TERMS OF SERVICE
Last Updated: January 30, 2017
1. SPEED OF AIR
2. MINIMUM AGE REQUIREMENT
3. Speed of Air Proprietary RIGHTS AND GRANTS
(a) Title and Copyright in Speed of Air.
It is hereby understood and agreed that, except as provided in Section 4 below, we own all rights, title, and interest, including all copyrights, in and to Speed of Air and any copies thereof, regardless of the media or form in which Speed of Air or copies thereof may exist. Except as expressly provided herein, you do not acquire any rights, title or interest to Speed of Air.
(b) License to You.
“Content” means any and all text, images, photos, audio, video, location data, hyperlinks, programs, and all other forms of data or communication. To “Post” means to post, submit, or transmit to, through, or in connection with Speed of Air. “Your Content” means Content that you Post. “User Content” means Content that users of Speed of Air Post and includes, without limitation, Your Content.
(a) Responsibility for User Content.
All User Content is the sole responsibility of the person or persons who Post it. You agree that we do not control, and are not responsible for, User Content. Under no circumstances will we be responsible for any loss or damage arising from User Content.
You alone are responsible for Your Content. You assume all risks associated with Your Content, including (i) anyone’s reliance on Your Content, (ii) any loss or damage arising from Your Content, and (ii) any disclosure in Your Content of information that makes you personally identifiable.
(b) Editing User Content.
(c) Posting Harmful Content.
(d) License to Us.
You retain ownership in Your Content, including any intellectual property rights you hold in Your Content. When you Post Content, you grant to us an irrevocable, perpetual, transferable, non-exclusive license, to be exercised by us at our sole and absolute discretion throughout the universe on or through any media and using any technologies, whether now known or later devised, to (i) grant sublicenses, (ii) edit, copy, publicly display, publicly perform, publish, broadcast, retransmit, distribute, create derivative works of, and otherwise to exercise and exploit, whether commercially or otherwise, any and all proprietary rights in and to that Content; and (iii) copy, publicly display, publish, broadcast, retransmit, and distribute your name or username in association with that Content. By Posting Content, you represent and warrant that you have the necessary rights to grant this license. We reserve the right to ban your use of Speed of Air if you violate another’s intellectual property rights.
You will not knowingly or negligently Post any Content that contains viruses or other computer programming defects. You are advised to make sure each computer you use to access Speed of Air has updated anti-virus software protecting it.
You will not directly or indirectly use Speed of Air for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. “Spam” or “Spamming” means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including any advertisements.
(g) Commercial Use.
You will not promote a business or other commercial venture or event, sell or commercially use any User Content, or otherwise use Speed of Air for commercial purposes, except as expressly permitted by us.
(h) Reuse of Content.
You will not collect, aggregate, copy, harvest, duplicate, display or make derivative use of Content on Speed of Air, or use data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us in writing.
5. USER ACCOUNT AND ACCESS
If you create a Speed of Air account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You will not, and you will not assist, encourage, or enable others to, attempt to gain unauthorized access to Speed of Air, or computer systems or networks connected to Speed of Air, through hacking, password mining, or any other means.
We reserve the right to refuse service, terminate your account, or ban you from Speed of Air, without notice or liability of any kind, and in our sole discretion.
7. LINKS TO THIRD PARTY SITES
Speed of Air may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. You use of Third Party Sites at your own risk.
8. CHANGES TO THE AGREEMENT
9. COMPLAINTS AND INVESTIGATION
10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied and posted on Speed of Air in a way that constitutes copyright infringement, please send the following information to our Copyright Agent identified below:
(i) A description of the copyrighted work that you claim has been infringed;
(ii) A description of where the allegedly infringed material is located on Speed of Air website;
(iii) A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(iv) Your address, telephone number, and email address so that we can contact you;
(v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(vi) A statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”
Our designated Copyright Agent to receive Notice of claimed infringement is:
Speed of Air, Inc.
Attn: Michael Dalton
1999 Harrison Street 25th Floor
Oakland, CA 94612
telephone: (510) 451-0544 Ext 276
fax: (510) 832-1486
Please note: This procedure is exclusively for notifying us that your copyrighted material has been infringed. Any other feedback, comments, requests for technical support, and other communications should be directed to Speed of Air user services at firstname.lastname@example.org.
11. NO WARRANTIES
Speed of Air, including all materials and information included thereon, is furnished “as is” and with all faults. We make, and you receive, no warranties, express, implied, or statutory, in connection with any communication with you. To the maximum extent permitted by applicable law, we disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty that operation of Speed of Air will be uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in Speed of Air will be corrected. You expressly assume all risk arising out of the use or performance of Speed of Air, including the risk resulting from support/maintenance services (whether performed in whole, in part, or not at all), from any virus, downloaded material, harmful component, or from any site or server through which Speed of Air is available. You shall be solely responsible for the accuracy and transmission of all data entered, and for any damage that results from or is in connection with use of Speed of Air.
12. LIMITATION OF LIABILITY
The limitation of liability is to the maximum extent permitted by applicable law. As used in this Section, “we,” “our,” or “us” expressly includes Speed of Air, Inc. and/or our officers, directors, managers, employees, partners, contractors, affiliates, subsidiaries, agents, attorneys, web developers, technical support/maintenance providers, distributors, advertisers, licensors, sublicensees, and assigns, or any person or entity involved in creating, producing, or distributing Speed of Air.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS, whether arising in contract, tort, or otherwise, and INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (including damages for loss of business profits, business interruption, loss or corruption of business information or other data, cost of cover, or any other pecuniary loss) ARISING OUT OF THE USE OF, PARTICIPATION IN, OR INABILITY TO USE SPEED OF AIR, OR THE VIEWING, DISTRIBUTING, COPYING, OR OTHER USE OF ANY CONTENT, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF THE ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS, OR “HACKERS”) OF SPEED OF AIR.
15. GOVERNING LAW AND JURISDICTION