(Effective as of June 15, 2015)
Welcome to Flyosk.
Flyosk’s services are provided by Flyosk, LLC. These terms of service ("Terms") govern your use of Flyosk’s website and services and your child’s use (collectively, the "Services"), so please read them carefully because you will be agreeing to these Terms, when you create an Account or continue use of the Services after notice of any modification to these Terms.
1. About Flyosk
Flyosk.com is a platform allowing flight school students of all ages to research flight schools and, or, provide reviews, photos, videos and other information regarding flight schools, training experiences, flight certifications and other program information.
2. Registration and Creating Your Account
A. Profile Page: Upon registration you will be able to claim your Flyosk account profile (“Profile Page”) that already contains your name, email, address, phone number, and completed training certifications. You will be unable to make changes to this information. If any of the information on your Profile Page is incorrect please Contact Us.
B. Account Password and Information: During registration you will be able to select a unique username and password to access the Service and to receive messages from Flyosk. You may add other information to your profile, such as links to your personal social media accounts (i.e. Facebook, Instagram, Pinterest and the like).
C. Unauthorized Access: You agree to notify us immediately of any unauthorized use of your password and/or account. Flyosk will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account. D. Communications from Flyosk and Other Users: By creating an account, you agree to receive certain communications in connection with this Service. For example, you might receive comments from other Users. You may receive emails containing information regarding your account and, or, Services being provided on this Site.
3. Children And Under The Age of 13
B. Removal: We will remove access to your Flyosk Account if your parent has expressly refused or revoked their consent for you to use Flyosk.com. If we do so then you may not continue to use your Account or access or use Flyosk.com by any other means unless your parent or guardian provides their consent again or until you are no longer a child. We may withdraw or terminate your access to Flyosk.com for any other reason at our sole discretion. Please see further paragraph 4 for further details.
C. Children Under 13: We do not allow children under the age of 13 to use this site. You must be at least 13 years of age or older to register and use this Service. Flyosk complies with the Children’s Online Privacy Protection Act and does not permit registration by, and will not knowingly collect personally identifiable information from anyone under 13.
3. User Posted Content & Other Interactive Services or Areas
A. Posting Content: Flyosk includes interactive areas in which you may post content and information, including flight school reviews, recounting training experiences, comments, photos, videos and other materials (the "User Content"). You retain all rights in, and are solely responsible for, the User Content you post to Flyosk.com. You are also solely responsible for your use of such interactive features, and use them at your own risk. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.
B. Your Content: You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Flyosk.
C. Liability For Your Content: You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
D. Other: User Content (including any that may have been created by users employed or contracted by Flyosk) does not necessarily reflect the opinion of Flyosk. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
4. Use Restrictions
A. General Restrictions: Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:
• post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; • use the service for any unlawful purpose or for the promotion of illegal activities; • attempt to, or harass, abuse or harm another person or group; • use another user’s account without permission; • provide false or inaccurate information when registering an account; • interfere or attempt to interfere with the proper functioning of the Service; • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; • solicit personal information from minors; • bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; • publish or link to malicious content intended to damage or disrupt another user’s browser or computer; • or violate any applicable law.
B. Post and Conduct Restrictions: When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
Flyosk, however, reserves the right to remove any User Content from the Service at its discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
• you are solely responsible for your account and the activity that occurs while signed in to or while using your account; • you will not post information that is malicious, false, defamatory or inaccurate; • you will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and • you hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice. • you understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. • You understand that Flyosk is not responsible for any public display or misuse of your User Content. Flyosk does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
C. Suspension and/or Termination: We reserve the right (but we are not obligated) to do any or all of the following for all users of any age including users who are children: suspend or terminate your access to Flyosk for any reason, and at our sole discretion. The length of temporary suspensions may vary depending on the reasons for the suspension. If we suspend or terminate your access under your Account and you try to access Flyosk via another Account, we may suspend or terminate your access to that other Account too. Any decision we make to terminate or suspend the account of any individual shall be final and binding. The termination or suspension of an account shall apply to any and all user accounts that may have been used by that individual whether or not opened by that individual.
5. Online Content Disclaimer Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Flyosk, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Flyosk does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does Flyosk adopt nor endorse, nor is Flyosk responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than Flyosk. Flyosk takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will Flyosk be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
Though Flyosk strives to enforce these Terms, you may be exposed to User Content that is inaccurate or objectionable. Flyosk reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Emails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. Flyosk shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us firstname.lastname@example.org.
7. Copyright Complaints
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a DMCA Notice of Alleged Infringement with Flyosk's Designated Copyright Agent:
Flyosk LLC Copyright Agent: c/o Swapnil Bhalode 709 Ellesmere Court Brentwood, CA 94513 Email: email@example.com
For more information regarding how to file a claim or dispute a claim click here.
8. Suggestions and Feedback By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Flyosk and its users any claims and assertions of any moral rights contained in such Feedback.
A. Links From: You acknowledge that Flyosk may include links to third party websites. We do not review these third party websites nor have any control over them and we are not responsible for these websites or their content or availability. We do not endorse or make any representations about them, or any content found there, or any results that may be obtained from using these websites or their services or products. If you decide to access any of these third party websites, you do so entirely at your own risk.
B. Linking to: You may only link to the Flyosk.com homepage where the homepage is not loaded into frames on your website, unless we otherwise expressly agree; and your site or service does not misrepresent its relationship with us or present false information about us or otherwise harm our business or conflict with our interests or values. We reserve the right to withdraw linking permission at any time without prior notice.
11. Warranty Disclaimer
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, FLYOSK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FLYOSK MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
12. Limitation Of Damages; Release
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLYOSK, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH FLYOSK OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLYOSK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a flight school, licensing agency, or merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree only to use Flyosk in accordance with these Terms. You agree that you will compensate us (and our employees, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms or any liability we incur as a result of the use of Flyosk and/or any other service we provide by you and any other person that may use your Account.
14. Modifications Flyosk may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. The modified Terms will become effective upon thirty (30) day notice of the Updated Policy date referenced at the top of this page (“Effective Modification Date”). By using or continuing to use or accessing the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
15. License Grant
When you post any User Content to Flyosk.com, you expressly grant, and you represent and warrant that you have a right to grant, to Flyosk and its affiliates, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, adapt, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
16. Intellectual Property
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
17. Third Party Websites Accessible Through Flyosk.
Content hosted on third party websites accessible from Flyosk is the responsibility of those websites, and not of Flyosk. If you are the copyright owner of content hosted on a third party website, and you have not authorized the use of your content, please contact the administrator of the hosting website directly to have the content removed.
18. Suspensions and Termination
A. User Closing Account: You may terminate the Terms at any time by closing your account, discontinuing your use of the Site, or providing Flyosk notice of termination.
B. Flyosk Closing Account: We may close your account, suspend your ability to use all or certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
C. If your account remains inactive for a period of 12 months we reserve the right, in our sole discretion, to close your account.
19. Email May Not Be Used To Provide Notice
Communications made through the Service’s e-mail and messaging system will not constitute legal notice to Flyosk or any of its officers, employees, agents or representatives in any situation where notice to Flyosk is required by contract or any law or regulation.
20. User Consent To Receive Communication In Electronic Form
A. Consent: For contractual purposes, you (a) consent to receive communications from Flyosk in an electronic form via the email address you have submitted; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that Flyosk provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. B. Special Offers: We may also use your email address, to send you other messages, including information about Flyosk and special offers. C. Opt Out: You may opt out of emails by clicking the opt out link at the bottom of the email or changing your account settings or sending an email to firstname.lastname@example.org. Opting out may prevent you from receiving messages regarding your account or special offers.
21. CHOICE OF LAW AND JURISDICTION
California law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Flyosk without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SANTA CLARA COUNTY, CALIFORNIA.
22. GENERAL TERMS
A. Severability: If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Flyosk to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
B. Time Limitation On Bringing An Action: You agree that any cause of action related to or arising out of your relationship with Flyosk must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
D. Waiver: If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the terms again.
E. Third Party Exclusion: These Terms do not create any right enforceable by any person who is not a party to this Agreement.