The Macy’s Flying Service website located at http://macysflyingservice.com is a copyrighted work belonging to Macy’s Flying Service. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
Access to the Site
Subject to these Terms.
Macy’s Flying Service grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
Macy’s Flying Service reserves the right to change, suspend, or cease the Site with or without notice to you. You agree that Macy’s Flying Service will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
No Support or Maintenance.
You agree that Macy’s Flying Service will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Macy’s Flying Service or its suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Macy’s Flying Service and its suppliers reserve all rights not granted in these Terms.
Third-Party Links; Other Users
The Site may contain links to third-party websites and services. Such Third-Party Links are not under the control of Macy’s Flying Service, and Macy’s Flying Service is not responsible for any Third-Party Links. Macy’s Flying Service provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Macy’s Flying Service will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge Macy’s Flying Service and its officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Cookies and Web Beacons.
Like many websites, Macy’s Flying Service uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing web page content based on visitors’ browser type and/or other information.
The Site is provided on an “as-is” and “as available” basis, and Macy’s Flying Service and its suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Macy’s Flying Service and its suppliers make no guarantee that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall Macy’s Flying Service or its suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the Site even if Macy’s Flying Service has been advised of the possibility of such damages. Access to and use of the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, Macy’s Flying Service liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (U.S. $50). The existence of more than one claim will not enlarge this limit. You agree that Macy’s Flying Service’s suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination.
Subject to this Section, these Terms will remain in full force and effect while you use the Site. Macy’s Flying Service may suspend or terminate your rights to use the Site at any time for any reason at its sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of User Content associated with your Account from Macy’s Flying Service’s live databases. Macy’s Flying Service will not have any liability whatsoever to you for any termination of your rights under these Terms.
Macy’s Flying Service respects the intellectual property of others and asks that users of its Site do the same. In connection with the Site, Macy’s Flying Service has adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of the Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of the Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
-your physical or electronic signature;
-identification of the copyrighted work(s) that you claim to have been infringed;
-identification of the material on the services that you claim is infringing and that you request Macy’s Flying Service to remove;
-sufficient information to permit Macy’s Flying Service to locate such material;
-your address, telephone number, and e-mail address;
-a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
-a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Macy’s Flying Service in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if Macy’s Flying Service makes any substantial changes, you may be notified you by e-mail to the last e-mail address you provided to Macy’s Flying Service and/or by prominently posting notice of the changes on the Site. You are responsible for providing Macy’s Flying Service with your most current e-mail address. In the event that the last e-mail address that you have provided Macy’s Flying Service is not valid, the dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following the dispatch of an e-mail notice to you or thirty (30) calendar days following the posting of notice of the changes on the Site. These changes will be effective immediately for new users of the Site. Continued use of the Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
The communications between you and Macy’s Flying Service use electronic means, whether you use the Site or send emails directly to Macy’s Flying Service, or whether Macy’s Flying Service posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Macy’s Flying Service in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Macy’s Flying Service provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
These Terms constitute the entire agreement between you and Macy’s Flying Service regarding the use of the Site. Macy’s Flying Service’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Macy’s Flying Service is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Macy’s Flying Service’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Macy’s Flying Service may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Copyright ©Macy's Flying Service. All rights reserved. All trademarks, logos and service marks displayed on the Site are the property of Macy’s Flying Service or the property of other third-parties. You are not permitted to use these Marks without the prior written consent of Macy’s Flying Service or the consent of such third party which may own the Marks.