TERMS AND CONDITIONS OF USE
By downloading and using the Altitude app you agree to the following terms and conditions:
1. INTELLECTUAL PROPERTY
All magazine content belongs to original copyright holders and magazine issuers. Magazine content cannot be used in any way without express written permission from the copyright holder.
The trademarks, service marks, logos, product names and company names used and displayed on or through the Altitude app are registered and unregistered trademarks or service marks of Altitude app and its magazine publisher partners. Nothing on the Altitude app or in this Terms and Conditions Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. All goodwill generated from the use of the Trademarks inures to the benefit of Altitude app and its licensors, as applicable.
Elements of the Service are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated, in whole or in part, by any means, including but not limited to the use of framing or mirrors.
2. MAGAZINE CONTENT
Altitude App is not responsible for the content contained within partner inflight magazines that are presented via the app. Altitude app may not agree with the opinions express within the partner magazines contained with the app, and shall not be held accountable for such opinions.
Magazine publishers and airlines may not agree with the opinions express within the partner magazines contained with the app, and shall not be held accountable for such opinions.
3. OMISSIONS ERROS AND DELAYS
Altitude app, its owners, publishers, investors, shareholders and creators will not be held responsible for any delays, damages, misinformation, omissions, and/or errors contained within content provided via the app.
Magazines publishers, airlines, and advertisers and their owners, publishers, investors, shareholders and creators will not be held responsible for any delays, damages, misinformation, omissions, and/or errors contained within content provided via the app.
4. HOLD HARMLESS
You agree to hold harmless Altitude app, its owners, publishers, investors, shareholders and creators for any delays, damages, misinformation, omissions, and errors contained within content provided via the app.
You agree to hold harmless magazines publishers, airlines, and advertisers and their owners, publishers, investors, shareholders and creators for any delays, damages, misinformation, omissions, and errors contained within content provided via the app.
The Altitude app will not share you supplied name and/or email address with any third parties, unless requested by law enforcement agencies or by court order.
The Altitude app may contact you with information regarding the app, special features, magazine issue updates and special promotional offers via email, instant notification or SMS text message. You can opt out from receiving such communications at any time.
6. TERMINATION OF SERVICE
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Altitude app, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Altitude app at any time without prior notice or liability. You may terminate this Agreement by removing the ALTITUDE app from your download accepting devices. Upon any termination of this Agreement, the licenses granted above shall terminate, and you shall have no right nor ability to continue to use the Altitude app. All sections contained in this Terms and Conditions Agreement shall survive the termination of this Agreement.
7. DIGITAL MILLENIUM COPYRIGHT ACT
Altitude app and its magazine publisher partners respect the intellectual property rights of others, and we expect our users to do the same. We will review all claims of copyright infringement received and remove any content posted or distributed via the Altitude app in violation of applicable copyright laws. Please direct any notices or claims to us at:
Copyright Claims Officer
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If you believe that your work has been copied on or via the Altitude app in a way that constitutes copyright infringement, please provide us with notice in accordance with the requirements of the DMCA, including: (i) a description of the copyrighted work that has been infringed and the specific location where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
7. NO WARRANTIES: LIMIT OF LIABILITY
YOU ACKNOWLEDGE THAT ALTITUDE APP DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND ANY OTHER DATA OR INFORMATION PROVIDED THROUGH THE APP WILL BE ACCURATE OR COMPLETE.
YOU ALSO ACKNOWLEDGE THAT THE SERVICE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE THE APP TO BE UNAVAILABLE OR UNRELIABLE. CONSEQUENTLY, THE ALTITUDE APP AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE ALTITUDE APP OR THE CONTENT WILL BE ERROR-FREE OR UNINTERUPTED OR THAT THE SERVICE, ITS SERVERS, OR THE CONTENT ARE OR WILL BE SECURE OR FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN NO EVENT WILL ALTITUDE APP, ITS MAGAZINE PUBLISHING PARTNERS AND AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR (I) ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE OR ANTICIPATED SAVINGS, LOST DATA, LOST GOODWILL, OR BUSINESS INTERRUPTION ARISING OUT OF THIS AGREEMENT OR RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE ALTITUDE APP OR THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (INCLUDING TORT AND BREACH OF CONTRACT) EVEN IF FORESEEABLE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES ARISING OUT OF THIS AGREEMENT OR THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICE OR THE CONTENT, EXCEEDING, IN THE AGGREGATE, THE HIGHER OF FIFTY DOLLARS ($50) OR THE TOTAL FEES THAT YOU HAVE PAID TO US WITHIN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO ANY CLAIM FOR SUCH DAMAGES.
Copyright 2019 Altitude app. All rights reserved.