Acceptance Of These Terms And Conditions Through Use
Agreement To User Conduct Rules
You agree to abide by Flyheight.com's User Conduct Rules, including but not limited to, agreeing not to use this site for any unlawful purpose:
By posting information in or otherwise using any communications service, message board, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any materials, including text, communications, software, images, sounds, data, or other information (hereafter "Content") that:
You also agree that you will not harvest or collect information about the users or members of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger. Flyheight.com generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, or other interactive services that may be available on or through this site. However, Flyheight.com and its agents have the right at their sole discretion to remove any content that, in Flyheight.com's judgment, does not comply with the User Conduct Rules or is otherwise harmful, objectionable, or inaccurate. Flyheight.com is not responsible for any failure or delay in removing such content.
You acknowledge that all materials (except those uploaded by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, gui, software, and services (collectively "Materials"), are provided either by Flyheight or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by Flyheight and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Flyheight, the Flyheight logo and other Flyheight products referenced herein are trademarks of Flyheight, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Flyheight.com’s Content Policies
Flyheight.com is committed to promoting the most up-to-date and unique content possible while maintaining standards consistent with the Internet community and the societies of the world. Flyheight.com actively audits and approves content that goes live on the Flyheight.com website, however there may be instances where an individual deems a piece of our content to be offensive or inappropriate.
Flyheight.com has the sole discretion to decide whether content or material is prohibited on the Site. You acknowledge that Flyheight.com has the absolute right (but not the obligation) to delete, move and edit content and material for any reason, in any manner, at any time, without notice.
You should also know that in visiting the Flyheight.com website, you may be exposed to materials you consider to be offensive and you assume responsibility for your exposure.
Video Publisher Licensing Options, Terms, & Conduct
As a Flyheight account holder you may submit Content to the Service, including videos. You understand that Flyheight does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Flyheight all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
As used herein, "Earned" means aggregate cash amounts collected and recognized as revenue under generally accepted accounting principles by Flyheight arising from your videos. Flyheight pays 50% of the 'Earned' revenue within 45 days after each month!
Flyheight may reduce “Earned” payments for spamming, fake traffic, etc.
Disclaimer Of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. FLYHEIGHT.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, INCLUDING WITHOUT LIMITATION PERSONAL INJURY OR DISTRESS, DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL FLYHEIGHT.COM, ITS SUBSIDIARIES, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Flyheight.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, FLYHEIGHT.COM'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Flyheight.com, and its parent, subsidiaries and affiliates and their respective officers, directors, agents, co-branders and other partners, contractors, and employees, harmless from and against any and all claims, expenses, and demands, including attorneys' fees, made by any third party due to, arising out of, or asserted in connection with your use or misuse of this Site, including claims relating to content you submit, post to or transmit through this site, and your connection to and use of this Site. Flyheight.com reserves the right to have control of any defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with Flyheight.com in asserting any available defenses.
Flyheight.com has a zero tolerance for any violation of Content Polices and/or Conduct outlined in these Terms, especially, but not limited to copyright infringement. If a user is found in violation, the account may be suspended and/or terminated. In the case of suspension or termination the user agrees to forfeit all revenue associated to the Flyheight account. The determination of suspension or termination is at the sole discretion of Flyheight.
You acknowledge that Flyheight.com shall not be liable to you or any third party for any termination or suspension of your access to this Site.
Responsibility for User IDs and Passwords
Publisher is solely responsible for maintaining the confidentiality of Customer access information, i.e. account ID's and passwords of its Authorized Users, and are responsible for all activities that occur under your account.
Notification of Unauthorized Use
Publisher will immediately notify Flyheight if Publisher notices any activity indicating that Publisher's account or data is being used without authorization.
Publishers are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond Flyheight's control.
Flyheight will provide access to the Services and Publisher's data to an agent of Publisher ("Authorized Agent") who provides Flyheight with a notarized letter signed by an officer of Publisher which letter shall include statements of authenticity, authority, and liability as required by Flyheight in its sole discretion. Publisher expressly and irrevocably agrees that Flyheight may rely on such a letter and on the apparent authority of the person requesting access to the Services or to Publisher's account. In no event will Flyheight be liable to Publisher or any third party for Flyheight's reliance on such letter or such apparent authority.
Any questions relating to our Legal Agreements and Policies may be directed to http://www.flyheight.com/contact.