QUICK GUIDE TO CONTENTS
- MOBILE DEVICES
- CHANGES TO THIS AGREEMENT
- PRIVACY AND PROTECTION OF PERSONAL INFORMATION
- ACCOUNTS, SECURITY
- USER CODE OF CONDUCT
- DISCLAIMER OF WARRANTIES
- LIMITATIONS ON LIABILITY
- MODIFICATION/TERMINATION BY AIRCHECK
- SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE
- INTERNATIONAL USE/U.S. EXPORT CONTROLS
- THIRD-PARTY MERCHANTS
- ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
- VOTING / RATING FEATURES
- SUBSCRIPTION SERVICES
- COPYRIGHT AND TRADEMARK NOTICE
- RCS Australia Pty Ltd trading as AIRCHECK in the case of sites or applications accessed via www.aircheck.net.au, ); or
- Radio Computing (NZ) Limited Pty Ltd trading as AIRCHECK, in the case of sites or applications accessed via www.aircheck.co.nz.
I. Mobile DevicesIf permitted or available through the applicable AIRCHECK Internet Service, to (a) upload content to this AIRCHECK Site via your mobile device and/or tablet, (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse this AIRCHECK Site from your mobile device and/or (d) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the "Mobile Services"), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which AIRCHECK makes the AIRCHECK Internet Service available as well as any carrier services necessary to download content, and pay any service fees associated with any such access (including text messaging charges for each text message you send and receive on your mobile device). In addition, you must provide all equipment and software necessary to connect to the AIRCHECK Internet Service, including, but not limited to, if this AIRCHECK Site contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the AIRCHECK Internet Service and to use any part of that Service. You are responsible for ensuring that your equipment and/or software does not disturb or interfere with AIRCHECK or this AIRCHECK Site's operations or the AIRCHECK Internet Service. Any equipment or software causing interference will be immediately disconnected from the AIRCHECK Internet Service and AIRCHECK will have the right to immediately terminate this Agreement. If any upgrade in or to the AIRCHECK Internet Service requires changes in your equipment or software (including the operating system for your Device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current AIRCHECK Internet Service, including the release of new products and services, will be subject to the terms and conditions of this Agreement. You agree to follow and comply with any applicable laws in your use of the AIRCHECK Internet Service. Back to Top
II. Changes to This AgreementAIRCHECK reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. AIRCHECK will provide notice of such change on this AIRCHECK Site. Please review this Agreement and/or Additional Terms periodically for changes. Your continued use of this AIRCHECK Site and/or AIRCHECK Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately terminate and discontinue use of this AIRCHECK Site and/or the AIRCHECK Internet Service to which the changes may apply. Back to Top
III. Privacy and Protection of Personal InformationAIRCHECK has developed a Privacy and Cookie Notice in order to inform you of its practices with respect to the collection, use, disclosure and protection of personal information. You can find the current Privacy and Cookie Notice by clicking here, and by using this AIRCHECK Site you agree to the terms of the current Privacy and Cookie Notice. Back to Top
IV. Accounts, Subscription, Security, PasswordsIf a particular AIRCHECK Site or AIRCHECK Internet Service requires you to open an account or agree to Additional Terms, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form and have provided any requested information, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password, account or subscription. Additionally, you are entirely responsible for any and all activities that occur under your account or subscription. You agree to notify AIRCHECK immediately of any unauthorized use of your account or subscription. AIRCHECK is not liable for any loss that you may incur as a result of someone else using your password, account or subscription, either with or without your knowledge. You may cancel your account or subscription by delivering notice in the manner provided in the Additional Terms governing the particular AIRCHECK Internet Service. Back to Top
V. User Code of ConductIn accessing and using this AIRCHECK Site and/or the AIRCHECK Internet Services, you agree that you will not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as "spam"), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).
- Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this AIRCHECK Site, or any postings which advocate illegal activity.
- Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
- Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
- Deliver, or provide links to, any postings containing defamatory, false or libelous material.
- Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
- Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
- Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
- Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.
- Use this AIRCHECK service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this AIRCHECK Site or other users' Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.
- Attempt to gain unauthorized access to this AIRCHECK Site, any related website, other accounts, computer system, or networks connected to this AIRCHECK Site, through hacking, password mining, or any other means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this AIRCHECK Site, including harvesting or otherwise collecting information about others such as email addresses.
VI. FeesExcept where otherwise provided, access to and use of this AIRCHECK Site are currently available without charge. AIRCHECK reserves the right to charge a fee for access to this AIRCHECK Site, as well as the right to modify the fees charged for any AIRCHECK Internet Service available on this AIRCHECK Site at any time in the future upon appropriate notice to you. If at any time you do not accept these fee changes, you may immediately terminate and discontinue use of this AIRCHECK Site and/or the AIRCHECK Internet Service to which the changes may apply. Back to Top
VII. Disclaimer of WarrantiesTHE FOLLOWING CLAUSE IS SUBJECT NON-EXCLUDABLE CONDITIONS DESCRIBED IN CLAUSE VIII. YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS AIRCHECK SITE AND/OR AIRCHECK INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS AIRCHECK SITE OR AIRCHECK INTERACTIVE SERVICE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. AIRCHECK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS AIRCHECK SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS AIRCHECK SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AIRCHECK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. AIRCHECK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS AIRCHECK SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS AIRCHECK SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. AIRCHECK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS AIRCHECK SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT. AIRCHECK IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR AIRCHECK INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE. Back to Top
VIII. ExceptionsSOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, GUARANTEES, LIABILITIES AND DAMAGES, FOR CERTAIN TYPES OF CUSTOMERS AND/OR AGREEMENTS, INCLUDING RIGHTS YOU MAY HAVE, IN THE CASE OF AUSTRALIA, UNDER THE AUSTRALIAN CONSUMER LAW OR, IN THE CASE OF NEW ZEALAND, UNDER THE FAIR TRADING ACT 1986 AND CONSUMER GUARANTEES ACT 1993 ("NON-EXCLUDABLE CONDITIONS"), SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, AIRCHECK LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Back to Top
IX. Limitations on LiabilitySubject to Non-excludable Conditions, in no event shall AIRCHECK, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available this AIRCHECK Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of this AIRCHECK Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on this AIRCHECK Site or any information, software, products, services, and related graphics obtained through this AIRCHECK Site; (vi) any transactions entered into through this AIRCHECK Site; (vii) any property damage including damage to your Device or computer system caused by viruses or other harmful components, during or on account of access to or use of this AIRCHECK Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of this AIRCHECK Site and AIRCHECK Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if AIRCHECK has been advised of the possibility of damages. Australia: If you are accessing the service from Australia and the Australian Consumer Law under the Competition and Consumer Act 2010 applies, to the extent permissible by law, our total liability for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred. New Zealand: If you are accessing the service from New Zealand and the Fair Trading Act 1986 (FTA) and Consumer Guarantees Act 1993 (CGA) apply, for the purposes of section 5D of the FTA and section 43 of the CGA, the parties acknowledge that in the event that the services we provide to you under the Agreement are provided and acquired in trade, to the extent permitted by law, in respect of all matters covered by the Agreement, the parties are contracting out of the CGA and sections 9, 12A and 13 of the FTA. Back to Top
X. IndemnificationYou agree to indemnify and hold harmless AIRCHECK, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this AIRCHECK Site and any related AIRCHECK Internet Service and/or software. You agree to cooperate fully with AIRCHECK in asserting any available defenses in connection with a claim subject to indemnification by you under this Agreement. Back to Top
XI. Modification/Termination by AIRCHECKAIRCHECK reserves the right, in its sole discretion, to modify, suspend, or terminate this AIRCHECK Site and/or any portion thereof, including any AIRCHECK Internet Service, and/or your account, password, or use of any AIRCHECK Internet Service, or any portion thereof, at any time for any reason with or without notice to you. If at any time you do not accept any such modifications, you may immediately terminate and discontinue use of this AIRCHECK Site and/or the AIRCHECK Internet Service to which the modifications may apply. Termination of your account for an AIRCHECK Internet Service removes your authorization to use the AIRCHECK Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, AIRCHECK shall not be liable to you or any third party for any termination of your access to an AIRCHECK Internet Service. Back to Top
XIII. Software and Downloads Available Through This SiteAny software that is made available to access, use, view and/or download in connection with a AIRCHECK Site or AIRCHECK Internet Service ("Software"), including applications, podcasts, audio streaming, or video streaming, is owned or controlled by AIRCHECK and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement or other Additional Terms, if any, which accompany or are included with the Software. Subject to Non-excludable Conditions, AIRCHECK accepts no responsibility or liability in connection with any Software owned or controlled by third parties. Back to Top
XIV. International Use/U.S. Export ControlsAccessing materials on this AIRCHECK Site by certain persons in certain countries may not be lawful, and AIRCHECK makes no representation that materials on this AIRCHECK Site are appropriate or available for use in locations outside Australia or New Zealand. If you choose to access this AIRCHECK Site from outside Australia or New Zealand, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. The United States may control the export of software downloadable from this AIRCHECK Site. No software or any other materials associated with this AIRCHECK Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a AIRCHECK Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited. Back to Top
XV. Third-Party MerchantsThis AIRCHECK Site may enable you to order and receive products, information and services from businesses that are not owned or operated by AIRCHECK. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. AIRCHECK does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. AIRCHECK will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the AIRCHECK Internet Service. Back to Top
XVI. Advertisements, Sponsorships, Co-Promotions and Other PartnershipsAIRCHECK may display advertisements for the goods and services of a third party on the AIRCHECK Site, including in connection with co-promotions, sponsorships and other similar partnership arrangements. AIRCHECK does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this AIRCHECK Site. Back to Top
XVII. VOTING RATING FEATURESFor any voting/rating features that are available on this AIRCHECK Site, you must follow instructions on this AIRCHECK Site to submit your votes/ratings, including any restrictions set forth with respect to limitations on voting/rating. Votes/ratings received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for votes/ratings is prohibited. Votes/ratings generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating process as determined by us may be void. AIRCHECK assumes no responsibility for incorrect/inaccurate voting/rating information or for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, votes/ratings. We may, at our discretion, modify, terminate, or suspend the voting/rating or void any vote/rating should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating. We reserve the right, in our sole discretion, to disqualify any individual it finds to be violating these terms, tampering with the voting/rating process, or acting in an unsportsmanlike or improper manner and void all associated votes/ratings. Our decisions with respect to all aspects of any voting/rating element are final and binding, but not limited to, with respect to the tallying of votes/ratings and the invalidation or disqualification of any suspected votes/ratings or voters/raters. You may also be given the opportunity to participate in voting/rating features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature. Back to Top
XVIII. Subscription ServicesThis AIRCHECK Site may offer certain AIRCHECK Subscription Services such as newsletters and Real Simple Syndication ("RSS") feeds (collectively "AIRCHECK Subscription Services"). By registering for a AIRCHECK Subscription Service, you will be subject to any charges and rules set forth in the description of that service which may or may not be reflected in Additional Terms. Back to Top
XIX. Contests/SweepstakesAny sweepstakes, contests, games and/or promotional offers accessible on this AIRCHECK Site are governed by specific rules and/or terms and conditions. By entering a sweepstakes or contests or participating in such games or promotional offers available on this AIRCHECK Site, you will be subject to those rules and/or terms and conditions. It is critical that you read the applicable rules and/or or terms and conditions, which are linked from the particular page or activity. To the extent of any conflict between those rules and/or terms and conditions and these Terms, the rules and/or terms and conditions for the sweepstakes, game or promotional offer will govern, but only to the extent of the conflict. Any sweepstakes, contests, games and/or promotional offers made available or advertised on third party sites accessible from this AIRCHECK Site (such as those of social media partners like Facebook and Twitter), in addition to being subject to the specific rules and/or terms and conditions applicable to your participation in such feature(s) on this AIRCHECK Site, will also be subject to the rules and/or terms and conditions applicable to your participation in such feature(s) on those third party sites. Back to Top
XXI. Copyright & Trademark Notice
Use of Intellectual PropertyThe AIRCHECK Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, AIRCHECK logos, titles, characters, names, graphics and button icons (collectively "Intellectual Property"), are protected by copyright, trademark and other laws. The Intellectual Property is owned or controlled by AIRCHECK or by other parties that have provided rights thereto to AIRCHECK. You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this AIRCHECK Site, in whole or in part, without the express written permission of AIRCHECK or unless otherwise permitted through the functionality of this AIRCHECK Site. Other trademarks, service marks, product names and company names or logos appearing on this AIRCHECK Site that are not owned by AIRCHECK may not be used without express permission from their owners. Additionally, unless otherwise expressly permitted, websites may not link, whether by hyperlink or otherwise, to any page beyond the homepage of this AIRCHECK Site, or frame this AIRCHECK Site, or any web page or material herein, nor may any entity include a link to any aspect of this AIRCHECK Site in an email for commercial purposes, without the express written permission of AIRCHECK. Further, unless otherwise expressly permitted, you agree not to link to AirCheck Intellectual Property so as to cause you or anyone else to access AirCheck Intellectual Property other than through this AIRCHECK Site. You may inquire about obtaining permission by writing: IP Permission
200 East Basse Road
San Antonio, TX 78209
By Facsimile: (210) 832-3149
By Email: TOU@aircheck.net.au
Copyright InfringementAIRCHECK respects the intellectual property rights of third parties. By submitting any material or photographs through this AIRCHECK Site, you are granting permission to have this material posted on this AIRCHECK Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. AIRCHECK reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights AIRCHECK may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement below.
Procedure for Making Claim of Copyright InfringementIf you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereofto our Designated Agent, who can be reached as follows: By mail: DMCA Designated Agent
c/o Legal Department
200 East Basse Road
San Antonio, TX 78209
By Facsimile: (210) 832-3149
By Email: dmca@iHeartMedia.com The Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- ii. 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.
- iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AIRCHECK to locate the material.
- iv. Information reasonably sufficient to permit AIRCHECK to contact the complaining party, such as an address, telephone number, and, if available, an email address.
- v. A statement that the complaining party has 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.
- vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.