Wings Over Kansas/Chance Communications, Inc.
Liability Disclaimer and User Agreement
General:
Chance Communications, Inc., is the owner of Wings Over Kansas website and is responsible for its content. Carl Chance, President of Chance Communications, Inc. is the creator and manager of the site.
The Wings over Kansas web site is offered to you, the user (“User”), conditioned on acceptance of the terms, conditions, and notices contained herein, without modification. User access and use of this site constitutes acceptance of these terms and conditions. Wings Over Kansas is a product of Chance Communications, Inc. and Air Capital Video Producers, a division of C.C.I.
The website is provided as a public service celebrating the past, present and future of flight. Chance Communications, Inc. reserves the right to offer this website directly to you or through its authorized agents and contractors . User agrees to use this web site as permitted by applicable local, state, and federal laws. User agrees, therefore, not to: 1) knowingly and without authorization, alter, damage, or destroy Chance Communications, Inc.’s, its contractors” or another user’s computer system, network, software, program, documentation or data contained therein; 2) use this service to conduct or attempt to conduct any business or activity or solicit the performance of any activity that is prohibited by law. In addition, taking action which results in blocking access to this website by other users will be deemed an unauthorized use.
Anyone using this system expressly consents to administrative monitoring at all times by Chance Communications, Inc. and its authorized agents and contractors. You (User) are further advised that system administrators may provide evidence of possible criminal activity identified during such monitoring to appropriate law enforcement officials. If you (User) do not wish to consent to monitoring, exit this system now.
Disclaimer of Liability and Reliability:
In preparation of these pages, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors in information may occur. In particular but without limiting anything here, Chance Communications, Inc. and its authorized agents and contractors disclaim any responsibility for typographical errors and accuracy of the information that may be contained on Wings Over Kansas web pages. The information and data included in this website have been compiled by Chance Communications, Inc. staff and agents from a variety of sources, and are subject to change without notice to the User. Chance Communications, Inc. and its authorized agents and contractors make no warranties or representations whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data.
THE SERVICES, INFORMATION, AND DATA MADE AVAILABLE AT THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. CHANCE COMMUNICATIONS, INC. AND ITS AUTHORIZED AGENTS AND CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDITION OR FUNCTIONALITY OF THIS WEB SITE, ITS SUITABILITY FOR — USE, OR THAT THIS WEB SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Links to Third Parties’ Web Sites:
There are links and pointers to third party Internet websites contained in the Wings Over Kansas website. These sites linked from the Wings Over Kansas website are not under the control of Chance Communications, Inc. and it’s authorized agents. Chance Communications, Inc. and its authorized agents and contractors do not assume any responsibility or liability for any information, communications or materials available at such linked sites, or at any link contained in a linked site. Chance Communications, Inc. and its authorized agents and contractors do not intend these third party links to be referrals or endorsements of the linked entities by Chance Communications, Inc., and are provided for convenience only. Each individual site has its own set of policies about what information is appropriate for public access. User assumes sole responsibility for use of third party links and pointers.
Disclaimer of Damages:
By using the Wings Over Kansas web pages, the User assumes all risks associated with the use of this site, including any risk to User’s computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via a Chance Communications, Inc. web page, this site or User’s access to it. CHANCE COMMUNICATIONS, INC. AND ITS AUTHORIZED AGENTS AND CONTRACTORS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE — USE OR MIS– USE OF THE INFORMATION OR LACK OF INFORMATION ON THE WINGS OVER KANSAS WEB SITE OR WITH THE DELAY OR INABILITY TO — USE THIS WEB SITE, OR FROM ANY INFORMATION, DOCUMENTS, SERVICES, SOFTWARE, OR OTHER MATERIAL OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE — USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CHANCE COMMUNICATIONS, INC. AND/OR ANY OF ITS AUTHORIZED AGENTS, CONTRACTORS, EMPLOYEES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Chance Communications, Inc. and its authorized agents and contractors shall not be liable for any loss or injury caused in whole, or in part, by their actions, omissions, or contingencies beyond their control, including in procuring, compiling, or delivering the information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user’s decision, or action taken or not taken in reliance upon information furnished.
Disclaimer of Association With User:
User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and Chance Communications, Inc. or its authorized agents or contractors as a result of this Agreement or use of the Wings Over Kansas web site. User agrees not to hold himself or herself out as a representative, agent, or employee of Chance Communications, Inc. and Chance Communications, Inc. and its authorized agents and contractors shall not be liable for any representation, act or omission of the User.
Use of Bulletin Board, or any Other Communication or Interactive Forums:
To the extent that this web site contains or may in the future contain bulletin boards, discussion webs, chat rooms, or other message, interactive or communication facilities involving Chance Communications, Inc. and other users (“Forums”), the User agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the User agrees that when using a Forum, the User shall not violate the law by:
- Defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights (such as rights of privacy and publicity) of others.
- Publishing, posting, distributing, or disseminating any defamatory, infringing, obscene, indecent or unlawful material or information.
- Uploading or downloading files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
- Deleting any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- Falsifying the origin or source of any material contained in a file that is uploaded.
Knowingly introducing viruses, corrupted files or any other similar software or programs that may damage, alter or destroy this website or the operation of another’s computer system, network, software, program, documentation or data contained therein.
Knowingly accessing or attempting to access or use Chance Communications, Inc.’s computer system, computer network, or any part thereof, including this website, for the purpose of devising or executing any scheme or artifice to defraud; obtaining money property or services by means of false or fraudulent pretenses, representations or promises; or committing theft, including but not limited to theft of proprietary information.
User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this web site only as permitted by these terms and conditions, any additional policies or procedures published in this web site from time to time by Chance Communications, Inc., and applicable law.
Chance Communications, Inc. and its authorized agents and contractors reserve the right to remove any contents of this website received from users for violations of Chance Communications, Inc. forum use policies and other applicable regulations and law, including violations of others’ constitutional rights. Chance Communications, Inc. reserves the right to edit any notices or postings for length if and when such length interferes with other users’ access to and use of this forum.
The User acknowledges that chats, conferences, bulletin boards, discussion webs and any other such interactive or communications’ forums hosted by this web site are public and not private communications. Further, the User acknowledges that chats, posting conferences, discussion webs and other communications by other Users are not endorsed by Chance Communications, Inc. or its agents or contractors, and such communications shall not be considered reviewed, screened, or approved by Chance Communications, Inc.
Indemnity:
As a condition of use of Chance Communications, Inc.’s web site, the User agrees to indemnify Chance Communications, Inc., its Commissioners, officers, employees and agents and contractors against any and all liability, expenses (including attorney’s fees) and damages arising out of claims resulting from User’s use of this web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions.
Jurisdiction:
This Agreement is governed by the laws of the State of Kansas, USA. User consents to the exclusive jurisdiction and venue of courts in Sedgwick County, Kansas, USA in all disputes arising out of or relating to the use of this web site. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Chance Communications, Inc.’s performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Chance Communications, Inc.’s right to comply with law enforcement requests or requirements relating to the User’s use of this web site or information provided to or gathered by Chance Communications, Inc. with respect to such use.
Severability:
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Closing of Agreement:
This Agreement constitutes the entire agreement between the User and Chance Communications, Inc. (and its contractors and agents) with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Chance Communications, Inc. with respect to this web site. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in this web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.