1. Description of Service. The Service is operated by Inflight Digital LLC. The Service includes the Sites that provide you access to a variety of content and information, including the capability to order and receive the delivery of various magazines and other publications, content and products (collectively, the “Publications”) including digital versions of the Publications delivered to you. 2. Acceptance of Terms. The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, terms, conditions, policies and procedures that may be published from time to time on the Sites by Company, which are incorporated herein by this reference. The Service is available only to individuals who are at least 13 years old. Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@inflightdigital.com You represent and warrant that if you are an individual, you are (i) at least 18 years old or (ii) if you are between the ages of 13 and 18, you have parental permission to enter into this Agreement and to use the Service. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions. 3. Modification of Terms of Use. Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or through the Service or by sending you an email or other communication. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes. 4. Privacy. Company’s current privacy statement is located at http://www.inflightdigital.com/privacy/ (the “Privacy Policy”) and is incorporated into these Terms of Use by this reference. For inquiries in regard to the Privacy Policy, or to report a privacy related problem, please contact support@inflightdigital.com. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOAD, INSTALLATION AND/OR USE OF ANY SOFTWARE, SERVICE AND CONTENT IN CONNECTION WITH THE SERVICE ARE GOVERNED BY COMPANY’S TERMS OF USE, PRIVACY POLICY, AND/OR OTHER SUCH AGREEMENTS, AND THAT ANY INFORMATION AND PERSONAL INFORMATION YOU PROVIDE TO ANY THIRD PARTY WILL BE SUBJECT TO SUCH THIRD PARTY’S’ PRIVACY POLICY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE DEVICE MAKER, OPERATING SYSTEM MAKER OR WIRELESS CARRIER IS NOT RESPONSIBLE FOR ANY PRIVACY OR ANY OTHER PRACTICES OF SUCH THIRD PARTY SERVICE PROVIDERS, AND EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY SUCH APPLICATIONS, SERVICES, CONTENTS OR YOUR USE THEREOF. 5. Rules and Conduct. As a condition of use, you promise not to use the Service for any purpose that is not expressly permitted by the Terms of Use. The Service (including, without limitation, any Content, or User Submissions as defined below) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term “Content” includes, without limitation, any Publications, advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service by Company, those publishers whose publications are offered for sale on the Site (“Participating Publishers”), or Company’s other partners. By way of example, and not as a limitation, you shall not (and shall not authorize or permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that: Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. Company reserves the right to remove any Content from the Service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all. 6. Limitation on Use. You shall not circumvent or attempt to circumvent the allotted reading session period through any means and/or initiate or attempt to initiate reading sessions outside of geolocated authorized areas. Company retains the right, but not the obligation, to monitor the Service to determine compliance with these Terms of Use, including without limitation reader session activations, and any operating rules established by Company, and to satisfy any law, regulation or authorized government request. 7. Third Party Software. You acknowledge that software you may download from the Site or through the Service (“Software”) may include certain third party software which is governed by the applicable license terms thereof. Company makes no indemnity, representation or warranty with respect to any third party software included within the Software. 8. Registration. As a condition to using certain aspects of the Service, you will be required to register with Company and select a password, supply a physical address and an email address (“Company User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a Company User ID the email address of another person with the intent to impersonate that person; (ii) use as a Company User ID identification subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Company User ID an email address that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a Company User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware. If you access the Service through a third party site or service, you will provide your third party account credentials to Company, and you are consenting to have the information in those accounts transmitted into your Company account, and you agree that you shall only use accounts owned by you, and not by any other person or entity. 9. Interactions with Third Parties. The Service may permit you to link to other websites or resources on the Internet that are not owned, operated or otherwise controlled by Company, and other websites or resources that are not owned or operated by Company may contain links to the Service. When you access third party websites, you do so solely at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Service and that you will act in accordance with those policies, in addition to your obligations under this Agreement. These other websites are not under Company’s control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such third party website or resource. Your interactions with Participating Publishers and other organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If you have a dispute with any Participating Publisher, another use of the Service or any other third party, you understand and agree that Company is under no obligation to become involved. In the event that you have any such dispute, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. 10. Social Networking Services. You may enable or log in to the Service via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Company’s use, storage and disclosure of information related to you and your use of such services within Company (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Company shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service. In addition, Company is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Company is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Company enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation. 11. Company and Site Content. You agree that the Service contains Content specifically provided by Company, Participating Publishers and Company’s other partners, and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the prior written consent of the respective owners or other valid right, and (ii) in any way that violates any third party right. You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites solely for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice. 12. User Submissions and Content from Third Party Sites. The Service may also provide you with the ability to upload, submit, disclose, distribute or otherwise post (, “post”) content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship and/or other information to the Services (“User Submissions”). By posting User Submissions on or at any of the Sites or otherwise through the Service: You hereby do and shall grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform, and otherwise fully exploit (“Use”) the User Submissions in connection with the Service and Company’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Service (and derivative work thereof) in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to Use such User Submissions as permitted through the functionality of the Service and under these Terms of Use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing; You represent and warrant (and, upon request from Company, will promptly provide documentation and other evidence to demonstrate to Company’s satisfaction): (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by Company (including without limitation, publishing content on or at the Sites) will not infringe upon, misappropriate or violate the rights of any third party, including without limitation any privacy, publicity, contract or other rights of any person or entity; (b) that You have the permission to Use the name and likeness of each identifiable individual person and to Use such individual’s identifying or personal information, such as his or her username(s), on the Service; and (c) that You are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service; You agree to pay all royalties and other amounts owed to any person or entity due to your Use of any User Submissions on the Service; and You understand that Company shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service. Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and Company shall not have any responsibility or liability for such information. Company has the right, but not the obligation, to monitor the Site, Service, Content, and/or User Submissions. Company may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all. Company is a distributor (not a publisher) of the Content (including Publications). Accordingly, we have no editorial control over the Publications or any other Content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in Publications or other Content, offered by the Service, are those of the respective author(s) or publisher(s) and not of Company and Company will not be responsible and/or liable therefor. Company does not guarantee the accuracy, completeness or usefulness of any Content(including Publications). Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any loss or damage caused by your reliance on information obtained through the Service or from the Content (including Publications), any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Service. Copyright Complaints: Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Company of your infringement claim in accordance with the procedure set forth below. Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Company’s Copyright Agent at DMCATakedownRequest@inflightdigital.com (Subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at: mail:
Inflight Digital/F2F 6Sixty Digital
RE: DMCA Takedown Request
184 S. Livingston Ave., Ste. 9-353
Livingston, NJ 07039
To be effective, the notification must be in writing and contain the following information: Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: If a counter-notice is received by the Copyright Agent, Company will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, users who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 13. Termination. Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Sites. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, provisions regarding intellectual property rights and ownership, warranty disclaimers, indemnification obligations and limitations of liability. 14. Warranty Disclaimer. COMPANY AND CONTENT PROVIDERS HAVE NO SPECIAL RELATIONSHIP WITH AND/OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT COMPANY AND CONTENT PROVIDERS HAVE NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAIN ACCESS TO THE SERVICE; WHAT CONTENT YOU ACCESS VIA THE SERVICE; WHAT EFFECTS THE CONTENT MAY HAVE ON YOU; HOW YOU MAY INTERPRET AND/OR USE THE CONTENT; AND/OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU RELEASE COMPANY, ITS SUPPLIERS, PARTNERS AND CONTENT PROVIDERS (INCLUDING, WITHOUT LIMITATION, THE PARTICIPATING PUBLISHERS) AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, CONTRACTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”)FROM ALL LIABILITY RELATING TO YOUR ACCESS OF AND/OR INABILITY TO ACCESS ANY CONTENT THROUGH THE SERVICE. THE SERVICE MAY CONTAIN, OR DIRECT YOU TO WEBSITES CONTAINING, INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. NONE OF THE COMPANY PARTIES MAKES ANY REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN, MADE AVAILABLE THROUGH AND/OR OTHERWISE ACCESSED THROUGH THE SERVICE, AND NEITHER COMPANY NOR ANY CONTENT PROVIDERS (INCLUDING, WITHOUT LIMITATION, THE PARTICIPATING PUBLISHERS) WILL BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY AND/OR DECENCY OF ANY CONTENT OR OTHER MATERIAL CONTAINED IN, MADE AVAILABLE THROUGH AND/OR OTHERWISE ACCESSED THROUGH THE SERVICE. THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED ON A STRICTLY “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.) NONE OF THE COMPANIY PARTIES WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS OR WILL BEFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Sites, or otherwise connected with your use of the Service. 15. Photosensitive Seizure. A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These seizures have a variety of symptoms, including lightheadedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Sites and Service and consult a doctor. 16. Indemnification and Release. You shall defend, indemnify, and hold harmless the Company Parties, s from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Sites, Service, Content or otherwise from your User Submissions, (ii) your violation of the Terms of Use, or (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine. 17. General Content Disclaimer. THE CONTENT PROVIDED BY OR THROUGH THE SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY, AND SHOULD NOT BE RELIED UPON. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE APPROPRIATENESS, ACCURACY, RELIABILITY, USEFULNESS, COMPLETENESS, OR TIMELINESS OF SUCH CONTENT. YOU SHOULD INDEPENDENTLY VERIFY ALL CONTENT AND OTHER INFORMATION THAT YOU ACCESS THROUGH THE SERVICE. BY USING THE SERVICE, YOU AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE FOR (1) ANY CONTENT, (2) ANY PERSON’S RELIANCE ON ANY SUCH CONTENT, WHETHER OR NOT CORRECT, CURRENT AND COMPLETE, OR (3) THE CONSEQUENCES OF ANY ACTION THAT YOU OR ANY OTHER PERSON TAKES OR FAILS TO TAKE BASED ON ANY CONTENT OR OTHERWISE AS A RESULT OF YOUR USE OF THE SERVICE. YOUR USE OF OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. 18. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE, (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF ONE-HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID BY YOU FOR THE SERVICES AND ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM OR (V) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. 19. International Use. Company makes no representation that the Content is appropriate or available for use in locations outside of the United States other than those explicitly noted in the airport listing viewable at www.inflightdigital.com/airportlist/, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. 20. Dispute Resolution. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Company agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Essex County, New Jersey, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the District of New Jersey. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation, this section. 21. Integration and Severability. The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Sites. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 22. Miscellaneous. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. 23. Copyright and Trademark Notices. Unless otherwise indicated, the Terms of Use and all Content provided by Company are protected by copyright, ©2014 Inflight Digital LLC. All rights reserved. Inflight Digital, Inflight Reader and the Inflight Digital and Inflight Reader logos are either trademarks or registered trademarks of Company. The names of actual companies and products mentioned at the Sites and through the Services may be the trademarks of their respective owners. 24. Contact. Inflight Digital LLC
660 Stuyvesant Avenue
Irvington, NJ 07039