Carrier Terms
1 AIRBORNE CHARTER
The Airborne Charter contains the commercial manifesto of Airborne. It is not a
legally binding document. Instead, it is a social, philosophical and practical insight
into the Airborne world. You are strongly encouraged to read the Airborne
Charter before you start using the Site, you Carrier Account and/or the
Airborne Service.
2 DEFINITIONS
2.1.1 “Artist” means any sound recording artist that formally establishes
a presence on the Airborne Service by registering an “Artist
Portal”;
2.1.2 “Artist Material” means any content uploaded by an Artist or
Group to the Airborne Service and includes –
2.1.2.1 Music;
2.1.2.2 any other copyright, trademark, design or logo which
forms part of, or is displayed or used by you on the Artist
Portal including, without limitation, any graphics, logos,
designs text and images;
2.1.3 “Airborne” means Airborne Limited (Registration No. 108870)
incorporated as a private company under Companies (Jersey) Law
1991, with its registered office situated at Brundel House, 3 Old
Street, St Helier, Jersey, JE2 3RG;
2.1.4 “Airborne Charter” means the commercial manifesto of Airborne
and is accessible at here;
2.1.5 “Airborne Service” means the digital platform, accessible through
the Site, which enables Carriers to interact with Artists and use
Music in accordance with the terms of the Creative Commons
Licence;
2.1.6 “Business Day” means any day other than a Saturday, Sunday or
public holiday in the Island of Jersey;
2.1.7 “Carrier” means you, if you have –
2.1.7.1 registered with Airborne and created a Carrier Account;
and
2.1.7.2 Carried one or more Artists and/or Groups.
For purposes of the Terms, “Carrier”, “you” or “your” are used
synonymously and interchangeably;
2.1.8 “Carrier Account” means the account created by you upon your
registration with Airborne, use of which is regulated by the Terms;
2.1.9 “Carrier Account Credit” means the amount, in USD, standing to
the credit of your Carrier Account from time to time which you can
use to Carry Artists or Groups;
2.1.10 “Carry”, “Carries” or “Carrying” means to align and identify
yourself as a fan of a particular Artist in accordance with, and for
purposes of, the Airborne Service;
2.1.11 “Creative Commons Licence” means a Creative Commons
Attribution Non – Commercial – Share Alike licence;
2.1.12 “Download” means to download Music from Artists or Groups in
accordance with, and for the purposes of, the Airborne Service.
2.1.13 “Drop” means when you cease to Carry an Artist in accordance
with, and for the purposes of, the Airborne Service;
2.1.14 “Confidential Information” means any and all information
provided by you in the course of using the Site and/or you Carrier
Account and/or the Airborne Service, including any payment
related information or personal information supplied by you;
2.1.15 “Share” means the act by you of transmitting Music to other
Carriers and/or third parties (who are not Carriers) in accordance
with, and for the purposes of, the Airborne Service;
2.1.16 “Group” means one or more Artists who perform Music together
under a common name and style;
2.1.17 “Intellectual Property” means any copyright, trademark, design or
logo which forms part of, or is displayed or used on the Site or the
Airborne Service including, without limitation, any graphics, logos,
designs text, button icons, images, audio clips, digital downloads,
data compilations, page headers and software BUT expressly
excludes any Artist Material uploaded by an Artist to the
Airborne Service (including, without limitation, any Music);
2.1.18 “Music” means a digital sound recording;
2.1.19 “Quarantined Account” refers to the status of a Carrier Account
that has had access to an Artist or Group suspended by Airborne,
as more fully described in clause 7.1;
2.1.20 “Streaming” means to access, in real time, through your Carrier
Account, in real-time, Music that has been uploaded by an Artist or
Group to the Airborne Service;
2.1.21 “Terms” means these Terms;
2.1.22 “Site” means the website operated by Airborne from time to time
through which your Carrier Account, and in turn, the Airborne
Service is accessed by you, presently with the following address
www.airbornemusic.com;
2.1.23 “USD” or “$” means United States Dollars;
2.2 For purposes of these Terms, any agreement, undertaking, warranty or
indemnity given by you in these Terms is given on the basis that such
agreement, undertaking, warranty and indemnity is express, unconditional
and irrevocable.
PART 1 – REGISTRATION
3 REGISTRATION AND FORMATION OF A CARRIER ACCOUNT
Registration
3.1 You are required to register with Airborne through the Site before you will
be entitled to use the Airborne Service.
3.2 In order to register with Airborne, you are required to provide all of the
information required in the registration form and will be explicitly required
to agree to these Terms.
3.3 By registering with Airborne, you will create a Carrier Account. Upon
successful registration, you will be provided with an email notification from
Airborne confirming the details of your Carrier Account.
Contract Formation
3.4 Upon receipt of this email by you, a contract will have been formed
between you and Airborne on the Terms.
3.5 You will be able to access the Terms at any time on the Site.
PART 2 – CARRIER ACCOUNT
4 PRICING AND PAYMENT TERMS
30 day free trial
4.1 Following registration you will be entitled to access and use the Airborne
Service at no charge to you for a period of 30 days after the date on which
your Carrier Account is registered.
4.2 If you wish to continue using the Airborne Service after the expiration of
the 30 day period referred to in clause 4.1, you will be charged for such
use on the terms set out below. In this regard, you will be required to
register certain payment related information with Airborne (which you may
amend at any time and from time to time) . Please note that Airborne
accepts only the following payment methods -
4.2.1 credit card (MasterCard and Visa only);
4.2.2 through a PayPal account.
Requirement to Carry
4.3 For purposes of the Airborne Service,
4.3.1 you are required, for as long as you have a Carrier Account, to
Carry a minimum of at least 1 Artist or Group per month;
4.3.2 your Carrier Account will immediately be debited for $ 1 for each
Artist or Group that you Carry.
4.4 To avoid doubt, please note that if you choose to Carry an Artist or Group
at any time during any month, your Carrier Account will be debited at the
date and time of the Carry, irrespective of whether you Drop that Artist
within the same month.
4.5 From the date and time that you Carry an Artist or Group, you will be
entitled to access, through your Carrier Account, all Artist Material –
4.5.1 that has been uploaded to the Airborne Service by that Artist or
Group within the preceding 30 day period; and
4.5.2 that is uploaded to the Airborne Service by that Artist or Group
within the proceeding 30 day period.
4.6 On the expiration of the 30 day period referred to in clause 4.5.2, your
Carrier Account will automatically be debited as set out in clause 4.3.2
(and you will be deemed to have Carried that Artist or Group and the
provisions of clause 4.5 and this clause 4.6 will be applicable again)
unless you do not wish to continue to Carry that Artist or Group as
contemplated above, in which case you must Drop that Artist or Group by
selecting that option on your Carrier Account..
Carrier Account Credit
4.7 You are obliged, at all times, to have sufficient Carrier Account Credit to
pay for each Carry that you make in accordance with the Airborne Service.
4.8 In this regard, you will be able, at any time and from time to time, to
increase your Carrier Account Credit with a minimum amount of $ 6 at a
time.
4.9 Airborne will send you an email on the date on which your Carrier Account
Credit is down to a nil balance. From the date of receipt of this email, you
will have a period of 30 days within which to sufficiently increase your
Carrier Account Credit to continue to Carry Artists and/or Groups in
accordance with these Terms, and in particular, this clause 4.
Insufficient Carrier Credits
4.10 If you have not chosen the Automatic Credit Top-Up option described in
clause 4.12 and you fail to credit your Carrier Account with sufficient
Carrier Account Credits to Carry a particular Artist or Group, your Carrier
Account will automatically become a Quarantined Account in respect of
that Artist or Group at 00h01 on the first day after the expiration of the 30
day period referred to in clause 4.5.2.
4.11 To avoid doubt, if you Carrier Account becomes a Quarantined Account in
respect of any Artist or Group as described in clause 4.1,–
4.11.1 you will still have access to your Carrier Account; and
4.11.2 all Artists or Groups in relation to which your Carrier Account is not
an Account in Quarantine shall remain unaffected.
Automatic Credit Top-Up
4.12 Please note that Airborne offers an “Automatic Credit Top-Up” feature on
the Airborne Service. If you select this option to apply to your Carrier
Account –
4.12.1 your Carrier Account Credit will be increased by an amount that is
sufficient to ensure that you comply with your obligation in clause
4.7;
4.12.2 you are entitled at any time to de-select this option from applying
to your Carrier Account, in which event you will be obliged to credit
your Carrier Account in accordance with clause 4.9.
Payment Method
4.13 For purposes of this clause 4 any increase in your Carrier Account Credit
will be given effect to by the relevant amount being debited from the credit
card or PayPal account details provided by you in accordance with clause
4.2 (and as amended by you from time to time).
Currency
4.14 All pricing reflected in these Terms and on the Site and Airborne Service is
in USD.
5 CARRIER ACCOUNT MANAGEMENT BY YOU
Your Carrier Account information
5.1 You agree that it is your sole and absolute responsibility to keep all of your
Carrier Account login and user information up to date, secure and
confidential.
Security
5.2 You must immediately notify Airborne in writing of any security breach in
respect of your Carrier Account that comes to your attention.
5.3 You are solely and absolutely responsible for any use of and activity on
your Carrier Account.
Cancellation of your Carrier Account
5.1 You are entitled at any time to cancel your Carrier Account.
6 CARRIER ACCOUNT MANAGEMENT BY AIRBORNE
6.1 Airborne is entitled, at any time and from time to time, to request that you
provide, in a form satisfactory to Airborne, documentary evidence
establishing and/or confirming your identity as the registered user of a
Carrier Account. If you do not provide such evidence within a timeframe
stipulated by Airborne, Airborne will be entitled to convert your Carrier
Account into a Quarantined Account until such time as you produce such
evidence to the satisfaction of Airborne.
6.2 You agree that Airborne is entitled in its sole and absolute discretion, at
any time and from time to time, to –
6.2.1 cancel your Carrier Account (in which event the provisions of
clause 7.2 will become operative); and
6.2.2 suspend your Carrier Account, in which event your Carrier
Account will immediately become a Quarantined Account and will
remain a Quarantined Account until such time as Airborne, in its
sole and absolute discretion decides otherwise.
7 QUARANTINED, SUSPENDED AND CANCELLED CARRIER ACCOUNTS
7.1 A Quarantined Account is a Carrier Account that has had access to an
Artist or Group suspended in accordance with and on the basis set out in
clause 4.1, by which it is meant that you will –
7.1.1 not be able to -
7.1.1.1 Download, Stream or Share any Artist Material that is
uploaded by that Artist or Group from the date and time at
which your Carrier Account becomes a Quarantined
Account;
7.1.1.2 Stream or Share any Artist Material uploaded by that Artist
or Group that you have Downloaded through the Airborne
Service to your Carrier Account prior to the date on which
your Carrier Account became a Quarantined Account;
7.1.2 be able to access and/or listen to any Artist Material uploaded by
that Artist or Group that you have Downloaded through the
Airborne Service prior to the date on which your Carrier Account
became a Quarantined Account.
7.2 If your Carrier Account is cancelled –
7.2.1 such cancellation will be effective immediately;
7.2.2 you will no longer be entitled or able to use the Airborne Service
from the date and time of such cancellation;
7.2.3 all information relating to your Carrier Account will be erased from
the Airborne Service;
7.2.4 you agree that all Carrier Account Credits at the date and time of
cancellation will be forfeited to Airborne and you will have no claim
of any nature to these amounts;
7.2.5 and you subsequently wish to use the Airborne Service, you must
again register with Airborne as described in clause 3.
PART 3 – USE OF AIRBORNE SERVICE
8 TECHNICAL REQUIREMENTS
8.1 The Site, your Carrier Account and the Airborne Service can be accessed
from any internet enabled device using up-to-date, recognised and
compliant web-browsing software.
9 CARRYING ARTISTS
No refunds
9.1 When you Carry an Artist or a Group, you are investing in the Airborne
philosophy, as articulated by the Airborne Charter. Due to the unique
nature of the Airborne Service, Carrier Account Credits, once credited by
you, is final and no refunds of any Carrier Account Credits will be given
under any circumstances.
Errors/defects
9.2 You are urged to check any Artist Material and to notify Airborne within 7
days of the date on which you Downloaded the Artist Material if it contains
any errors or defects, in which event Airborne will use commercially
reasonable endeavours to procure a remedied version of the Artist
Material.
9.3 Airborne shall not be under any obligation to procure a remedied version
of any Artist Material that contains errors or is defective if you fail to notify
Airborne in accordance with the timeframe referred to in clause 9.2
10 AIRBORNE SERVICE OPERATING RULES
10.1 Airborne has developed the Airborne Service Operating Rules to govern
certain aspects of your use of the Airborne Service. The Airborne Service
Operating Rules are expressly incorporated by reference into these Terms
and form part of these Terms for all purposes.
11 RESTRICTIONS ON USE OF THE AIRBORNE SERVICE
11.1 You agree that you will not at any time attempt or actually (whether alone
or in conjunction with any third party) -
11.1.1 alter, reverse-engineer, modify, circumvent, disable, amend,
tamper with or change any part of the Site and/or the Airborne
Service and/or your Carrier Account;
11.1.2 alter, reverse engineer, modify, circumvent, disable, amend,
tamper with or change any security features of the Site and/or the
Airborne Service;
11.1.3 infect the Site or the Airborne Service with any software, malware
or code that may infect, damage, delay or impede the operation of
the Site or the Airborne Service or which may intercept, alter or
interfere with any data generated by or received through the Site
or the Airborne Service.
11.1.4 use the Airborne Service for any commercial use;
11.1.5 use the Site or the Airborne Services to solicit services or work;
11.1.6 allow any third party to use your Carrier Account in any way or
deal with any Artist Material in any manner other than as permitted
by these Terms;
11.1.7 use any Artist Material as part of any service or scheme (whether
such service is free or not) for sharing, lending, or multi-person
use, other than through the Airborne Service on these Terms;
11.1.8 access any Carrier Account that is not your own;
11.1.9 register more than one Carrier Account in your name;
11.1.10 access (or attempt to access) any the Airborne Service by or
through any means other than through the interface that is
provided by Airborne.
12 THIRD PARTY ADVERTISING
12.1 From time to time, Airborne will display advertising and promotional items
generated by, and for, its commercial partners on the Site, whether
through the use of hyperlinks, banners or otherwise.
12.2 Any advertising and promotional items referred to in clause 12.1 are
provided on the Site for commercial purposes only and Airborne does not
necessarily endorse or approve such advertising and promotional items
and/or any services or products referred to in such advertising and
promotional items.
12.3 You agree that any reliance on, or use of, such advertising and
promotional items by you is entirely at your own risk. You are strongly
urged to consult the respective privacy policies of these third party
advertisers for more information on their practices and for instructions on
how to opt-out of certain practices. Airborne’s privacy policy does not
apply to, and Airborne cannot and does not control the activities of such
other third party advertisers or web sites.
13 INTELLECTUAL PROPERTY
Creative Commons Licence
13.1 All Music uploaded and made available by Artists through the Airborne
Service is done so in accordance with the Creative Commons Licence.
13.2 By registering a Carrier Account with Airborne you-–
13.2.1 agree that any Music that is made available to you through the
Airborne Service will only be used by you strictly in accordance
with the terms of the Creative Commons Licence; and
13.2.2 warrant that you have read and understood the terms of the
Creative Commons Licence and, further, that you have understood
the implications of the Creative Commons Licence insofar as its
relate to your use of any Music, the Site or the Airborne Service.
Use of the Site
13.3 You may use the Site and the Airborne Service for private and noncommercial use only.
13.4 You acknowledge and agree that all right, title and interest in, and to, any
Intellectual Property is, and will remain, vested in Airborne or is used
and/or displayed by Airborne pursuant to agreement with the proprietor of
such Intellectual Property. You agree that you will not at any time acquire
any rights of any nature in and to the Intellectual Property.
14 SITE CONTENT AND COMPLAINTS
14.1 Please note that Airborne is not able to control or monitor all of the content
that may appear on the Site or the Airborne Site from to time.
14.2 Airborne is committed to the principle of free expression, particularly
through the medium of the Music. In this regard, you are strongly
encouraged to read the Airborne Charter.
14.3 Accordingly, will Airborne will consider any complaint that you may have
regarding any offensive, defamatory or inappropriate content that is
uploaded on to the Site or through the Airborne Service. Airborne reserves
the right to respond to any complaint in the manner that it sees fit, given its
commitment to the principle of free expression. Airborne does not accept
any liability of any nature for any offensive, defamatory or inappropriate
content on the Site or the Airborne Service.
PART 4 – PRIVACY AND SECURITY
15 PRIVACY AND SECURITY
15.1 Any Confidential information provided by you to Airborne –
15.1.1 may be used by Airborne -
15.1.1.1 to operate, maintain, and improve the features and
functionality of the Site and/or your Carrier Account
and/or the Airborne Service;
15.1.1.2 for internal non-marketing or
administrative purposes;
15.1.2 will not –
15.1.2.1 be used by Airborne to send commercial or marketing
messages to you without your prior consent;
15.1.2.2 be sold, shared, made available or transmitted to any
third parties.
15.1.3 through your Carrier Account is stored by Airborne on a secure
database.
15.2 When you register a Carrier Account, certain information about your
Carrier Account will be provided to Artists or other Carriers. This may
include –
15.2.1 the date on which you registered your Carrier Account;
15.2.2 the date on which you last logged into your Carrier Account
15.2.3 the country in which you are based;
15.2.4 statistics relating to your use of the Airborne Service.
15.3 The name chosen by you for your Carrier Account is displayed to other
users when you use the Airborne Service, such as when you Download
Artist Material. Your email address will not be revealed to the other users
of the Airborne Service.
15.4 Your Carrier Account is highly customisable. You may choose to add
personal information about yourself that may include your name, gender,
profile picture or other details, that will be visible to users of the Airborne
Service.
15.5 You may at any time amend, update or correct your personal information
reflected on your Carrier Account, email preferences and privacy settings
by visiting your Carrier Account.
15.6 To make your user experience more convenient, the Site uses cookies
that require acceptance by your web browser software. If you do not wish
to accept a cookie, you are able to configure your web browser software to
enable you to decline a cookie that is to be sent to you. Please note that
if you configure your web browser software to decline cookies, the
Site (and the Airborne Service) will not function as intended.
15.7 Despite what is said above, you agree that Airborne is entitled to disclose
any Confidential Information to any competent legal or regulatory authority
that makes such a request and is lawfully entitled to obtain such
information from Airborne. In this instance, Airborne undertakes to disclose
only such information as is sufficient to satisfy such request.
PART 5 – GENERAL
16 WARRANTIES
16.1 You warrant to and in favour of Airborne that –
Payment
16.1.1 By tendering payment with a credit card, you warrant that –
16.1.1.1 you have provided accurate and complete credit card
details; and
16.1.1.2 you are authorised to make the relevant payment with
the credit card or debit card, as the case may be; and
16.1.1.3 there are sufficient funds available in the account to
which the credit card or debit card is linked to make the
relevant payment.
Legal Capacity
16.1.2 You have the legal capacity to enter agree to and be bound by the
Terms;
16.1.3 The Terms constitute an agreement valid and binding on you and
enforceable against you.
16.2 Each of the representations and warranties given by you, will –
16.2.1 be a separate warranty and will in no way be limited or restricted
by inference from the terms of any other warranty or by any other
words in the Terms;
16.2.2 continue and remain in force irrespective of whether –
16.2.2.1 your Carrier Account is suspended or cancelled; or
16.2.2.2 any of your rights as a Registered User are limited,
suspended or cancelled;
16.3 be deemed to be material.
17 EXCLUSION OF WARRANTIES
17.1 You agree that Airborne makes the Site and the Airborne Service available
to you on an “as is” basis.
17.2 Accordingly, Airborne does not make any warranties of any nature to you
regarding your use of the Site or the Airborne Service. To avoid doubt, but
without limitation, Airborne expressly does not warrant or guarantee –
17.2.1 that the Site or the Airborne Service will be fully functional at all
times;
17.2.2 that any particular functionality relating to your Carrier Account,
the Site and/or the Airborne Service will be available at all times;
17.2.3 that the Artist Material will be of any particular artistic or technical
standard or quality;
17.2.4 that any Artists will make any Music available at any given or
predetermined schedule;
17.2.5 that any Artist Material will be free from errors or defects.
18 LIMITATION OF LIABILITY
18.1 To the extent permitted under applicable law, under no circumstances
whatsoever, including as a result of Airborne’s negligent acts or omissions
or those of Airborne’s representatives or other persons for who Airborne
may be liable in law, will Airborne or its representatives (in whose favour
this constitutes a third party stipulation capable of acceptance in writing at
any time) be liable in any manner for any –
18.1.1 costs, claims, damages, awards, penalties, or other amounts
which may be suffered or incurred by you (or with which you have
been threatened) arising out of, whether directly or indirectly, your
use of the Site, your Carrier Account or the Airborne Service;
18.1.2 indirect, extrinsic, special, penal, punitive, exemplary or
consequential loss or damage of any kind whatsoever or
howsoever caused (whether arising under contract, tort or
otherwise and whether the loss was actually foreseen or
reasonably foreseeable), sustained by you arising out of, whether
directly or indirectly, your use of the Site, your Carrier Account or
the Airborne Service.
18.2 You agree that your sole and exclusive remedy for any dispute of any
nature with Airborne (whether in relation to your use of the Site, your
Carrier Account, the Airborne Service or otherwise) is to stop using the
Site, your Carrier Account and the Airborne Service and to immediately
cancel your Carrier Account.
19 INDMENITY
You indemnify and hold Airborne harmless against any losses, claims, damages,
penalties, claims, sums which may be suffered or incurred by Airborne (or which
Airborne may be threatened with) arising, whether directly or indirectly -
19.1 out of the use of your Carrier Account, the Site or the Airborne Service; or
19.2 the breach of any warranty given by you in clause 16.1.
20 GOVERNING LAW AND SUBMISSION TO JURISDICTION
Governing Law
20.1 The Terms will be governed at all times by the substantive laws of the
Island of Jersey.
Submission to Jurisdiction
20.2 You agree that any legal action or proceedings arising out of or in
connection with the Terms and/or use of the Airborne Service will be
brought in any competent court in the Island of Jersey, alternatively, at the
sole and absolute discretion of Airborne, any English court of competent
jurisdiction and irrevocably submit to the exclusive jurisdiction of such
courts.
21 WHOLE AGREEMENT
The Terms constitute the whole agreement between you and Airborne relating to
your use of your Carrier Account, the Site and the Airborne Service and
supersedes any other discussions, agreements and/or understandings regarding
your use of your Carrier Account, the Site and the Airborne Service.
22 AMENDMENT OF THE TERMS
22.1 Airborne is entitled in its sole and absolute discretion, at any time and from
time to time, to amend the Terms.
22.2 If Airborne amends the Terms as described above, it will immediately take
reasonable steps to draw your attention to the amendments. IT IS YOUR
RESPONSIBILITY TO REVIEW AND BE FAMILIAR WITH THE
AMENDMENTS TO THE TERMS.
22.3 All amendments to the Terms contemplated in this clause 22 will become
effective 30 days of the date on which you receive the email referred to in
clause 22.2.
Cessation of use
22.4 If you do not agree to any amendments to the Terms, you must –
22.4.1 stop using your Carrier Account and the Site; and
22.4.2 cancel your Carrier Account,
before the date on which the amendment becomes effective as
contemplated in cause 22.3.
Deemed Acceptance
22.5 If you continue to use the Site or your Carrier Account on or after the date
on which any amendment to the Terms become effective as contemplated
in cause 22.3, you will be deemed to have accepted and agreed to the
amended Terms in their entirety.
23 NO ASSIGNMENT
You will not be entitled at any time to cede, transfer or make over any of your
rights set out in the Terms or delegate, transfer or make over any of your
obligations set out in the Terms.
24 SEVERABILITY
Any provision of these Terms which is or may become illegal, invalid or
unenforceable in any jurisdiction affected by these Terms will, as to such
jurisdiction, be ineffective to the extent of such prohibition or unenforceability and
will be severed from the balance of these Terms, without invalidating the
remaining provisions of these Terms or affecting the validity or enforceability of
such provision in any other jurisdiction.
25 NO INDULGENCE
unenforceable in any jurisdiction affected by these Terms will, as to such
jurisdiction, be ineffective to the extent of such prohibition or unenforceability and
will be severed from the balance of these Terms, without invalidating the
remaining provisions of these Terms or affecting the validity or enforceability of
such provision in any other jurisdiction.
25 NO INDULGENCE
No extension of time or waiver or relaxation of any of the provisions of these
Terms by Airborne or any agreement or other document issued or executed by
Airborne pursuant to or in terms of these Terms, will operate as an estoppel
against Airborne in respect of its rights set out in these Terms, nor will it operate
so as to preclude Airborne (other than in relation to any extension, waiver or
relaxation actually given) thereafter from exercising its rights strictly in accordance
with these Terms.
26 NO THIRD PARTY STIPULATION
The Terms create a legally binding agreement between Airborne and you.
Accordingly, unless expressly stated to be the case, the Terms do not create rights
in favour of any third party