Freefly881 Communications Inc. (“WE”/“US”) HAS/HAVE DEVELOPED THE Freefly881 MOBILE APPLICATION (“APP”) AND www.freefly881.com (THE “SITE”) AS PART OF A SERVICE WHICH MAY ENABLE YOU, AS A USER (“YOU”), AND OTHER INDIVIDUAL USERS TOCREATE PUBLIC PROFILES (THE “ABOUT ME PROFILE"),WHICH MAY INCLUDE USER’S DOMAIN NAME(“MY LINK”), AND TO SEARCH AND BROWSE OTHER USERS’ ABOUT ME PROFILESand toMAKE VOICE CALLS AND LEAVE VOICE MESSAGES VIA MOBILE DEVICES OR COMPUTER OR IP PHONE SETS. THE APP MAY BE MADE AVAILABLE FOR DOWNLOAD OR USE VIA THE SITE OR THROUGH THIRD PARTY SITES OR SERVICES SUCH AS THE APPLE APP STORE. CONTENT MAY BECOME AVAILABLE THROUGH US OR THIRD PARTY SERVICES/CHANNELS.
BY USING/ACCESSING Freefly881 YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE PROHIBITED FROM DOWNLOADING, ACCESSING, OR OTHERWISE USING Freefly881 OR THE SITE. THESE TERMS MAY BE AMENDED OR UPDATED BY US FROM TIME TO TIME AND THE MOST CURRENT VERSION WILL BE POSTED ON THE SITE. IT IS ENTIRELY YOUR RESPONSIBILITY TO REVIEW THESE TERMS FOR ANY CHANGES. YOUR Freefly881 USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF ALL SUCH REVISED TERMS. ANY NEW FEATURES OR FUNCTIONS THAT MAY BE ADDED FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS, UNLESS STATED OTHERWISE, AND NOT REQUIRE SPECIFIC NOTICE OR CONSENT.
Freefly881may allow you and/or other users to generate and/or view and/or browse and/or search users’ About Me Profiles and make voice calls and leave voice messages. About Me Profiles may be generated and made public and viewed using Freefly881and according to these Terms, and voice calls and voice messages may be made and received using Freefly881and according to these Terms. You may, but may elect not to, register with Freefly881using your Facebook, Twitter, Google+, or LinkedIn account.
▪provide us with accurate and complete information, including without limitation, your first name, last name, country, gender, date of birth, email address, and mobile number; and
▪update your registration information immediately upon any changes; and
▪not use false identities or impersonate or associate yourself with any other person or entity.
When you register with Freefly881, you may, but may elect not to, provide us with additional accurate and complete information, including without limitation, your region, city, company name, picture/avatar, domain name, and additional personal or biographical information for your About Me Profile.
You are responsible for safeguarding and maintaining the confidentiality of your Freefly881account. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Freefly881account, whether or not you have authorized such activities or actions. You agree to notify us of any unauthorized use of your account or any other breach of security immediately should such use become known to, or suspected by, you.
In using the Site, App, and Freefly881you shall not:
▪copy any content from Freefly881unless expressly permitted to do so;
▪upload, post, email, transmit, or otherwise make available any material that:
▪you do not have a right to make available under any law or under a contractual relationship;
▪infringes any patent, trademark, trade secret, copyright, or other rights;
▪is or contains unsolicited or unauthorized advertising or solicitation;
▪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 or data or the Site; or
▪contains any falsehoods or misrepresentations or creates an impression that you know or ought to know is incorrect, misleading, or deceptive, or in any way harmful;
▪impersonate any person or entity or misrepresent an affiliation with a person or entity;
▪interfere with or disrupt the Site or App servers or networks connected to the Site or App, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or App or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
▪intentionally or unintentionally violate any applicable local, state, national, or international law or regulation;
▪collect or store personal data about other users or publish any private information of someone, like their address, phone number, email address, picture, likeness, and/or any similar information, without their explicit written permission;
▪license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, App, or Freefly881; or
▪modify, translate, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of Freefly881or any software provided as part of the Site or App, except to the extent the foregoing restrictions are expressly prohibited by applicable law.
We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Neither the App nor Freefly881 will support or carry, under any circumstances, emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points (“Emergency Services”). You acknowledge and agree that we do not offer access to Emergency Services under any applicable local and/or national rules and Freefly881 is not a replacement for your primary telephone service.
We do not permit intellectual property-infringing activities and will move to remove any content and/or stem any activity we deem infringing on another’s intellectual property rights. If you are an intellectual property rights holder or an agent thereof and believe your rights are being violated, you may contact us via email Support@freefly881.com.
Freefly881and the information and materials that it contains/displays, are the property of Freefly881 Communications Inc. and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Users who download Freefly881 must accept and abide by the Company’s EULA. Subject to these Terms and to those of the EULA, we grant you a non-transferable, non-exclusive, license to (a) use Freefly881, and (b) download, install, and use one copy of the App on a mobile device that you legitimately own (the “License”). Freefly881is licensed to you and not sold. Nothing in these Terms or those of the EULA gives you a right to use Freefly881’s names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Site. Any future release, update, or other addition to functionality of Freefly881shall be subject to the terms of these Terms and those of the EULA.
The App may be provided by, accessed through, or downloaded from a third party (the “App Provider”). You acknowledge that the App Provider has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App.
The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof. You must also comply with all applicable third party terms of service when using the App.
If you provide us with any suggestions, comments, or other feedback relating to any aspect of Freefly881(“Feedback”), we may freely use such Feedback or in any other products or services without remuneration to you.
THE SITE, APP, Freefly881, AND ALL MATERIALS PROVIDED BY Freefly881 ARE PROVIDED “AS IS.” WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Freefly881IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROMOTED, COMMUNICATED, ADVERTISED, OR OFFERED BY ANY THIRD PARTY THROUGH THE APP OR Freefly881 OR IN RESPECT TO ANY SITE, EVEN IF IT CAN BE REACHED FROM A LINK ON THE SITE OR APP, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY, REGARDLESS OF WHETHER THAT PARTY IS A Freefly881USER. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT OR INFORMATION OR ANYTHING ELSE EXCHANGED BY MEANS OR VIRTUE OF Freefly881.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS SITE, APP, OR Freefly881, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, DATA, OR, INFORMATION, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE OR APP, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF Freefly881, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SITE, APP, OR Freefly881, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE. THESE LIMITATIONS SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS ($50) OR (B) AMOUNTS YOU PAID US IN THE PRECEDING 12 MONTHS. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
YOU SHALL INDEMNIFY AND HOLD Freefly881 AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY USER CONTENT OR MATERIALS SUBMITTED, POSTED, TRANSMITTED, OR MADE AVAILABLE BY YOU THROUGH theSITE, APP, ORFreefly881 AND ANY VIOLATION BY YOU OF THESE TERMS.
Freefly881may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or for other reasons. We may periodically add or update the information and materials on the Site or App without notice.
Freefly881content and other information related to Freefly881 and its use and users may be placed by you or other users and otherwise become available through third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services, including without limitation, Facebook, Twitter, Google+, and LinkedIn(“External Services”).
Freefly881does not have any control over External Services, and is not and cannot be responsible for their content, operation, or use, with regard to any Freefly881content or any other content. Freefly881does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer and mobile device that may relate to or stem from using or accessing any External Services.
Freefly881disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Freefly881with respect to the content or operation of any External Services.
Freefly881may be sold, might sell or buy businesses or assets of businesses, or Freefly881might merge with another business. Normally, in the instance of such transactions, user information is one of the transferred business assets. In the event that Freefly881, a line of business of Freefly881, or substantially all the assets of Freefly881are transferred as part of such a transaction, your information may well be one of the transferred assets. Freefly881will make reasonable effort to provide notice on Freefly881and to notify you via email to the most recent email address that you have provided to Freefly881of any such change in ownership or control of your Personal Information.
These Terms are governed by the laws of the Province of Ontario and we both consent to the exclusive jurisdiction of the courts of the Province of Ontario in relation to these Terms. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deleted and the other provisions shall remain in effect.