1. SCOPE AND APPLICABILITY
i-sky GmbH with domicile at Allmeindstrasse 3, 8852 Altendorf, Switzerland (registration number CHE-114.158.530) (hereinafter referred to as "i-sky" or the "Company") owns and operates this website (https://www.gatesocial.com) (hereinafter referred to as the "Website").
The Company reserves the right to amend the Terms and Conditions at any time without prior notice. Only the current Terms and Conditions shall apply.
2. USAGE OF THE WEBSITE
The Website is aimed at providing a community for aviation and related topics (hereinafter referred to as "Aviation") for pilots for their personal information (hereinafter referred to as the "Purpose"). In that regard, the Website offers in particular the following functions (the "Functions"):
- Users may create a profile (hereinafter referred to as the "Profile")
- Users may use a messaging system for direct communication with other Users (hereinafter referred to as "Messaging")
- Users may post ads for the search for or sale of goods in a marketplace (hereinafter referred to as the "Marketplace")
The Website also features an online shop (hereinafter referred to as the "Shop"), which shall be governed by separate terms and conditions referred to in the Shop.
The Website may only be used for its Purpose. Any other usage, including (without limita-tion) any usage in breach of these Terms and Conditions or any applicable law, is strictly prohibited.
The Company has the right to alter the Website (including any materials and Functions) or to cease operating the Website at any given time, without prior notification.
The Website may be used free of charge.
The Website may be used by any interested User. Certain parts and functions of the Website are, however, restricted to Users who have registered themselves on the Website (hereinafter referred to as the "Registration").
Registration requires that the User provides certain personal information to the Company (hereinafter referred to as the "Registration Information"), such as but not limited to:
- a unique username (hereinafter referred to as the "Username" for the "Acccount");
- a password (hereinafter referred to as the "Password");
- e-mail address;
- full name;
- date of birth;
- street address;
- phone number(s);
- description of his expertise in connection with Aviation (e.g. certification as a flight trainer), if any (the "Expertise").
The Registration Information may be amended by the User after successful Registration through the Website.
By entering the Registration Information, the User represents and warrants that any Registration Information provided at any time, in particular (without limitation) with respect to the User's Expertise, is true, correct and not misleading. The User shall promptly correct any Registration Information that becomes inaccurate. The Company does not review any Registration Information.
The User agrees to keep the Password confidential and not to provide the Password to any third parties.
The Company reserves the right to refuse Registration and to delete any Account at any time at its own discretion – in particular in case of breach of these Terms and Conditions – without prior notice and without providing any reason.
The User may delete his Account at any time. The Company reserves its right to maintain and to continue to use the Content in accordance with these Terms and Conditions.
The User may post and upload information and other content to the Website and thereby provide such information and other content to other registered Users, e.g. through the Registration (including the Registration Information) and the Website's Functions (all such information, with the exception of the Password hereinafter referred to as "Content").
Content posted on the Profile and the Marketplace will become available to all other regis-tered Users, or, if applicable, the public ("Public Content"). Other Content, in particular Content provided through Messaging, will become available to, at least, certain other registered Users.
The User may only post or upload Content in accordance with the Purpose. Any other Content may not be posted or uploaded, in particular:
- Content that is illegal, immoral, offensive, pejorative, pornographic or relates to reli-gion;
- Content that contains advertisements (unless posted on and subject to the terms of the Marketplace), spam and contests;
- Content that infringes any kind of confidentiality obligation, be it based on law or on an agreement between the User and a third party (including in particular employment agreements);
- Content that infringes any other third party rights.
When posting or uploading Content, the User:
- represents and warrants that such Content is free and clear of any third party rights, and that posting or uploading such Content does not and will not breach any third party rights or any obligations that the User has vis-à-vis any third parties; and
- grants the Company an irrevocable, worldwide, unlimited and free license to use such Content as necessary or useful for the Purpose (in particular the publication of the Content in accordance with the Purpose), including any use directly linked to such use.
This Website is not moderated. That being said, the Company reserves the right to remove any Content at its own discretion at any time without providing any reason.
The Company reserves its right to maintain and to continue to use the Content in accordance with these Terms and Conditions even after the Account of the User has been deleted.
The Website includes a Marketplace in which registered Users may publicize classified advertisements (hereinafter referred to as the "Classified Ads") free of charge.
In addition to the representations and warranties applicable to Content in general, the User represents and warrants that the content of the Classified Ads is true and correct in all material aspects and not misleading.
The placement of Classified Ads in the Marketplace do not signify any endorsement by the Company. The Company has no responsibility for the content of the Classified Ads and does not make any representations or warranties whatsoever with respect to such Classified Ads. In particular, the Company does not act as a representative of the registered User responsible for such Classified Ad.
Contracts concerning the content of the Classified Ad, if any, are concluded between the responsible registered User and the third party without any involvement of the Company. Therefore, the Company does not become a party to such contract, if any and is not involved in the negotiation or conclusion of any such contract.
The Website may include links to other websites. The placement of such links on the Website do not signify any endorsement of such third party websites by the Company. The Company has no responsibility for the content of the linked websites and does not make any representations or warranties whatsoever with respect to such linked websites.
2.6. Procedure concerning the notification of prohibited Content
After receipt of such notification, the Company will review the notification and, where necessary or useful, delete the Content in question.
3. INTELLECTUAL PROPERTY RIGHTS
The Website contains material, which is owned by or licensed to the Company (including in particular the design, layout, look, appearance and graphics) (the "Intellectual Property Rights").
Any redistribution or reproduction of part or all of the Website in any form is prohibited except where permitted by applicable law.
Any Intellectual Property Rights shall remain the sole property of the Company or the re-spective third party (if any).
4. NO REPRESENTATION AND NO WARRANTY BY AND EXCLUSION OF LIABILITY OF THE COMPANY
THE COMPANY DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY
- AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED BY IT (OR BY OR TO THE USERS, IN PARTICULAR WITH RESPECT TO THE CONTENT, THE CLASSIFIED ADS AND THE EXPERTISE OF THE USERS) ON THE WEBSITE FOR ANY PARTICULAR PURPOSE;
- REGARDING THE AVAILABILITY AND FUNCTIONALITY OF THE WEBSITE.
THE COMPANY EXCLUDES ITS LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW FOR ANY LOSS OR DAMAGE, IRRESPECTIVE OF THE LEGAL REASON FOR SUCH LIABILITY (IN-CLUDING WITHOUT LIMITATION TORT AND CONTRACTUAL LIABILITY), INCLUDING (WITHOUT LIMITATION) INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF OR INABILITY TO USE THE WEBSITE.
5. DATA PROTECTION
The address of the Company for any inquiries regarding the Website are as follows:
i-sky GmbH, Allmeindstrasse 3, 8852 Altendorf, Switzerland
If any provision of these Terms and Conditions are for any reason held to be invalid, illegal or unenforceable, the remaining provisions of these Terms and Conditions shall be unimpaired, and the invalid, illegal or unenforceable provision shall be replaced by the valid, legal and enforceable provision closest to the intention and purpose underlying the original provision.
7.2. Applicable law and jurisdiction
These Terms and Conditions shall be exclusively governed by substantial Swiss law under the exclusion of its conflict of laws rules.
Any dispute, controversy or claim arising out of, or in relation to, these Terms and Conditions and/or the use of the Website by the User shall be resolved exclusively by the courts of the city of Zurich, Switzerland.