Terms and Conditions
Acceptance of Terms
Rules and Conduct
By way of example, and not as a limitation, you shall not (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:
- infringes any patent, trademark, service mark, trade secret, copyright, right of privacy or publicity or other right of any other person or entity;
- includes video or a photograph of another person or an identifiable location that you have posted without that person’s or the owner of such location’s consent;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, sexually explicit or profane, depicts nudity, unlawful activities, death or violence, or encourages conduct that could constitute a criminal offense;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities and/or sales without flyfix’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- displays an advertisement, or accepts payment or anything of value from a third person in exchange for your performing any activity on or through the Service on behalf of that person, such as posting commercial content, or posting blogs or bulletins with a commercial purpose;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of flyfix Inc. or any third party; or
- impersonates any person or entity, including any employee or representative of flyfix
Additionally, you shall not:
- (i)take any action that imposes or may impose (as determined byflyfix in its sole discretion) an unreasonable or disproportionately small strain onflyfix’s infrastructure;
- (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or
- (iii) bypass any measuresflyfix may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).
You shall not (directly or indirectly):
- (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction,
- (ii) modify, translate, or otherwise create derivative works of any part of the Service or as explicitly provided on the Site, or
- (iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and regulations.
You shall not:
- (i) select or use as a flyfix username a name of another person with the intent to impersonate that person;
- (ii) use as a flyfix username a name subject to any rights of a person other than you without appropriate authorization; or
- (iii) use as a flyfix username a name that is otherwise offensive, vulgar or obscene.
flyfix reserves the right to refuse registration of, or cancel an flyfix username in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your flyfix password. You shall never use another user’s account without such other user’s express permission. You will immediately notify flyfix in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
All trademarks, service marks and trade names of flyfix used in the Site or the Service are trademarks or registered trademarks of flyfix, more specifically flyfix, inc. iPhone, iPod, and iPad are all trademarks of Apple Inc., and of Apple Inc. alone.
flyfix is an independent service provider. flyfix, its affiliates and each of its, and its affiliates’ employees, contractors, directors, suppliers and representatives, are in no way, shape, or form affiliated with Apple Inc.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. FLYFIX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
- (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
- (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE,
- (III) CONSEQUENCES OF USING THE SITE OR YOUR EXPOSURE TO ANY CONTENT OR USER SUBMISSIONS ON THE SITE,
- (IV) UNAUTHORIZED DISCLOSURE OF IMAGE, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF USER SUBMISSIONS, OR
- (V) STATISTICS PROVIDED TO YOU OR OTHER USERS OF THE SERVICE INCLUDING BUT NOT LIMITED TO SITE ACTIVITY, SEARCH RESULTS, OR CONTENT VIEWS. FLYFIX IS NOT RESPONSIBLE FOR ANY SEARCH RESULTS OR RANKINGS OR THE ADDITION OF OR CHANGE TO ASSOCIATED METADATA OF CONTENT ON THE SITE.
FLYFIX, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:
- (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
- (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
- (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- (D) THE SITE OR THE SERVICE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, OR
- (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
FLYFIX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SITE OR FEATURED IN THE CONTENT OF THE SITE OR ANY BANNER OR OTHER ADVERTISING, AND FLYFIX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT SHALL FLYFIX, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE
- (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES ARISING FROM
- (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR
- (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE SITE AND USE OF THE SERVICE,
- (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR
- (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless flyfix, its affiliates and each of its, and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and legal expenses, that arise from
- (i) your use or misuse of, or access to, the Service;
- (iii) the infringement by you, or any third party using your account, of any intellectual property, privacy, publicity or other right of any person or entity.
flyfix may deliver notice to you by means of telephone call, e-mail, a general notice through the site, or by other reliable method to the address you have provided to flyfix.
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under flyfix’s control, and you acknowledge that flyfix is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by flyfix or any association with its operators. You further acknowledge and agree that flyfix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.