"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, or in any way uses the Site. "We," "us," and "our" refer to Arabian Airlines.
CHANGES TO THE TERMS OF SERVICE
We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email OR by posting a notice on the Site prior to the effective date of the changes. You should revisit these Terms on a regular basis as revised versions will be binding on you. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
USING THE SITE
To access or use the Site, you must be 16 years or older and have the requisite power and authority to enter into these Terms. If you are under 16 years of age, your parent/guardian must consent to your access or use of the Site. You will find the required consent for here. You may not access or use the Site if we have previously banned you from the Site or closed your account.
Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk.
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
You agree not to, and will not assist, encourage, or enable others to use the Site to:
(1) Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
(2) Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
(3) Solicit personal information from minors, or submit or transmit pornography; or
(4) Violate any applicable law.
(5) You also agree not to, and will not assist, encourage, or enable others to:
(6) Violate the Terms;
(7) Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the arabian.aero or any of its websites and domains;
(8) Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site or any Site Content;
(9) Reverse engineer any portion of the Site;
(10) Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
(11) Record, process, or mine information about other users;
(12) Access, retrieve or index any portion of the Site for purposes of constructing or populating a searchable database;
(13) Reformat or frame any portion of the Site;
(14) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Arabian Airlines’ technology infrastructure or otherwise make excessive traffic demands of the Site;
(15) Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
(16) Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
(17) Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
(18) Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or
(19) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
(20) The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days' prior written notice to us, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures. Such additional language is incorporated herein by reference.
You agree to indemnify, defend, and hold Arabian Airlines, its parents, subsidiaries, affiliates, any related companies and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Arabian Entities") harmless, including, but not limited to, costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to and/or use of the Site, (ii) your violation of the Terms, or (iv) the infringement by you, or any third party using your account, of right, including intellectual property rights, of any person or entity. Arabian.aero reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Arabian.aero. Arabian Airlines will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS THE LIABILITY OF THE ARABIAN AIRLINES ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW APPLIES ONLY UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE IF YOU ARE UNSURE OF ANY SECTION OF THESE TERMS. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE ARABIAN.AERO ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE ARABIAN.AERO ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.
THE ARABIAN ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY. ACCORDINGLY, THE ARABIAN ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS
THE ARABIAN ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE ARABIAN.AERO ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
THE ARABIAN ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE ARABIAN.AERO ENTITIES IN CONNECTION WITH THE SITE IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) FIFTY US DOLLARS ($50).
THE ARABIAN ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
CHOICE OF LAW AND VENUE
These Terms are to be construed in accordance with and governed by the laws of the State of California, irrespective of the conflict of law provisions.
In the event of any dispute concerning these Terms, suit may be brought in a federal or state court of competent jurisdiction in San mAteo County, State of California, U.S.A. You hereby agree that such courts shall have exclusive personal jurisdiction and venue with respect to you and you hereby submit to the exclusive jurisdiction and venue of such courts.
You may terminate the Terms at any time by discontinuing your use of the Site, and providing Arabian Airlines with a notice of termination.
We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
In the event of any termination of these Terms, whether by you or us, Sections 1, 4, 6, 7 - 11 will continue in full force and effect, including our right to use Your Content as detailed in Section 4.
We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
Except as otherwise stated in Section 7 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
The Terms set forth the entire agreement and understanding between You and Us in respect to the use of the Site, and supersedes all prior agreement, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by us or anyone else. The parties acknowledge that no reliance is placed on any representation or claim made but not expressly contained in these Terms.
Failure to exercise any right or remedy provided in these Terms shall not be construed as a waiver of any future exercise of that right or exercise of any other right or remedy untitled under these Terms. No term or provision of these Terms shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the parties.
If any provision or provisions of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, the remaining provisions not so declared shall nevertheless be construed in a manner as to effectuate the intent of these Terms as a whole, notwithstanding such stricken provision or provisions.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Arabian Airlines’ prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
The section headings contained in these Terms are for convenient reference only, and shall not in any way affect the meaning or interpretation of this Agreement.