Terms of Service
Thirteen Digital, LLC owns and operates the Fly Sumo service. Thirteen Digital, LLC ("Fly Sumo", “we”, “us” or “our”) agrees to furnish services to the Subscriber (the “Subscriber”, “you” or “your”), subject to the following Terms of Service. Use of our service constitutes acceptance and agreement to our Terms of Service. We reserve the right to modify the Terms of Service without notice.
Use of Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
Acceptable Conduct and Prohibited Usage
By using this site, you agree to follow all applicable laws and regulations and are responsible for what you post. Do not post any content that is illegal, abusive, harassing, defamatory, fraudulent, infringing, or offensive. You also agree not to engage in spamming, hacking, or impersonating someone else. The site does not endorse user-generated content and has the right to remove it if it is deemed harmful or violates the terms of service. You may not interfere with other users' enjoyment of the site. This means intentional misuse of system resources, including but not limited to consuming excessive network capacity, CPU cycles, or disk IO. If you violate these terms, your account may be terminated. We will cooperate with law enforcement in the case of any security violations. reserves the right to terminate your membership, account, or affiliation with the site without prior notice if you violate any of the provisions outlined in the terms of service.
Although you can hide all content behind a link / URL within our service, all photos and content are considered publically available using a link / URL. Any content considered sensitive shall not be added to our service.
Invoicing And Payment
You agree that we shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by us may be turned over to an outside collection agency for collection.
Subscriber is aware that we may prospectively change the specified rates and charges from time to time.
We are not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by us. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused services when customer retains any active service.
If you upgrade your plan, your current subscription will be prorated and only charged the difference.
Except when required by law, paid subscription fees are non-refundable.
Refund requests for subscriptions may be considered by us on a case-by-case basis and granted at our sole discretion.
Account Cancellation Or Suspension
You agree that we have the right, at our sole discretion, to terminate or suspend your access to any or all portions of the site, with or without notice and for any reason, including but not limited to breach of these Terms of Service. In case of any suspected fraudulent, abusive, or illegal activity, we may terminate your account and may refer the matter to the relevant law enforcement authorities.
Upon termination or suspension, your right to use the services provided on this site will immediately cease. We will promptly deactivate or delete your account, along with all related information and files, and bar any further access to such files or the site. You agree that we will not be held liable to you or any third party for any claims or damages resulting from the termination or suspension of your account or any other actions taken by us in connection with such termination or suspension.
Disclosure To Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that we may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, we shall have the right to terminate all service set forth in this Agreement.
You hereby grant Thirteen Digital, LLC, the worldwide, royalty-free, non-exclusive right to host and use your content to provide you with our services. You also confirm that you have all the necessary rights to grant this license.
This license also includes using your content in connection with the operation of this service, with proper attribution to you as indicated by your submitted credits such as name, profile picture, and other accompanying information.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You release us from all liability for you having acquired or not acquired Content through our Services. We make no representations concerning any Content contained in or accessed through our Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SERVICE OR OF ANY WEB SERVICE REFERENCED OR LINKED TO FROM THIS SERVICE
You hereby indemnify to the fullest extent Thirteen Digital, LLC from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If you have any questions about these Terms and Conditions, do not hesitate to contact us.