FlyMedia Terms of Service
Acceptance of Terms of Service
By submitting information for inclusion on a website operated by FlyMedia, Inc. (“FlyMedia”) and/or using a FlyMedia service, you agree to be bound by the terms of this contract. No conditions other than those set forth herein shall be binding on FlyMedia unless specifically agreed to in writing by FlyMedia. You agree to bound by the terms herein for as long as you continue to use any of FlyMedia’s products or services.
FlyMedia and/or its licensors are the sole owners of this service, which includes any software, domains, and content made available through it. FlyMedia is protected by U.S. and international copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and FlyMedia grants you a limited license for that purpose. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit any FlyMedia Service without FlyMedia's prior express written permission. Any unauthorized use of any FlyMedia Service will terminate the limited license granted by us. FlyMedia and other marks, graphics, logos, icons and service names related to any FlyMedia Service are registered and unregistered trademarks or trade dress of FlyMedia, Inc. They may not be used without FlyMedia's prior express written permission. All other trademarks not owned by FlyMedia that appear in connection with any FlyMedia Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by FlyMedia.
By downloading and/or using any FlyMedia Service, you consent to receiving electronic communications and notices from FlyMedia. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Third Party Offers
FlyMedia may contain links to third party web sites or programs that are not controlled by or affiliated with FlyMedia. FlyMedia is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant's refusal to honor any offer. Your dealings with third party sites are solely between you and the applicable third party.
Charges for Using any FlyMedia Service
FlyMedia provides our service free of charge during our beta period. However, when you use any FlyMedia Service, you may be subject to charges imposed by your broadband carrier, wireless carrier, or other applicable carrier. Payment of such charges is solely your responsibility.
Use of Information Submitted
You agree that FlyMedia is free to use any comments, information or ideas contained in any communication you may send to FlyMedia without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving any FlyMedia Service or other products or services.
Licenses and Indemnification
You represent that you are the owner or are licensed to use the entire contents and subject matter contained in your advertising and collateral information, including, without limitation:
- a. the names and/or pictures of persons;
- b. any copyrighted material , trademarks and/or depictions of trademarked goods or services; and
- c. any testimonials or endorsements contained in any advertisement submitted to FlyMedia.
Key Words and Phrases
If two or more advertisers have the same name or trademark, the allocation will be on a first-come basis and the existing contract will take precedence.
FlyMedia reserves the right, without liability, to reject, omit or exclude any advertisement or to reject or terminate any links for any reason at any time, with or without notice to the advertiser/agency, and whether or not such advertisement or link was previously acknowledged, accepted, or published.
Advertiser assumes all liability for content posted to FlyMedia, and agrees to abide by all applicable state and federal law. Further, advertiser shall hold FlyMedia harmless for any and all content related errors.
No Warranty & Liability Limit
FLYMEDIA PROVIDES ITS SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. FLYMEDIA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. FlyMedia assumes no liability or responsibility for any errors or omissions in any FlyMedia Service; any failures, delays or interruptions in any FlyMedia Service; any losses or damages arising from the use of any FlyMedia Service, including, without limitation, any damage to your mobile device; or any conduct by users of any FlyMedia Service. We reserve the right to deliver any FlyMedia Service in our sole and absolute discretion. FlyMedia shall not be liable for any errors in content oromissions. Should an error appear in an advertisement, FlyMedia liability will be limited to the cost of the advertisement (prorated for the publishing completed). FlyMedia will not be liable for any delays in delivery and/or non-delivery in the event of an act of God, action by any government entity, transportation, strike, network difficulties, electronic malfunction , etc. or any feasibility, reliability, or effectiveness related to the FlyMedia site. FlyMedia does not represent or warrant that the FlyMedia site will meet the objectives or needs of advertiser/agency or any third party. In no event will FlyMedia be liable for any failure , disruption, downtime, interruption, miscalculation, delay, inaccuracy, or any other nonperformance related to the FlyMedia site.
UNDER NO CIRCUMSTANCES WILL FORKFLY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEOUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF FORKFL Y HAS BEE ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold FlyMedia and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of any FlyMedia Service or your violation of any law or the rights of any third party.
1. Governing Law YOU AGREE THAT THESE TERMS OF SERVICE OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND FLYMEDIA arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, any FlyMedia Service, FlyMedia's advertising or any related transaction SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF OREGON, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES.
2. Binding Arbitration ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND FLYMEDIA, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "FlyMedia") arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to these Terms of Service), any FlyMedia Service, FlyMedia's advertising or any related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, JAMS OR THE NATIONAL ARBITRATION FORUM, IN ACCORDANCE WITH THEIR APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The arbitration will be limited solely to the dispute between you and FlyMedia. NEITHER YOU NOR FLYMEDIA SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys' fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
3. Limitations of Actions Any claim or cause of action arising out of or related to your use of any FlyMedia Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and FlyMedia with respect to the subject matter hereof.
If you have any questions about these Terms of Service or the download and/or use of any FlyMedia Service, please contact us at:
24 NW 2nd Avenue
Portland, OR 97209