, GOODS AND SERVICES AND POSTINGS HEREIN ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, AND NON-INFRINGEMENT), AND ANY AND ALL GUARANTEES AND ASSURANCES THE APPLICATIONS WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL MEET YOUR REQUIREMENTS, BE AVAILABLE, ERROR-FREE, UNINTERRUPTED, OR PERFORM AS DESCRIBED. ANY MATERIAL DOWNLOADED FROM THE APPLICATIONS IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING SUCH MATERIAL. WE FURTHER DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE APPLICATIONS. WE DO NOT WARRANT THAT THE APPLICATIONS, OR ANY OTHER MATERIAL OR INFORMATION MADE AVAILABLE TO YOU THROUGH THE APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS RELATING TO YOUR USE OF THE APPLICATIONS. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE APPLICATIONS, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE APPLICATIONS.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THESE APPLICATIONS, AEROVERSE, ANY OF ITS AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, THIRD PARTY SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, RELATING TO USE OF THE APPLICATIONS, ANY ACTION YOU TAKE BASED ON THE MATERIAL OR INFORMATION MADE AVAILABLE TO YOU ON OR THROUGH THE APPLICATIONS, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE APPLICATIONS, OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), HOWEVER ARISING OR CAUSED, WHETHER FORESEEABLE OR NOT, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OR CHARACTERIZATION OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITING THE FOREGOING, THE APPLICATIONS ARE MAINTAINED ON SERVERS IN THE UNITED STATES AND THE AEROVERSE SERVICE AND AEROVERSE AND ITS AFFILIATES DISCLAIM ALL LIABILITY FOR ANY USE NOT SPECIFICALLY AUTHORIZED OR THAT IS IN VIOLATION OF THIS AGREEMENT OR THE LAWS OR REGULATIONS THAT MAY APPLY TO YOU IN ANY JURISDICTION OR COUNTRY. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE APPLICATIONS OR THIS AGREEMENT EXCEED ONE HUNDRED US DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE FOREGOING LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
NOTWITHSTANDING ANY CLAIM THAT A SOLE OR EXCLUSIVE REMEDY WHICH IS PROVIDED IN THIS AGREEMENT MAY OR DOES FAIL OF ITS ESSENTIAL PURPOSE, TO THE EXTENT THAT THE LIMITATIONS OF LIABILITY SET FORTH HEREIN DO NOT APPLY, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGE SHALL BE TO HAVE AEROVERSE, UPON WRITTEN NOTICE FROM YOU TO US, ATTEMPT TO REPAIR, CORRECT OR REPLACE ANY DEFICIENT GOODS OR SERVICES UNDER THIS AGREEMENT AND, IF REPAIR, CORRECTION OR REPLACEMENT IS NOT REASONABLY COMMERCIALLY PRACTICABLE FOR AEROVERSE, TO REFUND ANY MONIES ACTUALLY PAID BY YOU FOR THE GOODS OR SERVICES INVOLVED AND TO TERMINATE AND DISCONTINUE YOUR USE OF THE APPLICATIONS.
YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE APPLICATIONS, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY SOME MESSAGES AND TRANSMISSIONS MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY, YOU ACKNOWLEDGE AND AGREE THAT AEROVERSE ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS OR POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY TRANSACTIONS OR POSTINGS, AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE APPLICATIONS FOR ANY TRANSACTIONS OR POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES; ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold the Applications, AEROVERSE, and any Affiliates, and each of the respective successors and assigns of the foregoing, and each of their respective shareholders, members, managers, officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and Third Party Service Providers harmless from and against any and all claims, allegations, demands, lawsuits, investigations, proceedings, liabilities, settlements, fines, penalties, causes of action, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees and court costs) of any kind or nature, arising out of, in connection with, or resulting from (a) any breach or violation of this Agreement by you (or someone using your account or Device to access the Applications or any other Material), (b) your use of the Applications (or use by someone using your account or Device), or (c) the public posting or other permitted use of your Postings
AEROVERSE reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with AEROVERSE in the defense of any such claim, action, settlement or compromise negotiations, as requested by AEROVERSE.
We take great care and pride in creating these Applications. We are always on the lookout for technical glitches that affect how the Applications work. When we find them on our end, we will use commercially reasonable efforts to fix them. Unfortunately, your Device may cause some glitches that affect how you see our Applications — and that is beyond our control.
If you experience any unusual behavior, content or ads on the Applications, it may be the result of Malware on your Device. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system or Device with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Applications are working properly, sometimes Malware programs on your Device may interfere with your experience on our Applications and on other sites that you visit.
Please note that we cannot be responsible for the effects of any third party software including Malware on your Device. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your Device, we also suggest you speak with a qualified Device technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at email@example.com.
18.2.Access by Children. The Applications contain certain mature content that may not be appropriate for children. The primary account holder may establish certain “Parental Controls” through the relevant participating provider. We will recognize the maximum movie and television ratings set by the primary account holder for each sub-account that is linked to the primary account holder.
In accordance with the Twenty-First Century Communications and Video Accessibility Act of 2010, all video programming distributors that make video programming available directly to end users through a distribution method that uses the internet protocol are required to provide contact information to end users for the receipt and handling of written closed captioning complaints.
When you visit the Applications or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Applications or through the Applications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You represent, warrant and agree that you will comply with all applicable laws in using the Applications and you will not perform or fail to perform any act that you know or reasonably should know would place us, our Affiliates, or our third-party service providers in violation of any applicable law. You further agree to comply with all laws and regulations regarding online conduct and acceptable content.