Terms and Conditions
FlyThePattern.com, herein after, FTP, is a subscription web service that provides members the ability to view actual videos of flying landing patterns at GA airports. Aviation related businesses pay an annual fee to sponsor airports and recieve advertising and commissions for refering new members. Members can also view aerial photos of common reporting points, airport diagrams as well as current weather and airport/runway data.
FTP provides access and use of this site ("Site") subject to your agreement to the following "Terms of Use" (the "Terms"). Please read these Terms carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by these Terms. The Pilot-In-Command, not FTP, is solely responsible for the safe and legal operation of an aircraft. Under no circumstances, even due to possible programming and/or data errors, shall FTP be liable for any loss, damage or liability directly or indirectly caused by any use of this website.
This website is designed to be an aid to flight planning but in no way should it serve as your only navigational tool. FTP assumes no responsibility for the accuracy or validity of the program, data or for information downloaded from any party.
The Terms, as well as the Site (and information contained within the Site) may be updated or revised from time to time without notice to you. You agree to periodically review these Terms, and your continued access to or use of the Site shall constitute your acceptance of the updated or revised Terms.
Sponsor Registration and Contact Information
To become a registered sponsor of an airport or aiports you will be required to provide Sponsor Name, Type of Organization, Contact First and Last Name, Address, City, State, Zip, Phone, email and a password to use for access to the sponsor area of the site. You will also be required to enter valid credit card information for billing purposes. FTP will not release your information. See privacy statement.
Once authorized as an airport sponsor by FTP you will be able to logon to your airport sponsor page. The interface on the airport sponsor page will enable you to submit photos, videos, a banner ad, edit your sponsor information, edit/change your password, and supply airport communication frequencies. Unless otherwise authorized and documented, sponsors shall submit all photos and a minimum of one landing pattern video within 30 days of becoming a sponsor. Failure to submit photos and video within the required 30 days may, at the discretion of FTP, be cause for revocation of sponsorship with no refund in sponsor fee.
Responsibilities of sponsors are to supply 1) Videos of landing patterns of all runways, 2) Photos of several of the common reporting points of the airport, 3) A banner ad for use on your airport sponsor page, 4) Radio communication frequencies for your airport, 5) Aerial photos of the entire airport. All submitted materials become the property of FTP.
Sponsorships are for a term of 1 year and are renewable by mutual consent for additional year(s). Sponsors may unsubscribe from being a sponsor at any time and at no cost. There are no refunds for unused portions of a sponsorship year. The current annual fee for sponsoring an airport is $300.00 US. 1 week prior to the renewal date an automatic email will be generated that informs the sponsor that their credit card will be charged on the renewal date. Additionally 1 day prior to the renewal date another email notification will be automatically generated to alert the sponsor that the credit card is about to be charged.
Member Subscriptions
When available, member subscriptions will be available on the site through the completion of a web form on which the prospective member will enter First Name, Last Name, Address, City, State, Zipcode and email address. Prospective members will be required to enter credit card information for initial and subsequent automatic monthly billings. Members may cancel their subscription at any time effective on the next monthly anniversary of the date of their initial subscription. There are no refunds for unused portions of a subscription month. All subscribing members will be notified at least 30 days prior to any change in subscription rates.
Subscribing members will be notified by email message 5 days before a new monthly charge is made to their credit card. Another email message will be sent on subscription renewal.
Use of Information and Services
Third parties may provide certain information displayed on the Site. Although FTP believes that such information comes from trustworthy sources, the third-party information is not necessarily sponsored, endorsed, recommended, or licensed by FTP. You should directly contact the third parties and/or their references for the most accurate information.
No Liability
Under no circumstances will FTP be liable for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on the Site. While FTP will attempt to keep its Site current, accurate, and complete, FTP and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the timeliness, accuracy, or completeness of the information, services, or other material on the Site.
Site Conduct
When using the Site, you agree to abide by the following rules: (a) you may not post or transmit content (information, data, text, software, graphics, sound, photographs, video, messages, etc.) ("Content") that is unlawful, harassing, libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, hateful, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or are otherwise objectionable; (b) you may not interfere with other users' use of the Site; (c) you may not use the Site to conduct any activity that is illegal or that violates the rights of others; (d) unless properly authorized, you may not use the Site to advertise or sell products or services to others; (e) you may not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (f) you may not post or transmit Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, confidential information, etc.); (g) you may not post Content to the Site unless the Content is freely owned by you or used with the permission of all other persons with any rights in the Content; and (h) you may not use the Site to collect or store personal data about other users.
Removal of Content
FTP does not do a prior review of Content posted by any party other than FTP and has no responsibility for Content posted by any party other than FTP to the Site. However, FTP reserves the right in its sole discretion to delete any Content submitted to or appearing on the Site. Message boards, and/or other information sharing locations on the Site may contain the opinions and views of other users. FTP is not responsible for the accuracy of any messages or postings on the Site. If you believe that any Content posted on the Site is infringing, defamatory or otherwise violate the letter or spirit of these Terms, please contact FTP immediately.
Submissions and Use of Content
If you submit content to the site, you grant to FTP, or warrant that the person who uploaded of such Content has expressly granted to FTP, a world-wide, royalty-free, perpetual, irrevocable, transferable, non-exclusive and fully sub-licensable right and license to use and reproduce that Content for the term determined.
Internet Links
The Site may provide, or third parties may provide, links to other Internet sites. FTP has no control over such sites; FTP does not endorse, and is not responsible for, any such sites or the information, material, products or services contained on or accessible through those sites. You acknowledge that FTP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance upon any such information, material, products, or services.
Third Parties
Your correspondence or business transactions with, or participation in promotions of, third parties found on, or e-commerce through, the Site and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that FTP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such transactions or as the result of the presence of such third parties on the Site.
Indemnification
You agree to indemnify, defend and hold harmless FTP, its affiliates, governing board, officers, agents, employees, partners, funders and suppliers from any liability, loss, claim, demand, and expense (including reasonable attorneys' fees) related to (a) your use of the Site; (b) your violation of these Terms; or (c) your posting of Content to the Site.
Modifications to Site
FTP reserves the right to, from time to time, discontinue, temporarily or permanently, the information, services, products, and/or other Content on the Site with or without notice.
Use and Storage of Content on the Site
FTP may establish general practices and limits concerning the use of the Site, including without limitation, the maximum number of days that Content will be available on, or retained by, the Site. FTP, in its sole discretion, reserves the right to change these general practices and limits at any time.
Disclaimer of Warranty
You expressly understand and agree that this site, and all information and content on the site, is provided on an “as is” AND “as available” basis. FTP and its information suppliers disclaim all express and implied warranties with regard to the site and all information services, and materials contained on the site, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
FTP makes no warranty that (A) the site will meet your requirements or that the results that may be obtained from the site will be satisfactory; (B) The site will be uninterrupted, timely, secure, or error free; (C) The quality of any products. Services, information, or other material purchased or obtained by you through the site will meet your expectation, and; (D) any errors in the site will be corrected.
No advice or information, whether oral or written, obtained by you from FTP or through the site shall create any warranty not expressly stated in the terms.
Limitation of Liability
In no event shall FTP or its affiliates, governing board, officers, agents, employees, partners, suppliers, funders or volunteers be liable for any special, indirect, punitive, incidental, exemplary or consequential damages, or any damages whatsoever resulting from loss of use, business, data, or profits, litigation and the like, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. With respect to goods or services purchased directly from FTP through the site, FTP’s liability, in any case, is expressly limited to replacement of defective goods, or, at FTP’s election, to the repayment or crediting to you of an amount equal to the purchase price of the goods. You acknowledge and agree that the limitations set forth above are fundamental elements of these Terms of Use and the site would not be provided to your absent such limitations. If any jurisdictions do not allow the foregoing limitations of liability, the foregoing limitations may not apply to you.
Termination
FTP may, in its sole discretion, with or without notice, suspend or terminate your use of this Site, and remove and discard any Content on the Site, for any reason, including, without limitation if you violate these Terms. FTP may also bar you from any future access to the Site. FTP will not be liable to you for any such suspension, termination or prohibition on future access.
Should you object to any subsequent modifications of the terms and conditions of these Terms, your sole recourse will be to immediately notify FTP of your termination of these Terms, which termination will be effective immediately. To the extent permitted by applicable law, the terms and conditions of these Terms will survive any termination of these Terms.
Notices
Any notices to you by FTP may be made by either e-mail or phone.
General Provisions
These Terms constitute the entire agreement between you and FTP and govern your use of the Site, and supersede any prior agreements between you and FTP regarding the Site (including, but not limited to, any prior versions of these Terms).
These Terms and the resolution of any dispute related to these Terms or the Site shall be governed by and construed in accordance with the laws of United States, without giving effect to any principles of conflicts of law. FTP's failure to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will be enforced in accordance with their terms. The section headings in these Terms are for convenience only and have no legal or contractual effect.
Regardless of any statute or law to the contrary, you hereby waive your right to bring any claim against FTP more than one (1) year after such claim first arose.
