1. Introduction

This Agreement forms a legal document and sets out your rights and obligations and those of Aircraft-photos.net (“we” or “us”) in relation to this site and the services offered by Aircraft-photos.net through it (the “Aircraft-photos.net Service”. By registering for the Aircraft-photos.net Service, you agree to the terms of this Agreement and you reaffirm that agreement every time you use it. Visitors to the Aircraft-photos.net Service who do not register to become a member (see Clause 2 below) similarly affirm that they are bound by this Agreement each time they access the Aircraft-photos.net Service. You should be aware that this Agreement may change from time to time in accordance with clause 24 below.

2. Types of Membership

People who register for the Aircraft-photos.net Service become “members”. The Membership divides between those who decide to pay for a full annual membership (who we call “Full Members”) and those who do not (“Free Members”)

As well as being able to browse the Aircraft-photos.net Service like any visitor to it, Free Members may:

•  Upload their images.

•  Receive e-mails. These will be sent to the e-mail address provided when you register, which may be updated subsequently. E-mails may also be sent to you by anyone who may wish to contact you about your images. They will not be given details of your e-mail address, however.

•  Full access to the forum.

•  Have their own Homepage, known as “Control Panel”

•  View half size (size is dependent on size of original uploaded image) images of other photographers.

•  View their own, full size, images. This includes any images already uploaded to the site prior to 03/11/2003.

In addition to the service provided to Free Members, Full Members may:

•  View full size images.

• Have exclusive use of any new features and updates to the site.

Non-Members may:

•  View/Browse the site

•  View thumbnail images only.

We are not an Internet Service provider. However. In order to avail of the Aircraft-photos.net Service you must have internet access and all the software (and skills) required for e-mail and web usage. To view images/ the website at their/it's best a suitable web browser is required.

3.Important Note: Full Membership.

If you decide to become a Full Member, and, therefore, pay our Full Membership fee, you are agreeing to take the Full Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee. Your Full Membership will last for twelve months. If you wish to continue with Full Membership after the expiry of that twelve month period, we will enable you to do so at our then current terms and prices. But please note that we reserve the right to change the amount of the fee for Full Membership, the period that it covers, the services that it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under clause 8 or clause 9 below will not affect your then current Full Membership.

4. Registration

You undertake to register for the Aircraft-photos.net Service using accurate and current information about yourself- including your correct name, e-mail address and any other requested details.

Payment of the membership fee will be via PayPal and you agree to abide by the terms and conditions set out by them.

As part of the registration process for the Aircraft-photos.net Service, you will receive a verification e-mail, the purpose of which is to take reasonable steps to ensure that the e-mail address you have nominated during registration is controlled by you. That e-mail contains simple instructions that you must follow to activate your account using the log in name and password you registered with. The password can be changed/reset by yourself at any time via your control panel.

5. Data Security.

Aircraft-photos.net endeavour to consider the security of all its members whilst administering the site. No personal data of our members will be knowingly disclosed by us. However, given the global nature of the World Wide Web, any posting on the Aircraft-photos.net Service (including any that contain personal information) is, of course, accessible to internet users around the world.

6. Uploading images

As a member you are able to upload images to the site. It is important that you own the copyright for the image, otherwise it would be a breach of international copyright laws. See Clause 7 below.

7.Copyright

All photos on this site are protected by international copyright laws. This means that you have limited rights of the use of these photos. You may, dependent upon the type of membership;

•  personally view the images with your web browser

•  use the images as your personal computer wallpaper on your own computer

You may not:

•  reproduce any of the images/photos

•  distribute any of the images/photos

•  crop/resize any of the images/photos

•  use commercially

•  use any of the images/photos on any web page, commercial or non-commercial, for profit or non-profit

•  otherwise alter any of the images

without permission of the photographer (the copyright owner)

To contact a photographer (or copyright owner) to obtain their permission to use an image, simply click on the photographer's name on the 'Show Photo' page and that will enable you to e-mail the photographer direct. Any e-mails sent to the photographer using this link may be monitored.

The digital photos on this site are copyright to their owner. If you have obtained permission from the photographer to use a photo, you may use a copy from Aircraft-photos.net (if you have access to the un-disfigured image- i.e. you are Full Member) as long as you inform us of the usage to avoid any misunderstandings. We would, however, advise that you obtain a new copy of the photo directly from the photographer.

Aircraft-photos.net will not make any profit from the sale of images and any exchange of monies agreed between a purchaser and the photographer goes directly to the individual photographer.

8. Aircraft-photos.net's Role

You, whether you are Member or just a non-Member who visits the Aircraft-photos.net Service, acknowledge that we are not and cannot be responsible for the behaviour of Members – whether on the Aircraft-photos.net Service or outside of it. We only provide a venue where the Aircraft-photos.net Service may be accessed. In particular you will be aware that Aircraft-photos.net does not pre-screen or monitor the material contributed by Members onto the Forum.

Aircraft-photos.net do screen all images uploaded to the site to ensure that Aircraft-photos.net only display images that are appropriate, and of satisfactory quality (see Screening Policy). An Aircraft-photos.net crew member screens the images in accordance with the Screening Policy, which forms part of this Agreement.

9. Additional Services

Aircraft-photos.net or its affiliates may offer new or additional services through the Aircraft-photos.net Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you on the Aircraft-photos.net Service in an appropriate manner (as determined by Aircraft-photos.net in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

10. Operation of Aircraft-photos.net Services

Aircraft-photos.net reserves the right to withdraw or modify one or more aspects of the Aircraft-photos.net Service where we have legal or technical reasons to do so (including technical difficulties experienced by Aircraft-photos.net and its server or on the internet). There may also be times when the Aircraft-photos.net Service becomes unavailable whether on a scheduled or unscheduled basis. For security or other reasons, we may require you to change your password or other information that facilitates access to the Aircraft-photos.net Service.

In order to keep a raised profile of this site we would ask that when you use photos originally found on our site, whatever agreement you have with the photographer that you mention Aircraft-photos.net.

11. Misuse of Aircraft-photos.net Service

We reserve the right (a) to suspend or terminate any Member's access to the Aircraft-photos.net Service, or parts of it and/or (b) to edit, or require the Member to edit, material posted on the Aircraft-photos.net Service and its Forum, if the relevant Member or material appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Aircraft-photos.net Service and its Forum without prior consent. You are responsible for everything that is done on or through the Aircraft-photos.net Service while your membership account is logged on to the Aircraft-photos.net Service, or through your e-mail address(es).

To control misuse of the Aircraft-photos.net Service we are able to log the ISP address of all members.

12. Relevance

The Aircraft-photos.net Service is intended to be used by it's Members for the purposes referred to in Clause 2 above. Accordingly, Members must not:

• place material on, or otherwise use, the Aircraft-photos.net Service for any business or commercial purpose; or

•  use your access to the Aircraft-photos.net Service , or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).

13. Full Membership Fees

(i) You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Aircraft-photos.net Service.

(ii) Fees paid by a Full Member will not be rebated or refunded by Aircraft-photos.net, unless the Aircraft-photos.net Service for which the Full Member has subscribed is completely withdrawn from that Full Member by us other than in circumstances permitted under this Agreement.

14. Prohibitions

You are responsible for ensuring that no material you post, or that is posted through a machine on which you access the Aircraft-photos.net Service and its Forum , nor any activity or communication you make in connection with any Aircraft-photos.net Service and its Forum , will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading

15. Alerting Aircraft-photos.net

If you see anything on the Aircraft-photos.net Service that appears to infringe this Agreement, then please contact us to inform us of it by emailing us. We do monitor/screen all photos contributed by Members before it is placed on the Aircraft-photos.net Service. We do not, however, generally pre-screen material contributed by Members on the Forum and so we are reliant upon users to point out any that infringes this Agreement.

16. Withdrawal of Material and Termination of Membership

Each Member acknowledges that we are entitled to withdraw any material on the Aircraft-photos.net Service and its Forum that appears whether based on information received from Members or others, or our own determination to be capable of breaching any part of this Agreement, or to bring the Aircraft-photos.net Service into disrepute.

17. Disclaimer & Release

Aircraft-photos.net has no control over or responsibility for the truth or accuracy of any material available on the Aircraft-photos.net Service, whether provided by Members or others.

•  If any third party sites are linked to from the Aircraft-photos.net Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.

•  You should exercise no lesser degree of caution in appraising what you see on the Aircraft-photos.net Service than you do offline.

•  Even though Members are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.

•  Your use of the Aircraft-photos.net Service is entirely at your own risk.

Accordingly, to the extent that the law permits, you release Aircraft-photos.net from all liability arising out of or in connection with the Aircraft-photos.net Service and the material included here by Members and other third parties

18. Excluded Loss

We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Aircraft-photos.net will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control

19. Maximum Liability

Without limiting the preceding Clause, during any period of twelve months, the aggregate liability of Aircraft-photos.net Service under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of (a) £12, or (b) an amount equal to the sums paid by you to us by way of Full Membership fees during the relevant period of twelve months, regardless of the cause or form of action.

20. Non-excluded Liabilities

Nothing in this Agreement limits liability for death or personal injury resulting from our negligence, or any other liability that may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected .

21. Indemnity

You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Aircraft-photos.net Service

22. Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Aircraft-photos.net assign or dispose of this Agreement.

23. Entire Agreement

This Agreement and the Screening Policy contains the whole of the agreement between us and you concerning the Aircraft-photos.net Service and replaces all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

24. Changes to this Agreement

Aircraft-photos.net reserves the right to change this Agreement from time to time, and post the new version on the Aircraft-photos.net Service. When we do so, we will notify you of the fact that there are changed terms on the main screen ( www.aircraft-photos.net), the Forum or the member's Control Panel, and the new version of these terms and conditions will take effect, and will govern all Aircraft-photos.net Services and your relationship with Aircraft-photos.net:

- commencing four weeks after the date of posting (or such later date as Aircraft-photos.net indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Aircraft-photos.net Service; or

- immediately upon the date of posting (or such later date as Aircraft-photos.net indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Aircraft-photos.net Services addresses or email addresses referred to in this Agreement

25. Severability

In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

26. Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales .

27. Contact.

You can contact us by e-mail at admin@aircraft-photos.net .