Last updateded on November 2013
Flytrex Aviation, Ltd. ("Flytrex", or, "us", "our", "we") provides a multi-rotor black box that records flight parameters for users' flights (the "Product"), and a website located at www.flytrex.com that allows pilots to log and manage their flight details (the "Site").
These Terms of Service ("Terms") govern your purchase of the Product and your use of the Site. "You" or "Your" means an adult user of the Site or purchaser of the Product, or as the parent or guardian of any minor you allow to access the Site or purchase the Product, and for whom you will be held strictly responsible.
Purchase of Products
Purchase of any Product is subject to Flytrex's Terms and Conditions of Sale, as may be amended by Flytrex from time to time in its sole discretion, a current version of which is available here. By purchasing or offering to purchase any Product, you agree to Flytrex's Terms and Conditions of Sale.
Use of Site
Flytrex grants you a limited license to access and use the Site subject to the terms and conditions of these Terms for your personal or internal use only. Flytrex may, in its sole discretion and at any time, discontinue providing any part of the Site without notice. You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Flytrex.
Access to the Site is void where prohibited. By using the Site or purchasing any Product through the Site, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you are 18 years of age or older or else, have your parent's or guardian's permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (c) your use of the Site and Product does not violate any applicable law or regulation.
To access all features of the Site, you must register with Flytrex, either by providing the requested information or by connecting through Facebook or another social media service allowed by Flytrex. Flytrex reserves the right to refuse to allow any user to open an account for any reason at its sole discretion. You may not provide false information during the registration process. You may not login through the social media service of any third party.
You agree to immediately notify Flytrex of any unauthorized use of your Flytrex account or social media login. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. Flytrex will not be liable for any losses or damage arising from unauthorized use of your account, and you agree to indemnify and hold Flytrex harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to firstname.lastname@example.org that your account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.
Termination of Account
If Flytrex believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, it may terminate your account and take any other corrective action it deems appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site or using the Product. You may request termination of your Flytrex account at any time and for any reason by sending an email to email@example.com. Any suspension, termination, or cancellation shall not affect your obligations to Flytrex under these Terms (including but not limited to ownership of intellectual property, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation or any obligations to Flytrex under any separate terms and conditions for the sale of Products.
Flytrex and its licensors own the Site and all content available through the Site, including all worldwide intellectual property rights therein, and the trademarks, service marks, and logos contained therein. You may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content on the Site. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Flytrex or any third party.
Flytrex does not request your feedback concerning the Site or the Products. Nonetheless, if you provide Flytrex with any feedback (including through any contact information available on the Site) concerning the Site or the Products, you also grant Flytrex and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of such feedback, in any media format and through any media channels, including incorporating such feedback in the Site, Products or any documentation or user manuals prepared by Flytrex and including without limitation, for commercially promoting the Site and the Product.
Content Linked to by Flytrex
Portions of the Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, Flytrex cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. Flytrex is not responsible for content or services available by means of such sites. Flytrex does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.
You will not use or access the Site or use the Product in any manner that (a) Is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (b) Does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses or registrations or would cause Flytrex to be in violation of any law or regulation, or to infringe any right of any third party; (c) Disrupts, interferes or harms our Site, servers or networks; or (d) Imposes an unreasonably or disproportionately large load on our infrastructure. You may not (a) Circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any content available on the Site, (b) Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or copy any of the data available through the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site; (c) Harvest, collect or mine information about users of the Site; or (d) Create a database by systematically downloading and storing all or any of the Content or data on the Site.
The Site may allow you to post content and communicate with other users. We refer to all of the foregoing, as well as all content connected with user accounts, as "User Content".
We have no obligation to accept, display, review or maintain any User Content. Moreover, we reserve the right to delete User Content from the Site without notice for any reason at any time. Users may choose to label their content as "public" or "private". Any User Content labeled as "public" shall not be considered confidential and may be disseminated by us without any compensation to you. WE DO NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED BY ANY USER AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH USER CONTENT. WE CANNOT AND DO NOT ACCEPT ANY LIABILITY FOR ACTIONS THAT YOU MAY TAKE IN RELIANCE UPON ANY USER CONTENT. IF YOU INTEND TO TAKE ANY ACTIONS BASED ON YOUR RELIANCE ON USER CONTENT, YOU MUST INDEPEDENTLY CONFIRM AND VERIFY THE ACCURACY AND COMLETENESS OF SUCH USER CONTENT.
You are fully and solely responsible for any User Content you submit or post. You agree that you will not act in any way or transmit or post any User Content that violates any applicable law or regulation.
In addition, you shall not transmit or post any User Content that contains the following, or that you know contains links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, Trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
Flytrex may choose at its sole discretion to monitor User Content for inappropriate or illegal behavior, including through automatic means; provided, however, that Flytrex reserves the right to treat User Content as content stored at the direction of users for which Flytrex will not exercise editorial control except when violations are directly brought to the attention of Flytrex.
Flytrex respects the intellectual property rights of others and expects its users to do the same. Flytrex will remove all infringing User Content if properly notified that it infringes third copyrights, and may do so at its sole discretion, without prior notice to users at any time.
Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Site infringes their rights. If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. It is the policy of Flytrex to terminate the account of repeat infringers in appropriate circumstances, taking all facts and circumstances into account. Notices and counter-notices must meet the DMCA's requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: firstname.lastname@example.org.
Disclaimers & Disclaimer of Warranty
Your use of the Site is at your sole discretion and risk. The Site is provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Flytrex. FLYTREX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND ALL CONTENT AVAILABLE ON THE SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. FLYTREX DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND ALL CONTENT; OR (II) THAT THE SITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE. FLYTREX DOES NOT WARRANT THAT DATA DISPLAYED ON THE SITE WILL BE COMPLETE OR ACCURATE.
Flytrex attempts to be as accurate as possible. However, Flytrex does not warrant that Product descriptions or other content available on the Site is accurate, complete, reliable, current, or error-free. If a Product offered by Flytrex on this Site is not as described, your sole remedy is to promptly return it in unused condition.
Please read our Terms of Sale for the purchase of the Product, which contains our disclaimer of warranties in respect of the Product.
Limitation of Liability
Under no circumstances shall Flytrex be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Flytrex products.
IN NO EVENT SHALL FLYTREX OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FLYTREX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. FLYTREX MAKES THE SITE AVAILABLE SOLELY PURSUANT THIS LIMITATION OF LIABILITY. FLYTREX IS NOT A BACKUP DATA SERVICE, AND SHALL NOT HAVE ANY LIABILITY FOR THE LOSS OF ANY DATA YOU PROVIDE TO FLYTREX.
You agree to indemnify, defend, and hold harmless Flytrex and its employees, directors, officers, subcontractors and agents, against any and all claims, damages, or costs or expenses (including reasonable attorneys' fees and court expenses) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) your violation of any law or regulation by your use of the Site or Product; (c) your infringement of any right of any third party; and (d) any other matter for which you are responsible hereunder or under law.
These Terms shall be governed by the law of the State of Israel, exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the competent courts in the city of Tel-Aviv/Jaffa, and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action against Flytrex must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Flytrex or enables you to act on behalf of Flytrex.
We may at any time, without prior notice: (a) cancel any user account, or limit any user's access to all or portions of the Site; (b) change or eliminate any component of the Site; (c) impose, remove, or change any fees or charges for use of the Site or any features thereof (including, without limitation, by changing the manner in which fees or time for sessions is calculated); and (d) assign any and all of our rights under these Terms to any other entity. We may elect to keep archives of all or parts of the Site, but we cannot guarantee that anything available on the Site, or any records or information relating to the Site, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.
These Terms constitute the entire agreement between Flytrex and you pertaining to the subject matter hereof. Nothing contained in these terms shall be construed to limit the actions or remedies available to Flytrex with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and Flytrex reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for the benefit of Flytrex (and respective assignees), all of which shall have the right to assert and enforce its provisions against you directly on its own behalf. We may assign our rights under these terms to any third party.