1. ACCEPTANCE OF TERMS

Global Takeoff provides a range of online resources, including video content, classified ads, forums, information, and various other services, (referred to hereafter as "the Service"). The Service is available to all users including users who are contributors of video content, classifieds, information, etc. (hereinafter referred to as the “User”) on the terms and conditions specified in these Terms of Use ("TOU"). By using the Service in any manner whatsoever, the User hereby agrees to comply with and be bound by the terms and conditions of this TOU. The User further agrees to comply with and be bound by any applicable guidelines posted in respect of any or all Global Takeoff services. The User expressly acknowledges that such guidelines may be modified from time to time unilaterally by Global Takeoff and the User undertakes to comply with such modified terms and/ or guidelines. The User also expressly acknowledges that in case the User is not agreeable with any modifications to any terms of the TOU or the guidelines, the only recourse available to the User would be to terminate the use of the Service.

All Global Takeoff Services are available to persons over and above the age of 13.
BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE GLOBAL TAKEOFF SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE.

2. ACCESS TO THE SERVICE

Global Takeoff grants the User a limited, revocable, nonexclusive license to access the Service on the following conditions:

1. The use of the Service is permitted solely for the User’s personal, non commercial use; The User shall not replicate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes)without the prior written authorization of Global Takeoff; The User shall not alter or modify any part of the website other than as may be reasonably necessary to use the Service for its intended purpose; The license is used by the User who is a general purpose internet search engine or a non-commercial public archive that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service; Global Takeoff permits the User to display on the User’s website, or create a hyperlink on the User’s website to, individual postings on the Service so long as such use is for noncommercial purposes only; The User shall otherwise comply with the terms and conditions of these TOU.

2. To the extent that you use or connect to any third party messaging and/or content delivery systems through the Websites, you agree that you will comply with all terms and conditions of use for such third party systems, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.

You understand that the Websites and services offered thereby are offered to the public free of charge. If you use the Websites to advertise products or services in any way other than pursuant to an Advertising Agreement executed by you and Global Takeoff (“Unauthorized Advertising”), Global Takeoff reserves the right to restrict your access to the Websites and to contact you about such Unauthorized Advertising. If you are so contacted and wish to continue using the Websites for commercial use, you may request, or Global Takeoff may request that you work with Global Takeoff, subject to Global Takeoff’s approval, to execute an Advertising Agreement defining the terms and conditions under which you may advertise on the Websites.


3. PERSONAL USE

The Global Takeoff Services are made available to the User solely for the personal, non-commercial use of the User only. The User is prohibited by these TOU from using the Service to sell a product or service or to increase traffic to the user’s website for commercial reasons. The User is also prohibited from using the results from a Global Takeoff search and reformatting and displaying them, or from mirroring the Global Takeoff home page or results pages on the User’s website. The User may not "meta-search" Global Takeoff. The User undertakes that if the User intends to make any commercial use of the Services, the User shall enter into a separate agreement with Global Takeoff in respect of such commercial use.

4. CONTENT

The User acknowledges that all content, including User Content posted on, transmitted through, or linked from the Service, ("Content") is the sole responsibility of the person from whom such Content originated and that Global Takeoff does not control, and is not responsible for Content made available through the Service, and that by using the Service, the User may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. The User acknowledges that Global Takeoff does not pre-screen or approve Content, but that Global Takeoff shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content for violating the letter or spirit of the TOU or for any other reason. Furthermore, the Global Takeoff site and Content available through the Service may contain links to other websites which are completely independent of Global Takeoff. Global Takeoff makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. The User is advised and the User agrees to evaluate, and bear all risks associated with, the use of and the reliance upon any Content, and that under no circumstances is Global Takeoff liable in any way whatsoever for any Content or for any loss or injury of any kind incurred as a result of the use of any Content.

5. USER CONTENT

• Global Takeoff permits the contribution of videos, classifieds, messages, text, files, ../images, photos, video, sounds, or other materials and other communications by the User and other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. The User acknowledges that whether or not such User Content is published, Global Takeoff does not guarantee any confidentiality with respect to any contributions. The User shall be solely responsible for the User Content and the consequences of posting or publishing such User Content. The User undertakes, warrants and assures Global Takeoff that the User shall not publish falsehoods or misrepresentations that could cause harm or injury to Global Takeoff or any third party; or submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, or give rise to any civil liability, violate any law, or is otherwise inappropriate; The User further undertakes not to post advertisements or solicitations of business or impersonate another person. The User further agrees and undertakes that the User shall not submit any User Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the user is the owner of such rights or has express written permission from the rightful owner of such rights to post the material and to grant Global Takeoff all of the license rights granted herein. In connection with the User Content, the User affirms, represents and warrants that the User:
  
  a) owns or has the necessary licenses, rights, consents, and permissions to use and authorize Global Takeoff to use all patent, trademark, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the website and these TOU;
  
  b) has the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the website and these TOU.
  
  
• The User grants Global Takeoff a worldwide, non-exclusive, royalty-free, sub licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Global Takeoff's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Global Takeoff Website (and derivative works thereof) in any media formats and through any media channels. The User grants each user of the Service a non-exclusive license to access the User Content through the Service and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Service and under these TOU. The licenses granted by the User in clause (iv) and (v) shall stand terminated upon the withdrawal, removal or deletion of the User Content for the Service. It is expressly clarified that Global Takeoff does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Global Takeoff expressly disclaims any and all liability in connection with User Content.
  
• Global Takeoff does not permit copyright infringing activities and infringement of intellectual property rights on its website, and that Global Takeoff shall exercise its right to remove all Content or User Content if properly notified that such Content or User Content infringes on another's intellectual property rights. Global Takeoff reserves the right to remove Content and User Submissions without prior notice and may terminate a User's access to its website, if such user is determined to be a repeat infringer.
  
  
• Global Takeoff reserves the right to decide whether any content or a User Content is inappropriate or fails to comply with the terms of this TOU other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Global Takeoff may remove such User Content and/or terminate a User's access for uploading such material in violation of these TOU at any time, without prior notice and at its sole discretion.
  
• For clarity, you as user retain all of your ownership rights in your User Submissions.

6. NOTIFICATION OF CLAIMS OF INFRINGEMENT

Any person (“Aggrieved User”) claiming that any Content infringes or in any way violates such person’s intellectual property rights, such Aggrieved User may submit a notice to Global Takeoff with the following information:

• Identifying the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  
  
• Identifying the material that is claimed to be infringing or to be the subject of infringing activity and that ought to be removed or access to which ought to be disabled together with reasonably sufficient information to permit Global Takeoff to locate the material;
  
  
• A statement that the Aggrieved User in good faith believes that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  
  
• A statement that the information in the notification is accurate, and under penalty of perjury, that the Aggrieved User is authorized to act on behalf of the owner the right that is allegedly infringed, and
  
• The name, address, telephone number, email address and physical or electronic signature of the Aggrieved User.

Global Takeoff's designated Copyright Agent to receive notifications of claimed infringement is:[copyrights@globaltakeoff.com] Global Takeoff shall remove the infringing Content, subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

Email Address:
We ask you for your email address. We, and companies that we may engage from time to time to provide products and services to us or otherwise act on our behalf, use this information to (i) send you newsletters that keep you updated about the Global Takeoff Software or its service, including, information about available upgrades, functionality, features, and/or programming, (ii) ask you to participate in surveys that help us make the Global Takeoff Software and service better, (iii) respond to or confirm your requests, and (iv) notify you of service issues and unusual account actions (e.g. password resets). We will assume you are interested in receiving e-mails from us (or from companies who we may engage from time to time to act on our behalf) and will allow you to "opt-out" if you are not interested.


7. THIRD PARTY SITES AND SERVICES

The Global Takeoff site and Content available through the Service may include links to third party websites, including links provided as automated search results and some of these sites may contain materials that are objectionable, unlawful, or inaccurate. The User acknowledges and agrees that Global Takeoff is not responsible or liable for any Content or other materials on these third party sites. Any dealings that the User may have with advertisers on or found on the Services and third party sites is strictly between the User and the advertiser and the User acknowledges and agrees that Global Takeoff is not liable for any loss or claim the user may have against an advertiser. The User is advised to make adequate, necessary or appropriate enquiries and investigations before proceeding with any online or offline transaction with any of these third parties. The User expressly agrees that Global Takeoff shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings and that in the event of a dispute with one or more other users, the User hereby releases Global Takeoff, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or the Service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."


8. INTELLECTUAL PROPERTY RIGHTS

The content on the Global Takeoff Website, except all User Content, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Global Takeoff, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to the User on an AS IS basis for the information and personal use of the User only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Global Takeoff reserves all rights not expressly granted in and to the website and the Content. The User agrees not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Content of third parties obtained through the website for any commercial purposes. The User agrees to retain all copyright and other proprietary notices contained in any download or print of any of the Content for personal use. The User further agrees not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

9.LICENSE AND CONFIDENTIAL INFORMATION

By posting information or content to, or otherwise causing content to be displayed on, the Websites, including in any of the Global Takeoff sites, you automatically grant, and you represent and warrant that you have the right to grant, to Global Takeoff an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
No information or content of any kind that you submit to Global Takeoff, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Websites shall be deemed confidential or secret information.

10.COPYRIGHT AND TRADEMARKS INFORMATION

Copyright 2007-08 © Global Takeoff - All Rights Reserved.
All the trademarks, trade names, service marks, service names are the property of their respective holders, including but not limited to, the following:
• “AIM”, Running man logo - America Online, Inc.
• “Google Talk” - Google Inc.
• “ICQ” is a registered mark of ICQ, Inc.
• “MSN” , Butterfly logo - Microsoft Corporation.
• “Yahoo!” and “Yahoo! Messenger” - Yahoo, Inc.

THIS SITE IS NOT AFFILIATED WITH OR ENDORSED BY
America Online, Inc., Google Inc., ICQ, Inc., Jabber Software Foundation,
Microsoft Corporation or Yahoo, Inc.

11. PROHIBITED USE

The User agrees and undertakes not to indulge or engage in the following prohibited activities:

• Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, libelous, obscene, harmful, pornographic, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way. Impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with a person or entity; Forge headers or otherwise manipulate identifiers in a manner that disguises the origin of any content that is transmitted by the User through the Service; Upload, post, email, transmit or otherwise make available any content that the User does not have a right to make available under any law or under any contractual or fiduciary relationship (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; Upload, post, email, transmit or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without Global Takeoff’s express written approval; Gather for the purpose of "spamming" any email addresses that users post on the Service; Upload, post, email, transmit or otherwise make available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment; Upload or post any off-topic or irrelevant material to any chat room or forum; Interfere with or disrupt any servers or networks used to provide the Services, or disobeying any requirements, procedures, policies or regulations of the networks used to provide the Services; "Stalking" or otherwise harassing another; Instigate or encourage others to commit illegal activities or cause injury or property damage to any person; Collecting or storing personal data about other users; Gain unauthorized access to the Service’s website, or any account, computer system, or network connected to the Service, by means such as hacking, password mining or other illicit means or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Global Takeoff website; or Obtain or attempting to obtain any materials or information through any means not intentionally made available through this Service. Upload, post, email, transmit or otherwise make available any content that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; or that includes personal or identifying information about another person without that person's explicit consent That constitutes or contains “affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; That constitutes or contains any form of advertising or solicitation which are posted in areas of the Global Takeoff sites which are not designated for such purposes; or emailed to Global Takeoff users who have not indicated in writing their consent to be contacted about other services, products or commercial interests
  
• That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Global Takeoff; Use any form of automated device or computer program that enables the submission of postings on Global Takeoff without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

12. PRIVACY AND INFORMATION DISCLOSURE

Global Takeoff shall establish a Privacy Policy to explain to users how their information is collected and used. The User’s use of the Global Takeoff website or the Service signifies acknowledgement of and agreement to the Privacy Policy so established. The User further acknowledges and agrees that Global Takeoff may, in its sole discretion, preserve or disclose the User Content, as well as the User’s information such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to

• comply with legal process;
• enforce the TOU;
• respond to claims that any Content violates the rights of third-parties;
• respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment;
• Protect the rights, property, or personal safety of Global Takeoff, its users or the general public.

13. PROPRIETARY RIGHTS

The Service and the Content is protected to the maximum extent permitted by international treaties, and by copyright, trademark, patent, trade secret laws and other proprietary rights. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Global Takeoff. The User agrees not to reproduce, duplicate or copy Content from the Service without the express written consent of Global Takeoff, and agree to abide by any and all copyright notices displayed on the Service. The User shall not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, the User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Global Takeoff does not claim ownership of User Content, by posting such User Content to any public area of the Service, the User automatically grants, and represents and warrants that the User has, the right to grant to Global Takeoff an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said User Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting content to any public area of the Service, the User automatically grants Global Takeoff all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content on the Service by any party for any purpose.


14. DISCLAIMER OF WARRANTIES

The User agrees that the use of the Global Takeoff website and the Service shall be at the sole risk of the User. The Global Takeoff site and the service are provided on an "As Is" or "As Available" basis, without any warranties of any kind. The Service, Global Takeoff, its officers, directors, employees and agents disclaim, to the fullest extent permitted by law, all warranties, express or implied, in connection with the Service and the use thereof. Global Takeoff makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any

• errors, mistakes, or inaccuracies of content, personal injury or property damage of any nature whatsoever, resulting from the User’s access to and use of the Service,
  
  
• any unauthorized access to or use of the Service’s secure servers and/or any and all personal information and/or financial information stored therein,
  
  
• any interruption or cessation of transmission to or from Global Takeoff’s website,
  
  
• any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or
  
  
• Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service. If the User relies on any information or service available through this website, the User does so at the User’s own risk and the User is solely responsible for any damage or loss the User may incur from use of any service or any material and/or data downloaded from or otherwise provided through the Service or this website. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, security, reliability, timeliness, accuracy and performance are expressly disclaimed to the fullest extent permitted by law. Global Takeoff does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Global Takeoff website or any hyperlinked website or feature in any banner or other advertising, and Global Takeoff shall not be a party to or in any way be responsible for monitoring any transaction between the user and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, the user should use best judgment and exercise caution where appropriate.

15. LIMITATION OF LIABILITY

The Service, Global Takeoff, its officers, directors, employees, or agents, shall in no event be liable to the User for any direct, indirect, incidental, special, punitive, or consequential damages of whatsoever nature resulting from any

• errors, mistakes, or inaccuracies of content,
  
  
• personal injury or property damage, of any nature whatsoever, resulting from the User’s access to and use of the service,
  
  
• any unauthorized access to or use of Global Takeoff’s secure servers and/or any and all personal information and/or financial information stored therein,
  (iv) any interruption or cessation of transmission to or from the service,
  (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the service by any third party, and/or
  
  
• any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the User’s use of any content posted, emailed, transmitted, or otherwise made available via the Global Takeoff website or the service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in any applicable jurisdictions.

The User also specifically acknowledges that Global Takeoff shall not be liable for User Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with the User.
The service and the website is controlled and offered by Global Takeoff from its facilities in the United States of America. Global Takeoff makes no representations that the Global Takeoff website is appropriate or available for use in other locations. Any person who accesses or uses the Global Takeoff website from other jurisdictions does so at their own volition and are responsible for compliance with local law.


16. INDEMNITY

1. The User agrees to defend, indemnify and hold the Service, Global Takeoff, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: the User’s use of and access to the Service and the Global Takeoff website; the User’s violation of any term of these TOU;
2. The User’s violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that any User Content has caused damage to a third party or the user’s breach of any of the representations and warranties herein or violation of any rights of another. The defense and indemnification obligation shall survive the termination or modification of this TOU and the User’s use of the Service or of the Global Takeoff website.

 

17. TERMINATION

The User’s right to use the Service automatically terminates upon violation of any of the terms of this TOU or any rules or guidelines posted in connection with the Service. Global Takeoff further reserves the right to terminate, at any time and in its sole discretion, the User’s access to all or any part of the Service or the Global Takeoff website for any reason, with or without notice and remove or discard any User Content and Global Takeoff shall not be liable to the User or any third party for the termination of access to the Service.


18. ABILITY TO ACCEPT TERMS OF SERVICE

The User affirms that the User is either more than 18 years of age, or an emancipated minor, or possesses legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this TOU, and to abide by and comply with this TOU. The User further affirms that the User is over the age of 13, and acknowledges that the Service and the Global Takeoff website is not intended for children under 13.


19. MODIFICATIONS TO THIS AGREEMENT

Global Takeoff reserve the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. The User must review this TOU on a regular basis and keep apprised of any changes.


20. NO DUTY TO MONITOR

The User expressly agrees and acknowledges that Global Takeoff is not liable for any part of the Content and that Global Takeoff does not undertake to or has any duty to pre-screen the Content. It is also clarified that Global Takeoff has the right (but not the obligation) to refuse to post or to edit submitted User Content and to remove the Content for any reason whatsoever. However, Global Takeoff shall not be responsible for any failure or delay in removing such material.

21. USE OF SOFTWARE

Global Takeoff may make software available for download or use by the User. Such software shall be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to the User with the software, then the following license, in addition to the other terms of this TOU shall govern the use of such software: Global Takeoff will grant the User a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by Global Takeoff or its suppliers. The User shall not sell or redistribute the software or incorporate it or any portion of it into another product. The User is prohibited from reverse engineering, decompiling, or disassembling the software or otherwise attempting to derive the source code (except where expressly permitted by law). The User shall not modify, adapt, or create derivative works from the software in any way or remove proprietary notices in the software. The User agrees to abide by all laws and regulations in effect regarding the use of the software and shall not authorize or assist any third party to do any of the things prohibited in this paragraph.


22. INTERNATIONAL USE

Global Takeoff makes no representation that the Service or the Content is appropriate or available for use in locations outside the United States, and that accessing it from territories where the Service or the Content is illegal is prohibited. Any User who chooses to access the Service from a location outside the U.S., shall do so at such User’s own initiative and shall be responsible for compliance with local laws.


23. GENERAL INFORMATION

The TOU constitutes the entire agreement between the User and Global Takeoff and governs the User’s use of the Service, superseding any prior agreements between the User and Global Takeoff. The failure of Global Takeoff to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The TOU shall be governed by the laws of the United States of America and the federal state of Georgia. Any jurisdiction in respect of this TOU shall be exercised exclusively by the courts of competent jurisdiction in the state of Georgia.