TERMS OF USE

 

AviationWeek.com User Agreement

The Agreement was last updated February 16, 2007

All use of the AviationWeek.com Web pages ("AviationWeek.com ") is subject to the terms and conditions set forth below. By using AviationWeek.com, you represent that you are 16 years old or older and agree to abide by the following terms and conditions. The terms "you" or "User" refers to the person who completed the registration process.

AVIATION WEEK, a division of The McGraw-Hill Companies, Inc. ("The McGraw-Hill Companies"), publisher of AviationWeek.com, reserves the right to change the terms of this Agreement. Changes will be posted at http://www.AviationWeek.com under "Terms of Use". If any of these changes are unacceptable, you may terminate your subscription as described below under "Term and Termination." Use of AviationWeek.com following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.

Definitions

AviationWeek.com contains two types of content:

"AviationWeek.com's Own Content" means information entered into AviationWeek.com by employees and authorized representatives of AVIATION WEEK.

"Other Content" means any other information entered into AviationWeek.com by Users or other persons.

Use of AviationWeek.com

AVIATION WEEK hereby grants you a non-exclusive, non-transferable license to access and use AviationWeek.com for the fees and under the terms described in this Agreement. Only one person at a time may access AviationWeek.com using the User's member name and password without the prior consent of AVIATION WEEK. The User may, free of charge and on an occasional basis, make up to 10 copies in paper form of an individual article appearing in AviationWeek.com for non-commercial use provided that the User includes all copyright and other proprietary rights notices that appeared on the original and includes a notice indicating that AviationWeek.com is the source of the material. For all other hard copy uses please contact the Permission Department at +1-212-512-3286. The User may not disseminate any portion of AviationWeek.com through electronic means, including mail lists or electronic bulletin boards, without the prior consent of AVIATION WEEK. For all other electronic uses, please contact the Custom Publishing Manager (e-mail: lyle_steel@businessweek.com). Except as expressly permitted in this Agreement, AviationWeek.com may not be reproduced, transmitted, or distributed without AVIATION WEEK's permission. The User may not commingle any portion of AviationWeek.com with any other information and shall not edit, modify, or alter any portion. All of AviationWeek.com'S Own Content is either the property of The McGraw-Hill Companies or is licensed to The McGraw-Hill Companies. The User shall honor all reasonable requests by AVIATION WEEK to protect AVIATION WEEK proprietary interests in AviationWeek.com.

The User's Content

The User grants to The McGraw-Hill Companies the non-exclusive right to use all material entered into AviationWeek.com by the User (other than third-party material transmitted through private electronic mail) in any of The McGraw-Hill Companies' print or electronic publications.

Users entering material into AviationWeek.com are responsible for the content of that material. Neither AVIATION WEEK nor The McGraw-Hill Companies has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from AviationWeek.com. However, AVIATION WEEK retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which AVIATION WEEK deems to be illegal, offensive, or otherwise inappropriate.

You may not input or distribute any material through AviationWeek.com that is promotional in nature, including solicitations for funds or business, without the prior written authorization of AVIATION WEEK.

The User agrees to indemnify AVIATION WEEK and The McGraw-Hill Companies from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which AVIATION WEEK, The McGraw-Hill Companies, their affiliates, employees, and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into AviationWeek.com with the use of the User's screen name or password.

You expressly agree not to use AviationWeek.com in any manner or for any purpose that is prohibited by these terms and conditions. In addition, you expressly agree not to:

  • use AviationWeek.com for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
  • use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of AviationWeek.com or any data or content found on or accessed through AviationWeek.com without prior express written consent;
  • obtain or attempt to obtain through any means any materials or information on AviationWeek.com that has not been intentionally made publicly available either by their public display on AviationWeek.com or through their accessibility by a visible link on AviationWeek.com;
  • in any way bypass or circumvent any other measure employed to limit or prevent access to AviationWeek.com or its content;
  • violate the security of AviationWeek.com or attempt to gain unauthorized access to AviationWeek.com nor data, materials, information, computer systems or networks connected to any server associated with AviationWeek.com, through hacking, password mining or any other means;
  • interfere or attempt to interfere with the proper working of AviationWeek.com or any activities conducted on or through AviationWeek.com, including accessing any data, content or other information prior to the time that it is intended to be available to the public on AviationWeek.com;
  • take or attempt any action that, in the sole discretion of the Web page operators, imposes or may impose an unreasonable or disproportionately large load or burden on AviationWeek.com or such operation's infrastructure.

     

    NEITHER AVIATION WEEK NOR THE McGRAW-HILL COMPANIES MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING AviationWeek.com, AviationWeek.com'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH AviationWeek.com. NEITHER AVIATION WEEK NOR THE McGRAW-HILL COMPANIES SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL AVIATION WEEK, THE McGRAW-HILL COMPANIES NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF AviationWeek.com. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST AVIATION WEEK OR THE McGRAW-HILL COMPANIES OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF RELATING TO USE OF AviationWeek.com SHALL NOT EXCEED THE TOTAL AMOUNT THE USER PAID TO AVIATION WEEK FOR USE OF AviationWeek.com DURING THE PREVIOUS TWELVE (12) MONTHS (OR IF YOU HAVE SUBSCRIBED FOR FEWER THAN TWELVE (12) MONTHS, DURING THE TIME SINCE THE USER'S SUBSCRIPTION BEGAN).

    Registration

    As part of the registration process, you must select a member name and password and provide AVIATION WEEK with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of the User's access.

    Term and Termination

    This Agreement will continue until terminated by either AVIATION WEEK or you. The Agreement can be terminated by either party by notifying the other party by telephone or electronic mail of the decision to terminate.

    AVIATION WEEK may discontinue or change AviationWeek.com, or its availability to you, at any time.

    General

    This Agreement constitutes the entire agreement between the parties relating to AviationWeek.com and supersedes any and all other agreements, oral or in writing, with respect to AviationWeek.com. The failure of AVIATION WEEK to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. 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, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State.