GENERAL TERMS AND CONDITIONS FOR USING THE SERVICES AVAILABLE THROUGH THE DIECAST AIRCRAFT WORLD WEBSITE
Last Updated on May 9, 2017
1. ACCEPTANCE OF THE TERMS
Thank you for using Diecast Aircraft World. These General Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Diecast Aircraft World website at https://www.diecastaircraft.world/ (the "Website"), including but not limited to delivery of information via the Website. The Website displays information about prices and stock availability for diecast aircraft models in several online stores across the World. The diecast aircraft models can be made of made of plastic, metal, wood, or other materials. The purpose of the Website is to help its users find the lowest price for a specific model, or in some cases, help its users find out of stock or hard to find models.
Please read these Terms carefully.
By accessing or using the Website, you are agreeing to these Terms and concluding a legally binding contract with , a company incorporated and existing under the laws of the Republic of Panama, having its seat and registered office at Av. Samuel Lewis, Edificio Comosa, Piso 19, Panama City, Republic of Panama, ("Diecast Aircraft World") or the ("Company"). Do not access or use the Website if you are unwilling or unable to be bound by the Terms.
You can accept the Terms by:
Clicking to accept or agree to the Terms, where it is made available to you in the user interface of the Website; or Actually using the Services. In this case, you understand and agree that Diecast Aircraft World will treat your use of the Services as an acceptance of the Terms.
"We", "us" or "Diecast Aircraft World" refers to the Company.
The Website https://www.diecastaircraft.world/ is a web and mobile based Internet platform, which enables users to use the Services of the Website, which are the subject of these Terms of Service.
"User" or "you" or "your" refers to any person or legal entity, downloading, visiting, using or in any other way interacting with the Website or its Content regardless of the activities taken.
"Services" include any and all services, which Diecast Aircraft World may offer to the User, through the Website.
"Content" will include (but is not limited to) images, photos, audio, video,product prices, shipping prices, general and specific information, location data, 'nearby places', and all other forms of information or data.
Third Party Content
"Third Party Content" means content that comes from parties other than Diecast Aircraft World or its Users and is available in or through the Services.
"Website Content" means content that Diecast Aircraft World creates or makes available in connection with the Services excluding Third Party Content and Content that comes from Users. Website Content may include but is not limited to: visual interfaces, information, images, photos, interactive features, graphics, design, computer code, software, aggregate ratings, reports, compilations, databases, and all other elements and components of the Website, and other usage-related data in connection with your activities on the Website or any activity associated with your Account and all other elements and components of the Services excluding Your Content and third party content.
"Account" means the account you as the User register on the Website and through which you access or use the Services.
3. USING THE SERVICES
You hereby represent and warrant that you are at least thirteen (13) years of age or above and are fully able and competent to understand and agree with the terms and conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
Compliance with the Laws
You are responsible for complying with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and the applicable law and in a manner that does not violate our legal rights or those of any third parties. If any part of the Website, or the Services is not in compliance with your local laws, you may not use the Website and the Services. Any such Service will be considered as 'not available in your region'.
The Website may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Communications from Diecast Aircraft World
If you choose to provide us with your e-mail address, such as when you contact us or create an Account, we may use it to contact you for any matters relating to the Services (Service e-mails). These e-mails do not constitute "unsolicited commercial e-mail advertisements" and you are not able to opt-out of receiving them. We may also inform you through e-mail about news, promotions, special offers and or other topics of interest related to the Diecast Aircraft World and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.
4. CHANGES TO THE TERMS
Diecast Aircraft World may amend, change or update these Terms, from time to time, entirely at its own discretion. You shall be responsible for checking these Terms, from time to time, and ensuring continued compliance with these Terms. Your use of the Services after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed Terms and an assent to be bound by such changed/amended Terms.
We own the Website Content, excluding Content that comes from Users and Third Party Content. We also own the copyrights, trademarks, trade names, and other intellectual and proprietary rights ("IP Rights"), associated with the Website Content and the Website. Any aircraft, aircraft manufacturer, online store, diecast aircraft brand, airline, or company names, logos or trademarks, depicted or referenced on the Website directly, through Third Party Content or through Content that comes from Users, are owned by their respective owners. This means that you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Website Content or the Website, in whole or in part, except as expressly authorized by us.
Without limiting the generality of these Terms, in using the Services, you specifically agree not to engage in any activity that, in our sole discretion:
- Violates any third party's rights, including copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Violates theseTerms;
- Violates any applicable law;
- Threatens, harms, harasses others, or promotes discrimination;
- Promotes a business or other commercial venture or event, or otherwise uses the Website for commercial purposes;
- Engages in keyword spamming, or otherwise attempts to manipulate the Website's search results;
- Solicits personal information from minors, or submits or transmits pornography.
Apart from that, the User agrees not to:
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works, publicly display, sell, trade, or in any way exploit the Website or its Content.
- Use any robot, spider, site or search/retrieval application to access or retrieve information from the Website;
- Make attempts to reverse engineer any portion of the Website;
- Remove or modify any IP rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;
- Record, process, or mine information about other Users and clients;
- Attempt to gain unauthorized access to the Website, computer systems or networks connected to the Website, through hacking, password mining or any other means;
- Use the Website, or any Content to transmit any computer viruses, worms, Trojan horses or other items that could be of a destructive nature (collectively, "Viruses").
When a particular action is not explicitly referred to in this clause, but is an obvious violation of Art. 6, the clause should be interpreted broadly, in favour of Diecast Aircraft World, and this action should be considered as if it was included in this clause.
7. RELATIONSHIP WITH OTHER GUIDELINES AND POLICIES
Please have a careful look at our Privacy and Cookie Policies to learn more about the way we process and handle your personal information.
8. THIRD PARTY WEBSITES AND CONTENT
The Website may contain, or you may be sent through the Website to, links to other websites ("Third Party Websites"). Such Third Party Websites and their corresponding Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, safety or completeness by Diecast Aircraft World and Diecast Aircraft World is not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website.
If any Third Party Content displayed on the Website violates any copyrights, Diecast Aircraft World shall not be held liable. If we become aware of such violations, we will make all reasonable efforts to remove such Content. Please see the next clause regarding copyright notices.
You agree that we are not responsible for the availability or Third Party Content of such Third Party Websites. Your use of Third Party Websites is solely at your own risk.
9. COPYRIGHT NOTICES
Diecast Aircraft World respects the intellectual property rights of third parties. We undertake to respond without undue delay to claims of copyright infringements. If you suspect that your copyright has been violated, please report by sending an email to [email protected]. Please include all relevant information, including but not limited to 1) identification and link to the copyrighted work and the infringing content; 2) your company details; 3) full legal name and signature (physical or electronic).
We may provide affiliate links on our Website. This means that Diecast Aircraft World may receive commission fees from Third Party Websites if your purchase products that originated from an affiliate link listed on the Website. The commission fee paid to Diecast Aircraft World will be deducted from the total price you pay for the product. Please note that such commission fees will not come at your expense and will not increase the price you pay for the product(s) purchased from Third Party Websites.
11. PRICING AND SHIPPING INFORMATION
We aim to provide our Users with the most accurate and up to date prices for the products listed on the Website. However, prices may change from time to time or may be incorrect. Although we make all reasonable efforts to address such changes and errors, sometimes the prices you see on the Website may be different from the actual prices listed on the Third Party Websites. Diecast Aircraft World does not carry any liability for any false or incorrect prices.
We may in some cases also include shipping prices for the products listed on our Website so our Users have a comprehensive idea about the total price of their purchase. Such shipping prices however may vary and change from time to time or may be incorrect. Diecast Aircraft World does not carry any liability for any false or incorrect shipping prices.
The Services may be supported by advertising revenue and may display advertisements and promotions. Parts of the Website may contain such advertising information or promotional material or other material submitted to Diecast Aircraft World by third parties. Responsibility for ensuring that the material submitted for inclusion on the Website complies with the applicable international and national laws is on the party providing the information/material. Your correspondence or business dealings with, as well as the participation in promotions of, advertisers other than Diecast Aircraft World, found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Diecast Aircraft World will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertisers on the Website.
13. USER FEEDBACK. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual right to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, against Diecast Aircraft World and its Users, any claims and assertions of any moral rights contained in such Feedback.
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions) incurred by the above mentioned in connection with any claim arising out of any breach by you of these Terms or claims arising from your use of the Website. You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you. We will use reasonable efforts to notify you of any such claim, action or proceeding.
15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT, PERMITTED BY THE APPLICABLE LAW, DIECAST AIRCRAFT WORLD DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FACT THAT: (I) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE MAY BE TRADED OR SUITABLE FOR A SPECIFIC PURPOSE, (II) THE SERVICES, ACCESSIBLE ON OR THROUGH THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION AND ERRORS, (III) DEFECTS WILL BE RECTIFIED, (IV) THERE ARE NO BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, FOLLOWING THE ACTIONS OF THIRD PARTIES, (V) THE SECURITY METHODS USED WILL BE SUFFICIENT FOR THE PROTECTION OF THE SERVICES AND THEIR USERS, AND (VI) WITH REGARD TO THE CORRECTNESS, ACCURACY OR RELIABILITY, THERE WILL BE NO LOSS OF DATA, CONTENT OR INFORMATION.
DOWNLOADING OR OTHERWISE OBTAINING MATERIALS THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE, TABLET OR OTHER DEVICE OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL. DIECAST AIRCRAFT WORLD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE DIECAST AIRCRAFT WORLD SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. THE COMMUNICATION WITH DIECAST AIRCRAFT WORLD, WHETHER WRITTEN OR ORAL, IN CONNECTION TO, TROUGH THE WEBSITE OR AS A RESULT OFUSING THE SERVICES SHALL NOT CREATE ANY WARRANTIES NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING, YOU AGREE THAT WHEN USING THE SERVICES, YOU WILL NOT USE ANY TRADEMARK, TRADE NAME OR LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY TO CAUSE CONFUSION ABOUT THE OWNER OF SUCH MARKS, NAMES OR LOGOS.
DIECAST AIRCRAFT WORLD MAKES NO PROMISES WITH RESPECT TO ANY THIRD PARTIES, SUCH AS AFFILIATE PARTNERS THAT CAN BE SEEN ON THE WEBSITE OR OTHER USERS OF THE SERVICES. DIECAST AIRCRAFT WORLD IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF YOU HAVE A NEGATIVE EXPERIENCE WITH OUR SERVICES OR ANY OTHER GOODS OR SERVICES PROMOTED OR FEATURED ON THE WEBSITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK.
DIECAST AIRCRAFT WORLD'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO DIECAST AIRCRAFT WORLD, IF ANY. DIECAST AIRCRAFT WORLD DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS AND RESULTING DAMAGE, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
16. DISPUTE RESOLUTION
You agree that any and all disputes and claims, arising out of or in connection with these Terms, the Website, and the Services shall be resolved individually, without resort to any form of class action.
This Agreement and all rights and obligations in connection with it are governed by the laws of the Republic of Panama. You agree that if you have any dispute with Diecast Aircraft World you will contact us in order to settle through negotiations and mutual understanding. If the solution cannot be reached in negotiations you agree and hereby submit to the non-exclusive jurisdiction of the competent Panama court.
You may terminate the Terms at any time by discontinuing your use of the Website or by providing Diecast Aircraft World with a notice of termination. We may suspend your ability to use certain portions of the Website and/or ban you altogether from using the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing the Website, your Content, Website Content and/or any other related information. In the event of any termination of these Terms, whether by you or us, Sections 14, 15, 16 and 17 will continue in full force and effect.
19. GENERAL TERMS
Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision. Except as otherwise stated in Section 9 above, nothing in these Terms is intended, nor will be deemed, to confer rights or remedies upon any third party. These Terms contain the entire agreement between you and Diecast Aircraft World regarding the use of the Website. The section titles in the Terms are for convenience only and have no legal or contractual effect.
In order to address a question, to resolve a complaint regarding the Website or the Diecast Aircraft World Services, or to receive further information regarding the Services, please contact Diecast Aircraft World using one of the following methods:
E-mail: [email protected]