terms of use
By using the Flit.com (“Flit.com”) website (“the Site”) and related services ("Services"), you agree to be bound by the following terms and conditions (the "Terms of Service"). PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. TYPEONCE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. This Agreement includes Flit.com’s Privacy Policy and any specific terms on the Flit.com website(s), each of which is incorporated into this Agreement in its entirety by reference, to which You are indicating Your agreement and acceptance to be bound by the provisions thereof, by way of your use of the Site. COPYRIGHT, LICENSES AND IDEA SUBMISSIONS: The contents of the Flit.com website(s) are intended for the personal, noncommercial use of its users. All materials published on the Site (including, but not limited to articles, photographs, images, illustrations, audio files and video files (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or licensed by Flit.com, or where credited, by third parties. Flit.com is fully owned and operated by Flit.com LLC. The Content is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. You may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, materials or Services in whole or in part,including text, graphics, code and/or software. You agree that any non-personal information, data, questions, feedback and/or submissions to the website that you provide to us in connection with this Site or our Services ("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. TRADEMARKS Flit.com, Flit.com.com, Search Trail, Go Search and the Flit.com Logo are the exclusive trademarks or service marks of Flit.com, including the "look" and "feel" of the Site, layout, and all other graphical elements. Any use of Flit.com's trademarks is strictly prohibited without the express permission from Flit.com. Any other product and company names mentioned in the Site may be the trademarks of their respective owners. If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please follow the instructions below this Terms of Service for contacting our Copyrights and Copyright Agent. USE OF THE SITE You understand that, except for information, products or services clearly identified as being supplied by Flit.com, Flit.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for Flit.com identified information, services or products, all information, services and products offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Flit.com. The Site contains links to other related World Wide Web Internet sites and resources. Interactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of Flit.com. We are not responsible for evaluating or examining, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Flit.com does not assume any liability or responsibility for the actions, product, availability or content of these third party resources. Flit.com attempts to describe all of the products on the Site as accurately as possible. However, Flit.com does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current or error-free. Flit.com explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory within the Site. Flit.com also disclaims any responsibility for the completeness or accuracy of any directory or search result. Flit.com neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Services by any user, third party provider or any other person or entity. In connection with your use of the Site you represent, warrant and covenant that you will not submit materials of any kind in accordance with the terms and conditions of these Terms of Service, that will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) comprise unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; (vi) violate any applicable laws, rules, regulations or other governmental regulations; (vii) in your use of "Email Favorites" will not provide details for any individual unless you have their consent. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You hereby indemnify, defend and hold Flit.com and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. THE SITE, THE SERVICES, AND ANY MATERIALS PROVIDED BY TYPEONCE OR THIRD PARTIES THROUGH THE SITE AND THE SERVICES ARE PROVIDED "AS IS." TYPEONCE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICES. TYPEONCE DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES AVAILABLE WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE. LIMITATION ON LIABILITY TYPEONCE SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INFORMATION, SERVICES OR ANY OF THE MATERIALS PROVIDED BY TYPEONCE OR THIRD PARTIES THROUGH THE SERVICES, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICES REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF TYPEONCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law. TERMINATION Flit.com may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of the Services for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties. Flit.com, including, without limitation, its authorized agents and employees may terminate your use of the Site without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any Flit.com event or (ii) attempting to alter or improperly access any feature or function of the Site. Your access may also be subject to termination if you post or transmit any illegal content; post content (including, but not limited to, email addresses) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a Flit.com employee or other individual. MISCELLANEOUS This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of California. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this agreement shall be brought in the federal or state courts located in Alameda, California. These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and Flit.com with respect to your access and use of the Site and Services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and Flit.com with respect to this Site or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Flit.com may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of Flit.com or (iii) in connection with the sale of this Site. All section titles within this Agreement are for convenience only and have absolutely no legal or contractual effect or meaning. These Terms of Service may be updated from time to time. Current Terms of Service will be maintained on our website. Updated November 25, 2009. Trademark Statement Flit.com, Search Trail, Go Search and the Flit.com Logo are Trademarks of enterONCE LLC, registered or pending regstration with the U.S. Patent and Trademark Office. Copyright and Copyright Agent Process: Flit.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Flit.com the following information: Send by email to: shop@flit.com (please mention the word "copyright" in the subject line) |