Last Updated On July 8, 2019.
The Services are offered and available to users who are 18 years of age or older. By using our Services, you represent and warrant that you are of legal age to form a binding contract with Coflyt.
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Paid-Products and Services
Aircraft Related Information
Our Services are intended to help you organize and manage information, provided by you or other users, related to aircraft. IT IS IMPORTANT TO NOTE THAT OUR SERVICES ARE NOT INTENDED TO PROVIDE AIRCRAFT SAFETY, AIRCRAFT OPERATION, AIRCRAFT MAINTENANCE, LEGAL, OR FINANCIAL ADVICE. Coflyt is not responsible for and does not verify or warrant the accuracy or completeness of the information provided by users and the information published on the Sites may contain errors or omissions. Users of the Sites should contact aircraft owners for information regarding specific aircraft. Without limiting any of the foregoing in this paragraph, you agree not to rely on any information or content published on the Sites for any purpose of any kind. NEITHER COFLYT, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, TO ANY USER AS TO THE CONDITION OF ANY AIRCRAFT, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION RELATED TO ANY AIRCRAFT PUBLISHED ON THE SITES.
When you create an account or when you submit information through the Sites, you must provide us with accurate, complete and up-to-date information. You are solely responsible for the accuracy and consequences of the information that you submit through the Sites, and you agree to indemnify and hold Coflyt harmless from and against all damages of any and all kinds, including Coflyt’s reasonable attorney’s fees, expenses and costs of legal proceedings and/or arbitration. Coflyt may, but has no obligation, to correct any error or omission on the Sites.
Deal with Us in Good Faith
By creating an account and using our Services, you agree that you are signing up for Coflyt’s Services in good faith, and that you will use our Services only for their intended purposes as aircraft information tools and for no other reasons.
Payments Between Users
Coflyt may utilize third-party services to allow for the transfer of payments between users. Coflyt is not a party to any transaction between users. You agree and acknowledge that Coflyt will under no circumstances be responsible or liable for any damages, losses or costs whatsoever suffered or incurred by you resulting from the use of any third-party services that facilitate the processing of payments.
Third Party Fees
Your use of the Services may incur third party fees, such as fees charged by your carrier for data usage, and may be subject to third party terms, such as your carrier’s terms of service, and you agree to pay all of those fees and abide by all of those terms. You are solely responsible for all of those fees incurred by you for use of the Services.
Data Privacy Terms
Use of Location-based Data
User Content Terms
Your Content Is Your Responsibility
You are solely responsible for any messages, reviews, text, photos, videos, graphics, code, or other content or materials (collectively “User Content”) that you post, submit, publish, display or link to through the Site or Services or send to other Coflyt users, including the legality, reliability, accuracy and appropriateness of such User Content.
Coflyt Monitoring and Enforcement of User Content
You Must Be Truthful
You agree to provide accurate, complete, current, and truthful information when you add or edit User Content.
Do Not Post Illegal or Harmful Content
You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights and rights of publicity and privacy), or that is in violation of any federal, state, or local law, rule, or regulation. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory, or fraudulent, purposely false or misleading, or otherwise harmful.
Do Not Violate Others’ Rights
You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Sites. You also agree not to disclose confidential or sensitive information. This includes but is not limited to information about neighbors or other information that would potentially be viewed as an invasion of privacy.
You Grant Coflyt a License to Use Your Content
When you provide User Content, you grant Coflyt a royalty-free, perpetual, irrevocable, and fully sublicensable license to publish, reproduce, distribute, display, adapt, modify, sublicense (for any purpose), create derivative works for any purpose (which Coflyt will own) and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for content you provide to us.
User Content is Not Confidential; Your Content May Be Made Public
You understand and agree that any User Content that you post or submit to Coflyt is considered non-confidential and non-proprietary and may be redistributed through the Internet and other media channels, and may be viewed by the general public. In addition, and not in limitation, you understand that Coflyt may share nonspecific statistical data from the Website with third parties. Coflyt also may share specific and nonspecific data with third parties pursuant to state and federal court subpoenas and subpoenas of law enforcement, and subpoenas of state and federal regulatory agencies.
You will not send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files, spyware, traps, protecting codes or trap door devices, or other computer programming routines that are designed or intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any of the Services or any data contained therein or that otherwise jeopardizes the security or integrity of the Services or interferes with the Services functioning as intended by Coflyt. Coflyt assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Services or your downloading of any materials, data, text, images, video, or audio from the Services.
Intellectual Property and Licenses
Coflyt Grants You a Limited License to Access and Use Our Sites and Services
Our Materials Are Protected
The Sites and their entire contents, features and functionality, and all materials in or on the Sites and offered or provided with the Services, including our branding, trade dress, trade names, logos, design, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively “Materials”), are proprietary property of Coflyt, its suppliers, its licensors, or its users, and are protected by U.S. and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You may not use any meta tags or any other “hidden text” utilizing “Coflyt” or any other substantially similar name, trademark, trade dress, trade phrases, or product name of Coflyt without our prior express written permission. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our consent. You agree not to reproduce, modify, create derivative works from, decompile, disassemble or reverse engineer any portion of the Sites or Services. You agree not to remove or modify any copyright or other intellectual property notices that appear on the Sites or the Services.
Our Use of Third Parties’ Marks Does Not Imply Endorsement
All other trademarks, registered trademarks, product names, and logos appearing on our Site and Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Digital Millennium Copyright Act Compliance
In accordance with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), Coflyt has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. If you believe that your work has been copied and has been posted to the Sites in a way that constitutes copyright infringement, please provide Coflyt’s copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Before sending a notice to Coflyt, you should confirm that you are the copyright owner or have rights to the copyright, which the DMCA requires. Contact information for Coflyt’s Copyright Agent for notice of claims of copyright infringement is provided below. DMCA Agent: Coflyt Legal Department, 419 E. Lampkin St., Ste 100, Starkville, MS 39759 firstname.lastname@example.org
No Warranties Express or Implied
THESE SITES AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK.
WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
THE INFORMATION PRESENTED ON OR THROUGH THE SITES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. COFLYT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY USER CONTENT OR OTHER CONTENT, INCLUDING ANY RELIANCE PLACED ON SUCH CONTENT BY YOU, YOUR CLIENT OR ANY OTHER VISITOR TO OUR SITES OR BY ANYONE WHO MAY BE INFORMED OF ITS CONTENTS, INCLUDING LINKS TO WEB PAGES, THAT ANY WEBSITE USER OR ANY OTHER USER OR THIRD PARTY POSTS OR TRANSMITS USING OUR SITE OR SERVICES.
Coflyt is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions and User Content) that may appear in our Sites or Services.
Coflyt is not responsible in any way for the truthfulness or accuracy of any aircraft related information published on our Sites, nor does Coflyt have or accept any obligation to search for issues with any published aircraft. It is the sole responsibility of the user to confirm any and all facts relating to an aircraft prior to the use or operation of such aircraft including, without limitation, defects or maintenance issues.
Indemnification of Coflyt by All Website Users of Any Kind
Limitation of Coflyt’s Liability
IN NO EVENT SHALL COFLYT, ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Modification of Coflyt Services
Coflyt reserves the right to modify or discontinue (completely or in part) our Site, Services, or any content appearing therein in our sole discretion without notice. Coflyt will not be liable to you or any third party if we exercise this right.
We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites or the entire Site to users, including registered users and users who have paid for a particular product or service.
Modification of These Terms
We provide this Site only for use by persons located in the United States. We make no claims that the Sites or the Services are accessible or appropriate outside of the United States. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Choice of Law and Venue
No Third-Party Beneficiaries or Rights
Entire Agreement & Severability
Limitation of Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Arbitration of Disputes