Online Copyright and Trademark Notices, Hyperlink and Informational Content Disclaimers, Privacy Policy, and Terms of Service for a mobileflyp.com

 

Copyright and Trademark Notice

Copyright © 2015 by Mobile Flyp, Inc. All text, graphics, audio files, Java applets and scripts, downloadable software, and other works on this website are the copyrighted works of Mobile Flyp, Inc. All Rights Reserved. Any unauthorized redistribution or reproduction of any copyrighted materials on this website is strictly prohibited.

The following are the protected Trademarks of Mobile Flyp, Inc.: mobileflyp.com. All rights reserved.

 

Link disclaimer policy

The use of this site is governed by our Hyperlink Disclaimer, Informational Content Disclaimer, Privacy Policy, and Terms of Service. By using this site, you acknowledge that you have read these disclaimers and policies and that you accept and will be bound by their terms.

 

Hyperlink disclaimer

Hyperlink Disclaimer: the mobileflyp.com site contains hyperlinks to other Internet sites not under the editorial control of Mobile Flyp, Inc. These hyperlinks are not express or implied endorsements or approvals by Mobile Flyp, Inc., of any products, services or information available from these sites.

 

Informational content disclaimer policy

THE INFORMATION AND/OR DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY GOODS, COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. MOBILE FLYP, INC.’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). MOBILE FLYP, INC. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

Privacy Policy

  1. Policy. The Mobile Flyp, Inc. (“Mobile Flyp”) Privacy Policy covers Mobile Flyp’s treatment of personal or personally identifiable information (“Personal Information”) that may be collected when you are on the Mobile Flyp website and when you use Mobile Flyp’s services. This policy does not apply to the practices of companies that Mobile Flyp does not own or control, or to individuals that are not under Mobile Flyp’s supervisory control.

 

  1. Collection and Use of Personal Information. Mobile Flyp may collect Personal Information when you use certain services on the Mobile Flyp website or when you visit cookie-enabled web pages. Mobile Flyp may also log your IP address when you use the Mobile Flyp website. Mobile Flyp uses this Personal Information to fulfill requests for our services or products, to contact users regarding changes to our site or our business, and to customize the content that you might see on the Mobile Flyp website. Mobile Flyp may also use “cookie” files to better serve your needs by creating a customized website which fits your needs.

 

  1. Sharing and Disclosure of Personal Information. Mobile Flyp may sell or rent your Personal Information for direct marketing purposes to individuals, businesses, or government entities. If issued, Mobile Flyp will also comply with court orders, subpoenas or other legal process(es).

 

  1. User Accounts. Mobile Flyp allows users to set up personal accounts for the purpose of transacting business with Mobile Flyp, or if applicable to participate in our online communities.

 

  1. Encryption. All user account pages are protected with Secure Socket Layer (“SSL”) encryption. All user accounts must be accessed with usernames and passwords. You are advised not to share your username and password with any other person.

 

  1. Amendments. Mobile Flyp reserves the right to amend this policy at any time. Mobile Flyp will contact registered users by e-mail, and shall also post a notice of changes on its website, when and if the terms of this policy are amended.

 

  1. Contact. You may contact Mobile Flyp directly by e-mailing support@mobileflyp.com should you have any questions regarding this policy.

 


Terms of Service

  1. Acceptance of Terms of Use. Mobile Flyp, Inc. (“Mobile Flyp”) provides its online services and Website to you, the User, subject to this Terms of Service Agreement (“TOS”). Mobile Flyp reserves the right to alter the TOS at any time without notice to User. By using the Mobile Flyp website, located at the URL mobileflyp.com, you (the “User”) agrees to abide by this TOS Agreement.

 

  1. Online Services and Disclaimer of Warranty. The Mobile Flyp website provides online resources including, but not limited to, online information regarding Mobile Flyp’s products and online communities. Any new services, resources or informational content added to the website shall fall under the terms of this TOS Agreement. The online resources, informational content, and software on this website is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. Mobile Flyp assumes no responsibility for any data loss or other loss suffered by any User of this website. User is fully responsible for maintaining its computer equipment and Internet access to use the Mobile Flyp website.

 

  1. Registration Requirements. In order to complete a transaction with Mobile Flyp, a User must create an account with Mobile Flyp Any User registering for such an account agrees to the terms and herein. You also agree to provide true and accurate information during the registration process, including Your first and last name, age, mailing address, electronic mailing (“e-mail”) address, and, if applicable, information about any consumer electronic products You submit to Mobile Flyp. Mobile Flyp reserves the right to terminate the access of such Users should Mobile Flyp know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process. ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER. Children under the age of 18 shall not be permitted to register unless represented by a legal guardian, who shall register on behalf of the minor and conduct the transaction in the minor’s name. Mobile Flyp reserves the right to require valid credit card information as proof of legal age.

 

  1. User account. Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify Mobile Flyp at support @mobileflyp.com should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Mobile Flyp shall not be responsible for User’s failure to abide by this Paragraph

 

  1. Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the Mobile Flyp website, or privately transmitted through the Mobile Flyp website, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the Mobile Flyp website. Mobile Flyp does not and cannot control the informational content Users transmit through the Mobile Flyp website. Under no circumstances shall Mobile Flyp be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall Mobile Flyp be held liable for any errors or omissions in any informational content transmitted by Users.

 

  1. User conduct. User agrees to not use the Mobile Flyp website to:

 

    1. upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;

 

    1. harm legal minors;

 

    1. collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User;

 

    1. impersonate another User, person, or entity, including any official or employee of Mobile Flyp;

 

    1. intentionally or unintentionally violate any local, state, or federal law;

 

    1. upload, post or transmit any software or files that contain software viruses or other harmful computer code;

 

    1. interfere with the operation of Mobile Flyp’s web servers or other computers or Internet or network connections;

 

    1. upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”

 

Mobile Flyp does not pre-screen uploaded, posted or transmitted content, but Mobile Flyp reserves the right to inspect, edit and delete any content that Mobile Flyps knows, or has reason to know, has violated this TOS Agreement. Mobile Flyp reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. Mobile Flyp may disclose any informational content Users post, upload or transmit to the Mobile Flyp website, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Mobile Flyp, the public, or other Users.

 

  1. Content submitted by Users. Where applicable, User grants Mobile Flyp a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the Mobile Flyp website.

 

  1. Indemnity. User agrees to indemnify and hold Mobile Flyp, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the TOS, or your violation of any rights of another.

 

  1. No resale. User agrees not to reproduce, copy, duplicate, or sell any portion of the Mobile Flyp website.

 

  1. Limits and modifications. Mobile Flyp may establish without notice limits on the use of its website, including the maximum number of times a User may access the Mobile Flyp website. Mobile Flyp reserves the right to modify any and all portions of the Mobile Flyp website without notice. Under no circumstances shall Mobile Flyp be liable to User or any other party for such limits or modifications.

 

  1. Additional Limitations. Mobile Flyp and any respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the website, including, but not limited to, errors in printing or posting of these TOS.

 

  1. Termination of User account. Mobile Flyp may, at its sole discretion, terminate the User’s account for any reason. Under no circumstances shall Mobile Flyp be liable to User or any other party for such termination of User’s account.

 

  1. Third party advertisers. Mobile Flyp may allow third party advertisers to advertise on the Mobile Flyp website. Mobile Flyp takes no responsibility for User’s dealings with, including any online or other purchases from, any third party advertisers. Mobile Flyp shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers

 

  1. Hyperlink policy. The Mobile Flyp site contains hyperlinks to other Internet sites not under the editorial control of Mobile Flyp, Inc. These hyperlinks are not express or implied endorsements or approvals by Mobile Flyp of any products, services or information available from these sites.

 

  1. Mobile Flyp’s intellectual property rights. User agrees not to distribute, license, or create derivative works from any of Mobile Flyp’s copyrighted or trademarked material, including graphic files and software, available on the Mobile Flyp website.

 

  1. No warranties. THE INFORMATION AND DOWNLOADABLE SOFTWARE PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY GOOD, COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.

 

  1. Limitation of liability. MOBILE FLYP’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION, GOOD, OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). MOBILE FLYP, INC. IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

 

  1. Notice. Notices may be posted to the Mobile Flyp website or e-mailed to Users using the e-mail address Users submitted during the registration process.

 

  1. Applicable Law. This TOS Agreement constitutes the entire agreement between you and Mobile Flyp and governs your use of the Mobile Flyp website. The laws of the State of California shall govern, construe and enforce all of the rights and duties of the parties arising from, or relating in any way to, the subject matter of this contract. The Parties agree that any action brought to enforce any portion of this agreement will be brought in a California State court or a federal court which sits in the State of California.

 

  1. Severability. If a Court finds that any provision of this TOS Agreement is invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

 

  1. Waiver. The failure of Mobile Flyp to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

 

  1. Violations. Please report any known or suspected violations of the Terms of Use, including any suspected copyright or trademark violations, to support@mobileflyp.com.

 

Your California Privacy Rights

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to: