TERMS OF USE

 

BY USING OR ACCESSING THIS WEBSITE, YOU ACCEPT AND AGREE TO ALL APPLICABLE LAWS AND REGULATIONS REGARDLESS OF LOCATION.

Upon access to this Website, Users agree to accept the following Terms of Use Policy.  http://www.theflyingkids.com (“Website”) is owned and operated within the country of the United Kingdom by ‘FlyingKids Limited’. Terms such as “our”, “us”, or “we” shall be used within this Agreement and refers to FlyingKids owners and operators.  The Term “User(s)” refers to any individual or company representative using the Website for any purpose.  Any User that represents a company is required to have the authority as an entity, and is stating they have full consent and authority to make such binding decisions.

ACCEPTANCE OF THIS AGREEMENT

The Terms set forth within this legally binding Terms of Use Policy pertaining to the use of http://www.theflyingkids.com/ and the use of its subpages, mobile websites and applications.  Any User of this Website agrees to be responsible for compliance with any applicable jurisdiction whether it be local, state, federal, and international laws simply by accessing the Website.  If a Use does not with any of the Terms herein that User is prohibited from accessing or using the Website and are required to log off immediately.

ENTIRE AGREEMENT

These Terms and any other legal notices, policies and guidelines of FlyingKids linked to these Terms constitute the entire Agreement between the User and FlyingKids relating to the use of this Website and supersedes any prior Agreements (whether oral or written), claims, representations, and/or understandings regarding such subject matter and the Terms may not be amended or modified except by making such amendments or modifications available on this Website.

SITE SERVICES

FlyingKids Limited is a company marketing professional grade products such as books and education material for parents who enjoy traveling around the world with children.  After many years of researching and trials by parents who love to travel with their families, FlyingKids has been able to compile photos, schedules, behavior plans, books, blogs, etc… to enhance and educate its Users.  Furthermore, FlyingKids desires to reach as many travelers as possible, promoting proper health and wellness globally while traveling with children.  FlyingKids is dedicated to building, educating, promoting, and enhancing the interests of our Users in an effort to better serve the travel lovers’ community.  FlyingKids takes pride in supporting Users by offering essential options for the most competitive value.  FlyingKids complies with all industry influences which include any rules and regulations implemented on a Country, State, County or Local level; therefore, we require our Users to adhere to the same principles.  FlyingKids provides information which is “as is” and “at your own risk” to the User and FlyingKids is not liable for any information or actions committed or not conducted on this Website.

CHANGES

Periodically changes to the Website, Terms of Use, or any other Agreement or Policy within our Website may take place without notice, and Users are responsible for checking these Terms periodically for any revisions.  All amended Terms become effective upon being posted to the Website, and any use of the Website after such revisions have been posted signifies the User consents to the changes.  It is the Users responsibility to review the Terms and all other Policies prior to accessing the Website.

USE OF MATERIALS

FlyingKids provides all Materials and information on this Website with full copyright protection.  All Materials are under the ownership of FlyingKids and all other Materials labeled with any trademark and service mark are the property of their respective owners.  Users acknowledge any usage of the information and/or Materials is the Users sole responsibility, and FlyingKids or its affiliates hold no liability for any usage of its Materials including any fraudulent usage of its Materials.  This includes, but is not limited to web content (including product descriptions), articles, blog, email correspondences, or any other written content (‘Materials’), and are provided only for informative purposes.  We use a diverse range of information, text, photographs, designs, graphics, images and other Materials and effects on the Website.  Users are prohibited from data mining, scraping, crawling, or using any process that sends automated queries to or from the Website.

Users are prohibited from using the Website to compile a collection of listings, including a competing list for any products.  Users are prohibited from using the Website or any of its Materials for any unsolicited commercial e-mail listings and is strictly a violation of usage terms.  Users are not granted a license under any copyright, trademark, patent or other intellectual property rights in the Materials or the products or any product processes described herein.  All such rights are retained by FlyingKids.

FlyingKids and its affiliates shall not be held responsible for any direct, indirect, incidental, special, exemplary or consequential damages of any kind whatsoever as a result of, or relating to, the use of this Website, other Websites or resources linked to or accessed through this Website.  Furthermore, FlyingKids shall not be held responsible for any and all claims, liabilities, losses, business interruption, or other data, cost and expenses (including attorney fees) resulting from the use of any and all Materials found on this Website.

Any unauthorized or prohibited use of Materials may subject the user to civil liability and criminal prosecution under applicable federal, state and international laws.  In the event illegal use is conducted the User shall be held liable, while FlyingKids and its affiliates, hold no responsibility for User actions and cooperate with the law regarding any investigation requests.

HOW YOU MAY USE OUR MARKS

FlyingKids has exclusive rights to its: (a) Name; (b) Logo; (c) Design Marks; (d) Slogans; (e) Service Marks; and/or (f) Quotes.  Furthermore, violations of the Terms (including use of Materials) are considered a breach of intellectual property rights as well as copyrighted materials.  All copies that a User makes of the Materials on this Website must include any copyright, trademark or other proprietary notice located on the Website that pertains to the Material being copied.  Users are not authorized to use any names or marks in any advertising, publicity or in any other commercial manner without prior written consent of FlyingKids.

LIMITATION OF USE

FlyingKids agrees to provide a professional, industry specific Website to its Users; however, Users must agree to not “Abuse” the Website.

Abuse includes, without limitation, using the Website to:

  • Dishonestly and/or illegally apply and/or obtain donated products under false pretence;
  • Defame, harass, stalk, threaten, abuse or otherwise violate others’ rights as defined by applicable law;
  • Harm or interfere with the operation of others’ computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses;
  • Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software;
  • Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark;
  • Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information;
  • Download or upload files that are unlawful to distribute through the Website;
  • Interfere with or disrupt the Website, servers or networks connected to the Website, including attempting to interfere with the access of any other User, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” the Website;
  • Direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process, computer systems or otherwise, create unreasonable load upon any of computer hardware, network, storage, input/output or electronic control devices or infrastructure;
  • Transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website;
  • Falsely use a password or personal identification number during logging into the Website, or misrepresent one’s identity or authority to act on behalf of another; and/or
  • Violate this Agreement in any other manner.

HOW WE MAY USE INFORMATION YOU PROVIDE TO US

Please do not send us any confidential or proprietary information.  Any Material, including, but not limited to feedback, data, answers, questions, comments, suggestions, or ideas which Users send to us shall be treated as being non-confidential and nonproprietary.  FlyingKids assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and shall be free to reproduce, use, and distribute the information to others without restriction.  FlyingKids shall be free to use any ideas, concepts, know-how or techniques contained in information that Users send to us for any purpose including, but not limited to developing, manufacturing, or marketing products and services incorporating such information.

NO THIRD PARTY ENDORSEMENTS

FlyingKids does not represent the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, or other promotions or Materials, including advice, ratings, and recommendations contained on, distributed through, or linked, or accessed from the Website.  References made regarding any names, marks, products or services of third parties or hypertext links to third party Websites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other Materials displayed, purchased, or obtained by a User as a result of an advertisement or any other information or offer in or in connection with our Website.

Links to external websites may on occasion be provided within the content of this Website as a convenience to Users.  The listing of an external website does not imply endorsement of that website, and no representations regarding the availability and performance of any websites to which we provide links to.  If a User decides to click on advertiser banners, sponsor links, or other external links, the Users’ browser may automatically direct the User to a new browser window that is not hosted or controlled by FlyingKids.  Therefore, FlyingKids and its affiliates are not responsible for the content, functionality, or technological safety of those external websites.  FlyingKids suggests each User use extreme caution and review each third-party policy available on each third-party website to ensure the User understands the practices expected of that third-party website.

INDEMNITY

Users agree to indemnify FlyingKids from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by the User and/or of these Terms.

SECURITY & WARRANTY

FlyingKids only utilizes secure technology which may include software to ensure User personal information is secure; however, the general use of the internet is a risk within itself and Users need to use reasonable caution when making decisions regarding any internet use in general.  FlyingKids cannot assure Users that personal data information shall not be decrypted, intercepted or stolen by any other means, and so FlyingKids is not liable for such personal information being decrypted, intercepted, or stolen and any damages the User sustains due to any breach.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND COVENANTS RELATING TO THE INFORMATION AND PRODUCTS CONTAINED WITHIN THIS WEBSITE.  ALL SUCH INFORMATION AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR COVENANT OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

Users expressly understand and agree that FlyingKids and its subsidiaries, affiliates, employees, agents, partners and licensors shall not be liable to Users for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.  Even if FlyingKids has been advised of the possibility of such damages resulting from use of the Website, its content or any related services, the foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law.

IN NO EVENT SHALL FLYINGKIDS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF: (A) ACCESS TO, OR USE OF THIS WEBSITE, OR DELAY OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION CONTAINED IN THIS WEBSITE; OR (B) THE AVAILABILITY AND ACCESSIBILITY OF PRODUCTS.  NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.

GENERAL TERMS

These Terms are governed by and construed in accordance with the laws of Israel and thrives to comply with all other international requirements when legally required to do so.  By accessing our Website, Users consent to these Terms and consent to being subject to the jurisdiction of the Israel regardless of physical location.  Users are responsible for compliance with other applicable laws within the Users own jurisdiction.  If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue to be in full force and effect.

Every attempt is made to monitor the Materials residing on this Website; however, FlyingKids are under no obligation to monitor those Materials and shall not be held accountable for any mistakes or misleading information within the Website.  Users agree that FlyingKids may monitor Website content and make changes as they deem appropriate.

Updated January 05, 2016