USE OF THE SITE
Niagara Falls Air Tours Inc. maintains the Site for your non-commercial personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Niagara Falls Air Tours Inc. Without limiting the foregoing, you may not: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others’ use of the Site; (3) impair the Site’s operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with Niagara Falls Air Tours Inc.’s intellectual property rights; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; or (7) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.
We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.
LINKS TO OTHER SITES
The Site may include links to third-party Websites. Niagara Falls Air Tours Inc. does not control and is not responsible for the content or privacy policies of any linked site, and the inclusion of any link on the Site does not imply our endorsement of it.
RESERVATIONS AND TRANSACTIONS
All reservations and transactions made through the Site are subject to Niagara Falls Air Tours Inc.’s acceptance, which is in our sole discretion. Without limitation, this means that Niagara Falls Air Tours Inc. may refuse to accept or may cancel any reservation or transaction, whether or not the reservation or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.
By using the Site, you consent to receiving electronic communications and notices from Niagara Falls Air Tours Inc. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
All copyrightable text, graphics, sound, downloads, software and other material (collectively, the “Content”), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are copyrighted by Niagara Falls Air Tours Inc. and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Site may also contain content that is owned by third parties, including our advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to Intellectual Property Manager, Copyright Reprint Permission, 202 – 48 Front Street South, Thorold, ON L2V1W9 or info@Niagara Falls Air Tours Inc.com. Niagara Falls Air Tours Inc. does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.
Claims of Copyright Infringement. If you in believe that materials posted on the Site violate your intellectual property rights, please contact Niagara Falls Air Tours Inc. at Intellectual Property Manager, Intellectual Property Questions, 202 – 48 Front Street South, Thorold, ON L2V1W9 or info@Niagara Falls Air Tours Inc..com. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.
NIAGARA FALLS AIR TOURS INC., the “Winged” logo, WWW.NIAGARAAIRTOURS.COM, NIAGARAFALLSAIRTOURS.COM, PLANEOFTHEMIST.COM are included in the family of trademarks and service marks owned by Niagara Falls Air Tours Inc.(this is not an all-inclusive list of Niagara Falls Air Tours Inc.’s trademarks and service marks). Trademarks and service marks designated with the “®” symbol are registered with the Canadian Patent and Trademark Office and with numerous foreign countries. Other trademarks and service marks belonging to Niagara Falls Air Tours Inc. may be designated with the “SM” or “TM” symbols. Our trademarks and service marks may not be used in connection with any product or service without our prior written permission. All other brands, trademarks and names not owned by Niagara Falls Air Tours Inc. that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by Niagara Falls Air Tours Inc.
Niagara Falls Air Tours Inc. has a number of pending patent applications, both Canadian and foreign, covering various aspects of this Site, and users are cautioned from copying, adopting, using or otherwise borrowing any techniques, menu operations, or other functional aspects or features as doing so may well result in liability for patent infringement.
USE OF INFORMATION SUBMITTED
You agree that Niagara Falls Air Tours Inc. is free to use any comments, information or ideas contained in any communication you may send to us, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.
While we use our best efforts to maintain the accuracy and reliability of the Site, we do not warrant or represent that it will always function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE SITE, ITS CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NIAGARA FALLS AIR TOURS INC., ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE, ANY INFORMATION PROVIDED BY THE SITE OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify and hold Niagara Falls Air Tours Inc. and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.