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YOU MUST READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE
By accessing and using this Site,including, without limitation, browsing this Site, using any information, usingany content, using any services, downloading any materials, and/or placing anorder for products or services, you agree to and are bound by the terms,conditions, policies and notices described in this document ("Terms ofUse").
These Terms of Use are entered intobetween Helifreak and you. If you are using this Site on behalf of a thirdperson, you represent that you are authorized to accept these Terms of Use onthat third person's behalf. If you donot agree to all of the terms and conditions in these Terms of Use, do not usethis Site in any manner.
1. GENERAL
1.1 Modification. Helifreakreserves the right to modify the provisions of these Terms of Use. Continueduse of this Site after such postings shall be deemed an acceptance to be boundby the terms of the modified Terms of Use. Any change to these terms will beposted herein by Helifreak, Helifreak retains the exclusive right to modify,change, suspend or discontinue any and all aspects of this web site, includingbut not limited to its feature and content. Helifreak retains the exclusiveright to limit and/or restrict access to this Site without prior notice andwithout incurring any liability.
1.2 Emails. Helifreakreserves the right to send electronic mail to you for the purpose of informingyou of changes or additions to this Site and services offered through thisSite.
2. FORUMS, DISCUSSIONS AND USERSUBMISSIONS
2.1 UserResponsibility, Conduct and Content Restrictions. Helifreak maintainsthis Site and its contents as an informative, education and entertainment toyou. This Site contains viewable forums, chat rooms, etc. By using this Site,you acknowledge and agree to NOT post, disseminate or transmit any contentthat: (1) is unlawful, harassing, defamatory, abusive, threatening, obscene,harmful, tortious, libelous, or invasive of another's privacy; and (2)infringes or violates any party's author's right, trademark, trade secret,patent or other proprietary right, including but not limited to using thirdparty materials protected by author's right law without appropriate permission,using third party trademarks without appropriate permission or attribution, andusing or distributing third party information whether or not protected as atrade secret in violation of a duty of confidentiality. You acknowledge andagree you are solely responsible for the content of your messages and resultedharms arising from said content. You acknowledge and agree to bear all risksrelating to the use by you of this Site. Helifreak has no obligation to monitorthis Site or the Forums contained therein. Helifreak reserves the right toreview materials posted by you to the Forums and to remove and/or edit anyposts and/or materials in its sole discretion. Helifreak reserves the right inits sole discretion to terminate your access to any or all of the Forums andthis Site at any time, without notice, for any reason whatsoever.
By using this Site, you acknowledge andagree Helifreak has no responsibility in the storage and/or maintain theinformation and material submitted by you in any way or manner. By using thisSite, you acknowledge, agree and consent to the disclosure of any informationas required by any court of law or by any public agency as required underapplicable laws, statutes, rules and regulations.
2.2 UserCorrespondence. By accessing and posting on this Site, you warrant andrepresent that you own or otherwise control or have prior permission to the useof the information posted by you therein. By posting on this Site, you herebyagree to grant to Helifreak the right to the use of the information, developedand/or to be developed, now or in the future, without any return compensationto you or to any third party copyright holder.
2.3 Graphics andImages. By accessing and posting of graphics and images on this Site,you warrant and represent that: (1) you are the copyright holder and/or ownerof said graphics or images; and/or (2) you have the permission of the copyrightholder and/or owner to the use of said graphics or images. You further acknowledgeand grant to Helifreak the right to the use of the graphics or images, now andin the future, without any return compensation to you or to any third partycopyright holder. You further acknowledge and waive any and all claims againstHelifreak for the failure of Helifreak in giving credit or acknowledge to youor to any third party copyright holder by Helifreak, now or in the future. (3) The use of animated graphics by our advertisers or animated signatures by our members is not allowed on HeliFreak.com. Signature images are limited to 300x100 pixel size and overly large signatures will be removed to speed loading of the site. Externally linked signature images will be removed if they impact site loading performance.
2.4 User Software. Youacknowledge and agree to not use any software which may cause harm to this Siteand further agree to indemnify Helifreak for damages incurred by your use ofthis Site.
2.5 Advertisem*nts. Youacknowledge and agree to not advertise any goods, websites or services onthis Site without the prior express written consent of Helifreak. No spam/advertising is allowed or tolerated.
2.6 CommunityClassify. This Site allows the sell of new and used RC equipment. Sellerand buyer acknowledge and agree that Helifreak's sole involvement is to providea venue for the transaction. Seller and buyer acknowledge and agree thatHelifreak has no control over the quality, safety or legality of the itemsposted for sales, the truth or accuracy of the listings, the ability of sellersto sell items and to deliver items or the ability of buyers to buy items or theability of the seller and buyer to complete the transaction. In the event thatseller and buyer dispute with each other or with a third party over thetransaction, seller, buyer and third party agree to release Helifreak, its owners,officers, employees, moderators, and agents from all claims, demands anddamages, known and unknown relating to said transaction.
If a transaction involves a Californiaresident, seller and buyer further agree to waive any and all rights affordedby California Civil Code S1542, which states: "A general release does notextend to claims which the creditor does not know or suspect to exist in hisfavor at the time of executing the release, which if known by him must havematerially affected his settlement with the debtor."
3. ACCESS AND AVAILABILITY OF SERVICEAND LINKS
3.1 Links toAdvertisers and Sponsors. This Site contains links to other websites,including, but not limited to advertisers and/or sponsors. You acknowledge andagree Helifreak has no control over any assurance, warranty or guarantee fromthese advertisers and/or sponsors.
3.2. Links to OtherWebsites. This Site also contains links to other websites or resourcessponsored by third parties as a convenience to you. You acknowledge and agreeHelifreak is not responsible for the availability of such external sites andlinking to such sites does not constitute an endorsem*nt by or association byHelifreak of such sites, the content, products, services, advertising or othermaterials presented contained therein. Helifreak does not author, edit, ormonitor these websites, their terms of use or their privacy practices andtherefore Helifreak shall not be responsible or liable, directly or indirectly,for any damage or loss caused or alleged to be caused by or in connection withuse of or reliance on any content, advertising, products, goods or servicesavailable on such external sites or resources.
Note: Anyone linking to Helifreak'swebsite must comply with the Link Guidelines for linking to the Helifreak.comas well as all applicable laws.
4. COPYRIGHT
4.1 Copyright andTrademark Notices. All contents of this Site are the registeredcopyright and trademark of Helifreak and of the third-party copyright holder asauthorized by the United States Copyright Laws and are intended for yourpersonal, educational, informative, entertainment and noncommercial use. Saidcontents include, but not limited to, text, software, photographs, video, andgraphic. The arrangement, enhancement, look and feel of this Site is the copyrightedmaterial of Helifreak and the permission by Helifreak for you to use this Siteis not a grant of licensing right to you to the contents contained in thisSite. You are explicitly prohibited from using the contents contained in thisSite, in any manner outside of those authorized by Helifreak, including but notlimited to, copy, transfer, publish or modify the information contained herein,without the prior written consent of Helifreak. By using this Site, youacknowledge, agree and accept the copyright and requirements of Helifreak andof any copyright holders or third-party content providers. However, you areentitled to the FAIR USE of the information provided herein as authorized bythe United States Copyright Laws.
4.2 Third Party Marks. Third partytrademarks, trade names, logos, product or service names contained on this Sitemay be the trademarks, registered or unregistered, of their respective owners.Manufacturers' product and service names referenced on this Site are trademarksand service marks of their respective companies. Further, certain contentcontained within this Site is furnished by third parties and you acknowledgeand agree Helifreak will not be liable, and you are hereby releasing Helifreak,for any delays, inaccuracies, errors or omissions in any such content, or inthe transmission or delivery of all or any part thereof, or for any damagesarising therein.
4.3 Notices to CopyrightHolder If you are an owner of intellectual property who believes yourintellectual property has been improperly posted or distributed via this Site,please notify Helifreak immediately.
5. REPRESENTATIONS, WARRANTIES andINDEMNIFICATIONS
5.1 Representations. Yourepresent, warrant and agree that your use of this Site is for legal purpose.You represent, warrant and agree that your use of this Site is not connect toor relate to any illegal activity or any activity that is later determined tobe unlawful by a competent court of law.
5.2 No Warranties. Helifreakmakes no guarantee of availability of Site or any services offered through thisSite. Helifreak does not represent or endorse the accuracy or reliability ofany advice, opinion, statement, or other information displayed, uploaded, ordistributed through this Site by any visitor, information provider or any otherperson or entity. You acknowledge that any reliance upon any such opinion,advice, statement, message board post, or other such information shall be atyour sole risk.
5.3 Indemnifications You hereby agree to indemnify Helifreak, its owners, officers, employees, agents, moderators, affiliates, and its sponsors from any loss, liability, damage, expense or costs (including reasonable attorneys fees and costs), incurred or paid by Helifreak as a result of the use of this Site by you, including but not limited to the use and/or application of the contents of this Site and instructional videos herein provided.
6. DISCLAIMER AND LIMITATION OFLIABILITY.
By using this Site, you expressly agree that use of this Site is at your sole risk. Helifreak or Helifreak.com or this Site is provided to you on an "AS IS" and "AS AVAILABLE" basis. Helifreak does not warrant that use of Helifreak.com or this Site will be uninterrupted or error-free. Helifreak does not warrant the accuracy, integrity, or completeness of the content provided or the products or services offered for sale on Helifreak.com or this Site. Helifreak specifically disclaims all warranties, whether express or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose, to the fullest extent possible under applicable laws. Under no circ*mstances shall Helifreak be liable for any direct, indirect, incidental, special or consequential damages that results from your use of or inability to use this Site or Helifreak.com, including but not limited to reliance by you on any information obtained from this Site or Helifreak.com including but not limited to the use and/or application of instructional videos by you, that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing limitation of liability shall apply whether in an action arising from contract or tort. This paragraph shall apply to all contents, merchandise and services available through this Site or Helifreak.com You are hereby expressly release Helifreak, its owners, officers, employees, agents, moderators, affiliates, and sponsors from all responsibilities, including claim for damages, for lost or defective equipment and/or merchandise you purchase from third parties. Helifreak, its owners, officers, employees, agents, moderators, affiliates, and sponsors shall not be liable for the information or contents contained on this Site or on Helifreak.com, including but not limited to the use and/or application of instructional videos by you. You acknowledge and agree to release and to hold harmless Helifreak, its owners, officers, employees, agents, moderators, affiliates, and sponsors from any direct, indirect, incidental, consequential, special, exemplary or punitive damages sustained by you relating to your use of this Site or your inability to access and to use this Site
7. REGISTRATION AND SECURITY
7.1 User Membership. As part ofthe member registration process, you must complete the registration process by providingHelifreak with true, current, complete and accurate information as prompted bythe applicable registration form. You shall maintain and promptly update suchinformation to keep it true, current, complete and accurate.
Upon the completion of the registrationand opening of an account, you are requested to select a user name and passwordfor which you are entirely responsible for maintaining the confidentiality yourpassword and account. You shall notify Helifreak within twenty-four (24) hoursof the discovery of any unauthorized use of your account. You acknowledge andagree Helifreak will not be liable for any loss that you may incur as a resultof someone else using your username, password or account, either with orwithout your knowledge. However, you could be held liable for losses incurredby Helifreak or another party due to someone else using your account orpassword. You may not use anyone else's account at any time, without thepermission of the account holder. Failure to comply with the foregoing shallconstitute a breach of these Terms of Use, which may result in immediatetermination of your account.
7.2 Restrictions onAccount. You shall NOT share your password or account with others. Youshall notify Helifreak within twenty-four (24) hours of the discovery of anyknown or suspected unauthorized use(s) of your account, or any known orsuspected breach of security, including but not limited to loss, theft orunauthorized disclosure of your password.
7.3 Responsibility forAccount Use and Account Termination. You are responsiblefor all usage or activity on your Helifreak.com account. Helifreak, in its solediscretion, reserved the right to terminate your account for fraudulent,abusive or otherwise illegal and/or unlawful activity. You are prohibited from making clone accounts or multiple accounts. You acknowledge, agreeand consent to the report by Helifreak to the appropriate law enforcementagencies of any illegal and/or unlawful activity on your part. You acknowledgeand agree Helifreak shall not be liable to you or to any third party for thetermination of your account or access by you to this Site or Helifreak.com.
8. GOVERNING LAW
8.1 APPLICABLE LAW Helifreakcontrols and operates this Site from The State of North Carolina, USA. Helifreak does not represent that materials on this Site are appropriate or availablefor use in other locations. Persons or entities who choose to access this Sitefrom other locations do so on their own initiative, and are responsible forcompliance with local laws if and to the extent local laws are applicable.Information on this Site may include description of products and services thatmay be available in the United States of America only.
8.2 GOVERNING LAW -CHOICE OF LAW. The parties hereby agree that the Laws of the State of NorthCarolina, USA, shall governs over all claims and disputes, whether in contractor tort, arising from or relating to these Terms of Use, the use of this Site,the use of equipment or merchandise sold or purchased from and through thisSite. The parties acknowledge and expressly disclaim the rights afforded by theUnited Nations Convention on Contracts for the International Sale of Goods.
8.3 JURISDICTION ANDVENUE. Except as provide in Section 8.4, infra, the parties hereby agree to thepersonal jurisdiction of the State of North Carolina, USA. The parties hereby agree that venue for all claims and disputes, whether in contractor tort, shall be before the State Court of North Carolina, USA. In all claims or disputes for which jurisdiction is reserved exclusively to the federal courtthe parties hereby agree that such claims or disputes shall be before the FederalDistrict Court of NorthCarolina, United States of America.
8.4 ARBITRATION. Theparties agree that all claims or disputes, whether in contract or tort, arisingfrom or relating to these Terms of Use, the use of this Site, the use of anyequipment or merchandise sold or purchased from and through this Site shall besettled by way of binding arbitration in accordance the rules of the AmericanArbitration Association. The parties agree that any claim or dispute shall bearbitrated on an individual basis. The parties agree to not join-in orconsolidate said claim or dispute with any other claim, dispute and/or party.The arbitration shall be conducted in North Carolina, USA. The parties agree that judgment on the arbitration award may be entered by any courtof competent jurisdiction in the United States of America.
8.5. STATUTE OFLIMITATIONS. The parties agree that all claims or disputes, whether in contractor tort, arising from or relating to these Terms of Use, the use of this Site,the use of any equipment or merchandise sold or purchased from and through thisSite shall be filed within six (6) months after such claim, dispute or cause ofaction arose.
9. MISCELLANEOUS
9.1 Non-Waiver. The failureof Helifreak to exercise or enforce any right or provision of these Terms ofUse shall not constitute a waiver of such right or provision.
9.2 Interpretation. If anyprovision of these Rules is held to be unlawful, void, or for any reason unenforceable,that provision will be deemed severable and will not affect the validity andenforceability of the remaining provisions.
9.3 Miscellaneous. ThisAgreement constitutes the entire understanding between you and Helifreak withrespect to this Site and the subject matter hereof, and supersedes all previousagreements between the parties with respect to such subject matter, whetherwritten or oral. The section titles in these Terms of Use are for convenienceonly and have no legal or contractual effect. The section headings used hereinare for convenience only and shall not affect the interpretation of these Termsof Use. If you have any questions about these Terms of Use, the practices ofHelifreak, or your dealings with this Site, please contact us at: Helifreak.com.
10 NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following information to our agent:
1) Identification of the material that you claim is infringing, with enough detail that we can locate it on the site;
2) A statement that you have a good faith belief that the materials use is not authorized by the copyright owner, its agent, or the law;
3) A statement declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
4) Your address, telephone number, and email address; and 5) Your physical or electronic signature. Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: Copyright Agent Website Acquisitions Inc
802 West Bay Road, The Grand Pavilion Centre, George Town , Grand Cayman, Cayman Islands
KY1-1105, PoBox.2428
