BOEING MANAGEMENT COMPANY WEBSITE
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SITE TERMS
Welcome to
www.BoeingImages.com a web site of the Boeing
Management Company (the "Site"). These terms of use ("Site Terms") apply exclusively
to your access to, and use of, the Site so please read them carefully. They do not
alter in any way the terms or conditions of any other agreement you may have with
Boeing Management Company for other products or services, including copyright or
trademark license agreements issued from this web site.
Boeing Management Company reserves the right to change or modify any of the terms
and conditions contained in the Site Terms or any policy or guideline of the Site,
at any time and in its sole discretion. Any changes or modification will be effective
upon posting of the revisions and notice of such changes to the Site. Your continued
use of this Site following the posting of its changes or modifications will constitute
your acceptance of such changes or modifications. Therefore, you should frequently
review the Site Terms and applicable policies from time-to-time to understand the
terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE,
AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS
OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
If you have any question regarding the use of the Site, please refer first to the
Help Section or the Frequently Asked Questions. All other questions or comments
about the Site or its contents should be directed to the Help Line at 206-662-1551.
Incorporated Policies or Terms
Privacy Policy.
Boeing Management Company believes strongly in protecting user privacy and providing
you notice of Boeing Management Company's collection and use data, including personally
identifying information, collected from the Site. Therefore, Boeing Management Company
is has adopted a Privacy Policy that you should refer to fully understand how Boeing
Management Company uses and collects information.
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Terms of Transactions.
All sales from the Site are governed by Boeing Management Company's Terms of Transactions.
You should refer to our Terms of Transactions to learn more about,
our return policy, and shipping terms. By licensing and/or accepting
delivery of the Licensed Materials, you agree to be bound by these Terms of Transactions.
The Terms of Licensing are subject to change without prior notice at any time, in
Boeing Management Company's sole discretion, so you should review the Terms of Licensing
each time you make a purchase. Additional information may be found in our Customer
Service or Help Section.
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License and Site Access
Boeing Management Company grants you a limited license to make personal use only
of the Site. Such grant does not include, without limitation: (a) any resale or
commercial use of the Site or content therein; (b) the collection and use of any
product listings or descriptions; (c) making derivative uses of the Site and its
contents; or (d) use of any data mining, robots, or similar data gathering and extraction
methods. Except as noted above, you are not conveyed any right or
license by implication, estoppel, or otherwise in or
under any patent, trademark, copyright, or proprietary right of Boeing Management
Company or any third party.
You may not use, frame or utilize framing techniques to enclose any Boeing Management
Company trademark, logo or other proprietary information (including the images found
at this Site, the content of any text or the layout/design of any page or form contained
on a page) without Boeing Management Company's express written consent. Further,
you may not use any meta tags or any other "hidden text"
utilizing a Boeing Management Company name, trademark, or product name without Boeing
Management Company's express written consent.
Any unauthorized use of this Site will terminate the permission or license granted
by these Site Terms and may violate applicable law including copyright laws, trademark
laws (including trade dress), and communications regulations and statutes. All violators
will be prosecuted to the fullest extent of the law.
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Copyright
All copyrighted and copyrightable materials on this Site, including, without limitation,
the Boeing Management Company logo, design, text, graphics, pictures, sound files
and other files, and the selection and arrangement ("Materials") thereof are ALL
RIGHTS RESERVED Copyright ©2001 Boeing Management Company, Inc. and/or its licensors.
Except as stated herein, none of the Materials may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying, recording,
or otherwise, without the prior licensed permission of Boeing Management Company,
as obtained through this site. Permission is granted to display, copy, distribute
and download the Materials on this Site for personal, non-commercial, and informational
use only; provided that, you may not, without the permission of Boeing Management
Company or the respective copyright owner, (a) copy, publish, or post any Materials
on any computer network, website, or broadcast or publications media, (b) modify
the Materials, and (c) remove or alter any copyright and other proprietary notices
contained in the Materials.
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Copyright Complaints
Boeing Management Company respects the intellectual property of others.
If you believe that your work has been copied and has been posted to this Site in
a way that constitutes copyright infringement, please provide Boeing Management
Company's copyright agent the following written information:
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An electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright interest;
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A description of the copyrighted work
that you claim has been infringed upon;
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A description of where the material
that you claim is infringing is located on the Site;
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Your address, telephone number, and
e-mail address;
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A statement by you that you have a
good-faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;
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A statement by you, made under penalty
of perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf.
Boeing Management
Company's Copyright Agent for notice of claims of copyright infringement on this
Site is Alma Dayawon, who can be reached as follows:
Alma Dayawon
The Boeing Company
100 N. Riverside, M/C 5003-0983
Chicago, IL 60606-1596
Phone: 312-544-2936
Fax: 312-544-2078
E-mail: Alma.Dayawon@boeing.com
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Trademarks and Service Marks
Boeing, McDonnell Douglas, McDonnell, Douglas, North American Aviation, their distinctive
airplane liveries, logos, and product markings, and the products and services described
in this Site, are among the trademarks, service marks or registered trademarks of
Boeing and/or Boeing Management Company, and may not be copied, imitated or used,
in whole or in part, without the prior written permission of Boeing. In addition,
all page headers, custom graphics, button icons, and scripts are service marks,
trademarks, and/or trade dress of Boeing, and may not be copied, imitated, or used,
in whole or in part, without the prior written permission of Boeing and/or Boeing
Management Company. Any request for grant of a license to use Boeing marks is subject
to prior approval, and should be addressed to the Boeing Trademark Management Group
at: trademarks@boeing.com.
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Third-Party Content
This Site includes forums and interactive
areas, including the ability to upload information, text, data and other material
for the purpose of obtaining review and approval of a request for materials to be
included in a copyright or trademark license agreement. The forums and interactive
areas shall be used only for non-commercial purposes. By using the forums or interactive
areas, you agree not to do any of the following:
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Upload to, distribute or otherwise
publish through this Site any message, data, information, text or other material
("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent,
lewd, harassing, threatening, harmful, invasive of privacy or publicity rights,
abusive, inflammatory or otherwise objectionable;
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Upload or transmit any Content that
would constitute or encourage a criminal offense, violate the rights of any party,
or that would otherwise create liability or violate any local, state, national,
or international law;
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Upload or transmit any Content that
may infringe any patent, trademark, trade secret, copyright
or other intellectual or proprietary right of any party. By posting any Content,
you represent and warrant that you have the lawful right to distribute and reproduce
such Content;
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Impersonate any person or entity or
otherwise misrepresent your affiliation with a person or entity; and
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Without Boeing Management Company's
written permission, distribute or publish unsolicited promotions, advertising or
solicitations for funds, goods or services, including junk mail and spam.
Boeing Management
Company takes no responsibility and assumes no liability for any Content posted
or uploaded by you or any third party, or for any mistakes, defamation, slander,
libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
As a provider of interactive services, Boeing Management Company is only a forum
and is not liable for any statements, representations, or Content provided by its
users in any public forum or personal home page.
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Enforcement
Boeing Management Company has the right, but not the obligation, to monitor any
activity and Content associated with its forums and interactive areas. Boeing Management
Company may investigate any reported violation of its policies or complaints and
take any appropriate action that it deems appropriate. Such action may include,
but is not limited to, issuing warnings, suspension or termination of service, and/or
removal of posted Content. Boeing Management Company reserves the right and has
absolute discretion, to remove, screen or edit any Content that violates these provisions
or is otherwise objectionable. In order to cooperate with legitimate governmental
requests, subpoenas or court orders, to protect Boeing Management Company's systems
and customers, or to ensure the integrity and operation of Boeing Management Company's
business and systems, Boeing Management Company may access and disclose any information
it considers necessary or appropriate, including, without limitation, user profile
information (i.e. name, e-mail address, etc.), IP addressing and traffic information,
usage history, and posted Content. Boeing Management Company's right to disclose
any such information shall govern over any terms of Boeing Management Company's
Privacy Policy.
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Responsibility for Your Conduct
You shall remain solely liable for the Content of any messages or other information
you upload or transmit to this Site, including the discussion forums or interactive
areas of the Site. You agree to indemnify and hold harmless Boeing Management Company
from any claim, action, demand, loss, or damages (including attorneys' fees) made
or incurred by any third party arising out of or relating to your conduct, your
violation of these Site Terms, or your violation of any rights of a third party.
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Linking
Links to the Site. You are granted a limited,
non-exclusive right to create a hyperlink to this Site provided such link does not
portray Boeing Management Company or any of its products and services in a false,
misleading, derogatory or otherwise defamatory manner. You may not use a Boeing
Management Company logo or other proprietary graphic or trademark of The Boeing
Company or Boeing Management Company to link to this Site without the express written
permission of Boeing Management Company. This limited right may be revoked at any
time.
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Third-Party Links.
Boeing Management Company makes no claim or representation regarding, and accepts
no responsibility for, the quality, content, nature or reliability of sites accessible
by hyperlink from this Site, or sites linking to this Site. The linked sites are
not under the control of Boeing Management Company and Boeing Management Company
is not responsible for the content of any linked site or any link contained in a
linked site, or any review, changes or updates to such sites. Boeing Management
Company is providing these links to you only as a convenience, and the inclusion
of any link does not imply affiliation, endorsement, or adoption by Boeing Management
Company of the site or any information contained therein. When leaving the Boeing
Management Company site, you should be aware that Boeing Management Company's terms
and policies no longer govern, and, therefore, you should review the applicable
terms and policies, including privacy and data gathering practices, of that site.
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Submissions
You agree that any materials, including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, original or creative materials or other
information, provided by you in the form of e-mail or submissions to Boeing Management
Company, or postings on this Site, are non-confidential (subject to Boeing Management
Company's Privacy Policy) and may be utilized by Boeing Management Company and its'
representatives to review your requests for use of licensed materials.
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Export Restrictions [may be appropriate for software downloads]
Any software and all underlying information and technology downloaded from this
Site (collectively the "Software") by you may be subject to U.S. export controls,
including the Export Administration Act (50 U.S.C. Appx.
§§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts
730-774), and may be subject to export or import regulations in other countries.
You are responsible for complying with all trade regulations and laws both foreign
and domestic. Except as authorized by law, you agree and warrant not to export or
re-export the Software to any county, or to any person, entity, or end-user subject
to U.S. export controls, including without limitation persons or entities listed
on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties
List and the U.S. Department of Treasury's Specially Designated Nationals. You further
represent and warrant that no U.S. federal agency has suspended, revoked, or denied
your export privileges.
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Financial Material Disclosure
Forward-Looking Statements. This Site, and any documents issued by
Boeing/Boeing Management Company and available through this Site, may contain statements
which constitute forward-looking statements within the meaning of the U.S. Private
Securities Litigation Reform Act of 1995. Those statements can be identified by
the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate"
or similar statements or the negative of these words. Forward-looking statements
include statements made as to future operations, costs, capital expenditures, cash
flow, improvements in infrastructure, distribution and replenishment systems and
operating efficiencies, sales and earnings estimates or trends and expansion plans
and projections. These forward-looking statements are based on our current expectations.
Known and unknown internal and external risks and uncertainties may cause the actual
results to be materially different from those expressed in or implied by the forward-looking
statements. The information contained in the most recent Boeing/Boeing Management
CompanyAnnual Reports to stockholders, including information
contained under the section captioned "Management's Discussion and Analysis," as
well as other information included under the caption "Risk Factors" and/or in other
Boeing/Boeing Management Companyfilings with the Securities
and Exchange Commission, identifies important factors that could cause actual results
to differ from those contemplated by forward-looking statements. Boeing/Boeing Management
Company undertakes no obligation to update forward-looking statements to reflect
events or circumstances that occur after the date the statements were made.
Press Releases. The information contained within press
releases issued by Boeing/Boeing Management Company should not be deemed accurate
or current except as of the date the release was posted. Boeing/Boeing Management
Company has no intention of updating, and specifically disclaims any duty to update,
the information in the press releases. To the extent any information therein is
forward-looking, it is intended to fit within the safe harbor for forward-looking
statements, and is subject to material risk.
Third-Party Financial Information.
Boeing Management Company may provide links to third-party Web sites or services
that contain financial or investment information about Boeing Management Company.
Access to such Web sites and the information contained therein is provided as service
to those interested in the information. Boeing Management Company neither regularly
monitors nor has control over the content of third parties' statements or Web sites.
Accordingly, Boeing Management Company does not endorse or adopt these Web sites
or any information contained therein, including, without limitation, analyst's reports
and stock quotes. Boeing Management Company makes no representations or warranties
whatsoever regarding the accuracy or completeness of the content, information, or
opinions of third-party Web sites or other third-party information that is identified
on the Site. Users visit these Web sites and use the information contained therein
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Disclaimers
"AS IS" BASIS. THIS SITE AND THE MATERIALS
CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING
ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH
THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. BOEING MANAGEMENT
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS
ON THE SITE. BOEING MANAGEMENT COMPANY DOES NOT REPRESENT OR WARRANT THAT MATERIALS
IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. BOEING MANAGEMENT
COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING,
TEXT, OR PHOTOGRAPHY. WHILE BOEING MANAGEMENT COMPANY ATTEMPTS TO ENSURE YOUR ACCESS
AND USE OF THE SITE IS SAFE, BOEING MANAGEMENT COMPANY CANNOT AND DOES NOT REPRESENT
OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
Boeing Management Company reserves the right to change any and all content contained
on this Site at any time without notice. Reference to any products, services, processes,
or other information, by trade name, trademark, manufacturer, supplier, or otherwise
does not constitute or imply endorsement, sponsorship or recommendation thereof
by Boeing Management Company.
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Limitation of Liability
IN NO EVENT SHALL BOEING MANAGEMENT COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT,
TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR
ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BOEING MANAGEMENT COMPANY (WHETHER
IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED),
PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING
TO THE USE OF BOEING MANAGEMENT COMPANY'S SITE EXCEED $5.00 OR THE COMPENSATION
YOU PAID BOEING MANAGEMENT COMPANY, WHICHEVER IS LESS.
Certain laws do not allow limitations on implied warranties, or the exclusion or
limitation of certain damages. If these laws apply, some or all of the above disclaimers,
exclusions, or limitations, may not apply to you, and you may have additional rights
to those contained herein.
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Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with
the laws of the State of Washington, applicable to agreements made and entirely
to be performed within the State of Washington, without resort to its conflict of
law provisions. You agree that any action at law or in equity arising out of or
relating to these terms and conditions shall be filed only in state or federal court
located in the State of Washington, USA, and you hereby irrevocably and unconditionally
consent and submit to the exclusive jurisdiction of such courts over any suit, action
or proceeding arising out of these terms and conditions.
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Termination
Notwithstanding any of these terms and conditions, Boeing Management Company reserves
the right, without notice and in its sole discretion, to terminate your license
to use the Site, and to block or prevent future access to and use of the Site.
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Severability
If any provision of these Site Terms shall be deemed unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these terms
and conditions and shall not affect the validity and enforceability of any remaining
provisions.
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