For all the intents and purposes of this "Agreement", the following definitions will apply:
"Agreement" is this AGREEMENT ON THE TERMS AND CONDITIONS OF USE.
"Charge" is the amount of money that the "User" must pay in order to receive the contracted service, should this be applicable. Normally our services are availabe free of charge.
"Contracting Parties" are the "User" and the "Owner".
"Linked sites" are dynamic references to other web sites, which may or may not be operated by the "Owner".
"Materials" are all projects, files or other attachments sent to the "Owner" by the "User" in any form.
"Owner" is the owner of the web site air-septimanie.com: Mr Markus Meurer, Schinking 33, 5760 Saalfelden, Austria.
"Pilot" is a "User" who elects to register an account at www.air-septimanie.com for the purpose of flying as a Flight Simulator pilot for the virtual airline .
"Territory" comprises the country territory on which the "Owner" will render the services requested by the "User" through the "Web Site".
"User" is a natural or legal person or his/her/its representative, identified as such by accessing the "Web Site". It is understood that the "User," when it is a representative of a legal person is expressively authorised to use the information provided on the "Web Site." The "Owner" will maintain its communications with the "User".
"Web Site" is the internet presence of the "Owner": www.air-septimanie.com.
By accessing and browsing the "Web Site" or by using and/or downloading any content from the "Web Site", the "User" agrees and accepts the "Agreement" as set forth below.
All the materials contained on the "Web Site" are provided for informational purposes only and shall not be construed as a commercial offer, a license, an advisory, fiduciary or professional relationship between the "User" and the "Owner". No information provided on the "Web Site" shall be considered a substitute for independent investigation.
The information provided on the "Web Site" may be related to products or services that are not available in the "User's" "Territory"
"User"s may elect to register as "Pilot"s at www.air-septimanie.com. In this case the following additional rules will apply:
The "Owner" reserves the right to terminate any "Pilot" account in case the "Pilot" is found violating any parts of this "Agreement".
"Linked Sites" are provided for convenience only and do not imply any approval or endorsement by the "Owner", even if the "Linked Site" may contain the "Owner's" logo, as such sites are beyond the "Owner's" control.
Thus, the "Owner" cannot be held responsible for the content of any "Linked Site" or any link contained on the "Linked Site". Any "Linked Site" was initially validated for any illegal content, but the "Owner" cannot be held responsible for re-verifying the content of the "Linked Site", unless the "Owner" has been informed in writing by the "User" or any other person, that a "Linked Site" may contain illegal content. The "Owner" will then endeavour to remove the relevant "Linked Site" from the "Web Site" should this be possible.
The "User" acknowledges that framing the "Web Site", or any similar process is prohibited.
The "Web Site" contains materials, designs, graphics and images that are owned by the "Owner" and that are protected by the rules and regulations on Copyright. These materials or any part of them may not be reprinted, published, distributed, relayed, or transferred in any way whatsoever without the prior authorisation of the "Owner".
The "User" may use this material for personal and non-commercial purposes in accordance with the principles governing intellectual property law. Any other use or modification of the content of the "Web Site" without the "Owner's" prior written authorisation is prohibited.
All materials, not limited to, but including downloadable software, contained on the "Web Site" are provided on an "as-is" and "as available" basis and without warranty of any kind to the extent allowed by the applicable law. While the "Owner" will use reasonable efforts to provide reliable information through the "Web Site", the "Owner" expressly disclaims any representation or warranty that the "Owner's" service will be error-free, timely, secure or uninterrupted. No oral advice or written information given by the "Owner", its employees, licensors or agents will create a warranty; nor may the "User" rely on any such information or advice.
The extent of this limitation of responsibility is applicable to any damage of any nature, including, but not limited to, the loss of data and programs, losses in results, losses or interruptions of businesses, and third party claims.
Under no circumstances, including negligence, will the "Owner" be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the "Owner's" service, including but not limited to reliance on any information obtained on the "Owner's" service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorised access to "Owner's" records, programs or services. The "User" hereby acknowledges that this provision will apply whether or not the "Owner" is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services.
Under no circumstance will the "Owner" be responsible for any damage, loss of data or their inputs incurred by the "User" as a consequence of his/her/its connection with the "Web Site" or due to the interruption of communication, or malfunctioning of the "Owner's" servers.
The information contained on the "Web Site" does not extend or modify the warranty that may apply to you as a result of a contractual relationship with the "Owner".
The "Owner" does not assume any obligation to monitor the information that the "User" may post on its web site.
The "User" warrants that any information, "Materials" or comments other than personal data, that the "User" transmits to the "Owner" does not infringe intellectual property rights or any other applicable law. Any such information, "Materials" or comments will be treated as non-confidential and non proprietary and the "User" gives the "Owner" an unlimited and irrevocable license to use, execute, show, modify and transmit such information, "Materials" or comments, including any underlying idea, concept or know-how in any way it chooses.
"User"s must under no circumstances use any part of the "Web Site" to harass, abuse, intimidate or stalk others or to otherwise violate their legal rights. If the "Owner" becomes aware of such behaviour, the "Owner" will forward any material to the relevant law enforcement agencies.
Any controversy or claim arising out of or related to this "Agreement" shall be governed by Austrian law. If any provision of this "Agreement" is held by a court to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The "Owner" may change this "Agreement" without notification to the "User".
The section 'Legal Notice' of the "Web Site" is an integral part of this "Agreement".