Acceptance of Terms
Description of Site and License
The Site provides information about FlightStats, Inc. products and services. The text, images, and other contents of the Site (collectively, the “Contents”) are protected by the copyright laws of the United States and other countries. FlightStats, Inc. grants you a license to view the Contents on the publicly accessible areas of the Site. This license does not include the right to screen scrape, reproduce, distribute, broadcast, modify, or otherwise commercially exploit any of the Contents, except that reproduction incidental to your use of the Site in accordance with these Terms is permitted. The license can be terminated by FlightStats, Inc. at any time with or without cause.
Modifications to Service
FlightStats, Inc. reserves the right at any time and from time to time to modify the Contents or discontinue providing access to the Site (or any part thereof), temporarily or permanently, with or without notice to you. You agree that FlightStats, Inc. will not be liable to you for any modification, suspension or discontinuance of the Site or the Contents.
Termination of Your Access
You agree that FlightStats, Inc., in its sole discretion, may terminate your access to or use of the Site, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Site under any provision of these Terms may occur without prior notice to you, and you also agree that FlightStats, Inc. will not be liable to you for any termination of your access to the Site.
FlightStats, Inc. Compliance with Copyright Law
FlightStats, Inc. will comply with all applicable laws respecting copyright. If you believe your copyright in a work has been infringed through the Site, please contact our agent for notice of claims of copyright violation: Copyright Agent, 522 SW 5th Avenue Suite 200, Portland, OR 97204; via e-mail at email@example.com; phone (503) 274-0938; fax (503) 274-0939. You must provide our agent with the following information in writing: (1) a description of the copyrighted work you believe has been infringed; (2) information sufficient to identify the location of the allegedly infringing material on the Site.; (3) your address, telephone number, and email address; (4) a statement to the effect that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (4) a declaration, under penalty of perjury, that the information you have provided is accurate and that you are the owner of the copyright involved or you are authorized to act on behalf of that owner; (5) your physical or electronic signature. Upon receiving your complaint, we may remove content that you believe infringes your copyright. In addition, we may take other action against the person or persons responsible for posting or transmitting the infringing material.
You Are Responsible for Your Equipment and Access Costs
You agree that you are solely responsible for obtaining and maintaining any and all equipment and services needed for your access to and use of the Site, and for all charges related thereto.
Restrictions on Your Use of the Site
FlightStats, Inc. will take action to prevent the misuse of the Site for any unlawful or objectionable purpose. Accordingly, you agree not to use the Site for any unlawful or objectionable purpose, including without limitation use of the Site to post, upload, or transmit any Content that is: (1) unlawful under the laws of any jurisdiction to which you or FlightStats, Inc. are subject; (2) harmful, threatening, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations); (3) insider information, or any other proprietary or confidential information; (4) an infringement of any patent, trademark, trade secret, copyright or other intellectual property right; (5) falsified, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise its origin; (6) containing or transmitting software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; (7) an advertisement or solicitation for any products or services. You agree to indemnify and hold harmless FlightStats, Inc. from any liability incurred as the result of your violation of these Terms, in accordance with the provisions of Section 0 of these Terms.
Disclaimer of Warranties and Limitation of Liability
YOU AGREE THAT THE SITE AND CONTENTS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FlightStats, Inc. does not warrant that the Site will be available at any given time, secure, or free of error. You use the Site at your own risk, and you assume the risk that any material downloaded by you from the Site may cause loss of data or damage to your computer system.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL FLIGHTSTATS,INC. BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF CONDUCIVE IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY.
You agree to indemnify, defend and hold harmless FlightStats, Inc., and its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any negligent or wrongful activity related to the use of the Site, by you or any other person accessing the Site using your account.
FlightStats is a registered trademark of FlightStats, Inc., an Oregon corporation. All rights reserved. All other trademarks appearing on the Site are the property of their respective owners.
Choice of Law & Forum Selection
You agree that any claims under these Terms will be subject to the laws of the State of Oregon and of the United States of America, and you hereby consent to jurisdiction and venue in the courts of the State of Oregon. These Terms will be construed according to the laws of the State of Oregon.
No Third Party Beneficiaries
These Terms create no third party rights or obligations betweenFlightStats, Inc. and any other person. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of these Terms.
Severability & Waiver
The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by FlightStats, Inc. of strict performances of any provision of these Terms will not be a waiver of or prejudice FlightStats, Inc.. right to require strict performance of the same provision in the future or of any other provision of these Terms.
These Terms constitute the entire agreement between the parties, and there are no promises, terms, conditions, or obligations between the parties other than those contained in these Terms. Subject to FlightStats, Inc. right to modify these Terms, no modification of these Terms will be valid unless in writing and signed by both parties.