Our philosophy is to earn and keep our customers' trust and to provide the best service and customer satisfaction in the industry. Because of this philosophy, we treat the information you provide us in confidence.
When you visit our web site, our web server will recognize your Internet service provider. This visitor information allows us to make our site work better for you, but just visiting our website will not provide a record of your individual email address. We will not have a record of your email address until you provide it for our use.
When ordering or signing up for our newsletters, customers provide Flight Flix with certain information such as name, address, telephone number, etc. This information is necessary to process an order. A customer's telephone number is used when we have a question about the order. It may also be used by a delivery service if there is a question about delivery. For its own use, Flight Flix retains information about transactions with customers.
We send customers periodic mailings and may send emails announcing items we believe of interest to them. We also make our mailing list (name and address only, not our email list or telephone numbers) available to a few reputable, carefully screened companies whose products you may find of interest.
Telephone numbers, email addresses and credit card numbers are only released if there is a court order or to law enforcement agencies if requested. With web orders, that information is kept on our web server for only a brief time before it is transferred to our main computer which is not accessible to the web. Credit card information is not accessible to the web or from our main computer. However, your name and address is stored on our web server so it will be available when you login to your account with your user name and password when and if we have such a set up. If you do not wish us to disclose your mailing list information to any third parties, please let us know.
We treat our customers' privacy with utmost care.
These Terms of Use govern your conduct associated with the Customer Photo and Video Sharing service offered by Flight Flix (the "CPVS Service"). To the extent there is any conflict between Flight Flix's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CPVS Service.
By submitting any content to Flight Flix, you represent and warrant that:
you are the sole author and owner of the intellectual property rights thereto;
all "moral rights" that you may have in such content have been voluntarily waived by you;
all content that you post is accurate;
you are at least 13 years old;
use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit, upload, post, transmit or distribute any content:
that is known by you to be false, inaccurate or misleading;
that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
that is, or may reasonably be considered to be, abusive, obscene, profane, indecent, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, passwords, contact information or phone numbers;
that contains any computer viruses, spyware, worms or other potentially damaging computer programs or files.
For any content that you submit, you grant Flight Flix a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You further agree that Flight Flix shall have the unrestricted right to use any ideas or information contained in any content that you submit, or materials or ideas similar to them, in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. You further release and waive all claims against Flight Flix with respect to any intellectual property or other proprietary rights, rights of publicity and privacy, rights of attribution, or any other liability under the governing law of the United States.
Any content that you submit to Flight Flix may or may not be published or used by Flight Flix. Flight Flix reserves the right to edit, condense or delete any submitted content that is ultimately posted on Flight Flix's website if Flight Flix deems, in its sole discretion, that such content violates these Terms of Use. Flight Flix does not guarantee that you will have any recourse through Flight Flix to edit or delete any content you have submitted. Flight Flix may also need to provide disclosures with respect to any content submitted and published by Flight Flix. Flight Flix reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Flight Flix, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Flight Flix, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.
By submitting a photo or video, you agree that Flight Flix may contact you about your photo or video and for other administrative purposes. Flight Flix may share your comments [along with identifying information] to our third-party service providers, solely for customer service purposes. By submitting a photo or video, any information you submit may be directed to a third party site administered and hosted by a third party vendor retained by Flight Flix provided that, in such event, the third party vendor will have no right to use any such information other than uses necessary to fulfill its services to Flight Flix.
FLIGHT FLIX DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PHOTO OR VIDEO SUBMISSION PROCESS, OR ANY RELATED WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE PHOTO AND VIDEO SUBMISSION PROCESS IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND MYGOFLIGHT DOES NOT WARRANT THAT THEY WILL BE FREE OF DEFECTS.
Under no circumstances shall Flight Flix and/or its affiliates be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or inability to use, the photo and video submission process, or any related website, whether in an action of contract, tort, strict liability or negligence, or other actions, arising out of or in connection with the use or performance of the photo and video submission process, or any related website, even if Flight Flix has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, Trojan horse or other harmful component.
You agree to indemnify and hold Flight Flix (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Together Mobile, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
These Terms of Use and their enforcement shall be governed by the laws of the Colorado, excluding its conflict of laws provisions. You agree to submit to jurisdiction in Colorado and further agree that any cause of action arising under these Terms of Use may be brought in a court in Denver, Colorado, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use.
