FlyWatching - Terms of Service

Terms and Conditions

(FlyWatching)

FlyWatching

Last updated: June 09, 2016.

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the FlyWatching through website or Apps (the "Service", "Services", "Application") operated by FlyWatching ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Privacy Policy. If you disagree with any part of the Terms and Privacy Policy then you may not access the Service.

For each questions or suggestions, please contact us at support@flywatching.com

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. When you do that, don't impersonate anyone else or choose names that are offensive or that violate anyone's rights. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

During the registration process, you will may receive email containing useful information to complete the registration.

Upon completing the registration process, you will receive a confirmation email containing your chosen information to the email address you provided.

By starting the registration process you accept to receive such emails.

You are responsible for safeguarding the account (user name, password) that you use to access the Service and for any activities or actions under your account, whether your account is with our Service or a third-party service.

You should ensure that you exit properly from your account at the end of each session.

By becoming a registered user of our Services, you will also be prompted to give your consent to our processing of your personal data in accordance with our Privacy Policy.

If you are physical person, you must be over 18 years of age in order to register an account for using the Services.

Your Username and password must not be offensive, or cause others to feel unsafe or unwelcome.

You agree not to disclose your account to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

If you wish to deactivate your account please contact us at support@flywatching.com.

Links To Other Web Sites

Our Service may contain links to third-party web sites, applications or services ("Third Party Services") that are not owned or controlled by FlyWatching.

FlyWatching has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third Party Services. You further acknowledge and agree that FlyWatching shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit or you use.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you must send email to support@flywatching.com.

Upon terminating your viewing of these materials (information or software) or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic, printed format or software.

Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. No notice prior to any new terms will be given. It is strongly recommended to check this Terms often, referring to the date of the last modification listed at the top. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Changes to the Services

You acknowledge and agree that nothing in these Terms constitutes an undertaking by us to provide the Services in its present form or under any specifications. We may, in our sole and absolute discretion, from time to time make additions to, deletions from, modifications to, or change the format and features of the Services.

If such changes apply to the Service in a way that may affect or impair the Paid Services, FlyWatching shall bear no responsibility and shall not be obliged to perform any full or partial refund of any payments made by you for any Paid Services.

Payment and fees

We provide paid Services which can be purchased on the Website or through so-called "in-app" purchases in some of our Apps.

Paid Services will be provided as a subscription fee which may be annual or may include some months.

The price list is showed to you from time to time during the subscribing process by the Website or in one of our mobile applications.

You may effect payment of the fee through any of the means of payment offered by us on the Website or in one of our mobile applications.

If any payment is not made on the expiry date, your Paid Service subscription will be automatically and immediately terminated.

FlyWatching may change the prices for the Paid Services at any time and will notify you of the price changes through our Website. Although the list is showed to you during the subscribing or renewing process, it is strongly recommended to check the price list before.

Price changes to Paid Services will take effect from the next subscription period following the price change.

If you do not agree with the price changes, you may unsubscribe from the Services by not renewing the next.

Payment method

The payment processing services, by Web or in-app, allow this application to process payments via credit card, bank transfer or other instruments. The data used for the payment are collected directly by the payment service provider without being processed in any way by this Application. Some of these services may also allow the sending of the User programmed messages, such as emails containing invoices or notifications relating to the payment.

Each payment service provider has a its own Terms of Use and Privacy Policy. We strongly advise you to read the terms and conditions and privacy policies of any of the payment service provider.

We do not guarantee or assume any liability for transactions authorized and completed which may later be reversed or charged back.

You are solely responsible for all the transactions performed through the payment service providers.

License

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable right to access and use the Services. Unless otherwise stated in these Terms, this right is granted for your personal, non-commercial use only. Permission is granted to temporarily download one copy of the materials (information or software) from the Services for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

Modify or copy the materials;
Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
Attempt to decompile or reverse engineer any software contained on the Services;
Remove any copyright or other proprietary notations from the materials; or
Transfer the materials to another person or "mirror" the materials on any other server.

This license and the right to access the Services shall automatically terminate if you violate any provision of these Terms. Upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

The Services, Apps, and the information which they contain, are the property of FlyWatching, and is protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All FlyWatching product names and logos are trademarks or registered trademarks of FlyWatching. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.

Nothing in these Terms shall be interpreted as a transfer of such rights from us to you. You are solely entitled to the limited license to the Services specifically granted under these Terms.

Forum, Blog and Chat Policies

FlyWatching may allow registered users to participate to forum, blog or chat. By participating to a such discussion rooms you agree to be bound by the following policies.

Profanity, verbal attacks on others, on-line dating, advertisement of any sort, or promoting any business opportunity is not allowed.

Please be courteous with others. You should always be respectful of others' wishes. There may be times when conversations get emotionally intense, including the use of graphic language (not vulgar language.) This is permitted in the proper context, but we ask that you remain courteous of other people. If the conversation has become counter-productive, we suggest that you take a break and come back later.

Don't post just to rile people. Don't disrupt the purpose of the chat or forum - they are here to foster genuine and constructive dialogue between people. Do not post messages that contain intentional misrepresentation of facts, or intentionally distort the truth. Do not change the subject of a thread or post or otherwise misdirect a chat discussion (a.k.a. "derail"). Do not pretend to be another user/member or otherwise lie about your identity. Use of any trademarked or copyrighted material without written permission is prohibited. Discussion of illegal activities are strictly prohibited.

Harassment, verbal abuse of another user, flooding, flaming, spamming, use of programs such as IRC clients, worms, bots scripts, or Trojan horses will NOT BE TOLERATED for any reason. Initiation or participation in any such activity will cause you to be banned, and may be cause to report the behavior to your Internet service provider (ISP). Be aware that we record the ISP of all visitors and users.

A link may be posted with information about a topic or subject that is being discussed, or if someone asks that a link be provided for additional information about a topic. As long as links are not being added constantly or in a way that is disruptive, this is permissible. Promotional links and posts for someone's own business website is not allowed unless agreed with us.

The above list is not all-inclusive, and there may be situations where a chat conversation violates the etiquette policy in another way. In these cases, the moderator will make the final decision regarding appropriate chat.

We may terminate or suspend access to discussion rooms immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

No Warranties

THE SERVICES, APPS, SOFTWARE, INFORMATION AND DOCUMENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

SPECIFICALLY, BUT WITHOUT LIMITATION, FlyWatching DOES NOT WARRANT THAT:

THE INFORMATION ON THE WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE;
THE SERVICES PROVIDED BY THE WEB SITE OR APPS WILL BE UNINTERRUPTED OR ERROR-FREE;
DEFECTS WILL BE CORRECTED, OR
THE WEB SITE, APPS OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE PROVIDES POSITION, IDENTITY AND ANY OTHER INFORMATION on aircraftS, AIRFIELDS and, DRONES ARE CORRECTS OR WITHOUT ERRORS.

FlyWatching SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SERVICES OR THE USE OR OTHER DEALINGS WITH THE SERVICES.

FlyWatching isn't liable for any damages or losses related to your use of the Services. We don't become involved in disputes between users, or between users and any third party relating to the use of the Services. We don't oversee the performance or punctuality of projects, and we don't endorse any content users submit to the Site. When you use the Services, you release FlyWatching from claims, damages, and demands of every kind - known or unknown, suspected or unsuspected, disclosed or undisclosed - arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You're solely responsible for any resulting damage or loss to any party.

Services and Apps are subject to change. FlyWatching periodically adds or updates the information, Services, Apps and documents via web site or Apps without notice. It is the user's responsibility to ascertain whether any information downloaded from the web site and the downloaded Apps are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

Disclaimer of Liability

UNDER NO CIRCUMSTANCES SHALL FlyWatching OR ITS LICENSORS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR THE INFORMATION CONTAINED ON IT, EVEN IF FlyWatching HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FlyWatching's OR ITS LICENSORS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES AND OF THE WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE. THE SERVICES MAY CONTAIN LINKS TO THIRD PARTY WEBSITES WHICH ARE NOT UNDER OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE CONTENTS OF, NOR DO WE ENDORSE, ANY THIRD PARTY SITES THAT ARE LINKED TO THE SERVICES.

Indemnification

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees and other legal costs) that arise from or relate to your use or misuse of FlyWatching. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you'll cooperate and help us in asserting any defenses.

Warning

We strongly recommend to follow these tips and hints:

You are solely responsible of the flights and/or of the airfield.
Use FlyWatching as an additional equipment to classic control systems. Don't use FlyWatching as main means of safety or navigation.
FlyWatching is provided for informational purposes only and is not related by any means to the safety or navigation.
FlyWatching may not work properly because is based on technologies (GPS, Internet, Server Web) which may fail.
Don't use FlyWatching to detect your position or of third party. FlyWatching is based on the GPS global receiver which may fail due of many causes. So, the retrieval position may be not correct.

By using our Service you accept to follow the above warnings.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by FlyWatching of that third party or of any product or service provided by a third party.

Governing Law

These Terms shall be governed and construed in accordance with the European laws, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

The Rest

These Terms and the other material referenced in them are the entire agreement between you and FlyWatching with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and FlyWatching with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or FlyWatching to exercise any right provided for in these Terms in any way won't be deemed a waiver of any other rights.

These Terms are personal to you. You can't assign them, transfer them, or sublicense them unless you get FlyWatching's prior written consent. FlyWatching has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. FlyWatching will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.

If you have any questions about these Terms, please contact us at support@flywatching.com.