Terms of Services
ACCEPTANCE OF TERMS
You should carefully read these Terms.
We reserve the right to revise these Terms at any time by updating this posting, and also to modify or terminate any products, services or features on the Site at any time. All products, services or features available on or through this Site are subject to these Terms.
By signing up for our mailing list or a product purchase or subscription, you represent, acknowledge and agree that you are at least the age of majority in your jurisdiction of residence. If you are a parent or legal guardian who is registering on behalf of a minor, you hereby agree to bind said minor to this Agreement and to fully indemnify and hold us harmless if said minor breaches or disaffirms any term or condition of this Agreement.
LIMITATIONS ON USE
You may browse the Site, and you may download material displayed on the Site, all for non-commercial, personal use only. You may not remove any copyright, trademark or other proprietary notices from materials you download. Nor may you distribute, modify, transmit, reuse, re-post, or use any material from the Site for public or commercial purposes. These limitations apply to all material on the Site, including but not limited to the text, computer code, images, audio and video. Any use contrary to these limitations is a violation of the intellectual property rights of Flyte.70 and/or its contributors. Unless otherwise noted, all material on the Site and all products available for purchase through the Site (the “Products”) are copyrighted.
You may not deep-link to the Site for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Site.
By submitting to us any Submissions, you represent and agree as follows:
The Submissions are your own. You did not copy them from anyone else. You have the right to submit them to us for publication.
We shall have the right to post (or to elect not to post) the Submissions on the Site, and to modify them in any way we deem appropriate, either before or after posting.
Our right to use the Submissions is royalty-free (that is, without payment to you), and extends to all media, whether now existing or later discovered, including but not limited to print, film, electronic, etc. (not limited to our Site). This permission is non-exclusive, permanent, irrevocable and worldwide.
You must include your name and e-mail address with any submission so we can contact you with any questions. Your name (but not your e-mail address) will be posted with the Submissions on the Site and any other media in which we publish the Submissions. If you object to any modification(s) we make to the Submissions, you may request to have your name removed from any later publications.
We are not responsible for any content, advice or information furnished or posted by members or other third parties, including but not limited to postings on any bulletin boards, chat rooms, member tips, or other spaces that invite submissions.
SUBMISSIONS TO OTHER SITES
We do not claim ownership of user-generated content and material, including, but not limited to: any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on the Site, or on any affiliated websites, social media accounts or through other methods we provide for posting or sharing such content with us (collectively “Submissions to Other Sites”). Subject to the licenses granted below, you retain ownership of any rights you may have in your Submissions to Other Sites.
By sharing any Submissions to Other Sites, you grant to Flyte.70 a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, modify, create derivative works from, distribute, reproduce, sell, display, transmit, use and otherwise exploit all or any portion of the Submissions to Other Sites, as well as your name, persona and likeness included in any Submissions to Other Sites and any information associated with the Submissions to Other Sites (including personally identifiable information), in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology.
Flyte.70 retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any Submissions to Other Sites for any reason or no reason.
By submitting or posting Submissions to Other Sites on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your Submissions to Other Sites with us, you represent and warrant that: (i) you own or control any and all rights in and to the Submissions to Other Sites, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the Submissions to Other Sites to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you and any individuals that appear in the Submissions to Other Sites are at least the age of majority in your jurisdiction of residence; and (iv) the Submissions to Other Sites do not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any contact information or (e) contain computer viruses, worms or other harmful files.
By submitting or posting the Submissions to Other Sites you release Flyte.70 and its officers, directors, employees and agents from any and all claims, demands, damages, costs and expenses of any kind whatsoever, arising out of the use by Flyte.70 or you of the Submissions to Other Sites, including, without limitation, any and all claims that use of the Submissions to Other Sites pursuant to these Terms violates any of your intellectual property rights.
We use reasonable efforts to include accurate and up-to-date information in the Site, but makes no warranties as to its accuracy. We have not reviewed any sites linked to the Site and are not responsible for the content of any off-Site pages or any sites linked to the Site. Your access to, and use of, the Site, including your linking to any other off-Site pages or other sites, are at your own risk.
Any merchandise, coupons, offers, products or services offered to you through links to the Site are provided by third parties who are not affiliated with Flyte.70. We do not endorse any third-party sites or any offers available through any such sites. We have no responsibility for any transactions and communications between you and any third party, including but not limited to any personal information you may choose to provide to any third party.
Although we have tried to accurately display the colors and shades of our products on our website, the actual colors you see will depend on the device and display you are using to view the product(s), and therefore we cannot guarantee that the colors and shades of the products you order will match those portrayed to you.
DISCLAIMER OF WARRANTIES
EVERYTHING ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FLYTE.70 DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF ANY PRODUCTS, SERVICES, FEATURES, INFORMATION OR ADVICE ON THE SITE, AS WELL AS FOR ANY SUCH ITEMS OR OTHER CONTENT AVAILABLE THROUGH ANY LINKS TO THE SITE.
DISCLAIMER AND LIMITATION OF LIABILITY
Flyte.70 and its affiliates and their respective members, managers, officers, employees, contractors and agents (in each case, a “Released Party”) shall not be liable for any direct, indirect incidental, consequential, or punitive or other damages or losses of any kind whatsoever arising out of your access to, or use of, the Site, including but not limited to any failure of performance, error, omission, interruption, defect or computer virus, or the deletion, failure to store, misdelivery or unavailability of any information, material, products, services or features, even if advised of the possibility of such damages or losses. Each Released Party’s maximum liability to you for all claims, including but not limited to negligence, shall in no event exceed one dollar (US$1.00).
INDEMNITY AND RELEASE
As a material inducement to provide you with use of the Site, by using the Site, (i) you release each Released Party from any and all claims, demands, damages, costs and expenses of any kind whatsoever relating in any way to use of the Site or any materials downloaded from this Site and (ii) you indemnify, defend and hold each Released Party harmless from and against any and all demands, damages, liability, claims, actions, demands and costs incurred by such Released Party in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys’ fees and costs.
If you have a dispute involving the Site with a third party, you release each Released Party from all claims, demands, damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in these Terms are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement. Some jurisdictions do not allow the exclusion of implied warranties or certain forms of damages, so some of the above exclusions may not apply to you.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site and the Products, are the Trademarks of Flyte.70, except as otherwise noted. All other Trademarks, publicity rights and other rights are the property of their respective owners. You do not have any license or right, by implication, estoppel, or otherwise, to use any Trademark, image or other material displayed on the Site without the written permission of Flyte.70 or the third party that may own the relevant material.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
We will respond as quickly as practical to any claims that infringing material appears on the Site, including investigating any such claims and taking any appropriate action under applicable laws. If we receive a notice of infringement in accordance with the Digital Millennium Copyright Act (the “Act”), we will take steps to remove or disable access to the allegedly infringing material, including any links thereto. We may terminate access for any person who is a repeat infringer. Notices of alleged infringement should be sent to:
Attention: Registered Copyright Agent
FLT Plan, LLC
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If we remove or disable access to any allegedly infringing material, we may attempt to contact the person who has posted that material to give that person a chance to respond. If there is a response, we will share it with the party who originally complained about the alleged infringement, and will give that party an opportunity to seek a court order or other judicial relief in accordance with the Act before we replace or restore access to the allegedly infringing material.
Flyte.70 reserves the right to pursue any and all legal and equitable remedies against anyone violating these Terms and Conditions, including but not limited to terminating access to the Site. Any failure by Flyte.70 to enforce any of our rights hereunder shall not be deemed a waiver of such rights or of any other rights.
These terms and conditions are governed by the laws of the Commonwealth of Massachusetts, without regard to principles of the conflicts of laws, and may not be modified except as expressly stated herein. Any disputes relating hereto or to any use of this Site shall be resolved exclusively in the State or Federal Courts located in Suffolk County, Massachusetts, and you and Flyte.70 both consent to the jurisdiction of such courts for any such disputes. Unless otherwise specified, this Site is made available only to provide information about Flyte.70 and its Products and services. Flyte.70 controls and operates this Site from its headquarters near Boston, Massachusetts, USA, and makes no representation or warranty that materials in the Site are appropriate or available for use in any other jurisdictions. If you use this Site from elsewhere, you are responsible for compliance with all applicable local laws.