Terms and Conditions

The AeroCircus.com.au website (“Website”) is a hosted aviation information and entertainment service (“Service”) operated by Aero Circus. Any use of the Website and Service is subject to the following Aero Circus Terms and Conditions of Use (“Terms and Conditions”), as well as to Aero Circus’ Privacy Policy, all of which are incorporated by reference into these Terms and Conditions. When you access any part of the Website or use the Service, you agree that you have read, understood, and agree to be bound by the these Terms and Conditions concerning your use of the Website.

  1. General. To obtain access to certain restricted information, you must first register with the Website.  After registering and validating your Username and Password, you will be able to use the Service. You must keep any aero Circus account passwords and other secure information to yourself. Aero Circus may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website and Service, temporarily or permanently, at any time and without notice to you. Under no circumstances will Aero Circus be liable for any such change, modification, suspension, improvement or discontinuance.  If you do not agree with any of these changes, you may terminate your account as set forth in Section 14.
  2. Registration. By registering with Aero Circus, you represent and warrant that the information you provide to Aero Circus in connection with any registration process is true and accurate, and that you will promptly notify Aero Circus if any of that information changes. Aero Circus may use the information that you provide during the registration process, in particular your email address:  (a) to communicate with you about the Website and Service, including without limitation, any changes to Aero Circus’ Privacy Policy or other policies; (b) respond to your emails to us regarding spam; and (c) for all other purposes stated in Aero Circus’ Privacy Policy. Aero Circus reserves the right to terminate your access to and use of all of the Aero Circus websites if you provide false or inaccurate information.
  3. Responsibility of Website Visitors. While it makes reasonable attempts, Aero Circus cannot review all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Aero Circus does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You will only access the Aero Circus website with an interactive web browser (or other authorized agents, which include general purpose media players) and not with any program, collection agent, or “robot” for the purpose of automated retrieval of content. You will not post any material to the Website that is illegal, or would be considered offensive to a reasonable person. Aero Circus has the right to moderate any and all conversations, discussions, topics, posts, and images, in all areas of the Aero Circus website without prejudice. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Aero Circus disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Aero Circus does not have any control over those non-Aero Circus websites and webpages, and is not responsible for their contents or their use. By linking to a non-Aero Circus website or webpage, Aero Circus does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Aero Circus disclaims any responsibility for any harm resulting from your use of non-Aero Circus websites and webpages.
  5. Copyright of Materials contained on the Website. All material on the Aero Circus website is copyright and for non-commercial (personal) use only – that means you can’t use any materials including written, photographic, audio or video streams for commercial gain (e.g. for student briefings if you are a flying instructor). You may not reproduce any part of this website or the material contained within it for any reason without express written permission of Aero Circus.
  6. Copyright Infringement. As Aero Circus asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify Aero Circus. Aero Circus will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Aero Circus or others, Aero Circus may, in its discretion, terminate or deny access to and use of the Website or Service. In the case of such termination, Aero Circus will have no obligation to provide a refund of any amounts previously paid to Aero Circus.
  7. Trademarks. Aero Circus, Aero Circus, AeroCircus.com.au, the AeroCircus.com.au logo, WordPress, WordPress.com, the WordPress.com logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of Aero Circus or Aero Circus’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Aero Circus or third-party trademarks.
  8. Changes. The Website, Service, and these Terms and Conditions may be changed at the sole discretion of Aero Circus and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
  9. Communications with Aero Circus. All notices and other communications to Aero Circus required under this Agreement should be directed to the Aero Circus contact page. Notice shall be deemed given twenty-four (24) hours after notice is sent.
  10. Limitation of warranties of Aero Circus, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website and the Service are provided “as is”, and Aero Circus, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You use the information materials on the Website at your own risk. All materials are the opinions of the respective authors and you should make your own enquiries about their validity before acting upon the information they contain. Aero Circus makes no representations and warranties regarding uptime for the Service and the accuracy of the Service in providing information that may be used in aviation. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Aero Circus, its suppliers and its licensors will have no liability or responsibility for any damage to persons or property that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
  11. Limitation of liability of Aero Circus, its suppliers and its licensors. Except as otherwise expressly stated, in no event will Aero Circus, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Aero Circus, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Aero Circus, its suppliers and its licensors arising out of or related to use of the Website and Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Aero Circus during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. You agree that this Section represents a reasonable allocation of risk.
  12. General Representation and Warranty. You represent and warrant that your use of the Website and Service will be in accordance with the Aero Circus Privacy Policy, with these Terms and Conditions, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside, and with any other applicable policy or terms and conditions.
  13. Indemnification. You agree to defend, indemnify and hold harmless Aero Circus, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
  14. Termination. Aero Circus may terminate this Agreement, your rights under this Agreement, and your access to and use of restricted areas of the Website and Service in its sole discretion, for any reason or no reason at all, (including but not limited to failure to pay your fees), with or without cause and without notice or liability to you or any third party. Any termination of these Terms and Conditions automatically terminates the license to use the Service and this Website. You may terminate these Terms and Conditions for any reason upon thirty (30) days prior written notice to Aero Circus.
  15. Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that you will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
  16. Miscellaneous. These Terms and Conditions constitute the entire agreement between Aero Circus and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of Aero Circus, or by the posting by Aero Circus of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of Queensland, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Brisbane, Queensland. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Aero Circus may assign its rights under these Terms and Conditions without condition.  These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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