Terms of Service

By accessing, using, or viewing any content on this web site (hereinafter known as the “Site”), you hereby agree to be bound by the following Terms of Service.

The Site is owned and operated by Flignitz LLC. If you violate the Terms of Service, Flignitz LLC has the right to terminate your use of the Site, and any related services, and/or take any appropriate legal actions against you. Flignitz LLC reserves the right to change the Terms of Service at any time, for any reason.

If you do not agree to the Terms of Service, you cannot use this Site or any of the content provided or offered herein.

1. Permitted Use

You may utilize the Site and any features, information, images, and various other data contained therein (collectively, the “Data”) only for personal, non-commercial purposes. You may access, view, and make copies of the Data in the Site only for your personal, non-commercial use, and you will not publish or otherwise distribute the Data for any other purpose. Without limiting the foregoing, you may not utilize the Site to sell any product or service, to advertise or direct activity to other web sites or for similar commercial activities without the express written consent of Flignitz LLC. You may not modify, publish, transmit, re-transmit, display, re-display, participate or re-participate in the transfer or sale, create derivative works, or in any way exploit any of the Data, in whole or in part.

Further restrictions on the use of this Site and its Data are provided in Sections 2, 6, and 9 of the Terms of Service, and in certain secret, non-public documents of Flignitz Corp (USA), where applicable.

2. Ownership and Trademarks

Participant does not acquire, obtain, assume, covet, or have any ownership, license, or other proprietary interest in the Site or the Data. You understand that the Site and the Data are protected by copyrights, trademarks, service marks, patents, and other proprietary rights and laws. You cannot use any protected material without the express written consent of the owner of such material, except as permitted by law. Specifically, some of the Data on this Site, including all data derived from the Flignitz Server™ and Flignitz™ Content Generator and Sub-Aggregator Systems, is unique and proprietary to Flignitz LLC, and is not available for any commercial use without advance written consent from Flignitz LLC.

ANY USE OF THIS DATA SHALL ACKNOWLEDGE Flignitz Corp (USA) AND/OR THE Flignitz Corporation WEB SITE AS THE SOURCE.

Flignitz LLC will take appropriate legal action to protect the Data and safeguard against any unauthorized use of the Data.

3. Privacy Policy

The use of personal information for the Site is governed by our Privacy Policy. (See our complete Privacy Policy for details.)

4. Monitoring

Flignitz LLC shall have the right, in its sole discretion, to refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, Flignitz LLC shall have the right, but not the obligation, to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. However, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not those of Flignitz LLC.

5. Links

The Site may include links and advertisements pointing to other websites, products, or services. You acknowledge that these links are provided solely as an inconvenience to you, and not as an endorsement by Flignitz Corp (USA) or Flignitz LLC, or by any of its third-party providers, regarding the content of those other websites. Neither Flignitz LLC nor its third-party providers are responsible for, or will have any liability with respect to the information contained in any websites that you may access as a result of such links, including any objectionable or offensive content. If you decide to visit any other website or forum for any reason, you do so at your own risk.

6. Blogs and Discussions

Blogs (or web logs) are intended for use by individuals to share their personal interests in various subjects with other users of the Flignitz Corp (USA) web site. Blog areas of the Site, including the official Flignitz Corporation Blogs, may allow for public discussion of various ideas, facts and opinions. Flignitz LLC is not an editor or publisher of any information, advice, ideas, statements, offers, sources or opinions (the “Shared Information”) supplied by third parties and users of the Site, and does not have editorial control over such Shared Information. Any Shared Information expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Flignitz Corp (USA) or Flignitz LLC, its employees, agents, representatives, or affiliates. Flignitz LLC does not monitor the content of all the Shared Information twenty-four hours a day and, therefore, does not endorse and cannot be responsible for the appropriateness, accuracy or reliability of any Shared Information made by anyone other than Flignitz LLC‘s authorized employees and representatives, while acting within the scope of their official capacities.

You may post information that is appropriate for general readership. You may not post information that is objectionable, inappropriate or offensive for general readership. Flignitz LLC is not responsible for, nor will have any liability with respect to the information contained in any websites that you may access as a result of such links, including any objectionable or offensive content. You may not use the Site and/or the discussion forums to advertise or sell a product or service, or to advertise or direct activity to other websites. You may not use the Site for any commercial purpose without the prior written approval of Flignitz LLC.

Flignitz LLC shall have the right, in its sole discretion, to refuse to post or remove any material submitted to or posted on the Site, including any material that Flignitz LLC, in its sole discretion, finds to be objectionable or inappropriate in any way.

7. Advertisers, Vendors, and Service Providers

The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that materials submitted for inclusion on the Site are accurate and comply with applicable laws. Neither Flignitz Corp (USA) nor Flignitz LLC will be responsible for the legality of or any error in accuracy in any advertiser’s or sponsor’s materials. Participant understands and agrees that, in order to provide for the use of this Site, Flignitz LLC contracts with certain vendors and service providers, which have certain rights, limitations of warranties, and limitations of liability in those contracts. Participant understands and agrees that it is not a third party beneficiary under any such agreements, that it has no rights whatsoever pursuant to such agreements, and that it has no contractual or other relationship with any advertiser, business affiliate, vendor, or service provider, by reason of the use of information provided on this Site, or any agreement relating to the Site. To the extent that Participant has any such rights or claims by operation of law or otherwise, Participant hereby waives any and all rights and claims whatsoever against those vendors and service providers, whether resulting from the exercise of any right by such vendors or service providers pursuant to such agreements, any error or omission in the services provided, not provided, withdrawn, or terminated, or the use of this Site.

8. Limitation of Liability

Flignitz LLC assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness, or obsolescence of any Data contained in the Site.

THE SERVICES OF THE SITE ARE PROVIDED AS-IS, WITH NO WARRANTIES WHATSOEVER.

Without limiting the generality of the forgoing, you agree that neither Flignitz LLC nor any of its affiliates, employees, or agents will be liable to you or to any other party for any direct or indirect damages, or for any special, exemplary, punitive, incidental, consequential, or other damages (including, but not limited to, lost profits or lost time), whether based on contract, tort, strict liability or otherwise, which arise out of or are in any way connected with any access to the Site or any viewing or use of any information on the Site. You acknowledge that the limitations in this Section are reasonable and appropriate.

FLIGNITZ LLC DISCLAIMS ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE DATA IN THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE ARISING BY LAW OR STATUTE. YOU AGREE THAT YOUR USE OF, OR RELIANCE UPON, ALL DATA OBTAINED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.

9. Unauthorized Use and Non-Interference

You agree that you will not use or attempt to use any method, device, software or routine to harm others or interfere with functioning of the Site, or use and/or monitor any information in or related to the Site for any unauthorized purpose. Specifically, each Participant, whether authorized or unauthorized, agrees that it will not (and will not permit any of its employees, agents, and any other third party) do any of the following:

  • Upload, post, email, transmit or otherwise make available any Data or content on the Site as to which you do not possess all of the patent, trademark, copyright, trade secret, license or other rights to do so;
  • Violate any applicable laws and regulations, whether federal, state, local, foreign or international, applicable to the Site, its Data and/or your use of either, including without limitation U.S. export and re-export control laws and regulations, and you will not otherwise engage in any illegal, manipulative or misleading activity through use of this Site or its Data;
  • Use this Site or the Data or provide, link, or otherwise make available, any information on the Site that is unlawful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, harmful to minors or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, or otherwise misrepresent your affiliation;
  • Manipulate, forge, or otherwise modify information or identifiers in a manner which may hide or disguise the origin of any information;
  • Upload, post, email, transmit, link to or otherwise make available any information on the Site that infringes any intellectual property rights or other proprietary rights of others, or that contains any virus, computer code, file, or other material which has as its intended purpose, the interruption, destruction, or loss of functionality of any computer software, Data, hardware, telecommunications equipment, or communications ability;
  • Attempt to gain access to confidential information to which you are not entitled;
  • Modify, reverse engineer, reverse assemble, decompile or hack into any of the software applications or related tools or utilities used by this Site;
  • Alter or delete information not provided by you, or interfere with the operation of this Site including, but not limited to, by distribution of unsolicited advertising or mail messages or propagation of worms, viruses and the like.

By providing Data or material, you agree to be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to Flignitz LLC‘s policies regarding privacy, all e-mails, messages, postings, ideas, suggestions, concepts or other ideas or materials submitted will be treated as non-confidential and non-proprietary, and may be used freely thereafter by Flignitz LLC for any purposes it deems appropriate, including commercial gain.

By submitting information to the Flignitz Corp (USA) web site, you automatically grant, or warrant that the owner of such material has expressly granted Flignitz LLC a royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material, in whole or in part, and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You agree to permit any other user of the Site to access, view, download or reproduce the material for any use permitted by the Site. You grant Flignitz LLC the right to edit, copy, display, publish and distribute any information or material made available on the Site by you.

10. Indemnification

You agree to indemnify and to hold Flignitz LLC, its subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage, or expense (including reasonable attorneys fees) arising out of your use of the Site, including, without limitation, any violations by you in the terms and conditions for your use of the Site.

11. Viruses

Flignitz LLC will use commercially reasonable efforts to maintain the Site free of viruses and other harmful components. However, as the Site is accessible by third parties, Flignitz LLC cannot assume any responsibility for any viruses or other harmful components that may affect your computer equipment or other property as a result of your access to, viewing of, or downloading any Data from the Site. Flignitz LLC does not warrant that the Site, its servers or any Data downloaded from the Site is free from viruses, bugs or other harmful components.

12. Modification and Termination

Without limiting other remedies, Flignitz LLC may immediately discontinue, suspend, terminate, or block your and any user’s access to this Site at any time, in its sole discretion. Flignitz LLC may amend or modify these terms and conditions at any time. Any such change will become effective immediately upon the date it is first posted to this Site. You agree to be bound by the revised terms and conditions. It is your responsibility to return to this page, from time to time, to review the most current terms and conditions. Flignitz LLC does not assume any obligation to notify you of changes to these terms and conditions.

13. Governing Law and Jurisdiction

These terms and conditions and your access to and use of information from the Site are governed by the laws of the State of Nebraskansas. In the event of any dispute regarding the interpretation or compliance with these terms and conditions, you consent to the exclusive jurisdiction of the state and federal courts located in Umbria County, Nebraskansas.

14. Entire Agreement

These terms and conditions of use for this web site constitute the entire agreement between you and Flignitz LLC regarding your access to the Site and your reproduction and use of any information in the Site. Any waiver of any term or condition shall not be effective unless in a written document signed by an authorized representative of Flignitz LLC.

Contact:
Flignitz LLC
6525 Gunpark Drive, Suite 370-178
Boulder, CO 80301