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Terms and Conditions

 

These General Terms and Conditions (“GTC”) govern Your use of the FlightStock website [http://www.flightstock.com] (“Flightstock”). By using Flightstock You explicitly agree to these GTC and agree that no other terms apply, except if agreed between You and Mach Media NV (e.g. but not limited to the “Privacy Policy” and the “FlightStock Content License Agreement”).

Mach Media NV (“Mach Media”) is a Belgian company with registered offices at Ottergemsesteenweg-Zuid 808 bus B332, 9000 Gent and registered at the Crossroads Bank for Enterprises under the number 0895.970.302. Our contact information is available on Our website www.machmedia.be.

Mach Media may hereinafter be referred to as “We” or “Us”.
We may refer to you as “You” or “Your”.
We may both be referred to as a “Party” and jointly as the “Parties”.

1. Definitions

Account Data

 

means the personal login and password that enables You to log in to Your FlightStock account.

 

Confidential information

 

means any and all information and data disclosed by either Party to the other in the context of these GTC (except Content), whether such information or data is stored on electronic media, as well as including both written and oral information and data. Information disclosed between the Parties in the context of these GTC shall constitute “Confidential Information” subject to these GTC if, (i) in the case of information disclosed in written or other tangible form, the information when disclosed is clearly labelled as “confidential” or with a similar legend, (ii) in the case of information disclosed orally, the disclosing Party notifies the receiving Party of the confidential nature of the information at the time of oral disclosure and (iii) in any case, for both information disclosed orally and/or in writing, when the Parties receiving such information should reasonably be aware of the confidential character of the information.

 

 

Content

 

 

means all content available on FlightStock, including but not limited to images, photos, designs, drawings, videos, vectors, audio, etc. relating to business aviation.

Intellectual Property Rights

 

 

means any intellectual property right, including copyrights, trademarks, trade names, rights in logos, inventions, trade secrets and know-how, registered designs, design rights, database rights, patents, semi-conductor topographies, all rights of whatsoever nature in computer software and data, all intangible rights similar or allied to any of the foregoing, in every case in any part of the world and whether or not registered; and including all granted registrations and all applications for registration, all renewals, reversions or extensions, the right to sue for damages for past infringement and all forms of protection of a similar nature which may subsist anywhere in the world.

 

Licensor

means any person submitting his Content to FlightStock and granting Mach Media with a license on the Content.

Personal Data

means any information relating to an identified or identifiable natural person.

Purchased Content

means the Content downloaded by You.

 2. Use of FlightStock and Account

2.1. In case You do not have an account, Mach Media only allows You to navigate through FlightStock. Mach Media does not grant You any rights to use the Content.

2.2. When using FlightStock in accordance with the terms of this article 2, You may sign up for an account in order to be able to download Content or share Content with us. In the latter case (share Content) Our FlightStock Content License Agreement applies. The registration of Your account is free of charge. Only legal persons are eligible to subscribe for an account. Natural persons will not be granted with Account Data.

2.3. When using FlightStock You are prohibited from:

-       Downloading, copying, or re-transmitting any or all of the materials available on FlightStock, including but not limited to the Content, for any purpose, without obtaining Mach Media’s prior written consent or without obtaining a license in accordance with the terms of article 3;
-       Creating multiple accounts;
-       Using any data gathering or extraction methods;
-       Using FlightStock to create or transmit unwanted or unsolicited communications to any person or URL;
-       Manipulating or otherwise displaying FlightStock or the Content by using framing or similar navigational technology;
-       Registering, subscribing, unsubscribing or any attempt of the foregoing for any FlightStock product or service, including but not limited to the Content, on behalf of a party, if You are not expressly authorized by such party to do so;
-       Using FlightStock or the Content for other purposes than its intended purposes, including but not limited to using FlightStock in a way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of applicable law;
-       To sell or otherwise transfer Your Account Data;
-       Removing any watermarks or copyright notices on the Content;
-       Interfering with the security of, or otherwise abusing FlightStock or any system resources, services or networks connected to or accessible through FlightStock.

2.4. Mach Media may terminate Your account at any time without notice for any material breach in relation to this GTC. Amongst others, a material breach in the context of these GTC consists of fraud, Intellectual Property Rights infringement, violation of third party’s rights including those of privacy and publicity, artificially inflating downloads, submission of material that is obscene in nature, racist, violent or that might be construed as defamatory, failure to comply with Mach Media’s guidelines, etc.

2.5. You have the right to terminate Your account. Mach Media will delete Your account within ninety (90) days following Your request to terminate Your account. All notifications should be received via e-mail.

2.6. You are at all times responsible to keep Your Account Data confidential. Mach Media shall in no event be responsible for any loss or theft of the Account Data.

2.7. Your Account Data can only be used within one legal entity only. In case other legal entities (even members of the same group) would require access to the FlightStock, separate accounts are required.

2.8. You shall, without delay, notify Mach Media about any errors, limitations or problems You encounter when using FlightStock.

3. License

3.1. You may select any Content at Your choice in order to download that Content and obtain a license on the content. You can choose to obtain a full license or an editorial license on the Purchased Content, unless the Licensor only granted an editorial license to Mach Media. The difference between a full license and an editorial license is explained in article 3.3 of these GTC.

3.2. In order to be able to obtain a license You must sign up for an account on FlightStock. When downloading the Purchased Content, We grant You with a non-exclusive, non-transferable, non-sublicensable and non-assignable right to use the Purchased Content. The right to use the Purchased Content includes, but is not limited to the right to reproduce, copy, modify, adapt, translate, communicate to the public, distribute, rent, lend, etc. for any purpose, unless provided otherwise in article 3.3 of these GTC (“License”).

3.3. The use of a full license is not subject to any purpose limitation, unless otherwise provided in these GTC. If You obtain an editorial license, You are only entitled to use the License in relation to publication purposes. Publication purposes in the context of these GTC shall include amongst others (i) publications, (ii) press related activities, (iii) publications of books and/or articles in magazines, (iv) (online) blogs), etc. The use of the Purchased Content for marketing purposes (including direct marketing) in any form is strictly excluded from the rights granted to You under article 3.1 if you obtain an editorial license.

3.4. You may not use the rights granted to You under article 3.1 in such a way that it causes direct or indirect damage or harm to Mach Media’ and/or the Licensors’ reputation.

4. INTELLECTUAL PROPERTY RIGHTS

4.1. Any material on FlightStock, including but not limited to the Content, is protected by Intellectual Property Rights. You acknowledge that FlightStock and/or its Licensors are the proprietors of all rights, title and interest in and to these Intellectual Property Rights.

4.2. All rights not specifically granted to You are hereby expressly reserved by Mach Media and/or its Licensors.

4.3. You are obliged to inform Us of any infringement of Intellectual Property Rights, vested in FlightStock or the Content, by third parties as soon as possible after becoming aware of such infringement.

4.4. Mach Media respects the Intellectual Property Rights of others and We ask You to do the same. If You believe that Your work has been copied in a way that infringes Intellectual Property Rights, or Your Intellectual Property Rights have been otherwise violated, please contact Us via [email protected], and provide Us with the following information:

-       Description of the copyrighted work or other Intellectual Property Rights that You claim have been infringed and proof thereof;
-       A copy of the hyperlink of the FlightStock webpage where the Content is located;
-       Your name, address and telephone number;

Mach Media will take Your claim into account and will provide You with an answer via e-mail to [email protected] at the latest within 7 business days.

5. Payment

5.1. The remuneration due for downloading the Purchased Content is payable in line with the payment instructions as appear on FlightStock.

5.2. All prices indicated on FlightStock are in EURO, VAT exclusive.

6. Data Protection

6.1. The processing of Your Personal Data is subject to the provisions of Our privacy policy [https://www.flightstock.com/pages/privacy-policy.html].

7. Confidential Information

7.1. Unless prior written consent by Mach Media, You agree and undertake for the duration of these GTC as well as at any time thereafter to keep any Confidential Information and know how concerning Mach Media or its activities and services which You have obtained in the framework of these GTC strictly confidential and not to divulge or disclose any part thereof to any third party, except to Your employees, officers and directors and only then to the extent necessary for the proper performance by such personnel of their duties. In order to ensure that Your personnel observes this provision, You shall require anyone with access to Confidential Information to sign a non-disclosure agreement.

7.2. Your obligations under this article shall not include, and the restrictions under these GTC shall not apply to:

-       Any information known by You prior to its disclosure by Mach Media; or
-       Any information which is in the public domain or hereinafter falls into the public domain through no fault of You; or
-       Any information disclosed to You by a third party having the right to do so.

7.3. Upon termination or expiration of these GTC for any reason whatsoever, You shall immediately return to Mach Media any Confidential Information and know how provided by Us to You.

7.4. The present article shall continue in full force and effect notwithstanding any termination or expiration of these GTC.

8. Representations and warranties

8.1. Mach Media represents and warrants that:

-       The Licensors represented and warranted that they have granted Mach Media with all necessary rights in and to the Content in order for Mach Media to be able to display the Content on FlightStock and grant You with the license in accordance with article 3.1 of these GTC.

8.2. Mach Media does not represent and warrant that:

-       FlightStock and the Content will be constantly available, or available at all;
-       The information on FlightStock is complete, true, accurate or non-misleading;
-       FlightStock and the Content is free from computer viruses or other destructive programs;
-       The Content does not infringe any third party Intellectual Property Rights;
-       The Content is in compliance with all applicable law, including but not limited to applicable data protection legislation.

9. Liability and Indemnification

9.1. Parties expressly agree that Mach Media shall not be liable for any direct, indirect or consequential damages, including but not limited to, damages for loss of business profits, business interruption, loss of business information, goodwill, use, data or other intangible losses resulting from the use of the inability of the use of FlightStock and/or Content, even if Mach Media has been advised about the possibility of such damage. In any case, Mach Media’s liability is limited to 1.000 EUR.

9.2. You will indemnify and hold Mach Media harmless against all claims issued by a third party against Mach Media in relation to Your unauthorized use of FlightStock and/or the Content.  

10. Amendments of GTC

10.1. Mach Media is entitled to amend these GTC from time to time at its own discretion. Mach Media will notify You about these amendments at Your first use after the publication of these amendments.

11. Assignment

11.1. Mach Media may transfer, sub-contract or otherwise deal with Mach Media’s rights and obligations under these GTC without notifying You or obtaining Your consent.

11.2. You may not transfer, sub-contract or otherwise deal with Your rights and obligations under these GTC.

12. Waiver

12.1. Any failure or delay by Mach Media in exercising any right under these GTC, the exercise or partial exercise of any right under these GTC, or any reaction or absence of reaction by Mach Media in the event of breach by You of one or more provisions of these GTC, shall not operate or be construed as a waiver (either express or implied, in whole or in part) of its rights under these GTC or under the said provision(s) or preclude the further exercise of any such rights. Any waiver of a right must be express and in writing. If there has been an express written waiver by Mach Media following a specific failure by You, this waiver cannot be invoked by You in favor of either a new failure, similar to the prior one, or a failure of another nature.

13. Entire Agreement

13.1. These GTC contain the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersede and replace all prior agreements or understandings, whether written or oral, with respect to the same subject matter still in force between the Parties. The Content License Agreement and the Privacy Policy are deemed to be part of these GTC.

13.2. The Parties shall use reasonable commercial efforts in order to come to an agreement regarding all matters not specifically covered in these GTC.

14. Severability

14.1. Whenever possible, the provisions of these GTC shall be interpreted so as to be valid and enforceable under the applicable law. However, if one or more provisions of these GTC is found to be invalid, illegal or unenforceable (in whole or in part), the remainder of the provision and of these GTC shall not be affected and shall continue in full force and effect as if the invalid, illegal or unenforceable provision(s) had never existed. In such case, the Parties shall amend the invalid, illegal or unenforceable provision(s) or any part thereof and/or agree on a new provision which embodies as closely as possible the purpose of the invalid, illegal or unenforceable provision(s).

15. Governing law and jurisdiction

15.1. These GTC are governed by and must be construed and interpreted in accordance with the laws of Belgium.

15.2. Any dispute concerning the validity, interpretation, enforcement, performance or termination of these GTC shall be submitted to the exclusive jurisdiction of the courts of Ghent.