The following Terms and Conditions of Use (the “Agreement”) constitutes an agreement between you and Airstock, operator of www.airstock.is (the “Site”). By using the Site, you agree to be bound by and accept the terms of this Agreement.
Airstock may alter the terms of this Agreement from time to time with prior notice to you. No alteration of this Agreement by you will be binding upon Airstock except as expressly agreed in writing signed by an authorized agent of Airstock.
Please read this Agreement carefully. This Agreement limits Airstock’s liability and may substantively affect your rights.
1) Site Content
The Site contains video, motion picture footage, photographs and/or other audio, audio-visual or visual works available for licensed use (“Audio-Visual Content”) under the terms of Airstock’s Royalty Free License. The Audio-Visual Content is property of Airstock’s licensors. Submission of works to Airstock for inclusion in the Site’s Audio-Visual Content is subject to Airstock’s Submission Agreement and Grant of License.
Non-Audio-Visual Content on the Site is property of Airstock. Airstock makes its best efforts to ensure the accuracy of non-Audio-Visual Content on the Site, but makes no warranties or representations, nor shall be liable for any damages arising from, any inaccuracy of non-Audio-Visual Content on the Site.
Airstock operates the Site as a venue for the licensing of video, motion picture footage, photographs and/or other audio, audio-visual or visual works and other content. Airstock acts solely as a service provider providing storage of materials on its systems or networks at the direction of Airstock’s users.
2) Offsite Links
The Site may contain links to World Wide Web content which is not a part of the Site. You agree and acknowledge that Airstock is not responsible for such content.
3) Use of the Site
Use of and access to the Site is limited by the terms of this Agreement. You agree:
Not to use any robot, spider, scraper or other automated means to access the Site for any purpose without Airstock’s express written permission.
Not to take any action that imposes, or may impose in Airstock’s sole discretion, an unreasonable or disproportionately large load on Airstock’s servers or other infrastructure or to interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site.
Not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site, including but not limited to “framing” Site content within another site, except that you may use Audio-Visual Content validly licensed by Airstock to You under Airstock’s Royalty Free License.
To use the Site only for lawful purposes, and to comply with all applicable laws and regulations in connection with your use of the Site.
Not to advertise products or services or solicit any user of the Site, whether or not such advertising or solicitation is in the form of unrequested bulk commercial email.
4) Termination of Use
Airstock may at its sole discretion terminate or limit your use of the Site for violation of any of the rules contained in this Agreement, or for any conduct, whether by act or omission, which in Airstock’s sole opinion adversely impacts the operation of the Site. Airstock may so terminate or limit your use of the Site without prior notice to you. If such termination or limitation is for reasonable cause, Airstock will not be obligated to refund any fees paid by you.
Airstock does not distribute, sell or rent your personal information to third parties, except as required by law, and uses such information only for the purpose of providing you with services you request. Airstock will make its best efforts to maintain all user information securely. You agree to release and hold harmless Airstock for any damages arising out of any failure of such efforts.
6) Intellectual Property
Airstock and www.airstock.is are trademarks of Airstock. Non-Audio-Visual Content on the Site and Site layout are copyright Airstock. The visual appearance of the Site is protected trade dress of Airstock under 15 U.S.C. § 1125 et seq. Copyrights in Audio-Visual Content are held by Airstock’s licensors.
7) Rights Of Third Party Intellectual Property Owners
Airstock respects the intellectual property rights of others and operates the Site in compliance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq.
Owners of intellectual property rights, including but not limited to rights in the nature of trademark or copyright (“Rights Owners”), who believe any Audio-Visual Content infringes their intellectual property rights may submit Notifications of Claimed Infringement pursuant to 17 U.S.C. § 512(c) to Airstock’s Designated Agent:
Airstock may provide services in connection with the Site, including but not limited to email notifications, image and content downloading and information publication. Airstock will make its best efforts to ensure that such services are available, operate correctly and are free from malicious code (e.g., computer viruses). You agree to release and hold harmless Airstock for any damages arising out of your use of the Site, including but not limited to the unavailability, failure or improper operation of services provided in connection with the Site.
You may incur fees for using certain services (“Fee-Based Services”) provided by Airstock. The fees for Fee-Based Services will be conspicuously posted, and you will not be allowed to access any Fee-Based Service without first approving the fees for such service. You agree to pay Airstock’s all fees charged by Airstock for Fee-Based Services you elect to access.
Airstock HEREBY WAIVES ALL WARRANTIES EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR AN INTENDED USE, IN CONNECTION WITH THE SITE.
10) Dispute Resolution
Any dispute arising out of use of the Site or this Agreement shall be governed by the laws of Reykjavik, Iceland without regard to its conflict of laws provisions. You hereby agree to personal jurisdiction in the courts of Reykjavik, Iceland and agree not to bring any action against Airstock in any other jurisdiction. Nothing in this Agreement shall limit the rights of Airstock to initiate an action against you in any other jurisdiction where such jurisdiction may be properly exercised.