Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Pear Ltd, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your wentflying.com Account and Site. If you create a flight log on the Website, you are responsible for maintaining the security of your account and flight log, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the flight log. You must not describe or assign keywords to your flight log in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Pear Ltd may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Pear Ltd liability. You must immediately notify Pear Ltd of any unauthorized uses of your flight log, your account or any other breaches of security. Pear Ltd will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a flight log, comment on a flight log, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, files, embedded and/or streaming media, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your account and/or flight log is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your flight log’s URL or account name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Pear Ltd or otherwise.
By submitting Content to Pear Ltd for inclusion on your Website, you grant Pear Ltd a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your flight log. If you delete Content, Pear Ltd will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Pear Ltd has the right (though not the obligation) to, in Pear Ltd’s sole discretion (i) refuse or remove any content that, in Pear Ltd’s reasonable opinion, violates any Pear Ltd policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Pear Ltd’s sole discretion. Pear Ltd will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. Pear Ltd has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Pear Ltd does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pear Ltd disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which wentflying.com links, and that link to wentflying.com. Pear Ltd does not have any control over those non-Pear Ltd websites and webpages, and is not responsible for their contents or their use. By linking to a non-Pear Ltd website or webpage, Pear Ltd does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pear Ltd disclaims any responsibility for any harm resulting from your use of non-Pear Ltd websites and webpages.
- Copyright Infringement and DMCA Policy. As Pear Ltd asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by wentflying.com violates your copyright, you are encouraged to notify Pear Ltd by email at support [at] wentflying.com. (Please, for everyone's sake, try to contact the account holder first. It usually gets things done so much faster.) Pear Ltd will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Pear Ltd or others, Pear Ltd may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Pear Ltd will have no obligation to provide a refund of any amounts previously paid to Pear Ltd.
- Intellectual Property. This Agreement does not transfer from Pear Ltd to you any Pear Ltd or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pear Ltd. Pear Ltd, wentflying.com, the wentflying.com logo, and all other trademarks, service marks, graphics and logos used in connection with wentflying.com, or the Website are trademarks or registered trademarks of Pear Ltd or Pear Ltd’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Pear Ltd or third-party trademarks.
- Changes. Pear Ltd reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Pear Ltd may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Pear Ltd may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your wentflying.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Premium Services account, such account can only be terminated by Pear Ltd if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Pear Ltd’s notice to you thereof; provided that, Pear Ltd can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Pear Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pear Ltd nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Pear Ltd, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pear Ltd under this agreement during the twelve (12) month period prior to the cause of action. Pear Ltd shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Pear Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Pear Ltd and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pear Ltd, or by the posting by Pear Ltd of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of New Zealand, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in New Zealand. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pear Ltd may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
The preceding Terms of Service, "The Terms," was modified from the Terms of Service created by WordPress.com and is used by permission under a Creative Commons Sharealike license.