PlaneCheck Terms & Conditions PLEASE READ THESE TERMS
& CONDITIONS CAREFULLY BEFORE YOU START USING PLANECHECK.COM. BY USING PLANECHECK.COM
YOU DECLARE THAT YOU HAVE ACCEPTED THESE TERMS. DO NOT USE PLANECHECK.COM IF YOU
DO NOT ACCEPT THESE TERMS. The following terms & conditions apply
to PlaneCheck and PlaneCheck.com. 1. General terms which apply to anyone using
the site or referring to the site 2. Supplemental terms which apply to advertisers
1. | General
terms which apply to anyone using the site or referring
to the site | 1.1 Contents of the site
PlaneCheck has created this site with the greatest possible care. Any information
on this site with respect to offered or wanted airplanes, parts, products, services
or requests has been inserted by third party users. These third party users are
entirely responsible for the correctness and validity of this information. PlaneCheck
carries no responsibility for the content of adverts whatsoever. 1.2
Agreement PlaneCheck enables vendors and buyers to conduct a bilateral
agreement. PlaneCheck is however not involved in the establishment of such an
agreement. 1.3 Intellectual right of ownership
• | Duplication and/or
distribution of material from this site, other than downloading site content on
one single computer for the purpose of advert browsing, or other than production
of hardcopy prints of PlaneCheck adverts, is prohibited. |
• | Distribution of hardcopy
prints of PlaneCheck adverts is only allowed if the text "PlaneCheck.com"
is clearly visible on each hardcopy. |
• | All rights with respect to the site, including text
material, images, layouts, datafiles, domain names and trademarks, belong to PlaneCheck
and her advertisers. If these rights are violated, then it is up to the advertiser
to take action against the violator(s). PlaneCheck takes no part in this, as she
has no means to prevent violation of rights. | • | PlaneCheck
denies any responsibility for the presence of images which are subject to copyright
by third parties. If you hold a copyright on an image which you found uploaded
to PlaneCheck without your permission, then please contact the corresponding advertiser/seller. |
1.4 SPAM Usage of third party personal data, as present
on the site, may only be used in order to establish an agreement with the advertiser,
regarding the content of the advert. Usage of third party personal data is under
no circumstance allowed in order to • send unrequested email. •
send email without intention to establish an agreement related to the advert.
• send commercial email. • collect email addresses of advertisers
for whatever purpose. Violation of this article imposes, without warning
and without judicial interference, a 1,000 EUR penalty per incident. PlaneCheck
takes no responsibility if you claim to be a victim of SPAM, triggered or distributed
via the site. 1.5 Exclusion PlaneCheck has the
right to deny you access to the site, without notification, if you violate these
terms & conditions. 1.6 Guarantee
PlaneCheck does not guarantee that • advert texts are correct,
accurate and true. • offered products are of good quality, safe and
do not violate law. • the advertiser is allowed to do business
with you. • the site will function flawlessly and be free of
errors. 1.7 Liability PlaneCheck denies any responsibility
for whatever damage, loss or harm, caused by the use of the site. In particular
will PlaneCheck never be liable for any damage, loss or harm to whomever it may
concern, caused by • actions of site visitors, like establishing an
agreement with regard to adverts. • the use of the site (computer viruses
and SPAM for instance). • malfunction of the site. • the
impossibility to use the site. • the fact that products do not meet
the specifications as published on the site. • the fact that products
are advertised illegally. • the fact that products are mortgaged.
• the fact that third parties exert a claim on a product. •
the fact that products have been stolen. • the fact that advertisers
deny or invalidate an agreement. • the fact that advertisers may not
exist in reality. • the fact that products are not delivered. •
the fact that products may not exist in reality. • the fact that products
are not or no longer available for whatever reason. • adverts which
are embarrassing or offensive. • information on the site, which is
not correct, not actual or illegal. • illegal use of the site by third
parties. 1.8 Links PlaneCheck offers links to other sites
for the purpose of your comfort and/or well-being. However, PlaneCheck will not
accept liability for any damage, loss or harm, caused by the visit of a linked
site. 1.9 Protection You will protect PlaneCheck
from any claim by yourself or by third parties, which are caused by or related
to the use of this site.
2. | Supplemental
terms which apply to advertisers | These terms
apply, together with the chapter 1 terms, if you submit adverts to the site.
2.0
ADVERTISING ON PLANECHECK IS NOT A RIGHT, BUT A PRIVILEGE.
2.1 Rates Submission of adverts to PlaneCheck is basically
free of charge! If in the event an advertiser has actually sold
an airplane via a positive PlaneCheck lead, he or she will transfer a sales fee
(so called "contribution") to PlaneCheck. The following amounts are
in effect: Selling
price | Contribution |
Up to 140,000 USD | 70
USD | Up to 100,000 EUR |
50 EUR | Over 140,000 USD |
140 USD | Over 100,000 EUR |
100 EUR | Adverts run until you
delete them yourself. There is no expiration date. 2.2
Site content
• | Each advertiser
will make sure that the offered or wanted product is described conforming to reality.
By submission of an advert, you give PlaneCheck permission to publish the information
with regard to the product, on the site. |
• | The advertiser will maintain the content of the adverts
up-to-date. Adverts are to be deleted as soon as they are no longer valid, for
instance if an airplane has been sold or has been withdrawn from the market. |
• | The advertiser will
not illegally upload any image which holds a copyright by third parties. If you
want to upload a copyrighted image, you need to have permission from the copyright
holder before you upload. By illegally uploading a copyrighted image, you may
become subject to prosecution by the copyright holder. |
• | PlaneCheck has the right to change the content of
advert texts without notification, if such improves the quality of the advert
in the view of PlaneCheck. | • | PlaneCheck
has the right to remove pictures and images without notification, if the number
of images is excessive or if images do not enhance the quality of the advert. |
• | PlaneCheck has
the right to change or remove content of advert texts without notice, if reference
is made to a different channel or website which acts within the field of trading
or auctioning of third party goods. |
• | Adverts which advertise the sale of one specific
and fully airworthy aircraft, are to be released within the airplanes section
of the site. | • | Adverts
which advertise the sale of generic aircraft, may under circumstances be released
within the airplanes section of the site. Such a submission needs prior approval
of PlaneCheck. Please contact PlaneCheck about your request, if you would want
to do so. | • | Adverts
which advertise any aviation-related matter, other than one specific and fully
airworthy aircraft, are to be released within the Full-Stops section of the site. |
• | The advertiser is
not allowed to delete an aircraft advert from the airplanes section, with the
goal of re-inserting the airplane again after deletion. Re-positioning of an existing
airplane advert on the front page is to be achieved by reducing the airplane price
in the existing advert. Airplanes which have actually increased in value, for
instance after an overhaul, are exempted from this. |
2.3 Advert removal PlaneCheck has the right to remove any advert
from the site, without notice. Adverts can at any time become subject to removal,
but will do so at least when
• | The advert is released
into an inappropriate section. | • | The
advert is released more than once. | • | The
advertiser's name appears to be a nickname, a false name or a fake name. |
• | Different adverts
describe the same product. In the case that 2 or more different advertisers publish
the same airplane, PlaneCheck will decide which advertisements are to be removed,
and will remove these without necessary notice. |
• | The advert content violates article 1.7 |
• | The advert consists
of an airplane that has been deleted and re-inserted again after deletion. |
• | The advert content
is not related to aviation. | • | 6
months have elapsed after the advertiser's last Log In. |
• | The advert exhibits business within the same field
as PlaneCheck - meaning the trade of third party airplanes and aviation business
via an internet website. | • | They
have been submitted by an intermediate broker apparently without permission of
the actual airplane owner. | • | Other
sites or channels than PlaneCheck.com advertise the same airplane or product,
but with a lower price tag. | • | An
airplane's price tag significantly exceeds what PlaneCheck considers to be the
market band width for that type, with regard to age, condition and location. "Opportunist"
sellers in particular, whose main objective is to sample market interest in their
airplane, risk removal of their advert. | 2.4 Account
removal PlaneCheck will, without prior notice and for an indefinite
time, exclude any advertiser who violates the Terms and Conditions, or who exhibits
behavior which PlaneCheck considers to be non-consistent with the purpose of the
PlaneCheck website. 2.5 Liability PlaneCheck
denies any responsibility for whatever damage, loss or harm, caused by illegal
acquisition of products which are advertised on the site. In particular will PlaneCheck
never be liable for any damage, loss or harm to product advertisers, caused by
• products that are paid for with false, stolen, undeclared or otherwise
illegal money. • sold products that are not paid for. •
the fact that product purchasers criticise a sold product. • the fact
that product purchasers deny or invalidate an agreement. • the
fact that product purchasers may not exist in reality. • the fact that
product purchasers act illegal. 2.6 Down-time PlaneCheck
will never be liable for down-time of the site. However, advertisers who have
activated one or more HighLight statuses, can under certain conditions apply for
a refund. Refunds are applicable in cases of 24 hours or more of continuous down-time
of the site. A refund will be proportionally to the period of down-time, and can
never be higher than the amount which has been paid to obtain the HighLight status.
Same applies to paid commercial adverts, other than HighLights.
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