flyDiGiTs.com’s TERMS OF SERVICE These terms of use and legal restrictions govern your use of this Web site, including all subsidiary Web sites, including but not limited to flyDiGiTs.com and flyDiGiTs.org, collectively referred to as the (“Site”). Please read these terms carefully before using the Site. 1. Use Subject to Terms. 1.1 Your use of flyDiGiT’s products, services and Web sites, including any and all logos and trademarks, is subject to the terms of a legal agreement between you and flyDiGiTs. “flyDiGiTs” supported by Madison Avenue and each of its subsidiaries. This document explains how the agreement is made up, and sets out some of the terms of that agreement. 1.2 You should assume that all materials, designs, texts, video, sound and images (collectively, the “Materials”) contained in the Site are the copyrighted property of flyDiGiTs, as well as any of its subsidiaries or of independent third parties. flyDiGiTs neither warrants nor represents that your use of Materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with flyDiGiTs. 1.3 FlyDiGiTs may revise these terms and conditions at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the updated and current terms and conditions to which you are bound. It is important that you take the time to read these terms carefully. 1.4 Winners are subject to verification of identity and age as the site’s prizes are geared for the student appreciation, ages 1118. Any other parties participating and subsequently found to have provided erroneous information will be excluded and disqualified from the winners listing. One winper address per month. Any duplications of accounts that result in multiple winnings to the same address will be disqualified. 2. Accepting the Terms. 2.1 In order to view the Materials provided by the Site, you must first agree to the terms. You may not view the Materials if you do not accept the terms. 2.2 You accept the terms by actually viewing the Materials. In this case, you understand and agree that flyDiGiTs will treat your viewing of the Materials as acceptance of the terms from that point forward. 2.3 Before you continue, you should print off or save a copy of the terms for your records. 3. Representations Through the Site. 3.1 While flyDiGiTs uses reasonable efforts to include accurate and uptodate information in the Site, it makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information,
and assumes no liability or responsibility for any omissions or errors (including without limitation, typographical errors and technical errors) in the content of the Site. 3.2 We have prepared the Site solely for the purpose of providing information about flyDiGiTs and our business. The Site has been compiled in good faith by flyDiGiTs. However, no representation is made as to the completeness or accuracy of the information on the Site. The news reports and articles concerning flyDiGiTs available on the Site speak only as to the respective dates on which they were filed, issued, reported or presented. The contents of these reports and releases can become outofdate, so you should not rely on the continued accuracy of any Materials beyond the date of their filing, issuance or presentation. We make no commitment, and we disclaim any duty, to update any of these reports and releases. Such reporting by third parties concerning products and services given by flyDiGiTs are solely the opinions of such reporters and do not represent the interests or beliefs of flyDiGiTs itself. We do not warrant as to the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed on, or distributed through, the Site. By accepting these terms, you acknowledge that any reliance on any such opinion, advice, statement, memorandum, report, news release or information shall be at your sole risk. Some or all of the content on the Site may be unavailable from timetotime. We make no representations or warranties that the content of the Site, or that of any Web site that links to the Site, or that of any Web site that is linked from the Site, is free from viruses or other items of a destructive nature. 4. Links to Other Web Sites. 4.1 Links to thirdparty Web sites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site. We do not control and are not responsible for any of these sites or their content. Without limiting the foregoing we specifically disclaim any responsibility if such sites: infringe any third party’s intellectualproperty rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate privacy or security; are libelous or defamatory; and/or contain viruses or other items of a destructive nature. We do not endorse or make representations about them, or any information, software or other products or services found on these linked Web sites, or any results that may be obtained from using them. The link to any other site does not imply our endorsement of that site or site owner, or that we are a sponsor of, or affiliated or associated with, or are legally authorized to use, any trademark, trade name, logo, or copyrighted material displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol belonging to flyDiGiTs. If you leave the Site to access any of the thirdparty sites linked to the Site, you do so entirely at your own risk. 5. Behavior on the Site. 5.1 You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Should you intentionally violate this clause by interrupting or attempting to interrupt the operation of the Site, and subsequent litigation ensues, you agree to pay flyDiGiTs the sum of Twenty Five Thousand Dollars ($25,000) as liquidated damages, in addition to all attorney’s fees, court costs and other expenses associated with such litigation. Additionally, you agree to indemnify and save harmless Tricycle and its shareholders, officers and employees from any damage award made against them in such an action. Should this liquidated damages clause be held unenforceable by a court of competent jurisdiction, you agree to binding arbitration, with all arbitration expenses to be paid by you. You further agree that all disputes concerning these terms of use of the content of flyDiGiTs are to be resolved in the courts of the United States of America.
5.2 Loss of points and ban from services will occur when further disruption is caused by inappropriate language, insults or otherwise in the forums of flyDiGiTs.com. 6. Representations and Warranties. 6.1 THE SITE, INCLUDING ALL INFORMATION AND MATERIALS ON THE SITE, THIS PUBLICATION AND ANY REFERENCES TO PRODUCTS OR SERVICES, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. 7. Your Passwords and Account Security. 7.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Materials provided on the Site. 7.2 Accordingly, you agree that you will be solely responsible to Tricycle for all activities that occur under your account. 7.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify FlyDiGiTs immediately at
[email protected]. 8. Privacy and Your Personal Information. 8.1 For information about flyDiGiTs’ date of protection practices, please read Tricycle’s privacy policy. This policy explains how Tricycle treats your personal information, including your email address, and protects your privacy when you use the services provided by the Site. 8.2 You agree to the use of your data in accordance with flyDiGiTs’ privacy policies. 9. Content in the Services. 9.1 In the event that flyDiGiTs may allow for discussions, blogs, chats, postings, transmissions, bulletin board and the like on the Site, flyDiGiTs is under no obligation to monitor or review such transmitted information, and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. FlyDiGiTs will fully cooperate with any law enforcement authorities or court order requesting or directing Tricycle to disclose the identity of anyone posting any such information or materials. 10. Proposed Use of Services.
10.1 FlyDiGiTs authorizes you to view and download the material at the Site only for noncommercial use, provided that you retain and display all copyright, trademark and other proprietary notices contained in the original materials on any copies of these materials. You may not reproduce or publicly display, perform, distribute or otherwise use the Materials for any public or commercial purpose without prior written permission from flyDiGiTs. The Site is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site, and to prevent any unauthorized copying of any of the Materials. 11. Export Control. 11.1 Software, video, news releases, sounds and other Materials from the Site may be subject to United States Export Control Laws. The United States Export Control Laws prohibit the export of certain technical data and software to certain territories. No software from this site may be downloaded or exported into, or to a national or resident of, Cuba, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or to anyone on the United States Treasury Department’s List of Specially Designated Nationals or the U. S. Commerce Department’s Table of Deny Orders. 11.2 We do not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws. 12. Last Revision – August 2008