Terms and Conditions
Welcome to BenchFly
Please read the following Terms and Conditions carefully. These Terms and Conditions contain important information regarding your rights, obligations and restrictions in connection with your use of the BenchFly Service and the BenchFly.com website.
By using and/or visiting this website (collectively, including all content and functionality available through the BenchFly.com domain name, the "BenchFly Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms andn Conditions") and (2)BenchFly's privacy notice, incorporated here by reference. If you do not agree to any of these terms or the BenchFly privacy notice, please do not use the BenchFly Website.
Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version. BenchFly may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time. The modified Agreement will become effective upon posting. Your continued use of the Website and Service after posting of the amended Agreement indicates your acceptance of and agreement to be bound by the amended Agreement.
These Terms and Conditions apply to all users of the BenchFly Website, including users who are also contributors of video content, information, and other materials or services on the Website. The BenchFly Website includes all aspects of BenchFly, including but not limited to all products, software and services offered via the website.
The BenchFly Website may contain links to third party websites that are not owned or controlled by BenchFly. BenchFly has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, BenchFly will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve BenchFly from any and all liability arising from your use of any third-party website.
To use this Service, you understand and agree to the following: (a) as part of the registration process, you must submit a valid e-mail address and select a password and user name; (b) you are responsible for maintaining the confidentiality of your member name and password, and all uses of your account -- whether or not you've authorized such use; (c) you agree to notify BenchFly immediately of any unauthorized use of your account; and (d) you are at least 13 years of age. BenchFly will not be held liable for any loss or damage for non-compliance. BenchFly reserves the right to refuse the Service to any user. Although BenchFly will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of BenchFly or others due to such unauthorized use.
In addition, you understand and agree that BenchFly will use aggregated data collected from you and other users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, BenchFly in no way controls, verifies, or endorses any of the information contained on or in the BenchFly Service, including links, profiles, events, messages, message boards and members' published listings.
Use of the Website—Permissions and Restrictions
BenchFly hereby grants you permission to access and use the Website as set forth in these Terms and Conditions, provided that:
You agree not to distribute in any medium any part of the Website, including but not limited to Member Contents (defined below), without BenchFly's prior written authorization.
You agree not to alter or modify any part of the Website.
You agree not to access Member Contents (defined below) or BenchFly Content through any technology or means other than the pages of the Website itself or other explicitly authorized means BenchFly may designate.
You agree not to use the Website for any commercial use without the prior written authorization of BenchFly. Prohibited commercial uses include any of the following actions taken without BenchFly's express approval:
- uploading unauthorized corporate content;
- sale of access to the Website or its related services on another website;
- use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the BenchFly website or any third-party website, targeted to the content of specific Member Contents or BenchFly content;
- and any use of the Website or its related services that BenchFly finds, in its sole discretion, to use BenchFly's resources or Member Contents with the effect of competing with or displacing the market for BenchFly, BenchFly content, or its Member Contents.
Prohibited commercial uses do not include:
- maintaining an original profile on BenchFly, to promote your business;
- showing BenchFly videos on an ad-enabled blog or website, provided the primary purpose of using the video is not to gain advertising revenue or compete with BenchFly;
- any use that BenchFly expressly authorizes in writing.
You must be thirteen (13) years of age or older to register as a member of BenchFly or use the BenchFly.com Website or Service. By using the BenchFly Website or registering for the Service, you represent and warrant that you are thirteen (13) years of age or older and that you have the right, authority, and capacity to agree to, and abide by, this Agreement. BenchFly reserves the right to cancel the account of and delete your profile and any content or information posted by any user under the age of thirteen (13).
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the BenchFly servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, BenchFly grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. BenchFly reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Member Contents.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to BenchFly, you hereby grant BenchFly a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and BenchFly's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.
The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that BenchFly may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
In your use of the website, you will otherwise comply with these Terms and Conditions and all applicable local, national, and international laws and regulations.
BenchFly reserves the right to discontinue any aspect of the BenchFly Website at any time.
Term and Termination
Non-commercial use by members
The BenchFly Website is for the personal use of individual Members only. Organizations, companies, and/or businesses may become Members but should not use the Service or the Website for any unauthorized purpose. Illegal and/or unauthorized uses of the Website, including uploading advertisements, collecting usernames and/or e-mail addresses of members by electronic or other means for the purpose of sending unsolicited e-mail and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress and the Member's account will be terminated.
Proprietary Rights in Content on BenchFly
BenchFly owns and retains all proprietary rights in the Website and our Service. The Website contains the copyrighted material, trademarks, and other proprietary information of BenchFly, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted by Members on the BenchFly Site
You are solely responsible for the content that you publish or display (hereinafter "Post") on the BenchFly.com website, or transmit to other BenchFly Members, including but not limited to photos, profiles, messages, notes, text, information, music, and videos ("Member Content"). You understand that whether or not such Member Contents are published, BenchFly does not guarantee any confidentiality with respect to any Member Contents.
You represent, warrant and agree that no materials of any kind submitted by you or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material, or violate any other laws or regulations.
You understand and agree that BenchFly may, but is not obligated to, review and delete any Member Content that, in the sole judgment of BenchFly, violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of BenchFly, BenchFly's Members or users, or the public, without notice. BenchFly assumes no responsibility for monitoring the content posted on the Website by Members or the conduct of its Members.
Your profile must describe you, an individual person or company. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
You may access Member Contents for your information and personal use solely as intended through the provided functionality of the BenchFly Website. You shall not copy or download any Member Content.
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the BenchFly Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the BenchFly Website or otherwise as prohibited under this Agreement.
You agree not to circumvent, disable or otherwise interfere with security-related features of the BenchFly Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BenchFly Website or the Content therein.
You understand that when using the BenchFly Website, you will be exposed to Member Contents from a variety of sources, and that BenchFly is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Contents. You further understand and acknowledge that you may be exposed to Member Contents that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BenchFly with respect thereto, and agree to indemnify and hold BenchFly, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. BenchFly reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending communication from the BenchFly site and terminating the membership of such violators and reporting you to law enforcement authorities. It includes Content that:
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or would otherwise create liability or violate any local, state, national or international laws;
- solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; and
- solicits people you don't know to add you or accept you as a contact on BenchFly;
- impersonates any person or entity, or falsely states or otherwise misrepresents yourself, your age, or your affiliate with any person or entity;
- contains the private information of any third party including without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
- blocks, removes or otherwise obscures the display of advertisements that appear on BenchFly, or attempts to do so;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- contains in the sole judgment of BenchFly, matter that is objectionable or which restricts or inhibits any other person from using or enjoying the BenchFly website or which may expose BenchFly or its Members or users to any harm or liability of any type.
Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items from other Members or Member Content. BenchFly is not responsible for the content that Members submit and you hereby waive any legal or equitable rights or remedies you may have against BenchFly related to such exposure.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any commercial products or commercial services through the Service. You may not engage in advertising to, or solicitation of other members to buy or sell any personal products or services. You may not transmit any chain letters or junk e-mail to other Members. Although BenchFly cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the BenchFly Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, BenchFly reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which BenchFly deems appropriate in its sole discretion.
The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the BenchFly Website. You understand and agree, however, that BenchFly may retain, but not display, distribute, or perform, server copies of Member Contents that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
In connection with Member Contents, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BenchFly all of the license rights granted herein.
BenchFly does not endorse any Member Content or any opinion, recommendation, or advice expressed therein, and BenchFly expressly disclaims any and all liability in connection with Member Contents. BenchFly does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and BenchFly will remove all Content and Member Contents if properly notified that such Content or Member Content infringes on another's intellectual property rights. BenchFly reserves the right to remove Content and Member Contents without prior notice.
If you believe that any Member Content or other material on the BenchFly.com Website infringes upon any copyright that you own or control, you may submit a notification to BenchFly pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please send your notification to the attention of BenchFly at: [email protected]
BenchFly, in appropriate circumstances and at BenchFly's sole discretion, will terminate Members who are deemed to be repeat infringers. BenchFly may also at its sole discretion limit access to the Website and/or terminate the memberships of any Members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You are solely responsible for your interactions with other BenchFly Members or third parties. BenchFly reserves the right, but has no obligation, to monitor disputes between you and other Members or third parties.
Transactions with Organizations or Individuals
BenchFly shall not be liable for your interactions with any organizations and/or individuals found on or through the BenchFly Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that BenchFly is not responsible for any damage or loss incurred as a result of any such dealings. BenchFly is under no obligation to become involved in disputes between participants on the site, or between participants on the site and any third party. In the event of a dispute, you release BenchFly, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service.
BenchFly is not responsible or liable in any manner for any Member Content posted on the Website or in connection with the BenchFly Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. We do not control and are not responsible for what Members post on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Service, the Website or in connection with any Member Content. BenchFly is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. BenchFly assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. BenchFly is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will BenchFly be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any content posted on the Website, including Member Content, or transmitted to Members, or any interactions between users of the Website, whether online or offline. THE WEBSITE AND THE SERVICE ARE PROVIDED "AS IS" AND BENCHFLY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BENCHFLY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE. The Service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from BenchFly or through or from the Service shall create any warranty not expressly stated herein.
Limitation of Liability
IN NO EVENT SHALL BENCHFLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY PERSONAL INJURY RESULTING FROM MEMBER CONTENTS OF ANY TYPE, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BENCHFLY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BENCHFLY SHALL NOT BE LIABLE FOR MEMBER CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to defend, indemnify and hold harmless BenchFly, its corporate parents and subsidiaries, officers, directors, employees and agents with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with any Member Content, your use of the BenchFly Service or Website, your conduct in connection with the Services or Website or with other users or Members of the Services or the Website, or any breach of this Agreement. Notwithstanding the foregoing, BenchFly retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against BenchFly herein under the terms and provisions of this Section and in no event shall you settle any such claim without BenchFly's prior written approval.
General Practices Regarding Use and Storage
You acknowledge that BenchFly may establish general practices and limits concerning use of the Service including, without limitation, the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on BenchFly's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that BenchFly has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that BenchFly reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that BenchFly reserves the right to modify these general practices and limits from time to time.
Preservation of Materials
You acknowledge and agree that BenchFly may preserve any materials submitted or posted by you (including e-mails, profiles, postings or other content) and may disclose such material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any material violates the rights of third parties; or (4) in our sole judgment, protect the rights, property, or personal safety of BenchFly, its Members, employees or the public.
Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and BenchFly's failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. BenchFly reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the BenchFly Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. YOU AND BENCHFLY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BENCHFLY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.