"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Directory, such as listings, profiles, pricing, badges, ratings, reviews, invitations, check-ins, messages, and any information that you publicly display in your account profile. "User Content" means Content that other users submit or transmit to, through, or in connection with the Directory. "ForeFlight Content" means Content that we create and make available in connection with the Directory. "Third Party Content" means Content that originates from parties other than ForeFlight or its users, which is made available in connection with the Directory. “Directory Content" means all of the Content that is made available in connection with the Directory, including your Content, User Content, Third Party Content, and ForeFlight Content.
ForeFlight may modify the Terms from time to time. The most current version of these Terms will be located on our website. You understand and agree that your access to or use of the Directory is governed by the Terms effective at the time of your access to or use of the Directory. If we make material changes to these Terms, we will notify you by posting a notice on our website and/or on the Directory prior to the effective date of the changes. ForeFlight will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Directory after the effective date of modifications to the Terms indicates your acceptance of the modifications.
ForeFlight subscribers have access to the Directory though their subscription to ForeFlight applications. Businesses and service providers may have access to the Directory by the terms of a Directory Services Agreement. All permissions to use the Directory are subject to the restrictions in these Terms.
The Directory may be modified, updated, interrupted, suspended, or discontinued by ForeFlight at any time and from time to time without notice or liability.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify ForeFlight immediately of any unauthorized use of your account. ForeFlight reserves the right to close your account at any time for any or no reason.
You alone are responsible for your Content, and once published, it cannot always be withdrawn. You assume all risks associated with your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your Content that puts you at risk, including inaccurate pricing data. You represent that you own, or have the necessary permissions to use and authorize the use of your Content as described herein. You may not imply that your Content is in any way sponsored or endorsed by ForeFlight. You may expose yourself to liability if, for example, your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
ForeFlight may use your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your Content for any purpose. You also irrevocably grant other users of the Directory and any Other Media the right to access your Content in connection with their use of the Directory and any Other Media. Finally, you irrevocably waive, and cause to be waived, against ForeFlight and its Users any claims and assertions of moral rights or attribution with respect to your Content. By "use" ForeFlight means use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your Content.
As between you and ForeFlight, you own your Content. We own the ForeFlight Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Directory Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Directory excluding your Content, User Content and Third Party Content. ForeFlight also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the ForeFlight Content and the Directory, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws, including common law. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the ForeFlight Content in whole or in part except as expressly authorized by ForeFlight. Except as expressly and unambiguously provided herein, ForeFlight does not grant you any express or implied rights, and all rights in and to the Directory and the ForeFlight Content are retained by ForeFlight.
ForeFlight and its licensees may publicly display advertisements and other information adjacent to or included with your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
User Content (including any that may have been created by Users employed or contracted by ForeFlight) does not necessarily reflect the opinion of ForeFlight. ForeFlight reserves the right to remove, screen, edit, or reinstate User Content from time to time at ForeFlight's sole discretion for any reason or no reason, and without notice to you. For example, ForeFlight may remove Content if ForeFlight believes it violates ForeFlight's Content Guidelines (see Section 6). ForeFlight has no obligation to retain or provide you with copies of your Content, nor does ForeFlight guarantee any confidentiality with respect to your Content.
ForeFlight reserves the right to reject, remove or block any User Content that ForeFlight, in its sole discretion, finds to:
If ForeFlight receives complaints or requests related to your Content from any party claiming to be the owner of any intellectual property contained in your Content, ForeFlight will contact you and expect you to resolve the issue. ForeFlight reserves the right, but is not under any obligation, to remove your Content from the Directory pending resolution of any such claim, and your obligations of indemnity may apply to any costs or damages associated with ForeFlight's need to respond to any such allegations.
The Directory may include links to other websites or applications (each, a "Third Party Site"). ForeFlight does not control or endorse any Third Party Site. You agree that ForeFlight is not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
You agree to indemnify, defend, and hold ForeFlight, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them (collectively, the "ForeFlight Entities") harmless, including costs, liabilities, and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Directory, (ii) your violation of the Terms, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. ForeFlight reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ForeFlight and you agree to cooperate with ForeFlight's defense of these claims. You agree not to settle any such matter without the prior written consent of ForeFlight. ForeFlight will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF FOREFLIGHT TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE DIRECTORY.
Texas law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and ForeFlight (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN HARRIS COUNTY, TEXAS. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND FOREFLIGHT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. YOU AND FOREFLIGHT AGREE TO WAIVE YOUR RIGHT TO A TRIAL BY JURY.