flightSpeak Corporation
Last updated August 19, 2014
By accessing and using the flightSpeak app ("App") and flightSpeak website (the "Website") (collectively the "Services"), you are agreeing to these Terms of Service. You should review these Terms of Service, along with the Privacy Notice, which is incorporated by reference, as they form a binding agreement between flightSpeak and you. flightSpeak may revise these Terms of Service from time to time, in our discretion without notice to you. The most current version of the Terms of Service can be reviewed by clicking on the "Terms of Service" link located at the bottom of the flightSpeak Website. Changes become effective immediately at the time of posting. The Terms of Service apply to all content you contribute when providing photos and providing evaluations, ratings and comments about your travel experience (collectively, "Content"). flightSpeak is not affiliated with any airline or travel company. Please reach out to the airline, travel company or other third party with any concerns you have regarding your flight, travel or other services.
Accessing the Services. You may use the Services only if you can form a binding contract with flightSpeak and are not barred from receiving services under the laws of the United States or applicable jurisdiction. flightSpeak offers the Services at no cost to you. If you do not agree to the Terms of Service, do not use the Services.
Privacy and Personal Information. Please review our Privacy Notice for information relating to the collection and use of your information.
The Services will create a flightLog that contains both flightSpeak Content (as defined in Section 3) and your Content ("flightLog"). It is important that you realize that the flightLog (including your Content), if you choose to share it, will be public and will be able to be viewed through third party services (such as Facebook and Twitter). If you do not want to share your Content, do not complete the flightLog. If you do choose to share your Content, you will share the flightLog on your page of a social media site chosen by you. The flightLog may also be shared on the corresponding flightSpeak page of the same social media site. You retain all rights to your Content. By submitting a flightLog (and your Content) through the Services, you hereby grant flightSpeak a worldwide, non-‐exclusive, royalty-‐free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your Content, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby do and shall grant each user of the Services a worldwide, non-‐exclusive, royalty-‐free, noncommercial, sublicenseable and transferable license to use, reproduce, distribute, display, and perform your flightLog (and your Content) in any social media channels, including after your termination of the Services, in the format provided by flightSpeak.
The Services (and all of the material that they contain, including any photos provided by flightSpeak) are owned by flightSpeak ("flightSpeak Content"), or its third party licensors and are protected by intellectual property and other laws throughout the world. Except as provided in Section 4, you may not copy, reproduce, republish, distribute, sell, license, transfer or modify the Services without the express written permission of flightSpeak. In addition, the trademarks, logos and service marks displayed on the Services are the property of flightSpeak or its licensors. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIUBTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE SERVICES IS PROHIBITED. Use of the flightSpeak Content or materials for any purpose not expressly permitted in these Terms of Service is prohibited.
flightSpeak grants you a worldwide, non-‐exclusive, non-‐sublicensable and non-‐transferable license to use the Services to create and share a flightLog on social media sites for non-‐commercial purposes.
flightSpeak does not provide you with access to the Internet or the equipment necessary to access the Internet or the Services. You are responsible for the fees charged by other parties to obtain access to our Services (by way of example only, Internet service provider or airtime charges) and for providing the equipment necessary to access the Services. From time to time flightSpeak may modify, suspend or discontinue any of the Services without notice to you. flightSpeak shall not be liable to you for any modification, suspension or discontinuance of Services. flightSpeak may establish certain policies and practices concerning use of the Services. flightSpeak has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through our Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you. Please make note of the important disclaimers re availability of the Services below in Section 9.
You may link to our Services. While our Services may have links to the websites of other companies and parties, flightSpeak has no control over those websites. flightSpeak is not responsible or liable for any content, advertising, products, services or other materials on or available from those websites. flightSpeak is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, advertising, products, services or other materials on those websites.
The Services provides offers ("Offers") for goods and services on behalf of certain merchants ("Merchants") to through the Services. The Offers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Offer. The Merchant is solely responsible for redeeming the Offer. The Merchant is the issuer of the Offer and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of an Offer or not. You waive and release flightSpeak and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of an Offer or the services/goods it provides in connection with it.
By purchasing any Offer you agree to these Terms of Service. By redeeming or attempting to redeem any Offer, you agree to these Terms of Service specifically, the terms on the Offer itself and any additional deal specific terms advertising the Offer at the time of purchase (collectively, the "fine print" regardless of how labeled). These rules apply to all Offers we make available, unless a particular Offer’s fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a Offer’s fine print, the Offer’s fine print will control. flightSpeak is not responsible if a Merchant or venue refuses to honor any Offer.
The flightLogs contain areas where you can post and share information with others. You agree to use the flightLog only to post, send and receive messages and material that are proper and related to the Services. By way of example, and not as a limitation, you agree that when posting and sharing information through the flightLog, you will not:
flightSpeak has no obligation to monitor the flightLogs. flightSpeak will attempt to prevent the posting of offensive flightLogs but makes no guarantees such measures will be successful.
flightSpeak reserves the right at all times to disclose any information as flightSpeak deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in flightSpeak’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Services. flightSpeak does not control or endorse the content, messages or information found in any flightLogs and, therefore, flightSpeak specifically disclaims any liability with regard to the flightLogs and any actions resulting from your participation in the Services.
You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the rights and licenses set forth in this Terms of Services; (ii) the posting and use of your Content on or through the Services does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; and (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Services.
If you have any questions or concerns, please reach out to us [email protected]
You may terminate your participation at any time by discontinuing use of the Services. At that time we may delete information you have submitted via the Services. If you have a dispute with us relating to the Services, cease use of the Services. Ceasing all use of our Services is your only remedy with respect to any such dispute that you may have with us.
YOU UNDERSTAND AND AGREE THAT:
THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND"AS AVAILABLE" BASIS. FLIGHTSPEAK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE AVAILABILITY OF THE SITE OR THE SERVICES OR DATA YOU SUBMIT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS. FLIGHTSPEAK DISCLAIMS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-‐INFRINGEMENT. FURTHER, TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE FLIGHTSPEAK FORM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A MERCHANT, ANY ACTION OR INACTION BY MERCHANT, INCLUDING MECHANT’S FAILURE TO COMPLY WITH APPLICABLE LAW AND/OR FAILURE TO ABIDE BY THE TERMS OF AN OFFER. THE FUNCTIONS, MATERIALS AND CONTENT OF THE SERVICES ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-‐FREE, AND FLIGHTSPEAK MAKES NO WARRANTY THAT THE INFORMATION ON THE SERVICES WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. FLIGHT SPEAK DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE COST OF REPAIRS OR CORRECTIONS TO YOUR HARDWARE OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
YOUR USE THE SERVICES IS ENTIRELY AT YOUR SOLE RISK. FLIGHTSPEAK, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF FLIGHT SPEAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
These Terms of Service, your access and use of the Services and the relationship between you and flightSpeak is governed by the laws of the State of Washington, without giving effect to its conflict of law provisions. flightSpeak and you both agree to submit to the personal and exclusive jurisdiction of the courts of the State of Washington.
Services and its contents Copyright (c) 2014 flightSpeak, Inc. All rights reserved. All the brands of flightSpeak' products and services shown herein are the trademarks or registered trademarks of flightSpeak, Inc. Other trademarks belong to their respective owners.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide flightSpeak’s Copyright Agent the following information:
flightSpeak’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Ashley K. Long, Trademark & Copyright AttorneyBy email: [email protected]
Our relationship is not one of agency or partnership and neither you nor flightSpeak shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Services. You may not assign or transfer your rights to any third party. The terms and conditions in these Terms of Service are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. If flightSpeak fails to enforce any provision of these Terms of Service it shall not constitute a waiver of such provision. These Terms of Service may be modified only by flightSpeak posting changes to these Terms of Service on the Website. Each time you access the Website or App, you will be deemed to have accepted any such changes in effect at the time of access. We may assign our rights and obligations under these Terms of Service. This agreement will inure to the benefit of flightSpeak's successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Service, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. These Terms of Service, and the documents incorporated by reference, constitute the entire understanding between us regarding your access to, license and use of the Services, and they supersede any prior agreements, statements or representations with respect to the same.