Terms of Service | Flyboost

Terms of Service

Flyboost℠ – Terms of Service

Effective Date – January 10th, 2015

1) Description of Service: Flyboost℠ (referred to herein as the “Service”) is a social media management platform powering location-based discovery & real-time social displays. The Service displays various materials including, without limitation, user generated content from social media Websites. Service. Where appropriate, “Flyboost,” “us,” and “we” refer to us, Flyboost, a Maryland corporation, and “you” and “user” refers to you, the person accepting these terms of service (“TOS”).

2) Acceptance of Terms: By accessing our website, www.flyboost.com (“Website”), or using the Service, you agree to be bound by all of these terms of service (“TOS”) as well as our privacy policy (“Privacy Policy”). These TOS govern the relationship between you and us. We reserve the right to change any or all of the TOS at any time. Changes to the TOS will be made effective upon updating these terms as posted on the Website. If you do not agree to any of these TOS, you must discontinue all access to the Website and use of the Service immediately. We reserve the right to suspend or discontinue your use of the Service and/or the Website with or without notice at any time and for any reason. Any new feature or function added to the Service will also be subject to these TOS.

3) Use of the Service: Except as otherwise agreed in writing by us through a commercial license agreement, the Service is available for use only by you in your capacity as an individual and not on behalf of a business or a venue. The Service shall not be licensed, sublicensed, sold, resold, rented, leased, transferred, assigned, distributed, or shared by you to or with any third party, at any time. By acceptance of these TOS, you agree to not use the Service in any unlawful manner or in any manner that interferes with or interrupts the Service. The Website and the Service are each provided “as is” and on an “as available” basis. We do not guarantee and does not promise any specific results from the use of the Website and/or the Service, including, but not limited to, promises or claims about specific results relating to the accuracy, completeness, or usefulness of the Website and the Service. You must be at least eighteen (18) years of age to use the Service, and provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or to permit continued use of the Service. If the minimum age of capacity to contract in your jurisdiction is higher than eighteen, then that minimum age applies instead. We reserve the right to refuse or deny service to anyone at any time and without notice for any reason.

4) Representations and Warranties: You represent and warrant that all of the information provide to Flyboost to use the Service is correct, current, and you have all necessary right, power, and authority to use the Service and perform the acts required of you as enumerated in these TOS.

5) User Responsibilities: As between you and us, you are responsible for all information, data, text, messages, or other materials that you or others post or transmit through your use of the Service. As a condition of acceptance of the TOS, you are responsible for maintaining the confidentiality of issued passwords and account information to access the Service and accept all liabilities associated as a result of breaches in security and confidentiality. You are fully responsible for any and all activities that occur in relation to your account with us. You agree and acknowledge that your account may be used by one person only. A single account may not be shared between multiple parties at any time for any reason. Any failure by us to exercise or enforce any right or provision contained in these TOS shall not be a waiver of that right. You shall not, shall not agree to, and shall not authorize or encourage any third party to use the Service to upload, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, threatening, pornographic, obscene, containing viruses, or is otherwise objectionable. Personal attacks, defamation, harassment, spam, offensive content, inappropriately behavior, or other illegal activities are strictly prohibited. What is objectionable, offensive, or inappropriate is at our sole discretion. Violating the terms and conditions presented in these TOS may result in immediate termination of the Service and may subject you to state and federal penalties and other legal consequences. We reserve the right to investigate your use of the Service to determine whether a violation of these TOS has occurred, or to comply or assist with any applicable law, regulation, legal process, investigation, civil suit, or governmental request.

6) Prohibited Uses: You must be a human to use the Service. Automated account registration or automating functions of the Service are strictly prohibited. You must not modify or adapt the Service or modify another Website to falsely imply that is associated with the Service or us. You agree to not modify the Service in any manner or form or modify the Service for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface provided by us. You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for archiving data or for back-up purposes. You agree that we reserve the right at any time and for any reason to right to block registrants and members from certain IP addresses from accessing the Website or Service, if we believe it is necessary to protect the integrity of the Service.

7) Intellectual Property Rights: You acknowledge we and our licensors own all rights, title, and interest in and to the Service, including without limitation all intellectual property rights including, but not limited to, any and all text, graphics, images, software, data, information, music, sound, video, audiovisual content, and data associated with the Service (“Intellectual Property Rights”). Flyboost logos displayed on the Website or contained in the Service are trademarks of Flyboost. You may only use our logos for promotional purposes to identify yourself as a user of the Service, provided that you agree not to attempt to claim ownership of the marks by incorporating or including them with your name or offering. We reserve the right to store and use copies of the information and content you post through the Service for our own promotional and/or archival purposes. You agree that you will not copy, reproduce, alter, modify, or create derivative work from the Service. You also agree that you will not use any automated codes, devices, or programs to monitor or copy any content or data from the Service. The Intellectual Property Rights include, but are not limited to, the Service developed and provided by Flyboost, and all software and functionalities offered or associated with the Service.

8) Third-Party Content: Certain content, products or Services made available through the Flyboost Service may include materials from third parties. In addition, the Service and/or the Website may include links to certain third-party websites as needed or to be used as reference when applicable. We are not responsible for this content or these websites, and you agree not to hold us liable for any damage that may result from accessing or using them. Additionally, third-party content extends to content which may be displayed outside of the Website and user-interface. We are not responsible for any content displayed as a result of using the Service.

9) Privacy: As a condition of using the Service, you agree to the terms of the Privacy Policy. You acknowledge, consent and agree that Flyboost may access, preserve and disclose your account information and any content or data, including the content of your e-mails if required to do so by law or with a good faith belief that such access, preservation, or disclosure is desirable to comply with legal process, enforce these TOS, respond to claims that any content violates the rights of third parties, respond to your requests for customer service, or protect the rights, property or personal safety of Flyboost, its users, or any other party. Personal information collected by Flyboost may be stored or processed in the United States or any other country in which we or our agents maintain facilities. By using the Service you consent to any such transfer of information outside of your country. Flyboost reserves the right to access any or all of your Service accounts in order to respond to your requests for technical support. We shall endeavor to maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your data. You understand that the technical processing and transmission of the Service including your data may be transferred unencrypted and involve transmissions over various networks and to third party hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. You agree that you release us from any liability for damages arising from or related to your personal information, whether it would be attributable to us or to a third party.

10) Limitation of Liability: Under no circumstances shall Flyboost be liable to any user or third party on account of that user’s use or misuse of or reliance on the Service arising from any claim relating to these TOS or the Website, or the Service. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages including last profits, lost sales or business, lost data or business interruption whether such claim is based on warranty, contract, or tort (including negligence). Without limiting the generality of the foregoing, under no circumstances shall Flyboost be held liable for any delay or failure in performance resulting directly or indirectly from acts, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes (including lawful and unlawful strikes), riots, insurrections, civil disturbances shortages of labor or materials, fires, floods, storms, explosions, acts of God, ware, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. Flyboost shall not be liable for any direct damages, costs, losses or liabilities whatsoever by any user or third party. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, Flyboost’s liability will be limited to the greatest extent permitted by law.

11) No Thirty Party Beneficiaries: You acknowledge that there shall be no third party beneficiaries to these TOS.

12) Indemnification: You agree to hold harmless and indemnify Flyboost and our subsidiaries, affiliates, officers, agents, and other partners or employees from and against third party claim including any loss, liability, claim, or demand including attorneys’ fees made by any user or third party arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, Flyboost will provide you with written notice of such claim, suit or action. You agree that we may elect to settle in the event of such a claim, and that you will be responsible for indemnifying us to the same extent as if we had litigated.

13) Assignment: Flyboost may assign or transfer its rights to the Service and/or the Website, in whole or in part, without restriction. In the event of an assignment or transfer, all rights to your data will be transferred.

14) Account Inactivity: After a reasonable period of inactivity, we reserve the right to disable or terminate a user’s account.

15) Billing: Flyboost provides a free trial account and several tiered fee-based accounts for the Service. Fees are based on the package you choose. We may delete the free trial at any time for any reason, and may delete fee-based accounts if the account holder is determined to be in violation of these TOS and/or the Privacy Policy. The Service is made available on a pay-as-you-go basis and is charged at the start of your elected subscription term and charged monthly, so long as your subscription remains live. All users are eligible for a free trial on the Service plan of their choice and can be upgraded to a paid subscription at any time. Once you have provided credit card details, you will be promptly billed and your free trial subscription will terminate as your account is upgraded. A valid credit card is required to use all Service subscription tiers. We will bill you through a secure online account for use of the Service. Your billing information is not stored on our servers. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay us for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents, partners, affiliates, or employees) using your billing account, and you authorize Flyboost to charge your chosen credit card for the Service, and agree to make payment using that selected method. If we do not receive payment from your payment method, you agree to pay all amounts due on your billing account on demand. There are no refunds or credit for partial months of Service, plan downgrades, or refunds for month unused if you elect to close your account before the end of your subscription period, or in the event of the termination of an account at the discretion of Flyboost. You will receive an email invoice upon each billing charge. All subscriptions will automatically renew at the end of your subscription period until cancelled by you, as all of our paid subscription plans use recurring billing. If you elect to pay for the subscription period on a monthly basis, you will automatically be charged the subscription plan fee for the subsequent month unless you cancel the Service before the new subscription plan period begins. By entering into this TOS, you accept responsibility for all recurring charges prior to cancellation.

16) Account Downgrading: Downgrading your subscription plan level may cause the loss of content, features, or capacity of your account, and you release us from any liability for such loss. In order to initiate the downgrade of an account, you must manually delete the number of hashtags tracked, live event feeds, or both as the case may be, to permit use of the Service on the desired subscription plan tier. If you do not make those changes prior to requesting the downgrade of your account, the action will not be authorized and you will remain on your current subscription plan tier until all appropriate and requested actions are made.

17) Cancellation: You are responsible for properly canceling your account. You may cancel your account at any time by going to your Billing Information page within the Service user interface to cancel future charges for the Service. Any method of communication other than electing to cancel your subscription plan inside your selected payment method contained on the Billing Information page within the Service user interface will not be considered cancellation. All of your content will be immediately deleted from the Service upon cancellation. This data cannot be recovered once your account is cancelled. If you pay your subscription in monthly installments and you cancel your subscription prior to the end of the subscription period, Flyboost will terminate your access to the Service and cease billing for future use of the Service. However, you will remain responsible for all charges incurred prior to Flyboost’s terminating access to your account. Nonpayment of the Flyboost Service seven (7) days after the last date of billing will constitute and initiate the cancellation of your account. After canceling your account by terminating future billings through your Billing Information page within the Flyboost user interface, please submit a support ticket to initiate the termination of your account immediately.

18) Governing Law: These TOS shall be governed by the laws of the State of Maryland without regard to the principles of conflicts of law. If for any reason a court of competent jurisdiction finds any provision or portion of these TOS to be unenforceable, the remainder of the terms of Service will continue in full force and effect. You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Maryland for the purpose of resolving any dispute relating to your access to or use of the Service. You agree that if you bring an action in a forum other than one authorized by this paragraph, our attorneys may move to dismiss the action and you will be responsible for paying our reasonable attorneys’ fees and court costs required for the motion. Any failure on our part to enforce any portion of these TOS shall not be a waiver of our right to enforce that or any other portion of these TOS.