FlightMemory Terms of Service

Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE, ITS MATERIALS, INFORMATIONS, PRODUCTS, SERVICES OR SIGNING UP FOR THE FREE OR PAID SERVICES.

DEFINITIONS IN THESE TERMS OF SERVICE
The terms "We", "Us", "Our Website" and "Company" refer to Heret Informatik Service (hereafter called "HIS"), a German corporation. The term "you" and its variations (e.g. "yours") refers to any visitor visiting the Website and/or then signing up for the services offered or buying directly the offered products or indirectly through any of our affiliates through whom we provide (or may provide) same or equal services.
The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices. Your use of this website constitutes your agreement to all such terms, conditions, and notices. We reserve the right to change these terms, conditions, and notices and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of our website and facilities.
The term "application" is used to describe the actual system used by singed up or signed in users.
The terms "user" and "users" is used to describe such visitors, who have signed up for any service, may it be free or paid.
The term HIS is used to describe the provider of FlightMemory and reflects the name Heret Informatik Service (see ownership for more details).
The term "FlightMemory" is used to describe the services of the site found on the URL "FlightMemory.com" or other TLD’s (Top Level Domains) such as "co.uk".

THE APPLICATION
FlightMemory is best described as an online logbook of flights of users. It allows users to enter their data of flights and additional data about these flights in order to produce tables and maps based on these statistics. FlightMemory reserves the right to enhance, reduce and/or change the current functionality as well as to add new functionality in the future.

OWNERSHIP
Heret Informatik Service (HIS) runs and operates FlightMemory.com (as well as FlugStatistik.de and future tld’s for this application). The company is based in:
Am Kuehlen Grund 5
65835 Liederbach im Taunus
Germany.
It is represented by Robert Heret.

All Software on this Website and the contents of this Website is the copyrighted work of HIS. You will not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on our site. Trademarks, logos and service marks displayed on our site are our registered and common law trademarks. Your use of and access to our site does not grant you any license or right to use any of the trademarks. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our site.
Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
Trademarks, logos and service marks displayed on our site are our registered and common law trademarks. Your use of and access to our site does not grant you any license or right to use any of the trademarks. You will not use any robot, spider, other automatic device, or manual process to monitor materials available through our site.
LIMITATIONS ON USE OF WEBSITE, ITS SERVICES AND/OR PRODUCTS
This Website is for your personal and non-commercial use. You agree that the services and/or products available on this Website shall be used only to make legitimate data entries or purchases of products for you or for another person for whom you are legally authorized to act. You understand that abuse of the services and/or products available on this Website may result in you being denied access to such services or products.
Any corporation, company or other commercial entity is denied the usage of this site, the services, products and especially any statistics this site produces and will be fined and/or sued accordingly if such use is detected by us. Such commercial entities are asked to contact us, should they have interest in this site, its services or products to determine a possible solution through a binding and legal contract with HIS.

WARRANTY DISCLAIMER
WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITE AND/OR ANY CONTENT, DATA, MATERIALS, INFORMATION, PRODUCTS OR SERVICES PROVIDED ON OUR SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES OF THE UNITED STATES OF AMERICA DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.

LIABILITY DESCLAIMER
IN NO EVENT SHALL FlightMemory or HIS BE LIABLE FOR (1) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT OR IMAGES FROM OUR SITE OR (2) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE, OR (III) THE PERFORMANCE OR NON PERFORMANCE BY US OR ANY THIRD-PARTY PROVIDER TO OUR SITE, EVEN IF WE HAVE BEEN, OR A THIRD-PARTY PROVIDER HAS BEEN, ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

OBIDING LAWS AND PROHIBITED USAGE
As a condition of your use of FlightMemory, you warrant that you will not use FlightMemory for any purpose that is:
- unlawful or prohibited by these terms, conditions, and notices
- unlawful or prohibited by the laws of the country you reside in
- unlawful or prohibited by the laws of the country that you use FlightMemory from
- unlawful or prohibited by the laws of Germany or the European Union

DEBARMENT OF United Nations Convention on Contracts for the International Sale of Goods – CISG

HIS debars the CISG convention for the International Sale of Goods of the United Nations. Therefore any transaction involving the sale of goods is only subject to German law.

IDEMNIFICATION
You will defend and indemnify us and any of our officers and employees from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf in excess of the liability described above or by third parties as a result of your breach of these terms and conditions, the documents made part of these terms and conditions by reference, your violation of any law or the rights of a third party or your use of our site, your respective law as described above or German and/or European laws.

ORDERING AND SHIPPING POLICIES

- PAYMENT AND RETURNS
Payment options:
For all products available on FlightMemory.com we use and accept PayPal-transactions to ensure each way a user might want to transact can be met.
PayPal offers credit-card-payments, withdrawl and/or an own account at PayPal to use for transactions with FlightMemory.
Users from Europe are asked to use direct banktransferal to avoid additional costs through PayPal.

Returns/Cancellations:
For all products available on FlightMemory.com, we cannot accept the canellation or return of such products that are produced individually for a user (poster, T-Shirt) once production has started.
Also for all other products, due to the international user base we cannot take back any purchased items.

SHIPPING:
Shipping costs vary according to the location of the user. Please check the stated costs for each country in the ordering-process.

PRIVACY
Your use of our site is subject to our Privacy Policy which is subject to German and European laws.
You confirm with your acceptance of the Terms of Service, that have read the Privacy Policy and it is reasonable and acceptable to you. Your acceptance of these Terms of Service is also your consent to the information practices in our privacy policy.


MODIFICATIONS OF THESE TERMS OF SERVICES:
HIS reserves the right to change the terms, conditions, and notices under which this Web site is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of FlightMemory.

If you have questions about these terms and conditions, please contact us with the contact formula.

Copyright 2007 FlightMemory.com
PRIVACY POLICY
Your privacy is important to us! We therefore offer you the following policy to ensure your privacy is best protected. We also voluntarily offer you the stricter German privacy laws regarding storage of data and the transparency of these to exceed the US privacy laws.

Anonymous data collection on public pages

Any visitor of this Web site does not need to identify himself. This is especially the case for pure visitors that do not sign up to the services of FlightMemory.
On the other hand, any use of an internet site produces data that is automatically logged in so called log files on thee given server.
HIS collects and saves the following data:
- Browser type and version
- Used operating system
- Referrer URL (Web site visited prior to FlightMemory)
- Hostname of the used computer or machine (IP-Address)
- Date and time of the first usage of our server
- Transferred amounts of data
- Notices of errors and/or successful impressions

HIS cannot and will not allocate this data to any specific person. This data will also not be merged with other data. The visitor therefore stays anonymous throughout his visit on the public pages.
The storage of this data in solely used for statistical and system-based reasons.

Collection, usage and processing of personal data

HIS collects, uses and processes personal data of a user without the consent of the user only to ensure the usage of the application, to answer any requests of a user and for reasons bound to transactions such as purchases of products through the user.
HIS will therefore not use any personal data of a user without the consent of the user, if this data has no connection to the usage of the application, requests of the user and for reasons bound to transactions such as purchases of products though the user.

HIS may make the personal flying-data of all users anonymous by summing them up in order to produce press releases and/or other marketing material that may benefit HIS or FlightMemory. HIS ensures, that this anonymous data will never allow identifying a user through any party.

Copyright 2007 FlightMemory.com
Necessary data:

In order to achieve a high privacy status, HIS only makes such data necessary to fill in, that allows the user to use FlightMemory.
All other data is handled as optional data and either enhances functions or enables new functions to be used.

This necessary data is:
usernamne
password
minimal FlightData: departure-airport and destination airport

Optional data:
Optional data will be used to enhance the statistics, grant the user the order of any products and/or to enable additional functions for the user, such as the password-forgotten-function, for which the email-address is needed.
Optional data is/are:
full name of the user (for orders)
zip code of the user (for the visualisation of his whereabout on maps)
cityname of the user (for the visualisation of his whereabout on maps)
country of the user
dates and times of the flights (for sorting function of the flights)
flightnumber of the flights (for sorting function of the flights)
used airline (for sorting function of the flights)
aircraft type (for sorting function of the flights)
airplane registration (for sorting function of the flights)
airplane name (for sorting function of the flights)
used seat (for sorting function of the flights)
used travel class (for sorting function of the flights)
flight as (for sorting function of the flights)
flight reason (for sorting function of the flights)
comments (for special memories and/or additional data of the user)

Poster:
For the production of an idividual poster, FlightMemory will use the given data of a user, once he orders a poster through the process on the site.


Collection, usage, transfer and processing of anonymised personal data
HIS will not give away any data to third parties, that allows the identification of a user.

Exceptions to this rule are given, if a user declares that HIS may do so in order to achieve better advertising contracts with third parties, for market-research projects and other marketing issues.
In any of these cases, HIS will ask the user beforehand, if he agrees to the transfer and or use of his personal data. The data will then be anonymised and may be used or transferred to any third parties.

Storage of data:
The application of FlightMemory is hosted on a German server and is therefore not subject to laws outside Germany. All data will be handeled according to the laws of Germany and/or the European Union.
Only anonymous data of the users will be stored on US servers of advertising partners such as Google and therefore are subject to US laws.

Rights to own data:
Any user of FlightMemory has the right to ask for the data stored about him on the servers of FlightMemory.com.
You can exercise this right by contacting FlightMemory at any time as a registered user.

Cookies:
In order to use FlightMemory Cookies need to be activated.
These Cookies are needed to enable the application to identify a signed-in user and to process so called session-IDs.
All session related cookies will be deleted after signing off FlightMemory.
Please note, that in certain cases, advertising partners such as Google Inc, may set own Cookies. FlightMemory is not responsible for any Cookies set by Third parties such as advertising partners as Google Inc.
We also partner with ValueClick to serve ads and/or collect certain information when you visit our website. ValueClick may use cookies or web beacons to collect non-personally identifiable information during your visit to this website in order to help show advertisements on other websites likely to be more interesting to you. To learn more about this "behavioural advertising" practice or to opt-out of this use of your anonymous information, you can visit (https://admin.valueclickmedia.com/optout/index.html)
External links and linked contents outside of FlightMemory:
HIS cannot be held responsible for any content on other sites, even if these are linked to be FlightMemory.