Welcome to Oshkosh365 (the “ Site”). The Site is provided to you for your personal and non-commercial use only, and such use is subject to these Terms and Conditions as they may be amended from time to time. The Site provides Aeronautical, Social and Educational forums for exchange of ideas for your entertainment, information, education and communication.
As used herein, the terms “’we,” “us,” and “our” refer to Experimental Aircraft Association, Inc., (“EAA”) the owner and provider of the Site, and the terms “you” and “your” refer to any and every user of the Site.
These Terms & Conditions (“Terms”) state our policy for acceptable use of the Site and content Posted on the Site, your rights, obligations and restrictions regarding your use of the Site and the Site's Disclaimer & Privacy Statement found here. Please read these Terms very carefully, since they define your rights and obligations with respect to the Site.
By accessing the Site you accept the Terms fully and completely, without any qualification, limitation or reservation whatsoever, and you agree to all of your obligations and our rights stated herein. You do not have the option of using the Site without agreeing to the Terms in full and as stated and Posted and amended from time to time. Similarly, by accessing the Site and/or any of its services you agree to abide by and be bound by all applicable laws, regulations and ordinances (“Applicable Law”).
We reserve the right to revise, amend and modify these Terms as and when we, in our sole discretion, determine that it is in our best interest to do so. Any and all such modifications will be effective immediately upon Posting on the Site. You agree to and will be bound by any changes to these Terms when you access the Site after any such modification is Posted. It is your responsibility to review these Terms regularly so that you are aware of any such revisions, amendments and modifications. These Terms constitute the entire agreement between us and you regarding your access to and use of the Site and the information and services it offers, and supersede any and all different or conflicting statements regarding the use of the Site, and all prior versions of the Terms.
You may not use the Site for any purpose that is prohibited by these Terms or by Applicable Law. We reserve the right to terminate your access to the Site, in our sole discretion, at any time with or without notice if you fail to comply with any provision of the Terms or Applicable Law or for any other reason, or for no reason whatsoever.
By accessing the Site, you expressly and without qualification agree that you will not:
(a) Use the Site or any of its contents for any commercial purpose whatsoever;
(b) Access, monitor or copy any content or information on the Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(c) Take any action that imposes, or may impose, in our sole judgment, an unreasonable or disproportionate burden on our infrastructure;
(d) "Frame," "mirror" or otherwise incorporate any part of the Site into any other website without our prior written permission;
(e) Access or use the Site in any way that is not in compliance with any Applicable Law, contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
(f) Access, tamper with, or use the Site or areas of the Site that you are not authorized to access;
(g) Alter information on or obtained from the Site;
(h) Impersonate or misrepresent your affiliation with any person or entity;
(i) Reverse engineer any licensed software, application, or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
Content on the Site
All content on the Site is protected by copyright and/or trademark and other Applicable Law, in our favor and/or in favor of others. Except as specifically provided in the immediately following sentence, you may not repurpose, modify, copy, reproduce, republish, upload, Post, transmit, publicly display, prepare derivative works based on, or distribute in any way any content from the Site, including but not limited to text, audio, video, code and software. Subject to these Terms, you may download content from the Site for your own personal and non-commercial use only (provided that you also retain all copyright and other proprietary notices contained on the content materials).
We make no representation or warranty that your downloading from or use of content from the Site will not infringe rights of third parties, and we explicitly disclaim any liability for any claim or damages you may incur as a result of such downloading or use.
We disclaim all responsibility for the suitability, accuracy, competence, reliability or value of any and all content on the Site of a technical, operational, mechanical, structural, scientific, engineering or practical nature (“Technical Content”) and for any and all results of your use or other persons’ use of such Technical Content. We cannot and will not be responsible to filter, screen, monitor, edit, delete or otherwise detect and address Technical Content that may have been Posted on the Site.
As used herein, “Post” shall mean submit, upload, post, provide, display, transmit and/or exchange information, ideas, opinions, advice, photographs, images, video, creative works or other information, messages, transmissions or material to the Site or to us or to others by means of the Site. We do not control Postings, and we disclaim any obligation to monitor, edit, or review any Postings. Postings do not indicate or reflect our views or our position or advice. We do not assume, and we explicitly disclaim, any responsibility or liability: (a) arising from the content of any Postings; or (b) for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. You may not Post any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that could be considered a criminal offense or a nuisance, or could give rise to civil liability, or otherwise violate any Applicable Law.
Without limiting the foregoing, you may not Post anything that includes, encourages or supports:
* Strong, vulgar, obscene or otherwise harmful language;
* Racially, ethnically, sexually or otherwise objectionable language;
* Harassing, intimidating, stalking or threatening messages;
* Libelous, defamatory, untrue, misleading or otherwise tortious language;
* Online vandalism;
* Impersonation of another person;
* Posting, distributing, transmitting or promoting illegal content of any kind;
* Invasion of another's privacy;
* Actions that are or may be hurtful to minors;
* Any materials or information infringing on the rights of a third party;
* Any junk mail or spam; or
* Any material that contains any malicious or harmful or potentially harmful computer code, or reverse engineering or hacking any materials on the Site.
We will fully cooperate with any law enforcement authorities, court orders or Applicable Law directing or requesting the Site to disclose the identity of anyone Posting any such information or materials.
By Posting anything to the Site, you represent and warrant that: (i) you own the Posted content or otherwise have the right to grant the license set forth below (the “License”), and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
By displaying or Posting content on the Site, you hereby grant us a perpetual, transferable, nonexclusive global license to publish, adapt, repurpose and resell, an unlimited number of times, all of the content and material submitted by you to the Site. These nonexclusive publishing license and resale/adaptation rights extend to any materials submitted "for publication" within the Site, including without limitation both message board Postings and content submitted for uploading and subsequent publishing within non-message board portions of the Site. Neither we nor our staff will be responsible for any misleading, false, harassing, defamatory or otherwise injurious or objectionable information or advice, including without limitation Technical Content, communicated on the Site or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage of any kind whatsoever directly or indirectly suffered by a user through the user's use of, transmittal of or reliance on any information or advice gained on the Site, even if such use, transmittal or reliance is reasonable.
The Site may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.
Communications Decency Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at various online websites.
Pursuant to Title II of the Digital Millennium Copyright Act (“DMCA"), 17 U.S.C. Section 512, as amended, we reserve the right to terminate your right to access and use the Site if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We have a policy of terminating the account and right to access and use the Site of any user who is a repeat copyright infringer, as determined by us in our sole discretion. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with DMCA. All claims of infringement must be submitted in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement by mail:
Agent for DMCA Notices
Experimental Aircraft Association, Inc.
3000 Poberezny Rd
Oshkosh, Wisconsin 54902
Telephone: (920) 426-6829
In addition, any written notice regarding any infringing or defamatory activity, whether of a copyright, patent, trademark or other proprietary right must include all of the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, submit a list of such materials.
C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, or that is claimed to be defamatory, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address at which you may be contacted.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
Release and Indemnity
You, for yourself, your heirs, family members, personal representatives and assigns, release and discharge us and our affiliates, directors, officers, employees, agents, vendors and consultants (collectively, the “Releasees”) from, and agree not to sue the Releasees or any of them for, any and all claims for any injury of any kind arising directly or indirectly from your access and or use of the Site or any content, including without limitation Technical Content, Posted on the Site.
You agree to indemnify and hold the Releasees harmless from any claim, demand, loss, and cost, including without limitation attorneys' fees and costs, made by any third party due to or arising directly or indirectly from: (a) any information or material, including without limitation Technical Content, Posted, provided, transmitted or otherwise made available by you on the Site or through the Site's services, or any actions by others based on such information or material; (b) your use or application or transmittal to another person of any such information or material Posted by other persons to the Site; (c) your violation of any of these Terms & Conditions; and (d) your direct or indirect violation of the rights of another involving in any way your access to and or use of the Site.
Disclaimers and Limitation of Liability
You understand and agree that the Site is provided "As-Is" and that we assume no responsibility for your ability (or any costs or fees associated with your ability) to obtain access to the Site. Further, we assume no liability or responsibility for the failure to store or maintain any user communications or personal settings.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY LIABILITY OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
IN NO EVENT SHALL THE SITE OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by Applicable Law notwithstanding their exclusion by contract.
If there is any dispute about or involving the Site or its Services, you agree that the dispute shall be governed by the Applicable Laws of the State of Wisconsin, USA, without regard to their conflict of law provisions, and you agree to and hereby submit to exclusive personal jurisdiction and venue in the state courts and United States federal courts located in the State of Wisconsin with respect to any and all disputes directly or indirectly arising hereunder. We make no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The section titles and other headings in these Terms & Conditions are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision. If any provision of these Terms & Conditions is unlawful, void or unenforceable, that provision is deemed to be severable and does not affect the validity and enforceability of any remaining provisions.