Please carefully read these Terms and Conditions.
In these Terms and Conditions, “Exclusive Flight Members Tips” or “we” means Exclusive Flight Members Tips and its respective affiliates, related companies, unaffiliated partners and/or licensors.
1. YOUR USE OF A SERVICE
These terms, along with our Privacy Policy, apply to your use of any product and/or service offered by Exclusive Flight Members Tips (the “Services”).
If you continue to use a Service, then you are deemed to accept the Terms and Conditions and it forms a legally binding agreement between you and Exclusive Flight Members Tips. If you do not agree with these Terms and Conditions, Privacy Policy, or any applicable Subscription Agreement, then please do not use the Service.
2. ACCESSING SERVICES
You understand that before accessing a Service, it is your responsibility to take protective measures to guard against computer viruses and other destructive elements, such as through the use of industry standard and updated virus scanning tools, and to ensure that you have a complete, current and secure back-up of information and software on your computer or other devices that you may use to access the Services.
Exclusive Flight Members Tips is not responsible for any additional charges that you may incur for using a Service, such as data or other telecommunication or Internet or wireless service provider fees.
3. SUBSCRIBING TO A SERVICE
Exclusive Flight Members Tips reserves the right to reject a subscription order for a Service at any time.
(A) SUBSCRIPTION AGREEMENT
Certain Services and Content will only be provided to you upon your acceptance of a Subscription Agreement with Exclusive Flight Members Tips or an authorized third-party. The Subscription Agreement or a link to the Subscription Agreement will be presented to you for your review during the subscription process. Information provided by you to fulfil a subscription order is subject to Exclusive Flight Members Tips’s Privacy Policy.
(B) MODIFICATION BY YOU
You may make certain changes to your Service, including but not limited to the products, and other particulars of the Services that you have subscribed to.
(C) PROMOTIONS
Exclusive Flight Members Tips may from time to time at our discretion offer promotions such as discounts and trials to certain Services, or certain contests, sweepstakes or other promotions. The specific rules, regulations, terms and details of each promotion will be provided at the time of the offer. Your eligibility for a promotion and the applicability of any discounts is at the sole discretion of Exclusive Flight Members Tips. Exclusive Flight Members Tips may revoke, terminate, cancel, modify or deem a promotion inapplicable to you at any time.
4. THE CONTENT — PROTECTED BY COPYRIGHT AND TRADE-MARK LAWS
The Services include literary, musical, dramatic and artistic works, including but not limited to computer programs, software, databases, text, information, data, code, sounds, sound effects, sound recordings, audio, musical compositions, performances, video, cinematographic works, photographs, pictures, illustrations and graphics (the “Content”).
All Content is protected by Canadian and international intellectual property laws and treaties, including copyright and trade-mark laws, and is owned by Exclusive Flight Members Tips, licensed to Exclusive Flight Members Tips, or otherwise provided by a third-party.
All trade-marks (including, but not limited to, trade names, logos, word and design marks) that appear in the Services are the trade-marks or registered trade-marks of Exclusive Flight Members Tipsor of their respective owners and are protected from reproduction, dilution and confusing or misleading uses. The use of any trade-mark appearing on any of the Services without the express written consent of the trade-mark owner is strictly prohibited.
5. USER-GENERATED CONTENT
Users may submit articles, letters to the editor, photos, videos, discussion forums, comments and other items to the Services (“User-Generated Content”). You are solely responsible for your User-Generated Content. User-Generated Content must follow the principle. Exclusive Flight Members Tips reserves the right to remove or refuse to post any User-Generated Content that we deem in our sole discretion to be unacceptable, undesirable or otherwise in violation of these Terms and Conditions.
You represent and warrant that you are the copyright owner of any User-Generated Content that you submit to Exclusive Flight Members Tips and that you have the unimpaired right to convey all intellectual property rights in and to the User-Generated Content to Exclusive Flight Members Tips. User-Generated Content must not be created using any pirated or unlicensed content, or other materials that include copyrighted or trade-marked material that Exclusive Flight Members Tips would not be entitled to use without a further licences or payment to an intellectual property owner. You are expected to comply with Exclusive Flight Members Tips’s Editorial Code of Conduct as it applies to you, including, but not limited to the sections: journalistic practices, journalistic principles, corrections and social media. Given that editorial work is not your main occupation, you are not expected to follow the code on outside work and activities, personal interests, the book policy or other similar sections. You must notify Exclusive Flight Members Tips of any conflict of interest, perceived or actual, you might have with the subject of your User-Generated Content.
You grant Exclusive Flight Members Tips a perpetual, royalty-free, irrevocable, non-exclusive licence (but not the obligation) to exercise and otherwise use any and all copyrights and other intellectual property rights in the User-Generated Content, in whole or in part, worldwide in perpetuity, in all media and formats whatsoever, whether now known or created in the future, in connection with and promotion of any work, product or service of Exclusive Flight Members Tips and any of its partners and affiliates.
You waive all moral rights in and to the User-Generated Content in favour of Exclusive Flight Members Tips and acknowledge and understand that Exclusive Flight Members Tips may edit, remove, modify and add to the User-Generated Content at its discretion and place the User-Generated Content on any Service and on any platform without your further consent and without attribution to you.
You grant to Exclusive Flight Members Tips the perpetual, irrevocable right to use your name, user name, persona, image, likeness and photograph that you provide in connection with any submission of User-Generated Content, without any obligation or remuneration to you.
Exclusive Flight Members Tips may grant any and all rights granted under these User Generated Content terms to any licensee of Exclusive Flight Members Tips (including any sublicensee).
6. LICENCE TO USE THE SERVICES AND CONTENT
You are hereby granted a non-exclusive, limited, non-transferable licence to use, access and view the Content and Services, as permitted by your User type, for your personal, private and non-commercial use. Unless otherwise permitted by your Subscription Agreement, you may not use the Content or Services for any commercial purpose.
Content owned by Exclusive Flight Members Tips may be used as permitted by the licensing options and tools associated with the Content, including uses such as email, printing, storage, posting, sharing, RSS feeds, linking and republishing.
You may print single copies of Content licensed to Exclusive Flight Members Tips, but may not otherwise reproduce or use the Content. Licensed Content is identifiable by the credit line and lack of other licensing options or tools for the Content.
You agree to maintain all copyright and other proprietary notices provided on the Content, including but not limited to author name and licensor name for third-party licensed content.
All rights are otherwise reserved. You may not modify, sell, resell, make derivative works, create a database, create a media monitoring service, aggregate, deep link, republish, retransmit, distribute, transfer, communicate, broadcast or otherwise make the Services and Content available, including without limitation, by caching, scraping, harvesting, framing or similar means, without the prior written consent of Exclusive Flight Members Tips and its licensors, as applicable.
No other uses of the Content and Services are permitted, unless otherwise permitted by law. For additional licensing options, please see the Contact Information section of the Terms and Conditions.
7. RESTRICTIONS ON THE USE OF CONTENT AND SERVICES
You acknowledge that Exclusive Flight Members Tips has the right, but is under no obligation, to monitor the Content, Services, and your use of the Content or Services. You agree that you will not use the Services in an unlawful manner. You acknowledge that Exclusive Flight Members Tips may investigate any violations by you of the Terms and Conditions, Privacy Policy, Community Guidelines, any applicable Subscription Agreement and applicable laws in respect of the Services. You agree that Exclusive Flight Members Tips may reveal your identity and any User information we have about you to any law enforcement authority in the event of a violation arising from your use of the Services or Content.
You agree not to use the Services and Content (including submitting any User-Generated Content) in any manner that violates the following restrictions:
- is defamatory, libellous, offensive, abusive, stalking, threatening, demeaning, obscene, promotes hatred, bigotry, racism, sexism, harassment, discrimination, is pornographic, indecent, unlawful, profane, harmful to minors, false, misleading, would constitute spam, promotes, advocates or otherwise encourages illegal activities including activities that would constitute a criminal offense or give rise to civil liability, or otherwise violate the legal rights of others;
- infringe any intellectual property rights including copyrights, trade-marks, proprietary rights, privacy rights, publicity rights or any other rights of any kind whatsoever;
- promote commercial activities, such as to conduct sales of goods and services of any kind, promote charitable donations, or participation in sweepstakes and contests, whether by advertising, solicitations, links or any other form of communication, without the prior written consent of Exclusive Flight Members Tips;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy, circumvent, disable, replicate, damage or otherwise limit the functionality of any computer software or hardware or telecommunications equipment, including without limitation, Trojan horses, worms, time bombs, computer viruses, code, cancelbots or corrupted files;
- use any spider, robot, other automatic device or manual process to monitor, harvest or copy the Content of the Services without the express written consent of Exclusive Flight Members Tips;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; or
- create a substitute for the Services or Content, meaning any product or service that diminishes the need for users or third-parties to access the Services or Content via Exclusive Flight Members Tips or reduces Exclusive Flight Members Tips’s ability to generate revenues from the Services or Content.
8. DISCLAIMERS(A) CONTENT AND PROFESSIONAL INFORMATION CONTENT
The Content (including any facts, views, opinions, recommendations, description of or references to products, services and securities) is provided to you for general information, educational and entertainment purposes only. The Content is not necessarily reflective of the views or policies of Exclusive Flight Members Tips, including the publisher, contributors, staff or advertisers.
Exclusive Flight Members Tips does not endorse the quality, reliability, or accuracy of the Content. Information changes rapidly and some Content may be out of date, such as share price information or “real-time” quotes. The Content is not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation, or sponsorship of an entity or security by Exclusive Flight Members Tips. You acknowledge that Exclusive Flight Members Tips may invest or otherwise hold interests in entities which may be referenced in the Services or Content and that the views and opinions expressed on the Services and Content are not intended to constitute a description of securities bought, sold or held on behalf of Exclusive Flight Members Tips nor any indication of an intent to buy, sell, or hold any security.
Exclusive Flight Members Tips does not provide or guarantee, nor is the Content intended to be relied on by you or interpreted as financial, legal, tax, accounting, medical or other advice or recommendations regarding the suitability, profitability or potential value of any particular investment, security, information source, treatment plan, diagnosis, purchase, sale, product or course of action. You should use your own judgment in making use of any Content and are responsible for your own research and decisions. The Content does not replace consultations with professional advisors, such as qualified financial advisors, medical doctors, fitness trainers, real estate agents and lawyers. It is strongly recommended that you seek appropriate independent advice from qualified professional advisors before making any decisions.
You agree that Exclusive Flight Members Tips and its licensors are not liable to you, either directly or indirectly, for your reliance on or use of the Content, User-Generated Content, financial, accounting, legal, real estate, medical, health, fitness or any other professional advice or information provided in the Content or Services. You agree that all risk associated with your use of or reliance on the Content is with you.
(B) THIRD-PARTY CONTENT, USER-GENERATED CONTENT, LINKS TO WEBSITES, ADVERTISEMENTS
The Services and Content contains third-party content, such as links to third-party websites, licensed third-party content, User Generated Content and advertisements. Your use or reliance on third-party content is solely at your own risk.
Third-party content is not under the control of Exclusive Flight Members Tips. Third-party content is provided to you for general information purposes only. Exclusive Flight Members Tips does not endorse third-party content.
Exercise discretion while browsing the Internet. Third-party websites may contain information that you find inappropriate or offensive. Third-party websites are not under the control of Exclusive Flight Members Tipsl and we are not responsible for any form of transmission received from a link to a third-party website. You are responsible for abiding by the terms of use and privacy policies of third-party websites.
Exclusive Flight Members Tips is not responsible or liable for the content, accuracy, relevancy, legality or decency of material contained on third-party websites. Exclusive Flight Members Tips will not be responsible or liable in any way for any loss or damage incurred by you in connection with your use or reliance on third-party content. Exclusive Flight Members Tips is not liable for errors, omissions or delays in third-party Content.
You acknowledge and agree that any dealings you may have with a third-party found by you on the Services or Contents are solely between you and the third-party. Exclusive Flight Members Tips assume no liability or responsibility whatsoever for anything related to the relationship between you and the third-party, including but not limited to transactions, correspondences, charges, representations, prices, or agreements.
You should direct any concerns you have regarding third-party content to the third-party.
(C) DOWNLOADS
The Services and Content may contain materials available for download, such as software applications, codes, data, files, images or other forms of Content.
Your use of downloaded materials may be governed by terms made available to you at the time of download. Any materials downloaded or otherwise obtained by you through your use of the Services and Content is done at your own risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download and/or use of such material.
You agree that downloaded materials, unless otherwise specified, are licensed to you for your personal, non-commercial use. You may not modify, redistribute, decompile, reverse engineer, disassemble the downloaded material, and you must maintain all copyright or other proprietary notices.
Exclusive Flight Members Tips and its licensors, to the maximum extent permitted by law, make no warranties regarding the downloaded materials and will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of or in connection with your use of or reliance on the downloaded materials, including the failure of the downloaded materials to meet your needs, standard, expectations or specifications.
9. LIMITATION OF LIABILITY
You expressly understand and agree that in no event will Exclusive Flight Members Tips be responsible or liable to you or anyone else (jointly or severally) for any claim, loss or damage whatsoever, including without limitation any direct, indirect, incidental, exemplary, special, punitive or consequential damages or any damages for loss of profits, savings, revenue, goodwill, business interruption, loss of information or data or other intangible losses, arising from, or in any way connected with the Services or Content, including the performance, use of, access to, or the inability to use and access the same, regardless of whether Exclusive Flight Members Tips had been advised of or could have foreseen the possibility of such claim, loss or damage.
The limitations of liability and disclaimers herein will apply regardless of the form of action, whether in contract, breach of warranty, civil liability, strict liability, tort (including negligence), or otherwise. Notwithstanding the foregoing, in no event will Exclusive Flight Members Tips’s aggregate liability to you exceed the greater of (1) the amount paid to Exclusive Flight Members Tips by you for your use of the Content and Services in the three (3) months immediately preceding the event giving rise to such claim
The Services and Content are provided to you through circumstances not under the control of Exclusive Flight Members Tips. Without limiting the generality of the foregoing, Exclusive Flight Members Tips will under no circumstances be held liable or responsible for any delay or failure in the performance of the Services and Content resulting directly or indirectly from acts of nature, or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, satellite failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions and orders of domestic or foreign courts or tribunals.
The Services and Content may at any time be temporarily unavailable, inaccessible or inoperable for any reason from time to time, including periodic maintenance, repairs and disruptions as described above. While Exclusive Flight Members Tips will make every reasonable effort to minimize such downtimes, Exclusive Flight Members Tips cannot guarantee 100% availability of the Service and Contents. If you are dissatisfied with the Services and Content for any reason, your sole remedy is to cancel your Services in accordance with these Terms and Conditions.
You acknowledge and agree that third-parties who supply third-party content to you in Services and Content have no liability to you whatsoever in respect to their third-party content and you agree to waive, to the fullest extent permitted by law, any right you may have to bring a legal claim against such third-parties for your use of their content on the Services or Content.
10. INDEMNITY
You agree to indemnify, defend and hold harmless Exclusive Flight Members Tips and each of its respective officers, directors, affiliates, business partners, employees, agents, licensors and all third parties mentioned on the Services and Content from and against any and all claims, actions, losses or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: your breach of these Terms and Conditions or a Subscription Agreement if applicable; your access and use of the Services and Content; your use or reliance on the Services and Content; your publication, communication, distribution or transmission otherwise of the Services or Content; or your violation of any law or regulation. You will use your best efforts to cooperate with Exclusive Flight Members Tips in the defense of any claim. Exclusive Flight Members Tips reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
11. TERMINATION BY EXCLUSIVE FLIGHT MEMBER TIPS
Exclusive Flight Members Tips provides Services at its sole discretion. Exclusive Flight Members Tips may at any time revise, withdraw, discontinue, amend, suspend any or all of the Services, with or without notice to you as provided in these Terms and Conditions or your Subscription Agreement. Under no circumstances will Exclusive Flight Members Tips be held responsible or liable for removing, disabling or restricting access to the availability of the Services.
Any termination or suspension will be in addition and without prejudice to any rights or remedies as may be available to Exclusive Flight Members Tips, including injunction and other equitable remedies. All disclaimers, limitation of liability and indemnity provisions of these Terms and Conditions will survive termination. The disclaimers and limitations of liability provided in these Terms and Conditions, and these form an essential basis of the bargain between you and Exclusive Flight Members Tips and will survive and continue to apply in the case of fundamental breach or breaches, the failure of essential purpose of these terms, the failure of any exclusive remedy, or the termination of the relationship between you and Exclusive Flight Members Tips
12. JURISDICTION
Exclusive Flight Members Tips Inc. is located in Canada. If you are accessing the Services and Content outside Canada, you are responsible for using the Services and Content in accordance with the laws of your jurisdiction.
These Terms and Conditions will be interpreted in accordance with the laws of the Province of Ontario, Canada, without reference to its conflict of laws principles.
You agree that in the event of a dispute arising out of these Terms and Conditions, the laws of the Province of Ontario will apply. Any cause of action that you may have must be commenced within one (1) year after the claim or cause of action arises, except where prohibited by applicable law.
You may not export any Services or Content in violation of applicable export laws and regulations. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
13. ARBITRATION
Except where prohibited by applicable law, any claim (including disputes, controversies, etc.) arising out of or relating to these Terms and Conditions or any applicable Subscription Agreement will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator, who will be a person legally trained, has experience in information technology and is independent of both parties, to be held in Toronto, Ontario, in English and governed by Ontario law subject to the most current version of the Arbitration Act 1991 (Ontario). Each claim will be arbitrated on an individual basis and will not be consolidated with the claim of any other party. You agree to waive any right you may have to commence or participate in any class action against Exclusive Flight Members Tips. Notwithstanding the foregoing, Exclusive Flight Members Tips reserves the right to purse the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
14. GENERAL
These Terms and Conditions, the Privacy Policy and any applicable Subscription Agreement are personal to you, supersede any prior agreements between you and Exclusive Flight Members Tips in respect of the applicable subject-matter, and constitute the entire agreement between you and Exclusive Flight Members Tips. You may not assign or otherwise sub-contract your rights or obligations to anyone.
The failure of Exclusive Flight Members Tips to insist upon or enforce the strict performance of any right or provision under these agreements will not constitute or be construed as a waiver of any right or provision.
If any of the provisions (or parts thereof) contained in these Terms and Conditions, the Privacy Policy and any applicable Subscription Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determine will not affect the remaining provisions (or parts thereof) contained herein.
15. CONTACT US
Exclusive Flight Members Tips welcomes feedback. Any feedback, suggestions, ideas or other information that you provide to Exclusive Flight Members Tips regarding the performance, features, functionality or other aspects of Services and Content (“Feedback”) will be owned by Exclusive Flight Members Tips and may be used by Exclusive Flight Members Tips without restriction and without compensation to you. You understand that under no circumstances will your Feedback be subject to an obligation of confidentiality by Exclusive Flight Members Tips, that you are providing Feedback without an expectation of compensation, that the Feedback is wholly original to you and that you waive any and all rights that you may have in the Feedback in favour of Exclusive Flight Members Tips.
