Terms Of Use

logo200Frankfurt Aviations Friends – Terms Of Use

as of  01 February 2013

Preamble

Frankfurt Aviation Friends is a non-profit association, with website and forum operated and maintained by an all-volunteer crew of aviation enthusiasts. Our goal is providing informations and help to the planespotters visiting Frankfurt Airport. So take a look around and let us know if you have any questions or suggestions about the hobby or this website. Get in contact with us and share your aircraft photos or informations with other like-minded people on this planet. After signing up for a free membership account, members can upload and share their own aircraft photos on the website.

1. Scope of Applicability

The following terms of use (the “Terms of Use”) provide the basic rules for the use of the website Frankfurt Aviation Friends.de, including all subdomains and forum FRA-Spotterforum.de (hereafter called “Frankfurt Aviation Friends.de”. They also apply to all future legal relationships with the guest/member/author, even if not expressly agreed upon.

Guest“ is any natural or legal person or association of persons, who visit Frankfurt Aviation Friends.de without creating a free membership account.

Member“ is any natural or legal person or association of persons, who log in to Frankfurt Aviation Friends.de with a free membership account.

Author“ is any member, who uploads aircraft photos to the website of Frankfurt Aviation Friends.de. Authors are usually the photographers or other natural or legal persons or association of persons who hold the licensing rights to the uploaded photos.

Aircraft photos“ are photos of airplanes, helicopters and other aircraft, but not scale models or computer generated images (screenshots, 3D models).

Additional content“ to the aircraft photos includes aircraft data of the depicted aircraft or the photo’s EXIF ​​information, amongst others.

Thumbnails“ are scaled down versions of uploaded photos for preview purposes.

2. Subject to Change

Frankfurt Aviation Friends.de reserves the right to amend these Terms of Use at any time. Frankfurt Aviation Friends.de will notify all members, at least one week in advance, about any changes to the Terms of Use by e-mail to the e-mail address provided in their membership accounts.

Members have the right to object to the changed Terms of Use within 30 days upon receipt of the notification. In case the member does not object, the changes take effect after these 30 days. Within the notification e-mail, Frankfurt Aviation Friends.de will inform the members about their right to object to these changes, the objection period and consequences of failing to object. Should a member object to the changed Terms of Use, the membership will be continued under the Terms of Use previously agreed upon. However, upon receiving an objection, Frankfurt Aviation Friends.de reserves the right to terminate the membership extraordinarily.

3. Creating an Account

Guests can sign up for a free membership account (Home/Create Account). The registration form allows guests to choose a user name, a display name/author’s name and a password for their membership and must be completed truthfully and accurately. Names violating third party rights, in particular trademarks or name rights, as well as illegal or immoral names are prohibited.

By submitting the registration form, the member agrees to the Terms of Use and acknowledges to have read and understood the Terms of Use. The submission represents an offer to Frankfurt Aviation Friends.de for a membership. Should Frankfurt Aviation Friends.de accept the offer, the member will receive a confirmation e-mail and the member’s login information. Upon receipt of the confirmation e-mail, the contract between Frankfurt Aviation Friends.de and the member is concluded. Frankfurt Aviation Friends.de reserves the right to reject membership submissions without prior notice.

The member is responsible for his/her membership data and is required to keep all data up-to-date.

The login data – including and especially the password – must not be disclosed to any third party.

Should there be a risk of breach of security or unauthorized use of the membership account, the member must notify Frankfurt Aviation Friends.de immediately.

For security purposes, the IP (internet protocol) address of each of our users is automatically recorded. User IP addresses will never be distributed publicly, and are available only to Frankfurt Aviation Friends administration crew.

Please write the comments / articles in English.

The member is liable for any use of and/or any activity carried out with his/her membership account or data in accordance with the law. Frankfurt Aviation Friends.de is not liable for any damages caused by a breach of security or unauthorized use.

It is prohibited to create multiple membership accounts.

4. Uploading Photos

Only members are allowed to upload aircraft photos and additional content to Frankfurt Aviation Friends.de

5. Attribution of the Author

The author’s name will be displayed on every uploaded photo. If technically feasible, this will be done by Frankfurt Aviation Friends.de in the following format: “Copyright © display name/author’s name / Frankfurt Aviation Friends” or “© display name/author’s name”.

6. Prohibited Use

Frankfurt Aviation Friends.de may only be used within the limitations of the law.

It is expressly forbidden to upload pictures, articles or other content to Frankfurt Aviation Friends.de that:

– violate applicable law, third party rights (especially the right to privacy and the right to one’s own image) or the principles of youth protection,

– contain obscene, pornographic, abusive, insulting, defamatory, offensive or indecent content,

– could promote racism, fanaticism, hatred, physical violence or illegal actions.

Furthermore, it is expressly forbidden to upload political articles or advertising for political parties, boycott or deletion requests of any kind as well as personal information of members to Frankfurt Aviation Friends.de. Quotes taken from messages (emails, SMS or others) of members, Frankfurt Aviation Friends.de or third parties must not be uploaded to Frankfurt Aviation Friends.de either.

Linking to websites with illegal content and using Frankfurt Aviation Friends.de thumbnails on other websites without providing sufficient attribution to the author (in the format: “Copyright © display name/author’s name / Frankfurt Aviation Friends” or “© display name/author’s name”) is strictly prohibited. It is furthermore not allowed to copy, send, multiply or publish any aircraft photos from Frankfurt Aviation Friends.de without prior permission of the author.

Members are responsible to ensure photos and other content uploaded by them are free of viruses, worms, trojan horses or other malicious software, that could endanger or impair the content or functionality of Frankfurt Aviation Friends.de or its members‘ pages.

7. Liability and Assurance of the Author

By uploading aircraft photos and/or additional content, the member assures to be the sole owner (author) and copyright holder of these photos and additional content. The member also assures, that he/she is entitled to grant Frankfurt Aviation Friends.de all the licensing rights required by this agreement and that no rights or licenses contradicting this agreement have already been granted to third parties.

The member (author), who uploads aircraft photos and/or additional content through his/her membership account, indemnifies Frankfurt Aviation Friends.de, as well as its members and guests, from any third party claims resulting from the culpable violation of these terms and the rights granted therein.

If a third party files a claim against Frankfurt Aviation Friends.de due to a culpable violation of obligations by the author, especially relating to violations of copyright, personal rights, property rights or intellectual propery rights, the author indemnifies Frankfurt Aviation Friends.de from any liability and costs.

This also applies, if a member or guest is held liable by a third party for a breach of his/her obligations towards an author in connection with the transfer of usage rights.

8. Granting of Licensing Rights by the Author to Frankfurt Aviation Friends.de

Members (authors) who upload aircraft photos and/or additional content grant Frankfurt Aviation Friends.de a limited, revocable, non-exclusive, worldwide and royalty-free license to use the aircraft photos and/or additional content. The author explicitly grants Frankfurt Aviation Friends.de the right to:

  1. copy and publish the aircraft photos and additional content on Frankfurt Aviation Friends.de
  2. store them on the server/in the database of Frankfurt Aviation Friends.de
  3. edit them – if required for publication purposes on Frankfurt Aviation Friends.de
  4. distribute, send, show and publicly display the aircraft photos and additional content.

(The members/authors are not entitled to any compensation for the rights granted under 8).

All other rights to the aircraft photos and additional content, including copyrights and intellectual property rights, remain with the author.

Frankfurt Aviation Friends.de does not grant any rights or licenses exceeding those specified in the Terms of Use to any third party.

9. Granting of Licensing Rights by the Author to Members and Guests

The author grants all guests and members the right to link thumbnails of published aircraft photos to the original photo on Frankfurt Aviation Friends.de through the options provided by Frankfurt Aviation Friends.de. When linking thumbnails, the proper attribution of the author (in the format: “Copyright © display name/author’s name / Frankfurt Aviation Friends” or “© display name/author’s name”) must not be removed.

Any usage or licensing rights exceeding these Terms of Use can only be granted by the author of the respective aircraft photo. The author can be contacted via the link (Contact Us) provided in the website header.

10. Liability of Frankfurt Aviation Friends.de

Although Frankfurt Aviation Friends.de reserves the right to check uploaded aircraft photos and additional content for copyright violations, Frankfurt Aviation Friends.de is not obligated to do so. Frankfurt Aviation Friends.de points out that it is neither technically nor manually possible to check every uploaded aircraft photo and additional content for copyright violations.

The responsibility to ensure the legality and legitimacy of granting usage rights for the uploaded aircraft photos and additional content lies solely with the author. Frankfurt Aviation Friends.de can not be held liable in this regard.

In case of breach of contractual duties, the liability of Frankfurt Aviation Friends.de including its agents, is limited to deliberate intention and gross negligence. Damages other than physical damage are limited to the predictable, typically occurring damage.

This limited liability shall not apply in case of malice and damage to body and health.

11. Removal of Aircraft Photos and Additional Content by Frankfurt Aviation Friends.de

Frankfurt Aviation Friends.de reserves the right to refuse the publication of aircraft photos and additional content and/or remove published aircraft photos and additional content without prior notice, especially if there is evidence of a breach of these Terms of Use.

The author has no legal claim to have his/her aircraft photos and additional content published on Frankfurt Aviation Friends.de

12. Termination of Membership

The membership may be terminated by the member or Frankfurt Aviation Friends.de at any time for any reason. The member’s termination notice must be sent by e-mail to info@frankfurt-aviation-friends.de.

Upon receipt of the termination notice, the membership will be terminated and the member is no longer allowed to log in. When the membership is terminated, Frankfurt Aviation Friends.de reserves the right to close the member’s account and, within the period of one month, delete all related data, including, amongst others, aircraft photos and additional content as well as comments and messages written by the member.

13. Photo and Aircraft Database

The photos, including additional content, and aircraft data provided on Frankfurt Aviation Friends.de each form a proprietary database, as well as a combined proprietary database. The databases and their content and structure may not be copied or altered, neither in whole nor in part, without prior permission by Frankfurt Aviation Friends.de

14. Privacy Policy

Frankfurt Aviation Friends.de takes your privacy very seriously and adheres strictly to the rules of applicable privacy laws. Personal information is only gathered if technically necessary. For security purposes, the IP (internet protocol) address of each of our users is automatically recorded. User IP addresses will never be distributed publicly, and are available only to Frankfurt Aviation Friends administration crew. Personal information will not be sold or provided to third parties under any circumstances.

15. Final Provisions

These Terms of Use are governed by the laws of the Federal Republic of Germany.

In case any of the provisions becomes invalid, the other provisions remain unaffected. If any of these terms is or becomes invalid, the parties try to agree on a substitutional provision that reflects the purpose of the contract and the economical intention of the invalid term best.