FLY TOT® TERMS & CONDITIONS OF SERVICE
I. CONTENT & INTELLECTUAL PROPERTY
You may not copy or use any of the Content and Intellectual Property of or on the Site without our prior written authorization. Content means all of the visual, audio-visual, and written information displayed on the Site, including all graphics, photographs, drawings, designs, iconography, animation, videos, and writing (collectively, “Content”). All Content on the Site is the property of T&N and/or third parties with whom T&N has a relationship, and all Content may be protected by one or more applicable intellectual property laws, including without limitation copyright, right of publicity, trademark laws.
The source code and compilation of this Site are likewise the exclusive property of Fly Tot and protected by applicable intellectual property laws. You are not authorized to use such source code for any purpose other than the ordinary use of the Site.
All trademarks, service marks, trade names, trade dress, and other branding devices (collectively, “Marks”) that appear on the Site and/or Fly Tot Products (collectively the “Fly Tot Marks”) are the exclusive property of Fly Tot and are protected by applicable intellectual property laws. In some cases, we may display Marks that are owed by third parties with whom we have a relationship. You may not display or use the Fly Tot Marks (or Marks of third parties displayed on the Site) without our prior written authorization (or prior authorization from the applicable third party).
Please contact us at firstname.lastname@example.org if you have any questions about our content or Intellectual Property, including whether we are willing to authorize your use of the same.
II. LIMITED LICENSE AND SITE ACCESS
You are allowed to use the Site only for your lawful personal use (or personal use on behalf of a third party). You may not use the Site to do or to facilitate any of the following things (or otherwise to violate any laws or legal rights of anyone else):
Copy, imitate, mirror, distribute, publish, download, publicly display, publicly perform, post or transmit any of the Content in any manner or format, and through any means now known or later developed.
Resell any Fly Tot Products or display or describe Fly Tot Products for commercial or competitive purposes, or in a false, misleading, or disparaging light.
Commit fraud or other dishonest act, including by seeking refunds or other compensation or benefits for Product orders that are not legitimate, or about which you are not being completely truthful in your communications with us.
Make commercial use of any Content or any Product available on the Site.
Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the source code / HTML code underlying the Site.
Use any automated software or tools that are designed to extract and copy data (such as bots, spiders, crawlers, or other similar data-mining, data-gathering, or data-extraction methods) on the Contents of, or source code / HTML code underlying, the Site.
Collect any information about users of the Site.
Attempt to interfere with, disrupt, reverse-engineer, steal from, or gain unauthorized access to, any of the software, technology, or equipment that supports the Site;
Impersonate another person, or misrepresent your affiliation, with a person or entity;
Post advertising or marketing links or content;
Access the Site from anywhere in the word where it is unlawful for you to do so.
Fly Tot is not responsible for any dispute or disagreement between you and any other person or entity with whom you may communicate or interact via or while using the Site. You assume all risk associated with dealing with such third parties. You release and shall hold harmless Fly Tot from and against all claims, injuries, demands, and exposures of any kind arising out of or relating to any such dispute or disagreement. You also promise not to involve T&N in such dispute.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND (B) EXCEPT FOR OUR EXPRESS LIMITED WARRANTY, T&N (INCLUDING ITS EMPLOYEES, OFFICERS, AGENTS, AND ADVISORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE SITE (AND PRODUCTS OR SERVICES AVAILABLE VIA THE SITE), IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
FLY TOT MAKES NONE OF THE FOLLOWING WARRANTIES, EACH OF WHICH FLY TOT EXPRESSLY DISCLAIMS:
THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS
THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
THE NATURE, QUALITY, OR QUALITIES OF ANY PRODUCTS OR SERVICES PROMOTED OR AVAILABLE FOR PURCHASE VIA THE SITE WILL MEET YOUR EXPECTATIONS OR NEEDS
IV. LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FLY-TOT WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF T&N HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY OF THE FOLLOWING:
YOUR USE, OR INABILITY TO USE, THE SITE
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE
UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA OR INFORMATION THAT YOU PROVIDE TO US VIA THE SITE OR OTHERWISE
STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON OR INVOLVING THE SITE
YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US OR THIRD PARTIES ON OR VIA THE SITE
ANY OTHER CIRCUMSTANCES ARISING OUT OF OR RELATING TO THE SITE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, FLY-TOT’s MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF FLY-TOT CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE PRICE THAT YOU PAID FOR ANY PRODUCT(S) PURCHASED VIA THE SITE OR $50, WHICHEVER IS GREATER.