Last updated: April 24, 2014
2. Age Restriction; Capacity to Contract
You may not use the Site, submit information about yourself to Flightnuts or create or otherwise use an account, if you are not able to legally form binding contracts or under the age of 18. Flightnuts reserves the right to check, from time to time, the accuracy of your identity, and any other information you supplied. However, Flightnuts cannot and does not guarantee the listed identity of any user, or the accuracy of any information listed by any user. It is your sole responsibility to conduct your own due diligence inquiry to confirm the identity or identities, and/or age or ages, of those with whom you intend to communicate or conduct any business. Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by searching for “parental control protection.”
4. Code of Conduct
While using the Site and/or the Content (as defined below) contained on the Site, you agree to comply with all applicable laws, rules and regulations. Without limiting the foregoing, while using the Site, you agree not to engage, or solicit or encourage any other person to engage, in any of the following:
• Violate the rules, regulations and policies of any airline or loyalty/reward program, whether you are a member or not.
• Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
• Use the Site or Content for any fraudulent or unlawful purpose or to maliciously harm or deceit any other user;
• Express or imply that any statements you make are endorsed by us, without our prior written consent;
• Engage in spamming or flooding;
• Transmit or otherwise make available in connection with the Site any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature; or otherwise interfere with or disrupt the operation of the Site;
• Sell, resell, transfer, license, or exploit any use of or access to the Site or Content, except for personal non-commercial use as permitted in your End-User License Agreement;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Content;
• Remove any copyright, trademark or other proprietary rights notices contained in the Site or Content;
• Remove, circumvent, or interrupt with any digital rights management or security tools or other similar technologies available on the Site;
• “Frame” or “mirror” any part of the Site without our prior written authorization;
• Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents (a limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent); or
5. Intellectual Property Rights
We have no obligation to monitor the Site or any Content that you or other third parties transmit or post on the Site. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Content you transmit or post; to alter or remove any such Content; to disclose such Content and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our partners and our customers and Site visitors; or to comply with legal obligations or governmental requests. You acknowledge that other users of the Site may occasionally upload Content, post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, unlawful, defamatory or otherwise objectionable. We neither endorse nor are responsible for such Content, messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site that is not properly attributable to us. Under no circumstances will we or our affiliates, partners, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.
8. Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SERVICE AND ALL THE MATERIALS, INFORMATION, AND CONTENT ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FLIGHTNUTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. FLIGHTNUTS DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE MATERIALS, OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY MATERIALS PROVIDED THROUGH THE SITE.
9. Limitation of Liability
YOU AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL FLIGHTNUTS OR ANY OF ITS PRINCIPALS, OWNERS, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, CONTRACTORS, CONSULTANTS, SUPPLIERS, CUSTOMERS, AND OTHER AFFILIATES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING TO USE OF OR ACCESS TO THE FLIGHTNUTS SERVICE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. MOREOVER, FLIGHTNUTS WILL NOT BE LIABLE FOR ANY ACTS OF ITS EMPLOYEES ACTING BEYOND THE SCOPE OF THEIR AUTHORITY. NOTWITHSTANDING ALL OF THE FOREGOING, IF FLIGHTNUTS IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO FIVE HUNDRED DOLLARS (US$500).
11. Notification of Claims of Infringement
If you believe that any content available on the Site infringes your intellectual property rights, please notify Flightnuts’ Copyright Agent email@example.com. In such notice, You must (a) identify the copyrighted work that you believe has been infringed upon, in sufficient detail so we can find it; (b) identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site; (c) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) a statement by You declaring under penalty of perjury that the above information in Your notice is accurate, and that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner; (e) Your physical address, telephone number, and email address, and (f) Your electronic or physical signature.
12. Privacy and Information Rights
13. Global Nature of the Internet
Recognizing the global nature of the Internet, you agree to comply with all rules regarding online conduct and use of this Site. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Flightnuts makes no representation that materials on this Site are appropriate or available for use in locations outside of the United States, and accessing them from territories where their contents are illegal is prohibited.
14. Governing Law
16. Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
17. Contact Us: