AVOway Terms and Conditions

Welcome to AVOway. We maintain this Web site as a service to its visitors. By using this Web site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you have no right from AVOway to obtain information from or otherwise use this Web site. Failure to use this Web site in accordance with the following terms of use may subject you to severe civil and criminal penalties.

Introduction
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to this Web site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site.

Copyright
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed under "Limited Right to Use" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting by AVOway of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Limited Right to Use
The viewing, printing or downloading of any content, video, audio, graphic, form or document from the Site grants you only a revocable, nonexclusive license for use solely by you for personal, noncommercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard Internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, noncommercial use (but not for resale or redistribution).

Editing, Deleting and Modification
We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site.

Indemnification
You agree to indemnify, defend and hold AVOway and its respective directors, officers, shareholders, employees, agents, attorneys, advertisers, and publishers (collectively, "Our Affiliated Parties") harmless from and against any liability, loss, claim or expense, including reasonable attorneys' fees, related to your use of the Site or violation of this Agreement.

Charges, Billing and Account Rules
User hereby authorizes AVOway to charge User's valid and current credit or debit card in advance for all applicable fees incurred by User in connection with User's chosen Service and User's Account.
User's Service and Account will automatically renew at the end of each subscription period, unless the Services or User Account is terminated prior to the current term. If there is any annual, monthly or similar periodic subscription fees associated with the User Account, these fees will be charged as a onetime payment for all the relevant annual deal.
The User's must designate a valid and current credit or debit card at the start of each renewal period, unless User terminates the Service during the first 30 days of the Annual deal.
If User registered for the Service using an AVOway promotional code or discount, after the initial promotional period expires, User's subscription (base package and any purchased upgrades) will automatically be renewed and billing will continue at the then-current prices for the Service.
User further acknowledges that it is User's responsibility to notify AVOway of any changes to User's credit card and to update User's credit card number if User's credit card has expired otherwise User's access to the Service may be disconnected or interrupted.
All fees shall be paid in Euro. AVOway shall consider ownership of an account and its constituent site(s) to be the identity of the person providing payment; or for free trial sites, the identity of the person registered for the trial period.

AVOway reserves the right to change any fees (which includes but is not limited to, increasing prices and charging a fee for upgrades and/or a Service for which AVOway does not currently charge a fee) at any time, provided, however, that AVOway will provide User with reasonable notice prior to making any fee changes. In addition, AVOway will also give User reasonable notice before any modification to the Service that could adversely impact User's Site(s). If User finds any change to the Service to be unacceptable, User is free to cancel any part of the Service or User's Account at any time, but AVOway will not refund any remaining portion of User's pre-paid fees when User cancels any part of the Service or User's Account and User may be charged a cancellation fee.
User agrees to pay User's Account balance on time. User also agrees to pay any taxes, including sales or use taxes, resulting from User's use of the Service. User is responsible and liable for any fees, including attorney and collection fees, that AVOway may incur in its efforts to collect any remaining balances due from User. This Section shall in no way limit any other remedies available to AVOway. User also acknowledges and agrees that User will be billed for and will pay any outstanding balances if User cancels User's Account or User's Account is terminated due to User's breach of this agreement. User must notify AVOway of any billing problems or discrepancies within thirty (30) days after they first appear on User's credit card account statement. If User does not notify AVOway within thirty (30) days, User waives any right to dispute such problems or discrepancies.

If User wishes to have a Free Account or to open a Paid Account – all of his data will be automatically removed from his free account and transferred to the new paid account so the User can continue using AVOway.
AVOway may show advertisements on any portion of the Services which it provides to Users Free of charge. AVOway keep the right to send Free Members Account Newsletters and Special Promotions at any giving time, after all you are getting it for free

Nontransferable
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is personal and not transferable.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
THE COMPUTER PROGRAMS, INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AVOWAY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (B) THAT ANY COMPUTER PROGRAMS OR INFORMATION AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COMPUTER PROGRAMS OR INFORMATION, OR AGAINST INFRINGEMENT. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, OR THE SITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE SITE, AND THE SITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Links to Other Web Sites
The Site may now, or hereafter from time to time, contain links to third-party Web sites. We do not control, investigate, monitor or check such Web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such Web sites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any third-party Web site, you do so at your own risk.

Forward-Looking Statements
The Site may now, or hereafter from time to time, contain certain statements or information with respect to (i) the projection of revenues, income, earnings per share, capital expenditures, dividends, capital structure, or other financial items relating to us; (ii) our plans, objectives and/or projections for future operations, including those relating to our products or services; (iii) our future economic performance; and (iv) other projections, estimates or forward-looking statements relating to us. Such forward-looking statements are based upon, or will be based upon, our judgment with respect to future events and are subject to a number of uncertainties and risks that could cause actual results or circumstances to differ materially from those expressed in the forward-looking statements.

Information and Press Releases
The Site may contain interviews, discussions, press releases and other information (collectively, "Information") about us, our business and our services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Site. While all Information prepared by AVOway was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than AVOway that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information, including by employees and agents of AVOway, are solely those of the author(s) and do not necessarily reflect those of AVOway.

Visitors' Communications
except where expressly provided otherwise by us, all comments, feedback, information, or materials that you submit through or in association with the Site shall be considered non-confidential. By submitting such comments, feedback, information, or materials to us:

i. You represent and warrant that AVOway's use of your submission does not and will not breach any agreement, violate any law, or infringe any third party's rights;

ii. You represent and warrant that you have all rights to enter into this agreement;

iii. AVOway is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and.

iv. You grant AVOway all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by AVOway to anyone whatsoever.
We do not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials.

AVOway expressly prohibits the scraping of email addresses from any AVOway Web site (including all areas of this Site - member and non-member) and expressly opts out of receiving commercial electronic mail messages to AVOway domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software.

Miscellaneous
The Site may be accessed from different locations around the world and may contain references to AVOway services, and programs that have not been announced where you are located. These references do not imply that AVOway intends to announce such products, services or programs where you are located. This Agreement shall be treated as though it were executed and performed in and shall be governed by and construed in accordance with the laws of the Cyprus (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or information, documents and other materials contained therein) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth under "WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY" above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against you or us. You expressly submit to the exclusive personal jurisdiction and venue of the Court of respect to all matters relating to this Agreement or your use of the Site, and consent to extra-territorial service of process in connection therewith. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Definitions

1. By "AVOway" we mean the features and services we make available, including through (a) our website at www.AVOway.com and any other AVOway branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our Platform; and (c) other media, devices or networks now existing or later developed.
2. By "us," "we" and "our" we mean AVOway, Inc. and/or its affiliates.
3. By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services to retrieve data from AVOway and provide data to us relating to AVOway users.
4. By "content" we mean the content and information you post on AVOway, including information about you and the actions you take.
5. By "post" we mean post on AVOway or otherwise make available to us.
6. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

Other

1. This Agreement makes up the entire agreement between the parties regarding AVOway, and supersedes any prior agreements.
2. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Agreement, it will not be considered a waiver.
4. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
5. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6. All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7. Nothing in this Agreement shall prevent us from complying with the law.
8. This Agreement does not confer any third party beneficiary rights.