Planes of Fame Air Museum
 
Planes of Fame Air Museum
 
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Last Updated: 
December 26, 2019 

This Website is the property of the Planes of Fame Air Museum (POFAM).  POFAM has created and maintains www.planesoffame.org and planesoffame.mybigcommerce.com and affiliate website/s in order to provide information about POFAM, including its resource, collection, service, event and visitor information. When you access this Website, you acknowledge and accept the following terms and conditions.  

Acceptance of Access and Use
If you access and use this Website, you indicate that you agree with and comply with these terms and conditions. If you don’t agree, you should not use the Website.  POFAM grants users the limited right and permission to use its Website/s provided you abide by all of its terms and conditions of use.
This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Website may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. POFAM and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if POFAM believes that customer conduct violates applicable law or is harmful to the interests of POFAM and its subsidiaries.

  1. DISCLAIMERS
    The purpose of the Planes of Fame Air Museum Website is to provide information about the Museum, its mission, history, services, activities, and resources. The Museum seeks to ensure that all content published at this Website is as current and accurate as possible.

    POFAM may provide links to third-party, external websites on its own Website, but has no control over the external websites or their content and takes not responsibility for the accuracy, content and/or appropriateness, practices, or policies of these third-party websites. Our Privacy Policy only applies to our Museum’s Website.  Please consult these external websites regarding their own privacy policies and terms of use. By using the POFAM Website and then accessing these third-party websites, you release POFAM of all liability that may occur by using these external websites.

    Warranty Disclaimer
    YOU AGREE THAT YOUR USE OF THE WEBWEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PLANES OF FAME AIR MUSEUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBWEBSITE AND YOUR USE THEREOF. PLANES OF FAME AIR MUSEUM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBWEBSITE'S CONTENT OR THE CONTENT OF ANY WEBWEBSITES LINKED TO THIS WEBWEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBWEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. PLANES OF FAME AIR MUSEUM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PLANES OF FAME AIR MUSEUM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


  2. COPYRIGHT
    The content of this Website is the property of POFAM and/or its licensors and is subject to trademark and intellectual property rights laws.  Contents, referred to hereafter as “materials”, include images, text, source code, audio, video, graphics, design, photographs, and interactive elements, except as noted otherwise by attributions.  These materials are owned by POFAM or used by POFAM in accordance with copyright laws and with the permission of third parties.

    Users are permitted by POFAM, except where indicated otherwise, to use materials on our Website for noncommercial, informational, educational, and personal purposes only.  Any copy made of these materials must include the following copyright notice:  Copyright © 1956-2020 Planes of Fame Air Museum. All rights reserved. Copyright of some materials on the Website may be held by individuals and/or entities other than POFAM, but they have given permission only to POFAM regarding use.  Commercial use, in any form, of the materials on this Website is prohibited with the consent of POFAM.  Copyright notices and attributions may not be removed from any materials.  It is expected that you will comply with all applicable domestic and international laws and regulations when using the Website materials and the Website itself.

    Content on the Website is provided to users “as is” for your personal use only.  You may not modify copy, transmit, display, make derivative materials, sell, reproduce, distribute or license any materials on the POFAM Website, except as permitted under copyright laws and/or by obtaining appropriate written permission from POFAM or other respective copyright owners.

    Digital Millennium Copyright Act (DMCA Notice)

    Planes of Fame Air Museum is committed to honoring intellectual property rights.  If you have questions regarding copyright issues related to any of the Planes of Fame Air Museum’s web resources, or allegations of copyright infringement, please notify the Museum's designated DMCA agent.  Any and all material claimed to be infringing a copyright will be removed immediately and DMCA resolution procedures will be invoked. Our DMCA agent can be contacted as follows:

    Email:   executive.director@planesoffame.org
    Phone: +1 (909) 597-3722

    Surface Mail:  
    Executive Director, Planes of Fame Air Museum
    14998 Cal Aero Drive
    Chino, CA 91710-9085

    Please provide the following information to avoid delays in notifying POFAM of an alleged copyright infringement:
    • a written description of the copyrighted work/s that is claimed to be infringed and its location on our Website/s;
    • a written statement by you that you have a good faith belief that the use of the material noted is not authorized by the copyright owner, or its agent, or the law;
    • a written statement signed by you declaring, under penalty of perjury, that the information in your notification is accurate, and that you are duly authorized to enforce the copyrights on the allegedly infringed material;
    • your contact information: name, address, email address and phone number;
    • your electronic or physical signature

  3. TRADEMARK
    All trademarks and trade names of Planes of Fame Air Museum used on any Website/s owned or operated by or for POFAM are registered trademarks or trademarks of POFAM or its affiliates. All brand, product, service, and process names appearing on any Website/s owned or operated by or for POFAM are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by POFAM. Trademarks of POFAM may not be used, copied, republished, posted, uploaded, distributed, modified, reproduced or transmitted in any manner without the written permission of POFAM.


  4. SUBMISSIONS
    A. The POFAM Website may now or in the future permit the submission of videos, photographs or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that, whether or not such User Submissions are published, POFAM does not guarantee any confidentiality with respect to any submissions.

    B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize POFAM to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person sufficient to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.

    C. You will retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to POFAM, you hereby grant POFAM a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in perpetuity in connection with the Website and POFAM's (and its affiliates', successors' and assigns') businesses, including without limitation: (i) for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels; and (ii) for inclusion in products and services to be marketed by POFAM (by way of example only, films, television programs, interactive games, Internet websites, books and collectibles). You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.

    D. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant POFAM all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage POFAM or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person. POFAM does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and POFAM expressly disclaims any and all liability in connection with User Submissions. POFAM does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and POFAM will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. POFAM reserves the right to remove Content and User Submissions without prior notice. POFAM may also terminate a User's access to its Website if such User is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. POFAM also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. POFAM may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

    E. You understand that, when using the POFAM Website, you will be exposed to User Submissions from a variety of sources, and that POFAM is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against POFAM with respect thereto, and agree to indemnify and hold POFAM, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

    F. POFAM permits you to link to materials on the Website for personal, non-commercial purposes only.  POFAM reserves the right to discontinue any aspect of the POFAM Website at any time.


  5. INDEMNIFICATION
    You agree to defend, indemnify and hold harmless POFAM, its Board of Directors, officers, directors, employees, any of its affiliates, and agents from and against any and all liabilities, claims, losses, costs, damages, and expenses, including attorney’s fees that occur from your use of the POFAM Website, your violation of the terms and conditions of use, or your violation of any third party right.


  6. LIMITATION OF LIABILITY
    IN NO EVENT SHALL PLANES OF FAME AIR MUSEUM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLANES OF FAME AIR MUSEUM SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PLANES OF FAME AIR MUSEUM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE SITE IS CONTROLLED AND OFFERED BY PLANES OF FAME AIR MUSEUM FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. THE PLANES OF FAME AIR MUSEUM MAKES NO REPRESENTATIONS THAT THE PLANES OF FAME AIR MUSEUM SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLANES OF FAME AIR MUSEUM SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.


  7. FORCE MAJEURE
    POFAM or you, as user, shall not be liable for any failure, delay, or damages in performance to the extent said failures, delays or damages are caused (1) by causes beyond either party’s reasonable control and occurring without either party’s fault or negligence, including, without limitation: Acts of God (including fire, storm, earthquake, hurricane, flood or other natural disasters), war, riots, acts of foreign enemies, civil war, insurrection, terrorist activities, labor dispute, strike, incapability to obtain raw materials, interruption or failure of electrical power or telephone service, fuel shortages, transportation failures, boycotts, or any law of any government or legal body.


  8. LEGAL NOTICE
    All notices from POFAM to you may be posted on our Website and will be deemed delivered within thirty (30) days after posting. Notices from you to POFAM shall be made either by e-mail, sent to the address we provide on our Website, or first class mail to our address at: 14998 Cal Aero Drive, Chino, California 91710-9085.  Delivery shall be deemed to have been made by you to POFAM five (5) days after the date sent.


  9. ABILITY TO ACCEPT TERMS OF USE
    You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are 13 years of age or older, as the POFAM Website is not intended for children under 13. If you are under 13 years of age, please do not use the POFAM Website. Talk to your parents about what websites are appropriate for you.


  10. ASSIGNMENT
    These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by POFAM without restriction.


  11. GOVERNING LAW/GENERAL
    You agree that the POFAM Website shall be deemed solely based in California; and the POFAM Website shall be deemed a passive website that does not give rise to personal jurisdiction over POFAM, either specific or general, in jurisdictions other than California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and POFAM that arises in whole or in part from the POFAM Website shall be decided exclusively by a court of competent jurisdiction located in California. These Terms of Use, together with the Privacy Policy below and any other legal notices published by POFAM on this Website, shall constitute the entire agreement between you and POFAM concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and POFAM's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. POFAM reserves the right to amend these Terms of Use at any time and without notice; it is your responsibility to review these Terms of Use for any changes. Your use of the POFAM Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND POFAM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE POFAM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


  12. STORE
    These Terms of Use and this Privacy Policy apply to the POFAM online store (Gift Shop).


  13. CHANGES
    POFAM reserves the right to change its Terms of Use at any time, without advance notice. Users are encouraged to periodically review the Museum’s the Terms of Use for updates.  Questions or concerns related to these Terms should be directed to the executive.director@planesoffame.org.

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