General
Use of the Flying Compass website, www.flyingcompass.com, is subject to the following Member Terms and Conditions of Use. By using this website, you unconditionally accept and agree to comply with its terms and conditions. This site was designed for individuals 18 years of age and older.
Registration
To provide travel content, including but not limited to: experience(s), photo(s), video(s), as well as to participate in Q&As (questions and answers), and other member activities, it is necessary to register and become a member.
As a member, you agree to:
In the event Flying Compass, Inc. is unable to contact the member using the information on file, Flying Compass, Inc. will de-activate the member’s account, however member’s account will be maintained for a period of 90 days. After this time period, Flying Compass, Inc. will automatically delete the member’s account.
Discontinue/Cancel Membership
A member may discontinue/cancel their membership at any time by making such a request using the Contact Us page.
The Member Terms and Conditions of Use will continue to apply, even after the membership is discontinued or the website is no longer used.
Support
Support for members is available via the Contact Us page.
Member Collection of Information and Use
The privacy policy found on Flying Compass, Inc. website, applies to all users including members, etc.
When a member provides their email address as part of a registration process, it is with the understanding that the member may receive information from Flying Compass, Inc. about website upgrades and for accounting purposes.
Flying Compass, Inc. reserves the right to review and approve all member video submissions prior to being posted on www.flyingcompass.com and to otherwise monitor the content provided by members.
Abuse and Complaints
Flying Compass, Inc. may de-active or terminate access to member’s account, as well as member’s content, in whole or in part, temporarily or permanently, without cause, and/or notice, if Flying Compass, Inc. believes member has violated the Member Terms and Conditions of Use, as well as guidelines. Flying Compass, Inc. shall have no liability to member or any third party related to this action.
Flying Compass, Inc. maintains an abuse form. Member is responsible for insuring that the content they provide does not create complaints. Flying Compass, Inc. will not disclose the details of those complaints, however we do reserve the right to determine whether legitimate abuses have occurred and, at our sole discretion, may de-activate or terminate an account for abuse.
Violations and Remedies
Flying Compass reserves the rights to:
While substantial effort has been made in compiling the content of this website, Flying Compass, Inc. does not warrant the accuracy, reliability or completeness of any information on the Flying Compass, Inc. website, www.flyingcompass.com.
Member agrees that Flying Compass, Inc. will not be responsible or liable, directly or indirectly, for any inaccuracy or errors and omissions, for any consequential or punitive damages, or for any damages or loss suffered or alleged to be damaged or suffered, or for any failure of performance, breach of contract, tortious behavior, negligence or under any other cause of action in connection with the use of or reliance upon such content, advertising, products, services or other resources made available by such advertisements or websites.
Flying Compass, Inc., its website and website content, are provided "as is" without warranties, either expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, title or non-infringement.
A link from Flying Compass, Inc. to a third party's/advertiser’s website does not imply an endorsement of the products, services or information on that website or those who own or operate that third party's/Advertiser’s website. Additionally, Flying Compass, Inc. does not control the content, product or services or use of third party's/Advertiser’s websites.
Flying Compass, Inc. does not represent nor warrant, but will make EVERY reasonable effort to ensure that the services are uninterrupted or error-free and that defects will be corrected.
Liabilities
Flying Compass, Inc. or any person or entity, including officers, directors, shareholders, employees, consultants, agents, affiliates, licensors, content providers, suppliers, successors and assigns, involved in the creation, manufacture or distribution of any software, services, content or other materials provided under these terms and conditions of use, shall not be liable for any loss of profits, loss of business, loss of use, loss of data, loss of savings or other consequential, special, incidental, indirect, exemplary or punitive damages suffered or sustained by Member by reason of failure to perform or delay in the performance of their respective responsibilities. as described in these terms and conditions of use.
Flying Compass, Inc. shall not be held liable for any inaccuracies, reliability or completeness in information contained in Flying Compass Inc.'s content, except Flying Compass, Inc. may elect to correct the information when the proposed change is provided to us by a reliable source and Flying Compass, Inc. deems the update necessary.
Flying Compass, Inc. will not be held responsible or considered to have failed to meet its obligations under this agreement, if it either delays performance or fails to perform as a result of any cause beyond its reasonable control.
Flying Compass, Inc. liability to member is limited to and shall not exceed sums actually paid to Flying Compass, Inc. by member. These limitations of liability will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in this agreement.
Indemnification
Member will indemnify Flying Compass, Inc. against, and will defend or settle at member’s expense, any action or other preceding brought against Flying Compass, Inc., its business partners, third-party suppliers and providers, officers, directors, employees and agents, involving a claim that the inclusion in the Flying Compass website of any of the materials or data provided by member, infringes on any third party intellectual property, or proprietary right, or is libelous or defamatory, or otherwise results in injury or damage to any third party. Member will pay, as incurred, any and all costs, damages and expenses (including, but not limited to, reasonable attorney's fees and costs) awarded against or incurred by Flying Compass, Inc. in any action or proceeding attributable to any such claim.
Flying Compass, Inc. reserves the right to temporarily suspend access to the Flying Compass, Inc. website for means of upgrading or maintaining the website. Member also agrees to indemnify, defend and hold harmless Flying Compass, Inc. from any and all claims and expenses, including attorney's fees, arising out of the use of the website by member.
Severability
If any part of these terms and conditions are found to be invalid or unenforceable or deemed severable, that provision will be limited or eliminated to the minimum extent necessary, so that it will otherwise remain in full force and effect and enforceable. In the case of termination, this agreement shall survive beyond termination, including, without limitation, ownership, warranty disclaimers and limitations of liability. This agreement supersedes all previous Member Terms and Conditions of Use.
Assignment
Member may not assign, convey, contract or delegate their duties or obligations.
Flying Compass, Inc. reserves the right to assign its rights and obligations hereunder to any successor entity with a similar purpose and objective as that of Flying Compass, Inc.
Proprietary Rights
For each content submission, member agrees that member has the rights to display these items.
When member provides Flying Compass, Inc. content, member grants Flying Compass, Inc. a non-exclusive, worldwide, irrevocable, royalty-free right to host and display member’s content for an unlimited period of time.
Member acknowledges that member obtains no proprietary rights in Flying Compass, Inc.'s trademarks, service marks, trade names, URLs, copyrighted material, patents, and patent applications, and agrees not to challenge Flying Compass Inc.'s proprietary rights.
All proprietary rights of the Advertiser(s) and Flying Compass, Inc., as well as all goodwill arising as a result of such rights, inure to the benefit of such owner.
Trademarks and Copyrights
Flying Compass, Inc. owns and operates the website www.flyingcompass.com. The content, layout and organization of this website is the copyrighted property of Flying Compass, Inc., Copyright ©2005-2008 Flying Compass. All rights reserved.
Flying Compass does not claim any ownership or have any responsibility for member content, including but not limited to member created experience(s), photo(s), video(s), Q&As (questions and answers), content of any messages or information posted by members or others. Member content remains the sole and exclusive property of the copyright holder/member.
Flying Compass is a registered service mark of Flying Compass, Inc. All related trademarks, service marks, trade names, logos, characters and design are trademarks or registered trademarks of Flying Compass, Inc. in the United States and other countries, regardless of whether such intellectual property notices appear on the materials, and may not be used without prior express written permission. All other trademarks are the property of their respective owners. Use of these marks is strictly prohibited.
Member explicitly agrees not to adopt or use in any manner any trademarks, service marks, trade names, and/or URLs that are the same or confusingly similar to, or are combined with, those of Flying Compass, Inc., now or at anytime in the future.
Nothing displayed on this website, either express or implied, can be construed to grant a license or right to use trademarks or services marks of Flying Compass, Inc. or any of its third party providers.
Member may not, in whole or part, modify, change, publish, transmit, make available for sale, transfer by sale or otherwise, create derivate works, or in anyway exploit, any of the content they do not hold rights to. Prior express written permission is required to otherwise copy, reproduce, distribute or publish or use these copyrighted materials, other than their own.
Recovery & Damages
Should it be necessary for Flying Compass, Inc. to employ an attorney or a collection agency to collect any sum due under an agreement, whether suit must be filed or not, and to enforce rights under this agreement, Flying Compass, Inc. will be entitled to recover attorney's fee and costs.
Member understands and agrees that Flying Compass, Inc. has the right to seek damages when member uses the website, www.flyingcompass.com, for unlawful purposes and/or is in violation of the terms of this agreement, and that such damages may include, unlimited consequential, cover, direct or indirect, incidental, reliance and/or special damages.
Venue
All agreements shall be governed by the laws of the state in which Flying Compass, Inc. is located and member agrees that this will be the proper venue for legal action. The venue is North Carolina and the laws of the state of North Carolina apply without regard to any conflict of law principles/provisions.
Notice
Except as provided elsewhere herein, both parties must send all notices relating to this agreement to: Flying Compass, Inc. via registered mail, return receipt requested or via an internationally recognized express mail carrier to Attn: Legal Department, Flying Compass, Inc., P.O. Box 24305, Winston-Salem, NC 27114 USA (effective upon actual receipt); and to member at the email or physical address listed on member’s account (providing Flying Compass, Inc. does not receive an error/non-deliverable message regarding delivery of the email) or five (5) days after mailing).
Amendments
Flying Compass, Inc. may elect to amend the Member Terms and Conditions of Use, General Terms of Use, Privacy Policy and/or member rewards program. Those changes will be posted on the Flying Compass, Inc. website and become effective at the time they are posted.
Complete Agreement
This agreement contains the complete agreement between Flying Compass, Inc. and member with respect to the subject matter contained herein. This agreement with Flying Compass, Inc. is not a license or a franchise agreement. Nothing in this agreement or in the business dealings between member and Flying Compass, Inc. shall be construed to make them joint venturers, or partners with each other.
Use of the Flying Compass website, www.flyingcompass.com, is subject to the following Member Terms and Conditions of Use. By using this website, you unconditionally accept and agree to comply with its terms and conditions. This site was designed for individuals 18 years of age and older.
Registration
To provide travel content, including but not limited to: experience(s), photo(s), video(s), as well as to participate in Q&As (questions and answers), and other member activities, it is necessary to register and become a member.
As a member, you agree to:
- provide Flying Compass, Inc. with accurate member information
- maintain up-to-date member information, such as name, email address, etc.
- take reasonable precautions to protect your account against theft, loss or fraudulent use of, user ID, password and files, and to immediately notify us via the Contact Us page, when you believe your account has been compromised.
- be financially responsible for any transactions occurring using your member information
- comply with the Member Terms and Conditions of Use and with all applicable laws in the United States or in any other applicable territory, and warrant that no content of member will render Flying Compass, Inc. liable to any proceedings whatsoever.
- post objectionable content (including but not limited to content that is objectionable, misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promotes illegal products, services or activities)
- include a website or email address as part of your content use Flying Compass, Inc. for any purpose other than intended
In the event Flying Compass, Inc. is unable to contact the member using the information on file, Flying Compass, Inc. will de-activate the member’s account, however member’s account will be maintained for a period of 90 days. After this time period, Flying Compass, Inc. will automatically delete the member’s account.
Discontinue/Cancel Membership
A member may discontinue/cancel their membership at any time by making such a request using the Contact Us page.
The Member Terms and Conditions of Use will continue to apply, even after the membership is discontinued or the website is no longer used.
Support
Support for members is available via the Contact Us page.
Member Collection of Information and Use
The privacy policy found on Flying Compass, Inc. website, applies to all users including members, etc.
When a member provides their email address as part of a registration process, it is with the understanding that the member may receive information from Flying Compass, Inc. about website upgrades and for accounting purposes.
Flying Compass, Inc. reserves the right to review and approve all member video submissions prior to being posted on www.flyingcompass.com and to otherwise monitor the content provided by members.
Abuse and Complaints
Flying Compass, Inc. may de-active or terminate access to member’s account, as well as member’s content, in whole or in part, temporarily or permanently, without cause, and/or notice, if Flying Compass, Inc. believes member has violated the Member Terms and Conditions of Use, as well as guidelines. Flying Compass, Inc. shall have no liability to member or any third party related to this action.
Flying Compass, Inc. maintains an abuse form. Member is responsible for insuring that the content they provide does not create complaints. Flying Compass, Inc. will not disclose the details of those complaints, however we do reserve the right to determine whether legitimate abuses have occurred and, at our sole discretion, may de-activate or terminate an account for abuse.
Violations and Remedies
Flying Compass reserves the rights to:
- review, edit, remove or delete all or part of member’s objectionable content.
- immediately remove, disable and delete member's account, and seek legal action/remedy to any member who has or attempts to:
- disabled, tampered, copied or removed any proprietary data (such as imbedded files) from any Flying Compass, Inc. product or service. This can include materials or programming/coding accessed by member as a result of this agreement.
- modified, translated, or created derivative works of any Flying Compass, Inc. product or service.
- copied, reproduced, distributed or displayed, or otherwise transferred rights owned by Flying Compass, Inc.
- directly or indirectly reverse engineered, disassembled, decompiled or discovered the source code or underlying structure, ideas, or algorithms of any Flying Compass, Inc. product or service.
- require the now former member to immediately destroy any files or copies of Flying Compass website contents.
While substantial effort has been made in compiling the content of this website, Flying Compass, Inc. does not warrant the accuracy, reliability or completeness of any information on the Flying Compass, Inc. website, www.flyingcompass.com.
Member agrees that Flying Compass, Inc. will not be responsible or liable, directly or indirectly, for any inaccuracy or errors and omissions, for any consequential or punitive damages, or for any damages or loss suffered or alleged to be damaged or suffered, or for any failure of performance, breach of contract, tortious behavior, negligence or under any other cause of action in connection with the use of or reliance upon such content, advertising, products, services or other resources made available by such advertisements or websites.
Flying Compass, Inc., its website and website content, are provided "as is" without warranties, either expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, title or non-infringement.
A link from Flying Compass, Inc. to a third party's/advertiser’s website does not imply an endorsement of the products, services or information on that website or those who own or operate that third party's/Advertiser’s website. Additionally, Flying Compass, Inc. does not control the content, product or services or use of third party's/Advertiser’s websites.
Flying Compass, Inc. does not represent nor warrant, but will make EVERY reasonable effort to ensure that the services are uninterrupted or error-free and that defects will be corrected.
Liabilities
Flying Compass, Inc. or any person or entity, including officers, directors, shareholders, employees, consultants, agents, affiliates, licensors, content providers, suppliers, successors and assigns, involved in the creation, manufacture or distribution of any software, services, content or other materials provided under these terms and conditions of use, shall not be liable for any loss of profits, loss of business, loss of use, loss of data, loss of savings or other consequential, special, incidental, indirect, exemplary or punitive damages suffered or sustained by Member by reason of failure to perform or delay in the performance of their respective responsibilities. as described in these terms and conditions of use.
Flying Compass, Inc. shall not be held liable for any inaccuracies, reliability or completeness in information contained in Flying Compass Inc.'s content, except Flying Compass, Inc. may elect to correct the information when the proposed change is provided to us by a reliable source and Flying Compass, Inc. deems the update necessary.
Flying Compass, Inc. will not be held responsible or considered to have failed to meet its obligations under this agreement, if it either delays performance or fails to perform as a result of any cause beyond its reasonable control.
Flying Compass, Inc. liability to member is limited to and shall not exceed sums actually paid to Flying Compass, Inc. by member. These limitations of liability will survive and apply notwithstanding the failure of any limited or exclusive remedy for breach of warranty set forth in this agreement.
Indemnification
Member will indemnify Flying Compass, Inc. against, and will defend or settle at member’s expense, any action or other preceding brought against Flying Compass, Inc., its business partners, third-party suppliers and providers, officers, directors, employees and agents, involving a claim that the inclusion in the Flying Compass website of any of the materials or data provided by member, infringes on any third party intellectual property, or proprietary right, or is libelous or defamatory, or otherwise results in injury or damage to any third party. Member will pay, as incurred, any and all costs, damages and expenses (including, but not limited to, reasonable attorney's fees and costs) awarded against or incurred by Flying Compass, Inc. in any action or proceeding attributable to any such claim.
Flying Compass, Inc. reserves the right to temporarily suspend access to the Flying Compass, Inc. website for means of upgrading or maintaining the website. Member also agrees to indemnify, defend and hold harmless Flying Compass, Inc. from any and all claims and expenses, including attorney's fees, arising out of the use of the website by member.
Severability
If any part of these terms and conditions are found to be invalid or unenforceable or deemed severable, that provision will be limited or eliminated to the minimum extent necessary, so that it will otherwise remain in full force and effect and enforceable. In the case of termination, this agreement shall survive beyond termination, including, without limitation, ownership, warranty disclaimers and limitations of liability. This agreement supersedes all previous Member Terms and Conditions of Use.
Assignment
Member may not assign, convey, contract or delegate their duties or obligations.
Flying Compass, Inc. reserves the right to assign its rights and obligations hereunder to any successor entity with a similar purpose and objective as that of Flying Compass, Inc.
Proprietary Rights
For each content submission, member agrees that member has the rights to display these items.
When member provides Flying Compass, Inc. content, member grants Flying Compass, Inc. a non-exclusive, worldwide, irrevocable, royalty-free right to host and display member’s content for an unlimited period of time.
Member acknowledges that member obtains no proprietary rights in Flying Compass, Inc.'s trademarks, service marks, trade names, URLs, copyrighted material, patents, and patent applications, and agrees not to challenge Flying Compass Inc.'s proprietary rights.
All proprietary rights of the Advertiser(s) and Flying Compass, Inc., as well as all goodwill arising as a result of such rights, inure to the benefit of such owner.
Trademarks and Copyrights
Flying Compass, Inc. owns and operates the website www.flyingcompass.com. The content, layout and organization of this website is the copyrighted property of Flying Compass, Inc., Copyright ©2005-2008 Flying Compass. All rights reserved.
Flying Compass does not claim any ownership or have any responsibility for member content, including but not limited to member created experience(s), photo(s), video(s), Q&As (questions and answers), content of any messages or information posted by members or others. Member content remains the sole and exclusive property of the copyright holder/member.
Flying Compass is a registered service mark of Flying Compass, Inc. All related trademarks, service marks, trade names, logos, characters and design are trademarks or registered trademarks of Flying Compass, Inc. in the United States and other countries, regardless of whether such intellectual property notices appear on the materials, and may not be used without prior express written permission. All other trademarks are the property of their respective owners. Use of these marks is strictly prohibited.
Member explicitly agrees not to adopt or use in any manner any trademarks, service marks, trade names, and/or URLs that are the same or confusingly similar to, or are combined with, those of Flying Compass, Inc., now or at anytime in the future.
Nothing displayed on this website, either express or implied, can be construed to grant a license or right to use trademarks or services marks of Flying Compass, Inc. or any of its third party providers.
Member may not, in whole or part, modify, change, publish, transmit, make available for sale, transfer by sale or otherwise, create derivate works, or in anyway exploit, any of the content they do not hold rights to. Prior express written permission is required to otherwise copy, reproduce, distribute or publish or use these copyrighted materials, other than their own.
Recovery & Damages
Should it be necessary for Flying Compass, Inc. to employ an attorney or a collection agency to collect any sum due under an agreement, whether suit must be filed or not, and to enforce rights under this agreement, Flying Compass, Inc. will be entitled to recover attorney's fee and costs.
Member understands and agrees that Flying Compass, Inc. has the right to seek damages when member uses the website, www.flyingcompass.com, for unlawful purposes and/or is in violation of the terms of this agreement, and that such damages may include, unlimited consequential, cover, direct or indirect, incidental, reliance and/or special damages.
Venue
All agreements shall be governed by the laws of the state in which Flying Compass, Inc. is located and member agrees that this will be the proper venue for legal action. The venue is North Carolina and the laws of the state of North Carolina apply without regard to any conflict of law principles/provisions.
Notice
Except as provided elsewhere herein, both parties must send all notices relating to this agreement to: Flying Compass, Inc. via registered mail, return receipt requested or via an internationally recognized express mail carrier to Attn: Legal Department, Flying Compass, Inc., P.O. Box 24305, Winston-Salem, NC 27114 USA (effective upon actual receipt); and to member at the email or physical address listed on member’s account (providing Flying Compass, Inc. does not receive an error/non-deliverable message regarding delivery of the email) or five (5) days after mailing).
Amendments
Flying Compass, Inc. may elect to amend the Member Terms and Conditions of Use, General Terms of Use, Privacy Policy and/or member rewards program. Those changes will be posted on the Flying Compass, Inc. website and become effective at the time they are posted.
Complete Agreement
This agreement contains the complete agreement between Flying Compass, Inc. and member with respect to the subject matter contained herein. This agreement with Flying Compass, Inc. is not a license or a franchise agreement. Nothing in this agreement or in the business dealings between member and Flying Compass, Inc. shall be construed to make them joint venturers, or partners with each other.
