Effective: March 2, 2017
These Terms & Conditions ("Terms") govern your access to and use of products and services provided by Flightly and Grab Analytics, LLC ("Flightly", "We", "Us", "Our", "Grab Analytics, LLC"), including websites, apps, APIs, managed services, optimizations, recommendations, and notifications, By accessing any of these or other products or services provided by Flightly, you agree to the following terms and conditions.
These Terms represent a legally binding contract made between you and Grab Analytics, LLC. You may use our products and services only if you can form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You agree to use these products & services only in compliance with these Terms and all applicable laws, rules, and regulations.
Flightly reserves the right to suspend, disable, block, delete, or otherwise terminate accounts of users for any and no reason.
Flightly provides access to third party sources of advertising inventory, including access to data and content. By accessing these products and services, you agree to comply with the terms, policies, rules, and regulations of the third party. These terms can be found here:
Flightly may add, remove, enable, disable, update, or limit access to products and services offered to you as deemed necessary or desirable in its sole discretion. It is not obligated to produce any such updates, except as necessary to comply with the law, rules, terms, and policies, including from third parties. Flightly in no way guarantees advertising performance or improvement.
Flightly may include integrations, links, gateways, or other functionality to use third party services. Flightly does not supply and is not responsible for any such services, the use of which may be subject to their own licenses, agreements, terms, and policies. Flightly makes no representations or warranties as to third party services, the availability therof, or the interoperability of the platform therewith.
Except as expressly permitted, you will not, and will not cause others to, modify, publish, transmit, license, sublicense, transfer, sell, distribute, reproduce, reverse engineer, decompile, create derivative or collective works from, or in any way otherwise exploit, or make available, in whole or in part to third parties any of the products or services provided by Flightly. You acknowledge and agree that any violation of this section would cause irreparable harm and that Flightly would be entitled to see immediate injunctive relief, in addition to any and all other rights and remedies available at law or equity.
You are solely responsible in all respects for all content and information submitted, uploaded, or otherwise provided to Flightly. Flightly is under no obligation to review any content or information. You shall ensure that all content and information is in accordance with the terms and policies of the third party, and you represent and warrant that you are fully authorized to submit content, and authorize Flightly to publish on your behalf, including all revisions.
You agrees to indemnify, defend and hold harmless Grab Analytics, LLC, its employees, officers and directors, or users from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from (i) any Content that you or anyone using your account may submit or access in the course of using Flightly; (ii) your violation these Terms; and (iii) any violation or failure by you to comply with all laws and regulations in connection with your use of Flightly, whether or not described herein.
You agree that Grab Analytics, LLC and its employees, officers, and directors, shall not be responsible for unauthorized access to or alterations of the campaign data.
GRAB ANALYTICS, LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING FLIGHTLY TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FLIGHTLY IS PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. FURTHER, GRAB ANALYTICS, LLC DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT FLIGHTLY IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR VIRUS-FREE OR THAT THE OPERATION OF ANY SERVICE WILL BE UNINTERRUPTED.
If any provision of these Terms is held to be invalid or unenforceable, the other provisions of this Agreement remain in full force and effect and the parties agree to endeavor towards the intention of the provision. Grab Analytics, LLC acquiescence in the breach of a provision of this Agreement or failure to act upon such breach does not waive its right to act with respect to subsequent or similar breaches. Likewise, the delay or failure of Grab Analytics, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Los Angeles County, California, and you consent to the jurisdiction of and venue in such courts.
The parties may agree to changes and additions to these Terms via email and the terms agreed to electronically by both parties shall be binding.
Grab Analytics, LLC may revise these Terms from time to time. The most current will be available from https://www.flightly.com. If we make a change to these Terms that, in our sole discretion, is of material, we will notify you via an update on our social media account or email. By continuing to access or use Flightly after those changes become effective, you agree to be bound by the revised Terms.