Aerospace Modeler Magazine
Terms and Conditions of Use
of aerospacemodeler.com
Rev 1 Jul 2007

Introduction

Aerospace Modeler Magazine and Rookie Aerospace, Inc. (“AMM” and “RAI”, or “us,” “we,” “their,” or “our”) provide products, services, and information to you through their website aerospacemodeler.com (“this website”), subject to the following terms and conditions (T&C) of use. If you visit or shop at aerospacemodeler.com or send e-mail to AMM or RAI, you accept these T&C. Please review also our Privacy Policy Notice, which also governs your visit to this website.

Electronic Communication

When you visit aerospacemodeler.com or send e-mails to AMM or RAI, you are communicating with us electronically, and you consent to receive communications from AMM and RAI electronically via e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyrights and Trademarks

All content included on aerospacemodeler.com (e.g., text, graphics, logos, button icons, images, downloads, data, etc.) is the property of AMM and RAI and its advertisers and content suppliers and is protected by US and international copyright laws. Compilation of all content on this website is the exclusive property of AMM and RAI and is protected by US and international copyright laws. All software used to create this website is the property of AMM and RAI or its software suppliers and is protected by US and international copyright laws.

Aerospace Modeler Magazine is a registered trademark of RAI, a privately-held Colorado S-corporation. This trademark may not be used in connection with any product or service that is not AMM’s or RAI’s; in any manner that is likely to cause confusion among or AMM’s or RAI’s advertisers, distributors, or readers; or in any manner that disparages or discredits AMM or RAI. All other trademarks not owned by AMM and AMM that appear on aerospacemodeler.com are the property of their respective owners.

Limited License for Website Access and Use

AMM and RAI grant you a limited license to access and make personal, non-commercial use of the information, content, and services included on or otherwise made available to you via this website but not to modify the website or any portion of it under any conditions. This license does not include any resale or any derivative use of its contents or any use of data mining, robots, or similar data gathering and extraction tools. Malicious or criminally reckless use or abuse of this website will be prosecuted to the fullest extent of the law.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose under any conditions. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of AMM and RAI or their advertisers under any conditions. You may not use any meta-tags or any other "hidden text" using AMM’s or RAI’s names or trademarks or those of our under any conditions.

Any unauthorized use of aerospacemodeler.com terminates the permission or license granted by AMM and RAI.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of aerospacemodeler.com so long as the link does not portray AMM or RAI or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any RAI or AMM logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use aerospacemodeler.com, you are responsible for maintaining the security and confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You are also responsible for maintaining the accuracy of the name, contact, and shipping information in your account.

AMM and RAI sell products and services only to adults who can legally purchase them with a credit card in their own name or in the name of a company. If you are a minor and unable to legally obtain a credit card in your own name, you may use aerospacemodeler.com only with permission and under supervision of a parent or guardian.

AMM and RAI reserve the right to refuse service, terminate accounts, or cancel orders at their sole discretion.

Content of Communications

You may send e-mail to AMM and RAI via aerospacemodeler.com with suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial or charitable solicitation, chain letters, mass mailings, or any form of "spam."

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of e-mail or other content.

If you submit material to AMM or RAI (e.g., suggestions, ideas, comments, questions, or other information, etc.), and unless we indicate otherwise (e.g., submitting an article or other media or data for publication for pay, etc.), you grant AMM and RAI a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You grant AMM and RAI and its sub-licensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify AMM and RAI or its contractors for all claims resulting from content you supply. AMM and RAI have the right but not the obligation to monitor and edit or remove any activity or content. AMM and RAI take no responsibility and assume no liability for any content submitted by you or any third party.

AMM and RAI Product Descriptions, Pricing and Credit Card Charging, and Shipping

AMM and RAI attempt to be as accurate as possible, but AMM and RAI do not warrant that product descriptions or other content of this website are complete, reliable, current, or error-free. Prices can only be confirmed at the time your credit card order is processed.

When you purchase a subscription to AMM, your subscription begins with the next issue number sent to the printer. All other issues are back issues. Your credit card is charged when you order a subscription, even though your first regularly subscribed issue may not be shipped for up to 120 days. Subscription copies are typically mailed directly from the printer within 5 to 10 working days of completion of printing, binding, and packaging.

Standing orders maintained on aerospacemodeler.com for bulk orders are normally shipped within 10 business days of receipt from the printer and invoiced with terms of 30 days net. You may pay by check or money order in US funds or by credit card.

Back issue purchases are charged at the time they are ordered via aerospacemodeler.com and normally shipped within 5 business days.

Other Parties or Businesses

Parties or businesses other than AMM and RAI provide services or sell products and advertise on aerospacemodeler.com. AMM and RAI may provide electronic links via aerospacemodeler.com to the websites of these other parties or businesses, but we are not responsible for examining, evaluating, or warranting the offerings of any of these parties or businesses or the content of their websites. AMM and RAI do not assume any responsibility or liability for the actions, products, services, or content of these or any other third parties or businesses. You should carefully review their privacy statements and other conditions of use.

Disclaimer of Warranties and Limitation of Liability

This website and all information, content, materials, products, software, and services included on or otherwise made available to you via aerospacemodeler.com are provided by AMM and RAI on an “as is” and “as available” basis. AMM and RAI make no representations or warranties of any kind, either express or implied, regarding the operation of this website or the information, content, materials, products, software, and services included on or otherwise available on this website.

You expressly agree that your use of this website and of any of the information, content, materials, products, software, and services included on or otherwise made available to you via this website is strictly at your sole risk.

To the full extent permissible by applicable law, AMM and RAI disclaim any and all warranties, either express or implied for the function of this website and any and all of the information, content, materials, products, software, and services included on or otherwise made available to you via this website.

AMM and RAI do not warrant that this website or the information, content, materials, products, software, and services included on or otherwise made available to you via this website or their servers or any e-mails sent from AMM or RAI or their contractors are free of viruses or other harmful components.

AMM and RAI will not be responsible or liable for any damages of any kind arising from the use of this website or any of the information, content, materials, products, software, and services included on or otherwise made available to you via this website, including but not limited to direct, indirect, punitive, or consequential damages or damages due to malicious or reckless activities of any other parties.

Copyright Policy and Complaints

AMM and RAI respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the written information specified below to AMM and RAI by certified mail.

• An original, physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A concise and complete description of the copyrighted work that you claim has been infringed upon.
• A description of where the material that you claim is infringing is located on the website or in the magazine.
• Your complete address, telephone number, and e-mail address.
• 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.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our address is:

Aerospace Modeler Magazine
12643 Pine Valley Circle
Peyton CO 80831 USA

Applicable Law and Disputes

By visiting aerospacemodeler.com, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and any dispute of any sort that might arise between you and AMM and RAI or its contractors.

Any dispute relating in any way to your visit to aerospacemodeler.com or to products you purchase through aerospacemodeler.com shall be submitted to confidential arbitration in Colorado Springs, Colorado, except that, to the extent you have in any manner violated or threatened to violate AMM's or RAI’s intellectual property rights, AMM or RAI may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Other Policies, Modification, and Severability

Please review the other policies posted on this website. These policies also govern your visit to aerospacemodeler.com. We reserve the right to make changes to this website, any of these other policies or T&Cs, and these Terms and Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.