| AGREEMENT BETWEEN CUSTOMER AND FLY2KOREA.COM
This Web site is offered to you, the customer, based upon your
acceptance without modification of the terms, conditions, and
notices contained herein. Your use of this Web site constitutes
your agreement to all such terms, conditions, and notices.
COPYRIGHT AND TRADEMARK NOTICES
This site, and each of its modules, together with the arrangement
and compilation of the content found on this site, is the copyrighted
property of Fly2korea.com, Inc.("Fly2korea.com") and/or
its various third party providers and distributors. Much of the
content found on this site is owned by third party providers and
distributors and, specifically, certain data relating to schedules
is the copyrighted work of some other information providers. In
addition, the trademarks, logos and service marks displayed on
this site (collectively, the "Trademarks") are registered
and common law Trademarks of Fly2korea.com, its affiliates, and
various third parties. Nothing contained on this site should be
construed as granting, by implication, estoppel, or otherwise,
any license or right to use any of the Trademarks without the
written permission of Fly2korea.com, or such other party that
may own the Trademarks.
AGE AND RESPONSIBILITY
If you use this site, you are responsible for maintaining the
confidentiality of your account information and your password.
You agree to accept responsibility for all activities that occur
under your account or password. You represent that you are of
sufficient legal age to use this site and to create binding legal
obligations for any liability you may incur as a result of the
use of this site. You understand that you are financially responsible
for all uses of this site by you and those using your login information.
REVIEW OF TRANSMISSIONS
Fly2korea.com may occasionally monitor and review any information
transmitted or received through this site and reserves the right
to censor, edit, remove or prohibit the transmission or receipt
of any information that Fly2korea.com deems inappropriate or in
violation of these terms and conditions. During monitoring, the
information may be examined, recorded or copied, and your use
of this site constitutes your consent to such monitoring and review.
You agree that if you submit suggestions, ideas, comments or questions
or post any other information on this site, you grant Fly2korea.com
and its affiliates a worldwide, non-exclusive, royalty-free, perpetual,
irrevocable, and fully sublicenseable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute and display such content in any form, media or technology.
Fly2korea.com takes no responsibility and assumes no liability
for any content posted or submitted by you.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Fly2korea.com grants you a limited, non-transferable license to
use this site in accordance with the terms and conditions of this
User Agreement. You may only use this site to make legitimate
reservations or purchases and shall not use this site for any
other purposes, including without limitation, to make any speculative,
false or fraudulent reservation or any reservation in anticipation
of demand. This site and the content provided in this site, including
the text, graphics, button icons, audio and video clips, digital
downloads, data compilations and software, may not be copied,
reproduced, republished, uploaded, posted, transmitted or distributed
without the written permission of Fly2korea.com, and/or its third
party providers and distributors, except that you may download,
display and print the materials presented on this site for your
personal, non-commercial use only.
In addition, you agree not to (1) access, monitor or copy any
content or information of this Web site using any robot, spider,
scraper or other automated means or any manual process for any
purpose without express written permission of Fly2korea.com; (2)
violate the restrictions in any robot exclusion headers on this
Web site or bypass or circumvent other measures employed to prevent
or limit access to this Web site; or (3) take any action that
imposes, or may impose, in the discretion of Fly2korea.com, an
unreasonable or disproportionately large load on the Fly2korea.com
infrastructure.
LIABILITY DISCLAIMER
Fly2korea.com assumes no responsibility, and shall not be liable
for, any damages to, or viruses that may infect your computer
equipment or other property on account of your access to, use
of, or browsing in this site or your downloading of any materials,
data, text, images, video or audio from the site. In no event
shall Fly2korea.com or any third party providers or distributors
be liable for any injury, loss, claim, damage, or any special,
exemplary, punitive, indirect, incidental or consequential damages
of any kind (including, but not limited to list profits or lost
savings), whether based in contract, tort, strict liability, or
otherwise, which arises out of or is in any way connected with
(1) any use of this site or content found herein, (2) any failure
or delay (including, but not limited to the use of or inability
to use any component of this site for reservations or ticketing),
or (3) the performance or non performance by Fly2korea.com or
any third party providers or distributors, including, but not
limited to, non performance resulting from bankruptcy, reorganization,
insolvency, dissolution or liquidation even if such party has
been advised of the possibility of damages to such parties or
any other party.
If, notwithstanding the foregoing, Fly2korea.com or any third
party provider or distributor should be found liable for any loss
or damage which arises out of or is in any way connected with
any of the above described functions or uses of this site or its
content, the liability of Fly2korea.com and the third party providers
and distributors shall in no event exceed, in the aggregate, the
greater of (a) the subscription fee and service charge for accessing
this site, or (b) US$100.00. In its sole discretion, in addition
to any other rights or remedies available to Fly2korea.com and
without any liability whatsoever, Fly2korea.com at any time and
without notice may terminate or restrict your access to any component
of this site. Some states do not allow limitation of liability,
so the foregoing limitation may not apply to you.
FLY2KOREA.COM AND ANY THIRD PARTY PROVIDERS
AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE
AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED
ON AN "AS IS" BASIS. FLY2KOREA.COM AND ANY THIRD PARTY
PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS,
CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON
THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND
CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING
OR USAGE OF TRADE. NEITHER FLY2KOREA.COM NOR ANY THIRD PARTY PROVIDERS
OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL
SENT FROM FLY2KOREA.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES,
SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
INDEMNIFICATION
You shall defend and indemnify Fly2korea.com and any third party
providers and distributors and their officers, directors, employees
and agents from and against any claim, cause of action or demand,
including without limitation reasonable legal and accounting fees,
brought by or on your behalf in excess of the liability described
herein or by third parties as a result of your use of this site.
LINKS TO THE THIRD PARTY USERS
This site may contain hyperlinks to other Web sites. Such links
are provided solely as a reference to you and not as an endorsement
by Fly2korea.com, its third party providers or distributors of
the contents of such other Web sites. None of Fly2korea.com or
any third party provider or distributor shall be responsible for
the content of any other Web sites and make no representation
or warranty regarding any other Web sites or the contents or materials
on such Web sites. If you decide to access other Web sites, you
do so at your own risk.
TERMINATION
Fly2korea.com may terminate this User Agreement and these terms
and conditions and/or the provision of any of the services at
any time for any reason, including any improper use of this site
or your failure to comply with these terms and conditions. Such
termination shall not affect any right to relief to which Fly2korea.com
and its third party providers and distributors may be entitled,
at law or in equity. Upon termination of this User Agreement and
these terms and conditions, all rights granted to you will terminate
and revert to Fly2korea.com and its third party providers or distributors,
as applicable.
GENERAL
This agreement is governed by the laws of the State of California,
USA. You hereby consent to the exclusive jurisdiction and venue
of courts in Los Angeles County, California, USA, in all disputes
arising out of or relating to the use of this Web site. Use of
this Web site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including,
without limitation, this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between
you and Fly2korea.com as a result of this agreement or use of
this Web site.
To the extent allowed by applicable law, any claim or cause of
action arising from or relating to your access or use of this
site must be brought within two (2) years from the date on which
such claim or action arose or accrued.
This agreement (and any other terms and conditions referenced
herein) constitutes the entire agreement between the customer
and Fly2korea.com with respect to this Web site and it supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral, or written, between the customer and Fly2korea.com
with respect to this Web site. A printed version of this agreement
and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and
maintained in printed form.
Fictitious names of companies, products, people, characters,
and/or data mentioned herein are not intended to represent any
real individual, company, product, or event. Any rights not expressly
granted herein are reserved.
CALIFORNIA SELLER OF TRAVEL
Fly2korea.com is registered as a Seller of Travel with the State
of California. Our California Seller of Travel number is 2069776-10.
Registration as a Seller of Travel does not constitute approval
by the State of California. |