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LIVEATC.NET TERMS OF USE


To make it easier to understand the Terms of Use and Privacy Policy, I thought that we would start by highlighting some things in plain English. This summary is not a legal document. You'll want to read the complete Terms of Use and Privacy Policy, but here's what we consider some of the key elements:

Terms:

1) We expect you to keep any account passwords and other secure information to yourself.

2) LiveATC.net is for non-commercial (personal) use only - that means you can't use LiveATC.net and the audio streams here for personal gain, financial or otherwise.

3) You can't produce and distribute a dedicated desktop or mobile application designed to make the LiveATC.net Services directly available, without the consent of or a contract with LiveATC.net.

4) Since there are only limited numbers of connections available for streams, and because the site is funded through advertising and donations, you agree to consult LiveATC.net prior to linking directly to any of the audio streams. When you do link you agree to give credit to LiveATC.net with a prominent link to www.liveatc.net.

5) You will not use the LiveATC.net web site for any aviation, commercial, operational, law enforcement, or judicial activity that relies on the availability, validity, or accuracy of LiveATC.net data. While it contains authentic ATC broadcasts, it is for training and entertainment purposes only.

6) You will not disguise the origin of your connection to the LiveATC.net web site.

7) You will not provide false or inaccurate information to the LiveATC.net web site.

8) You will not use the LiveATC.net web site for the purpose of conducting illegal activity.

9) You will not access the LiveATC.net web site in any way that intentionally affects or significantly negatively impacts the performance or reliability of the LiveATC.net web site or the LiveATC.net audio streaming network.

10) You will only access the LiveATC.net web site with an interactive web browser (or other authorized agents, which include general purpose media players) and not with any program, collection agent, or "robot" for the purpose of automated retrieval of content, unless you are granted permission by LiveATC.net to do so.

11) You acknowledge that any ideas, concepts, techniques, ("suggestions") for new or existing services submitted to LiveATC.net or discussed on the LiveATC.net ATC Discussion Forums are not confidential or proprietary. LiveATC.net will have an unrestricted, irrevocable, world-wide, royalty free right to use, disseminate, display, distribute, and exploit any suggestions.

12) LiveATC.net has the right to moderate any and all conversations, discussions, topics, posts, and images, in the LiveATC.net Discussion Forums without prejudice.

13) Your use of LiveATC.net in any way means you agree to the Terms of Use.

Privacy:

We'll only send you emails if you sign up. We'll never give or sell your email address to another company. We hate spam, too. If you come to LiveATC.net directly from a partner site, we may share some of your information with the partner that sent you to LiveATC.net. If that's the case, we'll tell you directly that we're going to do so. No surprises. Other than that one case, we won't share any information that identifies you as an individual with any other third party. Ever.

If you decide to publicly post your personal information in our forum, we can't be responsible for what happens to that information. Post wisely.
We take great care to ensure that any personal information you store on LiveATC.net is secure and safeguarded at all times.

Read LiveATC.net's full Privacy Policy .

LIVEATC.NET TERMS OF USE
(EFFECTIVE AS OF FEBRUARY 1, 2009)


PLEASE READ CAREFULLY

Should you have any questions concerning this Agreement or need technical support, you may contact LiveATC.net support by visiting our support form .

This LiveATC.net Terms of Use Agreement (this "Agreement") is a legal agreement between you and LiveATC.net ("LiveATC.net", "we", "us" or "our") providing, among other things, the terms and conditions for your use of LiveATC.net's air traffic control ("ATC") streaming services (collectively, the "LiveATC.net Services"), including but not limited to delivery via our Web site [http://www.liveatc.net] (the "Site"), a mobile device, or otherwise.

We may from time to time modify these terms of use and will post a copy of the amended Agreement at http://www.liveatc.net/legal . If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the LiveATC.net Services (as defined below) or, if applicable, cancel your LiveATC.net Services subscription. You will be deemed to have accepted the Agreement as amended if you continue to use any of the LiveATC.net Services after any amendments are posted on the Site.

PARENTAL ADVISORY. IF YOU ARE A USER BETWEEN THE AGES OF 13 AND 17, PLEASE REVIEW THESE TERMS OF USE WITH YOUR PARENTS. LIVEATC.NET SERVICES ARE NOT INTENDED TO BE INAPPROPRIATE FOR CHILDREN UNDER THE AGE OF 13 AND WE DO NOT INTENTIONALLY COLLECT PERSONAL INFORMATION FROM CHILDREN ON OUR SITE. HOWEVER, DESPITE OUR BEST ABILITIES TO MODERATE CONTENT POSTED IN THE LIVEATC.NET FORUMS, WE CAN NOT GUARANTEE THAT CONTENT POSTED WILL BE FREE OF PROFANITY AND OTHER UNDESIRABLE CONTENT. CHILDREN UNDER THE AGE OF 13 MUST OBTAIN PARENTAL CONSENT PRIOR TO HAVING A DISCUSSION FORUM ACCOUNT ACTIVATED BY LIVEATC.NET.

THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE LIVEATC.NET SERVICES. YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE LIVEATC.NET SERVICES, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE LIVEATC.NET SERVICES. YOU MAY BE DENIED ACCESS TO THE LIVEATC.NET SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.

1. AUTHORIZED USERS

1.1 Registration. To use any aspect of the LiveATC.net Services, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the "Account Information"). You agree to provide accurate Account Information and to update your Account Information as necessary to keep it accurate. LiveATC.net will use your Account Information in accordance with its privacy policy [http://www.liveatc.net/privacy]. By providing LiveATC.net your email address, you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address, or for subscribers to mobile Services, your mobile telephone number, to send you other messages, including information about LiveATC.net and special offers. You may opt out of such email by changing your account settings or sending an email to opt-out@liveatc.net. You may opt out of mobile text messages by sending an email to support@liveatc.net. You may also opt out of mobile text messages and/or non-Service-related emails by sending mail to the following postal address:

LiveATC.net
c/o Dave Pascoe
P.O. Box 178
Amherst, NH 03031

Opting out may prevent you from receiving messages regarding LiveATC.net or special offers.

1.2 Account Confidentiality. You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. LiveATC.net will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless LiveATC.net, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

1.3 Security. To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, LiveATC.net uses appropriate physical, technical and administrative procedures to safeguard the information we collect.
We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us.

Credit card numbers are used only for processing payments and are not used for other purposes.

2. LICENSE TO LIVEATC.NET SERVICES

2.1 License Grante. LiveATC.net grants to you a limited, non-exclusive, non-transferable license to access and use the LiveATC.net Services for personal non-commercial purposes only. If you subscribe to any of the LiveATC.net Services, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions contained in this Section 2.1 may result in the immediate termination of your right to use the LiveATC.net Services. LiveATC.net reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE LIVEATC.NET SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

2.2 Updates. LiveATC.net may from time to time make available to all users of the LiveATC.net Services, updates at no cost or subject to additional fees in LiveATC.net's sole discretion. "Updates" means any updates, upgrades or error corrections to the LiveATC.net Services that LiveATC.net makes available generally to users of the LiveATC.net Services. Notwithstanding anything else contained in this Agreement, LiveATC.net will have no obligation to continue producing or releasing new versions of the LiveATC.net Services or any updates thereto.

3. RESTRICTIONS

You agree that you will not:

3.1 use the LiveATC.net Services to reproduce copyrighted materials;

3.2 copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks streamed through the LiveATC.net Services without giving credit to LiveATC.net as the source of the original material;

3.3 make the LiveATC.net Services available over a network (other than LiveATC.net's network) where it could be used by others;

3.4 make the LiveATC.net Services directly available via any other dedicated desktop or mobile commercial application, for profit or not;

3.5 access the LiveATC.net web site in any way that intentionally affects or significantly negatively impacts the performance or reliability of the LiveATC.net web site or the LiveATC.net audio streaming network;

3.6 provide your password to any other person;

3.7 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the LiveATC.net Services or any portion of them;

3.8 circumvent any technology used by LiveATC.net or its licensors to protect content accessible via the LiveATC.net Services;

3.9 use the LiveATC.net web site for any aviation, commercial, operational, law enforcement, or judicial activity that relies on the availability, validity, or accuracy of LiveATC.net data. While it contains authentic ATC broadcasts, it is for training and entertainment purposes only;

3.10 disguise the origin of your connection to the LiveATC.net web site;

3.11 provide false or inaccurate information to the LiveATC.net web site;

3.12 use the LiveATC.net web site for the purpose of conducting illegal activity;

3.13 access the LiveATC.net web site with other than an interactive web browser (or other authorized software agents, which include general purpose media players) or with any program, collection agent, or "robot" for the purpose of automated retrieval of content, unless you are granted permission by LiveATC.net to do so.

3.14 rent, lease or sublicense any of the LiveATC.net Services;

3.15 link directly to any of the audio streams without consulting with LiveATC.net. When you do link you agree to give credit to LiveATC.net with a prominent link to www.liveatc.net; or

3.16 use the LiveATC.net Services in any way that violates the terms of this Agreement.


4. COPYRIGHTS

As between you and LiveATC.net, you acknowledge that LiveATC.net owns or has a license to all title and copyrights in and to the LiveATC.net Services. All title and intellectual property rights in and to the licensed content in the LiveATC.net Services is the property of LiveATC.net and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

5. LIVEATC.NET TRADEMARKS AND THIRD-PARTY TRADEMARKS

The following are registered trademarks or trademarks of LiveATC.net: LiveATC.net as well as certain other LiveATC.net trademarks, service marks, graphics, and logos (collectively, the "LiveATC.net Trademarks") used in connection with the LiveATC.net Services. The LiveATC.net Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to LiveATC.net Trademarks or the trademarks of any third party.

6. SECURITY

The LiveATC.net Services may use technology to protect the digital information provided by LiveATC.net from unauthorized use. Your use of the LiveATC.net Services may be limited by such technology. You acknowledge that, from time to time, LiveATC.net may modify or discontinue using such technology. Security modifications made by LiveATC.net may from time to time include required updates to the LiveATC.net Services. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.

7. PRIVACY POLICY

LiveATC.net cares about your privacy. It is important that you read and understand the terms of LiveATC.net's Privacy Policy. LiveATC.net may cooperate with and disclose information (including your Forum Account Information) to any authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement due to your use of the LiveATC.net Services.

8. AGREEMENT TO PAY

If you elect to become a subscriber to any paid services provided by LiveATC.net, you agree to pay all applicable fees and charges associated with your subscription on a timely basis. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card. You will maintain valid credit card information in your Account Information.

9. TERM

This Agreement will remain effective until terminated by you or terminated by us.

10. DISCLAIMERS

10.1 THE LIVEATC.NET SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE LIVEATC.NET SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIVEATC.NET DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. LIVEATC.NET MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE LIVEATC.NET SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND LIVEATC.NET DISCLAIMS ANY LIABILITY RELATING THERETO.

10.2 LIVEATC.NET MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE LIVEATC.NET SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, LIVEATC.NET MAY MODIFY, SUSPEND, OR DISCONTINUE THE LIVEATC.NET SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER LIVEATC.NET ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE LIVEATC.NET SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

10.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. LIVEATC.NET DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

10.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE LIVEATC.NET SERVICES. LIVEATC.NET WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.

10.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE LIVEATC.NET SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT LIVEATC.NET ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.

11. LIMITATION OF LIABILITY

11.1 IN NO EVENT WILL LIVEATC.NET BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF LIVEATC.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LIVEATC.NET OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

11.2 LIVEATC.NET'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE DOLLAR (US $1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE LIVEATC.NET SERVICES AT ISSUE.

12. INDEMNITY

YOU WILL INDEMNIFY AND HOLD LIVEATC.NET, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE LIVEATC.NET SERVICES

13. GENERAL INFORMATION

13.1 You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use the LiveATC.net Services.

13.2 LiveATC.net or its business partners may present advertisements or promotional materials via the LiveATC.net Services. Your dealings with, or participation in promotions of any third-party advertisers via the LiveATC.net Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that LiveATC.net is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the LiveATC.net Services.

13.3 The LiveATC.net Services may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.

13.4 The LiveATC.net Services are owned or licensed by LiveATC.net and are protected by United States copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.

13.5 This Agreement will be governed by the laws of the State of Massachusetts. The exclusive jurisdiction for any claim, action or dispute with LiveATC.net or relating in any way to your use of the LiveATC.net Services will be in the state and federal courts of the State of Massachusetts and the venue for the adjudication or disposition of any such claim, action or dispute will be in courts located in the State of Massachusetts.

13.6 Should you have any questions concerning this Agreement or need technical support, you may contact LiveATC.net support by visiting our support form .

13.7 LiveATC.net may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on Site, as determined by LiveATC.net in its sole discretion. LiveATC.net reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Last Modified: February 1, 2009
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