Yorescape Privacy Policy | EULA | Terms of Use | CA Privacy Policy

Flyover Zone, Privacy Statement

Latest date of issue: October 21, 2022

 

This Privacy Policy (“Privacy Policy”) is between the Frischer Consulting, Inc. d/b/a Flyover Zone (“Flyover Zone,” “we” or “us”) and you, an individual user (“You”). The Yorescape app, our Virtual Museum, the Flyover Zone website located at and Flyover Zone’s other affiliated websites, subdomains, mobile versions and any associated applications are referred to in this Privacy Policy as the “App.”

 

Flyover Zone understands that the collection of Personal Information involves a great deal of trust on your part. We take this trust very seriously and make it our highest priority to ensure the security and confidentiality of the Personal Information You provide to us. Please read the following Privacy Policy carefully to learn about our privacy practices. Capitalized terms not defined in this Privacy Policy have the meanings set forth in the Flyover Zone End User License Agreement.

 

By using and/or registering on the App, You accept the practices described below:

 

Minors

 

If you are under the age of eighteen (18), you are not authorized to access or use the App without the consent of a parent or legal guardian. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

 

Purpose    

 

Flyover Zone provides this Privacy Policy to describe our procedures regarding the collection, processing, use and disclosure of Personal Information that we collect or receive from You and users of the App in connection with our virtual tourism services (the “Services”).

 

Personal data [HKM1] [TNT2] has the meaning given by article 4 of The General Data Protection Regulation, i.e. any information relating to an identified or identifiable person (“Personal Information”). The data controller (i.e. the legal person responsible for the purpose and content of the data file) is Flyover Zone, a company based at 885 S. College Mall Road, #347, Bloomington, IN, USA 47401.

 

Acceptance of the Policy

 

Flyover Zone reserves the right to make any changes to the Privacy Policy as it deems necessary or desirable. Users will be informed of the new Privacy Policy by e-mail or notification, but it is your responsibility to regularly check this Privacy Policy to be informed of any changes. Your continued use of the App after any such changes or after explicitly accepting the new Privacy Policy upon using the App shall constitute your consent to such changes.

 

International Transfers

 

By using and/or registering on the App, You acknowledge and agree that Personal Information You submit to Flyover Zone will be hosted by Flyover Zone or a third-party of its choice for an indefinite period of time.

 

You hereby agree that your Personal Information may be transferred to countries and maintained on computers located in countries where the privacy laws offer a similar level of protection as those applicable in United States. In the event of international transfer of your Personal Information, Flyover Zone will take the necessary safety measures to protect them, including the standard contractual rules approved by the European Commission.

 

Your submission of Personal Information and your explicit consent to such international transfer represent your agreement to such international transfers and hosting abroad as specified above.

 

Type of Personal Information Collected

 

The main reason we collect Personal Information about You is to improve the App features and content, to administer your user account, to identify your needs and target the Services, to enable You to enjoy and easily navigate the App and benefit from the Services. Flyover Zone uses Personal Information mainly for the purpose of improving the user experience and the App and targeting the Services to your needs.

 

Your consent to this Privacy Policy followed by your submission of Personal Information represent your agreement to the collection, processing and storage of Personal Information by Flyover Zone as described in this Privacy Policy.

 

When You register through the App, create or edit your user account and use the App we will collect, process and store your Personal Information. We may collect the Personal Information that You provide as part of registration and personalization of your user account, or Personal Information that You provide us by using the App.

 

Flyover Zone may collect the following Personal Information:

 

  • contact information, such as name, surname, company, address, country, email address;
  • site registration credentials, such as login and password;
  • computer information, such as IP address, operating system, type of device, browser, login dates;
  • user preferences, such as areas of interest, newsletters, community choices and other information You select in the user profile when registering on the App or indicated by your use of the App;
  • usage interaction information, such as scrolling, clicks, and mouse-overs, and methods used to browse away from the App;
  • expressed preferences, such as communications, including, but not limited to, SMS messaging (separate rates may apply from your carrier) and language settings; and
  • communications[TNT3] , such as emails and messages with Flyover Zone.

 

When You use the App on a mobile device, we automatically collect information on the type of device You use, operating system version, and the device identifier.

 

Other Personal Information collected may be described in other sections of this Privacy Policy or by dedicated explanation text contextually with the Personal Information collection. The Personal Information will be freely provided by You or collected automatically when using the App. In addition to the information contained in this Privacy Policy, the App may provide users with additional and contextual information concerning particular Services or the collection and processing of Personal Information upon request.

 

We may supplement information You provide with information received from third-parties.

Personal Information transmitted to Flyover Zone by You may be hosted by Flyover Zone or a third-party of our choice subject to the same privacy obligations.

 

We use your Personal Information for the following general purposes:

  • to fulfill your requests for the Services;
  • to provide and improve the App and/or the Services;
  • to conduct research and compile statistics on usage patterns;
  • to provide anonymous aggregate reporting for internal and external partners;
  • to manage your user account;
  • to communicate with You in general;
  • to respond to your questions and comments;
  • to notify You about promotional offers and Services that may be of interest to You; or
  • to send You Flyover Zone’s newsletter, unless You unsubscribe

 

 to prevent potentially prohibited or illegal activities;

  • to enforce the End User License Agreement or other Flyover Zone agreements;
  • to ensure the security of the App;
  • to access to third-party services if You connect your account with such third-party services;
  • to comply with legal requirements; or
  • as otherwise described to You at the point of collection.

 

Flyover Zone may use your Personal Information for its own commercial, promotional or marketing purposes. However, we do not sell your Personal Information.

 

Your Personal Information may be accessed and stored as necessary for the uses stated above in accordance with this Privacy Policy. While Flyover Zone may share your Personal Information with agents and contractors in order to perform the functions listed above, including hosting services and App management, we require that they treat your Personal Information, and limit their use, in accordance with the standards specified in this Privacy Policy. Flyover Zone may transfer your Personal Information to a third-party for hosting or processing purposes only.

 

Flyover Zone may transfer and share your Personal Information with affiliated companies as well as with our suppliers.

 

When You use the App, You submit information to Flyover Zone that we store in order to offer You personalized features.

 

Electronic Communications Protocols

 

In addition to the information specified above, Flyover Zone may collect information about your use of the App through electronic communications protocols. As is true when You visit most Apps, Flyover Zone may automatically receive information from You as part of the communication connection itself, which often consists of network routing information (where You came from), equipment information (browser type), referring App and date and time. Collecting this automatic information helps us customize your experience as a user. It allows us to monitor and analyze use of the App and to increase the App’s functionality and user-friendliness.

 

Flyover Zone may re-associate the information provided by the technologies described above with your Personal Information.

 

System Logs and Maintenance

 

For operation and maintenance purposes, Flyover Zone and any third-party service providers may collect files that record interaction with the App (system logs) or use for this purpose other Personal Information (such as IP Address).

 

Google Analytics

 

We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports, using Google Analytics. This is statistical data about our users’ browsing actions and patterns  and does not identify any individual. Google Analytics is a web analytics tool that helps App owners understand how visitors engage with their App. Google Analytics customers can view a variety of reports about how visitors interact with their App so that they can improve it.  Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our App. We then use the information to compile reports and to help us improve the App. Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the App before and what site referred the visitor to the web page. Google Analytics collects information anonymously. It reports App trends without identifying individual visitors. You can opt out of Google Analytics without affecting how You visit our site – for more information on opting out of being tracked by Google Analytics across all Apps You use, visit this page https://tools.google.com/dlpage/gaoptout.

 

Cookies

 

Like many other online services, the App uses “cookies” to collect information. Cookies are small pieces of data that a website asks your browser to store on your computer or mobile device. Cookies contain an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies do not typically contain any information that personally identifies a user, but Personal Information that we store about You may be linked to the information stored in and obtained from cookies.

 

Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.

 

Cookies may be either “persistent” cookies or “session” cookies.

 

Sessions cookies will be erased when You close your browser, whereas “persistent” cookies will remain on your computer/device/web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date.

 

We use both session and persistent cookies on the App.

 

The names of the cookies that we use on our App, and the purposes for which they are used, are set out in the table below.

 

Name

Type

Usage

Drupal.tableDrag.showWeight

Persistent

Used in order to store user interface preferences

SSESS[hash]

Note: the hash after SSESS will change each time the cookie is renewed

Session

This cookie is created when a user authenticates, in order to keep him logged in to the site and avoid that he has to constantly re-enter his username and password

_ga

Persistent

This cookie is used by Google Analytics to distinguish users

_gat

Persistent

This cookie is used by Google Analytics to throttle request rate

_gid

Persistent

This cookie is used by Google Analytics to distinguish users

has_js

Session

This cookie is used to check if the browser accepts JavaScript

opigno_quiz_app_fs

Session

Used to handle the scoring of quizzes

 

We use session cookies to enable certain features of the App, to better understand how You interact with the App and to monitor aggregate usage by users. We will use session cookies for identifying your language settings of your device, the promotional offers You subscribed to.

 

Please note that You can always control cookies by enabling your web browser to block cookies. However, if You block cookies You may not be able to use all portions of the App or all functionality of the Services.

 

You can delete all cookies that are already on your computer and You can set most browsers to prevent them from being placed. If You do this, however, You may have to manually adjust some preferences every time You visit a site and some Services and functionalities may not work.

 

Social networks

 

Functionalities (called plugins) of different social networks operated by third-party providers (Facebook, Twitter, Google+) are integrated on the App and allow You to connect your accounts with the App. These plugins allow users to share content on social networks. Should You connect your social network account(s) with the App, Personal Information may be communicated to the third-party providers. You understand and agree that Flyover Zone has no control over the transmission of Personal Information to the third-party providers and accept that your Personal Information will be processed by these third-party providers. Please refer to the privacy policies of these third-party services before connecting your social network accounts with the App.

 

Public profile

 

By registering on the App, You accept that Personal Information such as your profile picture and username will be published and displayed on the App and be publicly available. Flyover Zone shall not be responsible for any reproduction, use or referencing (by search engines) of your Personal Information made publicly available on the App.  You shall not collect, web scrap or use in any way for your own profit information made publicly available on profiles, unless You are expressly entitled to do so by Flyover Zone.

 

Security

 

The security of your Personal Information is very important to us. Flyover Zone processes your Personal Information in a proper manner and shall take appropriate technical and organizational measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of your Personal Information.

 

The Personal Information processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to Flyover Zone, in some cases, the Personal Information may be accessible to certain types of persons in charge, involved with the operation of the App (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as data processors by Flyover Zone. The updated list of these parties may be requested from the us at any time.

 

In the event that your Personal Information is unduly accessed, or is reasonably believed to have been unduly accessed, by an unauthorized person and applicable law requires notification, Flyover Zone will promptly notify You of the breach by email, fax, or mail.

 

YOU ACKNOWLEDGE THAT THE USE OF THE INTERNET IS NOT SAFE AND THAT THERE ARE CERTAIN INHERENT RISKS TO YOUR PERSONAL INFORMATION. FLYOVER ZONE SHALL MAKE REASONABLE EFFORTS TO PROTECT YOUR PERSONAL INFORMATION,  BUT IT CANNOT GUARANTEE OR WARRANT THAT PERSONAL INFORMATION YOU PROVIDE TO FLYOVER ZONE IS SAFE AND PROTECTED FROM UNAUTHORIZED THIRD-PARTY ACCESS AND THEFT AND, THEREFORE, WAIVES ALL LIABILITY IN THIS RESPECT. IN NO EVENT, SHALL FLYOVER ZONE BE HELD LIABLE FOR CIRCUMVENTION OF ANY PRIVACY SETTINGS, VIRUSES OR SECURITY MEASURES CONTAINED ON THE SITE.

 

Right to Access your Personal Information

 

You may at any time, request access to your Personal Information collected by Flyover Zone, request that inaccurate information be amended, or that the collected Personal Information be erased.

 

Such request for access must be sent by registered letter with a copy of your ID to: Flyover Zone, 855 S. College Mall Road, #347, Bloomington, IN, USA 47401. [TNT4] 

 

How to Delete Your Personal Information

 

 In accordance with applicable law, You may have the right to:

  • access to the Personal Information that we hold about you;
  • request that we correct, amend or update their Personal Information; and
  • request that we stop using their Personal Information for marketing purposes and, in certain circumstances, that we stop using their Personal Information altogether.

 

If You would like us to delete, correct, amend or update your Personal Information in our system, please let us know by e-mail at the following address contact@flyoverzone.com and we will attempt to accommodate your request if we do not have any legal obligation to retain the record.

 

Please note that any information that we have copied may remain in back-up storage for some period of time after your deletion request. This may be the case even though no Personal Information about your user account remains in our active users’ databases. Please note that Personal Information posted on third-party services, such as social networks, are not located on our servers and will, therefore, not be deleted from the internet by Flyover Zone.

 

Links

 

If any part of the App contains links to third-party’s websites or pages, those third-party’s websites or pages do not operate under this Privacy Policy. If You choose to visit third-party websites or pages, You will be directed to these third-party’s websites or pages. We do not exercise control over third-party websites and therefore recommend that You examine the privacy statements posted on these other websites or pages to understand their procedures for collecting, using, and disclosing Personal Information.

 

Compliance with Laws and Law Enforcement

 

If we are legally obliged to do so, Flyover Zone cooperates with government and law enforcement officials and private parties to enforce and comply with the law. In such event, we will disclose any Personal Information about You to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to comply with our legal obligations, respond to claims and legal actions (including but not limited to subpoenas), to protect the property and rights of Flyover Zone or a third-party, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable.

 

For compliance, please contact: contact@flyoverzone.com 

 

Business Transfers

 

Flyover Zone may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy or insolvency event. Your consent to this Privacy Policy followed by your submission of Personal Information represent your explicit agreement to that transfer.

 

Jurisdiction and Applicable Law

 

This Privacy Policy and all matters arising out of or relating to it shall be governed by the substantive laws of the State of New York (USA), without regard to principle of conflicts of laws thereof.

 

Any controversy, claim or dispute between a user and Flyover Zone arising out of or relating to this Privacy Policy shall be subject to the exclusive jurisdiction of the courts located in New York County, New York (USA).

 

Contacting us

 

Should You have any questions about this Privacy Policy, please contact us at: contact@flyoverzone.com  or Flyover Zone, 885 S. College Mall Road, #347, Bloomington, IN, USA 47401

 

Copyright © 2022. Frischer Consulting, Inc. All Rights Reserved.


Flyover Zone End User License Agreement

Flyover Zone End User License Agreement

This End User License Agreement (“EULA”) is between Frischer Consulting, Inc. d/b/a Flyover Zone (“Flyover Zone,” “we” or “us”) and you, an individual user (“You”). The Yorescape app, our Virtual Museum, the Flyover Zone website located at <www.flyoverzone.com> and Flyover Zone’s other affiliated Apps, subdomains, mobile versions and any associated applications are referred to in this license as the “App.”

 

1.              Minors. If You are under the age of eighteen (18), You are not authorized to access or use the App without the consent of a parent or legal guardian. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

 

2.              Privacy Notice. Your privacy is important to Flyover Zone. Flyover Zone’s Privacy Policy is at this moment incorporated into this EULA by reference. Please read the Privacy Policy carefully for information relating to Flyover Zone’s collection, use, and disclosure of your personal information.

 

3.              Account Information. If you register with us, or otherwise provide user information, you must complete the registration process by providing us with complete and accurate account information. You grant to us and to all other persons and entities involved in the operation of the App the right to use, store, monitor, retrieve and transmit your account information in connection with the operation of the App and as otherwise provided herein. Our information collection and use policies with respect to the privacy of your account information are set forth in our Privacy Policy, which is incorporated into these Terms by reference for all purposes. You acknowledge, consent, and agree that Flyover Zone may access, preserve and disclose your account information and User Content if required to do so by law or in a good-faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to any claim that User Content violates the rights of third parties; (d) provide certain customized features of the App to you, if any; (e) respond if you contact Flyover Zone for any reason; or (f) protect the rights, property, or personal safety of Flyover Zone, its other users, and the public. 

 

4.              Password. If you register with us, you may be asked to provide a password. As you will be responsible for all activities that occur under your account, you should keep your password confidential. The App may implement technology that enables us to recognize you as the account holder and provide you with direct access to your account when you revisit the App. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to accept responsibility for all activities that occur under your account or password. Where possible, users of public or shared devices should log out at the completion of each visit. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your email address or password), you shall immediately notify Flyover Zone. Then, you should report this incident to all of your card issuers, as well as your local law enforcement agency. YOU ARE SOLELY LIABLE FOR LOSSES INCURRED BY YOU, FLYOVER ZONE OR OTHERS DUE TO ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

 

5.              Ownership; Proprietary Rights. The App, including all content, visual interfaces, interactive features, audio, video, digital content, information, text, graphics, design, compilation, computer code, products, software, services, proprietary information, copyrights, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel,” arrangement of items, and all other elements of the App that are provided by Flyover Zone (“Flyover Zone Materials”) are owned and/or licensed by Flyover Zone and are legally protected, without limitation, under U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties.  Flyover Zone Materials do not include Third-Party Materials (as defined below). Except as expressly authorized by Flyover Zone, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, reverse engineer or disassemble any software or otherwise make unauthorized use of the App or Flyover Zone Materials. Flyover Zone reserves all rights not expressly granted in this EULA. You shall not acquire any right, title or interest to the Flyover Zone Materials, except for the limited rights expressly set forth in this EULA.

 

6.              Scope of License. This license granted to You by Flyover Zone for this App is limited to a non-transferable license to use the App on the PlayFab platform as permitted by Your Account and Use of the PlayFab services as set forth in Section 2 of the PlayFab Terms of Service (the “Usage Rules”). You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App). Any attempt to do so is a violation of the rights of Flyover Zone. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Flyover Zone that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. 

 

7.              Services. The App will allow You to access virtual tours taking You across space and back in time to see the world’s great cultural heritage sites (the “Services”). Use of the Services may require Internet access and that You accept additional terms of service. You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at your sole risk and that the Flyover Zone shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

 

8.              User Content.

a.              General. The App may now or in the future permit You and other users to post or link media, text, ideas, questions, audio and video recordings, photos, graphics, commentary or other information or content (“User Content”), and to host and/or share such User Content. Flyover Zone makes no representations that your User Content will remain available via the App in any way. We may remove your User Content at our sole discretion. YOU UNDERSTAND THAT ANY USER CONTENT THAT YOU POST FOR VIEWING ON THE APP IS MADE PUBLICLY AVAILABLE TO USERS OF THE APP, AND FLYOVER ZONE DOES NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY SUCH USER CONTENT, NOR DOES IT GUARANTEE THAT YOUR INTELLECTUAL OR PROPRIETARY RIGHTS IN SUCH USER CONTENT WILL NOT BE INFRINGED OR MISAPPROPRIATED.

 

b.              Grant of Rights. By submitting User Content to Flyover Zone, You hereby grant Flyover Zone a worldwide, non-exclusive, fully paid-up, royalty-free, transferable license, with the right to grant and authorize sublicenses, to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the App and Flyover Zone’s (and its successors’, transferees’, sublicensees’ and their respective affiliates’) business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) in any media formats and through any media channels or through merchandising. You grant Flyover Zone, transferees and sublicensees (and their respective affiliates) the right to use the name that You submit in connection with such User Content if they choose. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You also hereby grant to each User of the App a non-exclusive license to access your User Content through the App, and to use, reproduce, distribute, modify, adapt, translate, prepare derivative works of, display, and perform such User Content as permitted by the functionality of the App and these Terms. You understand and agree, however, that even following such termination, Flyover Zone may retain, but not display or perform, server copies of such User Content.  Notwithstanding anything to the contrary herein, the above licenses granted by You in user comments You submit are perpetual and irrevocable.

 

c.              Your Representations and Warranties Including Regarding User Content. You shall be solely responsible for your own User Content and the consequences of posting such User Content. In connection with User Content, You affirm, represent, and/or warrant that: (i) your User Content is not confidential or secret, (ii) You own, or have the necessary licenses, rights, consents, and permissions to use and authorize Flyover Zone to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Content to enable inclusion and use of User Content in the manner contemplated by Flyover Zone and these Terms, and to grant the rights and licenses set forth in this Section, and (iii) your User Content, Flyover Zone’s use of such User Content pursuant to these Terms, and Flyover Zone’s exercise of the license rights set forth in this Section, do not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) violate any applicable law or regulation, (iv) You have no expectation of compensation or confidentiality of any nature with respect to your User Content and we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to your User Content; and (v) You shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the App, your User Content or its posting on, or submission to, the App, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by You. For the avoidance of doubt, You undertake and agree to: (1) fully comply with all applicable laws and any other contractual terms that govern your use of the App (and any related interaction or transaction), including those specific laws applicable to You or any of your end users in any of your geographical locations; (2) Flyover Zone having the sole discretion as to the means, manner, and method for performing the Services, including those regarding any hosting, transmission, publication and/or display of any platforms and/or content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto); (3) regularly and independently save any of your User Content and the information that is being processed by You regarding your platform(s), including with respect to end users, products, and any applications and/or third party services used by You; (4) Flyover Zone having the right to offer the Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of content, quality and/or format of content, sources of content, volume of download time, number of subscribers to your content, etc.; (5) allow Flyover Zone to use in perpetuity, worldwide and free of charge, any version of your platform(s) (or any part thereof) for any of Flyover Zone’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and You waive any claims against Flyover Zone or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that You may have in or to your platform with respect to such limited permitted uses; (6) be solely responsible and liable with respect to any of the uses of the Services that occur under your account and/or platform(s) and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Services); and (7) receive from time to time promotional messages and materials from Flyover Zone or its partners, by mail, e-mail or any other contact form You may provide us with (including your phone number for calls or text messages). If You wish not to receive such promotional materials or notices – please just notify us at any time.

 

d.              Prohibited Uses of User Content. Except as otherwise permitted by these Terms, in connection with your User Content, You further agree that You will not publish, post, submit, transmit through or otherwise make available to the App: (i) any falsehoods or misrepresentations that could damage Flyover Zone or any third-party; (ii) any material which is unlawful, defamatory, libelous, slanderous, pornographic, obscene, abusive, profane, vulgar, sexually explicit, threatening, harassing, harmful, hateful, racially or ethnically offensive or otherwise objectionable, creates a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal or which encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iii) advertisements or solicitations of business, products, or services; or (iv) any material that would be harmful to minors in any manner.

 

e.              No Responsibility for User Content. With the exception of the limited license granted above, we do not obtain or control any rights in, and do not exert editorial control over, User Content. Nothing herein obligates us to verify, and we have not necessarily verified, the representations and warranties made by Users with respect to such User Content.

 

9.              Third-Party Materials. Certain Services may display, include or make available content, data, information, applications or materials from third-parties (“Third-Party Materials”) or provide links to certain third-party Apps. By using the Services, You acknowledge and agree that Flyover Zone is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or Apps. Flyover Zone does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third-Party Materials or Apps, or for any other materials, products, or services of third-parties. Third-Party Materials and links to other Apps are provided solely as a convenience to You. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Flyover Zone, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services. You agree that any Services containing proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Flyover Zone is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services. In addition, third-party services and Third-Party Materials that may be accessed from, displayed on or linked to from your phone or other electronic device are not available in all languages or in all countries. Flyover Zone makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Flyover Zone Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Flyover Zone, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Flyover Zone be liable for the removal of or disabling of access to any such Services. Flyover Zone may also impose limits on the use of or access to certain Services, in any case and without notice or liability. 

 

10.           Consent to Use of Data. You agree that the Flyover Zone, and those authorized by the Flyover Zone, may use any content that You submit through the App for educational, promotional, and other standard museum uses (including but not limited to archives, exhibition, fundraising, promotions, publications, and scholarship), but that the Flyover Zone is under no obligation to use or retain anything You submit. You further agree that Flyover Zone may collect and use technical data and related information, including but not limited to, technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the App. Flyover Zone may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You. 

 

11.           Maintenance and Support. The App is provided “AS IS” and no maintenance and support services will be provided by Flyover Zone. 

 

12.           Termination. This EULA is effective until terminated by You or Flyover Zone. Your rights under this EULA will terminate automatically without notice from the Flyover Zone if You fail to comply with any term(s) of this EULA. Upon termination of the EULA, You shall cease all use of the App, and destroy all copies, full or partial, of the App. 

 

13.           Feedback. You agree that with respect to any contest entries, feedback, analysis, suggestions and comments to Flyover Zone provided by You (collectively, “Feedback”), IN CONSIDERATION OF FLYOVER ZONE PROVIDING ACCESS TO THE APP FREE OF CHARGE, YOU HEREBY GRANT TO FLYOVER ZONE THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO YOU. You represent and warrant that You have the right to make the foregoing grant to Flyover Zone and that any Feedback which is provided by You to Flyover Zone does not infringe any third-party intellectual property or any other rights. Notwithstanding the foregoing, Flyover Zone grants to You a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.

 

14.           INDEMNIFICATION; HOLD HARMLESSYOU AGREE TO INDEMNIFY AND HOLD HARMLESS FLYOVER ZONE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE APP OR NON-FLYOVER ZONE CONTENT; (II) YOUR USER CONTENT, INCLUDING FLYOVER ZONE’S USE, DISPLAY OR OTHER EXERCISE OF ITS LICENSE RIGHTS GRANTED HEREIN WITH RESPECT TO YOUR USER CONTENT; (III) YOUR VIOLATION OF THESE TERMS; (IV) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING CLAIMS THAT ANY USER CONTENT INFRINGES OR VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; (V) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (VI) ANY UNAUTHORIZED USE OF YOUR ACCOUNT. FLYOVER ZONE RESERVES 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 WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF FLYOVER ZONE. FLYOVER ZONE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.

 

15.           DISCLAIMERS; NO WARRANTIES.

a.              ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 15, AND SECTIONS 16 AND 17 BELOW, THE TERM “FLYOVER ZONE” INCLUDES EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.

 

b.              NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FLYOVER ZONE DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLYOVER ZONE OR THROUGH THE APP, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

 

c.               “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE APP IS AT YOUR SOLE RISK. THE APP, FLYOVER ZONE MATERIALS, USER CONTENT AND NON-FLYOVER ZONE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

d.              APP OPERATION AND NON-FLYOVER ZONE CONTENT. FLYOVER ZONE DOES NOT WARRANT THAT THE FLYOVER ZONE MATERIALS, USER CONTENT, NON-FLYOVER ZONE CONTENT, APP, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE APP WILL BE UNINTERRUPTED, OR FREE OF ERRORS, HACKING, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

 

e.              LOSS OF CONTENT AND DATA. If your account or any Services are cancelled (whether at your request or at Flyover Zone’s discretion, including, but not limited to, if You or Flyover Zone decommissions your account for any reason or if You fail to timely make any required payment), it may cause or result in the loss of certain content, features, or capacity of your account, including any User Content or other usage data retained therein (“Content Loss”). Flyover Zone shall not be liable in any way for such Content Loss, if any, or for saving a backup of your account or User Content. Please also note that additional fees may apply to the reactivation of an account and/or any Flyover Zone Services following their cancellation, as determined by Flyover Zone in its sole discretion.

 

f.                ACCURACY. FLYOVER ZONE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

g.               HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE APP (INCLUDING RSS FEEDS) IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA.

 

h.               FLYOVER ZONE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING FLYOVER ZONE READY DEVICES OR THE COMPATIILITY OF THE DEVICE WITH OUR SERVICE. Additional disclaimers or limitations of liability may be contained in the various software end license agreements You have agreed to by using our service.

 

16.  LIMITATION OF LIABILITY AND DAMAGES.

a.               LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FLYOVER ZONE OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE FLYOVER ZONE MATERIALS AND USER CONTENT ON THE APP, THE APP ITSELF, OR ANY OTHER INTERACTIONS WITH FLYOVER ZONE, EVEN IF FLYOVER ZONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

b.               LIMITATION OF DAMAGES. IN NO EVENT SHALL FLYOVER ZONE OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS (USD $100).

 

17.  LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.

a.               LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

 

b.               BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT FLYOVER ZONE HAS OFFERED ITS CONTENT AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FLYOVER ZONE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FLYOVER ZONE. YOU ACKNOWLEDGE AND AGREE THAT FLYOVER ZONE WOULD NOT BE ABLE TO PROVIDE THE APP TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

 

18.           Subscriptions for individuals. If you choose to purchase a one year subscription, payment will be charged to your iTunes or Google Play account within Twenty-Four (24) hours prior to the end of the current period. You will have access to the Services for one year. No refunds are available. If you cancel your subscription, you will have access to the Services for the time remaining in your one year subscription. Notwithstanding, Flyover Zone reserves the right to grant refunds in very limited situations in its sole discretion.

 

19.           Discontinuation of the Services. We may, in our sole discretion and without liability to you, with or without prior notice and at any time, discontinue the Services, temporarily or permanently. For individual subscribers, a prorated refund will be issued based on the time remaining in your subscription within Sixty (60) Days of our notice to discontinue the Services.

 

20.           Enterprise subscribers. For refunds and discontinuations, please refer to your individual sales contracts.

 

21.           Export. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. 

 

22.           Government Users: The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. 

 

23.           Digital Millennium Copyright Act Compliance.

 

a.              Infringement Claims. If You are a copyright owner or an agent thereof, and believe that any content infringes upon your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail).(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the App and that is to be removed or access to which is to be disabled, including the link or URL for all such material on the App;(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;(v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Our designated Copyright Agent to receive notifications of claimed infringement is:


Flyover Zone

855 S. College Mall Road, #347

Bloomington, IN, 47401

contact@flyoverzone.com

 

FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC INFORMATION ABOUT WHERE INFRINGING CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.

 

a.     Notice and Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below.

 

We may, at our discretion, deny access to the App by, or disable and/or terminate the accounts of, Users who may be infringers.

 

b.     Copyright Counter-Notices. If content You posted on the App was removed for copyright or intellectual property infringement, and You would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(g) of the DMCA, is as follows:

 

1.     To file a counter-notification with us, You must provide our Copyright Agent, at the address set forth above, with a written communication that sets forth the items specified below

 

2.     Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) Users who are infringers. Accordingly, if You are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that You first contact an attorney.

 

c.     Elements of Counter-Notification. To expedite our ability to process your counter- notification, please use the following format (including section numbers):

 

1.  Identify the specific URLs of (or other information sufficient to allow us to identify) material that Flyover Zone has removed or to which Flyover Zone has disabled access.

2.     Provide your full name, address, telephone number, email address and, if You are a registered User, the User name of your Flyover Zone account.

3.     Provide a statement that You consent to the jurisdiction of the Eastern District of New York and the Federal District Court for the judicial district in which your address is located (if your address is outside of the U.S.A.), and that You will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined above or an agent of such person.

4.     Include the following statement: “I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

5.    Sign the notice. If You are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:

 

Flyover Zone

855 S. College Mall Road, #347

Bloomington, IN, 47401

contact@flyoverzone.com

 

d.     After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification. By submitting a counter-notification, You consent to having such Identifying Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain You from engaging in infringing activity relating to the material on the App. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).

 

e.     Foreign Counter-Notification: If You reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between You and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if You make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if You are not sure whether content You posted on the App is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend You first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If You do wish to file a counter-notice, You should follow the process set forth above under the heading “Elements of Counter-Notification.”

 

Disclaimer: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

 

24.           Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country”; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. 

 

b.              Notice for California Users.

 

Under California Civil Code Section 1789.3, users of our App service from California are entitled to receive the following information on how to resolve a complaint regarding the App service or to receive further information regarding use of the App service:

 

(1) The name, address, and telephone number of the provider of service.

 

(2) Any charges to the consumer imposed by the provider for the use of the service.

 

(3) The procedures a consumer may follow in order to resolve a complaint regarding the service or to receive further information regarding use of the service, including the telephone number and address of the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs.

 

Such complaints or requests may be submitted to Flyover Zone via email at: contact@flyoverzone.com.

 

25.           Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the App, such as those of Your wireless carrier. 

 

26.           Third Party Beneficiary: PlayFab, and PlayFab’s subsidiaries, are third party beneficiaries of the EULA, and upon Your acceptance of the terms and conditions of this EULA, PlayFab will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof. 

 

27.           Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.  The Uniform Computer Information Transactions Act does not apply to these Terms.

 

28.           Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the App shall be filed only in the state or federal courts in and for New York County, State of New York and You hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.  You agree that You will not file or participate in a class action against us.  IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE APP OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

 

29.           Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.  If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with You, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

 

30.           Class Action Waiver. You shall not have the right to bring any claim against Flyover Zone as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).  All disputes between User and Flyover Zone shall be resolved on an individual basis.

 

31.           Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Flyover Zone to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

 

32.           Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

33.           Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Flyover Zone without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

 

34.           Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

 

35.           Entire Agreement. This is the entire agreement between You and Flyover Zone relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that You may have entered into with Flyover Zone. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Flyover Zone as set forth in Section 3 above. All rights not expressly granted in these Terms are reserved to us.

 

36.           We comply with all applicable archeological standards and rules imposed by government authorities.

 

Copyright © 2022. Frischer Consulting, Inc. All Rights Reserved.

 

 

[Appendix 1]

Additional App Terms

In this Appendix, “Appstore Provider” means the provider of the appstore from which you have downloaded the App (for example, if you downloaded the App from the Apple App Store, Apple will be the Appstore Provider and if you downloaded the App from the Google Play store, Google will be the Appstore Provider).

1.     You acknowledge and agree that this EULA has been concluded between you and us, and not the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the App and the content in the App.

2.     You acknowledge and agree that the Appstore Provider is not responsible for providing any maintenance or support in relation to the App.

3.     In the event that the App does not conform to any product warranty set out in this EULA, the Appstore Provider may provide you with a refund of the price you paid for the App (if any). The Appstore Provider shall, to the maximum extent permitted by law,  have no further warranty obligation with respect to the App.

4.     You acknowledge and agree that the Appstore provider shall not be responsible for any claims that you might have in connection with the App including, but not limited to: (i) product liability claims, (ii) any claim that the App does not conform to a legal or regulatory requirement, and (iii) any claims arising under consumer protection or similar legislation.

5.     If a third party claims that your use of the App infringes that third party’s intellectual property rights, you acknowledge and agree that we (and not the Appstore Provider) will be solely responsible for the investigation, defence, settlement and discharge of any intellectual property infringement claim.

6.     You warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated a “terrorist supporting” country by the U.S. Government, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

7.     You agree to comply with all applicable third party terms when using the App.

8.     If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this EULA. Upon your acceptance of this EULA, Apple will have the right to enforce the EULA against you as a third party beneficiary.

 

California Specific Privacy Notice

 

Latest date of issue: April 29, 2022

 

1.              Introduction:

 

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“California Specific Privacy Notice”) supplements the information contained in the Privacy Policy of Frischer Consulting, Inc. d/b/a Flyover Zone (“Flyover Zone,” “we” or “us”) and shall govern Flyover Zone’s data collection and usage regarding California residents, including but not limited to, offline and online. The Yorescape app, the Flyover Zone website located at and Flyover Zone’s other affiliated websites, subdomains, mobile versions and any associated applications are referred to in this California Specific Privacy Notice as the “App.” The App will allow you to access virtual tours taking You across space and back in time to see the world’s great cultural heritage sites (the “Services”).

 

Any terms defined in the California Consumer Privacy Act (“CCPA”) have the same meaning when used in this California Specific Privacy Notice. California residents with disabilities may access this notice in an alternative format by emailing us at contact@flyoverzone.com.

 

Flyover Zone will continue to revise our California Specific Privacy Notice to reflect the development of the CCPA and our understanding as to how it relates to our data practices.

2.              Children:

 

If you are under the age of eighteen (18), you are not authorized to access or use the App without the consent of a parent or legal guardian. NOTICE: Visit www.OnGuardOnline.gov for tips from the Federal Trade Commission on protecting children’s privacy online.

If we become aware that you are under the age of 13 and are attempting to or have submitted Personal Information via the Services, we will not accept such information and we will take steps to remove such information from our records. This may involve us having to access and verify your age and other relevant details.

 

3.         Information We May Collect From You:

 

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, we have collected the following categories of Personal Information from consumers within the last twelve (12) months:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, email address, unique personal or online identifier,

IP address, account name, Social Security number driver’s license number, passport number, date of birth or other similar identifiers.

 

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.

 

YES

C. Protected classification characteristics under California or federal law.

Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

 

NO

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

 

NO

E. Biometric information.

Physiological, behavioral and biological characteristics, including DNA, that can be used, singly or in combination with each other or with other identifying data, to establish individual identity or other identifier or identifying information, such as, fingerprints, or and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

 

NO

F. Internet or other network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

 

YES

G. Geolocation data.

Physical location.

 

YES 

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

 

NO

I. Professional or employment-related information.

 

Current or past job history or performance evaluations.

 

NO

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information or student disciplinary records.

 

 

NO

K. Inferences drawn from other Personal Information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

NO

 

4.              What Personal Information Do We Collect About You, For What Purpose And On What Grounds We Process It:

  • to fulfill your requests for the Services;
  • to provide and improve the App and/or the Services;
  • to conduct research and compile statistics on usage patterns;
  • to provide anonymous aggregate reporting for internal and external partners;
  • to manage your user account;
  • to communicate with You in general;
  • to respond to your questions and comments;
  • to notify You about promotional offers and Services that may be of interest to You; or
  • to send You Flyover Zone’s newsletter, unless You unsubscribe

 to prevent potentially prohibited or illegal activities;

  • to enforce the End User License Agreement or other Flyover Zone agreements;
  • to ensure the security of the App;
  • to access to third-party services if You connect your account with such third-party services;
  • to comply with legal requirements; or
  • as otherwise described to You at the point of collection.

Flyover Zone may use your Personal Information for its own commercial, promotional or marketing purposes. However, we do not sell your Personal Information.

Your Personal Information may be accessed and stored as necessary for the uses stated above in accordance with this Privacy Policy. While Flyover Zone may share your Personal Information with agents and contractors in order to perform the functions listed above, including hosting services and App management, we require that they treat your Personal Information, and limit their use, in accordance with the standards specified in this Privacy Policy.

 

5.         We Share Information With:

 

Personal Information may also be shared under the following limited circumstances:

·      Subsidiaries, Service Consultants and Service Providers. We may disclose Personal Information to our subsidiaries, third-party consultants and service providers (such as providers of hosting, support, returns, maintenance, third-party payment processing agencies, and remedial and repair services) to the extent that they require access to our databases, or the information contained in our databases, to service us and the website;

 

·      Enforcement of Rights/Security. We reserve the right to release Personal Information (i) when we are under legal compulsion to do so (e.g. we have received a subpoena) or we otherwise believe that the law requires us to do so, (ii) when we believe it is necessary to protect and/or enforce the rights, property interests, or our safety, the safety of our users, or the safety of others, or (iii) as we deem necessary to resolve disputes, troubleshoot problems, prevent fraud and otherwise enforce the Privacy Policy and other service agreements;

 

·      Reorganization or Sale. In the event that we merge with or become a part of another organization, or in the event that we are sold, we sell all or substantially all of our assets, or we are otherwise reorganized, the information you provide will be one of the transferred assets to the acquiring or reorganized entity;

 

·      To Help Protect Minor Users of Our Services. In the event that the safety of our users is threatened, and we are able to do something about that by sharing Personal Information with third-parties, we reserve the right to do so. This may be done to prevent the instigation of a crime, to help facilitate an investigation related to public safety, to help protect the safety of a minor using our Services, to help protect the security or integrity of our Services, or to enable us to take precautions against liability;

 

·      As Otherwise Allowed by Law. We may transfer Personal Information to third-parties where we are expressly authorized by applicable law to do so;

 

·      Aggregated Information. We may aggregate information that you provide with information provided by other individuals in such a manner that the information is not personally identifiable to you, and we may transfer that aggregated information to third-parties;

 

·   We may make available services such as blogs, message boards and chat functionality including audio, voice, and text to which you are able to post information and materials.  Please note that any information you disclose through such services or otherwise on the website becomes public information, and may be available to visitors to the website and to the general public.  In addition, when you choose to make a posting on the website certain Personal Information will be available for other users to view.  We urge you to exercise discretion and caution when deciding to disclose Personal Information about you, or any other information, on the website.  WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD-PARTY OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH THE WEBSITE; and

 

·      With your express consent.

6.         How We Use Cookies:

 

Like many other online services, the App uses “cookies” to collect information. Cookies are small piece of data that a website asks your browser to store on your computer or mobile device. Cookies contain an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies do not typically contain any information that personally identifies a user, but Personal Information that we store about You may be linked to the information stored in and obtained from cookies.

Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.

Cookies may be either “persistent” cookies or “session” cookies.

Sessions cookies will be erased when You close your browser, whereas “persistent” cookies will remain on your computer/device/web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date.

We use both session and persistent cookies on the App.

The names of the cookies that we use on our App, and the purposes for which they are used, are set out in the table below.

Name

Type

Usage

Drupal.tableDrag.showWeight

Persistent

Used in order to store user interface preferences

SSESS[hash]

Note: the hash after SSESS will change each time the cookie is renewed

Session

This cookie is created when a user authenticates, in order to keep him logged in to the site and avoid that he has to constantly re-enter his username and password

_ga

Persistent

This cookie is used by Google Analytics to distinguish users

_gat

Persistent

This cookie is used by Google Analytics to throttle request rate

_gid

Persistent

This cookie is used by Google Analytics to distinguish users

has_js

Session

This cookie is used to check if the browser accepts JavaScript

opigno_quiz_app_fs

Session

Used to handle the scoring of quizzes

We use session cookies to enable certain features of the App, to better understand how You interact with the App and to monitor aggregate usage by users. We will use session cookies for identifying your language settings of your device, the promotional offers You subscribed to.

Please note that You can always control cookies by enabling your web browser to block cookies. However, if You block cookies You may not be able to use all portions of the App or all functionality of the Services.

You can delete all cookies that are already on your computer and You can set most browsers to prevent them from being placed. If You do this, however, You may have to manually adjust some preferences every time You visit a site and some Services and functionalities may not work.

 

7.         Your Right to Access to Specific Information and Data Portability Rights:

 

You have the right to request that we disclose certain information about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

 

a.     The categories of Personal Information we collected about you.

b.     The categories of sources for the Personal Information we collected about you.

c.     Our business or commercial purpose for collecting or selling that Personal Information.

d.     The categories of third parties with whom we share that Personal Information.

e.     The specific pieces of Personal Information we collected about you (also called a data portability request).

f.      If we sold or disclosed your Personal Information for a business purpose, a separate list disclosing:

                                 i.     sales, identifying the Personal Information categories that each category of recipient purchased; and

                               ii.     disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

 

Please note that we do not sell your Personal Information.

 

8.         Deletion Request Rights:

 

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

 

You may object to Flyover Zone using your Personal Information for the above purposes at any time by emailing us at contact@flyoverzone.com. If you do so, Flyover Zone will cease using your Personal Information for the above purposes (i.e., under a legitimate interest set out above) and remove it from its systems unless such Personal Information is permitted to be used by Flyover Zone for another purpose set out in this California Specific Privacy Notice or Flyover Zone determines and demonstrates a compelling legitimate interest to continue in processing your Personal Information.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

 

a.     Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

b.     Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

c.     Debug products to identify and repair errors that impair existing intended functionality.

d.     Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

e.     Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).

f.      Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

g.     Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

h.     Comply with a legal obligation.

i.      Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

9.         Exercising Access, Data Portability and Deletion Rights:

 

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

 

1.     Visiting the CCPA Request Form; or

2.     Emailing us at contact@flyoverzone.com

 

10.       Authorized Agents:

 

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information if you provide the authorized agent written permission signed by you or pursuant to a valid Power of Attorney. You may also make a verifiable consumer request on behalf of your minor child. When you use an authorized agent to submit a request, we may require you to:

 

a.     Provide the authorized agent signed permission to do so.

b.     Verify their own identity directly with the business.

c.     Directly confirm with the business that they provided the authorized agent permission to submit the request.

 

11.       Verifiable Consumer Requests:

 

The verifiable consumer request must:

 

a.     Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. This may include requesting that you provide us with at least two or more pieces of Personal Information to match against Personal Information about you that we may or may not maintain and which we have determined to be reliable for the purpose of verification.

 

b.     Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

 

12.       Response Timing and Format:

 

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

13.       Sale of Personal Information:

 

We do not sell your Personal Information. 

 

14.       Non-Discrimination:

 

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

 

a.     Deny you goods or services.

b.     Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

c.     Provide you a different level or quality of goods or services.

d.     Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

 

15.       Changes to This California Specific Privacy Notice:

 

We may, in our sole discretion, modify or revise this California Specific Privacy Notice at any time.  Such changes or updates are effective immediately after we give notice of the change or update, which we may do so by revising the Last Revised date at the top of the California Specific Privacy Notice or by otherwise posting on the website, by email, conventional mail and/or by any other means that provides reasonable notice.  You agree that your use of the Services, after the date such notice is posted, means that you accept and agree to be bound by such modifications or revisions to the California Specific Privacy Notice.  You agree that we shall not be liable to you for any damages that might result from any changes to this California Specific Privacy Notice, if any.

 

16.       Contact Us:

 

We welcome your questions, comments and concerns about privacy. Please contact us at contact@flyoverzone.com with any questions or comments you may have regarding the privacy of your information.

 

Copyright © 2022. Frischer Consulting, Inc. All Rights Reserved.

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