Two changes have been made to the
Terms of Use today:
§5 has been slightly amended:
You also grant netAirspace a limited license to modify your content, when needed. This includes measures like resizing photos, adding copyright bars and watermarks, correcting or enhancing information, and usage within the games in our Fun section. Other than that, we will not modify your content for creative purposes.
This has been proposed in July already (see
here), but was changed only now. There was no rush to do it, that's why we didn't implement the change any earlier.
The bigger change is the new §12 (the old §12 is now §13, etc.):
12. netAirspace Miles
netAirspace offers a bonus program called "netAirspace Miles". The participation in the program is linked to your membership with netAirspace, and is completely free of charge for all registered members.
It is not possible to purchase netAirspace Miles. You can earn miles exclusively through the site, by performing activities such as uploading photos to the site's photo database, earning predefined achievements or using other site features.
Accrued miles can be used to claim premiums, such as free upgrades to your membership, discounts at certain online shops, or bonus miles for certain airline bonus programs.
netAirspace provides no warranty that netAirspace Miles will be awarded correctly to you. All information provided throughout the site regarding the crediting of Miles is non-binding.
netAirspace does not guarantee the availability of premiums. Premium offers advertised by netAirspace throughout the site are always non-binding. Premiums can be cancelled, or the amount of Miles required for a premium can change any time, without advance notice, even after you requested a specific premium.
All premiums other than site memberships are subject to availability as well as to terms and conditions provided by third parties, such as online shops and airline bonus programs. These third-party terms may limit you in the way you can use your claimed premium. netAirspace is not responsible for such limitations. This applies especially (but not exclusively) to the purchase of airline miles.
Unless explicitly stated otherwise, netAirspace is not affiliated with third-party providers such as online shops or airlines.
netAirspace reserves the right to remove any amount of Miles from your account at any time. We will do this whenever we have reason to believe that you gathered Miles by inappropriate means, such as measures described in §6 (Prohibited Conduct).
By participating in the netAirspace Miles program, you agree that netAirspace Miles are non-monetary, do not represent a commercial value, do not represent an entitlement to premiums, may expire, are not refundable and not transferrable.
It was necessary to add this paragraph in order to define the terms behind our netAirspace Miles bonus program. This became rather urgent as we recently added the option to buy airline miles with netAirspace miles (I will open a separate thread about that in a minute
).
Reading the new §12, you will find that it does not sound very user-friendly. Rest assured that we do not intend to deprive any member of their well-earned premiums.
But there are certain risks for netAirspace linked to the program, that we needed to address. E.g. following scenarios:
- A new member signs up, uploads a photo, and the next day, that photo has 15,000,000 views. We may not have a safe way to prove that these views were not genuine. That's why need to reserve the right to remove any amount of miles from your accounts any time.
- A member claims a third-party premium (e.g. airline miles), and while processing the claim, we realize that the price for the premium has changed (e.g. because an airline changed the prices for buying miles). That's why we need to reserve the right to change the amount of netAirspace miles needed to claim a premium any time.
- A member claims a third-party premium (e.g. airline miles), and while processing the claim, we realize that the premium isn't available anymore at all (e.g. because the airline does not allow to buy miles anymore). That's why have to reserve the right to not deliver a premium.
Of course, we will do our best to avoid such situations, and chances are that none of these situations will ever occur. Still, Terms of Use are there to avoid legal trapdoors - and that's why we added §12.
As usual, this thread will remain open for discussion, so if you have any questions, comments or concerns, please do bring them forward.
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