Terms of Use

1.        Flying Digits, LLC (“us/we”) owns and operates Flying Digits.Com and the LocalShout Application. These Terms of Use apply to Flying Digits.com, as well as any other affiliated Sites, digital services, or mobile applications (“LocalShout App”) on which a link to these Terms of Use appears (collectively, the Site). 

2.        These terms of use apply to all users and visitors of the Site, including users who upload any materials to the Sites, users who use services provided through said Site, users who download the Site and users who simply view the content on or available through the Site. This shall include persons and representatives of all legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content.

3.        You agree that your use of the Site is subject to the Terms of Use then in effect. Continued access to the Site by you following any modification in the Terms of Use will constitute your acceptance of the Terms of Use as modified. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS SET FORTH BELOW, DO NOT USE THIS SITE. These Terms of Use may be modified at any time and from time to time; the date of the most recent revisions will appear on this page, so check back periodically.

4.        SITE PROVIDED AS-IS, AS-AVAILABLE

A.        The materials comprising the Site are provided by the Owner as a service to you for your noncommercial, personal use on an as-is, as-available basis. You acknowledge that you are using the Site at your own risk.

B.        Owner assumes no responsibility for any errors or omissions in the materials comprising the Site. The Owner makes no commitment to update the information on the Site nor does it guarantee the accuracy, integrity or quality of such content. Users understand that by using the Site, they may be exposed to materials that are offensive, indecent or objectionable. At no time shall the Owner be liable this material. No advice or information given by the Owner or any other party on the Site shall create any warranty or liability. Further, Owner is not responsible for any content transmitted or posted to the Site by a third party, including but limited to content of any linked webiste. Any such third party content does not necessarily represent the opinions, beliefs, or positions of the Owner.

C.        Owner periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Owner shall have no liability for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers.

D.        Owner makes no, and expressly disclaims any, representations or warranties, express or implied, regarding the Site, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.  Owner makes no, and expressly disclaims any, warranties, express or implied, regarding the correctness, accuracy, completeness, timeliness, and reliability of the text, images, graphics, links to other Sites and any other items on the Site or accessed via the Site, or that the Site will be uninterrupted, error-free or free of viruses or other harmful components. Under no circumstances shall the Owner, its affiliates, or any of their respective partners, officers, directors, employees, agents or representatives be liable for any damages whatsoever, whether direct, indirect, special or consequential damages for lost revenues, lost profits, or otherwise, arising from or in connection with this Site, the materials contained herein, or the Internet generally. These disclaimers of warranties and limitations of liability shall apply to the fullest extent permitted by applicable law. Owner’s liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) fifty U.S. Dollars ($50) and the foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.

E.        The Owner is not responsible for, and does not control, any third party content or advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.

5.        COPYRIGHT

A.        All materials contained in the Site, including software, text, videos, photographs, images, sound files and other materials (collectively, Content), are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, sold, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of either the Owner or, in the case of content licensed by the Owner from third parties, the entity that is credited as the copyright holder of such licensed content. Unauthorized use of Content may violate copyright, trademark and other laws. You have no rights in or to the Content and you may not use the Content except as permitted under these Terms of Use. You may download freely-accessible Content (one copy per page) from the Site for your personal and non-commercial use only, without altering or removing any trademark, copyright or other notice from Content. Any third party materials transmitted or posted to the Site become the copyrighted property of the Owner, and may be used, reproduced, published, distributed, transmitted, sold, displayed, broadcast or otherwise exploited by the Owner. If you violate these Terms of Use, your permission to access the Site terminates and you must immediately destroy any copies you have made of the Content.

B.        Owner does not permit infringement of intellectual property rights on the Site. If you believe that any Content on the Site infringes your copyright or other intellectual-property rights, you may notify the Owner by providing the information required by the Online Copyright Infringement Liability Limitation Act section of the Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3), to the Owner at info@flyingdigits.com or Flying Digits, LLC, 4524 Jamesford Drive, Jamestown, North Carolina 27282.

6.        IMPERMISSIBLE USES OF THE SITE

A.        You agree not to: (a) systematically retrieve data or other Content from the Site to create or compile, directly or indirectly, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots or otherwise; (b) use any trademarks, trade names or other intellectual property of the Owner or any other party from the Site as metatags on other Sites, to disparage any party or in any manner that may damage any goodwill in the intellectual property; and (c) collect usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or other communications

B.        The following activities on the Site are expressly prohibited: (i) any use of the Site, which in Owner’s sole judgment, degrades the reliability, speed, or operation of the Site or any underlying hardware or software thereof, and (ii) any use of the Site which is unlawful or in violation of these Terms of Use.

C.        Trademarks, trade names, logos and other intellectual property owned by the Owner are the property of the Owner and cannot be used without the Owner’s express prior written permission. Nothing in these Terms of Use gives you a right to use the Flying Digits or LocalShout names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent.  

7.        USER CONTENT

A.        Owner may provide users an opportunity to transmit or post text, videos, photographs, images, sound files and/or other content to the Site (collectively, User Content) and may provide for the hosting, sharing and/or publishing of such User Content. Owner does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.

B.        You shall not transmit or post any User Content that: (i) is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy or harmful to minors in any way, racially or ethnically objectionable; (ii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate and local, state, national, or international law; (iii) is copyrighted, protected by trade secret, patent, trademark 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 submit or post the material and to grant Owner all of the license rights granted herein; (iv) refer derisively to the goods or services of others; (v) includes any disruptive elements that may damage or interfere with the Site such as computer viruses, bots, worms, bombs, or trojan horses; (vi) impersonates another person; (vii) includes any person’s full name or personal or identifying information without that person’s authorization; or (viii) violates the law or otherwise violates these Terms of Use.

C.        In connection with any User Content you submit, affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Owner to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use; and (iii) it complies with these Terms of Use.

D.        You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not Owner, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of Owner publishing such User Content. Owner does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, Owner shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates these Terms of Use or is otherwise objectionable, as determined by the Owner in Owners sole discretion and without notice. Any specific complaints regarding User Content must be directed to support@flyingdigits.com, and any promise by Owner to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by Owner.

E.        You agree to indemnify the Owner and its affiliates, and each of their respective partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney’s fees) that may arise from your use of the Site, your transmission or posting of User Content, your unauthorized use of material obtained from the Site, your breach of these Terms of Use, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. Owner reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

F.        By transmitting or posting User Content, you grant Owner the perpetual, non-terminable, worldwide, nonexclusive, royalty-free (with the right to sublicense) , and transferable right and license to use, reproduce, edit, remove, modify, publish, transmit, display, distribute, have distributed, promote, perform, and prepare derivative works of, all or any potion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses. You waive any moral rights you may have in the User Content. You also grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and under these Terms of Use.

8.        USER ACCOUNTS AND PASSWORDS

A.        To use certain optional features and functions of the Site, users may be given the opportunity to create user accounts with passwords. You agree to maintain the confidentiality of your user account information and password(s) and you agree not to use your user account(s) or password(s) for any unauthorized purpose. By creating any user account, you represent, warrant and certify that you are at least thirteen (13) years of age.

B.        You are responsible for actions undertaken by those using your user account(s) and password(s). Owner, in its sole discretion, may suspend or terminate your user account(s) for any reason without notice, including but not limited to if you or anyone using your user account(s) or password(s) violates or attempts to violate these Terms of Use.

C.        Owner may, in appropriate circumstances, terminate your user account(s), if you are determined to be a repeat infringer. You may be determined to be a repeat infringer if the Owner determines that you have posted or transmitted infringing User Content more than once.

9.        FEEDBACK

        If You provide the Owner with any ideas, suggestions, comments or other feedback pertaining to any aspect of the Site, Owner may use such Feedback as it feels is appropriated. Accordingly, You agree that: (a) Site is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to the Site, (c) Owner (including all of its successors and assigns and any successors and assigns) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback regarding the Site, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from the Owneror any of the other users of the Site in respect of the Feedback.

10.         Emails

        You agree that by using the site, you may occasionally receive e-mails from the Site.  These e-mails may range from an engagement correspondence, questions regarding services, inquiry regarding Posts and/or Replies, or updates to the sites.  

11.        End User License.

Except for User Content, the Site, and the information and materials that it contains, are the property of Owner and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, the Owner grants User a non-transferable, non-exclusive, license to (a) use the Site for your use, and (b) install and use one copy of the LocalShout Application on a mobile device that you own or control for your use (the “License”). The LocalShout App is licensed to you and not sold. Any future release, update, or other addition to functionality of the Site shall be subject to these Terms.

12.        PRIVACY POLICY

The Owner has established a Privacy Policy (which is set forth below) as modified from time to time, which explains how information is collected on the Site and used. The Privacy Policy is part of these Terms of Use and is incorporated herein by reference.

13.        PLEASE BE ADVISED THAT OWNER IS NOT A PARTY TO ANY TRANSACTION BETWEEN BUYER AND SELLER.  The Site may act as a venue to allow a User of this Site  to offer for sale, or rent, in a variety of pricing formats, a specific product or service to potential buyers.  Owner is not involved in the actual transaction between buyers and sellers.  As a result, the quality, safety or legality of the products and services advertised, the truth or accuracy of the products and services listed (including the content thereof or any product and service review), the ability of Users to buy or rent products and services, the value or fulfillment of any complementary add-ons or features that may be offered in connection with any product or service advertised in an effort to attract advertising, such as complementary gift cards or other complementary products or services or the ability of users to pay for products and services are solely the responsibility of the users.

13.         CHANGES TO SITE

Owner may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. Owner may also impose limits on certain features or services or restrict your access to parts or all of the Site without notice or liability.

14.         DATA TRANSMITTAL                                                                                                                                

Each user acknowledges and agrees that, regardless of such user's physical location, Owner may store and process any data transmitted to the Site from such user at locations both within and outside of the United States.

15.         IDENTITY VERIFICATION

A.        User verification on the Internet is difficult and Owner cannot and does not confirm each user's purported identity.  

B.        You agree to (i) keep your password and online ID secure and strictly confidential, providing it only to authorized users of your account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify Owner immediately and select a new online ID and password if you believe your password may have become known to an unauthorized person, and (iv) notify Owner immediately if you are contacted by anyone requesting your online ID and password.  When you give someone your online ID and online password, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed.   

C.        EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER THE SITE NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S PASSWORD THAT OCCURS BEFORE SUCH USER HAS NOTIFIED US OF POSSIBLE UNAUTHORIZED USE OF SUCH PASSWORD AND OWNER HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON THAT NOTICE; AND (ii) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD COULD CAUSE YOU TO INCUR LIABILITY TO BOTH THE SITE AND OTHER USERS.  Further, Owner may suspend or cancel your listing at any time even without receiving notice from you if Owner suspects that your password is being used in an unauthorized or fraudulent manner.

16.         RELEASE

A.        IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY POSTS OR REPLIES, COLLECTIVELY, “POSTINGS” ), YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE OWNER AND ANY USER OF THE SITE, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

17.         INDEMNITY

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD OWNER AND ANY USER OF THE SITE (COLLECTIVELY, THE INDEMNIFIED PARTIES) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY  POSTINGS), ANY CONTENT POSTED BY YOU TO THE SITE OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. OWNER RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

18.        DISCLAIMERS

A.        All data, software, and documentation in this Site are provided "as is" without warranty of any kind, either expressed or implied. This owner of the Site, its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, non-infringement, merchantability or fitness of any information contained on this site.

B,        The views and opinions of authors published on this site do not necessarily reflect those of Flying Digits, LLC.

C.        Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement or recommendation by Flying Digits, LLC. Nor shall any information or statements contained on this server be used for the purposes of advertising, or to imply an endorsement or recommendation.

D.        With respect to any documents available from this server, neither Flying Digits, LLC. nor any of its employees make any warranty, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. Further, neither  nor any of its employees assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed; nor do they represent that its use would not infringe privately owned rights.

E.        This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Flying Digits, LLC is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Flying Digits, LLC reserves the right to remove such materials from the Site of Flying Digits, LLC without liability.

F.        The information published on this Site was valid at the time of publication. Flying Digits, LLC reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.

G.        The Site of Flying Digits, LLC contains links to and frames of sites which are not maintained by Flying Digits, LLC. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the Site of Flying Digits, LLC does not imply Flying Digits, LLC's endorsement of the linked or framed sites or their content.

H.        By sending us a message in the e-mail area, you agree to have it along with your name posted for public viewing both here and in other promotional and advertising materials of Flying Digits, LLC without compensation. We will try to post as many of the messages as we can, although we cannot promise to post every submission. All messages that are posted here represent the opinions of other users of Flying Digits, LLC and do not represent the ideas or opinions of Flying Digits, LLC. You may copy them as much as you like for personal use, but redistribution in any way requires the permission of Flying Digits, LLC. In consideration of this authorization, you agree that any copy of this information which you make shall retain all copyright and other proprietary notices contained here in this Site.

I.         Access to this Site of Flying Digits, LLC is provided to you at no cost, as is. All efforts will be used to maintain the site but you should not assume that it is error-free or is suitable for the particular purpose that you intended when gaining access to the site.  Flying Digits, LLC is not responsible for the results of any defects that may be found to exist in the site or any lost profits or other consequential damages that may result from such defects.

19.        Flying Digits, LLC respects the intellectual property interests of other parties. If you believe that your work appears on this Site in a way that constitutes copyright infringement, you may notify Flying Digits, LLC and provide the following information:

A.        An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

B.         A copy of the copyrighted work that you claim has been infringed, or a description of the copyrighted work, including the URL (i.e., web page address) of the location where the copyrighted work exists;

C.         Identification of the URL or other specific location on the site of Flying Digits, LLC where the material that you claim is infringing is located;

D.        A 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;

E.        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; and

F.        Your address, telephone number, and e-mail address.

 

20.        To the fullest extent permitted by law, in no event shall Owner or any of its directors, employees or agents have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use by you of all or part of the Site.

21.        INTELLECTUAL PROPERTY RIGHTS
Owner retains all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) to the Site.

22.        TRADEMARKS                                                                                                                    The trademarks, service marks and logos used and displayed on the Site are registered

trademarks and service marks of Owner. You are not granted, expressly or by implication,

estoppels or otherwise, any license or right to use any trademark, service mark or logo used or

displayed on the Site, without the express written permission of Owner.  

23.        PATENTS                                                                                                                           The technology and products, including products that may from time to time be available

on the Site, may be protected by one or more United States patents. International patents and

patents pending may also be applicable in their respective countries.

24.        GOVERNING LAW

        This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of North Carolina.

25.         NOTICES

Except as explicitly stated otherwise, any notices shall be given (in the case of you contacting Owner) by email to support@flyingdigits.com or by postal mail to Attention Flying Digits, LLC, 4524 Jamesford Drive, Jamestown, North Carolina 27282..If Owner needs to send you notice, Owner may send such notice to the email address you provide to Owner during the registration process. Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Owner may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to Owner during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

26.         YOUR RECORD OF THESE TERMS

Owner does not separately file the terms entered into by each user of the Site. Please make a copy of these terms for your records by printing and/or saving a downloaded copy of the terms on your personal computer.

27.        ENTIRE AGREEMENT

        This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

 

28.         CONTENT, LAYOUT AND COPY

A.        Owner reserves the right to determine in Owner’s sole discretion the final design, layout and functionality of the Site, which is subject to change from time to time without notice.

B.        Owner reserve the right, in Owner’s sole discretion, to review and edit copy or amend the content, layouts, videos, or photographs supplied by any User. All content and copy edits submitted by Users are subject to review and approval by Owner.

C.        Notwithstanding Owner’s right to edit and amend the content, copy, videos, and photographs, Owner does not accept and Owner shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content, videos, and/or photographs or any change made to any content, video, photograph or copy submitted by any User or edited or amended by Owner. 

29.         PHOTOGRAPHS

A.        Owner will use reasonable efforts to reproduce faithfully any video or photograph submitted, but Owner is not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.

B.        By submitting a video or photograph , the User represents and warrants that:

C.        Each User agrees that Owner may reproduce in whole or in part any videographic or photographic material supplied by such User in the promotion of either such User's property or the promotion of the Site.

D.        It is the User's responsibility to obtain reproduction permission for all videographic or photographic and other material used in their advertisements. The User warrants that he is the owner of the copyright in such material or is authorized by the owner thereof to grant to use the rights therein contained.

30.         HYPERTEXT LINKS

Owner reserves the right to refuse hypertext links to, or addresses of, other websites from User’s Posts, and to remove links or addresses without notice at Owner’s sole discretion.  

 

31.        SEVERABILITY

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

32.        NO WAIVER

        The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

33.         MANDATORY ARBITRATION

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto.  If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third.  The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. The place of arbitration shall be Greensboro, North Carolina. North Carolina law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.


34.        ENTIRE AGREEMENT

        This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

35.        In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

Privacy Policy

This Privacy Policy discloses the privacy practices for FlyingDigits.Com and the LocalShout Application (collectively, the Site) owned and operated by Flying Digits, LLC.(the Site). This Privacy Policy governs the use and collection of information collected from you on the Site. This Privacy Policy does not apply to information you may provide to Owner offline or through any means other than the Site, other than as specifically identified below. As used herein, we, us and our refers to Flying Digits, LLC. 

Please read this Privacy Policy carefully so that you understand our online privacy practices. In addition, please review our Terms of Service, which also govern your use of this Site and which incorporate this Privacy Policy by reference. Your use of this Site indicates to us that you have read and accept our privacy practices, as outlined in this Privacy Policy.

1.         What Information Is Collected?

A.         Personally Identifying Information. To take advantage of certain optional features or functions of the Site, we may ask you to provide us with certain personally identifying information. Personally identifying information is information that could reasonably be used to identify you personally (such as your full name, address, or email address), and which we may refer to here as PII. For example, you may be asked to supply your name and email address if you complete the optional registration process for the Site. You can choose not to provide such information, but then you may not be able to take advantage of or participate in some features of the Site. We do not automatically collect any PII from visitors to the Site. After creating a profile, if you wish to change any of your profile information, you may do so by clicking the “Me” link on the Site and then clicking the appropriate link under “Edit Profile.” We may also combine information you have otherwise provided to us with PII you submit on the Site.  Also, we may collect information from 3rd party services you specifically give this Site access to (eg. Facebook or Twitter), which includes such information as your acquaintances’ names, your acquaintances’ email addresses and your acquaintances’ phone numbers.

The personal information provided and disclosed in their registration profile will be made available to all users of the Site. The User is encouraged to use discretion and caution regarding the personal information disclosed in his User profile.  Furthermore, the User has the option to logging out of their profile and to utilize the Anonymous feature of the LocalShout Application which conceals registered profile information.  However, utilizing the Site in the Anonymous setting shall limit the functionality and features of the Site.  

B.        Children Under the Age of 13. We do not knowingly collect or solicit personally identifying information from or about children under the age of 13. By submitting any personally identifying information, you certify that you are at least 13 years of age. If we discover that we have received any information from or about a child under 13 in violation of this statement, we will delete that information. If you believe that we have collected personally identifying information from or about a child under the age of 13, please contact us at the address provided in the “QUESTIONS” section below.

C.         Non-Personally Identifying Information

1.        Cookies. Like many website operators, we sometimes make use of browser “cookies.” A “cookie” is a small piece of information that we use to assign each visitor’s computer a unique, random numerical identification code that resides in a designated file on your computer or mobile device (hereinafter “computer.”) Our cookies do not automatically collect personally identifying information. We may use information collected from cookies to recognize your browser when you visit the Site, to facilitate easy login, to attempt to personalize the Site for each user, to ensure that your browser does or does not see the same ad over and over again, to sequence ads and offers in a series and to track page usage and paths, to help serve advertisements, or to facilitate your ability to navigate the Site. We may link the cookie to PII you submit or other information we collect. Separately, third party companies that serve advertisements on the Site may use cookies and other tracking information, as further detailed below, to collect information about your visits to this Site and other websites.

2.        Log Files. Like most websites, we use tracking programs that collect information about log files, including browser types, internet service providers (ISPs), referring/exit pages, platform types, date/time stamps, number of clicks, and Internet protocol (IP) addresses,. An IP address is a number that is automatically assigned to your computer whenever you access the Internet, which web servers use to identify where to send the information your computer requests. We may use IP addresses for a number of purposes, such as system administration, to report aggregate information to our business partners, or to audit the use of the Site. We may disclose such non-personally identifying information, such as aggregated statistics, to third parties for a variety or purposes, including describing our services, marketing, and improving the experiences of visitors to the Site. The Site also collects your mobile device’s geographic location while the app is running. \

3.        Web Beacons/Web Bugs (Clear GIFs/ Single-Pixel GIFs). A web beacon allows the party that set the web beacon to monitor and collect certain limited information about the movements of online Web users. No personally identifying information is collected through web beacons or web bugs. Advertisers on the Site may elect to use third party advertising companies to serve ads on the Site, and they may use such web beacons to recognize your computer each time they send you an advertisement, in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Advertisers may also place a web beacon to allow them to recognize an existing cookie on your browser if from the same service. We do not control web beacons used by such third parties.

4.        GEO-LOCATION DATA. While the LocalShout Application is in use, the Site maintains the User’s geographic location so that other Users of the Site may be connected to you.  Additionally, Posts made by the User will display location identifiers such as distance and map points which will be made available to the public.

2.         How is the Information Collected Used, and How Can I Opt Out?

A.         Personally Identifying Information. PII that you voluntarily submit may be used for the purposes authorized when it was submitted. For example, if you submit PII to request services or content, the information that you submit may be used to fulfill your request. We, our advertisers, or third parties selected by us may send you special offers and information, including by email, if you have not opted out of receiving such information and offers. If you do not wish to receive such special offers and information sent by email, you may follow the instructions for unsubscribing included within any of such special offers or informational emails.

B.        Administrative Purposes. We may use PII you submit to contact you for internal administrative purposes such as site administration, troubleshooting,   or relating to your use of the Site or Content you post on the Site, or in our discretion to notify you of major changes to the Site or this Privacy Policy.

C.        Service Providers and Third Parties. Personally identifying information may be shared with third parties as disclosed in this Privacy Policy or at the time you provide your information. Third parties that provide support for the operation of the Site or features thereof may also have access to such information. We may also share personally identifying information we have about our users with third parties so that the third parties can send you information and special offers, unless you choose to opt out from such sharing by clicking on the unsubscribe link included in such emails. We may also share your PII with third parties to accomplish the purposes for which it was submitted. In all cases, we will use the information only as permitted by law.

D.        SMS Notifications. The Site utilizes SMS notifications.  Standard /other charges may apply to all SMS messages generated by the User through the Site or for notification received by other users of the Site.  

3.        Facilitating Use of the Site and Customizing Content. We may use information collected from cookies and other tracking technology to recognize your browser when you visit the Site and to attempt to personalize the Site for each user, to sequence ads and offers in a series and to track page usage and paths. You can configure your browser to refuse all cookies or to indicate when a cookie is being set by choosing this option in the preferences or menu options in your browser. However, if you disable cookies, you may not be able to use certain optional features or functions of the Site. 

4.        Third Party Advertisements. We also use third party companies to serve advertisements on the Site. These companies may use cookies and other tracking information to collect information about your visits to this Site and other websites, so that they can measure the effectiveness of ads, and to track page usage and paths followed during visits. These companies may provide this data to us.

5.        Statistical Analysis. We may use collected information to create aggregate statistics about activity on and visitors to the Site, including the number of return visits to the Site or our advertisers’ websites, the number of unique visitors that have viewed or “clicked” a particular ad or visited a particular web page and how much time is spent on each page of the Site. We may also create aggregate demographic statistics. We may use these aggregate statistics to measure interest in various areas of the Site, to better design the Site and to improve our marketing strategy and product offerings. We may share the aggregate statistical information with third parties.

6.        Disclosures Required by Law.

As described above, certain uses of collected information may involve disclosure to third parties. In addition, we may disclose collected information in the good faith belief that we are required to do so by law, or when doing so is reasonably necessary to: (1) comply with the law or legal process; (2) respond to any claims; (3) protect and defend the rights, property or personal safety of Owner and its affiliates, as well as our customers, users or the public; or (4) protect against misuse or unauthorized use of the Site. In addition, collected information may be disclosed as part of any bankruptcy, merger, sale, transfer of company assets or acquisition.

7.        Is My Information Protected?

We use reasonable administrative, technical, personnel and physical measures to safeguard personally identifying information against loss, theft and unauthorized use, disclosure or modification. As effective as our security measures are, no security system is impenetrable. Moreover, we cannot guarantee that information that you supply will not be intercepted while being transmitted to us. Personally identifying information may also be stored on computers of third parties that provide technical support for the operation of the Site or who otherwise have access to your PII as disclosed in this Privacy Policy. We do not control the security measures used by such third parties.

8.        Changes to this Privacy Policy

This Privacy Policy may be amended or modified from time to time. We encourage you to periodically review this Privacy Policy to learn about any changes in our Privacy Policy.

9.        California Residents

Users of the Site who are California residents and who have provided PII to us may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to  support@flyingdigits.com with “Request for California Privacy Information” in the subject line and in the message.

10.        Questions

If you have any more questions, please email us at to support@flyingdigits.com or write to Flying Digits, LLC, 4524 Jamesford Drive, Jamestown, North Carolina 27282.