This agreement describes the legal framework
in which you participate on WallFly.com, what your rights and
responsibilities are and what you can expect from us.
Content. You retain
all ownership rights to content you publish on WallFly.com (your
"Content"). However, we can publish all or teaser portions
of your Content online and offline and permit others to do the
same. You can edit or remove Content from WallFly.com at any time;
but if we have distributed your Content to others, we may be unable
to require them to make the same changes. We ask that you refer
or provide links to WallFly.com if you choose to republish your
Content elsewhere and that you do not publish the same items of
Content on both WallFly.com and other sites.
Termination. You can edit
or cancel your registration and subscriptions at any time within
the My WallFly area of WallFly.com. We can cancel your
registration, or otherwise refuse service to you, at any time
for any reason (including repeat infringement). WallFly may choose
to assume that you intended to terminate your account if you do
not access it for more than 3 months. Following termination of
your account for any reason (including inactivity), (1) at their
sole option, WallFly and its licensees may continue or stop publicly
displaying some or all of your Content.
Other Rules. You agree to
comply with our Site Usage Policy and our Review Submission
Policy, which is incorporated into this agreement, and with
all laws and regulations applicable to your access and use of
WallFly.com and publishing your Content. Unless we explicitly
say otherwise, you may not use any automated means (such as scripts)
to access WallFly.com or collect information from it.
Indemnity. By choosing to
use WallFly.com, you agree to indemnify WallFly, its officers,
agents, partners, and employees from any and all claims or damage,
including reasonable attorney's fees, made by third parties due
to, or arising out of Content you choose to submit, post or transmit
through WallFly; or if your use of or connection to WallFly; your
violation of the User Agreement; or, your violation of any rights
of another.
Liability Limits. WE, OUR
PARTNERS AND OUR SPONSORS SHALL NOT BE LIABLE FOR ANY LOST PROFITS
OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING,
INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH WALLFLY.COM,
OUR SERVICES OR THIS AGREEMENT.
Governing Law/Arbitration.
This agreement is governed by New York law as such laws apply
to agreements entered into and to be performed entirely within
New York between New York residents. Any claim arising out of
or relating to this agreement or WallFly shall be settled by binding
arbitration in New York City in accordance with the American Arbitration
Association's commercial arbitration rules. Any such claim shall
be arbitrated on an individual basis, not consolidated with another
party's claim. Each of us may conduct discovery per New York law.
Judgment on the arbitration award may be entered into any court
with jurisdiction, and the arbitrator's award shall not be appealable
or reviewable except as permitted by NewYork law. However, (a)
each of us may seek interim relief from a Manhattan court to protect
the party's rights or property while arbitration is pending, and
(b) at our option, we may bypass arbitration in cases of fraud
or other crimes against us, interference with our technical operations
or violations of our rights or property.
Integration. This agreement
and our Privacy Statement (which is part of this agreement)
constitute the entire agreement, and supersede any other agreements
or understandings (oral or written), between you and us with respect
to their subject matters. We can amend this agreement at anytime.
When amending this agreement the amended content will be outlined
and posted on our site. It is your responsibility to check for
amended content to this and all other agreements posted on WallFly.com.
General. WALLFLY AND ITS
SERVICES ARE PROVIDED "AS IS." We do not promise or
warrant that any aspect of the site or system will work properly
or will be continuously available. This agreement does not create
any agency, partnership, employment or franchise relationship.
Any unenforceable portion of this agreement shall be enforced
to the maximum extent possible and the remaining portions shall
be given full effect. Our failure to act in a particular circumstance
does not waive our right to act with respect to that or other
circumstances. We shall be excused for any problem due to a factor
beyond our control. Our partners and sponsors are third-party
beneficiaries of this agreement.
Notification of
Changes
This agreement may be revised over time as new features are added
to the Web site. Please check this Web page for information about
revisions to our user agreement.
User
Agreement