Terms of Use

TERMS OF USE

 

 

YOU AGREE TO BE BOUND BY THESE AVNAC TERMS OF USE BY USING THE AVNAC WEB SITE. Avnac is a World Wide Web site owned and operated by Spotlight Investments (DBA avnac.com, avnac.net and avnac). By accessing any areas of www.avnac.com, users ("User") agree to be legally bound and to abide by the terms and conditions set forth herein (the "Terms of Use").

 

User hereby affirms and warrants that User is currently over the age of eighteen (18) years (21 in some areas) and is capable of lawfully entering into this agreement.

 

By electronically submitting an order via the www.avnac.com web site, User is agreeing to be bound by all of Avnac then current terms and conditions related to the purchase or rental of Avnac products. User's www.avnac.com order will not be confirmed or processed unless User consents to be bound by the Terms and Conditions. The Terms and Conditions shall be governed and interpreted by the laws of the United States, without regard to conflicts of law principles.

 

 

ACCESS

 

User must be eighteen (18) years of age or older (21 in some areas) to receive a membership and become a User.

 

User agrees to be personally liable and fully indemnify Avnac for any and all damages directly, indirectly and/or consequentially resulting from any attempted or actual unauthorized downloading or other duplication of materials from Avnac, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from this service including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

 

 

PRIVACY

 

Any information submitted on the Avnac Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our policies and practices. The current revision date of our Privacy Policy will be noted at the bottom of that document.

 

 

MEMBERSHIP

 

Some or all of the following fees and charges may be incurred by you: a. Rental Fees. You are responsible for paying rental fees according to the then-current billing terms. Rental fees are non-refundable. b. Full payments for all goods and services ordered at, through and/or from this service and its licensees.

 

 

COPYRIGHTS

 

All web site design, text, graphics, the selection and arrangement thereof, and all software Copyright © 2007, Avnac. ALL RIGHTS RESERVED. Any other use of materials on this web site--including reproduction for purposes of modification, distribution, or republication--without the prior written permission of Avnac is strictly prohibited.

 

 

TRADEMARKS

 

Avnac, avnac.com, avnac.net, “Aviation’s video rental store” and The Avnac design logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Avnac. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

 

Restricted Rights Legend: Use, duplication or disclosure by the United States and/or Canadian Governments is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.

 

 

DISCLAIMER

 

AVNAC IS PROVIDING THIS SITE AND ITS CONTENTS "AS IS" AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. AVNAC DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN ADDITION, AVNAC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.

 

IN NO EVENT SHALL AVNAC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

 

 

PROPRIETARY RIGHTS

 

User acknowledges that www.avnac.com contains information, data, software, photographs, graphs, digital video discs, video compact discs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the Canadian and U.S. Copyright laws and Avnac owns a copyright in the selection, coordination, arrangement and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or in any way exploit, any of the Content, in whole or in part. If no specific restrictions are displayed, User may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under Canadian and U.S. copyright laws (see e.g. 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

 

Our web site contains robot exclusion files, and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Avnac.com site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real-time basis and is proprietary or is licensed to Avnac by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our web site without the prior expressed written permission of Avnac or the appropriate third party. ALL PERFORMERS IN ALL OF THE DVDS DISTRIBUTED BY Avnac ARE 18 YEARS OF AGE OR OLDER. The records required by Section 2257 of Title 18, United States Code, with respect to all the DVDs found on www.avnac.com and all graphical materials associated therewith, are maintained by the respective Studios.

 

 

THIRD PARTY CONTENT

 

Avnac strongly recommends seeking the advice from a qualified instructor prior to any flight training. Avnac is a distributor and not a publisher of Content supplied by third parties and Users. Avnac has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including third party content providers ("Providers"), merchants ("Merchants"), sponsors ("Sponsors"), licensors, ("Licensors"), or any other User of www.avnac.com are those of the respective authors or distributors and not of Avnac or its affiliates, or any of their respective officers, directors, employees or agents. Neither Avnac or its affiliates or any of their respective officers, directors, employees or agents nor any third-party, including any Provider, Merchant, Sponsor, Licensor or any other User of Avnac guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Avnac represents the opinions and judgments of the respective Provider, Merchant, Sponsor, Licensor or User not under contract with Avnac. Avnac neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on www.avnac.com by anyone other than authorized Avnac employees. Under no circumstances shall Avnac or its affiliates, or any of their respective officers, directors, employees or agents be liable for any loss or damage caused by a User's reliance on information obtained through www.avnac.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through Avnac.

 

 

EXPORT

 

The Canadian and U.S. export control laws regulate the export and re-export of technology originating in the Canada and the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from www.avnac.com to either a foreign national or a foreign destination in violation of such laws.

 

 

AVNAC ONLINE RIGHTS

 

Avnac may elect to electronically monitor the User submit areas and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request, (ii) if such disclosure is necessary or appropriate to operate www.avnac.com, or (iii) to protect the rights or property of Avnac, its Users, Sponsors, Providers, Licensors or Merchants.

 

Avnac is not responsible for screening, policing, editing, or monitoring such Content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive Content, Avnac may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from www.avnac.com.

 

Avnac reserves the right to prohibit conduct, communication, or Content which it deems in its sole discretion to be harmful to individual Users, Avnac, the communities which make up Avnac, or any rights of Avnac or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Avnac nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither Avnac or its Affiliates, or any of their respective officers, directors, employees, or Agents nor, Provider, Merchant, Sponsor or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on www.avnac.com.

 

 

TERMINATION OF USAGE

 

Avnac may terminate User access, or suspend any User's access to all or part of Avnac, without notice, for any conduct that Avnac, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a Merchant, a Sponsor, a Licensor, a service provider or Avnac.

 

 

MISCELLANEOUS

 

Users may not use Avnac to send unsolicited advertising, promotional material, or other forms of solicitation to other Users except in those specified areas that are designated for such a purpose. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted. Each electronic entry carries the computer coding of the internet provider through which the individual User can be traced.

 

 

AVNAC SERVICE TERMS AND CONDITIONS

 

You must agree to these terms and conditions before you can become a member of this site.

 

 

ACCESS AND MEMBERSHIP

 

"By subscribing to this service ("Avnac"), I ("Renter") agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are myself (the Renter) and Avnac. This Agreement is subject to change by Avnac at any time, and changes are effective upon notice to the Renter."

 

"In order for me to become a member, I must be at least 18 years of age or older (21 in some areas). I certify that I am 18/21 years of age or older (21 in some areas) and are capable of lawfully entering into this agreement."

 

"Avnac reserves the right to reject submission deemed to be in violation of these terms and conditions, or any incomplete or illegal submission."

 

 

BILLING

 

"Customer will be billed a rental fee including taxes, if applicable, at the time of rental."

 

"Any applicable sales tax will be added to Customer's Rental fee."

 

 

NON-RETURNED OR DAMAGED DVD’s

 

Customer is responsible for the safe return of all rented materials. All rented materials (including protective DVD cases used for shipping) must be returned to Avnac and return postmarked on or before the date provided. Customer agrees to be held liable for any loss to rented materials or damages beyond normal wear and tear. Customer also authorizes Avnac to charge the billing method used during the original transaction, any rental late fee, unreturned DVD case fee or full replacement cost according to the then current conditions set forth within the Frequently Asked Questions section of Avnac.com and is subject to change without notice. In the event that any authorized charge is rejected, customer agrees to promptly pay using an alternate method.

 

 

RETURN POLICY FOR PURCHASES (excluding rentals)

NEW PRODUCTS: Unopened and unused products may be returned within thirty (30) days of purchase date for a refund. Defective products may be returned within thirty (30) days of purchase for exchange only. You must e-mail us (info@avnac.com) and obtain a Return Merchandise Authorization (RMA) number before returning an item. Shipping charges are non refundable. There is a Fifteen Percent (15%) restocking fee for items returned without a Return Authorization Number.

 

USED PRODUCTS: All sales are final - No refunds, returns or exchanges. All used disc media has been visually inspected to be free from scratches or defects (unless otherwise noted) and passed our professional diagnostic readability test.

 

 

SPECIAL OFFERS AND INVITATIONS

 

"Invitations and special offers are available only for first-time Avnac customers, unless stated otherwise on the offer." "Each promotion code is limited to one per household and cannot be combined with any other offer(s)." "Offers are valid only within the United States and its Territories, are not transferable and are void where taxed or otherwise prohibited by law." "Once redeemed, all promotional offers are final and are not eligible for refund or return."

 

 

MISCELLANEOUS

 

"I agree to be personally liable and fully indemnify Avnac for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of materials from www.avnac.com, alone or with, or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from www.avnac.com, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s)."