The GlidePort app is freely and publicly accessible for personal non-commercial use worldwide. You may not redistribute, reverse engineer, embed or host this software, directly access any of the backend services, or use it for any non-personal or commercial use. If you do not agree with the terms and conditions below, you may not access this website. Please contact us if you would like to use GlidePort in any way other than what this license stipulates.
Use of Google Maps and Google Earth embedded in the GlidePort software is governed by the Google Maps Terms of Service. That is, by using GlidePort you are agreeing to be bound by Google’s Terms of Use.
The GlidePort Application, Services, Website and Site Content (“GlidePort”) are the property of TipTop Software, Inc (“TipTop”). By using GlidePort, you agree to comply with and be bound by the following terms and conditions (this “Agreement”), which we may change at any time by posting notice on the Website. PLEASE READ THIS AGREEMENT CAREFULLY AND CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE GLIDEPORT.
TipTop authorizes you to use GlidePort to access, view, use, download and print the Site Content subject to the following conditions: (a) you may only use GlidePort, and download, access and print the Site Content, in reasonable limited quantities for your personal, non-commercial use; (b) any displays or print outs of the Site Content must be marked “© TipTop Software, Inc. 2012-16. All rights reserved.”; and (c) you may not alter the content, and you may not remove any copyright, trademark or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way GlidePort, or any portion of the Site Content, is strictly prohibited without the prior written permission of TipTop. All software used on the Website is proprietary to us or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited. You may not directly access any of the backend services that are part of this software for any purpose. You may not scrape or harvest the Site Content. Unless expressly authorized by TipTop, you may not embed GlidePort in any way (including in an iframe), or host any part of GlidePort. The software can only be accessed via the GlidePort.aero or tiptop.com servers.
You agree, represent and warrant, that your use of GlidePort, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to GlidePort or your use of it, and you will be solely responsible for your own individual violations of any of them.
No user of GlidePort shall: (a) Submit, post, upload to, distribute or otherwise use, any data (i) in violation of, or in connection with any violation of, any local, state, national or international laws; (ii) that is libelous, defamatory, threatening, abusive, scandalous, obscene or pornographic; (iii) that contains advertising or promotional material or constitutes commercial activity of any sort or, in the sole discretion of TipTop, constitutes “spam”; (iv) that infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party; (v) that contains any statement, formula, direction, recipe, prescription or other matter that involves a reasonably foreseeable risk of injury, loss or damage to the material’s readers or others; or (vi) that contains any software viruses or any other code, file or program that is designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (b) Impersonate any person or entity, or forge or manipulate headers to disguise the origin of any User Data; (c) Except as otherwise permitted by this Agreement, harvest or otherwise collect information about others, including email addresses, without their consent; or (d) Engage in any other conduct that interferes with GlidePort or that restricts or inhibits any other person from using or enjoying the same, or which, in TipTop’s sole judgment, exposes TipTop or any of their officers, directors, employees or agents to any liability or detriment of any type.
You use GlidePort at our own risk, and you acknowledge that you are responsible for verifying and confirming the quality, performance, accuracy and reliability of the Services and of any data obtained by you from GlidePort. GlidePort is provided in “AS IS” condition, and TIPTOP EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT GLIDEPORT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF GLIDEPORT; AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM GLIDEPORT. No advice or information, whether oral or written, obtained by you from TipTop, or through GlidePort will create any warranty not expressly stated herein. WITHOUT LIMITATION OF THE FOREGOING, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE (I) ARE INFORMATIONAL IN NATURE ONLY, AND ARE NO SUBSTITUTE FOR YOUR OWN JUDGMENT; (II) SHOULD BE CONFIRMED WITH RELIABLE SOURCES; AND (III) ARE NOT FOR IN-FLIGHT USE, DO NOT CONSTITUTE ANY FORM OF AVIATION EDUCATION OR TRAINING, AND ARE NOT A SUBSTITUTE FOR FLIGHT INSTRUMENTS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR AVIATION EDUCATION AND TRAINING NEEDS. GLIDEPORT IS NOT INTENDED FOR USE IN ANY SITUATION IN WHICH THE FAILURE OF THE SERVICES, SITE CONTENT OR WEBSITE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. IN NO EVENT SHALL TIPTOP BE LIABLE AND UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM TIPTOP ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO GLIDEPORT, EVEN IF TIPTOP HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
The Website may contain links to third-party websites. Any linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by TipTop. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
GlidePort is operated under the Privacy Policy which outlines how data that you upload or submit to GlidePort and your data that GlidePort autonomously retrieves (such as your tracking data) is used. You are solely responsible for all data that you upload or transmit with us through GlidePort (collectively, the “User Data”). Do not transmit User Data you do not have permission to send to TipTop. You are responsible for creating backup copies of any User Data. By providing us with User Data you: (a) Authorize us to make copies as we deem necessary in order to provide the Services to you and other users; (b) Give us, and you promise that you have the right to give us, an irrevocable, perpetual, non-exclusive, transferable, fully paid worldwide license to use your User Data for the purpose of delivering the Services to you and other users; and (c) Represent and warrant that you own all proprietary rights in your User Data or, with respect to any User Data you do not own, you have the full authority and right to transmit the User Data and to grant the licenses granted hereunder, and that the exercise by TipTop of the license rights granted by you shall not infringe any third party intellectual property rights, nor violate any rights of privacy or publicity, nor be defamatory, libelous or obscene, nor violate any other right, privilege or interest of any third party. TipTop is under no obligation to edit or control User Data that you transmit, and will not be in any way responsible or liable for User Data or your use of it.
In the event that you submit ideas or suggestions (“Comments”), the Comments will be deemed, and will remain, the sole property of TipTop. None of the Comments will be subject to any obligation of confidence on the part of TipTop, and TipTop will not be liable for any use or disclosure of any Comments. Without limiting the foregoing, TipTop will be entitled to unrestricted use and other exploitation of the Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Comments.
You shall defend, indemnify and hold harmless TipTop against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with your use of GlidePort or your breach of any provision of this Agreement.
You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
You agree that all matters arising from or relating to the use and operation of the Services will be governed by the substantive laws of the State of Colorado, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Services will be heard and resolved in the federal and state courts located in Denver, Colorado. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to GlidePort from locations other than Colorado, you will be responsible for compliance with all local laws of any such other location, and in no event will you use GlidePort in violation of U.S. export laws or regulations.
TipTop reserves the right to modify this Agreement, any aspects of GlidePort, or its policies at any time, with or without notice to you. You are under an obligation to review the current version of this Agreement and other TipTop policies before using GlidePort. Your use of GlidePort following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
No delay or omission by TipTop in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by TipTop of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to”. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and TipTop regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.
Rev 4-6-2013
Copyright © 2012-15 TipTop Software, Inc., All Rights Reserved.