1. ACCEPTANCE OF TERMS
Welcome to Flycar. Flycar provides its services to you, subject to the following Terms of Service ("TOS"). In these TOS "you" means the individual using the Flycar services and "Flycar" means Flycar Limited. These TOS may be updated by Flycar from time to time without notice to you. You should review the TOS periodically for changes at: http://www.Flycar/conditions-of-use. In addition, when using particular Flycar services, you and Flycar shall be subject to any guidelines and rules applicable to such services which may be posted by Flycar from time to time. All such guides and rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Flycar currently provides users an internet -based online information and communication services (the "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Flycar properties, shall be subject to the TOS. You acknowledge and agree that the Services are provided "AS IS" and that Flycar assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Flycar has created certain areas on the Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services' registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Flycar has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Flycar has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Flycar is concerned about the safety and privacy of all its users.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Services' registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Flycar of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Flycar cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Flycar are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Flycar does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Flycar be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.
You agree to not use the Services to:
You acknowledge that Flycar has no obligation to monitor Content. Flycar and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or remove any Content that is available via the Services that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree that Flycar may access, preserve, and disclose your account information and Content: (a) to its affiliated companies for the purpose of providing the Content to you in an efficient manner; (b) for the purpose of properly administering your account in accordance with the standard operating procedures of Flycar or its affiliated companies; and (c) if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of Flycar, its users and the public.
You acknowledge that the technical processing and transmission of the Services, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Flycar reserves the right to terminate your access to some or all parts of its Services if you withdraw your consent in this paragraph at any time.
7. PUBLIC CONTENT POSTED TO Flycar
(a) For purposes of the TOS, "publicly accessible areas" of the Services are those accessible by the general public. You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible via the Services, and that under no circumstances will Flycar be liable in any way for the disclosure and public accessibility of such personal data or information. You acknowledge that any personal data or information (or any other Content) posted to publicly accessible areas may remain publicly accessible indefinitely.
(b) With respect to Content you elect to post for inclusion in publicly accessible areas of Flycar or that consists of photos or other graphics you elect to post to any other publicly accessible area of the Services, you grant Flycar a world-wide, royalty free and non-exclusive licence to reproduce, modify, adapt and publish such Content on the Services solely for the purpose of displaying, distributing and promoting to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Services. This licence exists only for as long as you elect to continue to include such Content on the Services and shall be terminated at the time you delete such Content from the Services.
(c) With respect to all other Content you elect to post to other publicly accessible areas of the Services, you grant Flycar the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
You agree to indemnify and hold Flycar and its affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Flycar may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Services, the maximum number of photos that may be uploaded, the maximum size of any message board postings that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Flycar's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Flycar has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that Flycar reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Flycar reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE
Flycar reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Flycar shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You agree that Flycar in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if Flycar believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Flycar may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Flycar may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Flycar shall not be liable to you or any third-party for any termination of your access to the Services.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. To the fullest extent permitted by applicable law, you agree that Flycar shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Flycar has no control over such sites and resources, you acknowledge and agree that Flycar is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Flycar 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
16. LIMITATION OF LIABILITY
You expressly acknowledge and agree that Flycar shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Flycar has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.
Notices to you may be made via either email or regular mail. The Services may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Services.
18. GENERAL INFORMATION
These TOS (including the guides and rules referred to herein) constitute the entire agreement between you and Flycar and govern your use of the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Flycar shall be governed by the laws of the Hong Kong SAR. Any action arising under this TOS shall be submitted to the courts of the Hong Kong SAR.
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