FlightTastic Terms of Use

OVERVIEW
This website is operated by FlightTastic LLC. Throughout the site, the terms “we”, “us” and “our” refer to FlightTastic LLC. FlightTastic LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website or subscribing to either our free or premium email subscription services ("Services"), agree to be bound by the following terms and conditions (“Terms of Use, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site or any services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or the services following the posting of any changes constitutes acceptance of those changes. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
Questions about the Terms of Service should be sent to us at services@flighttastic.com.
SECTION 1 - GENERAL CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least 18 years of age.
If you purchase any of our Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees and taxes may result in the termination of your subscription.
You may not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website or Services, use of the Services, or access to the Services or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You agree to contact us if there are any billing issues, duplicate charges, etc. before disputing any charges as illegitimate.
The materials and information that are provided via the Services (including but not limited to the website and emails), are provided for only personal, non-commercial use. If you wish to make commercial use of any of the materials or information accessed through the Services, or wish to make materials or information public in any way, you must obtain prior express written consent from FlightTastic. Without limiting the generality of the foregoing, the following are types of uses that FlightTastic expressly defines as falling outside of “non-commercial use”: the sale or rental of (1) any part of the Services, or material or information provided via the Services; (2) any derivative works based at least in part on the Services, or material or information provided via the Services; and (3) any collective work that includes any part of the Services, or material or information provided via the Services.
Your account belongs to you and is for your use only. You may not authorize others to view or otherwise access the Services under your account. You may not transfer your account to anyone else. You agree to choose a strong and secure password and to keep your password secure and confidential.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site or through the Services is not accurate, complete or current. The material on this site and through the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site or provided via the Services is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Services are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
SECTION 4 - USER CONTENT
You are solely responsible for the content that you post, upload, link to, submit for posting, or otherwise make available to FlightTastic ("User Content").
By in any way providing User Content to FlightTastic, you hereby grant to FlightTastic a non-exclusive, fully paid, worldwide license to use and display such Content on the website and through the Services.
By in any way providing User Content to FlightTastic, you hereby represent and warrant that (i) you own all rights in and to your User Content, (ii) if the User Content is subject to third party proprietary rights, you have all necessary licenses, rights, consents, and permissions to publish, or make available for publishing the User Content you provided and to grant the rights granted herein.
SECTION 5 - REFUNDS
Premium email subscriptions may be canceled at any time.
If you are a first-time premium subscriber and your subscription does not include a free trial, if you cancel your premium subscription within the first 30 days, you will receive a full refund.
No refunds (partial or otherwise) are available after 30 days from the start of a premium subscription, for premium subscriptions which include a free trial, or for users who have signed up for the premium subscription multiple times.
SECTION 6 - FREE TRIALS
Some Premium subscriptions may include a free trial.
You will not be charged until the end of your free trial. There are no refunds available for Premium Subscriptions that include a free trial.
No refunds (partial or otherwise) are available after 30 days from the start of a premium subscription, or for users who have signed up for the premium subscription multiple times.
SECTION 7 - PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy. To view our Privacy Policy click here.
SECTION 8 - COPYRIGHT INFORMATION
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe that your copyright has been infringed, please send a DMCA request to:
Copyright Agent
FlightTastic
4739 University Way NE PMB 68066
Seattle, WA 91805
support@flighttastic.comm
Proper DMCA notifications should include the following
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please know that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including attorneys’ fees and costs) under Section 512(f) of the DMCA. Consulting with a lawyer is therefore recommended before submitting a DMCA notice.
SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall FlightTastic LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 10 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless FlightTastic LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 11 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You shall not access or use, or attempt to access or use, the website or Services through any automated means, including, but not limited to, scripts, robots, or web crawlers.
SECTION 13 - ARBITRATION
By using any of our Services or website you agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the city that is closest to our place of residence before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.
The parties agree that (i) no arbitration proceeding hereunder whether a CONSUMER DISPUTE or a BUSINESS DISPUTE shall be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or Persons similarly situated, and (ii) no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE A CONSUMER DISPUTE OR BUSINESS DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION ("Class Action Waiver").
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Notwithstanding the foregoing, if Class Action Waiver is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor FlightTastic shall be entitled to arbitrate their dispute.
SECTION 14 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 15 - MISCELLANEOUS
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of conflict or choice of law rules.
You agree that any action at law or in equity arising out of or relating to the Terms that is not subject to the arbitration provision herein will be filed only in the state or federal courts in and for King County, Washington, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Effective Date
These Terms of Use were last updated on May 16th, 2019.