These terms and conditions shall govern your use of our website.
By using our website, you accept these terms and conditions in full; accordingly, if
you disagree with these terms and conditions or any part of these terms and
conditions, you must not use our website.
If you register with our website, submit any material to our website or use any of
our website services, we will ask you to expressly agree to these terms and
conditions.
You must be at least 18 years of age to use our website; by using our website or
agreeing to these terms and conditions, you warrant and represent to us that you
are at least 18 years of age.
Copyright notice
Copyright (c) 2022 Aerodiary a trading style of Cube32 Studios Limited.
Subject to the express provisions of these terms and conditions:
we, together with our licensors, own and control all the copyright and other
intellectual property rights in our website and the material on our website;
and
all the copyright and other intellectual property rights in our website and the
material on our website are reserved.
Permission to use website
You may:
view pages from our website in a web browser;
download pages from our website for caching in a web browser;
print pages from our website for your own personal and non-commercial use,
providing that such printing is not systematic or excessive;
stream audio and video files from our website using the media player on our
website; and
use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
Except as expressly permitted by Section 3.1 or the other provisions of these
terms and conditions, you must not download any material from our website or
save any such material to your computer.
You may only use our website for your own personal and business purposes you
must not use our website for any other purposes.
Except as expressly permitted by these terms and conditions, you must not edit or
otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
republish material from our website (including republication on another
website);
sell, rent or sub-license material from our website;
show any material from our website in public;
exploit material from our website for a commercial purpose; or
redistribute material from our website.
We reserve the right to suspend or restrict access to our website, to areas of our
website and/or to functionality upon our website. We may, for example, suspend
access to the website during server maintenance or when we update the website.
You must not circumvent or bypass, or attempt to circumvent or bypass, any
access restriction measures on the website.
Misuse of website
You must not:
use our website in any way or take any action that causes, or may cause,
damage to the website or impairment of the performance, availability,
accessibility, integrity or security of the website;
use our website in any way that is unlawful, illegal, fraudulent or harmful, or
in connection with any unlawful, illegal, fraudulent or harmful purpose or
activity;
hack or otherwise tamper with our website;
probe, scan or test the vulnerability of our website without our permission;
circumvent any authentication or security systems or processes on or
relating to our website;
use our website to copy, store, host, transmit, send, use, publish or
distribute any material which consists of (or is linked to) any spyware,
computer virus, Trojan horse, worm, keystroke logger, rootkit or other
malicious computer software;
impose an unreasonably large load on our website resources (including
bandwidth, storage capacity and processing capacity);
decrypt or decipher any communications sent by or to our website without
our permission;
conduct any systematic or automated data collection activities (including
without limitation scraping, data mining, data extraction and data
harvesting) on or in relation to our website without our express written
consent;
access or otherwise interact with our website using any robot, spider or
other automated means, except for the purpose of search engine indexing;
use our website except by means of our public interfaces;
violate the directives set out in the robots.txt file for our website;
use data collected from our website for any direct marketing activity
(including without limitation email marketing, SMS marketing, telemarketing
and direct mailing); or
do anything that interferes with the normal use of our website.
You must not use data collected from our website to contact individuals,
companies or other persons or entities.
You must ensure that all the information you supply to us through our website, or
in relation to our website, is true, accurate, current, complete and non-misleading.
Use on behalf of organisation
If you use our website or expressly agree to these terms and conditions in the
course of a business or other organisational project, then by so doing you bind
both:
yourself; and
the person, company or other legal entity that operates that business or
organisational project,
to these terms and conditions, and in these circumstances references to "you" in
these terms and conditions are to both the individual user and the relevant person,
company or legal entity.
Registration and accounts
To be eligible for an account on our website under this Section 6, you must be
resident or situated in the United Kingdom.
You may register for an account with our website by completing and submitting
the account registration form on our website, and clicking on the verification link in
the email that the website will send to you.
You must not allow any other person to use your account to access the website.
You must notify us in writing immediately if you become aware of any
unauthorised use of your account.
You must not use any other person's account to access the website, unless you
have that person's express permission to do so.
User login details
If you register for an account with our website, we will provide you with a
username usually your email address and you will be asked to choose a password.
Your user ID must not be liable to mislead and must comply with the content rules
set out in Section 13; you must not use your account or user ID for or in
connection with the impersonation of any person.
You must keep your password confidential.
You must notify us in writing immediately if you become aware of any disclosure of
your password.
You are responsible for any activity on our website arising out of any failure to
keep your password confidential, and may be held liable for any losses arising out
of such a failure.
Cancellation and suspension of account
We may:
edit your account details;
temporarily suspend your account; and/or
cancel your account,
at any time in our sole discretion, providing that if we cancel any services you
have paid for and you have not breached these terms and conditions, you will be
entitled to a refund of any amounts paid to us in respect of those services that
were to be provided by us to you after the date of such cancellation; we will give
you 2 weeks written notice of any cancellation under this Section 8.1.
You may cancel your account on our website by unsubscribing at any time. You will
not be entitled to any refund if you cancel your account in accordance with this
Section 8.2.
Subscriptions
To become a subscriber to our website services, you must pay the applicable
subscription fees during the account registration procedure. We will send you an
acknowledgement of your order. The contract between us for the supply of the
website services shall come into force upon the issue of the order
acknowledgement.
You will have the opportunity to identify and correct input errors prior to making
your order by double checking the information given or going back steps to rectify.
For so long as your account and subscription remain active in accordance with
these terms and conditions, you will benefit from the features specified on our
website in relation to your subscription type.
We may from time to time vary the benefits associated with a subscription such as
extra features, if in our reasonable opinion such a variation results in a substantial
loss of value or functionality, you shall have the right to cancel your subscription,
and we will refund to you any amounts paid to us in respect of any period of
subscription after the date of such cancellation.
At the end of any period of subscription for which you have paid, and subject to
the other provisions of these terms and conditions, your subscription will be
automatically renewed and you must pay to us the applicable subscription fees,
unless you cancel the subscription using the cancellation facility on our website
before the date of renewal. Your subscription will be automatically cancelled,
unless you renew the subscription and pay the applicable subscription fees.
Fees
The fees in respect of our website services will be as set out on the website from
time to time.
All amounts stated in these terms and conditions or on our website are stated
inclusive of VAT.
You must pay to us the fees in respect of our website services in advance, in
cleared funds, in accordance with any instructions on our website.
We may vary fees from time to time by posting new fees on our website, but this
will not affect fees for services that have been previously paid.
If you dispute any payment made to us, you must contact us immediately and
provide full details of your claim.
If you make an unjustified credit card, debit card or other charge-back then you
will be liable to pay us, within 7 days following the date of our written request:
an amount equal to the amount of the charge-back;
all third party expenses incurred by us in relation to the charge-back
(including charges made by our or your bank or payment processor or card
issuer);
an administration fee of GBP 25.00 including VAT; and
all our reasonable costs, losses and expenses incurred in recovering the
amounts referred to in this Section 10.6 (including without limitation legal
fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the
source of an entry on your card statement or other financial statement, and make
a charge-back as a result, this will constitute an unjustified charge-back for the
purposes of this Section 10.6.
If you owe us any amount under or relating to these terms and conditions, we may
suspend or withdraw the provision of services to you.
We may at any time set off any amount that you owe to us against any amount
that we owe to you, by sending you written notice of the set-off.
Distance contracts: cancellation right
This Section 11 applies if and only if you offer to contract with us, or contract with
us, as a consumer - that is, as an individual acting wholly or mainly outside your
trade, business, craft or profession.
You may withdraw an offer to enter into a contract with us through our website, or
cancel a contract entered into with us through our website, at any time within the
period:
beginning upon the submission of your offer; and
ending at the end of 14 days after the day on which the contract is entered
into, subject to Section 11.3. You do not have to give any reason for your withdrawal or
cancellation.
You agree that we may begin the provision of services before the expiry of the
period referred to in Section 11.2, and you acknowledge that, if we do begin the
provision of services before the end of that period, then:
if the services are fully performed, you will lose the right to cancel referred
to in Section 11.2;
if the services are partially performed at the time of cancellation, you must
pay to us an amount proportional to the services supplied or we may deduct
such amount from any refund due to you in accordance with this Section 11.
In order to withdraw an offer to contract or cancel a contract on the basis
described in this Section 11, you must inform us of your decision to withdraw or
cancel (as the case may be). You may inform us by means of any clear statement
setting out the decision. In the case of cancellation, you may inform us using the
cancellation form that we will make available to you. To meet the cancellation
deadline, it is sufficient for you to send your communication concerning the
exercise of the right to cancel before the cancellation period has expired.
If you withdraw an offer to contract, or cancel a contract, on the basis described in
this Section 11, you will receive a full refund of any amount you paid to us in
respect of the offer or contract, except as specified in this Section 11.
We will refund money using the same method used to make the payment, unless
you have expressly agreed otherwise. In any case, you will not incur any fees as a
result of the refund.
We will process the refund due to you as a result of a cancellation on the basis
described in this Section 11 without undue delay and, in any case, within the
period of 14 days after the day on which we are informed of the cancellation.
Our rights to use your content
In these terms and conditions, "your content" means all works and materials
(including without limitation text, graphics, images, audio material, video material,
audio-visual material, scripts, software and files) that you submit to us or our
website for storage or publication on, processing by, or transmission via, our
website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to
reproduce, store and, with your specific consent, publish your content on and in
relation to this website.
You grant to us the right to sub-license the rights licensed under Section 12.2.
You grant to us the right to bring an action for infringement of the rights licensed
under Section 12.2.
You hereby waive all your moral rights in your content to the maximum extent
permitted by applicable law; and you warrant and represent that all other moral
rights in your content have been waived to the maximum extent permitted by
applicable law.
You may edit your content to the extent permitted using the editing functionality
made available on our website.
Without prejudice to our other rights under these terms and conditions, if you
breach any provision of these terms and conditions in any way, or if we reasonably
suspect that you have breached these terms and conditions in any way, we may
delete, unpublish or edit any or all of your content.
Rules about your content
You warrant and represent that your content will comply with these terms and
conditions.
Your content must not be illegal or unlawful, must not infringe any person's legal
rights, and must not be capable of giving rise to legal action against any person (in
each case in any jurisdiction and under any applicable law).
Report abuse
If you learn of any unlawful material or activity on our website, or any material or
activity that breaches these terms and conditions, please let us know.
You can let us know about any such material or activity by email.
Limited warranties
We do not warrant or represent:
the completeness or accuracy of the information published on our website;
that the material on the website is up to date;
that the website will operate without fault; or
that the website or any service on the website will remain available.
We reserve the right to discontinue or alter any or all of our website services, and
to stop publishing our website, at any time in our sole discretion without notice or
explanation; and save to the extent expressly provided otherwise in these terms
and conditions, you will not be entitled to any compensation or other payment
upon the discontinuance or alteration of any website services, or if we stop
publishing the website.
To the maximum extent permitted by applicable law and subject to Section 16.1,
we exclude all representations and warranties relating to the subject matter of
these terms and conditions, our website and the use of our website.
Limitations and exclusions of liability
Nothing in these terms and conditions will:
limit or exclude any liability for death or personal injury resulting from
negligence;
limit or exclude any liability for fraud or fraudulent misrepresentation;
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by
these terms and conditions, except to the extent permitted by law.
The limitations and exclusions of liability set out in this Section 16 and elsewhere
in these terms and conditions:
are subject to Section 16.1; and
govern all liabilities arising under these terms and conditions or relating to
the subject matter of these terms and conditions, including liabilities arising
in contract, in tort (including negligence) and for breach of statutory duty,
except to the extent expressly provided otherwise in these terms and
conditions.
To the extent that our website and the information and services on our website are
provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or
events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without
limitation) loss of or damage to profits, income, revenue, use, production,
anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data,
database or software, providing that if you contract with us under these terms and
conditions as a consumer, this Section 16.6 shall not apply.
We will not be liable to you in respect of any special, indirect or consequential loss
or damage, providing that if you contract with us under these terms and conditions
as a consumer, this Section 16.7 shall not apply.
You accept that we have an interest in limiting the personal liability of our officers
and employees and, having regard to that interest, you acknowledge that we are a
limited liability entity; you agree that you will not bring any claim personally
against our officers or employees in respect of any losses you suffer in connection
with the website or these terms and conditions (this will not, of course, limit or
exclude the liability of the limited liability entity itself for the acts and omissions of
our officers and employees).
Indemnity
You hereby indemnify us, and undertake to keep us indemnified, against any and
all losses, damages, costs, liabilities and expenses (including without limitation
legal expenses and any amounts paid by us to a third party in settlement of a
claim or dispute) incurred or suffered by us and arising directly or indirectly out of
[your use of our website or any breach by you of any provision of these terms and
conditions].
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you
breach these terms and conditions in any way, or if we reasonably suspect that
you have breached these terms and conditions in any way, we may:
send you one or more formal warnings;
temporarily suspend your access to our website;
permanently prohibit you from accessing our website;
commence legal action against you, whether for breach of contract or
otherwise; and/or
[suspend or delete your account on our website].
Where we suspend or prohibit or block your access to our website or a part of our
website, you must not take any action to circumvent such suspension or
prohibition or blocking (including without limitation creating and/or using a
different account).
Trade marks
Aerodiary, our logo and our unregistered trade mark is a trade mark belonging to
us; we give no permission for the use of this trade mark, and such use may
constitute an infringement of our rights.
Variation
We may revise these terms and conditions from time to time.
The revised terms and conditions shall apply to the use of our website from the
date of publication of the revised terms and conditions on the website, and you
hereby waive any right you may otherwise have to be notified of, or to consent to,
revisions of these terms and conditions.
If you are a consumer and you have purchased any of our website services and
there subsists a contract under these terms and conditions in respect of those
website services, we will ask for your express agreement to any revision of that
contract. We may make such revisions only for the purposes of reflecting changes
to applicable law, the technology we use to provide the services and/or our
internal business processes. We will give you at least 30 days' prior written notice
of any revision. If you do not give your express agreement to the revised terms
and conditions within that period, the contract between us shall be automatically
terminated and you will be entitled to a refund of any amounts paid to us in
respect of website services that were to be provided by us to you after the date of
such termination.
Assignment
You hereby agree that we may assign, transfer, sub-contract or otherwise deal
with our rights and/or obligations under these terms and conditions providing, if
you are a consumer, that such action does not serve to reduce the guarantees
benefiting you under these terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or
otherwise deal with any of your rights and/or obligations under these terms and
conditions.
Severability
If a provision of these terms and conditions is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other provisions will
continue in effect.
If any unlawful and/or unenforceable provision of these terms and conditions
would be lawful or enforceable if part of it were deleted, that part will be deemed
to be deleted, and the rest of the provision will continue in effect.
Entire agreement
Subject to Section 16.1, these terms and conditions, together with our privacy and
cookies policy, shall constitute the entire agreement between you and us in
relation to your use of our website and shall supersede all previous agreements
between you and us in relation to your use of our website.
Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with
English law.
Any disputes relating to these terms and conditions shall be subject to the non-
exclusive jurisdiction of the courts of England.
Our details
This website is owned and operated by Cube32 Studios Limited.