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MyPlane Terms of Use
Introduction. Welcome to www.MyPlane.com
("MyPlane"). By accessing MyPlane you are agreeing to the following terms, which
are designed to make sure that MyPlane works for everyone. This policy is
effective 2/15/2008.
Using MyPlane. You will post in the appropriate category or
area and will not do any of the following prohibited things:
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violate any laws or the MyPlane Policies;
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be false or misleading;
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infringe any third-party right;
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distribute or post spam, chain letters, or pyramid schemes;
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distribute viruses or any other technologies that may harm MyPlane or the
interests or property of MyPlane users;
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impose an unreasonable load on our infrastructure or interfere with the proper
working of MyPlane;
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copy, modify, or distribute any other person's content without their consent;
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harvest or otherwise collect information about others, including email
addresses, without their consent;
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bypass measures used to prevent or restrict access to MyPlane.
Abusing MyPlane. Please use the flagging system to tell us about any problems or
offensive content so that together we can keep the site working properly. We may
limit or terminate our service, remove hosted content and take technical and
legal steps to keep users off MyPlane if we think that they are creating
problems or acting inconsistently with the letter or spirit of our policies.
However, whether we decide to take any of these steps, remove hosted content or
keep a user off MyPlane or not, we do not accept any liability for monitoring
MyPlane or for unauthorized or unlawful content on MyPlane or use of MyPlane by
users.
Fees and Services. Using MyPlane is free, but we sometimes charge a fee for some
of our services. Our fees are quoted in US Dollars, and we may change them from
time to time. Our fees are non-refundable, and you are responsible for paying
them when they're due. If you don't, we may limit your ability to use the
services. If your payment method fails or your account is past due, we may
collect fees owed using other collection mechanisms.
Content. MyPlane contains content from us, you, and other users. MyPlane is
protected by copyright laws and international treaties. Content displayed on or
via MyPlane is protected as a collective work and/or compilation, pursuant to
copyrights laws and international conventions. You agree not to copy, distribute
or modify content from MyPlane without our express written consent. You may not
disassemble or decompile, reverse engineer or otherwise attempt to discover any
source code contained in MyPlane. Without limiting the foregoing, you agree not
to reproduce, copy, sell, resell, or exploit for any purposes any aspect of
MyPlane (other than your own content). When you give us content, you are
granting us and representing that you have the right to grant us, a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
right to exercise the copyright, publicity, and database rights to that content.
Infringement. Do not post content that infringes the rights of third parties,
This includes, but is not limited to, content that infringes on intellectual
property rights such as copyright and trademark (e.g. offering counterfeit items
for sale). We reserve the right to remove content where we have grounds for
suspecting the violation of these terms, our policies or of any party’s rights.
If you believe that your rights have been violated, please notify Customer
Service at
MyPlane, Inc,
7432 E Tierra Buena Ln, Ste 105
Scottsdale, AZ 85260 USA
Please provide the following in any notice of alleged infringement (whether sent
through a email address or through the postal address):
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identification of the material on MyPlane that you claim
is infringing, with enough detail so that we may locate it on the website
(e.g. the unique ad number);
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identification of the rights (or works if relevant)
claimed to have been infringed;
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a statement by you that you have a good faith belief that
the disputed use is not authorized by the rights owner, its agent, or the
law;
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a statement by you declaring under penalty of perjury
that (a) the above information in your notice is accurate, and (b) that you
are the rights owner or you are authorized to act on behalf of that rights
owner;
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your address, telephone number, and email address; and
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your physical or electronic signature.
Liability. You agree not to hold us responsible for things other users post or
do. As most of the content on MyPlane comes from other users, we do not guarantee
the accuracy of postings or user communications or the quality, safety, or
legality of what’s offered. We also cannot guarantee continuous or secure access
to our services. Accordingly, to the extent legally permitted we expressly
disclaim all warranties, representations and conditions, express or implied,
including those of quality, merchantability, merchantable quality, durability,
fitness for a particular purpose and those arising by statute. We are not liable
for any loss, whether of money (including profit), goodwill, or reputation, or
any special, indirect, or consequential damages arising out of your use of
MyPlane, even if you advise us or we could reasonably foresee the possibility of
any such damage occurring. Some jurisdictions do not allow the disclaimer of
warranties or exclusion of damages, so such disclaimers and exclusions may not
apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to
you or any third party (whether in contract, tort, negligence, strict liability
in tort, by statute or otherwise) is limited to the greater of (a) the total
fees you pay to us in the 12 months prior to the action giving rise to
liability, and (b) 100 US Dollars
Personal Information. By using MyPlane, you agree to the collection, transfer,
storage and use of your personal information by MyPlane on servers located in
the United States as further described in our privacy
policy. You also agree to receive marketing communications from us unless you
tell us that you prefer not receive such communications.
General. These terms and the other policies posted on MyPlane constitute the
entire agreement between MyPlane and you, superseding any prior agreements. This
Agreement shall be governed in all respects by the internal substantive laws of
the State of Arizona as they apply to agreements entered into and to be
performed entirely within Arizona between Arizona residents, without
regard to conflict of law provisions. You agree that any claim or dispute you
may have against MyPlane, Inc. must be resolved by a court located in Maricopa County,
Arizona. You agree to submit to the personal jurisdiction of
the courts located within Maricopa County, Arizona for the purpose of
litigating all such claims or disputes.. If we don't enforce any particular
provision, we are not waiving our right to do so later. If a court strikes down
any of these terms, the remaining terms will survive. We may automatically
assign this agreement in our sole discretion in accordance with the notice
provision below. Except for notices relating to illegal or infringing content,
your notices to us must be sent by registered mail to MyPlane, Inc., 7701 E Gray
Rd, Ste 7 Scottsdale, AZ 85260, USA. We will send notices to you via the email
address you provide, or by registered mail. Notices sent by registered mail will
be deemed received five days following the date of mailing. We may update this
agreement at any time, with updates taking effect when you next post or after 30
days, whichever is sooner. No other amendment to this agreement will be
effective unless made in writing, signed by users and by us. Send questions,
comments or complaints to MyPlane Customer Service.
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