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By accessing and using this Site,
including, without limitation, browsing this Site, using any information, using
any content, using any services, downloading any materials, and/or placing an
order for products or services, you agree to and are bound by the terms,
conditions, policies and notices described in this document ("Terms of
between Helifreak and you. If you are using this Site on behalf of a third
that third person's behalf. If you do
this Site in any manner.
1.1 Modification. Helifreak
use of this Site after such postings shall be deemed an acceptance to be bound
posted herein by Helifreak, Helifreak retains the exclusive right to modify,
change, suspend or discontinue any and all aspects of this web site, including
but not limited to its feature and content. Helifreak retains the exclusive
right to limit and/or restrict access to this Site without prior notice and
without incurring any liability.
1.2 Emails. Helifreak
reserves the right to send electronic mail to you for the purpose of informing
you of changes or additions to this Site and services offered through this
2. FORUMS, DISCUSSIONS AND USER
Responsibility, Conduct and Content Restrictions. Helifreak maintains
this Site and its contents as an informative, education and entertainment to
you. This Site contains viewable forums, chat rooms, etc. By using this Site,
you acknowledge and agree to NOT post, disseminate or transmit any content
that: (1) is unlawful, harassing, defamatory, abusive, threatening, obscene,
harmful, tortious, libelous, or invasive of another's privacy; and (2)
infringes or violates any party's author's right, trademark, trade secret,
patent or other proprietary right, including but not limited to using third
party materials protected by author's right law without appropriate permission,
using third party trademarks without appropriate permission or attribution, and
using or distributing third party information whether or not protected as a
trade secret in violation of a duty of confidentiality. You acknowledge and
agree you are solely responsible for the content of your messages and resulted
harms arising from said content. You acknowledge and agree to bear all risks
relating to the use by you of this Site. Helifreak has no obligation to monitor
this Site or the Forums contained therein. Helifreak reserves the right to
review materials posted by you to the Forums and to remove and/or edit any
posts and/or materials in its sole discretion. Helifreak reserves the right in
its sole discretion to terminate your access to any or all of the Forums and
this Site at any time, without notice, for any reason whatsoever.
By using this Site, you acknowledge and
agree Helifreak has no responsibility in the storage and/or maintain the
information and material submitted by you in any way or manner. By using this
Site, you acknowledge, agree and consent to the disclosure of any information
as required by any court of law or by any public agency as required under
applicable laws, statutes, rules and regulations.
Correspondence. By accessing and posting on this Site, you warrant and
represent that you own or otherwise control or have prior permission to the use
of the information posted by you therein. By posting on this Site, you hereby
agree to grant to Helifreak the right to the use of the information, developed
and/or to be developed, now or in the future, without any return compensation
to you or to any third party copyright holder.
2.3 Graphics and
Images. By accessing and posting of graphics and images on this Site,
you warrant and represent that: (1) you are the copyright holder and/or owner
of said graphics or images; and/or (2) you have the permission of the copyright
holder and/or owner to the use of said graphics or images. You further acknowledge
and grant to Helifreak the right to the use of the graphics or images, now and
in the future, without any return compensation to you or to any third party
copyright holder. You further acknowledge and waive any and all claims against
Helifreak for the failure of Helifreak in giving credit or acknowledge to you
or to any third party copyright holder by Helifreak, now or in the future. (3) The use of animated graphics by our advertisers or animated signatures by our members is not allowed on HeliFreak.com. Signature images are limited to 300x100 pixel size and overly large signatures will be removed to speed loading of the site. Externally linked signature images will be removed if they impact site loading performance.
2.4 User Software. You
acknowledge and agree to not use any software which may cause harm to this Site
and further agree to indemnify Helifreak for damages incurred by your use of
2.5 Advertisements. You
acknowledge and agree to not advertise any goods, websites or services on
this Site without the prior express written consent of Helifreak. No spam/advertising is allowed or tolerated.
Classify. This Site allows the sell of new and used RC equipment. Seller
and buyer acknowledge and agree that Helifreak's sole involvement is to provide
a venue for the transaction. Seller and buyer acknowledge and agree that
Helifreak has no control over the quality, safety or legality of the items
posted for sales, the truth or accuracy of the listings, the ability of sellers
to sell items and to deliver items or the ability of buyers to buy items or the
ability of the seller and buyer to complete the transaction. In the event that
seller and buyer dispute with each other or with a third party over the
transaction, seller, buyer and third party agree to release Helifreak, its owners,
officers, employees, moderators, and agents from all claims, demands and
damages, known and unknown relating to said transaction.
If a transaction involves a California
resident, seller and buyer further agree to waive any and all rights afforded
by California Civil Code S1542, which states: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
3. ACCESS AND AVAILABILITY OF SERVICE
3.1 Links to
Advertisers and Sponsors. This Site contains links to other websites,
including, but not limited to advertisers and/or sponsors. You acknowledge and
agree Helifreak has no control over any assurance, warranty or guarantee from
these advertisers and/or sponsors.
3.2. Links to Other
Websites. This Site also contains links to other websites or resources
sponsored by third parties as a convenience to you. You acknowledge and agree
Helifreak is not responsible for the availability of such external sites and
linking to such sites does not constitute an endorsement by or association by
Helifreak of such sites, the content, products, services, advertising or other
materials presented contained therein. Helifreak does not author, edit, or
therefore Helifreak shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any content, advertising, products, goods or services
available on such external sites or resources.
Note: Anyone linking to Helifreak's
website must comply with the Link Guidelines for linking to the Helifreak.com
as well as all applicable laws.
4.1 Copyright and
Trademark Notices. All contents of this Site are the registered
copyright and trademark of Helifreak and of the third-party copyright holder as
authorized by the United States Copyright Laws and are intended for your
personal, educational, informative, entertainment and noncommercial use. Said
contents include, but not limited to, text, software, photographs, video, and
graphic. The arrangement, enhancement, look and feel of this Site is the copyrighted
material of Helifreak and the permission by Helifreak for you to use this Site
is not a grant of licensing right to you to the contents contained in this
Site. You are explicitly prohibited from using the contents contained in this
Site, in any manner outside of those authorized by Helifreak, including but not
limited to, copy, transfer, publish or modify the information contained herein,
without the prior written consent of Helifreak. By using this Site, you
acknowledge, agree and accept the copyright and requirements of Helifreak and
of any copyright holders or third-party content providers. However, you are
entitled to the FAIR USE of the information provided herein as authorized by
the United States Copyright Laws.
4.2 Third Party Marks. Third party
trademarks, trade names, logos, product or service names contained on this Site
may be the trademarks, registered or unregistered, of their respective owners.
Manufacturers' product and service names referenced on this Site are trademarks
and service marks of their respective companies. Further, certain content
contained within this Site is furnished by third parties and you acknowledge
and agree Helifreak will not be liable, and you are hereby releasing Helifreak,
for any delays, inaccuracies, errors or omissions in any such content, or in
the transmission or delivery of all or any part thereof, or for any damages
4.3 Notices to Copyright
Holder If you are an owner of intellectual property who believes your
intellectual property has been improperly posted or distributed via this Site,
please notify Helifreak immediately.
5. REPRESENTATIONS, WARRANTIES and
5.1 Representations. You
represent, warrant and agree that your use of this Site is for legal purpose.
You represent, warrant and agree that your use of this Site is not connect to
or relate to any illegal activity or any activity that is later determined to
be unlawful by a competent court of law.
5.2 No Warranties. Helifreak
makes no guarantee of availability of Site or any services offered through this
Site. Helifreak does not represent or endorse the accuracy or reliability of
any advice, opinion, statement, or other information displayed, uploaded, or
distributed through this Site by any visitor, information provider or any other
person or entity. You acknowledge that any reliance upon any such opinion,
advice, statement, message board post, or other such information shall be at
your sole risk.
5.3 Indemnifications You hereby agree to indemnify Helifreak, its owners, officers, employees, agents, moderators, affiliates, and its sponsors from any loss, liability, damage, expense or costs (including reasonable attorney’s fees and costs), incurred or paid by Helifreak as a result of the use of this Site by you, including but not limited to the use and/or application of the contents of this Site and instructional videos herein provided.
6. DISCLAIMER AND LIMITATION OF
By using this Site, you expressly agree that use of this Site is at your sole risk. Helifreak or Helifreak.com or this Site is provided to you on an "AS IS" and "AS AVAILABLE" basis. Helifreak does not warrant that use of Helifreak.com or this Site will be uninterrupted or error-free. Helifreak does not warrant the accuracy, integrity, or completeness of the content provided or the products or services offered for sale on Helifreak.com or this Site. Helifreak specifically disclaims all warranties, whether express or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose, to the fullest extent possible under applicable laws. Under no circumstances shall Helifreak be liable for any direct, indirect, incidental, special or consequential damages that results from your use of or inability to use this Site or Helifreak.com, including but not limited to reliance by you on any information obtained from this Site or Helifreak.com including but not limited to the use and/or application of instructional videos by you, that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing limitation of liability shall apply whether in an action arising from contract or tort. This paragraph shall apply to all contents, merchandise and services available through this Site or Helifreak.com You are hereby expressly release Helifreak, its owners, officers, employees, agents, moderators, affiliates, and sponsors from all responsibilities, including claim for damages, for lost or defective equipment and/or merchandise you purchase from third parties. Helifreak, its owners, officers, employees, agents, moderators, affiliates, and sponsors shall not be liable for the information or contents contained on this Site or on Helifreak.com, including but not limited to the use and/or application of instructional videos by you. You acknowledge and agree to release and to hold harmless Helifreak, its owners, officers, employees, agents, moderators, affiliates, and sponsors from any direct, indirect, incidental, consequential, special, exemplary or punitive damages sustained by you relating to your use of this Site or your inability to access and to use this Site
7. REGISTRATION AND SECURITY
7.1 User Membership. As part of
the member registration process, you must complete the registration process by providing
Helifreak with true, current, complete and accurate information as prompted by
the applicable registration form. You shall maintain and promptly update such
information to keep it true, current, complete and accurate.
Upon the completion of the registration
and opening of an account, you are requested to select a user name and password
for which you are entirely responsible for maintaining the confidentiality your
password and account. You shall notify Helifreak within twenty-four (24) hours
of the discovery of any unauthorized use of your account. You acknowledge and
agree Helifreak will not be liable for any loss that you may incur as a result
of someone else using your username, password or account, either with or
without your knowledge. However, you could be held liable for losses incurred
by Helifreak or another party due to someone else using your account or
password. You may not use anyone else's account at any time, without the
permission of the account holder. Failure to comply with the foregoing shall
termination of your account.
7.2 Restrictions on
Account. You shall NOT share your password or account with others. You
shall notify Helifreak within twenty-four (24) hours of the discovery of any
known or suspected unauthorized use(s) of your account, or any known or
suspected breach of security, including but not limited to loss, theft or
unauthorized disclosure of your password.
7.3 Responsibility for
Account Use and Account Termination. You are responsible
for all usage or activity on your Helifreak.com account. Helifreak, in its sole
discretion, reserved the right to terminate your account for fraudulent,
abusive or otherwise illegal and/or unlawful activity. You are prohibited from making clone accounts or multiple accounts. You acknowledge, agree
and consent to the report by Helifreak to the appropriate law enforcement
agencies of any illegal and/or unlawful activity on your part. You acknowledge
and agree Helifreak shall not be liable to you or to any third party for the
termination of your account or access by you to this Site or Helifreak.com.
8. GOVERNING LAW
8.1 APPLICABLE LAW Helifreak
controls and operates this Site from The State of North Carolina, USA. Helifreak does not represent that materials on this Site are appropriate or available
for use in other locations. Persons or entities who choose to access this Site
from other locations do so on their own initiative, and are responsible for
compliance with local laws if and to the extent local laws are applicable.
Information on this Site may include description of products and services that
may be available in the United States of America only.
8.2 GOVERNING LAW -
CHOICE OF LAW. The parties hereby agree that the Laws of the State of North
Carolina, USA, shall governs over all claims and disputes, whether in contract
the use of equipment or merchandise sold or purchased from and through this
Site. The parties acknowledge and expressly disclaim the rights afforded by the
United Nations Convention on Contracts for the International Sale of Goods.
8.3 JURISDICTION AND
VENUE. Except as provide in Section 8.4, infra, the parties hereby agree to the
personal jurisdiction of the State of North Carolina, USA. The parties hereby agree that venue for all claims and disputes, whether in contract
or tort, shall be before the State Court of North Carolina, USA. In all claims or disputes for which jurisdiction is reserved exclusively to the federal court
the parties hereby agree that such claims or disputes shall be before the Federal
District Court of NorthCarolina, United States of America.
8.4 ARBITRATION. The
parties agree that all claims or disputes, whether in contract or tort, arising
equipment or merchandise sold or purchased from and through this Site shall be
settled by way of binding arbitration in accordance the rules of the American
Arbitration Association. The parties agree that any claim or dispute shall be
arbitrated on an individual basis. The parties agree to not join-in or
consolidate said claim or dispute with any other claim, dispute and/or party.
The arbitration shall be conducted in North Carolina, USA. The parties agree that judgment on the arbitration award may be entered by any court
of competent jurisdiction in the United States of America.
8.5. STATUTE OF
LIMITATIONS. The parties agree that all claims or disputes, whether in contract
the use of any equipment or merchandise sold or purchased from and through this
Site shall be filed within six (6) months after such claim, dispute or cause of
9.1 Non-Waiver. The failure
of Helifreak to exercise or enforce any right or provision of these Terms of
Use shall not constitute a waiver of such right or provision.
9.2 Interpretation. If any
provision of these Rules is held to be unlawful, void, or for any reason unenforceable,
that provision will be deemed severable and will not affect the validity and
enforceability of the remaining provisions.
9.3 Miscellaneous. This
Agreement constitutes the entire understanding between you and Helifreak with
respect to this Site and the subject matter hereof, and supersedes all previous
agreements between the parties with respect to such subject matter, whether
only and have no legal or contractual effect. The section headings used herein
are for convenience only and shall not affect the interpretation of these Terms
Helifreak, or your dealings with this Site, please contact us at: Helifreak.com.
10 NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide the following information to our agent:
1) Identification of the material that you claim is infringing, with enough detail that we can locate it on the site;
2) A statement that you have a good faith belief that the material’s use is not authorized by the copyright owner, its agent, or the law;
3) A statement declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
4) Your address, telephone number, and email address; and
5) Your physical or electronic signature.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
PO BOX 2076
Weaverville, NC 28787