We hope you enjoy Warbird Depot!
2. SERVICES AND CONTENT: Warbird Depot currently provides users with various features and services, all of which may be updated, deleted or otherwise modified from time to time at the discretion of Warbird Depot. In addition, Warbird Depot also provides access to certain photographs, text, images, statistics, logos and other media and intellectual property related to or otherwise associated with Warbird Depot. Unless stated otherwise, the Website, Services and Content are subject to the TOU. You understand and agree that the Website, Services and Content are provided "as-is" and that Warbird Depot assumes no responsibility in connection with your use of the Website, the Services or the Content. The Website, the Services and the Content are provided for your non-commercial entertainment and enjoyment. Under the TOU, you may download certain Content and Services available on the Website to a single personal computing device for your personal use and entertainment. You many not use any of the Content or Services for commercial purposes. Further, you may not distribute, modify, republish or publicly display any of the Content or Services unless you have the prior, written permission of Warbird Depot, which permission may be withheld in Warbird Depot's sole discretion.
3. ACCESS TO SERVICES: In order to use the Website or the Services or access the Content, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
5. USER MESSAGES: a. With respect to any messages, information, data, graphics, photographs, images, creative ideas, concepts, know-how, techniques, suggestions or improvements or other content that you transmit, submit to the Website and/or in connection with any of the Services (each, a "Message"), you are, by transmitting such Message, granting Warbird Depot a perpetual, royalty-free, sub-licensable, non-exclusive, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, and distribute such Message for any purpose and in any form. This license is granted automatically and no payment of any kind will be due to you. At times, Warbird Depot may solicit Messages from users. Your provision of any such Messages in response to a solicitation by Warbird Depot shall be subject to a grant of a license to Warbird Depot as specified above.
b. When any user submits any Message to the Website or any of the Services, Warbird Depot shall have the right, but not the obligation, in its sole discretion, to review, edit or delete any Message for any reason in Warbird Depot's sole discretion. It is Warbird Depot's policy to fully cooperate with law enforcement authorities and court orders which request or require Warbird Depot to disclose personal information.
c. You acknowledge and agree that Warbird Depot may preserve Messages and may also disclose Messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Message violates the rights of third parties; or (d) protect the rights, property, or personal safety of Warbird Depot, its users and the public. You understand that the technical processing and transmission of the Services, including Messages, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
6. INDEMNITY: You agree to indemnify, defend and hold harmless Warbird Depot and each respective officers, employees, affiliates and other related entities from and against any claim or demand, including reasonable legal fees and disbursements, arising out of Messages you submit or transmit through the Website or the Services, your use of the Website or the Services, your connection to the Website or the Services, your violation of the TOU, or your violation of any rights of another.
7. MODIFICATIONS TO WEBSITE, INCLUDING THE SERVICES: Warbird Depot reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice. You agree that the Entities shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the Services.
8. TERMINATION: You agree that Warbird Depot, in its sole discretion, may terminate your use of the Website and/or the Services, for any reason, including, without limitation, if Warbird Depot believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Warbird Depot may also in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice.
9. LINKING: The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because the Entities have no control over such sites and resources, you acknowledge and agree that the Entities are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Entities shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. PROPRIETARY RIGHTS: You acknowledge and agree that (i) Warbird Depot and associated logo marks are registered trade-marks of Warbird Depot; and (ii) all Warbird Depot logos and marks, as well as all other proprietary materials depicted on the Website, the Services and Content are the property of Warbird Depot or are licensed to Warbird Depot and may not be reproduced without the prior written consent of Warbird Depot. Except as expressly authorized by Warbird Depot, you agree not to reproduce, republish, transmit, distribute, copy, publicly display or otherwise use any Content or any derivative works based on the Web site, Services or Content, in whole or in part.
11. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. THE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE ENTITIES MAKE NO WARRANTY THAT (i) THE WEBSITE, SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE AND, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
12. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT WARBIRD DEPOT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED THROUGH OR FROM THE WEBSITE, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, THE SERVICES OR IN THE CONTENT; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES OR THE CONTENT.
13. EXCLUSIONS AND LIMITATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
14. NOTICE: Notices to you may be made via either e-mail or regular mail. The Website may also provide notices of changes to the TOU or other matters by displaying notices or links to such notices.
15. LINKING TO THE WEB SITE: No link to the Website may be "framed" to the extent such frame contains any sponsorship, advertising, or other commercial text or graphics. All links to the Website must be to warbirddepot.com, the Website home page. "Deep Linking" to internal pages of the Website is expressly prohibited.
16. GENERAL PROVISIONS: The TOU constitute the entire agreement between you and Warbird Depot and governs your use of the Website, the Services and access to the Content, superseding any prior agreements between you and Warbird Depot. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and Warbird Depot shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and Warbird Depot agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario. The failure of Warbird Depot or any of the other Entities to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.