1. Your Acceptance
2. TravelMates Service
These Terms of Service apply to all users of the TravelMates Service. Information provided by our users through the TravelMates Service may contain links to third party websites that are not owned or controlled by Flying Squirrel. Flying Squirrel has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Flying Squirrel will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that Flying Squirrel shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. TravelMates Access
4. Intellectual Property Rights
The design of the TravelMates Service along with TravelMates created text, scripts, graphics, interactive features and the like, except Status Submissions (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Flying Squirrel, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. Flying Squirrel reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Status Submissions of third parties obtained through the Service for any commercial purposes.
5. User Status Submissions
A. The TravelMates Service allows TravelMates users to submit status text, profile photos and other communications submitted by you, as well as the automatic submission of your position and future positions/overnights for up to thirty (30) days. These Status Submissions may be hosted, shared, and/or published as part of the TravelMates Service, and may be visible to other users of the Service who are in your TravelMates list. For clarity, direct messages, location data and photos or files that you send directly to other TravelMates users will only be viewable by those TravelMates user(s) you directly send such information; but Status Submissions may be globally viewed by TravelMates users who are in your TravelMates list. Currently, we have no method of providing different levels of visibility of your Status Submissions among users who are in your TravelMates list – you acknowledge and agree that any Status Submissions may be globally viewed by users who are in your TravelMates list, so don’t submit or post status messages or profile photos that you don’t want to be seen globally. A good rule of thumb is if you don’t want the whole world to know something or see something, don’t submit it as a Status Submission to the Service. The submission of your position is done on an automatic basis. As clarified in the following section, you retain your ownership rights in your Status Submissions. You understand that whether or not such Status Submissions are published, Flying Squirrel does not guarantee any confidentiality with respect to any submissions. B. You shall be solely responsible for your own Status Submissions and the consequences of posting or publishing them. Because Flying Squirrel is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of Flying Squirrel, and Flying Squirrel makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Flying Squirrel to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Status Submissions to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Status Submissions, but you have to have the rights in the first place. However, by submitting the Status Submissions to Flying Squirrel, you hereby grant Flying Squirrel a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the TravelMates Service and Flying Squirrel’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the TravelMates Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the TravelMates Service a non-exclusive license to access your Status Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Status Submission from the TravelMates Service. C. In connection with Status Submissions, you further agree that you will not: (i) 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 Flying Squirrel all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Flying Squirrel or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks. D. Adult content must be identified as such. Flying Squirrel does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and Flying Squirrel expressly disclaims any and all liability in connection with Status Submissions. Flying Squirrel does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and Flying Squirrel will remove all content and Status Submissions if properly notified that such content or Status Submission infringes on another’s intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (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 at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) Information reasonably sufficient to permit the service provider 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. Such takedown notices may be emailed to support at www.flyingsqrl.com. Flying Squirrel reserves the right to remove content and Status Submissions without prior notice. Flying Squirrel may also terminate a user’s access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Status Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Flying Squirrel employees, agents, subagents, superagents or superheros. Flying Squirrel also reserves the right to decide whether content or a Status Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. Flying Squirrel may remove such Status Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. E. You understand that when using the TravelMates Service you will be exposed to Status Submissions from a variety of sources, and that Flying Squirrel is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Submissions, and that such Status Submissions are not the responsibility of Flying Squirrel. You further understand and acknowledge that you may be exposed to Status Submissions 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 Flying Squirrel with respect thereto, and agree to indemnify and hold Flying Squirrel, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Flying Squirrel Service. F. Flying Squirrel permits you to link to materials on the Service for personal purposes only. Flying Squirrel reserves the right to discontinue any aspect of the Flying Squirrel Service at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE TRAVELMATES SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FLYING SQUIRREL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. FLYING SQUIRREL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR 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 SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TRAVELMATES SERVICE. FLYING SQUIRREL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TRAVELMATES SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS SUBMISSION OR OTHER ADVERTISING, AND FLYING SQUIRREL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
You agree to defend, indemnify and hold harmless Flying Squirrel, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the TravelMates Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Status Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the TravelMates Service. We don’t support or encourage illegal consumption of alcohol or tobacco, so there.
9. Ability to Accept Terms of Service
You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the TravelMates Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the TravelMates Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. Flying Squirrel is the developer of the Service, with an address at 7221 East Medina Avenue, Mesa, Arizona 85209, United States of America, info at www.flyingsqrl.com.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Flying Squirrel without restriction.
The Information Flying Squirrel Collects
Flying Squirrel may obtain the following types of information from or concerning you or your mobile phone device, which may include information that can be used to identify you as specified below (“Personally Identifying Information”): User Provided Information: You provide certain Personally Identifiable Information, such as your Facebook username, push notification name (if applicable) and mobile device information to Flying Squirrel when choosing to participate in various uses of the TravelMates Service, such as registering as a user, updating your status or requesting status for your contacts. Cookies Information: When you visit the Flying Squirrel Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Flying Squirrel uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, the Flying Squirrel Site may not function properly if the ability to accept cookies is disabled. Log File Information: When you use the Flying Squirrel Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, one or more cookies that may uniquely identify your browser, your phone number, phone number you are requesting the status of and various status information. When you use the TravelMates Service, our servers log certain general information that our application sends whenever a message is sent or received, or if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
The Information Flying Squirrel Does Not Collect
Flying Squirrel does not collect names, emails, addresses or other contact information from its users’ mobile address book or contact lists other than mobile phone numbers—the TravelMates mobile application will associate whatever name the TravelMates user has assigned to the themselves — and this occurs dynamically on the mobile device itself and on Flying Squirrel’s servers. We do not collect location data, but users may voluntarily share their location with other users via the TravelMates Service. The contents of messages that have been delivered by the TravelMates Service are not copied, kept or archived by Flying Squirrel in the normal course of business. The TravelMates Service is meant to be a messaging supplement, using data service through a user’s phone (either via cell network or wifi). Users type their messages, which are sent via data service to our servers, and routed to the intended recipient (who must also be a TravelMates user), if that recipient is online. If the recipient is not online, the undelivered message is held in Flying Squirrel’s server until it can be delivered. If the message is undelivered for thirty (30) days, the undelivered message is deleted from our servers. Once a message has been delivered, it no longer resides on our servers. The contents of any delivered messages are not kept or retained by Flying Squirrel — the only records of the content of any delivered messages reside directly on the sender’s and recipient’s mobile devices (and which may be deleted at the user’s option). Notwithstanding the above, Flying Squirrel may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers involved in the messages, as well as any other information which Flying Squirrel is legally compelled to collect. Files that are sent through the TravelMates Service will reside on our servers after delivery for a short period of time, but are deleted and stripped of any identifiable information within a short period of time in accordance with our general retention policies.
The Way Flying Squirrel Uses Information
When Flying Squirrel Discloses Information
Other users of the TravelMates Service may see your Status Submissions in a way that is consistent with the use of the TravelMates Service. For example, a status of “Checked In, Time to go out” set by phone number user “x” will be available to every user of the TravelMates Service who is in your TravelMates list. In other words: If another user is in your TravelMates list, they will be able see your status information. Location and future location/overnight information is available and displayed to each user who is in your TravelMates list, and reflects the last approximate time the TravelMates mobile application has been used or brought to the foreground on your mobile phone or in the case of future locations/overnight the entries submitted in the “Overnights” tab of the TravelMates app. “Location” information is reported to Flying Squirrel when a user brings the mobile application to the foreground. We do not sell or share your Personally Identifiable Information (such as mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may share your Personally Identifiable Information with third party service providers to the extent that it is reasonably necessary to perform, improve or maintain the TravelMates Service. We may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, asset views, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Flying Squirrel Site. We may collect and release Personally Identifiable Information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), international law or respond to a court order, subpoena, or search warrant or equivalent, or where in our reasonable belief, an individual’s physical safety may be at risk or threatened. Flying Squirrel also reserves the right to disclose Personally Identifiable Information and/or non-personally-identifiable information that Flying Squirrel believes, in good faith, is appropriate or necessary to enforce our Terms of Service, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Flying Squirrel Site or our servers, and to protect the rights, property, or personal safety of Flying Squirrel, TravelMates, our users or others.
Third-party Advertisers, Links to Other Sites
We do not and will not advertise. Flying Squirrel is currently ad-free and we hope to keep it that way forever. We have no intention to introduce advertisement into the product, but if we ever do, will update this section.
Our Commitment To Data Security
Flying Squirrel uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Flying Squirrel and through the TravelMates Service and you do so at your own risk. Using unsecured wifi or other unprotected networks to submit messages through the TravelMates Service is never recommended. Once we receive your transmission of information, Flying Squirrel makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Flying Squirrel learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Flying Squirrel may post a notice on the Flying Squirrel Site or through the TravelMates Service if a security breach occurs.
Our Commitment To Childrens’ Privacy
Protecting the privacy of young children is especially important. For that reason, Flying Squirrel does not knowingly collect or maintain Personally Identifiable Information or non-personally-identifiable information on the TravelMates Service from persons under 16 years of age, and no part of the TravelMates Service is directed to or intended to be used by persons under 16. If you are under 16 years of age, then please do not use the TravelMates Service or access the Flying Squirrel Site at any time or in any manner. If Flying Squirrel learns that Personally Identifiable Information of persons under 16 years of age has been collected on the Flying Squirrel Site or TravelMates Service, then Flying Squirrel may deactivate the account and/or make the status submissions inaccessible. And always, think of the children!
Special Note to International Users
In the Event of Merger, Sale, or Bankruptcy
In the event that Flying Squirrel is acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the (hopefully) unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice