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WEBSITE
USAGE POLICIES
The No Fly Zone, Inc. Web
Site is offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein. Your use of the No Fly Zone,
Inc. Web Site constitutes your agreement to all such terms, conditions, and
notices.
This is the Web site of No
Fly Zone, Inc. located in Tinton Falls, New Jersey, USA. By using this Web Site, you agree to follow and be bound by the
policies set forth below. Please note that No Fly Zone, Inc. reserves the right
to change and/or modify any of the Web Site Usage Policies by posting revised
versions of the provisions below at any time.
You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software, products or
services obtained from the No Fly Zone, Inc. Web Site.
Links to Third Party
Sites. The No Fly Zone, Inc. Web Site may contain links to
third party Web sites ("Linked Sites"). The Linked Sites are not
under the control of No Fly Zone, Inc. and No Fly Zone, Inc. is not responsible
for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. No Fly
Zone, Inc. is not responsible for web-casting or any other form of transmission
received from any Linked Site nor is No Fly Zone, Inc. responsible if the
Linked Site is not working appropriately. No Fly Zone, Inc. is providing these
links to you only as a convenience, and the inclusion of any link does not
imply endorsement by No Fly Zone, Inc. of the site or any association with its
operators. You are responsible for viewing and abiding by the privacy
statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the No
Fly Zone, Inc. Web Site or participation in promotions, including the delivery
of and the payment for goods and services, and any other terms, conditions,
warranties or representations associated with such dealings or promotions, are
solely between you and the advertiser or other third party. No Fly Zone, Inc.
shall not be responsible or liable for any part of any such dealings or promotions.
Proprietary Rights. No Fly
Zone, Inc. reserves all copyrights and other proprietary rights in materials
(including but not limited to, art work, photos, text and trademarks).
Moreover, other materials posted on the Web Site may also be protected by copyright
law.
No Unlawful or
Prohibited Use. All users of this Web Site are responsible for your
communications via this Web Site. In accessing and using this Web Site, you may
not, under any circumstances, do any of the following: delete any author attributions,
legal notices or proprietary designations or labels in a file that you upload;
upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy or publicity) unless you own or control
the rights thereto or have received all necessary consents; intercept or
attempt to intercept email; use the Web Site to threaten, harass, or otherwise
violate the legal rights (including without limitation rights of privacy and
publicity) of others; upload files that contain a virus or corrupted data;
publish, post, distribute or disseminate injurious, defamatory, infringing,
obscene or other unlawful materials or information; falsify the source or
origin of software or other material contained in a file that you upload;
download a file that you know (or reasonably should know) cannot be legally
distributed via the Web Site; or act (or fail to act) in your use of the Web
Site in a manner that is contrary to these User Rules or to applicable law or
regulation.
No Fly Zone, Inc. reserves
the right in its sole discretion to change its policies concerning this Web
Site at any time, and to withdraw, suspend or discontinue any feature of this
Web Site at any time. You are responsible for adhering to any limitations posted
concerning files uploaded to this Web Site (e.g., regarding reproduction
and dissemination).
Indemnification. You agree
to indemnify and hold No Fly Zone, Inc. harmless from any and all liabilities,
expenses (including attorneys' fees) and damages arising out of claims based on
your use of this Web Site, including without limitation any claim of personal
or injury to property, libel, defamation, violation of privacy or publicity
rights, loss of service by other users, and infringement of intellectual property
or other rights. No Fly Zone, Inc. will notify you promptly of any claim for
which it seeks indemnification hereunder.
Limitation of
Liability. No
Fly Zone, Inc. and all of its content providers, agents and the like, in each
instance will not be liable for (a) any direct, indirect, incidental,
consequential and/or special damages arising out of your use of, or inability
to use, the Web Site, and you hereby waive any claims with respect thereto,
whether based on contractual, tort or other grounds, even if No Fly Zone, Inc.
has been advised of the possibility of such damages, and/or (b) damages or
injury caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized access to,
alteration of, or use of any file, in each instance whether for breach of
contract, tortious behavior, negligence, or under any other cause of action.
For further clarity, in all events, No Fly Zone, Inc. and all of its content
providers, agents and the like shall not be liable for the defamatory,
offensive, or illegal conduct of other users of the Internet.
Email formatting. To promote reliable communications via the Web Site,
No Fly Zone, Inc. reserves the right to open, re-format and re-transmit to the
intended recipient any email message from you to any advertiser or other user.
Disclaimers. THIS WEB SITE AND ALL INFORMATION AND SERVICES
WITHIN IT ARE PROVIDED "AS IS." NO FLY ZONE, INC. MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, CONDITION, COMPLETENESS OR
ACCURACY OF THE INFORMATION AND OTHER MATERIALS PREPARED OR PUBLISHED BY NO FLY
ZONE, INC. OR ANY THIRD PARTY HEREIN. NO FLY ZONE, INC. DOES NOT WARRANT THAT
ACCESS TO OR USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
THIS WEB SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. NO
FLY ZONE, INC. EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION WARRANTIES OR MERCHANTABILITY, TITLE, FITNESS FOR A PURPOSE,
NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY. STATEMENTS MADE IN
FORUMS, CONFERENCES AND CHATS REFLECT ONLY THE VIEWS OF THEIR AUTHORS, AND DO
NOT NECESSARILY REFLECT THOSE OF NO FLY ZONE, INC.. ADVICE RECEIVED IN ANY
FORUM WITHIN THIS WEB SITE SHOULD NOT BE RELIED ON FOR IMPORTANT DECISIONS AND
YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION. YOU AGREE THAT NO FLY
ZONE, INC. WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL
DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR ANY
SOFTWARE OR SERVICES WITHIN IT, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT
THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF NO FLY
ZONE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED, SO
NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
Effective Date &
Modifications. This Agreement
takes effect on the date you first use the Web Site and continues for long as
you use the Web Site. NO FLY ZONE, INC. RESERVES THE RIGHT TO CHANGE THIS
AGREEMENT AT ANY TIME BY POSTING CHANGES ON-LINE. YOU ARE RESPONSIBLE FOR
REVIEWING REGULARLY ALL INFORMATION POSTED ON-LINE CONCERNING USAGE POLICIES IN
ORDER TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR CONTINUED USE OF THIS WEB
SITE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS
MODIFIED BY THE POSTED CHANGES.
General. This Agreement is governed by the laws of the State
of New Jersey, USA, and you consent to the exclusive jurisdiction and
venue of courts in Monmouth
County, New Jersey in all disputes arising out of or relating to your
use of this Web Site. No Fly Zone, Inc. reserves the right to comply with law
enforcement requests and requirements relating to your use of this Web Site or
information provided to or gathered by No Fly Zone, Inc. regarding such use.
This Agreement constitutes the entire agreement between you and No Fly Zone,
Inc. regarding your use of this Web Site, and supersedes any previous
communications and proposals regarding the same. The information on this Web
Site was checked for accuracy and authenticity when last updated. If there is
any accidental infringement of copyright, No Fly Zone apologizes for their actions, and would be pleased to be notified.
In addition, the publisher of this Web Site cannot bear responsibility for the
actions or the results of action of individuals or companies arising from use
of information and advice contained within it.
Severability. The terms and conditions contained herein shall be
deemed severable. In the event that any provision is determined to be
unenforceable or invalid, such provision shall nonetheless be enforced to the
fullest extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining provisions.
Entire Agreement. These
terms and conditions, together with those incorporated herein or referred to
herein constitute the entire agreement between us relating to the subject
matter hereof, and supercedes any prior understandings or agreements (whether
oral or written) regarding the subject matter, and may not be amended or
modified except in writing or by making such amendments or modifications
available on this Web Site.
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