Terms of service

1. Introduction

Welcome to Jetphotos! Jetphotos.com (in these terms of service ”Jetphotos”, ”we”, ”us” or ”our”) is a website where photographers can upload and share aviation photos (the ”Website”). Jetphotos is since August 2015 acquired and fully owned by Flightradar24 AB (“Flightradar”), registration no. 556895-1213, having its registered address at Brunnsgatan 13, 111 38 Stockholm, Sweden. Aside from Jetphotos, Flightradar also owns and runs the flight tracking website and mobile application Flightradar24, (hereinafter the “Flightradar Services”).

These terms of service (the ”Terms”) set forth the legally binding terms and conditions governing any use of the Website. By using the Website, you acknowledge your understanding of and agreement to these Terms, which also incorporate our Privacy Policy.

We may, from time to time, revise these Terms. Your continued use of the Website after the publishing of any such revisions will constitute your agreement to be bound by them.

Please read these Terms carefully before using the Website. Subject to your compliance with these Terms, we grant you a right to use our Website. This right is granted for your personal, non-commercial use only. If you do not agree to these Terms, you do not have a right to use the Website.

2. Registration process

Jetphotos allows its users to upload and share aviation photos (in these Terms “Photo” or “Photos”) on the Website. In order to upload Photos on the Website you must first register an account (“Account”). During the registration process you will be asked to provide your displayed name, an email address as well as a password of your choice. Please make sure you read through our Privacy Policy on how we process personal data before creating an Account. Upon completing the registration process, you will receive a confirmation email to the email address you provided.

It is important that you choose your displayed name carefully. When a Photo is uploaded to the Website, a border will automatically be generated and added to the Photo attributing the Photo to the displayed name of the account that has uploaded it. Additionally, when uploading a Photo you are given an option to ad watermarks with Jetphotos trademarks to it if you want to.

In order to register an Account you need to (a) be of legal age in your country of residence and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.

3. User account security

Each user is personally and solely responsible for all actions made through his or her Account.

You shall ensure the confidentiality of your password and you agree to notify Jetphotos immediately if you suspect any unauthorized use of or access to your Account or to your password.

If you wish to deactivate your Account, please contact us at [email protected] and we will assist you as soon as we can.

4. Intellectual property and license

All ownership and any intellectual property rights in and to the Website, including but not limited to patents, design rights, copyrights, trademarks, trade secrets and proprietary know-how shall be owned by, and be vested in us and nothing in these Terms shall be interpreted as a transfer of such rights from us to you.

The ownership of the Photos you upload belongs to you, or the third party that owns the intellectual property rights to the them. If you upload any Photos to the Website that may be subject to intellectual property rights, you grant us a non-exclusive, royalty-free, worldwide, sub-licensable and transferable license to host, publicly display, publicly perform, distribute, use, modify, alter and create derivative works of the Photos on the Website, on the Flightradar Services as well as on any related social media accounts owned or otherwise controlled by us. If you upload a Photo to the Website but do not want it to be used on any Flightradar Services, you are given an option to opt out from sharing the Photo to the Flightradar Services while still having it posted on the Website.

In order to ensure the quality of the Photos displayed on the Website, all Photos that are uploaded will go through a screening process made by Jetphotos volunteers. By uploading a Photo you are aware that we may in our sole discretion decide if the Photo is to be; (i) shown publicly on the Website; (ii) published on any Jetphotos social media accounts and; (iii) (if you have opted in) used in the Flightradar Services or not.

If you want to delete any of your Photos from either the Website, from the Flightradar Services or from any Jetphotos social media accounts, please send a request to [email protected] and we will assist you as soon as we can.

Jetphotos allows its users to interact with other users by giving likes to Photos, sharing Photos in social media and making albums of Photos published on the Website. Social functions like these may change from time to time and may be added or removed. By uploading Photos and keeping them uploaded, you agree that these functions and any future added or altered functions may be used on your Photos. You warrant that you have all intellectual property rights needed under these Terms when uploading Photos to the Website and to grant us the license to the Photos as described above. Jetphotos and Flightradar will not be responsible for any claims arising from any third party regarding intellectual property rights in any of the Photos you post.

Jetphotos is a friendly site. You cannot upload Photos or any other content to the Website that is offensive, disturbing, harassing, obscene, pornographic, discriminatory or in any other manner unsuitable or illegal. We reserve a right to, in our own discretion, remove any such Photos or other content that we think may risk violating these Terms.

5. User forum

On the Website, Jetphotos provides a forum (individually referred to as the ”Forum” and otherwise included in the term Website), allowing for registered users to post content (hereinafter referred to as ”Posts”). By posting Posts in the Forum, you consent to making the Posts and your registered username available to the public. Posts may not:

1. contain content which is protected by copyright, trademark law or any other intellectual property rights without the expressed consent of the rights holder;
2. market any product, service or company;
3. identify any individual person without that person’s expressed consent (for example by name, address, image or video); or
4. be offensive, disturbing, harassing, obscene, pornographic, discriminatory or in any other manner unsuitable or illegal.

You consent to our reviewing of Posts and acknowledge that we may remove any Posts at our own discretion. You are aware and understand that statements and opinions presented in Posts are those of users and not Jetphoto’s. We do not support or endorse any statements and opinions presented in Posts, and any such statements and opinions presented by users may be incorrect or misleading.

6. No warranties

The Website and its contents are provided "as is" and "as available". We make no warranties, expressed or implied, and hereby disclaim any warranty, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

We do not guarantee that any Photos or Posts that you upload or publish to the Website will be stored safely and we will not in any way be responsible if any such Photos or Posts are deleted from the Website. If any Photos or Posts are important to you, please make sure you have separate copies of them stored elsewhere.

The Website and the contents therein may include technical, typographical, or photographic errors. We do not warrant that any of the contents on the Website are accurate, complete, or current. We may make changes to the contents contained on the Website at any time without notice. We do not, however, make any commitment to update it.

7. Exclusion of liability

We recommend you not to rely on the Website for a purpose which is of high importance to you or which you consider intolerable if not met, since there may be situations where the Website will not be available due to, but not limited to, maintenance and circumstances beyond our control. In addition, we reserve the right to modify or discontinue providing the Website, at our sole discretion. To the extent permitted under mandatory law we are not liable to you or any third party for any direct, indirect or other damages of any kind, including but not limited to, lost profits, loss of income, loss of revenue, business interruption or loss of goodwill arising out of, or in connection with, these Terms or the inability to use the Website. We are not responsible to you for any third party claims made against you.

We cannot guarantee the security of any transfer of information made via the Website. We do not assume any liability for the information contained on the Website.

We are not responsible for the contents of, nor do we endorse, any third-party sites that are linked to the Website. We have not reviewed content on sites other than the Website and are not responsible for such content. We expressly disclaim responsibility for all representations made or implied in relation to products, publications or sites not owned by us.

8. Indemnity

You are liable for any damages inflicted on us, or any third party, due to your breach of these Terms, including but not limited to the misuse of the Website. Furthermore, you agree to indemnify us in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses incurred by us in relation to your breach of these Terms of service or other applicable law.

Should any Photos or Posts infringe a third party’s intellectual property right, you agree to immediately remove all infringing parts of such Photos and Posts and indemnify us from all damages, costs and expenses incurred by us as a result of such infringement.

9. Changes to the website

You acknowledge and agree that nothing in these Terms constitutes an undertaking by us to provide the Website in its present form or under any specifications. We may, in our sole and absolute discretion, from time to time make additions to, deletions from, modifications to, or change the format and features of, the Website.

10. Term and termination

We have the right to suspend your access to the Website with immediate effect if we have reason to believe that you are violating these Terms. Furthermore, we reserve the right to modify, discontinue, temporarily or permanently cease providing the Website at any time without prior notice, on our own discretion, or if required by law or by a decision by an authority. You accept that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.

11. Governing law and disputes

These Terms shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules. Any dispute or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by Swedish courts, with the Stockholm District Court as the first instance, unless otherwise provided by mandatory law.