The following terms and conditions govern all use of the FlightAware.com website and all content, services and products available at or through the website, including, but not limited to, the FlightAware Discussions site (taken together, the “Website”). The Website is owned and operated by FlightAware, LLC (“FlightAware”).
The FlightAware Website is only available to you on the condition that you understand and agree to all terms and presented. Your use of the Website constitutes your agreement to these terms. If you do not agree to the terms, don’t use the Website.
Your Obligations To FlightAware
- You will not disguise the origin of your connection to the FlightAware Website.
- You will not provide false or inaccurate information to the FlightAware Website.
- You will not use the FlightAware Website for the purpose of conducting illegal activity.
- You will not abuse the FlightAware Website with spam, including self-promotion, in any user contributed content.
- You will not access the FlightAware Website in any way that intentionally affects or significantly negatively impacts the performance or reliability of the FlightAware Website.
- With the exception of FlightAware data feeds and APIs, you will only access the FlightAware Website with a human-operated interactive web browser and not with any program, collection agent, or "robot" for the purpose of automated retrieval or display of content.
- You will not use the FlightAware Website for any aviation, commercial, operational, law enforcement, judicial, or safety-critical activity that relies on the availability, validity, or accuracy of FlightAware data.
- If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify FlightAware of any unauthorized uses of your account or any other breaches of security. FlightAware will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the contents of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- All no-charge, web-based FlightAware products, APIs, and data are licensed solely for personal use, and you may not use them for any other purpose. Any products, APIs, and data, for which you pay FlightAware may be used solely in accordance with the specific terms of any additional license provided to you at the time of purchase. FlightAware products (including Enterprise WX, FlightAware Global, and Aviator) containing weather provided by DTN may only be used for personal and internal business purposes. You may not reproduce, publish, or distribute any FlightAware product, API, or data, or make any commercial use of those products, APIs, or data, unless FlightAware has granted you an express license that allows you to do so.
FlightAware's Obligations To You
- FlightAware has the right, but not the obligation, to moderate any and all conversations, discussions, topics, posts, and images, in the discussion forums, photo system, or squawks section without prejudice.
- FlightAware may choose to refuse service, account privileges, or access to any individual at any time without explanation or justification.
- FlightAware makes no representations about the results to be obtained from using FlightAware. Any use is at your own risk.
- FlightAware has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and is not responsible for that material’s content, use or effects.
- The FlightAware Website is provided exclusively on an "as is" basis, with no “service level agreement” unless expressly negotiated in a writing signed by the parties.
- FlightAware disclaims any and all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for any purpose. FlightAware make no representations or warranties about the accuracy, completeness, security, or timeliness of the content, information, or services provided on or through the use of FlightAware. No information obtained by you from FlightAware shall create any warranty not expressly stated by FlightAware.
- FlightAware disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
- FlightAware disclaims any responsibility for any harm resulting from your use of non-FlightAware.com websites and webpages. FlightAware has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FlightAware.com links, or that link to FlightAware.com. FlightAware does not have any control over those non-FlightAware.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-FlightAware.com website or webpage, FlightAware does not represent or imply that it endorses such website or webpage.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, malware and other harmful or destructive content.
- You agree to indemnify and hold harmless FlightAware, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your misfeasance or malfeasance in use of the Website, including but not limited to your violation of this Agreement.
Intellectual Property, Patent and Trademark Notice
- Any intellectual property or content associated with FlightAware is the sole property of FlightAware. With the exception of data retrieved through the FlightXML service, you may not copy, reproduce, distribute, modify, lease, loan, sell, or create creative derivative works of any FlightAware content.
- You grant FlightAware a worldwide, royalty-free, unlimited, irrevocable license to use, transmit, distribute, and sell any submitted photography or media content. You acknowledge that the owner of any submitted content continues to retain ownership to the submitted content.
- You acknowledge that any ideas, concepts, or techniques ("suggestions") for new or existing services submitted to FlightAware or discussed on the FlightAware Discussions forums are not confidential or proprietary. FlightAware will have an unrestricted, irrevocable, world-wide, royalty free right to use, disseminate, display, distribute, and exploit any suggestions.
- You agree that by posting content to FlightAware.com, the Content you post is licensed to FlightAware under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License (the “CC BY-NC-SA License”), under the terms of which you grant to FlightAware a worldwide,
royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the following rights in the Work (all capitalized terms in section a-d below are as defined in CC BY-NC-SA License):
- to Reproduce the Work, to incorporate the Work into one or more Collections, and to Reproduce the Work as incorporated in the Collections;
- to create and Reproduce Adaptations provided that any such Adaptation, including any translation in any medium, takes reasonable steps to clearly label, demarcate or otherwise identify that changes were made to the original Work. For example, a translation could be marked "The original work was translated from English to Spanish," or a modification could indicate "The original work has been modified.";
- to Distribute and Publicly Perform the Work including as incorporated in Collections; and,
- to Distribute and Publicly Perform Adaptations.
- The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats.
- Without limiting any of those representations or warranties, FlightAware has the right (though not the obligation) to, in FlightAware’s sole discretion, (i) refuse or remove any content that, in FlightAware’s opinion, violates any FlightAware policy or is in any way harmful or objectionable, or (ii) permanently terminate or deny access to and use of the Website to any individual or entity for any reason. FlightAware will have no obligation to provide a refund of any amounts previously paid.
- DMCA notice - As FlightAware asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by FlightAware.com violates your copyright, notify FlightAware, LLC in writing at 11 Greenway Plaza, Suite 2900, Houston, TX 77046.
- Aspects of the FlightAware Website, services, and technology are covered by one or more of the following FlightAware patents: U.S. Patent No. 7,786,899; U.S. Patent No. 7,907,067; U.S. Patent No. 8,160,759; U.S. Patent No. 8,165,809; U.S. Patent No. 8,214,144; U.S. Patent No. 8,296,281; U.S. Patent No. 8,332,136; U.S. Patent No. 8,497,803 U.S. Patent No. 8,606,508; U.S. Patent No. 8,958,931; and U.S. Patent No. 8,963,776.
- FlightAware®, FlightAware.com™, AirportAware®, FuelAware®, WeatherAware™, MiseryMap®, FlightFeeder®, PiAware™, HyperFeed®, FBO ToolBox™, FlightXML™, Ready to Taxi™, SkyAware®, Pro Stick®, AeroApps™, AeroAPI®, FlightAware Foresight™, Central to Aviation® and the FlightAware logos are all trademarks of FlightAware, LLC. Other trademarks are the property of their respective owners.
This Agreement constitutes the entire agreement between FlightAware and you concerning use of the Website and the terms above, and it may only be modified by a written amendment signed by an authorized executive of FlightAware, or by the posting by FlightAware of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Houston, Harris County, Texas. Claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought by FlightAware without the posting of a bond, unless a bond is required by state law or practice, in which event a nominal bond shall suffice. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FlightAware may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.Last Updated: March 30, 2021
|Your browser is unsupported. upgrade your browser|