H.M.S. Fly - Terms Of Use

INTRODUCTION
Welcome to the Internet site H.M.S. Fly. H.M.S. Fly is referred to herein as "we," "us" or "our".
Please read these terms of use carefully before using H.M.S. Fly site. By using  H.M.S. Fly site you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the H.M.S. Fly site.

USE OF CONTENT
All information, materials, functions and other content (including Submissions, as defined in Section 3, entitled "SUBMISSIONS") ("content") contained on H.M.S. Fly Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. We may change the H.M.S. Fly site or delete content or features at any time, in any way, for any or no reason.
Except as we specifically agree in writing, no content from any H.M.S. Fly site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the H.M.S. Fly site, except that where H.M.S. Fly site is configured to enable the download of particular content, you may download one copy of such content to a single computer for your personal, non-commercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the content, and (c) do not use the content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of H.M.S. Fly site is prohibited.
In the event that we offer downloads of software on H.M.S. Fly site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, non-commercial home use only. We do not transfer title to the software to you. You may not distribute or otherwise exploit the software or decompile, reverse engineer, disassemble or otherwise reduce the software to a human-readable form.
SUBMISSIONS
In these terms of use, we use the word "Submissions" to mean text, messages, ideas, concepts, pitches, suggestions, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through H.M.S. Fly site.
As stated in these terms of use, the provisions of these terms of use apply equally to Unsolicited Submissions and Solicited Submissions. Accordingly, we, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any submission.
We reserve the right, but disclaim any obligation or responsibility, to refuse to post or communicate or remove any submission from H.M.S. Fly Site that violates these terms of use including the Rules of Conduct and  identify any user to third parties, and/or disclose to third parties any submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either facilitate compliance with laws. H.M.S. Fly retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
ACCOUNTS
Some services on or through the H.M.S. Fly site permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at info@hmsfly.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to H.M.S. Fly site. In addition, you agree to exit from your account at the end of each session.
We may suspend or terminate your account and your ability to use H.M.S. Fly site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site or feature offered as part of H.M.S. Fly site that offers the opportunity for users to Distribute Submissions for viewing by H.M.S. Fly site users, including a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog & e-mail function. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the Submissions you Distribute on or through H.M.S. Fly site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum.
Also, you should be sceptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.

RULES OF CONDUCT
The following Rules of Conduct apply to H.M.S. Fly site. By using H.M.S. Fly site, you agree that you will not Distribute any Submission that:

    1. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person or is bigoted, hateful, or racially or otherwise offensive; or is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity;
    2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
    3. infringes or violates any right of a third party including copyright, patent, trademark, trade secret or other proprietary or contractual rights,  right of privacy specifically, you must not distribute another person's personal information of any kind without their express permission.
    4. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the H.M.S. Fly site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of H.M.S. Fly site; or
    5. does not generally pertain to the designated topic or theme of the relevant Public Forum, or violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

CONTENT ACCESSIBLE THROUGH LINKS FROM H.M.S. FLY SITE
You should be aware that when you are on H.M.S. Fly site, there are links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers and sponsors. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us. Different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from H.M.S. Fly site or third-party content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and /or listed in search results or identified on search results pages.

INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of H.M.S. Fly site.

LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall we, our licensors or licensees, or any of the foregoing entities' respective resellers, distributors, service providers or suppliers, be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including lost profits, and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use, H.M.S. Fly site or content, or (b) the conduct or actions, whether online or offline, of any user of a H.M.S. Fly site or any other person or entity, even if we have been advised of the possibility of such damages. (c) The opinions expressed within H.M.S. Fly site.
We may terminate your further access to H.M.S. Fly site or change the H.M.S. Fly sites or delete content or features in any way, at any time and for any reason or no reason.
The limitations, exclusions and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

AMENDMENT
At any time, we may amend these terms of use including by modification, deletion and/or addition of any portion thereof. If we make a material amendment to these terms of use, we will notify you of such amendment by adding them to this page.
H.M.S. Fly reserves the right to change/update our policy and services, without liability. If you have any questions regarding H.M.S. Fly Terms of Use policy please contact us by e-mail info@hmsfly.com

H.M.S. FLY TERMS OF USE ARE IN EFFECT AS OF JANUARY 15th 2014.