API & Data Use Terms and Conditions
AirplaneManager.com guarantees that the website will be up and running at least 98% of the time during any 12-month period. This guarantee includes network up time, server up time, web server and service up time. It does not cover any areas where AirplaneManager.com has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar issues with subscriber's domain name, routing issues between subscriber location and AirplaneManager.com data center. The up time guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that AirplaneManager.com cannot directly influence. As a customer you may request a refund for that months charges if the system was not up and running 98% of that months time. As a customer of AirplaneManager.com you hereby agree that a customer can not file a law suite requesting damages for the site not being usable or if the site is not responding or responding slowly. CharterMatrix LLC is only responsible up to the amount of money you paid for your monthly dues that single month.
The subscriber is responsible for keeping a complete and current copy of their data/files as a backup on a remote system (not solely on AirplaneManager.com servers). AirplaneManager.com is NOT RESPONSIBLE for any lost files, information or data. AirplaneManager.com provides exporting of most data files and any file not exported may be copied or printed. AirplaneManager.com makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber data/files. Although AirplaneManager.com backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber. AirplaneManager.com does not guarantee to possess the most current copy of a subscriber's website in its own backups. In the event of criminal actions such as data mining, hacking, or SQL injections AirplaneManager.com is NOT responsible to the Integrity of the data and at no time will the member consider AirplaneManager.com liable for such criminal actions.
Intellectual Property Provisions
Subscribers of AirplaneManager.com's services are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements). All content provided within or via this site is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.
AirplaneManager.com is not responsible for any wrong quotes. Quotes are generated by values and settings setup by the aircraft operator. Some fees such as landing fees or crew fees cannot be included during the time the API generates the quote. After a quote is submitted to the API the operator will be able to review it and return a firm quote to the customer.
As an active member company using AirplaneManager.com you hereby give AirplaneManager.com and Chartermatrix LLC permission to use your company name and data on advertisements and within 3rd party contracts. AirplaneManager.com and Chartermatrix LLC has the right to share generic statistics and data from user accounts for the purpose of providing reports, advertising, or when working with industry 3rd party companies who have agreements to share data with Chartermatrix LLC and its web sites. As a user of the system you also agree that AirplaneManager.com and Chartermatrix LLC may contact you or your users by email, phone, or fax. Storage of confidential information in sections, such as note fields, is prohibited in our system. This includes, but is not limited to, credit card numbers, social security numbers, bank account numbers, and routing numbers. In the unfortunate case of an unwanted disclosure, you will be held responsible.
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of AirplaneManager.com and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that AirplaneManager.com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of AirplaneManager.com. Subscriber further acknowledges that the AirplaneManager.com's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall AirplaneManager.com be liable for any special or consequential damages, loss or injury.
Suspension of Service or Cancellation
AirplaneManager.com reserves the right to suspend network access to any subscriber if in the judgment of AirplaneManager.com, the subscriber's account is the source or target of a violation of any of the terms of the TOS, or for any other reason which AirplaneManager.com deems necessary. If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until our investigation is complete. Multiple violations of the TOS will result in permanent cancellation of the account without refund of any fee. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber's machines were suspended if the subscriber is found to be at fault. The subscriber is also responsible for maintaining a backup of his current data at all times. Upon the third violation of the terms of service no backups will be provided
Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that AirplaneManager.com may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other legally binding order, without consent or notification to the subscriber.
Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or
avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
This TOS is subject to the governing laws of the State of Washington. Courts of competent jurisdiction in Clark County, Washington shall hear and decide any disputes.
AirplaneManager.com is not liable for any damages or data loss that arise from the use of this service. AirplaneManager.com is not liable for any damages that occur from misinformation or misrepresentation by the customer which may result in a loss or corruption of data.
API Data must not be sold, loaned, or shared with any other company other than the subscribing company who is registered to receive the API data.
Sending data to AirplaneManager.com via an API or any other method means you as the sender do not place a value to your data and that your company agrees to the Hold Harmless agreement. AirplaneManager.com reserves the right to limit and throttle access to the API in any way for any reason. The frequency or method access to the API is throttled can change at any time. AirplaneManager.com issues an API Token which acts as a unique identifier for you to submit with your API requests. We may revoke this token at any time.