Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provideaccurate, current and complete information about you as may be prompted by anyregistration forms on the Site ("Registration Data"); (b) maintainthe security of your password and identification; (c) maintain and promptlyupdate the Registration Data, and any other information you provide to Company,to keep it accurate, current and complete; and (d) be fully responsible for alluse of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
FliteTest.com, FliteTest, FLITE TEST, and other Company graphics,logos, designs, page headers, button icons, scripts and service names areregistered trademarks, trademarks or trade dress of Company in the U.S. and/orother countries. Company's trademarks and trade dress may not be used,including as part of trademarks and/or as part of domain names, in connectionwith any product or service in any manner that is likely to cause confusion andmay not be copied, imitated, or used, in whole or in part, without the priorwritten permission of the Company.
You understand that except for advertising programs offered by uson the Site, the Service and the Site are available for your personal,non-commercial use only. You represent, warrant and agree that no materials ofany kind submitted through your account or otherwise posted, transmitted, orshared by you on or through the Service will violate or infringe upon therights of any third party, including copyright, trademark, privacy, publicityor other personal or proprietary rights; or contain libelous, defamatory orotherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
Plagiarize (e.g., take or use without express permission) any portion of any posted text, articles, stories, writings or works;
Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
Use automated scripts to collect information from or otherwise interact with the Service or the Site;
Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory,infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent,invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials,"junk mail," "spam," "chain letters,""pyramid schemes," or any other form of solicitation;
Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including,without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Intimidate or harass another;
Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
Use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our Works Policy that provides further information regarding the authorizedconduct of users on FliteTest.com.
User Content Posted on the Site
You are solely responsible for the photos, profiles, messages,notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") onor through the Service or the Site, or transmit to or share with other users(collectively the "User Content"). You may not post, transmit, orshare User Content on the Site or Service that you did not create or that youdo not have permission to post. You understand and agree that the Company may,but is not obligated to, review the Site and may delete or remove (withoutnotice) any Site Content or User Content in its sole discretion, for any reasonor no reason, including without limitation User Content that in the solejudgment of the Company violates this Agreement or the Works Policy, or whichmight be offensive, illegal, or that might violate the rights, harm, orthreaten the safety of users or others. You are solely responsible at your solecost and expense for creating backup copies and replacing any User Content youpost or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and directus to make such copies thereof as we deem necessary in order to facilitate theposting and storage of the User Content on the Site. By posting User Content toany part of the Site, you automatically grant, and you represent and warrantthat you have the right to grant, to the Company an irrevocable, perpetual,non-exclusive, transferable, fully paid, worldwide license (with the right tosublicense) to use, copy, publicly perform, publicly display, reformat,translate, excerpt (in whole or in part) and distribute such User Content forany purpose on or in connection with the Site or the promotion thereof, toprepare derivative works of, or incorporate into other works, such UserContent, and to grant and authorize sublicenses of the foregoing. You mayremove your User Content from the Site at any time. If you choose to removeyour User Content, the license granted above will automatically expire, howeveryou acknowledge that the Company may retain archived copies of your UserContent.
We respect the intellectual property rights of others and weprohibit users from uploading, posting or otherwise transmitting on the FliteTest.comwebsite or service any materials that violate another party's intellectualproperty rights. When we receive proper Notification of Alleged CopyrightInfringement as described in our CopyrightPolicy, we promptly remove or disable access to the allegedly infringingmaterial and terminate the accounts of repeat infringers as described herein inaccordance with the Digital Millenium Copyright Act. If you believe that anymaterial on the Site infringes upon any copyright which you own or control, youmay send a written notification of such infringement to our Designated Agent.Please see our CopyrightPolicy for moreinformation on how to report infringement of your copyright.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) andother applicable law, Company has adopted a policy of terminating, inappropriate circumstances and at Company's sole discretion, members who aredeemed to be repeat infringers. Company may also at its sole discretion limitaccess to the Site and/or terminate the memberships of any users who infringeany intellectual property rights of others, whether or not there is any repeatinfringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or theService) links to other web sites ("Third Party Sites") as well asarticles, writings, stories, works, photographs, text, graphics, pictures,designs, music, sound, video, information, and other content or items belongingto or originating from third parties (the "Third Party Content").Such Third Party Sites and Third Party Content are not investigated, monitoredor checked for accuracy, appropriateness, or completeness by us, and we are notresponsible for any Third Party Sites accessed through the Site or any ThirdParty Content posted on, available through or installed from the Site,including without limitation the content, accuracy, offensiveness, opinions,reliability, privacy practices or other policies of or contained in the ThirdParty Sites or the Third Party Content. Inclusion of, linking to or permittingthe use or installation of any Third Party Site or any Third Party Content doesnot imply approval or endorsement thereof by us. If you decide to leave theSite and access the Third Party Sites or to use or install any Third PartyContent, you do so at your own risk and you should be aware that our terms andpolicies no longer govern. You should review the applicable terms and policies,including privacy and data gathering practices, of any site to which younavigate from the Site or relating to any applications you use or install fromthe site.
You are solely responsible for your interactions with other FliteTest.comusers. We reserve the right, but have no obligation, to monitor disputesbetween you and other users.
The Company is not responsible or liable in any manner for anyUser Content or Third Party Content posted on the Site or in connection withthe Service, whether posted or caused by users of the Site, by FliteTest.com,by third parties or by any of the equipment or programming associated with orutilized in the Site or the Service. Although we provide rules for user conductand postings, we do not control and are not responsible for what users post,transmit or share on the Site and are not responsible for any inaccurate,incorrect, offensive, inappropriate, obscene, unlawful or otherwiseobjectionable content you may encounter on the Site or in connection with anyUser Content or Third Party Content. The Company is not responsible for theconduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from timeto time for maintenance or other reasons. Company assumes no responsibility forany error, omission, interruption, deletion, defect, delay in operation ortransmission, communications line failure, theft or destruction or unauthorizedaccess to, or alteration of, User communications. The Company is notresponsible for any technical malfunction or other problems of any telephonenetwork or service, computer systems, servers or providers, computer or mobilephone equipment, software, failure of email or players on account of technicalproblems or traffic congestion on the Internet or at any Site or combinationthereof, including injury or damage to User's or to any other person'scomputer, mobile phone, or other hardware or software, related to or resultingfrom using or downloading materials in connection with the Web and/or inconnection with the Service, including without limitation any Mobile Clientsoftware. Under no circumstances will the Company be responsible for any lossor damage, including any loss or damage to any User Content or personal injuryor death, resulting from anyone's use of the Site or the Service, any UserContent or Third Party Content posted on or through the Site or the Service ortransmitted to Users, or any interactions between users of the Site, whetheronline or offline.
THE SITE, THE SERVICE AND THE SITE CONTENT ARE PROVIDED"AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS ANDWARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIEDWARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ORNON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFICRESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORMAPPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT ORMATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE,COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITSSERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADINGOF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECTAND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREETHAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE(INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONSAT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FORYOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSSOF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content,software and other items used or contained in the Site and any Services offeredthrough the 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 orrecommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS MEMBERS, MANAGERS, OFFICERS,EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDINGFOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THESERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHERMATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANYIS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'SLIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TOCOMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THECOMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES AREPAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEFONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGESOF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIESOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLYTO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
The Company may terminate your membership, delete your profile andany content or information that you have posted on the Site and/or prohibit youfrom using or accessing the Service or the Site (or any portion, aspect orfeature of the Service or the Site) for any reason, or no reason, at any timein its sole discretion, with or without notice, including without limitation ifit believes that you are under 13, or under 18 and not in high school orcollege. When we are notified that a user has died, we will generally, but arenot obligated to, keep the user's account active under a special memorializedstatus for a period of time determined by us to allow other users to post andview comments.
Governing Law; Venue and Jurisdiction
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED INREGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TOTHOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALLDISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OFUSE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITEAND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to theextent that either of us has in any manner infringed upon or violated orthreatened to infringe upon or violate the other party's patent, copyright,trademark or trade secret rights, or you have otherwise violated any of theuser conduct rules set forth above or in the Code of Conduct then the partiesacknowledge that arbitration is not an adequate remedy at law and thatinjunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by theAmerican Arbitration Association (the "AAA") under its CommercialArbitration Rules and, in the case of consumer disputes, the AAA'sSupplementary Procedures for Consumer Related Disputes ( the "AAA ConsumerRules") (collectively the "AAA Rules"). The location of thearbitration and the allocation of costs and fees for such arbitration shall bedetermined in accordance with such AAA Rules and shall be subject to thelimitations provided for in the AAA Consumer Rules (for consumer disputes). Ifsuch costs are determined to be excessive in a consumer dispute, the Companywill be responsible for paying all arbitration fees and arbitrator compensationin excess of what is deemed reasonable. The arbitrator's award shall be bindingand may be entered as a judgment in any court of competent jurisdiction.
You agree to indemnify and hold the Company, its subsidiaries andaffiliates, and each of their managers, members, directors, officers, agents,contractors, partners and employees, harmless from and against any loss,liability, claim, demand, damages, costs and expenses, including reasonableattorney's fees, arising out of or in connection with any User Content, anyThird Party Content you post or share on or through the Site (including withoutlimitation through the Share Service), your use of the Service or the Site,your conduct in connection with the Service or the Site or with other users ofthe Service or the Site, or any violation of this Agreement or of any law orthe rights of any third party.
You acknowledge and agree that any questions, comments,suggestions, ideas, feedback or other information about the Site or the Service("Submissions"), provided by you to Company are non-confidential andshall become the sole property of Company. Company shall own exclusive rights,including all intellectual property rights, and shall be entitled to theunrestricted use and dissemination of these Submissions for any purpose,commercial or otherwise, without acknowledgment or compensation to you.
Please contact us at feedback@FliteTest.com for more information about this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONSCONTAINED ABOVE.