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TERMS-OF-SERVICE
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NEW FLY STAR TERMS-OF-SERVICE
Important notice to all readers! You should read this notice
carefully before using newflystar.itgo.com,
as the terms and conditions below govern your use of
newflystar.itgo.com and any material that may
be made available through it.
You must not use newflystar.itgo.com in any way unless you agree
to all the terms and conditions below.
TERMS OF SERVICE OF THE AGREEMENT ("TOS")
FOR THE USE OF
newflystar.itgo.com and its services/products TERMS For purposes
of the TOS, the term "WE" or "US" shall mean the webmaster(s),
maker(s), creator(s), employee(s), researcher(s), office(s),
director(s), affiliate(s), content writer(s), staff, licensor(s),
sublicensor(s), agent(s), manager(s), administrator(s), liquidator(s),
officer(s), shareholder(s), servant(s), subsidiary, subsidiaries,
subcontractor(s) and/or related entities of newflystar.itgo.com.
For purposes of the TOS, the term "YOU" or "YOUR"
shall mean you, your heirs, agent(s), successor(s), assign(s)
and/or person(s) acting on your behalf.
For purposes of the TOS, the term "FORUMS"
shall mean user-generated content areas
including, but not limited to forums, chat rooms, guestbooks and/or
message boards For purposes
of the TOS, the term "CONTENT" shall mean the informational
or personal or educational services like the
display or processing of personalized content, information,
web page(s) with hidden (e.g. meta tags) or
broadly visible content, know-how, material, communication
(e.g. via email or FORUMS),
ideas, ad(s), concepts, programming code,
techniques, database information, messages, link(s), software (e.g.
compter programs, video, graphics,
photographs, audio clips) and/or affiliate program(s).
For purposes of the TOS, the term "PROCESS" shall mean
to use, share, distribute, archive, store,
reproduce, modify, adapt, publish, create derivative works,
translate, publicly post, publicly perform and/or
publicly display CONTENT (in whole or in part or in
a searchable format) and to incorporate CONTENT into
other works in any form, media, software or technology of
any kind, whether now existing or developed
in the future, online or offline, for any purpose whatsoever,
including but not limited to developing, manufacturing
and/or marketing products using CONTENT.
DESCRIPTION OF SERVICE
WE may provide YOU with access to a collection of interactive
or non-interactive resources, including * FORUMS * communications
tools including, but not limited to, instant messaging,
mobile messaging, email (including, but not limited to,
electronic greeting cards) * shopping services
* search services * money services * programming services,
programs, software products * data services
* CONTENT through newflystar.itgo.com or a network
of properties which may be accessed through any various
medium or device now known or hereafter developed
(collectively "The Service").
THE PARTIES OF THIS AGREEMENT; BASIC AGREEMENT; USE OF SERVICE
The TOS is by and between US and YOU. The TOS is
made effective as of the date of electronic execution.
Using The Service ("USE", "USING") includes, but is not limited to,
uploading of, participating in, accessing data
from, interacting with or downloading of (as a whole
or in parts) of CONTENT
or otherwise using The Service. By USING The Service
YOU acknowledge that YOU have
read, understand and agree to be bound by all the
terms and conditions of the TOS irrevocably, unconditionally
and without protest or notification. Each time YOU
USE The Service YOU reaffirm YOUR acceptance of the
then-current TOS. WE may also offer other services
that are governed by different or additional terms of service.
Unless explicitly stated otherwise, any new features
that augment or enhance the current The Service,
including the release of new properties of US, shall be
subject to the TOS. WE have the right to change, modify,
add to or discontinue or retire any aspect or feature
of The Service (at any time, for any reason or no reason at
all, and without prior or later notice and without liability
to YOU, to any other user or to any third party)
including, but not limited to the CONTENT, hours
of availability, equipment needed for access or use,
the maximum disk space that will be allotted on the
servers of US on YOUR behalf, either cumulatively or
for any particular service.
ADVERTISEMENTS
YOU also understand and agree that the TOS may include
advertisements and that these advertisements may be
necessary for US to provide The Service.
PRIVACY POLICY AND DATA COLLECTION
Upon YOUR visit to US, a cookie may be sent to YOUR computer
that uniquely identifies YOUR browser. A "cookie" is a small textfile.
WE may use cookies to improve the
quality of The Service and to better understand how people
interact with US. Most browsers are initially set
up to accept cookies. YOU can reset YOUR browser to refuse
all cookies or to indicate when a cookie is being sent.
However, some features of The Service may not function properly
without cookies. WE do not collect any private
information beyond the typical internetuser-webserver information
or beyond publicly available information
except where WE have YOUR consent. WE do not rent or
sell or share or give away YOUR personally identifying
information to other companies or individuals, unless
WE have YOUR consent. If YOU have an account with US,
WE may share the information submitted under
YOUR account amongst all of our services in order to provide
YOU with a seamless experience and to improve the
quality of The Service. WE will not disclose YOUR account
information to other people or companies, except in
the limited circumstances described in the TOS or
with YOUR consent. WE may PROCESS personal information
collected on our site in any country in which
WE maintain business. By using The Service,
YOU consent to the transfer of YOUR information amongst
these countries, including those located outside YOUR country.
In the event of a transfer of ownership of
The Service or the domain "newflystar.itgo.com",
such as acquisition by or merger with another company,
WE may provide notice before any personally identifying
information is transferred and becomes subject to
a different privacy policy. WE may share aggregated
information with others. Examples of this include the
"Number of users who performed a search for a special
keyword" or "Number of users who clicked on a
particular link" WE may present links in a format that
enables US to understand whether they have been clicked.
COMMUNICATION WITH US If WE receive communication
from you it will remain confidential and will not
be reproduced without permission, except in the
following circumstance: WE reserve the right to archive,
copy, reproduce, redistribute and make derivative
works of any communication, via electonic mail, postal
mail, telephone (WE may record YOUR telephone calls to US),
instant message or any other media, which
is in our sole discretion, that - harasses, threatens or
is abusive to The Service or any CONTENT writer of
The Service or any member of The Service or - is
damaging to the reputation of The Service or any of US or
- serves to vilify, defame or cast aspersions against
The Service or any of US with the intent of interfering
with business relationships, including, but not limited to,
affiliations or service agreements (this includes
ANY threatening letters to an ISP, Web host, etc.,
or allegations of activities in violation of applicable laws
and/or service agreements). or - contains legal information
(including, but not limited to (DMCA) copyright
notices) Any such material shall become the property of US.
WE shall be the sole arbiter(s) of what
constitutes a communication fitting the above descriptions.
Upon receipt of any such communucation,
or notification of receipt of any such communication by a
party associated with The Service, WE reserve
the right take to take action as necessary to protect
rights and interests, with or without prior notice to
the person(s) or group(s) responsible for said communication.
DISCLAIMER OF WARRANTIES
YOU expressly understand and agree that:
* YOUR USE of The Service is at YOUR sole risk.
The Service is provided on an "as is" and "as available" basis.
WE expressly disclaim 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. * WE make 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 will be corrected.
No part of The Service represents a commitment on the
part of US in the future.
* Any CONTENT downloaded or otherwise obtained through the USE of
The Service (including but not limited to software, links,
content on external webpages, pictures)
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.
* If YOU establish an account with US then
YOU are the responsible to keep the account login
data (e.g. password(s)) safe. * Any third-party
material (including content of external webpages
linked to by The Service) is presented solely for the
purposes of education and furtherance of
the knowledge of the reader. Any third-party material
displayed or used by The Service remains
the property of their respective owners. While
methodology detailed herein could potentially
be used maliciously or to facilitate activities
which are unlawful, this is not the intent. WE do not
condone the commission of unlawful acts: in particular,
WE do not condone the use of any
information presented herein to commit unlawful acts
or for the furtherance of any unlawful activities.
* No advice or information, whether oral or written,
obtained by YOU through or from
The Service shall create any warranty not expressly
stated in the TOS. LINKS The above
"DISCLAIMER OF WARRANTIES"
is valid for links displayed by The Service. Moreover the
following terms apply for clarification: "LINKS" include,
but are not limited to, text links,
ad(s) with or without graphics (banners, flash movies etc),
links generated by a database query,
links added to the system by user input (e.g. in FORUMS),
links generated by a "random link generator",
links manually added to newflystar.itgo.com by US.
LINKS to external webpages (= webpages outside
of the domain of newflystar.itgo.com) may display
content developed by people over whom WE
exercise no control. WE do not necessarily scrutinize
these pages before or after including a LINK
to them. An external webpage may have content that
some people find objectionable, inappropriate,
or offensive. WE cannot assume responsibility for any
external webpage nor do WE agree
(express or implied) with its content. WE may even disagree
with the content of external web pages.
The placement of a LINK at The Service does not mean
WE intend to encourage YOU to visit the "linked to"
webpage. WE don't encourage YOU to use, take part in or
believe anything an external webpage claims,
offers or features. An external webpage may change
its content, promotions, rules, or regulations without
any notice after WE have added a LINK to it. It is not
guaranteed and WE cannot guarantee the accuracy of
promises/statements of advertisements or LINKS that are
displayed by The Service. The obligation is placed
upon YOU to take the initiative and full responsibility to
thoroughly investigate any offer, product or service
which is displayed/advertised on The Service.
LIMITATION OF LIABILITY
YOU expressly understand and agree
that WE 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 WE have been advised of the possibility of such damages),
resulting from: - 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; - the USE or the
inability to USE The Service - access delays or interruptions
to The Service - failure to store any user
communications or personalization settings - data delivery
or non-delivery or misdelivery between
YOU and US - events beyond our control (e.g. acts of God)
- unauthorized access to or alteration
of YOUR transmissions or data - statements or conduct
of any third party on The Service; - errors,
omissions, misstatements, discrepancies, receipts, neglects,
defaults or decisions - deletion of, failure to store,
or failure to process or act upon email messages - processing
of updated information to YOUR account data -
development or interruption of The Service -
errors taking place with regard to
the processing of The Service - any act or omission
caused by YOU (whether authorized by YOU or not) -
any other matter relating to The Service or - any relationship
with US WE shall not be responsible
or liable for the accuracy, currentness, usefulness
or availability of any information transmitted or
made available via The Service, and shall not be
responsible or liable for any decisions made
based on such information. Statements or comments
provided on The Service are general information
and are not intended express or implied to be a substitute
for informed professional medical,
psychiatric, psychological, tax, legal, health, investment,
accounting, or other advice or care.
Statements or comments provided on The Service are not
evaluated or approved or supported
by any official or federal agency. YOU should not use
this information to diagnose, change,
prevent, treat, delay, cure or reduce any problem or
condition. Please consult an expert with
any questions or concerns YOU might have
regarding any condition or problem. WE make no
express or implied representation, warranty or
guarantee in connection with the information
contained in and provided through The Service,
including the appropriateness, accuracy,
correctness, veractiy, value, sufficiency, timeliness
or completeness of the data, methods or
other information contained in and provided through
The Service. WE do not endorse, and
expressly disclaim liability for any product,
manufacturer, distributor, service or service provider
mentioned or any opinion expressed in statements
or comments. YOU should never assume
in FORUMS that people are who they say they are,
know what they say they know, or are affiliated
with whom they say they are affiliated with, or are
not affiliated with whom they say they are not
affiliated with. Information obtained in FORUMS may
not be reliable, and it is not a good idea to take
any action, including to trade or make any investment
decisions, based solely or largely on information
YOU cannot confirm, verify or falsify. Under no
circumstances shall WE be liable to any user on account
of that user's USE or mis-USE of or reliance on
The Service. Arising from any claim relating to the TOS or
the subject matter hereof such limitation of liability
shall apply to prevent recovery of direct, indirect, ideal,
incidental, consequential, special, exemplary or punitive
damages whether such claim is based on warranty,
contract, tort (including negligence), or otherwise,
(even if WE have been advised of the possibility of such
damages). Such limitation of liability shall apply
whether the damages arise from USE or mis-USE
of and reliance on The Service, from inability to USE
The Service, or from the interruption, suspension, or termination
of The Service (including such damages incurred by third parties).
This limitation shall also apply with respect
to damages incurred by reason of other services or
goods received through or advertised on The Service or
received through any LINKS provided in The Service,
as well as by reason of any information or advice received
through or advertised on The Service or received through
any LINKS provided in The Service. This limitation
shall also apply, without limitation, to the costs of procurement
of substitute goods or services, lost profits,
or lost data. Such limitation shall further apply
with respect to the performance or non-performance of The
Service or any information or merchandise that appears
on, or is linked or related in any way to, The Service.
Such limitation shall apply notwithstanding any failure
of essential purpose of any limited remedy and to the
fullest extent permitted by law. Given the nature of
the internet and the volume of messages and postings,
WE cannot and do not monitor all of the material posted
or transmitted by users and third party information
providers. WE discourage divulging personal phone
numbers and addresses or other information that can be
used to identify or locate YOU. If YOU make
such disclosures YOU do so fully understanding the consequences
of such disclosures and with a knowing consent that
such information could be used to identify YOU.
Without limiting the foregoing, under no circumstances
shall WE be held liable for any delay or failure
in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond its reasonable
control, including, without limitation, internet failures,
computer equipment failures, telecommunication
equipment failures, other equipment failures,
electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or
materials, fires, floods, storms, explosions,
acts of god, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance
of third parties, or loss of or fluctuations in heat, light,
or air conditioning. YOU agree that WE shall not be
bound by any representations made by third parties
who YOU may use to purchase services from US,
and that any statements of a general nature, which
may be posted on newflystar.itgo.com's web pages
or be contained in promotional materials, will not bind US.
YOU will openly take the full burden and
consequences for any harm. YOUR sole and exclusive
remedy for dissatisfaction with The Service is
to stop using The Service.
CIRCUMVENTING OR EXPLOITING SECURITY MEASURES
YOU may not enter parts of the web pages of newflystar.itgo.com
by circumventing security measures, e.g. by making
untrue statements/confirmations (e.g. confirming that YOU
are 18 years of age or older if
YOU are not 18 years of age or older), by re-registering under
a non-banned username (or by using an anonymous account),
by changing or cloaking IP addresses to evade an IP
ban, by registering a new email account to evade an
email ban and/or by exploiting
security holes. YOU may not disclose any vulnerabilities
(= security holes of The Service)
before first notifying US and waiting 1 week after
having notified us. MEMBERSHIP; UP TO
DATE INFORMATION Some parts of The Service
may require YOU to register and provide personal or
non-personal information such as name, e-mail address, gender,
date of birth, zip code (the "Registration Information").
If YOU want to become a
Member of US (= 'register as a member' =
'open an account with US' = 'subscribe to
services of US' = (as explained at newflystar.itgo.com))
YOU are not authorized to
register any person other than YOU as a Member or
otherwise enter membership
information regarding any person other than YOU.
YOU are allowed, however, to
enter profile information regarding third parties
so long as YOUR USE and maintenance
of such information does not violate the TOS or
the legal rights of the third-parties.
Furthermore, YOU also warrant and represent that
all information YOU provide is true,
current, complete, and accurate at the time YOU
provide such information. YOU agree
to notify US ten (10) business days when any
of the information YOU provided
as part of the application and/or registration
for an account with US changes. It
is YOUR responsibility to keep this information
in a current and accurate status.
Failure by YOU, for whatever reason, to provide US
with accurate and reliable
information on an initial and continual basis,
shall be considered to be a material
breach of the TOS. Failure by YOU, for whatever
reason, to respond within ten
(10) business days to any inquiries made
by US to determine the validity of
information provided by YOU, shall also be
considered to be a material breach
of the TOS. YOU agree to retain a copy for
YOUR record of the receipt for any
purchase made with US. YOU agree that
YOUR chosen username (also known as
"user id" or "screen name" or "login" or "login name")
and YOUR user graphic
(also known as "avatar") complies with section
"UNACCEPTABLE USE". Moreover
YOU may not * use a screen name or an avatar of
another person with the
intention of impersonating that person * use a
screen name or an avatar that
resembles the screen name or avatar of
another user * use a screen name or
an avatar of anyone else without authorization
* use a screen name or an avatar
in violation of the intellectual property rights
of any person * use a screen name
or an avatar that WE consider in sole discretion
as being inappropriate
SUSPENSION OF SERVICES; BREACH OF AGREEMENT;
BANNING YOU; DELETING YOUR ACOUNT;
TERMINATION OF MEMBERSHIP
YOU agree that, in addition
to other events set forth in the TOS, YOUR ability to USE of The Service
provided by US is subject to cancellation or suspension in the event there
is an unresolved breach of the TOS and/or suspension or cancellation
is required by any policy now in effect or adopted later by the TOS
or third-party agreements. YOU agree that YOUR failure to comply completely
with the TOS may be considered by US to be a material breach of the TOS and
that WE may provide YOU with notice of such breach either in writing or electronically
(i.e. email). In the event YOU do not provide US with material evidence that YOU
have not breached YOUR obligations to US within ten (10) business days, WE may
terminate the relationship with YOU and take any remedial action available to US
under the applicable laws. Such remedial action may be implemented without
notice to YOU and may include, but is not limited to, terminating YOUR
accounts and discontinuing The Service to YOU. No fees will be refunded
to YOU because of a breach. The failure of US to act upon or notify
YOU of any event, which may constitute a breach, shall not relieve YOU
from or excuse YOU of the fact that YOU have committed a breach.
WE may ban YOU from the USE of The Service. A ban of YOU may
include, but is not limited to * refuse to allow YOU access to one or
some or all functions of The Service * refuse to allow YOU to login to
The Service * refuse to allow YOU to view otherwise freely available
CONTENT Banning YOU may or may not include deleting your
ACCOUNT and/or CONTENT submitted by YOU. In the event
WE delete an account of YOU used in association with spam
or morally objectionable activities, no refund will be issued.
WE do not guarantee to cancel/delete/terminate YOUR
account or CONTENT submitted by YOU, even if YOU demand it.
WE may choose to continue to display any CONTENT submitted
by YOU. WE may choose to keep YOUR account active even
after banning YOU.
COUNTING USER ACTIONS
In case of
counting incoming, outgoing, internal or website-internal hits,
clicks or other user actions or interactions (collectively, "USER ACTIONS")
(e.g. for toplists) WE reserve the right to filter out (= not count,
not accept) USER ACTIONS that are considered as illegitimate
by US, for example USER ACTIONS made from certain
IPs or from a browser that doesn't have certain features
(e.g. that doesn't accept cookies) or from bots or automatic
programs. CONTENT SUBMITTED OR MADE AVAILABLE FOR
INCLUSION ON THE SERVICE WE do not claim ownership of
CONTENT YOU submit or make available for inclusion on
The Service (e.g. for guestbooks, discussion boards).
However, with respect to CONTENT YOU submit or
make available for inclusion on The Service YOU
grant US the world-wide, royalty free, non-exclusive,
perpetual, irrevocable and fully sublicensable right and
license to PROCESS the CONTENT. We may make all
CONTENT YOU submit to US fully available to public
search engines (e.g. Google, Yahoo, ...), except where
stated otherwise. WE are not responsible for the similarity
of any of the CONTENT in any media to materials or ideas
transmitted to US. Should YOU send any unsolicited materials or ideas,
YOU do so with the understanding no additional consideration of any sort
will be provided to YOU, and YOU are waiving any claim against US
regarding the use of such materials and ideas, even if material or
an idea is used that is substantially similar to the idea YOU sent.
YOU agree not to submit statements, questions or comments designed
to elicit responses that relate to illegal activity or that infringe upon another
party's intellectual property rights. WE do not edit, screen, filter,
modify, or otherwise monitor the content of statements, questions or
comments of user-submitted CONTENT in advance of initially posting
or displaying such CONTENT on The Service.
RESTRICTION OF SERVICES;
RIGHT OF REFUSAL; UNACCEPTABLE USE
Although WE will try to provide
a wealth of publicly-accessible information, WE reserve the right to reject
(= not publish) or to edit a user-submitted material for any reason or no
reason at all, or to remove a user-submitted material which is vulgar,
unlawful, useless, but WE have no obligation to review or remove any such
material. WE reserve the right to refuse service to anyone at any time
without notice for any reason and to remove objectionable or personally
identifiable information. YOU agree not to USE The Service or to allow or
enable others, to USE The Service for one or more of the following purposes
or in one of the following ways: * Upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail", "bulk email", "bulk instant messages", "spam",
"chain letters", "pyramid schemes", or any other form of solicitation,
except in those areas that are designated for such purpose * Repetitive,
high volume inquires into The Service * Damage, overburden, disable,
impair The Service * 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 * Commit acts
which are illegal or morally objectionable. Morally objectionable activities will include,
but not be limited to: activities designed to defame, embarrass, harm, abuse,
spread untruths, threaten, flame, slander or harass third parties or US or members
of The Service; activities prohibited by the laws of the United States and/or
foreign territories in which YOU conduct business; activities designed to
encourage or advocate unlawful behavior by others, such as hate crimes,
terrorism and child pornography; activities that are tortuous, libelous,
vulgar, obscene, harassing, abusive, defamatory, invasive of the
privacy of a third party, bigoted, racially, ethnically, or otherwise
objectionable; activities designed to impersonate the identity of a
third party; and activities designed to harm minors in any way.
* Excessive overloading on the DNS system of US * Server
hacking or other perpetration of security breaches, mail bombing,
internet packet flooding, packet corruption, or other abusive
attacks * Post excessive numbers of emoticons/smilies, large,
small or coloured text, shouting text (= the use of CAPITAL
LETTERS), use excessive punctuation (e.g. !!!!!! or ?????)
* Post, upload or otherwise make available any CONTENT
that could be classified as bumping = whose only use is
to mark a post thread as updated or upvalued * Engage
in FORUMS in antisocial, harassing, disruptive, or destructive
acts, including "flaming", "stalking", "mobbing", "spamming",
"flooding", "trolling", "snerting", "griefing", "leetspeaking" as
those terms are commonly understood and used on the internet;
* Post, upload or otherwise make available any CONTENT not
related to appropriate subject matters * Post, upload or otherwise
make available any CONTENT which is misleading to others * Post,
upload or otherwise make available any CONTENT that YOU do
not have a right to post and transmit under any law or under
contractual relationships; * Post, upload or otherwise make
available any CONTENT, such that such posting, uploading,
or transmission constitutes the infringement of any patent,
trademark, trade secret, copyright or other proprietary rights
of any party * Post, upload or otherwise make available any
materials that contain 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 * Disrupt the normal flow
of dialogue, cause a screen to "scroll" faster than other
users of The Service are able to type, or otherwise act in
a manner that negatively affects other users' ability to
engage in real time exchanges * Forge headers or
otherwise manipulate identifiers in order to disguise
the origin of any CONTENT transmitted through The Service;
* Collect or store personal data about other users in
connection with the prohibited conduct and activities set
forth in the paragraphs above * WE shall be the sole
judge about what represents an illegal USE of The
Service of US. YOU are bound and will submit to
OUR assessment.
CHOICE OF LAW AND FORUMS
The TOS and the relationship between YOU and
US shall be governed by the laws of the county/province
the majority of the management of US is operating
from without regard to its conflict of law provisions.
YOU and WE agree to submit to the personal and
exclusive jurisdiction of the courts located within the
area of the majority of the operational management
of US. TRADEMARKS AND DOMAIN NAMES * YOU
agree not to use in any manner any trademark(s)
or service mark(s) or logo(s) of US or product
name(s) or service name(s) which are trademarks
of US without prior permission of US.
* All products, services, trademarks mentioned
are properties of their respective companies
or organizations. * By the USE of The Service
YOU waive any and all claims regarding OUR
trademarks or domain names that we use.
INDEMNITY AND LEGAL USE
* YOU agree to
release, defend, indemnify and hold harmless
US and the contractors, agents, shareholders
and affiliates of US from and against any and
all losses, defamations, trade disparagements,
privacy or intellectual property infringements,
damages, misfortunes, problems, unexpected
happenenings or costs (including attorney or
court fees) resulting from any claim, action,
proceeding suit or demand arising out of or
related to the USE of The Service (including
but not limited to YOUR agents, affiliates or
anyone using YOUR account with US whether
or not on YOUR behalf, and whether or not
with YOUR permission). Should WE be notified of
a pending law suit, or receive notice of the filing of a
law suit, WE may seek a written confirmation from
YOU concerning YOUR obligation to indemnify US.
YOUR failure to provide such a confirmation may be
considered a breach of the TOS. * YOU agree
to waive any right you may have to commence or
participate in any class action suit or proceeding or
law suit against US arising out of or relating to the
USE of The Service. YOU also agree to opt out of
any proceeding, class proceeding or law suit against
US. * YOU accept that newflystar.itgo.com is a free
speech zone and a censor free zone. By YOUR USE
of The Service you accept that there is no recourse
and no appeal for damages caused by slander,
potential slander, libel, potential libel, critique,
criticism, discussion, evaluation, invalidation,
needlessly inflammatory or abusive language,
failure to substantiate allegations or other
expressions, whether in writing or other CONTENT.
Just like a boxer cannot seek recourse for pain
suffered from a competition, YOU cannot seek
recourse for damages caused by YOUR USE of
The Service. * YOU may not USE The Service
if the USE is illegal or prohibited or infringes YOUR
local, state national or international law, rule,
regulation or right of the political area or geographical area
or country in which YOU reside.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties
or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above
limitations may not apply to YOU. NO THIRD PARTY
BENEFICIARIES YOU agree that there shall be no third
party beneficiaries to the TOS.
NO AUTOMATED QUERYING;
NO AUTOMATED DATABASE QUERYING; MEANS OF QUERY
INPUT; NO SCRAPING; NO OBFUSCATING
YOU may not
retrieve or scan or fetch or extract or parse the data from
the www portion of newflystar.itgo.com by any data
mining, data gathering or extraction method, including robots,
spiders, bots, agents, or any other such software (collectively,
"Datamining Software") or manually and reformat the data and
publish/display/distribute them or embed them into YOUR
website(s) or service(s) or intranet(s) or extranet(s). This
restriction does not apply if YOU are a public search
engine for www websites (e.g. Google, Yahoo, ...)
that links to newflystar.itgo.com along with the search
results. * Searches of the database(s) made available
via The Service are carried out by YOUR input of
search information containing data to be compared
against the contents of the database(s). The only
permissible means of query input is manual
keyboard entry except for users who must use
some other form of data input due to a physical
disability. * Under no circumstances may YOU utilize
Datamining Software or application designed to perform
multiple or repeated searches/queries of the database(s)
of US by circumventing the need for manual entry at
newflystar.itgo.com. * YOU agree that YOU will not modify,
copy, distribute, process, make available, transmit, translate,
display, perform, reproduce, publish, license, sub-licence,
create derivative works from, use on any other web site,
transfer or sell any information, software, lists of information
provided through or obtained from The Service whether or not
for payment or other consideration. This means, among
other activities, that YOU agree not to engage in the practices
of "screen scraping," "database scraping," or any other
activity with the purpose of obtaining lists of users or lists
of other information. * YOU may not display/embed parts
of newflystar.itgo.com while obfuscating (= cloaking
newflystar.itgo.com's logos, copyright notices etc).
NO PARTNERSHIP YOU agree that no joint venture,
partnership, employment or agency relationship exists between
YOU and US as a result of the TOS or USE of The Service.
NO REVERSE ENGINEERING
YOU may not decompile or disassemble
or reverse engineer any part of The Service.
THIRD-PARTY SERVICES CHANGE OF TERMS OF SERVICE
The Service relies
on third parties (ISPs, banks, clearing services, etc).
The third parties may retire or alter or stop or apply parts
of their services or some of their terms of service in such a
way that WE have to stop The Service or a part of The Service.
Anyone who uses any of The Service may stop to receive
commission payouts thereafter if commission payouts are
due. Sorry, not the fault of US. A number of commercial
services, such as financial and contractor services, may
be offered by third parties through newflystar.itgo.com.
YOU acknowledge that by permitting such services to be
offered through newflystar.itgo.com, WE are acting as a
passive conduit for the transmission to such third parties
of any information related to such services that YOU
submit to US.
GENERAL TERMS; MODIFICATIONS OF THE TOS; ENTIRETY
Unless otherwise specified herein,
the TOS constitute the entire agreement between YOU
and US and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral
or written, between YOU and US. Any waiver of any
provision of the TOS will be effective only if in writing and
signed by US. Additional terms and regulations may apply
for certain areas of The Service (e.g. discussion boards,
game sections etc). A printed version of the TOS and
of any notice 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. WE may change the
TOS from time to time. Review the TOS from time
to time so that YOU will be apprised of any changes.
Prior versions of the TOS will be not kept in an archive
for YOU to view. YOU agree to be bound by any
changes WE may reasonably make to the TOS when
such changes become effective. Should YOU elect
to discontinue USE of The Service YOU will not
receive a refund for any fees YOU may have paid to US.
The modified TOS will be effective immediately upon
posting and YOU agree to the new posted TOS
by continuing YOUR USE of The Service. If YOU do not
agree with the modified TOS, YOUR only remedy is to
discontinue to USE The Service and cancel YOUR
registration/membership if any.
PAYMENT TERMS
YOU responsible for obtaining access to The Service
and that access may involve third party fees (such as
Internet service provider or airtime charges). YOU are
responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition,
YOU must provide and are responsible for all equipment necessary to
access The Service. Delinquent payments shall bear interest at the
rate of one-and-one-half percent per month (or the highest rate
permitted by law, if less) from the due date until paid in full.
YOU will be responsible for all reasonable expenses
(including attorneys' fees) incurred by US in collecting
unpaid or delinquent amounts. All payments due are
in Euro unless otherwise agreed by US in writing.
CONFIDENTIALITY CONTENT
YOU submit or
correspondence YOU between YOU and other users
of The Service do not form the basis for a
professional-client relationship, including but not
limited to attorney-client, physician-patient, or
therapist-patient and are not subject to standards
or requirements of confidentiality and/or privilege
associated therewith.
REGISTRATION OBLIGATIONS
In consideration of YOUR USE of The Service,
YOU represent that YOU are of legal age to form
a binding contract and are not a person barred
from receiving services under the laws of the United States
or other applicable jurisdiction.
CHILDREN AND
The Service WE are concerned about the safety
and privacy of all users of US, particularly children.
The Service is designed to appeal to a broad audience.
For this reason, if YOU are the parent of a child under
the age of 13 whom YOU want to allow access to The
Service YOU must fax to US a written statement that
allows such acces and identifies YOU and YOUR child.
YOU must certify that YOU are at least 18 years old
and that YOU are the legal guardian of the child/children.
The Service is designed to appeal to a broad audience.
As the legal guardian, it is YOUR responsibility to determine
whether The Service and/or CONTENT are appropriate for
YOUR child.
STATUTE OF LIMITATIONS
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 TOS must be filed within one (1)
week after such claim or cause of action arose or be
forever barred.
SEVERABILITY; MISCELLANEOUS
YOU
agree that the TOS are severable. If for any reason
a court of competent jurisdiction finds any provision or
portion of the TOS 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 the TOS shall continue in full force and effect.
OUR failure to act with respect to a breach by YOU
or others does not waive OUR right to act with
respect to subsequent or similar breaches.
The failure of US to exercise or enforce any right
or provision of these terms and conditions shall not
constitute a waiver of such right or provision. OUR
failure to exercise or enforce any right under the
TOS shall not be deemed to be a waiver of any
such right or operate to bar the exercise or enforcement
thereof at any time or times thereafter. The
section headings and subheadings and new lines
contained in the TOS are included for convenience
only, and shall not limit or otherwise affect the terms
of the TOS. Typographical errors shall not limit or otherwise
affect the terms of the TOS. WE will not be responsible or
liable for the exercise or non-exercise of OUR rights under
this Agreement. In the case of a conflict between the TOS
and the terms of any electronic or machine readable
statement or policy (for example, a P3P electronic privacy
policy), the TOS shall control.
ELECTRONIC DELIVERYPOLICY WE,
as an online business, transact and communicate
with others electronically. When YOU USE The Service,
YOU consent to receive electronically from US any privacy
or other notices, agreements, newsletters, disclosures,
administrative messages, reports, documents,
announcements, communications, or other records
(collectively, "Notices"). YOU agree to accept notices
or communication electronically. An electronically
transmitted Notice shall have the same legal binding
power as a Notice written on paper. YOU agree that
WE generally can send YOU electronic Notices in
either or both of the following ways: (1) to the
e-mail address that YOU provided to US during
registration or (2) WE may post Notices within
a function of The Service. YOU agree that certain
services may also have their own Notice
procedure. YOU must check YOUR designated
e-mail address regularly for Notices. YOU must
have a personal computer connected to the
internet in order to access Notices. YOU will
need a printer to print any .