Last Updated: January 24, 2020
What Information does Flight Collect and why?
The information we collect and the purposes for collection vary depending on the source of the information, as described in more detail below. The information we collect includes but is not limited to the following categories of Personal Information:
Identifiers and profile information: This includes information like your name, email address, user name, avatar and other profile and account information. This also includes certain digital identifiers like your IP address, unique device identifier and advertising identifier.
Geolocation data: This includes broad geographic location.
Internet of other electronic network activity: This includes anything you post, upload, share, store or otherwise provide through the Services (“User Submissions”) as well as information about how your device has interacted with our Services, including the pages accessed and links clicked, or our products. This may include information like your IP address, device type, unique device identifiers, advertising identifiers, browser-type, broad geographic location (e.g. country or city-level location) and other technical information.
Audio and electronic information: This includes anything you post, upload, share, store or otherwise provide through the Services (“User Submissions”).
Inferences: This includes inferences we may draw about you from the Personal Information listed above.
We only use your Personal Information for our legitimate business purposes which are described in more detail below but include:
- providing you with the Services;
- maintaining or servicing your account and profile;
- providing customer services;
- detecting security incidents and maintaining the quality and safety of the Services; and
- maintaining, improving and developing our products and services.
Information You Provide to Us
We receive and store any information you provide to us voluntarily. For example, through the registration process and/or through your account settings, we may ask you to provide Personal Information such as your name, email address, user name and password. We need this information to register your account with us and deliver the Services or it may be required to take advantage of some of our features.
We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we will use this to email you about your use of the Services and respond to any correspondence and service-related enquiries you send us. We may also send you promotional email offers on behalf of Flight or other businesses, where we have your permission to do so. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by emailing us at email@example.com or by following the opt-out instructions contained in such emails.
Information Collected Automatically
Information Collected From Other Sources
From time to time, we may receive certain information about you from other sources, such as social media platforms, third-party data providers and our joint marketing partners, but only where we have taken steps to ensure these third parties either have your consent or are otherwise legally permitted or required to disclose your Personal Information to us. We use this data in order to enhance our Services and improve our ability to provide relevant marketing, offers and services to you. For more information about our third-party analytics service providers, please see the section below titled “Analytics”.
Will Flight Share Any of the Personal Information it Receives?
Information that’s been de-identified: We may de-identify your Personal Information so that you are not identified as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners, who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we will never disclose aggregate usage or de-identified information to a partner in a manner that would identify you as an individual.
Our Service Providers and Agents: We employ other companies and people to perform tasks on our behalf and need to share your Personal Information with them to provide products or services to you. Unless we tell you differently, our service providers and agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
User Profiles and Submissions: Certain user profile information, including your name, email address, avatar, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. You have control over who sees your information. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments.
Business Transfers: We may choose to buy or sell assets, and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
We may also disclose your Personal Information to any other person with your consent.
We do not and will not rent or sell your Personal Information in personally identifiable form to anyone (pursuant to the California Consumer Privacy Act 2018).
What Cookies and Similar Technologies Does Flight Use?“Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. Cookies set by us are called “first party cookies” while Cookies set by parties other than us are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the Services (e.g. like advertising, interactive content and analytics). In some countries, including countries in the European Economic Area, information collected through Cookies may be considered to be Personal Information under applicable data protection laws.
You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of Cookies, but this may prevent you from taking advantage of some of our features.
To find out more about cookies, including how to see what cookies have been set, visit www.allaboutcookies.org.
What is Flight's legal basis for processing my Personal Information?
If you are a user from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.
However, we will normally collect your Personal Information only where we have your consent to do so, where we need your Personal Information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Information from you.
If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not (as well as of the possible consequences if you do not provide it). Similarly, if we collect and use your Personal Information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided below.
Is my Personal Information secure?
We use appropriate technical and organizational measures to protect the Personal Information that we collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your Personal Information.
Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
Will Flight transfer my Personal Information abroad?
Your Personal Information may be transferred to, and processed in, a country other than the country in which you are resident. Specifically, we are based in the US and our servers are located in the USA, and our third-party service providers operate around the world. This means that when we collect your Personal Information we may process it in any of these countries.
How long will Flight retain my Personal Information for?
We will only retain your Personal Information where we have an ongoing legitimate business need to do so (for example, to provide you with the Services or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymise it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
What Personal Information can I access?
Through your account settings, you may access, and, in some cases, edit or delete the following information you’ve provided to us:
- name and password
- email address
- user profile information, including images and videos you have uploaded to your Flight board
When you update your information, we may maintain a copy of the unrevised information in our records. When you delete information from your account, some information may also remain in our records after your deletion of such information. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at firstname.lastname@example.org.
What choices do I have?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.
Depending on where you are located and your country or state of residence, you have certain rights regarding your Personal Information. These rights may include:
- The right of access – the right to request that we disclose what Personal Information we have collected, used and disclosed about you.
- The right of deletion – the right to request that we delete Personal Information collected or maintained by us, subject to certain exceptions.
- The right to non-discrimination – the right not to receive any discriminatory treatment when you exercise one of your privacy rights.
- The right to withdraw consent or object to processing – if we have collected and process your Personal Information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent. Similarly, if we rely on our legitimate interests to collect and process your Personal Information you can object to the processing, subject to certain exceptions.
- The right to restrict processing of your Personal Information or request the portability of your Personal Information – the right to request that we restrict what Personal Information we process about you and the right to receive your Personal Information in a structured and commonly used format, subject to certain exceptions.
- The right to opt-out of marketing – the right to opt-out of marketing communications we send you. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the e-mails we send you.
- The right to prevent disclosure of Personal Information to third parties for direct marketing purposes – California residents are entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties’ direct marketing purposes.
- The right to complain – the right to complain to a data protection authority about our collection and use of your Personal Information. For more information, please contact your local data protection authority.
You may be able to add, update, or delete information through the Services as explained above. You can also exercise your rights at any time by contacting us using the contact details provided below. You can exercise these rights yourself or you can also alternatively designate an authorized agent to exercise them on your behalf. We respond to all requests we receive from users wishing to exercise their data protection rights in accordance with applicable data protection laws.
What if I have questions about this policy?
If you have any questions or concerns regarding our privacy policies, or wish to exercise any of your privacy rights, please send us a detailed message to email@example.com, and we will try to resolve your query.
If you are located in the European Economic Area, the controller of your Personal Information is Flight Labs, Inc.
Last Updated: January 24, 2020
Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org.
For your convenience, we have organized the Terms into three parts.
A. General Terms. This is where you can find the basic commercial and legal terms about the Services as well as terms about your rights and responsibilities.
B. Other Important Terms. This is where you can find other important legal terms, including terms that affect your rights about how you can resolve a dispute with us.
C. European Terms. In this section, we address some differences in the Terms if you reside in Europe.
By accepting these Terms you confirm that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
A. General Terms
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We may make changes to the Services or these Terms to implement technical adjustments or improvements (for instance, to address a security threat) or to reflect changes in relevant laws and regulatory requirements. We may also make more significant changes to the Services, like removing unused features, and may update or require you to update the Services as new features or technology arise. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on our website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Under certain data protection and privacy laws, including the Children’s Online Privacy Protection Act (“COPPA”), online service providers are required to obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
What are the basics of using Flight?
You may be required to sign up for an account, and select a password and user name (“Flight User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. Without limiting the restrictions below, you may not select as your Flight User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).
You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
Your use of a Flight board is subject at all times to these Terms and to any capacity limitations we impose (such as limits on file size uploads and storage space). Your use of the Services is subject to additional restrictions as set forth here.
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
- Infringes or violates the intellectual property rights or any other rights of anyone else (including Flight);
- Violates any law or regulation, including, without limitation, any applicable export control laws;
- Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your Flight account or anyone else’s (such as allowing someone else to log in to the Services as you);
- Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, or cracks any passwords or security encryption codes;
- Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
- “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
- Copies or stores any significant portion of the Content;
- Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Flight’s) rights.
You understand that Flight owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
Do I have to grant any licenses to Flight or to other users?
For all User Submissions, you hereby grant Flight a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected.
If you store a User Submission in your own personal Flight account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you grant Flight the license above, as well as a license to display, perform, and distribute your Personal User Submission for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to do so.
If you share a User Submission only in a manner that only certain specified users can view (for example, allowing one or more other users to edit a Flight board) (a “Limited Audience User Submission”), then you grant Flight the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
If you share a User Submission publicly on the Services and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services (each of the foregoing, a “Public User Submission”), then you grant Flight the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all Flight users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Services. Also, you grant all other users of the Services a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Services.
You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide, provided that when you delete your Flight account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from Flight’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.
Finally, you understand and agree that Flight, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
What if I see something on the Services that infringes my copyright?
We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. If you believe that any Content infringes your intellectual property rights, you may submit a notification to Flight pursuant to the Digital Millennium Copyright Act (the “DMCA”) or other applicable copyright laws. To review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here. To learn more about the DMCA, click here. Flight does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Flight has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Flight will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Flight shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Flight is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Flight, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 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.”
Will Flight ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to make changes to the Services at any time, but if we do, we will try to bring it to your attention by placing a notice on our website, by sending you an email, and/or by some other means. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What if I want to stop using the Services?
Flight is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including (i) your breach of these Terms, (ii) an extended period of inactivity, (iii) non-payment of any fees due to Flight or another party in relation to your use of the Services, or (iv) a change to the Services or reasons relating to technical or security issues. Except where you are in breach of these Terms, we will try to notify you before terminating or suspending your access to the Services. Flight has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account.
If you have deleted your account by mistake, contact us immediately at firstname.lastname@example.org – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
I use the Flight App available via the Apple App Store – should I know anything about that?
These Terms apply to your use of all the Services, including the iPhone, iPod Touch, and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application:
- Both you and Flight acknowledge that the Terms are concluded between you and Flight only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Flight, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Flight, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Flight acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Flight acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
B. Other Important Terms
Warranty Disclaimer. Neither Flight nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Flight or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY FLIGHT (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. If you reside in Europe, nothing in this section shall affect your statutory rights.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL FLIGHT (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO FLIGHT IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Flight, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Flight’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. We will contact you to let you know if we plan to do this. If you don’t agree with the transfer, you are free to stop using the Services without penalty. If you use the Services in any way after a transfer is effective, that means you consent to the transfer.
Choice of Law. If you reside in the United States or in another country outside of Europe, these Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof. If you reside in Europe, these Terms are governed by and will be construed under the laws of the country where you are domiciled.
Disputes and Claims. We encourage you to contact us if you have any concerns with respect to the operation of the Services. If you pursue legal action, any claim must be resolved by the processes set out in these Terms. If you reside in the United States or in another country outside of Europe, you agree that any dispute or claim will be resolved pursuant to the Arbitration Agreement. If you reside in Europe, you may bring legal proceedings in respect of the Services in the courts of the country where you are domiciled. For the avoidance of doubt, if you reside in Europe (including the EU, Norway, Iceland, Lichtenstein, Switzerland or the United Kingdom) the Arbitration Agreement shall not apply to any claims or disputes arising out of your use of the Services.
Arbitration Agreement. PLEASE READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH FLIGHT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. Both you and Flight acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Flight’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND FLIGHT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
- Arbitration Rules; Applicability of Arbitration Agreement. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in San Francisco County, California. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
- Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. Flight will pay all arbitration fees for claims less than $10,000. Flight will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
- Small Claims Court. Furthermore, either you or Flight may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work.
- Waiver of Jury Trial. YOU AND FLIGHT WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Flight are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Flight over whether to vacate or enforce an arbitration award, YOU AND FLIGHT WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
- Opt-out. You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out either by email email@example.com or by mail, postmarked within 30 days of first accepting these Terms to the following address: [insert mailing address]. Your notice (whether submitted via email or via mail) must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.
- Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Flight to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and Flight agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in San Francisco County, San Francisco.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Flight may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Flight agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Flight, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Flight, and you do not have any authority of any kind to bind Flight in any respect whatsoever.
Except as expressly set forth in the section above regarding the Apple Application, you and Flight agree there are no third party beneficiaries intended under these Terms.
C. European Terms
When Do These Terms Apply? If you are located in Europe (including the EU, Norway, Iceland, Lichtenstein, Switzerland or the United Kingdom), then the following provisions apply to you. In the event of a conflict between the terms in this 'European Terms' section and those set out elsewhere in the Terms, the terms of this 'European Terms' section shall apply.
The Arbitration Agreement shall not apply to any claims or disputes arising out of your use of the Services.
The sections 'Indemnity' and 'Limitation of Liability' are replaced as follows:
Limitation of Liability. If we supply defective digital content to you that damages a device or digital content belonging to you, and this damage is caused by our failure to use reasonable care and skill, then we will pay you compensation. However:
- We will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We will not be responsible for any damage which was caused by events outside of our control.
- We will not be responsible to you for lost data or corruption to data.
- We are only responsible to you for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
- We only supply our Services for domestic and private use, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- Our total liability to you in any event for all other losses arising under or in connection with our Services and any agreement between us (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) shall be limited to the greater of $100 or the total amount you've paid to Flight in connection with the Services in the twelve (12) month period preceding the claim.
Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); (b) fraud or fraudulent misrepresentation; or (c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
Indemnity. To the fullest extent allowed by applicable law, you are responsible for and will compensate Flight, its affiliates, officers, agents, employees, and partners for any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims caused by (a) your intentional or negligent use of the Services (including any actions taken by a third party using your account), and (b) your intentional or negligent violation of these Terms.
Except to the extent expressly stated in these Terms, all terms that may be implied under applicable law are excluded.
Copyright Dispute Policy
Last Updated: January 24, 2020
In accordance with the DMCA, we’ve adopted the policy below toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our affiliates, content providers, members or users and (2) remove and discontinue service to repeat offenders.
(1) Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Services infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to the Flight’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Flight is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
(2) Once Proper Bona Fide Infringement Notification is Received by the Designated Agent. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- remove or disable access to the infringing material;
- notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- (c) terminate such content provider's access to the Services if he or she is a repeat offender.
(3) Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Flight is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Flight may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Flight may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Flight's discretion.
Flight's designated copyright agent can be reached as follows.
c/o Flight Labs, Inc.
181 S Park St #6
By phone: 415-926-8966
By email: firstname.lastname@example.org