Advanced Flyer: Terms of Agreement

Last updated: 05/10/06

1. ACCEPTANCE OF TERMS

Welcome to Advanced Flyer. Advanced Flyer provides its service to you, subject to the following Terms of Service. The Terms of Service constitute a legal agreement between you and Advanced Flyer. You must accept without modification all of the terms, conditions, and notices contained in the Terms of Service in order to access and use the Service. If you do not accept the Terms of Service in their entirety, you may not access or use the Service. By using the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to check on updates here at any time. You must be 18 years old and competent to enter into a contract to use the Service. When using Advanced Flyer services, you and Advanced Flyer shall be subject to any posted guidelines or rules. All such guidelines or rules are hereby incorporated by reference into the Terms of Service.

2. MODIFICATION OF THE TERMS OF SERVICE

Advanced Flyer may wish to update or change the terms, conditions, and notices for Service from time to time to reflect changes in the Service, changes in the laws affecting the Service, or for other good reasons. When we do, we will also revise the “last updated” date at the top the Terms of Service. You understand that Advanced Flyer reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions, and notices. Continued access to or use of the Service after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Service shall be subject to the Terms of Service, as modified from time to time.

3. DESCRIPTION OF SERVICE

Advanced Flyer provides the creation of Flash movies, web design, graphic design, and CD and DVD creation. You also understand and agree that the service may include certain communications from Advanced Flyer, such as service announcements, administrative messages and the Advanced Flyer Newsletter, and that these communications are considered part of the Advanced Flyer service and you will not be able to opt out of receiving them without termination of all services. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Advanced Flyer properties, shall be subject to the Terms of Service. You understand and agree that the Service is provided "AS-IS" and that Advanced Flyer assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings of our service or the services of companies outside Advanced Flyer; or alteration of your transmissions or data that can occurs due to technical or programming anomalies of networks, software, or services outside Advanced Flyer services.

4. YOUR OBLIGATIONS

In consideration of your use of the service, you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Advanced Flyer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Advanced Flyer has the right to suspend or terminate your account and refuse any and all current or future use of the Service.

5. ADVANCED FLYER PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. View our privacy policy at www.AdvancedFlyer.com/privacy.html.

6. PAYMENT TERMS

6.1 General Terms

To participate you must have a valid credit card and provide your credit card, billing information and other information. The credit card that you provide when placing your order will be billed before design or Services are rendered. All currency references are in U.S. dollars. There are no refunds after the design process has begun. Prepayments for discounted Services are non-refundable and non-transferable.

6.2 Termination

If your credit card is invalid for any reason, your Services will be suspended or cancelled immediately and all the information contained within it deleted permanently. Advanced Flyer accepts no liability for information that is deleted due to an invalid credit card.

7. ADVANCED FLYER’S RESERVATION OF RIGHTS

Advanced Flyer expressly reserves the right to immediately modify, suspend or terminate access to Services and refuse current or future use of any Advanced Flyer service when in its sole discretion believes a client or Registrant has: (i) violated or tried to violate the rights of others; or (ii) if we become aware of information indicating a safety concern for you, or the general public, or (iii) acted inconsistently with the spirit or letter of the Terms of Service.

8. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted, privately transmitted, or linked to, are the sole responsibility of the person from which such Content originated. This means that you, and not Advanced Flyer, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Advanced Flyer does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Advanced Flyer be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

a. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use and enjoyment of them;

c. harm minors in any way;

d. impersonate any person or entity, including, but not limited to, a Advanced Flyer official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

f. attempt to gain unauthorized access to any Advanced Flyer account, computer systems or networks associated with the Service, or attempt to obtain any materials or information through any means not intentionally made available or provided through the Service;

g. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

h. upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

i. upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, applicable “spam” laws;

l. promote participation in multi-level or pyramid marketing initiatives;

m. promote what constitutes a raffle, sweepstakes, lottery, or any other form of gambling;

n. specifically advertise firearms or ammunition, tobacco, alcohol, pornography, or any other product or service that is illegal in Memphis, Tennessee, or the domicile of either the distributor or recipient;

o. use the Service in a manner outside the original intent of the Service; or

p. "stalk" or otherwise harass another;

You acknowledge that Advanced Flyer does not pre-screen Content. Without limiting the foregoing, Advanced Flyer and its designees shall have the right to remove any Content that violates the Terms of Service or is otherwise objectionable. You will comply with all applicable laws and regulations regarding online conduct and content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Advanced Flyer, including without limitation information in Advanced Flyer.

You acknowledge and agree that Advanced Flyer may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Advanced Flyer, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

11. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Advanced Flyer does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion in Services, you grant Advanced Flyer the following world-wide, royalty free and non-exclusive license(s), as applicable:

• With respect to Content you submit or make available for inclusion in Services provided by Advanced Flyer, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting Advanced Flyer. This license exists for as long as Advanced Flyer sees fit or Advanced Flyer removes such Content from the Service.

• With respect to photos, graphics, audio or video you submit or make available for inclusion in services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as Advanced Flyer sees fit or Advanced Flyer removes such Content from the Service.

• With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

12. INDEMNITY

You agree to indemnify and hold Advanced Flyer, 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, email or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

13. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

14. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Advanced Flyer may establish general practices and limits concerning use of the Service, the maximum disk space that will be allotted on Advanced Flyer's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Advanced Flyer has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You further acknowledge that Advanced Flyer reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

15. MODIFICATIONS TO SERVICE

Advanced Flyer reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Advanced Flyer shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

16. TERMINATION

You agree that Advanced Flyer, in its sole discretion, may terminate your account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Advanced Flyer believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Advanced Flyer may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Advanced Flyer may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Advanced Flyer shall not be liable to you or any third-party for any termination of your access to the Service.

17. LINKS

The Service may provide links to other World Wide Web sites or resources. Because Advanced Flyer has no control over such sites and resources, you acknowledge and agree that Advanced Flyer is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Advanced Flyer 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 site or resource, nor is Advanced Flyer responsible if the linked site is not working appropriately. You are responsible for viewing and abiding by the Privacy Statements and Terms of Service posted at the linked sites.

18. ADVANCED FLYER'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software or programming code used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Advanced Flyer, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the software, or programming code, in whole or in part. Advanced Flyer grants you a personal, non-transferable and non-exclusive right and license to use the Service on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service, the software, or programming code. You agree not to modify the software or programming code in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Advanced Flyer for use in accessing the Service.

19. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADVANCED FLYER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. ADVANCED FLYER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE OR PROGRAMMMING CODE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADVANCED FLYER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

20. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ADVANCED FLYER, EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE 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 KNOWN TO US), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVANCED FLYER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBLE OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

21. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service.

22. TRADEMARK INFORMATION

Advanced Flyer and the Advanced Flyer logo are trademarks of Advanced Flyer. Without Advanced Flyer's prior permission, you agree not to display or use in any manner, Advanced Flyer trademarks.

23. COPYRIGHTS AND COPYRIGHT AGENTS

Advanced Flyer respects the intellectual property of others, and we ask our users to do the same. We own intellectual property rights to the content on the Service and its design, structure, and compilation (sometimes known as "look and feel"). It is very easy to copy things in cyberspace, but not necessarily always acceptable or legal. You must have the legal right to any content you upload or download using the Service.

Unless otherwise noted, you may view, copy, download, and print Advanced Flyer documents from the Service so long as you use them only for personal, non-commercial purposes and do not post, distribute, or modify them or remove any copyright, trademark, or other proprietary notices. For permission to use third-party materials appearing on the Service, please contact the copyright owner.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Advanced Flyer's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Advanced Flyer's claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Copyright Agent c/o Advanced Flyer, P. O. Box 353, Cordova, TN 38088-0353.

24. GENERAL INFORMATION

The Terms of Service constitute the entire agreement between you and Advanced Flyer and govern your use of the Service, superceding any prior agreements between you and Advanced Flyer. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Advanced Flyer to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Service are governed by the laws of the State of Tennessee, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Shelby County, Tennessee, U.S.A. in all disputes arising out of or relating to the use of the Service. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Advanced Flyer as a result of these Terms of Service or use of the Service.

Advanced Flyer may assign these Terms of Service, in whole or in part, at any time. Advanced Flyer's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Advanced Flyer's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by Advanced Flyer with respect to such use. You agree to indemnify and hold Advanced Flyer, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service. If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. These Terms of Service, including the documents expressly incorporated by reference above, constitute the entire agreement between you and Advanced Flyer with respect to the Service and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Advanced Flyer with respect to the Service. A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

25. VIOLATIONS

Please report any violations of the Terms of Service to us.

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