Terms & ConditionsFailure to comply with any of the below may lead to an immediate kick of the IP from our services and possibly lead to a suspension of service.
1) We expect you to keep any account passwords and other secure information to yourself. Sharing of accounts is not permitted and if in breach, the connection will be terminated and account suspended.
2) MaltaRadar.com is for non-commercial (personal) use only - that means you can't use MaltaRadar.com and the audio streams here for personal gain, financial or otherwise.
3) You can't produce and distribute a dedicated desktop or mobile application designed to make the MaltaRadar.com Services directly available, without the consent of or a contract with MaltaRadar.com.
4) Since there are only limited numbers of connections available for streams you agree to consult MaltaRadar.com prior to linking directly to any of the audio streams.
5) You will not use the MaltaRadar.com web site for any aviation, commercial, operational, law enforcement, or judicial activity that relies on the availability, validity, or accuracy of MaltaRadar.com data. While it contains authentic ATC broadcasts, it is for training and entertainment purposes only. You may NOT record any audio streams in-part or in-full. Failure to comply with this will lead to an immediate ban of the IP address used.
6) You will not disguise the origin of your connection to the MaltaRadar.com web site.
7) You will not provide false or inaccurate information to the MaltaRadar.com web site.
8) You will not use the MaltaRadar.com web site for the purpose of conducting illegal activity.
9) You will not access the MaltaRadar.com web site in any way that intentionally affects or significantly negatively impacts the performance or reliability of the MaltaRadar.com web site or the MaltaRadar.com audio streaming network.
10) You will only access the MaltaRadar.com web site 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, unless you are granted permission by MaltaRadar.com to do so.
11) You acknowledge that any ideas, concepts, techniques, ("suggestions") for new or existing services submitted to MaltaRadar.com or discussed on the MaltaRadar.com ATC Discussion Forums are not confidential or proprietary. MaltaRadar.com will have an unrestricted, irrevocable, world-wide, royalty free right to use, disseminate, display, distribute, and exploit any suggestions.
12) MaltaRadar.com is only available to the Republic of Malta. Access to other countries is strictly forbidden!
We'll only send you emails if you sign up. We'll never give or sell your email address to another company. We hate spam, too. We won't share any information that identifies you as an individual with any other third party. Ever.
PLEASE READ CAREFULLY
Should you have any questions concerning this Agreement or need technical support, you may contact MaltaRadar.com support by visiting our support form .
1. AUTHORIZED USERS
Opting out may prevent you from receiving messages regarding MaltaRadar.com or special offers.
1.2 Account Confidentiality. You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. MaltaRadar.com will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless MaltaRadar.com, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
2. LICENSE TO MaltaRadar.com SERVICES
2.1 License Grante. MaltaRadar.com grants to you a limited, non-exclusive, non-transferable license to access and use the MaltaRadar.com Services for personal non-commercial purposes only. If you subscribe to any of the MaltaRadar.com Services, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a subscriber. Any violation by you of the license provisions contained in this Section 2.1 may result in the immediate termination of your right to use the MaltaRadar.com Services. MaltaRadar.com reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE MaltaRadar.com SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
2.2 Updates. MaltaRadar.com may from time to time make available to all users of the MaltaRadar.com Services, updates at no cost or subject to additional fees in MaltaRadar.com's sole discretion. "Updates" means any updates, upgrades or error corrections to the MaltaRadar.com Services that MaltaRadar.com makes available generally to users of the MaltaRadar.com Services. Notwithstanding anything else contained in this Agreement, MaltaRadar.com will have no obligation to continue producing or releasing new versions of the MaltaRadar.com Services or any updates thereto.
You agree that you will not:
3.1 use the MaltaRadar.com Services to reproduce copyrighted materials;
3.2 copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks streamed through the MaltaRadar.com Services without giving credit to MaltaRadar.com as the source of the original material;
3.3 make the MaltaRadar.com Services available over a network (other than MaltaRadar.com's network) where it could be used by others;
3.4 make the MaltaRadar.com Services directly available via any other dedicated desktop or mobile commercial application, for profit or not;
3.5 access the MaltaRadar.com web site in any way that intentionally affects or significantly negatively impacts the performance or reliability of the MaltaRadar.com web site or the MaltaRadar.com audio streaming network;
3.6 provide your password to any other person;
3.7 translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the MaltaRadar.com Services or any portion of them;
3.8 circumvent any technology used by MaltaRadar.com or its licensors to protect content accessible via the MaltaRadar.com Services;
3.9 use the MaltaRadar.com web site for any aviation, commercial, operational, law enforcement, or judicial activity that relies on the availability, validity, or accuracy of MaltaRadar.com data. While it contains authentic ATC broadcasts, it is for training and entertainment purposes only;
3.10 disguise the origin of your connection to the MaltaRadar.com web site;
3.11 provide false or inaccurate information to the MaltaRadar.com web site;
3.12 use the MaltaRadar.com web site for the purpose of conducting illegal activity;
3.13 access the MaltaRadar.com web site with other than an interactive web browser (or other authorized software agents, which include general purpose media players) or with any program, collection agent, or "robot" for the purpose of automated retrieval of content, unless you are granted permission by MaltaRadar.com to do so.
3.14 rent, lease or sublicense any of the MaltaRadar.com Services;
3.15 link directly to any of the audio streams without consulting with MaltaRadar.com. When you do link you agree to give credit to MaltaRadar.com with a prominent link to www.MaltaRadar.com; or
3.16 use the MaltaRadar.com Services in any way that violates the terms of this Agreement.
As between you and MaltaRadar.com, you acknowledge that MaltaRadar.com owns or has a license to all title and copyrights in and to the MaltaRadar.com Services. All title and intellectual property rights in and to the licensed content in the MaltaRadar.com Services is the property of MaltaRadar.com and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
5. MaltaRadar.com TRADEMARKS AND THIRD-PARTY TRADEMARKS
The following are registered trademarks or trademarks of MaltaRadar.com: MaltaRadar.com as well as certain other MaltaRadar.com trademarks, service marks, graphics, and logos (collectively, the "MaltaRadar.com Trademarks") used in connection with the MaltaRadar.com Services. The MaltaRadar.com Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to MaltaRadar.com Trademarks or the trademarks of any third party.
The MaltaRadar.com Services may use technology to protect the digital information provided by MaltaRadar.com from unauthorized use. Your use of the MaltaRadar.com Services may be limited by such technology. You acknowledge that, from time to time, MaltaRadar.com may modify or discontinue using such technology. Security modifications made by MaltaRadar.com may from time to time include required updates to the MaltaRadar.com Services. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
8. AGREEMENT TO PAY
If you elect to become a subscriber to any paid services provided by MaltaRadar.com, you agree to pay all applicable fees and charges associated with your subscription. All such fees and charges (including any taxes and late fees, as applicable) will be charged on your credit card by a Third-Party Payment Gateway i.e. Paypal.com. All Subscriptions are recurring which means that unless a subscription is cancelled, it is understood that the user is willing to continue using our services, thus getting charged of the next billing period. To opt-out of our service your are requested to either send us an email on firstname.lastname@example.org, by using our contact form not less than 5 days before the next billing cycle or else by clicking the Unsubscribe button at the bottom of this page. Requests made after this period will not be honoured.
This Agreement will remain effective until terminated by you or terminated by us.
10.1 THE MaltaRadar.com SERVICES (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS AND ANY LICENSED CONTENT ARE LICENSED TO YOU "AS IS." ANY USE OF THE MaltaRadar.com SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MaltaRadar.com DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MaltaRadar.com MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE MaltaRadar.com SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MaltaRadar.com DISCLAIMS ANY LIABILITY RELATING THERETO.
10.2 MaltaRadar.com MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE MaltaRadar.com SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, MaltaRadar.com MAY MODIFY, SUSPEND, OR DISCONTINUE THE MaltaRadar.com SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER MaltaRadar.com ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE MaltaRadar.com SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
10.3 YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. MaltaRadar.com DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
10.4 YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE MaltaRadar.com SERVICES. MaltaRadar.com WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
10.5 SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE MaltaRadar.com SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT MaltaRadar.com ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
11. LIMITATION OF LIABILITY
11.1 IN NO EVENT WILL MaltaRadar.com BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF MaltaRadar.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MaltaRadar.com OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
11.2 MaltaRadar.com WILL ALSO NOT BE HELD LIABLE IN THE CASE OF FORCES EXERCISED ON THE SERVICE BEYOND OUR CONTROL SUCH AS BUT NOT LIMITED TO IN THE EVENT OF FORCE MAJEURE WHICH MEANS AN EVENT BEYOND THE CONTROL OF THE AUTHORITY AND THE OPERATOR, WHICH PREVENTS A PARTY FROM COMPLYING WITH ANY OF ITS OBLIGATIONS UNDER THIS CONTRACT, INCLUDING BUT NOT LIMITED TO:
11.2.1 ACT OF GOD (SUCH AS, BUT NOT LIMITED TO, FIRES, EXPLOSIONS, EARTHQUAKES, DROUGHT, TIDAL WAVES AND FLOODS);
11.2.2 WAR, HOSTILITIES (WHETHER WAR BE DECLARED OR NOT), INVASION, ACT OF FOREIGN ENEMIES, MOBILISATION, REQUISITION, OR EMBARGO;
11.2.3 REBELLION, REVOLUTION, INSURRECTION, OR MILITARY OR USURPED POWER, OR CIVIL WAR;
11.2.4 CONTAMINATION BY RADIO-ACTIVITY FROM ANY NUCLEAR FUEL, OR FROM ANY NUCLEAR WASTE FROM THE COMBUSTION OF NUCLEAR FUEL, RADIO-ACTIVE TOXIC EXPLOSIVE, OR OTHER HAZARDOUS PROPERTIES OF ANY EXPLOSIVE NUCLEAR ASSEMBLY OR NUCLEAR COMPONENT OF SUCH ASSEMBLY;
11.2.5 RIOT, COMMOTION, STRIKES, GO SLOWS, LOCK OUTS OR DISORDER, UNLESS SOLELY RESTRICTED TO EMPLOYEES OF THE SUPPLIER OR OF HIS SUBCONTRACTORS; OR
11.2.6 ACTS OR THREATS OF TERRORISM
11.2.7 ANY SERVICE DISRUPTION CAUSED BY THIRD-PARTIES SUCH US ELECTRICAL AND INTERNET SERVICE PROVISION.
11.3 MaltaRadar.com'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF ONE EURO (Eur1.00) OR THE TOTAL AMOUNT PAID BY YOU FOR THE APPLICABLE MaltaRadar.com SERVICES AT ISSUE.
YOU WILL INDEMNIFY AND HOLD MaltaRadar.com, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE MaltaRadar.com SERVICES
13. GENERAL INFORMATION
13.1 You will be responsible for providing the DSL, cable modem and any other hardware and software necessary to use the MaltaRadar.com Services.
13.2 MaltaRadar.com or its business partners may present advertisements or promotional materials via the MaltaRadar.com Services. Your dealings with, or participation in promotions of any third-party advertisers via the MaltaRadar.com Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that MaltaRadar.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the MaltaRadar.com Services.
13.3 The MaltaRadar.com Services may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites or services or their contents. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any content of any such third-party site or services or goods or services available through any such third-party site or service.
13.4 The MaltaRadar.com Services are owned or licensed by MaltaRadar.com and are protected by the Maltese Government copyright laws and international treaty provisions. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
13.5 The MaltaRadar.com website does not retain any recordings but only broadcasts live transmissions for educational and training purposes.
13.6 Should you have any questions concerning this Agreement or need technical support, you may contact MaltaRadar.com support by visiting our support form .
13.7 MaltaRadar.com may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on Site, as determined by MaltaRadar.com in its sole discretion. MaltaRadar.com reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Agreement.
14. Changes to the Service
You acknowledge and agree that nothing in these Terms constitutes an undertaking by us to provide the Services in its present form or under any specifications. We may, in our sole and absolute discretion, from time to time make additions to, deletions from, modifications to, or change the format and features of, the Services.
You further acknowledge that we may be obliged to alter, modify or reduce the extent of the Services due to mandatory law or decisions by competent governmental authorities. If such restriction apply to the Service in a way that may affect or impair the Paid Services, Maltaradar.com shall bear no responsibility and shall not be obliged to perform any full or partial refund of any payments made by you for any Paid Services.
15. Governing Law and disputes
Any claim relating to the Services shall be governed by the laws of Malta without regard to its conflict of law provisions.
All disputes arising out of or in connection with the present Agreement shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
The place of the arbitration shall be Malta.
Nothing in this clause will prevent the Maltaradar.com for seeking enforcement for payments due under this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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