Last updated: August 15, 2026
Flightcast Inc. ("Flightcast," "we," "us," "our") operates the website flightcast.com, the mobile and touch versions, and any sites that reference these Terms of Service (collectively, the "Site"). We provide podcast hosting and distribution services through the Site, as well as other related products and services (collectively, the "Services") subject to these terms of service (these "Terms of Service").
PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 17 BELOW ("DISPUTE RESOLUTION"), AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR USE OF THE SITE AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Flightcast, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the "Last updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Services after the date such revised Terms of Service are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
The information provided when using the Site and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site and Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA) or any other applicable law.
We are the owner or the licensee of all intellectual property rights in our Site and Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Site and Services (collectively, "Content"), as well as the trademarks, service marks, and logos contained therein ("Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Site and Services "AS IS" for your personal, non-commercial use only.
Subject to your compliance with these Terms of Service, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to:
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Terms of Service, no part of the Site and Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Site, Services, Content, or Marks other than as set out in this section or elsewhere in our Terms of Service, please address your request to: support@flightcast.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Site, Services, Content, or Marks, you must identify us as the owners or licensors of the Site, Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
Under no circumstances will you acquire any ownership rights or other interest in the Site, Services, Content, or Marks by or through your use thereof. We reserve all rights not expressly granted to you in and to the Site, Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Terms of Service and your right to use our Services will terminate immediately.
You Own Your Content: You retain all ownership rights to your podcast content and all other information and data that you provide in connection with, or that otherwise arises from, your use of the Site and Services, including all audio files, video files, artwork, metadata, descriptions, and any other materials you upload to the Services (collectively, "Your Content").
Limited License to Flightcast: To enable us to provide the Services, you hereby grant Flightcast a limited, non-exclusive, sublicensable, royalty-free, worldwide license to:
License Scope: This license is solely for the purpose of operating, maintaining, and improving the Services. We will not use Your Content for any other commercial purpose without your explicit permission. The license terminates when you delete Your Content or close your account, except for copies retained in backups (which are deleted within 90 days).
No Advertising in Your Content: We will not insert advertisements into Your Content without your explicit authorization through our dynamic ad insertion features.
Feedback and Suggestions: If you provide us with feedback, suggestions, or ideas about the Services ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, worldwide, sublicensable, and transferable right to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit such Feedback to improve the Services without compensation or attribution.
By using the Services, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site and Services (or any portion thereof).
To use the Services, you must register and create a user account ("Account") by providing all required information (which may include information such as, but not limited to, your first and last name, email address, phone number, and other contact information) in a complete and truthful manner. Failure to provide accurate Account information may result in unavailability of the Services.
You agree at all times to keep current and promptly update your Account information, including, but not limited to, your email address and other contact information, so that we can contact you as necessary. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services and/or suspension or termination of your Account.
You are responsible for keeping your login credentials confidential and secure. You agree to: (i) use a strong password and keep your password confidential and not share it with anyone else; (ii) not transfer any part of your Account to anyone else; and (iii) immediately notify us of any unauthorized use of your username, password, or Account. You agree to be fully responsible for all activities that occur under your Account.
You acknowledge and agree that we are authorized to act on instructions received through use of your username, password, and/or Account. You are solely responsible for all activity that occurs under your Account unless you close it or report misuse.
You can terminate your Account and stop using the Services at any time by:
We reserve the right to suspend or delete your Account without prior notice if we believe that you are in violation of these Terms of Service, your Account is inactive or is deemed, in our sole discretion, to be inappropriate, or if we believe your username, password, and/or Account are being used by someone other than you. Account suspension or deletion does not entitle you to any refund, compensation, or damages.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and Account information for all purchases made via the Services. You further agree to promptly update Account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
If you elect to distribute Your Content to Spotify, we may, upon notice to you (which we may give by any means, including via email or other notice sent or posted to or through your account), require that we collect on your behalf any and/or all resulting amounts owed to you by Spotify for Spotify Premium and/or advertising payouts ("Spotify Payouts"). In such case, you hereby authorize us to collect and receive from Spotify on your behalf any and all Spotify Payouts and to remit the full amount of such Spotify Payouts to you following our collection and receipt of the same (generally within seven (7) days). We will remit such amounts to a financial account or other payment method designated by you and acceptable to us, as determined in our sole discretion. You are solely responsible for ensuring that you have provided us with complete and accurate information for your financial account or other payment method to enable us to remit Spotify Payouts to you in accordance with this paragraph. Failure to provide us with complete and accurate information may result in delay, withholding, and/or suspension or cancellation of remittance of Spotify Payouts to you. Except to the extent caused by our fraud or willful misconduct, in no event will we have any liability whatsoever for any delay or failure to remit any Spotify Payouts to you. In addition, and notwithstanding any of the foregoing, we reserve the right, with or without notice to you, to withhold remittance of Spotify Payouts to you if we believe, in our sole discretion, that you have violated or are in violation of any of these Terms of Service, and/or to deduct or offset any amount of Spotify Payouts owed to you from or against any outstanding fees or other amounts payable by you to us.
For programmatic advertising demand sourced by Flightcast or its third-party demand partners ("Flightcast Programmatic Ads"), Publisher will receive ninety percent (90%) of Net Revenue and Flightcast will retain ten percent (10%) of Net Revenue as its platform fee. "Net Revenue" means amounts actually collected by Flightcast for Flightcast Programmatic Ads, less third-party marketplace, ad serving, data, and transaction fees, chargebacks, refunds, and taxes other than Flightcast's income taxes. Flightcast does not retain a platform fee from Spotify Payouts, publisher-direct advertising campaigns, or publisher-provided VAST tags unless separately agreed in writing. Flightcast may change its platform fee from time to time by providing advance notice to Publisher. Any revised fee will apply to Flightcast Programmatic Ads delivered on or after the effective date stated in the notice. Publisher may stop participating in Flightcast Programmatic Ads before the revised fee takes effect.
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.
All purchases are non-refundable. You can cancel your subscription at any time by logging into your Account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@flightcast.com.
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
You may not access or use the Site or Services for any purpose other than that for which we make the Site and Services available. The Site and Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
When you upload Your Content to the Services, you represent and warrant that:
While we have no obligation to monitor Your Content, we reserve the right to remove or refuse to host any of Your Content that violates these Terms of Service, is illegal, or is otherwise objectionable in our reasonable judgment. Violation of these warranties may also result in suspension or termination of your Account and potential legal action.
To the extent Your Content includes Personal Information, such Personal Information will be processed when we provide the Services in accordance with our Privacy Policy, available here: flightcast.com/privacy-policy.
We respect the intellectual property rights of others. If you believe that any Content on the Services infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing:
Send DMCA notices to: support@flightcast.com
We will process valid DMCA takedown notices in accordance with the DMCA and may remove or disable access to allegedly infringing content. We may also terminate accounts of repeat infringers.
If you believe that a notice of copyright infringement has been wrongfully submitted against you, you may send a counter-notice to support@flightcast.com. The counter-notice should contain the following information:
Upon receipt of a valid counter-notice, we will promptly forward a copy to the complainant who submitted the notice of infringement. If the complainant does not notify us within ten (10) business days that he or she has filed a legal action relating to the allegedly infringing material, we will restore the material to our Site and/or Services within 10-14 business days.
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:
We may accept, reject, or remove reviews in our sole discretion. We have no obligation to screen or monitor reviews. Reviews are not endorsed by us and do not represent our opinions or the views of our affiliates or partners. We assume no liability for any review. By posting a review, you grant us a perpetual, irrevocable, sublicensable, transferable license to display your review on the Services for the purpose of operating the review functionality.
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.
By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account on the Services and your Third-Party Accounts at any time. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR YOUR USE OF ANY THIRD-PARTY CONTENT OR SERVICES OR FOR THE CONDUCT OF, OR INTERACTIONS YOU MAY HAVE WITH, ANY THIRD-PARTY PROVIDER OF THE SAME. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
Our Services use YouTube API Services. By using features of our Services that interact with YouTube (including but not limited to connecting your YouTube channel, publishing videos, syncing analytics, and managing playlists), you are agreeing to be bound by the YouTube Terms of Service. Please review the Google Privacy Policy to understand how Google handles your data.
You may revoke Flightcast's access to your YouTube data at any time by visiting Google's security settings page. You may also disconnect your YouTube account from Flightcast at any time through your podcast settings within the Services.
We reserve the right, but not the obligation, to:
We care about data privacy and security. Please review our Privacy Policy: flightcast.com/privacy-policy. By using the Services, you consent to the data collection and use practices as described in our Privacy Policy, including consent to the collection and use of Tracking Technologies (as defined in the Privacy Policy) on the Site as further described in the Privacy Policy. Your acceptance and consent to our use of Tracking Technologies includes your ratification of our use of such technologies in the processes related to loading and executing code within your access device or web browser.
Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
These Terms of Service shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
To ensure the best possible service level, we reserve the right to interrupt the Services for maintenance, system updates, or other changes. We will use commercially reasonable efforts to inform users appropriately when possible.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. Additionally, the Services might not be available due to reasons outside our reasonable control, such as force majeure events (e.g., infrastructure failures, labor actions, natural disasters).
You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms of Service obligates us to maintain and support the Services or to supply any corrections, updates, or releases.
These Terms of Service and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles. Subject to the Dispute Resolution section below, if for any reason a Dispute (as defined below) proceeds in court, you and Flightcast agree that any such Dispute shall be commenced or prosecuted only in the state or federal courts located in Los Angeles County, California, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Service. You expressly and unconditionally waive the requirements for service of process abroad provided under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the "Hague Service Convention"). These Terms of Service have been prepared in the English language, which will govern the interpretation of, and any dispute regarding, these Terms of Service.
Before initiating any legal action, you agree to contact us to try to resolve disputes amicably. You may submit complaints to support@flightcast.com including a brief description and, if applicable, details of your order, purchase, or account.
We will process complaints without undue delay and will respond within 21 days of receiving your complaint.
You agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Site or Services (collectively, "Disputes") will be resolved exclusively by final, binding arbitration between you and Flightcast, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or where a party's conduct may cause the other irreparable injury. The provisions of this Section 17 constitute the parties' written agreement to arbitrate Disputes under the Federal Arbitration Act.
The arbitration shall be administered by the Judicial Arbitration & Mediation Services ("JAMS") and shall be heard by a single arbitrator, pursuant to the Arbitration Rules and Procedures then in effect (the "JAMS Rules"), except as modified by this Section 17.
To begin an arbitration proceeding, a party must submit the Dispute by making a demand for arbitration, as detailed at jamsadr.com, and simultaneously send a copy of the completed demand to the other party. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS rules. The arbitration will be conducted based upon written submissions, unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines that an in-person hearing is necessary, the hearing will proceed in Cook County, Illinois, unless the arbitrator determines or Flightcast agrees that the matter should proceed in the county where you reside.
The arbitrator will apply and be bound by these Terms of Service, apply applicable law and the facts, and issue a reasoned award within the time frame specified in the JAMS Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of Section 20 ("Limitations of Liability") as to the types and the amounts of damages for which a party may be held liable. You and Flightcast also agree that the arbitrator may not award multiple or punitive damages. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.
EACH PARTY AGREES THAT IT SHALL BRING ANY DISPUTE AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR AS AN ASSOCIATION. IN ADDITION, EACH PARTY AGREES THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
If you reside in, or are entity organized under the laws of, any non-U.S. jurisdiction, then any claim or controversy arising out of or relating to these Terms of Service may also be resolved under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. The seat of arbitration shall be in New York, New York. The language to be used in the arbitral proceedings shall be English.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
THE SITE AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR EQUITY HOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective equity holders, officers, directors, contractors, agents, partners, and employees, from and against any claim, demand, action, or proceeding made by any third party, and all resulting losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees), due to or arising out of:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site or Services for the purpose of managing the performance of the Site and Services, as well as data relating to your use of the Site or Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site or Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Site or Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
CERTAIN FEATURES OF THE SITE AND SERVICES RELY ON ARTIFICIAL INTELLIGENCE ("AI"). YOU HEREBY ACKNOWLEDGE AND AGREE THAT WHEN YOU INTERACT WITH THESE FEATURES ("AI FEATURES"), YOU ARE INTERACTING WITH AI AND NOT A HUMAN AND YOU UNDERSTAND THE OUTPUT GENERATED BY AI MAY, IN GENERAL, BE PRONE TO ERRORS OR PROVIDE INACCURATE OR NON-RELEVANT OUTPUT. FLIGHTCAST DOES NOT REPRESENT OR WARRANT THAT THE AI FEATURES' OUTPUT WILL BE ACCURATE, ERROR-FREE, OR ADDRESS ALL OR ANY OF YOUR REQUIREMENTS OR EXPECTATIONS CONSIDERED IN YOUR DECISION TO ENGAGE WITH THE SITE OR SERVICES, AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE OUTPUT GENERATED BY THE AI FEATURES IN CONNECTION WITH YOUR SPECIFIC ENGAGEMENT WITH THE SITE OR SERVICES. WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN AI FEATURES THAT PERFORM MATERIALLY IN ACCORDANCE WITH THE DOCUMENTATION FOR THE SERVICES. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE AI FEATURES COMPLY WITH YOUR ASSESSMENT OF YOUR RISKS, OBJECTIVES, LEGAL COMPLIANCE REQUIREMENTS, AND ANY OTHER OBLIGATIONS RELATED TO THE USE OF AI AND THAT FLIGHTCAST IS NOT RESPONSIBLE FOR YOUR RELIANCE ON THE AI FEATURES.
YOU HEREBY WAIVE ALL CAUSES OF ACTION, CLAIMS, AND/OR POTENTIAL CLAIMS AGAINST FLIGHTCAST THAT MAY ARISE FROM YOUR USE OF OR RELIANCE ON ANY AI FEATURES.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Services without our express prior written permission.
We reserve the right to transfer, assign, or subcontract any or all rights or obligations under these Terms of Service, taking your legitimate interests into account.
You may not assign or transfer your rights or obligations under these Terms of Service without our written permission.
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.
For European Consumers: If any provision is void, invalid, or unenforceable, the parties shall attempt to find an agreement on valid and enforceable provisions to substitute it. If that fails, void provisions shall be replaced by applicable statutory provisions if permitted by law.
These Terms of Service and any policies or operating rules posted by us on the Site or Services constitute the entire agreement and understanding between you and us regarding the Site and Services.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including natural disasters, labor disputes, infrastructure failures, or government actions.
You hereby waive any defenses you may have based on the electronic form of these Terms of Service and the lack of physical signing by the parties.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Flightcast Inc.
8581 Santa Monica Blvd #174
Los Angeles CA, 90069
United States
Email: support@flightcast.com
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