THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF IN-FLIGHT MEDIA ASSOCIATES’ (“IN-FLIGHT”) INTERNET WEB SITE AT www.in-flightmedia.com (“THE “SITE”), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON, OR ITEMS AVAILABLE ON, THIS SITE. YOUR USE OF THE SITE IS DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.
General Use and Restrictions
All demonstrations, downloads, information, documents, services, text, photographs, designs, trademarks, logos, graphics, images, and other materials, items and information provided on this Site (collectively, the “Materials”) are provided to you by In-Flight and its licensors. The Materials are protected by copyrights, trademarks, trade names, service marks, trade dress, and/or other U.S. and international intellectual property and proprietary rights laws and regulations, and are owned by In-Flight or its licensors, as may be applicable. In-Flight grants to you the limited right to display the Materials only on your personal computer for your personal use or for internal business purposes. You acknowledge and agree that you have no right to reproduce, modify, edit, alter, distribute, create derivative works of, publish, license or sell any of the Materials in any manner. Any In-Flight software demonstrations and downloads available via the Site are subject to the applicable end user licenses agreements that may be provided to you by In-Flight. The limited license herein terminates automatically, without notice to you, if you breach any of these Terms. Except as stated herein, you acknowledge and agree that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of In-Flight.
While using the Site, you may not: (1) restrict or inhibit any other user from using and enjoying the Site; (2) post on the Site or transmit from the Site any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation U.S. export control laws and regulations; (3) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by In-Flight) or engage in spamming or flooding; or (4) post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.
All Materials are provided solely for informational purposes only. You should not rely on or use in any way any such information unless and until you have entered into a separate written agreement with In-Flight, if applicable, that sets forth terms and conditions, that are in addition to the terms set forth herein, for applicable Materials available to you on a commercial basis, if any.
Your privacy is important. In-Flight uses commercially reasonable efforts to respect and protect your privacy. It is In-Flight’s policy not to sell or rent any personally identifiable information about you to any third party other than at your request. However, In-Flight does aggregate information and disclose information in the aggregate to third parties for marketing, promotional and other purposes. By way of example and not of limitation, such aggregate information may include statistics concerning pages searched, click through advertisements, number of visits to the Site, from which domains users arrive to the Site, territories in which Site users are located, which browsers are preferred by Site users, popular days and times for using the Site, etc. However, In-Flight does not disclose to third parties any information that could be readily used to personally identify you.
Unfortunately, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described herein. By way of example, we may be compelled under law to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will remain private.
Third Party Sites
This Site may be linked to other sites on the Internet which are not under the control of or maintained by In-Flight. Such links do not constitute an endorsement by In-Flight of those sites. You acknowledge that In-Flight is providing these links to you only as a convenience and for information purposes only, and further agree that In-Flight is not responsible for the content of such third party sites or your association or interaction with any such third party sites.
Third Party Products
The Site may contain references to, or advertisements or promotions for, third party products. Such references, advertisements and promotions do not constitute an endorsement by In-Flight of such third party products. If you purchase any such products, all terms, conditions, warranties and representations associated with such products are solely between you and the applicable third party. In-Flight assumes no liability, obligation or responsibility for any part of any such transaction regarding third party products or services.
You acknowledge that you are responsible for all information and material that you submit on this Site (each a “Submission”), and that you, and not In-Flight, will have full responsibility for each such Submission. Unless otherwise explicitly stated herein, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis unless otherwise agreed by you and In-Flight in a separate written agreement.
You acknowledge that your unauthorized use of this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your identity. As such, you agree to indemnify and hold In-Flight entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by In-Flight in relation to or arising from any claim or demand by a third party as a result of use of the Site by you or any party using your identity.
Password Restricted Areas of the Site
Certain areas of the Site may be password restricted to authorized users (“Restricted Areas”). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password or your employees’ passwords and account information, if any, and agree to notify In-Flight if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify In-Flight of any unauthorized use of your account or any other breach of security in relation to the Site known to you.Disclaimer of Warranty and Limitation of Liability
You acknowledge and agree that this Site may include certain inaccuracies or errors which may affect the Materials, Bulletin Board Information, customer information, client projects or other items. You acknowledge and agree that neither the Materials nor the Bulletin Board Information have been independently verified or authenticated in whole or in part by In-Flight, and agree that In-Flight does not warrant the accuracy or timeliness of the Materials or Bulletin Board Information, and further agree that In-Flight has no liability for any errors or omissions in the Materials or Bulletin Board Information, whether provided by In-Flight, its licensors or any other party.
IN-FLIGHT, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF (1) ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND THE BULLETIN BOARD INFORMATION, (2) ANY THIRD PARTY SITE OR INFORMATION ACCESSED THROUGH THE IN-FLIGHT SITE, OR (3) ANY THIRD PARTY PRODUCTS OR SERVICES APPEARING ON THE SITE OR THAT YOU PURCHASE FROM A THIRD PARTY. UNLESS OTHERWISE EXPLICITLY STATED, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON OR PROVIDED VIA THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND AS AVAILABLE BASIS, AND IS FOR PERSONAL OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
NEITHER IN-FLIGHT NOR ANY OF ITS LICENSORS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, INABILITY TO GAIN ACCESS TO OR USE THE SITE, LOSS OF DATA, INCOME OR PROFITS), REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), AND EVEN IF IN-FLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES SET FORTH IN THIS AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES REGARDING YOUR USE OF THE SITE.
In-Flight has no obligation to monitor the Site. However, you acknowledge and agree that In-Flight has the right to monitor the Site electronically from time to time and to disclose any information, including your personal information, as necessary or appropriate to satisfy any law, regulation or other governmental request, or to protect itself or the Site users. In-Flight will not intentionally monitor or disclose any private electronic-mail message unless required by law. You acknowledge that In-Flight will report to law enforcement authorities any actions which may be considered illegal, as well as any reports it receives of such conduct. When requested, In-Flight will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
In-Flight controls and operates this Site from its headquarters in the United States of America and makes no representation that the Materials are appropriate or will be available for use in other locations. In using the Site, you are entirely responsible for complying with all laws, including, without limitation, export control laws, applicable to your use of the Site.
If you violate these Terms or abuse the Site, In-Flight reserves the right to terminate your use of the Site without notice to you. In-Flight reserves the right to refuse to post to and remove from the Site any information or materials, in whole or in part, that, in In-Flight’s sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms. You agree that In-Flight and its licensors may make improvements and/or changes to this Site at any time without notice, and you further agree that In-Flight can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.
Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the non-exclusive jurisdiction of the courts located in California for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of In-Flight to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by In-Flight in writing. The Terms comprise the entire agreement between you and In-Flight and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
All updates to these policies will be posted here. Last updated: 3.5.07
TM and © 2011 In-Flight Media Associates. All Rights Reserved.