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January 23, 2010
January 23, 2010
This Website is the property of the Planes of Fame Air Museum (POFAM). POFAM has created and maintains www.planesoffame.org and store.planesoffame.org 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.
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.
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.
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 © 1956-2010 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:
Phone: +1 (909) 597-3722
Surface Mail: Webmaster
Planes of Fame Air Museum
7000 Merrill Ave # 17
Chino, CA 91710
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
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.
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.
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.
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.
- 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.
- 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.
- 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: 7000 Merrill Avenue, #17, Chino, California 91710. Delivery shall be deemed to have been made by you to POFAM five (5) days after the date sent.
- GOVERNING LAW/GENERAL
Copyright © 1956-2010 Planes of Fame Air Museum - All rights reserved