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Terms of use

The "airbusworld.helicopters.airbus.com" site accessible at
https://airbusworld.helicopters.airbus.com is published by Airbus Helicopters, a
French company with a share capital of 581 614 047 Euros registered in R.C.S of
Aix-en-Provence under n°352 383 715 whose registered Office is located Aéroport
International Marseille-Provence – 13725 Marignane Cedex - France ("Airbus" or
"we" or "us").

 

The Director of Publication is Yves Barillé.

 

The hosting provider of the Site is IPPON Hosting whose registered office is
located 43-47 Avenue de la Grande Armée 75116 PARIS, FRANCE, telephone number:
+33 1 46 12 48 48

 

To contact us, please send an e-mail at the following address:
legal-information.helicopters@airbus.com

 

These Terms of Use (“Terms of Use”) define the legal framework governing access
to and use of the Site. Access to and use of the Site are subject to your
acceptance of these Terms of Use, as they may be amended from time to time by
Airbus. In this regard, by accessing or using, the Site,  you agree to be bound
automatically by these Terms of Use as well their amendments in force at the
time of your access to the Site, and you agree that such acceptance shall have
the same legal value as a written express acceptance. If you do not accept these
Terms of Use, please do not (and you are not permitted to) access or use the
Site. Please read carefully these Terms of Use, as well as our Privacy Policy
airbusworld.helicopters.airbus.com/privacy-policy, before using the Site. You
should read there Terms of Use every time you use the Site.

 

These Terms of Use do not alter nor modify any other agreement you might have
with any company of Airbus any of its Affiliate. “Affiliate” means any entity
directly or indirectly controlled by Airbus Group S.E., a European public
limited-liability company (Societas Europaea) registered in the Netherlands
under the number 24 28 89 45, having its registered office in Mendelweg 30, 2333
CS Leiden, Netherlands.

 

1. Use of the Site

Subject to your full and perfect compliance with these Terms of Use, we grant
you a personal, non-exclusive, non-transferable, free of charge and revocable
right of access and use of the Site. Any other rights are expressly excluded
except otherwise provided in a specific written agreement.  

Therefore, you shall not, and shall not authorize a third party to, without
limitation, (i) modify, reproduce, represent, adapt and/or translate all or any
part of the Site and/or related content; (ii) extract, all or any part of the
Site and/or its content, or create any derivative work from all or part of the
Site and/or its content; (iii) reverse engineer, decompile, disassemble or
transform, in any way the object code of the Site into source code; (iv)
distribute, sublicense, assign, share, sell, rent, lease or loan in any way the
Site or the right to use the Site; (v) delete or modify any droit d'auteur,
copyright, trademark or any other proprietary rights relating to the Site which
we or our licensors own; or (v) use the Site for purposes other than those
expressly authorized by these Terms of Use.

In addition, it is strictly prohibited to (i) extract, by permanent or temporary
transfer, or re-use all or part of the content of our Site to another medium, by
any means and in any form; (ii) bypass or circumvent any measures employed to
prevent or limit access to our Site; (iii) link to any portion of our Sitefor
any purpose; and (v) use any device, software or routine that interferes or
attempts to interfere with the normal operation of our Site or take any action
that imposes an unreasonable load on our equipment.

We try to make the Site accessible at all time, but we cannot warrant that the
service will be continuous or without defect.     

We reserve the right to modify all or part of the Site, at any time, including,
without limitation, the right to delete, modify and/or vary any elements,
features and functions of the Site.

You recognize that you will be able to use the Site only if your device has an
Internet connection. Traffic or access fees charged to you due to the use of the
Site are subject to the general terms concluded with you Internet service
provider or mobile network operator. You understand the risks associated with
the use of Internet, including, without any limitation, unavailability of the
Site, non-confidentiality or loss of integrity of the data transmitted,
potential virus attacks, etc. 

Without prejudice to our rights and remedies, we reserve the right to suspend
temporarily or permanently your access to the Site, at any time, without notice
in the event you violate any provision herein.

In the event we consider that your use of the Site is unlawful and/or
unauthorized, and/or violates these Terms of Use, we reserve the right to
undertake any procedure we deem necessary, including to terminate these Terms of
Use and to take any legal action.

 

2. Term and Termination

As long as you use the Site, these Terms of Use shall be applicable between you
and us.

We can terminate these Terms of Use at any time and prevent you from accessing
the Site.

In case of termination of these Terms of Use, for any reason whatsoever, the
rights granted to you hereunder shall be terminated and you will no longer be
authorized to use the Site.  

 

3. Airbus Proprietary Rights

© Airbus SAS 2017 • All right reserved.

The Site, its content, including, without limitation, their distinctive names,
designations, logos and product and service marketing and all, trademarks, trade
names, drawings, pictures, copyrights, droits d’auteur,  patented information
and databases and any other intellectual property rights in and to the Site are
the property of Airbus or its licensors. AIRBUS, Airbus’ logos and product and
service designations are protected trademarks of Airbus. Access to and use of
the Site shall not be construed as assigning nor granting any license in respect
of any kind of these proprietary rights. We reserve any rights related to the
Site that are not expressly granted to users hereunder. 

 

4. User / Third Party Content

The Site may contain third party created content and/or user-generated content
(“UGC”), including, without any limitation, comments, reviews, picture,
feedback, video, voice, pseudonym and any other information. We are not
responsible for and do not necessarily hold the opinions expressed by our
content contributors: opinions and other statements expressed by users and third
parties are theirs alone, not opinions of Airbus. You are solely responsible for
your UGC and may be held liable for UGC that you post.

Content created by third parties is the sole responsibility of the third parties
and its accuracy and completeness are not endorsed or guaranteed. You
acknowledge that by providing you with the ability to view and distribute
content through our Site, we are not accepting any obligation or liability
relating to the content.

Airbus, the Affiliates and their respective affiliates, successors, assignees,
employees, agents, directors, officers and shareholders do not undertake or
assume any duty to monitor our Site for appropriate or unlawful content. Airbus,
the Affiliates and their respective affiliates, successors, assigns, employees,
agents, directors, officers and shareholders assume no responsibility or
liability which may arise from the content thereof including, but not limited
to, claims for defamation, libel, slander, infringement, invasion of privacy and
publicity rights, obscenity, pornography, profanity, fraud, or
misrepresentation. Notwithstanding the foregoing, we reserve the right to block
or remove communications, postings or materials at any time.

Users are expected to only post lawful material that does not violate, restrict
or inhibit any rights. In connection with each of your submissions, you affirm,
represent, and warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize Airbus to use all trademark,
trade secret, copyright, droit d’auteur, and other applicable proprietary rights
in and to any and all such submissions to enable inclusion and use of such
submissions in the manner contemplated by us and these Terms of Use; and (ii)
you have the written consent, release, and permission of each and every
identifiable individual person in such submissions to use the name or likeness
of each and every such identifiable individual person to enable inclusion and
use of such submissions in the manner contemplated by us and these Terms of Use.

In furtherance of the foregoing, you agree that you will not: (i) submit
material that is copyrighted, protected by droit d’auteur, protected by trade
secret or otherwise subject to any third party proprietary rights, including,
without any limitation, intellectual property rights, privacy and publicity
rights, unless you are the owner of such rights or have permission from their
rightful owner to post the material and to grant us all of the rights granted
herein; (ii) publish falsehoods or misrepresentations that could damage us or
any third party; (iii) submit material that is unlawful, immoral, obscene,
defamatory, libelous, threatening, pornographic, pedophile, revisionist (denying
existence of the Holocaust), harassing, hateful, racially or ethnically
offensive, constitutes a violation of any rights, an intellectual property
infringement, an invasion of privacy or publicity rights, is contrary to the
rights of image or honour, abusive, or encourages political, racist or
xenophobic violence, gives rise to civil liability, violates any law, or is
otherwise appropriate; or (iv) post advertisements or solicitations of business.
If you submit written or multimedia content, Airbus will not publish it
elsewhere, except in the conditions set forth in the Terms of Use, without your
consent. However, you should be aware that other users may be able to copy or
download any content published on the Site.

By posting or submitting UGC on or to our Site, you (1) consent and authorize
Airbus, the Affiliates, and their respective affiliates, successors, assignees
and authorized third parties to use, royalty-free, worldwide and for ten (10)
years from the date the user posted or submitted the UGC on or to our Site, and
a one-off basis for promotional purposes relative to Airbus’ historical heritage
thereafter, on any media and by any means, now known or unknown, including,
without any limitation, on our Site, your image, voice, first and last name and
other elements of your personality, in all or in part, that are embedded in any
UGC you post or submit on or to our Site, for all purposes whatsoever, and (2)
grant Airbus, the Affiliates and their respective affiliates, successors,
assignees and authorized third parties, for the duration of legal protection of
intellectual property rights under applicable law, the transferable,
irrevocable, worldwide, royalty-free right to exploit, reproduce and represent
the UGC, including, without any limitation: (i) to copy such content, by all
means known or unknown (such as, but not limited to, paper, electronic,
magnetic, optical or digital, etc.); (ii) to display or publish such content on
our Site and in all affiliated publications of Airbus, and by any means of
diffusion or broadcasting known or unknown, and to store such content; (iii) to
distribute such content and use such content for promotional and marketing
purposes, including without any limitation, for internal and/or external
institutional communication purposes, as well as for the promotion of Airbus’
activities around the world, including for the needs of events organised by or
on behalf of Airbus; (iv) to adapt such content and make all modifications
considered necessary by Airbus (notably, without limitation, the right to
arrange, modify, correct, upgrade, ad, crop and/or integrate all or part of the
Content in other works); and (v) to translate the UGC in any language.

 

5. Liability

Unauthorized use of this Site may give rise to a claim for damages and/or be a
criminal offence.

You expressly agree that your use of the Site is at your sole risk. Airbus, its
officers, employees, contractors or content providers shall not be liable for
any loss or damage arising from or otherwise in connection with your use of this
Site or any information, services or content on this Site.

You will be responsible for any loss we suffer as a result of your violation of
these Terms of Use or any instructions given by Airbus, including information
given during the installation process of the Site or instructions related to all
security requirement communicated by Airbus to you. You agree to indemnify and
hold harmless Airbus and the Affiliates, and their respective affiliates,
successors, assigns, employees, agents, directors, officers and shareholders,
managers, licensors and insurers, from and against all losses, expenses, damages
and costs, including reasonable attorneys’ fees, resulting from any violation by
you of these Terms of Use or any breach by you of your representations and
warranties hereunder.

To the extent permitted by applicable laws, the Site and its content are made
accessible on an “as is” and “as available” basis. Airbus gives no warranty nor
represents, without limitation, that (i) the Site and its supporting elements
will meet your requirements, (ii) the same will be uninterrupted, timely, or
default and error free, (iii) the result that may be displayed through the Site
will be accurate, up to date or reliable, (iv) the quality of any data,
information or other material obtained will meet your expectations and that such
data, information and other material will be default and error free, or that any
errors will be corrected. We reserve the right to correct any errors or
omissions on our Site. Although we intend to take reasonable steps to prevent
the introduction of viruses, worms, “trojan horses” or other destructive
materials to our Site, we do not guarantee or warrant that our Site or materials
that may be downloaded from our Site do not contain such destructive features.
We are not liable for any damages or harm attributable to such features. If you
rely on our Site and any materials available through our Site, you do so solely
at your own risks. You shall be responsible for backing up your own system,
including any content downloaded through the Site.

Our Site may contain various combinations of text, images, audiovisual
productions, opinions, statements, facts, articles or other information created
by us or by third-parties. Due to the number of sources from which content on
our Site is obtained, and the inherent hazards of electronic distribution, there
may be delays, omissions or inaccuracies in such content. Accordingly, such
content is for your reference only and should not be relied upon by you for any
purpose. Information created by third parties that you may access on our Site or
through links is not adopted or endorsed by us and remains the responsibility of
such third parties.

We reserve the right at any time and from time to time to modify or discontinue,
temporarily or permanently, our Site (or any part thereof) with or without
notice. You agree that Airbus shall not be liable to you or any third party for
any such modification, suspension or discontinuance of our Site. In addition, in
the event you breach these Terms of Use or engage in any activity that is
harmful to us or our users, we reserve the right to terminate your access to our
Site or take any other actions that we believe to be in our interest and of our
users as a whole.

 

6. Links to Third-Party Websites

The Site may contain hyperlinks to websites operated by parties other than
Airbus. Such hyperlinks are provided for your reference only. We are not
responsible for (i) the availability or the content of other services that may
be linked to our Site, or (ii) the privacy or other practices of such websites. 

Because we have no control over such services, you acknowledge and agree that we
are not responsible for the availability of such external services, and that we
do not endorse or approve and are not responsible or liable for any content,
accuracy, quality, advertising, products, services or other materials on or
available from such services. You further acknowledge and agree that we shall
not be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or reliance
on any content, goods or services available on or through such service.

We are not responsible for hypertext links from any and all third party web
sites to the Site and forbid anybody to establish such a link without Airbus
prior written authorization.

 

7. Data Protection and Privacy

When you access and use the Site, we may collect, use and process, to the extent
permitted by law, your personal data provided by you (such as your name, your
date of birth, your email address, your travel information, etc.) or generated
as a result of your access and use of the Site. For more details on how your
personal data is used, please consult our Privacy Policy available here
airbusworld.helicopters.airbus.com/privacy-policy. By using the Site, you
consent to the collection and processing of your personal data by us, in
accordance with our Privacy Policy
airbusworld.helicopters.airbus.com/privacy-policy , and warrant that all data
provided by you is up to date, comprehensive and that you will maintain the
accuracy of this information by updating them when necessary.

You are entitled to a right of access, modification and deletion as to your
personal data. To this effect, please contact Airbus by e-mail at the following
address:web@airbus.com.

We are committed to protecting your privacy and the confidentiality of your
personal data. However, we are not able to control the use by third parties of
any information concerning you that may appear on the Site.

 

8. Modification of the Terms of Use

We may modify or adapt these Terms of Use at any time, for the future. We will
inform you of any substantial modification by placing a notice on the Site. Your
continued access and use of the Site after a modification or adaptation of these
Terms of Use will be deemed as your acceptance of any modified terms.

If you disagree with any modification or adaptation of the Terms of Use, you
must cease accessing and using the Site.

 

9. Governing Law and Disputes

These Terms of Use are governed by and construed in accordance with the laws of
France, subject to any local applicable non derivable public policy rule.

In case of dispute, we encourage you to contact us on web@airbus.com, in order
to find an amicable solution. If no amicable solution can be reached, any
dispute arising in connection with these Terms of Use shall be subject to the
jurisdiction of the courts of France. We inform you that you can use a mediation
procedure or any other alternative dispute resolution methods, prior to
litigation.

 

10. Miscellaneous

These Terms of Use form the entire agreement between you and us with respect to
the subject matter hereof, and supersede the terms of any other communications
or advertising with respect to the Site. These Terms of Use shall coexist with,
and shall not supersede, our Privacy Policy
airbusworld.helicopters.airbus.com/privacy-policy.

If any provisions hereof are determined to be illegal, invalid or otherwise
unenforceable, in whole or in part, by reason of the laws of any state or
country in which these provisions are intended to be effective, then to the
extent and within the jurisdiction in which such provisions are illegal, invalid
or unenforceable, they shall be severed and deleted from these Terms of Use and
the remaining provisions shall survive and continue to be binding and
enforceable.

Failure by any party to exercise or enforce any right or provision of these
Terms of Use shall not constitute a waiver of such right or provision.

Nothing herein shall be construed as granting, directly or indirectly, any
rights to any third parties, and third parties are not allowed to enforce any of
the provisions herein against us.

 

Last updated June, 2017.

 

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