Diio and SRS Terms of Service

By accessing, browsing, or using this Website (defined as mi.diio.net) and any of its content or information, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.  If you do not agree to all of these terms, do not use this Website.

1. This Website is a service made available by Diio (collectively "Hosts") and by the aviation data providers to this Website ("Providers"). All data, software, documentation, information and other materials provided on and through this Website ("Content") may be used only under the following terms and conditions ("Terms of Service") and any applicable licenses. Usage of this Website is restricted to specific, named licensed users from organizations which have agreed in a written contract to pay the Hosts to use the services this Website provides, and to specific, named trial users from organizations which are considering entering into such a contract (collectively "Users").

    

2. this Website may contain other proprietary notices, licenses and copyright information, the terms of which must be observed and followed by Users. In the event of any conflict between the license(s) applicable to Content on this Website and the Terms of Service, the applicable license(s) prevail.

    

3. The Providers and Hosts assume no responsibility regarding the accuracy of the Content. Any Content downloaded or obtained from this Website is done at the User's own risk. It is up to the User to take precautions to ensure that whatever is selected by the User does not contain items such as viruses, worms or other items of a destructive nature. The Providers and Hosts provide no assurances that any problems with, or bugs in, the Content will be resolved. Except as otherwise expressly stated, by providing the Content, the Hosts do not grant any licenses to any copyrights, patents or any other intellectual property rights.

    

4. The Hosts use reasonable endeavors to ensure that this Website is available 24 hours a day 7 days a week. However, the Hosts reserve the right to perform regularly scheduled maintenance on the site. During these times, the entire site, portions of the site, or certain Content may be unavailable or may operate at reduced speed. In addition there may be occasions when this Website will be interrupted due to failure of telecommunications links and equipment that are beyond the control of the Hosts. Every reasonable step will be taken by the Hosts to minimize such disruption where it is within the reasonable control of the Hosts. The User agrees that the Hosts and the Providers shall not be liable for any modification, suspension or discontinuance of this Website.

    

5. The Providers and Hosts make no representations whatsoever about any other website that Users may access through this Website or through a link from this Website. When Users access another website, even one that may contain this Website's name or mark, please understand that it is independent, and that the Providers and Hosts have no control over the content on other websites and that such link does not mean that the Providers or Hosts endorse or accept any responsibility for the content on, or the use of, such website.

    

6. In no event will the Providers and/or Hosts be liable to the User or any other individual or entity for any direct, indirect, incidental, punitive, special or consequential damages related to any use of this Website, its Content or on any other hyper-linked website, including, without limitation, any lost profits, lost sales, lost revenue, loss of goodwill, business interruption, loss of programs or other data even if the Providers or Hosts are expressly advised or aware of the possibility of such damages or losses.

    

7. All Content is provided by the Providers and Hosts on an "As Is" basis only. Users assume all risk of loss for the use thereof. The Providers and Hosts provide no representations, conditions and/or warranties, express or implied, including, without limitation, the implied warranties of fitness for a particular purpose, merchantability and noninfringement.

    

8. Users acknowledge that the Hosts: (I) have discretion to determine whether to post or not make Content available on this Website; and (II) can move or delete Content at any time for any reason. The Content on this Website may contain technical inaccuracies or typographical errors. The Content may be changed or updated without notice. The Hosts and Providers may also make improvements and/or changes to the Content at any time without notice.

    

9. The User agrees to be responsible for providing accurate and complete information about the User during registration and to updating such information to keep it current. The Hosts may, in their sole discretion, terminate the accounts or access rights of Users who may have provided inaccurate or incomplete information during registration.

    

10. When Users first login to this Website they are asked to provide a password. You the User are responsible for all activities that occur under your password, so you should keep your password confidential. You must notify the Hosts immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. The Hosts reserve the right to require you, the User to alter your password if the Hosts believe that your password is no longer secure.

     

11. The Providers and Hosts reserve the right to investigate complaints or reported violations of these Terms of Service, and/or applicable licenses and copyright information on this Website and to take any action they deem appropriate including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

     

12. The Providers and Hosts reserve the right to seek all remedies available at law and in equity for violations of these Terms of Service, including, but not limited to, the right to block access from a particular Internet address or Username to this Website.

     

13. The Content provided on this Website is provided under the terms and conditions of the applicable license(s) on this Website. Any Content posted or transmitted by the User is made available to Providers and Hosts under the terms of the license(s) applicable to contributing such Content to this Website. Users are prohibited from posting or transmitting to or from this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. For all Content, including, without limitation, proprietary and confidential information uploaded, submitted or otherwise made available by the User on this Website or to the Providers and/or the Hosts (collectively "Material"), the User grants (or warrants that the owner of such rights has expressly granted) the Hosts a worldwide, unrestricted, royalty-free, fully paid up, irrevocable, perpetual, non-exclusive license to use, make, reproduce, import, compile, prepare derivative works of, publicly display, publicly perform, transmit, sell, distribute, sublicense, demonstrate, market, disclose, have made, offer for sale, lease, transfer or otherwise exploit such Materials, and/or derivative works thereof, and authorize third parties to do any, some or all of the foregoing including, but not limited to, sublicensing others to do any, some or all of the foregoing indefinitely.

     

14. The User agrees that this Website and all documentation, enhancements, bug fixes, upgrades, modifications, customizations, derivative works, whether or not developed by the Hosts, and all information, methods and processes and intellectual property contained therein (collectively, the "Intellectual Property"), are and shall remain owned by the Hosts. The Hosts have exclusive title to and solely have all patent, copyright, trademark, trade secret and other intellectual property rights in and to the Intellectual Property. The Hosts reserve all rights to the Intellectual Property not expressly granted herein.

     

15. The User agrees that the User will not and will not allow others to: (a) make unauthorized use, disclosure or copying of the Intellectual Property; (b) disassemble, decompile, recast, or reverse engineer the Intellectual Property or create substantially similar Intellectual Property; (c) rent, loan, lease, sublicense (except as permitted to other Users), transfer, network, reproduce, display, or otherwise distribute the Intellectual Property; (d) copy the Intellectual Property in any form; or (e) modify, alter, delete or obscure any proprietary rights notice embedded in or affixed to the Intellectual Property. The User shall ensure the compliance of these Terms of Service by their employees, agents, officers, directors and other representatives and shall bear the responsibility for any breach of these Terms of Service by them.

     

16. The User agrees to keep the Confidential Information (as defined below) strictly confidential in the same manner and with the same care and discretion that the User treats its own most confidential and sensitive information. The User agrees not to publish, disclose, divulge or disseminate the Confidential Information to any third party. The User further agrees to grant access to Confidential Information only to the User's employees who are under an obligation to keep the Confidential Information confidential and who will not disclose any such Confidential Information. The User agrees that they will not, at any time, without written permission of the Hosts: (a) copy or duplicate the Confidential Information, or any part thereof; (b) use the Confidential Information to develop functionally similar computer software; or (c) permit any third party to do any of the foregoing. "Confidential Information" shall include this Website (in object and source codes), Documentation, Intellectual Property, any ideas, improvements, features, customizations, enhancements, inventions, know-how or other intellectual property created, invented, conceived, suggested, developed or reduced to practice by either the User or the Hosts or Providers pursuant to this Agreement. Upon termination, the User shall immediately cease all use of the Confidential Information, in whatever form.

     

17. The User agrees to limitations placed on the use of international DB1B (10% sample O&D level) data by the U.S. DOT. The DOT clearly states that users of international DB1B data MAY NOT share the data at any point with parties who are not employed by U.S.-owned entities, which would include foreign airlines, foreign airports or foreign governments. Additionally, the data may not be used for publication where readers may not be U.S. citizens or affiliates of non U.S.-owned entities.

    The User also agrees that they will apply with the DOT for permission to use the DB1B information. Visit the DOT's information page. Download the permission form or PDF

     

18. The Hosts reserve the right to change the terms, conditions, and notices under which this Website is offered and the User agrees to accept and be bound by those terms, conditions, and notices that are in effect at the time of use.

     

19. California law and controlling U.S. Federal law govern any action relating to these Terms of Service without regard to any jurisdiction's choice law rules. Users agree to submit all such disputes to the personal and exclusive jurisdiction of the state and federal courts located within the county of Santa Clara, California USA.