The Service and Sites are intended solely for persons who are 13 years old or older. Any access to or use of the Service or any Site by anyone under the age of 13 is expressly prohibited. By accessing or using the Service or any Site, you represent and warrant that you are 13 years old or older.
In order to access or use certain features of the Service and/or a Site, you may be required to create an account ("Account") and become a "Registered User" of the Service, Site, or both. During the registration process you will be required to provide certain information and establish a username and a password. You agree to provide accurate, current, and complete information during the registration process and at other times when you use the Service or Site, and to update such information to keep it accurate, current and complete. 360fly reserves the right in its sole discretion to refuse to keep Accounts for, or provide services to, any individual. 360fly reserves the right to suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify 360fly of any unauthorized use of your Account.
"Content" means any links, text, graphics, images, music, audio, video(s), photos, information, code, files, or other digital materials. The Service, Sites, and all Content provided thereon or therein by 360fly and its licensors are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these TOU, 360fly and its licensors exclusively own all right, title, and interest in and to the Service, the Sites, and all Content supplied by 360fly and its licensors, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Service, any Site, or Content.
All trademarks, service marks, logos, trade names, and any other proprietary designations of 360fly used on any Site or as part of the Service are trademarks or registered trademarks of 360fly. Any other trademarks, service marks, logos, trade names, and any other proprietary designations used on any Site or as part of the Service are the trademarks or registered trademarks of their respective parties.
360fly respects copyright law and expects its users to do the same. 360fly has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
You agree not to do any of the following:
(1) Post, upload, publish, submit, or transmit any Content (including any links thereto) that: (i) infringes, misappropriates, or otherwise violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.;
(2) Use, display, mirror, or frame the Service or any Site (or any individual element or page within the Service or any Site), 360fly’s name, any 360fly trademark, logo or other proprietary information, or the layout and design of any Site’s page or form contained on a page, without 360fly’s express written consent;
(3) Access, tamper with, or use non-public areas of the Service, any Site, 360fly’s computer systems, or the technical delivery systems of 360fly’s providers;
(4) Attempt to probe, scan, or test the vulnerability of any 360fly system or network or breach any security or authentication measures;
(5) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by 360fly or any of 360fly’s providers or licensors or any other third party (including another user) to protect the Service, any Site, and/or 360fly-supplied or third party-supplied Content;
(6) Attempt to access or search the Service, any Site, or any Content or download Content from the Service or any Site through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by 360fly or other generally available third party web browsers;
(7) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation from or through the Service and/or any Site;
(8) Use any meta tags or other hidden text or metadata utilizing a 360fly trademark, logo, URL, or product name without 360fly’s express written consent;
(10) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service, any Site, or any Content to send altered, deceptive or false source-identifying information;
(11) Attempt to decipher, decompile, disassemble or reverse engineer the following: (i) any 360fly product, or its embedded software, with which the Service, any Site, or any Content is used or associated, and/or (ii) any of the software used to provide the Service, any Site, or any Content;
(12) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service or any Site;
(13) Collect or store any personally identifiable information from the Service or any Site relating to other users of the Service or Site without their express permission;
(14) Impersonate or misrepresent your affiliation with any person or entity;
(15) Violate any applicable law or regulation; or
(16) Encourage or enable any other individual to do any of the foregoing.
The Service and/or the Sites may contain links to other websites and online resources, and you understand that by using the Service or any Site and accessing third party links, you may be exposed to content, code, and/or software that is offensive, harmful, malicious, inaccurate, or otherwise inappropriate. You understand and agree that 360fly is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your access to and use of any such websites or resources.
If you choose to provide feedback, comments and suggestions for improvements to the Service or otherwise (in written or oral form) ("Feedback"), you acknowledge and agree that all Feedback will be the sole and exclusive property of 360fly and you hereby irrevocably assign to 360fly and agree to irrevocably assign to 360fly all of your right, title, and interest in and to all Feedback, including any intellectual property rights therein.
THE SERVICE, SITES, AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, 360FLY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 360FLY MAKES NO WARRANTY THAT THE SERVICE, SITES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. 360FLY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE SITES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE OR THE SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 360FLY OR THROUGH THE SERVICE, ANY SITE, OR THE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE OR ANY SITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE OR ANY SITE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, ANY SITE, AND THE CONTENT REMAINS WITH YOU. NEITHER 360FLY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE, THE SITES, OR THE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 360FLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
All trademarks, service marks, logos, trade names, and any other proprietary designations of 360fly used herein are trademarks or registered trademarks of 360fly. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.