FlightSharer

 


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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