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Terms of Service (TOS)

The Gist of It

The F-4 Phantom II Society (F-4 Society) provides this website (www.f4phantom.com and www.f-4store.com) in support of a community of F-4 Phantom II enthusiasts. This includes access to discussion forums by members of their organization. Some of these forums are open to public viewing, and some allow posting by registered users who are not members of the F-4 Society. Likewise articles and features on the website may be open to commentary by registered users.  Such public access is free, but does require proper registration and agreement with this Terms of Service (TOS). As applicable this TOS also applies to use of the F-4 Societies Storefront at www.f-4store.com.

We want our members and the general public to enjoy particpation on this website.  To that end we simply ask that you be responsible for what you publish here and treat fellow users respectfully. These TOS help protect us and you.  If you observe others violating these terms please do let our staff know.  

Although the administrators and moderators of this website will attempt to keep all objectionable messages off this community it is impossible for us to review every message. All messages reflect the views of the author and is their responsibility.  What you do with such information and content is your responsiblity.   The F-4 Society will not be held responsible for the content of any message or its subsequent use.

It is very important that you take care to follow the rules below.  Please read them fully and then acknowledge at the end. By agreeing to these rules you warrant that you will not post any content that is obscene, vulgar, sexually oriented, hateful, threatening, or otherwise violative of any law. 

The F-4 Society reserves the right to remove, edit, move or close any thread for any reason. 

Your access to the forums and commentary on the website is a privilege. The F-4 Society reserves the right to withdraw such access at any time without cause or prior notice.  

We respect your privacy. For registered access we collect a minimum of information including your proper name, email address, phone number and birthdate.   Users may see your name and contact you if you allow it, but they should never actually see your email address. Likewise your phone number and birthdate are kept private. For more information please see our Privacy statement.

The F-4 Society reserves the right to update these TOS at any time without prior notice. 

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Terms of Service:   

The following terms and conditions govern all use of the F4Phantom.com and F-4Store.com websites and all content, services and products available at or through the websites, collectively refered to as the "Website". This Website is owned and operated by the F-4 Phantom II Society, Inc. (“ F-4 Society ”). This Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, The F-4 Society’s Privacy Policy, and procedures that may be published from time to time on this site by the the F-4 Society (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the F-4 Society, acceptance is expressly limited to these terms. The forums and commentary on this website is available only to individuals who are at least 13 years old.

Responsibility of Contributors

If you post comments, make entries on the Forums or Blogs, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

 - the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
 - if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
 - you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
 - the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
 - the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
 - the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

 By submitting Content to the F-4 Society  you grant the F-4 Society a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your posts. If you delete Content, the F-4 Society will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

 Content submitted may be scanned by a third party anti-spam service called Mollom. By so posting you accept that your post and other personal details about you will be analyzed and stored for anti-spam and quality monitoring purposes in accordance with Mollom's Privacy Policy.

Without limiting any of those representations or warranties, the F-4 Society has the right (though not the obligation) to, in the F-4 Society’s sole discretion 

 (i) refuse or remove any content that, in the F-4 Society’s reasonable opinion, violates any the F-4 Society policy or is in any way harmful or objectionable, or 
 (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in the F-4 Society’s sole discretion. The F-4 Society will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors. 

 The F-4 Society has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, the F-4 Society does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. It is possible that:

 - The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. 
 - The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

 The F-4 Society disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites. 

 We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. The F-4 Society does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to another  website or webpage, the F-4 Society does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The F-4 Society disclaims any responsibility for any harm resulting from your use of other websites and webpages.

Copyright Infringement and DMCA Policy. 

As the F-4 Society asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by teh Website violates your copyright, you are encouraged to notify the F-4 Society in accordance with the F-4 Society’s Digital Millennium Copyright Act (“DMCA”) Policy. The F-4 Society will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The F-4 Society will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the F-4 Society or others. In the case of such termination, the F-4 Society will have no obligation to provide a refund of any amounts previously paid to The F-4 Society.

Intellectual Property. 

This Agreement does not transfer from the F-4 Society to you any F-4 Society or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the F-4 Society. F4Phantom.com, F-4Store.com, the F-4 Phantom II Society, the F-4 Society logo, and all other trademarks, service marks, graphics and logos used in connection with F4Phantom.com, or the Website are trademarks or registered trademarks of the F-4 Society or the F-4 Society’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any the F-4 Society or third-party trademarks.

Termination. 

 The F-4 Society may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your www.F4Phantom.com registered account (if you have one), you may simply discontinue using the Website. The F-4 Society can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. 

 The Website is provided “as is”. The F-4 Society and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the F-4 Society nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.  You understand that you download from, or otherwise obtain content or services through the Website at your own discretion and risk.

Limitation of Liability. 

 In no event will the F-4 Society, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: 

  (i) any special, incidental or consequential damages;
  (ii) the cost of procurement for substitute products or services; 
  (iii) for interruption of use or loss or corruption of data; or 
  (iv) for any amounts that exceed the fees paid by you to The F-4 Society under this agreement during the twelve (12) month period prior to the cause of action.

The F-4 Society shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. 

 You represent and warrant that 
 (i) your use of the Website will be in strict accordance with the the F-4 Society Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and 
 (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. 

You agree to indemnify and hold harmless the F-4 Society, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. 

This Agreement constitutes the entire agreement between the F-4 Society and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the F-4 Society, or by the posting by the F-4 Society of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The F-4 Society may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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Finished?  Good.  We hope you now enjoy meeting your fellow F-4 Phantom Phanatics and shopping in our store.  If you have any questions on this TOS, our Privacy Statement or other policies please contact any of our Society officers listed in Contacts.  Welcome!

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