BY CONTINUING TO USE THE ONLINE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEFLY IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE ONLINE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE ONLINE SERVICES.
THEFLY MAY MODIFY THIS AGREEMENT FROM TIME TO TIME IN ITS SOLE DISCRETION AND YOUR CONTINUED USE OF THE ONLINE SERVICES SHALL CONSTITUTE ACCEPTANCE OF SUCH MODIFICATIONS.
LIMITATION OF LIABILITY: The Content appearing on the Online Services is obtained from sources considered reliable by TheFly. The accuracy or completeness of such Content cannot be guaranteed. NONE OF THE CONTENT APPEARING ON THE ONLINE SERVICES IS INTENDED BY THEFLY TO BE AN OFFER TO SELL, OR THE SOLICITATION OF AN OFFER TO BUY, OR A RECOMMENDATION TO PURCHASE, SELL OR HOLD any securities. TheFly believes the Content provided through its Online Services to be reliable, but accuracy is not warranted or guaranteed. TheFly shall not be responsible for any claim of loss or damage resulting from reliance on such Content or any consequential, special, or similar damages. You agree that any liability resulting from any kind of legal claim against TheFly with respect to the Online Services shall not exceed the amount you paid to TheFly for use of the Online Services.
The Content provided on the Online Services is intended for informational purposes only and does not claim to be actionable for investment decisions. TheFly's staff does NOT provide any individual investment advice or money management assistance. TheFly's employees are not brokers, dealers or registered investment advisors and do not attempt to influence the sale or purchase of securities. Nor does TheFly respond to any email requests for guidance with regard to securities.
PROPERTY RIGHTS: The Content available through the Online Services are the property of TheFly or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have TheFly’s written consent, you may not use, sell, publish, distribute, retransmit or otherwise provide access to any Content received through the Online Services to anyone.
SINGLE USE ACCESS: Only one individual may access the Online Services at the same time using the same username or password, unless TheFly agrees otherwise.
You are not permitted to use the Online Services for the purpose of regularly providing other users with access to Content from the Online Services. While you may occasionally download and store articles from the Online Services for your personal use, you may not otherwise provide others with access to such articles. The foregoing does not apply to any sharing functionality TheFly may provide through the Online Services that expressly allows you to share articles or links to articles with others. In addition, you may not use articles you have downloaded for personal use to develop or operate an automated trading system or for data or text mining.
Additional Restriction on Use of the Content:
You agree not to rearrange or modify the Content available through the Online Services. You agree not to display, post, frame, or scrape the Content for use on another website, app, blog, product, or service, except as otherwise expressly permitted by this Agreement. You agree not to create any derivative work based on or containing the Content. The framing or scraping of or in-line linking to the Online Services or any Content contained thereon and/or the use of WebCrawler, spidering or other automated means to access, copy, index, process and/or store any Content made available on or through the Online Services other than as expressly authorized by TheFly is prohibited.
You further agree to abide by exclusionary protocols (e.g., Robots.txt, Automated Content Access Protocol (ACAP), etc.) that may be used in connection with the Online Services. You may not access parts of the Online Services to which you are not authorized or attempt to circumvent any restrictions imposed on your use or access of the Online Services.
You may not use the Content, including without limitation, any Content made available through one of TheFly’s RSS Feeds, in any commercial product or service, without our express written consent.
You may not create apps, extensions, or other products and services that use Content without TheFly’s express written consent. You may not aggregate or otherwise use Content in a manner that could reasonably serve as a substitute for a subscription to any of the Online Services.
Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, local laws, or applicable foreign laws, rules, regulations, and treaties. TheFly requires users to respect its copyrights, trademarks, and other intellectual property rights and shall enforce same.
You may not access or view the Online Services with the use of any scripts, extensions, or programs that alter the way the Online Services are displayed, rendered, or transmitted to you without TheFly’s written consent.
You agree not to use the Online Services for any unlawful purpose. TheFly reserves the right to terminate or restrict your access to an Online Service if, in TheFly’s opinion, your use of the Online Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement.
This Agreement contains the final and entire agreement between TheFly and you regarding your use of the Online Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Online Services. We may discontinue or change the Online Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, United States of America, without regard to any conflict or choice of law principles. For all litigation which may be brought, subject to the requirements for arbitration hereunder, with respect to any controversy or claim, arising out of or relating to this Agreement or any relationship between TheFly and you, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of Union in the State of New Jersey. TheFly’s failure to enforce any provision of this Agreement or to respond to a breach by you or other parties of this Agreement shall not in any way waive our rights to subsequently enforce any term or condition of this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
This Agreement begins when you first use any of the Online Services. We reserve the right to terminate your Account or restrict access to your Account for any reason, including your breach of this Agreement.
This Agreement may only be modified by TheFly. Any changes will be posted to the Online Services and will apply prospectively.
Thefly.com, LLC, a New Jersey limited liability company and its parent company Theflyonthewall.com Inc., a New Jersey corporation (together, “TheFly”) respects your privacy and is committed to protecting it through compliance with this policy. This policy describes the types of information TheFly collects from you or that you may provide when you visit the Thefly.com website, Theflyonthewall.com website, m.TheFly.com mobile site (collectively, “Online Services”) and TheFly’s practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information TheFly collects:
It does not apply to information collected by:
CHILDREN UNDER THE AGE OF 13
The Online Services are intended for individuals 18 or over, and not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Online Services. TheFly does not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Online Services or on or through any of its features/register on the Online Services, make any purchases through the Online Services, use any of the interactive or public comment features of the Online Services or provide any information about yourself to TheFly, including your name, address, telephone number, email address, or any screen name or user name you may use. If TheFly learns that it has collected or received personal information from a child under 13 without verification of parental consent, TheFly will delete that information. If you believe TheFly might have any information from or about a child under 13, please contact us by mail at Thefly.com LLC, 428 Springfield Avenue, Summit, New Jersey 07901, or by e-mail at email@example.com.
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
TheFly collects several types of information from and about users of the Online Services, including information:
TheFly collects this information:
INFORMATION YOU PROVIDE TO THEFLY
The information TheFly collects on or through the Online Services may include:
INFORMATION THEFLY COLLECTS THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES
As you navigate through and interact with the Online Services, TheFly may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
TheFly also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information TheFly collects automatically can be statistical data and may include personal information, or TheFly may maintain it or associate it with personal information TheFly collects in other ways or receives from third parties. It helps TheFly improve the Online Services and deliver a better and more personalized service, including by enabling TheFly to:
The technologies TheFly uses for this automatic data collection may include the following.
HOW THEFLY USES YOUR INFORMATION
TheFly uses information that it collects about you or that you provide to TheFly, including any personal information:
Some of the personalization features of the Online Services may be performed through automated decision-making processes.
If you choose not to provide TheFly with your personal information, TheFly will not be able to provide you with the associated benefits such as a personalized experience on the Online Services, presentation of relevant content, advertisements, offers, promotions, or other purposes that you specify when TheFly requests this information.
In addition, TheFly uses your information to contact you about TheFly’s and third parties’ goods and services that may interest you. If you do not want TheFly to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use And Disclose Your Information below.
TheFly uses the information we have collected from you to enable TheFly to display advertisements to its advertisers’ target audiences. Even though TheFly does not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may automatically receive traffic information such as your IP address, and may assume that you meet its target criteria.
How To Manage Cookies From The Online Services
You can find out more information about how to change your browser cookie settings at www.allaboutcookies.org.
DISCLOSURE OF YOUR INFORMATION
TheFly may disclose aggregated information about its users, and information that does not identify any individual, in support of our business.
TheFly may also disclose your personal information:
Choices About How We Use And Disclose Your Information
TheFly strives to provide you with choices regarding the personal information you provide to TheFly. TheFly has created mechanisms to provide you with the following control over your information.
ACCESSING AND CORRECTING YOUR INFORMATION
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users of the Online Services that are California residents to request certain information regarding TheFly’s disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write to TheFly at: Thefly.com LLC, 428 Springfield Ave, Summit, NJ 07901.
TheFly has implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where TheFly has given you (or where you have chosen) a password for access to certain parts of the Online Services, you are responsible for keeping this password confidential. TheFly asks you not to share your password with anyone. TheFly urges you to be careful about giving out information in public areas of the Online Services like message boards. The information you share in public areas may be viewed by any user of the Online Services.
The transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Online Services. Any transmission of personal information is at your own risk. TheFly is not responsible for circumvention of any privacy settings or security measures contained on the Online Services.
NON-US USERS; USERS FROM THE EUROPEAN ECONOMIC AREA
If you are located in the European Economic Area (“EEA”), please note the following:
Data transfer: In order to ensure that your information is protected when transferred out of the EEA, TheFly relies on standard contractual clauses approved by the European Commission or by adopting other means to ensure that adequate safeguards are applied.
Individual data rights: Individuals from the EEA have certain rights under European law with respect to your personal data, including the right to request access to, correct, amend, delete, object to or limit the use of your personal data, or to request data portability. If you wish to exercise these rights, please reach out to us at email@example.com.
Legal basis: We note, for individuals from the EEA, that when TheFly obtains your personal data TheFly serves as a data controller, and TheFly processes your personal data pursuant to consent (such as, when you provide us with registration information), or to pursue legitimate business interests described above (such as to support direct marketing efforts, or to prevent fraud). If you believe that your personal information has been used in a manner that is not consistent with the relevant privacy policies listed above, please contact TheFly using the information below. You have a right to make a complaint regarding our data practices with the applicable supervisory authority in the members state of your residence.
Data Retention: For individuals in the EEA, TheFly’s policy is to retain your personal data until you terminate your account, or otherwise if needed to meet outstanding contractual requirements, retention requirements imposed by a legal process, or for operational or similar audit requirements.
TheFly welcomes your comments regarding this privacy statement. If you have questions about this statement or believe that TheFly has not adhered to it, please contact us by email at firstname.lastname@example.org.
Our address is: