Terms of Use

  • Effective Date: 7 May 2018
  • Version 1.00  -  Updated 7 May 2018

Accounts

To upload photos to AirHistory.net, you must have an AirHistory.net user account. For the time being, the opportunity to upload photos to AirHistory.net is by invitation only. Those invited to create an account will receive a personal invitation code, which must be entered when you create your account. If and when AirHistory.net is able to lift this restriction, an announcement will be made on the home page.

By opening a user account, you agree to these Terms of Use and acknowledge to have read and understood them.

To create a user account, you will need a login name, a photographer display name, a password, and an email address. Names violating third party rights, in particular trademarks or name rights, as well as illegal or offensive names are prohibited.
When your account is open, it is your responsibility to keep your details up-to-date. The login data must not be disclosed to any third party. Should there be a risk of a breach of security or unauthorised use of your account, you must notify us immediately.
You are liable for any use of and/or any activity carried out with your account or data in accordance with the law. AirHistory.net is not liable for any damages caused by a breach of security or unauthorised use.
It is prohibited to create multiple user accounts.

Copyright

AirHistory does not acquire or claim copyright over photographs in its database. Copyright at all times remains the property of the copyright holder.
For all the photographs you upload to AirHistory.net you must be the copyright holder, or have another legal right to upload the photos, for example if you have the permission of the copyright holder, or if no copyright applies to the photos you upload.
In general, if you took the photo, you own the copyright and you can upload to AirHistory.net without concern. Copyright for photos taken professionally might not be as clear but professional photographers should have an understanding of how copyright law applies to them. Please read the rest of this section. It contains important information about copyright breaches – you may be a victim – and AirHistory.net's role in copyright matters generally.

AirHistory.net does not verify if you have a legal right to upload your photos. You, not AirHistory.net, are fully responsible for any infringement of copyright caused by the photos and any other content you upload or otherwise make available via the AirHistory.net website.
You agree to indemnify and hold AirHistory.net and its officers harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of a breach of copyright by you.
Photographs subject to a claim of copyright breach will be immediately withdrawn from public view until the matter is resolved. AirHistory.net will not act as a broker, mediator or otherwise take part in reaching a copyright resolution.

Photos in dormant user accounts remain subject to copyright protection for so long as they are entitled to by law.

Prohibited Use

AirHistory.net may only be used within the limitations of the law. It is expressly forbidden to upload pictures, articles or other content that:
  1. Violate applicable law, third party rights (especially the right to privacy and the right to one's own image) or the principles of youth protection;
  2. Contain obscene, pornographic, abusive, insulting, defamatory, offensive or indecent content;
  3. Could promote racism, fanaticism, hatred, physical violence or illegal actions;
  4. Quote from other people, written or otherwise.

Furthermore, it is expressly forbidden to upload political articles or advertising for political parties, boycott or deletion requests of any kind as well as personal information of any person including yourself. Quotes from other people, written or otherwise, must not be uploaded. Linking to websites with illegal content is prohibited.

You are responsible to ensure photos and other content uploaded are free of viruses, worms, trojan horses or other malicious software, that could endanger or impair the content or functionality of AirHistory.net or the computers of people using the AirHistory.net website.

Photographs cannot be downloaded from AirHistory.net for other than private use. They cannot be shared or distributed for any purpose, including private use, to third parties.
Photographs downloaded from AirHistory.net cannot be uploaded at any other website or used in any publication without the written consent of the copyright holder. Photographs downloaded from AirHistory.net cannot be sold, traded or otherwise used for any commercial purpose without the written consent of the copyright holder.

The Rights of Users

You have a right to privacy. AirHistory.net takes your privacy very seriously and adheres strictly to the rules of applicable privacy laws. Personal information is only gathered if technically necessary. Personal information will not be sold under any circumstances.
Our use of your email address is limited to informing you about the status your photo uploads or its data and about developments on our website. We will also forward messages to that email address from people using the Contact link in the photo caption. You must have this option enabled to receive these messages.

You have the right to sell a right or licence to use your photographs to a third party. We do not charge or claim a fee or commission if you sell a right or licence to use your photographs as a consequence of them being displayed at AirHistory.net.
AirHistory.net will not act as a broker, mediator or otherwise take part in negotiations between the copyright holder and a third party to purchase a right or licence to use a photograph.

AirHistory.net will not violate a user's copyright. We will not sell or agree to supply your photographs to other websites or organisations. All requests for use of your photograph will be passed to you for you to deal with.
AirHistory.net will not use photos for promotion, advertising or any purpose other than display as part of the AirHistory.net historic database.

The Rights of AirHistory

AirHistory reserves the right to not accept an uploaded photograph for any reason. Uploaders will be advised of the reasons.
AirHistory.net reserves the right to amend, delete and add to data provided with photographs if the information is incorrect or insufficient. We can amend data for database consistency.

AirHistory.net reserves the right to amend or delete in part or in full the user's personal remarks in the photo caption (Photographer's Remark) for any reason, including text that is:
  1. Incorrect, incomplete or misleading;
  2. Obscene, threatening, abusive, hateful, harassing, defamatory, discriminatory or otherwise offensive;
  3. Inappropriate to the aims of AirHistory.net such as personal messages, political statements, religious exhortations, website URL addresses and advertising;
  4. Private information such as addresses, both email and physical, and telephone numbers.

Dormant User Account

AirHistory.net will not terminate your account because it has been inactive. The account remains in existence for the life of the AirHistory.net database and your photographs remain copyrighted to the original copyright holder for as long as they are legally entitled to protection.

Cancellation of User Account

You and AirHistory.net can cancel your account at any time for any reason. However, it is preferred you allow your account to remain dormant so your photos remain part of the database. That way they remain accessible to researchers and casual visitors alike. If you insist your photos be removed, AirHistory.net will accede to your request.

Minimum Age

Anyone who registers for a user account on AirHistory.net must be 16 years or older. If we are notified that we have collected data from a child under the age of 16, we will delete that information as quickly as reasonably possible.

Exclusion of Warranties

AirHistory.net is provided "as is" and cannot give any guarantees that:
  1. AirHistory.net will meet the requirements of users of the website;
  2. Use of AirHistory.net will be uninterrupted, timely, secure or free from error;
  3. Any information obtained from AirHistory.net will be accurate or reliable.

Limitation of Liability

AirHistory.net has no responsibility to pay compensation for financial loss or loss of opportunity, goodwill, reputation, business, revenue, profit, or savings you expected to make, or wasted expenditure:
  1. For any photographs or data which are lost or corrupted;
  2. For any damage to a computer system, internet access, download or display device or loss of data that results from the download of any material from the AirHistory.net website;
  3. For the unavailability of AirHistory.net.

Changes to this Terms of Use

AirHistory.net reserves the right to amend these Terms of Use at any time. We will notify you a reasonable amount of time in advance of any modifications that will materially disadvantage you or materially limit your access or usage of AirHistory.net. Your continued use of AirHistory.net after the effective date of any such modifications means that you agree to the Terms as modified.
For modifications to the Terms or to AirHistory.net that we need to make to meet security, safety, legal or regulatory requirements, we may not be able to notify you in advance but we will let you know as soon as practicable.

Final Provisions

These Terms of Use are governed by the laws of the Kingdom of the Netherlands.
In case any of the provisions becomes invalid, the other provisions remain unaffected. If any of these terms is or becomes invalid, the parties try to agree on a substitutional provision that reflects the purpose of the contract and the economical intention of the invalid term best.

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