Terms of Use
Introduction
Welcome to FlightSharer. Please review the following basic
rules that govern your use of the FlightSharer.com site. Please
note that your use of the FlightSharer.com site constitutes your
unconditional agreement to follow and be bound by these Terms of
Use. FlightSharer.com reserves the right to update or modify
these Terms of Use at any time without prior notice to you. For
this reason, we encourage you to review these Terms of Use
whenever you use this Site.
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Use of this Site
By accepting these Terms of Use through your use of the Site,
you certify that you are 16 years of age or older. If you are
under the age of 16 but at least 13 years of age you may use
this Site only under the supervision of a parent or legal
guardian who agrees to be bound by these Terms of Use.
FlightSharer.com does not intentionally collect personal
information about children under the age of 13. Children under
the age of 13 may not use this Site other than for browsing, and
parents or legal guardians may not agree to these Terms of Use
on their behalf. If you are a parent or legal guardian agreeing
to these Terms of Use for the benefit of a child between the
ages of 13 and 16, be advised that you are fully responsible for
his or her use of this Site. If you do not agree to (or
cannot comply with) any of these terms and conditions, do not
use this Site. All information provided must be truthful and
accurate. Providing any untruthful or inaccurate information may
constitute a breach of these Terms of Use.
All materials that are part of this Site (collectively, the
"Contents") are intended solely for personal, non-commercial
use. You may download or copy the Contents and other
downloadable materials displayed on the Site for your personal
use only. No right, title or interest in any downloaded
materials or software is transferred to you as a result of any
such downloading or copying. You may not reproduce (except as
noted above), publish, transmit, distribute, display, modify,
create derivative works from, sell or participate in any sale of
or exploit in any way, in whole or in part, any of the Contents,
the Site. Any other use, including the reproduction,
modification, distribution, transmission, republication,
display, or performance, of the Contents on this Site is
strictly prohibited.
Third Party Sites: References on this Site to any names,
marks, products or services of third parties, or hypertext links
to third party sites or information are provided solely as a
convenience to you and do not in any way constitute or imply
FlightSharer.com's endorsement, sponsorship or recommendation of
the third party, its information, products or services.
FlightSharer.com is not responsible for the practices or
policies of such third parties, nor the content of any third
party sites, and does not make any representations regarding
third party products or services, or the content or accuracy of
any material on such third party sites. If you decide to link to
any such third party web sites, you do so entirely at your own
risk.
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Site Security
Users are prohibited from violating or attempting to violate the
security of the Site, including, without limitation, (a)
accessing data not intended for such user or logging onto a
server or an account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization; (c) attempting to
interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus to the Site,
overloading, "flooding," "spamming," "mailbombing" or
"crashing;" (d) sending unsolicited email, including promotions
and/or advertising of products or services; or (e) forging any
TCP/IP packet header or any part of the header information in
any email or newsgroup posting. Violations of system or network
security may result in civil or criminal liability.
FlightSharer.com will investigate occurrences that may involve
such violations and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in
such violations. You agree not to use any device, software or
routine to interfere or attempt to interfere with the proper
working of this Site or any activity being conducted on this
Site. You agree, further, not to use or attempt to use any
engine, software, tool, agent or other device or mechanism
(including without limitation browsers, spiders, robots, avatars
or intelligent agents) to navigate or search this Site other
than the search engine and search agents available from
FlightSharer.com on this Site and other than generally available
third party web browsers (e.g., Netscape Navigator, Microsoft
Explorer).
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Listing Acceptance
Please note that there may be certain listings that we are
unable to accept and must cancel. We reserve the right, at our
sole discretion, to refuse or cancel any listing for any reason.
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Listing Content: FlightSharer.com does
not warrant that listings or other content of this site is
accurate, complete, reliable, current, or error-free.
Objectionable Content: You understand that by using this
Site or any services provided on the Site, you may encounter
Content that may be deemed by some to be offensive, indecent, or
objectionable, which Content may or may not be identified as
such. You agree to use the Site and any service at your sole
risk and that FlightSharer.com and its affiliates shall have no
liability to you for Content that may be deemed offensive,
indecent, or objectionable.
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Quantity Limits & Dealer Sales
FlightSharer.com reserves the right, at our sole discretion, to
limit the quantity of listings placed per person. These
restrictions may be applicable to orders placed by the same
pilot certificate number, email address, or name.
FlightSharer.com also reserves the right, at our sole
discretion, to prohibit listings by dealers or businesses.
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Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks,
trade dress and/or other intellectual property owned, controlled
or licensed by FlightSharer.com, one of its affiliates or by
third parties who have placed advertisements on FlightSharer.com
and are protected by U.S. and international copyright laws. The
compilation (meaning the collection, arrangement, and assembly)
of all Contents on this Site is the exclusive property of
FlightSharer.com is also protected by U.S. and international
copyright laws.
FlightSharer.com reserves all intellectual property rights in
all text, programs, products, processes, technology, content and
other materials which appear on this Site. Access to this Site
does not confer and shall not be considered as conferring upon
anyone any license under any of FlightSharer.com's or any third
party's intellectual property rights.
No trademark or service mark license is granted in
connection with the materials contained on this Site. Access to
this Site does not authorize anyone to use any name, logo or
mark in any manner.
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User Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted or offered to
FlightSharer.com on or by this Site or otherwise disclosed,
submitted or offered in connection with your use of this Site
(collectively, the "Comments") shall be and remain
FlightSharer.com's property. Such disclosure, submission or
offer of any Comments shall constitute an assignment to
FlightSharer.com of all worldwide rights, titles and interests
in all copyrights and other intellectual properties in the
Comments.
Thus, FlightSharer.com will own exclusively all such rights,
titles and interests and shall not be limited in any way in its
use, commercial or otherwise, of any Comments. FlightSharer.com
will be entitled to use, reproduce, disclose, modify, adapt,
create derivative works from, publish, display and distribute
any Comments you submit for any purpose whatsoever, without
restriction and without compensating you in any way.
FlightSharer.com is and shall be under no obligation (1) to
maintain any Comments in confidence; (2) to pay to user any
compensation for any Comments; or (3) to respond to any user
Comments. You agree that any Comments submitted by you to the
Site will not violate this policy or any right of any third
party, including copyright, trademark, privacy or other personal
or proprietary right(s), and will not cause injury to any person
or entity. You further agree that no Comments submitted by you
to the Site will be or contain libelous or otherwise unlawful,
threatening, abusive or obscene material, or contain software
viruses, political campaigning, commercial solicitation, chain
letters, mass mailings or any form of "spam".
FlightSharer.com does not regularly review posted Comments,
but does reserve the right (but not the obligation) to monitor
and edit or remove any Comments submitted to the Site. You grant
FlightSharer.com the right to use the name that you submit in
connection with any Comments. You agree not to use a false email
address, impersonate any person or entity, or otherwise mislead
as to the origin of any Comments you submit. You are and shall
remain solely responsible for the content of any Comments you
make and you agree to indemnify FlightSharer.com and its
affiliates for all claims resulting from any Comments you
submit. FlightSharer.com and its affiliates take no
responsibility and assume no liability for any Comments
submitted by you or any third party.
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Use of Widgets Available on Our Site
As part of our Site, there may be forms available to you for
use in your flying operation and flight sharing arrangements. We
grant you a revocable, non-exclusive, worldwide, royalty-free
license for the duration of the term of this Agreement, solely
for purposes of facilitating a shared flight originated through
a contact made by this site. Referrals from your site or
personal page to the FlightSharer.com Site, are expressly
granted as long as they are aviation related and only contain a
simple description and url link.
Except for the license granted herein, you do not obtain any
rights under this Agreement in any intellectual property,
including, without limitation, any intellectual property with
respect to link formats, technical specifications, guidelines or
graphical artwork, or with respect to the FlightSharer.com
domain name. For avoidance of doubt, the foregoing license does
not grant you any right to use any FlightSharer.com trademarks,
service marks, trade names, domain names, trade dress or other
proprietary logo or indicia (collectively "Trademarks") except
as part of a url link.
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Indemnification
You agree to defend, indemnify and hold harmless
FlightSharer.com and its affiliates from and against any and all
claims, damages, costs and expenses, including attorneys' fees,
arising from or related to your use of the Site.
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Termination
These Terms of Use are effective unless and until terminated by
FlightSharer.com. FlightSharer.com also may terminate this
Agreement at any time and may do so immediately without notice,
and accordingly deny you access to the Site, if in
FlightSharer.com's sole discretion you fail to comply with any
term or provision of this Agreement. Upon any termination of the
Agreement by FlightSharer.com, you must promptly destroy all
materials downloaded or otherwise obtained from this Site, as
well as all copies of such materials, whether made under the
Terms of Use or otherwise. FlightSharer.coms right to any
Comments shall survive any termination of this Agreement.
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Disclaimer
THIS SITE IS PROVIDED BY FLIGHTSHARER.COM ON AN "AS IS" AND "AS
AVAILABLE" BASIS. FLIGHTSHARER.COM MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, FLIGHTSHARER.COM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, FLIGHTSHARER.COM
DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY
MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE
OF THE FLIGHTSHARER.COM WEB SITE, THAT YOUR USE OF THE SITE IS
AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART
OF THIS AGREEMENT.
MERCHANDISE CONTENT DISCLAIMER: PRODUCT INFORMATION
ACCESSED THROUGH ADVERTISEMENTS ON THIS SITE IS OBTAINED FROM
CLAIMS MADE BY THE PRODUCT'S MANUFACTURER. PLEASE NOTE THAT, ON
OCCASION MANUFACTURERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT
PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN
THAT SHOWN ON OUR WEB SITE, THUS WE CANNOT GUARANTEE OR ENSURE
THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT
INFORMATION. WE RECOMMEND THAT YOU DO NOT SOLELY RELY ON THE
INFORMATION PRESENTED AND THAT YOU ALWAYS READ LABELS, WARNINGS,
AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR
ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE
MANUFACTURER. FLIGHTSHARER.COM ASSUMES NO LIABILITY FOR
INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS
ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS
REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY
AND ARE NOT VERIFIED OR ENDORSED BY FLIGHTSHARER.COM.
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Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL
FLIGHTSHARER.COM OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS,
OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR
IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE
FLIGHTSHARER.COM WEB SITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK
STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR
MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF
FLIGHTSHARER.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES.
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General
This Agreement represents the complete agreement between the
parties and supersedes all prior agreements and representations
between them. Headings used in these Terms of Use are for
reference purposes only and in no way define or limit the scope
of the section. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable and the
other terms of this Agreement shall remain in full force and
effect. The failure of FlightSharer.com to act with respect to a
breach of this Agreement by you or others does not constitute a
waiver and shall not limit FlightSharer.com's rights with
respect to such breach or any subsequent breaches. This
Agreement shall be governed by and construed under California
law without regard to conflicts of law provisions. Any action or
proceeding arising out of or related to this Agreement or your
use of this Site must be brought in the state or federal courts
of California and you consent to the exclusive personal
jurisdiction of such courts.
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Changes to the FlightSharer.com Terms of Use
The Terms of Use was last updated on October 30, 2008. Please
check our Terms of Use periodically for changes.
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