As a precondition for gaining access to and making use of the services provided by IFLY CO., LIMITED, you are strongly encouraged to thoroughly review and understand the operative Terms of Service. Any actions taken by you to establish an IFLY CO., LIMITED account or otherwise interact with the platform through its various features or capabilities shall be deemed as express acceptance and agreement to unconditionally abide by each and every provision set forth herein. You acknowledge your awareness that consent to the Terms of Service is a non-negotiable requirement for exercising the privilege of utilizing iFlyKit’s offerings. By proceeding, you represent and warrant that you have the legal capacity and authority to validly enter into this contractual understanding with IFLY CO., LIMITED under the parameters delineated. Non-compliance with any portion of the Terms of Service by you may result, at iFlyKit’s sole discretion, in suspension or permanent termination of your account privileges.
When establishing an IFLY CO., LIMITED user account and proceeding to engage with any aspect of the platform’s offerings, the registering party thereby represents, declares and guarantees that you have achieved a minimum age of thirteen (13) years. Furthermore, by initiating the registration process and subsequent utilization of iFlyKit’s resources, you are confirming that any needed authorization and endorsement from a parent or authorized guardian has been secured in order to validly assent to these controlling Terms of Service. Users under thirteen years of age are strictly prohibited from creating an account or gaining access to iFlyKit’s services under any circumstances. IFLY CO., LIMITED reserves all rights to permanently restrict or disable the functionality and credentials of any account determined to be operated in violation of these policies regarding appropriate age and consent.
It is further expected that you will provide truthful, accurate personal information during account registration and update said details as needed to keep the account profile current. Failing to maintain precise data associated with the account, such as email address and other contact information, may result in IFLY CO., LIMITED temporarily limiting or potentially terminating access until you can re-verify your identity and account ownership to iFlyKit’s satisfaction. IFLY CO., LIMITED reserves the right to demand reconfirmation of identity from any user account at its own discretion.
You consent to utilizing iFlyKit’s offerings solely for lawful objectives that are compliant with all relevant legislation and regulation. Under no circumstances are you approved to upload, distribute, publish or otherwise make available through the system any materials, information or files that contravene intellectual property laws, privacy statutes, or are otherwise prohibited.
Additionally, you are expressly barred from impersonating or falsely identifying as other persons, companies, or organizations when interacting within the IFLY CO., LIMITED environment. IFLY CO., LIMITED maintains the right to unilaterally disable your access and functionality permanently for non-adherence to these dictates at the sole discretion of IFLY CO., LIMITED . You bear complete responsibility for your own activities and any legal consequences resulting therefrom.
Notwithstanding maintenance of full intellectual property rights and ownership over any original materials you contribute, you hereby provide iFlyKit with a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to utilize, store, cache, produce derivative works from, distribute, syndicate, publish, modify and publicly display any such user-generated content for the limited purposes of offering and administering the services.
Simultaneously, iFlyKit and its licensors retain complete and sole ownership of all other components pertaining to the network infrastructure, design templates, proprietary applications, domain names, trade names, trademarks, service marks, branding elements, logos and other intellectual capital, which constitute copyrighted works. Nothing contained herein transfers or conveys any explicit or implicit ownership interests to you over company property aside from your original uploads, the nonexclusive license granted for network operation notwithstanding.
You represent and warrant that you have secured any and all necessary authorizations, consents and permissions under applicable law to provide and distribute any materials you submit through the system.
Furthermore, iFlyKit reserves the unilateral right, though not obligation, to monitor, screen and review all user-generated content for adherence to internal policies at iFlyKit’s sole discretion. iFlyKit maintains full ability to remove, edit or reject any submissions determined to violate norms of legality, propriety or prescribed guidelines, all without requirement for notice or explanation to you. By uploading anything through iFlyKit services, you acknowledge and consent in advance to this review and potential deletion of non-qualifying materials at iFlyKit’s judgment without recourse or appeal on your part.
For information regarding iFlyKit’s treatment of personally identifiable information, please review iFlyKit’s current Privacy Policy at Privacy Page, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by iFlyKit’s Privacy Policy.
Access to and employment of iFlyKit’s file downloading functions are expressly contingent upon your unconditional assent to the entirety of these terms and conditions. You are not authorized to engage said capabilities without first manifesting complete agreement to be legally bound by the provisions set forth herein.
IFLY CO., LIMITED expressly disclaims any and all responsibility arising from or related to your data, content or files involved in downloading, transmitting or otherwise manipulating through utilization of the offered services. You hereby acknowledge that you assume all risks associated with employment of iFlyKit’s networks, including but not limited to risks of error, loss, corruption or accidental distribution of personal information. iFlyKit makes no guarantees as to performance, security or success of downloads executed through its infrastructure and declines all liability in such regard.
To the maximum extent allowable under controlling law, iFlyKit, inclusive of its officers, board members, employees and any other organizational representatives, shall bear no accountability for secondary, accidental or resultant damages of any nature. Additionally, the aggregate liability of iFlyKit and its constituent human parties, whether arising from tort, breach of contract or under any other legal doctrine, shall under no circumstances exceed the total amount of consideration financially remitted to IFLY CO., LIMITED specific to your use of services in the twelve month period immediately preceding the incident giving rise to such liability. By accessing or using iFlyKit’s offerings in any manner, you accept this retinue of liability limitations as a prerequisite to engagement with the platform.
You shall be tasked with guaranteeing both defense and indemnification of iFlyKit from any and against all demands, claims, actions, suits, losses, damages, judgments, settlements, costs, penalties and expenses—including reasonable attorneys’ fees—arising from or connected to your handling and involvement with the iFlyKit infrastructure. This encompasses, without exception, any allegation of liability premised on your conduct, submissions, downloads, distribution of protected information or illegal activities facilitated through usage of iFlyKit’s offerings.
iFlyKit and all affiliated entities reserve the right to assume exclusive control over the legal defense or resolution of any claim covered by the prescribed indemnity parameters. Your assent to the terms of use constitutes contractual agreement to indemnify IFLY CO., LIMITED against any effects of your acts or neglect per the terms specified herein.
IFLY CO., LIMITED retains unilateral discretion to suspend, block or disable your access credentials and functionally terminate your continued involvement with the platform at its sole prerogative. Grounds allowing for such potentially permanent measures of account restriction or termination may encompass, but are not confined to, suspected misuse of the system, engagement in suspect, unethical or illegal behaviors, concerns regarding inappropriate submissions or downloads, identification fraud, security issues, infringement of third-party rights, refusal to comply with guidelines or failure to remit fees as expected. You shall have no recourse against iFlyKit if and when their privilege to interact with the network is removed under the umbrella of these retainment specifications. iFlyKit need not furnish you particulars regarding the factual underpinnings of its decisions in such matters, which remain within the exclusive purview and judgment of company administration.
This articulation of terms and conditions constitutes the total contract agreed upon between you and iFlyKit with regard to access and utilization of the network infrastructure and accompanying services. Failure by either party to strictly enforce specific rights at any given juncture shall not be interpreted as relinquishment of said entitlement on a permanent basis. The laws of iFlyKit‘s headquarters location, without regard to choice of law principles, shall govern these Terms, their subject matter and execution. You assent that any litigation pertaining to these Terms or services will be subject to the exclusive jurisdiction of applicable courts situated within headquarters jurisdiction. The provisions contained herein represent the consummate understanding and no other agreements, verbal or written, modify or augment them unless executed with the same formality by authorized iFlyKit representatives.
This Agreement does not e(class=’header-text-dark’) you to any support, upgrades, patches, enhancements, or fixes for any portion of the Services or Content (collectively, “Support”). Any such Support that may be made available by IFLY CO., LIMITED at its sole discretion shall become part of the Services and subject to this Agreement.
Please contact [email protected] for any queries regarding IFLY CO., LIMITED or these Terms.
