Aerial Photography Directory Terms and Conditions
In these conditions the following words shall have the following meaning :-
“This Website” shall mean the website at the Internet address(es) www.aerialphotography.directory and others currently registered by Us that redirect to one or more of these Internet addresses as well as the content contained within.
“www.aerialphotography.directory”, “Pulse”, “Company”, “Us”, “We”, “Our”, or variations thereof shall mean Pulse Corporation Limited (Company No 3342682) and is the owner of This Website
“The Customer”, “You”, “Your”, or variations thereof shall mean the person, firm or Company with whom Pulse contracts.
“Goods” means the articles or things or service which are the subject matter of the Contract.
2. Use of Content
2.1 OUR CONTENT
You acknowledge that This Website contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of Us including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (the “Content”). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available or accessed through This Website. Users of This Website may use the Content only for their personal, non-commercial use. Users of this Website wanting to use the content for commercial use must obtain prior express written permission from Us.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in part or in whole, except as expressly permitted in this Agreement. Content consisting of downloadable software or media may not be reverse-engineered unless specifically authorized by the owner of the software’s patent and/or copyright.
2.2 YOUR CONTENT
You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of Your country, the country where This Website is hosted or International Law. Doing so may lead to You being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by Us. The IP address of all registered users are recorded to aid in enforcing these conditions. You agree that we have the right to remove or edit Your content at any time should we see fit. As a user You agree to any information you have entered to being stored in a database. While this information will not be disclosed to any third party without Your consent, We shall not be held responsible for any hacking attempt that may lead to the data being compromised.
You own all of the content and information that You post on This Website, and You can control how it is shared through your administration panel. In addition, for content that is covered by intellectual property rights, like photos and videos (“IP content”), You specifically give us the following permissions:
2.2.1 You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that You supply on or in connection with This Website (“IP License”). This IP License ends when You delete your IP content or Your account.
2.2.2 When You delete IP content, You understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
2.2.3 When You publish content or information it means that You are allowing everyone to access and use that information, and to associate it with You.
3. Use of This Website
You may not use the Web Service with an attempt to circumvent security measures, including but not limited to accessing data not intended for public access, logging into a server or account that You are not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation’s security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing or other deliberate attemps to overload or crash This Website.
You must not use This Website to attempt to transmit spam, flames, mail bombs, or substantially similar, unsolicited e-mail messages. For purposes of this provision, merely making one’s e-mail address accessible to the public will not constitute a request or invitation to receive messages.
We do not represent or endorse the accuracy or reliability of Content posted on This Website and You acknowledge that any reliance on such Content shall be at Your sole risk.
This Website contains links to other sites on the Internet, which are owned and operated by third parties (“External Sites”). You acknowledge that We are not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Web Master for those External Sites should You have any concerns regarding such links or the content located on External Sites.
You agree to indemnify, defend and hold Us and Our affiliates, and Our respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any party in connection with any use or alleged use of the Web Service under Your online fingerprint by any person, whether or not authorised by You. We reserve the right, at Your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to co-operate with Our defence of such claim.
5. Termination of Service
We reserve the right, in Our sole discretion, to restrict, suspend or terminate Your access to all or any part of This Website at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of this Website at any time, including the availability of any feature, database, or Content without prior notice or liability.
6. Disclaimer of Warranties; Limitation of Liability
Neither We nor any provider of third party content or their respective agents warrant that This Website will be uninterrupted or error free. Nor do We nor any third party content provider or their repective agents make any warranty as to the results to be obtained from use of This Website or the content.
This Website and its content are distributed on an ‘as is, as avaialble’ basis. Neither We nor third party content providers nor their respective agents make any warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to This Website, any content or any products or services sold through This Website.
Neither We nor any third party content provider warrant that any files avaialble for downloading through This Website will be free of viruses or similar contamination or destructive features. You expressly agree that the entire risk as to the quality and performance of This Website and the accuracy or completeness of the content is assumed solely by You.
Neither We nor any third party content provider or their agents shall be liable for any act, direct or indirect, incidental, special or consequential damages arising out of the use of of inability to use This Website, even if such party has been advised of the possibility of such damages.
Some countries do not allow exclusion or implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to You. In such countries, the liability of Us, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
7.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.
7.2 No failure or delay on the part of Us to exercise Our rights under the Contract shall operate as a waiver thereof nor shall any single nor partial exercise of any such right exclude any other or further exercise thereof. Any waiver of a breach of any provision of the Contract shall not affect Our rights in the event of any further or additional breach or breaches.
7.3 Notwithstanding termination of the Contract these Conditions shall continue in full force and effect for so long as is necessary after such termination to give full effect to the provisions contained in these Conditions
7.4 Any Contract entered into by Us and You with repect to This Website and its content shall be construed in accordance with English law which shall be the proper law of the Contract and the English Court shall have sole jurisdiction in relation to the provisions contained in these Conditions.
7.5 The clause headings in these Conditions are for convenience only and shall not affect the interpretation hereof in any way whatever
7.6 Each and every obligation contained in the clause or sub-clause of these Conditions shall be treated as a separate obligation and shall be severally enforceable as such and the non-enforceability at any time of the clause or sub-clause of these Conditions shall not prejudice the enforceability of the remainder.
7.7 You acknowledge and agree by placing one or more orders with Us that:
7.7.1 This is a transaction into which both parties are freely entering.
7.7.2 There are clauses contained in these Conditions which exclude, limit or modify the liability of Us and Our employees and agents
7.8 All charges exclude VAT, which will be charged at the prevailing rate where applicable, and are subject to these Terms and Conditions
7.9 You acknowledge that You have read this Agreement and both understand and agree with Us regarding all of the Terms and Conditions
This document was last amended on 1 November 2015.