Effective April 8, 2019
You must be at least 18 years old to access and use the Platform.
Description of Services
The Rotabull Platform is an online, multichannel listing platform for the buying and selling of aviation parts. The actual contract for sale is directly between the seller and buyer. The Platform acts only as an intermediator and Rotabull does not participate in or represent any party in specific transactions. While we take reasonable steps to ensure that listings on the Platform are accurate, complete and current, we do not guarantee the existence, quality, safety or legality of offered aviation parts; ; the ability of sellers to sell specific parts; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
In order to access the Platform, you will need to register or create an account. You should not use another's account without permission. When registering, you must provide an accurate and valid email address and create a unique password. You are solely responsible for the activity that occurs on your account, and you must keep your password secure. Please notify us immediately of any breach of security or unauthorized use of your account. Although Rotabull will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses to us or others due to such unauthorized use. It is a condition of your use of the Platform that all the information you provide will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to the Platform or any of its features, and to terminate or suspend your access at any time, without notice.
Conditions of Use
When accessing and using the Platform, you agree not to:
- use the Platform for any illegal or unauthorized purpose;
- post, list or upload inappropriate content on the Platform;
- not access or use the Platform unless you are 18 years or older;
- fail to pay for items purchased by you or fail to deliver items sold by you unless the material conditions of the relevant agreement are not met;
- interfere with any other user's listings;
- post false, inaccurate, misleading, deceptive, defamatory, pornographic or libelous content;
- distribute viruses or any other technologies that may harm the Platform or the interests or property of users on the Platform;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access the Platform for any purpose;
- interfere with the operation of the Platform;
- infringe the Intellectual Property Rights (copyright, trademark, patent) that belong to Rotabull or a third party; or
- circumvent any technical measures we use to provide the Platform.
In addition, when you participate on the Platform as either a buyer or seller, you are representing that you have the right, power and legal capacity to enter into an agreement to buy or sell aviation parts. You also agree to comply with all applicable laws with respect to your online activities as well all laws applicable to the buying and selling of aircraft parts, including but not limited to US Export Administration Regulations, International Traffic in Arms Regulations or similar restrictions.
You are hereby provided a limited, non-exclusive, no-cost, revocable and non-transferable license to access and use the Platform. The content on the Platform is for informational purposes only and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Rotabull’s prior written permission. Printable records from the Platform may be printed for your personal, non-commercial use only but may not be distributed to any third party except to be shared with a counterparty to a sale. Users may be subject to administrative disciplinary action, civil charge, or criminal penalty for the unauthorized or improper use of the Platform, content on the Platform or this limited license.
Title to all content on the Platform remains with Rotabull or its licensors, as indicated. Any use of the content not expressly permitted herein is a breach of this limited license and may violate copyright, trademark, or other laws. Content and features on the Platform are subject to change or termination without notice in our discretion. All rights not expressly granted herein are reserved to Rotabull or its licensors.
You are responsible for all materials that you submit for posting on the Platform. In addition, by submitting material to the Platform, including but not limited to descriptions of offered aviation parts by sellers, you are representing that you are the owner of the material or are making your submission with the express consent of the owner or that the material is in the public domain. You grant us a world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such material on the Platform. You also grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also agree that we, including our third-party partners, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
No submissions may be posted anonymously but must include your real name and your affiliation with any person or entity, if any.
Third-party content may appear on or may be accessible via links from the Platform. Rotabull is not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on or accessible from the Platform. Rotabull neither endorses nor promotes any third-party content.
Fees and Payment
We may charge you fees in order for you to access and use the Platform. We use a third-party payment processor for the payment of all fees. All payments are final and non-refundable. Rotabull reserves the right to modify these fees at any time without notice.
Disclaimer of Representations or Warranties
THE PLATFORM IS PROVIDED ON AN "AS IS" AND AN “AS AVAILABLE” BASIS. ROTABULL, ITS LICENSORS, AND ITS SUPPLIERS AND VENDORS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN ADDITION, ROTABULL, ITS LICENSORS, AND ITS SUPPLIERS AND VENDORS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE PLATFORM.
YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. WE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OF OUR CONTROL. ALTHOUGH INFORMATION THAT YOU SUBMIT MAY BE PASSWORD PROTECTED, WE DO NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE PLATFORM AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE TO THE PLATFORM.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
You acknowledge and agree that Rotabull is not a party to any agreements executed between buyers and sellers that are facilitated through the Platform, and Rotabull will not have any liability under such agreements.
IN NO EVENT SHALL ROTABULL, ITS LICENSORS, ITS SUPPLIERS OR VENDOR, OR ANY THIRD PARTIES IDENTIFIED ON THE PLATFORM BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROTABULL, ITS LICENSORS, ITS SUPPLIERS OR VENDORS, OR ANY THIRD PARTIES IDENTIFIED ON THE ROTABULL ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Copyright: Notice and Takedown Procedure
If you believe any materials accessible on the Platform infringe your copyright, or a copyright belonging to a third party, you may request removal of those materials (or access thereto) from the Platform by contacting Rotabull's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Rotabull's agent for copyright issues relating to the Platform is as follows:
Attn: Legal Department
250 Lafayette, 3A
New York, NY 10012 USA
Phone: +1 (347) 871-7163
The Rotabull trademarks, service marks, product and service names, and other corporate indicia are the property of Rotabull, Inc. You agree not to display or use in any manner any of our trademarks, etc. without our prior permission.
You can terminate your access to the Platform at any time and for any reason by deleting your user profile. Rotabull will not refund any payment resulting from the termination of your access.
Located in United States
Rotabull and the Platform are located in the State of New York, United States. If you access the Platform from outside the United States, you do so at your own risk and are responsible for compliance with applicable laws of your jurisdiction.
Governing Law; Jurisdiction
In any dispute you may have with other users, whether as a buyer or seller, on the Platform, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Comments and Questions
250 Lafayette, 3A
New York, NY 10012 USA
Phone: +1 (347) 871-7163