Date Last Revised: November 19, 2019
INTRODUCTION
Throughout the site, the terms 'we', 'us' and 'our' refer to https://airflyby.com/. Airflyby 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 https://airflyby.com/ ('Website') and/ or purchasing products from us, you engage in our 'Service' and agree to be bound by the following terms and conditions ('Terms and Conditions', 'Terms'), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms will be applied fully and affect to your use of this Website. You must not use this Website if you disagree with any of these Website Terms and Conditions.
GENERAL CONDITIONS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You are expressly and emphatically restricted from all of the following:
- publishing any Website material in any media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is, or may be, damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing;
INTELLECTUAL PROPERTY
Information accessible via the Airflyby, its original content, features and functionality are and will remain the exclusive property of Airflyby and its licensors. The Website is protected by copyright, trademark, and other intellectual property laws. The reproduction or use of the trademarks, commercial names or any other distinctive signs, including the website, of Airflyby, is prohibited and it will be prosecuted, according to the applicable national and international legislation.
DATA PROTECTION
The collection, storage and use of the user’s data are conducted by Airflyby in accordance with legal provisions. Airflyby privacy policy is an integral part of these Terms and Conditions and is accessible at https://airflyby.com/privacy-policy/.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
This Website is provided 'as is' with all faults, and Airflyby express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Airflyby is expressly not liable for any material, published information and notifications by the respective provider, as Airflyby is not a party to any travel contract or any other contractual relationships between the user and provider. As such, the provider alone is liable in accordance with the relevant legal provisions.
With regard to travel-related details, Airflyby depends on the information from providers. It is impossible for Airflyby to verify the correctness of the details and information from providers.
While we shall endeavour to ensure that all information on the Website is accurate, we cannot vouch that all information will be accurate and up-to-date at all times. The Website contains a large amount of data, and errors are likely to occur in tracking changes – for example, changes in dates and times of events.
We, therefore, do not accept any liability for error or omission with regards to the content of the Website. Should you find any inaccurate information on the Website, please inform us at blog.airflyby@gmail.com and we shall correct it as soon as it is practicable to do so.
In no event shall Airflyby, nor any of its officers, directors and employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Airflyby, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website. 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.
LINKS TO OTHER WEB SITES
Our Website may contain links to third party websites or services that are not owned or controlled by Airflyby. Our Website has no control over, and assumes no responsibility for the content, privacy policies, or practices of any thirdparty web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Airflyby 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 third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
PAYMENT
You agree to pay to Airflyby any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Airflyby of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
INDEMNIFICATION
You hereby indemnify to the fullest extent Airflyby from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
SEVERABILITY
In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may also terminate our mutual agreement relationship prescribed by these Terms and Conditions, at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
ASSIGNMENT
The Airflyby is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
ENTIRE AGREEMENT
These Terms and Conditions and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of this Website, 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 and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
GOVERNING LAW
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of Texas, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction. Any dispute shall be resolved amicably, if not the litigation shall be held at London Court of International Arbitration, the litigation shall be judged by 3 judges, one chosen by each party and one chosen by the President of the Court.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website. By continuing to access or use our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes. If you do not agree to the new terms, you are no longer authorized to use the Website.
CONTACT INFORMATION
If you have any questions about these Terms, please contact us:
Airflyby
100 Crescent Court, Suite 700
Dallas
blog.airflyby@gmail.com