Terms of Use


Home Flight Stories Rate My Flight About Us Travel Information Contact Us

Welcome to "My Bad Flight.com" (the "Site"). Thank you for visiting and have a great time!

It is important to us that you, and our other visitors, have the best possible time while using our Site, and that when you use this Site you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

Your Acceptance of Terms

If you do not agree with any of these Terms of Use please do not use this Site, because by using this Site you will be deemed to have irrevocably agreed to these terms.

Areas of this Site within the proprietary online service offered by My Bad Flight may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace these Terms of Use regarding any use of this Site, unless otherwise expressly stated.

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions.

How To Contact Us

This Site is controlled and operated by My Bad Flight LLC, P.O. Box 17021 Jersey City, NJ 07307. Please forward any comments or complaints to customerservice@mybadflight.com. Please forward any questions regarding privacy to privacy@mybadflight.com.

Your Registration

To access this Site or some of the resources it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide will be correct, current and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site or any of its resources, and to terminate or suspend your account.

Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

Communications Between My Bad Flight and Contributors/Users

If you indicate on your registration form that you want to receive such information, My Bad Flight, its owners and assigns, will allow certain third party vendors to provide you with information about products and services. My Bad Flight reserves the right (but not the obligation) to send electronic mail to you for the purpose of informing you of changes or additions to the Service. My Bad Flight reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our Site may collect and share information about you only if you indicate your acceptance. For more information please read the Privacy Policy of My Bad Flight. My Bad Flight may contact you via e-mail regarding your participation in user surveys, asking for feedback on the Site and existing or prospective products and services. This information will be used to improve our Site and better understand our users, and any information we obtain in such surveys will not be shared with third parties except in aggregate form.

Trademarks and Copyrights

This Site and all materials incorporated on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos or other images incorporated on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks ("Trademarks"). My Bad Flight respects the intellectual property rights of others and asks users of this Site to do the same.

Your Use of Material

Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.

You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by My Bad Flight. Any authorization to copy Material granted by My Bad Flight in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright, trademark and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is strictly prohibited.

Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. MY BAD FLIGHT AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN MY BAD FLIGHT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MY BAD FLIGHT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MY BAD FLIGHT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MY BAD FLIGHT'S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MY BAD FLIGHT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN MY BAD FLIGHT OR ANY SITES LINKED TO MY BAD FLIGHT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MY BAD FLIGHT MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN MY BAD FLIGHT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND MY BAD FLIGHT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF MY BAD FLIGHT. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

Limitation of Liability

MY BAD FLIGHT DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, MY BAD FLIGHT OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON MY BAD FLIGHT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF MY BAD FLIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT MY BAD FLIGHT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

My Bad Flight neither represents or endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

Forums

THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF MY BAD FLIGHT OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. MY BAD FLIGHT DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF MY BAD FLIGHT. MY BAD FLIGHT MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

Submissions, Postings and E-mails

My Bad Flight is interested in hearing from you. It is, however, our policy that any material you send to us will not be treated as confidential. Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by My Bad Flight) or privately transmitted on or through this Site are the sole responsibility of the sender, not My Bad Flight, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.

We at My Bad Flight require that you do not post e-mails or submit to or publish through Forums or otherwise make available on this Site any content, or act in a way, which in our opinion:

libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
advocates or promotes illegal activity;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers, metadata or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Site;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or 'Trojan horses' or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
copies any other pages or images on this Site except with appropriate authority;
includes MP3 format files;
amounts to a 'pyramid' or similar scheme;
amounts to 'data warehousing' (i.e., using any web space made available to you as storage for large files which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
contains links to other sites that contain the kind of content, which falls within the descriptions set out above.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by My Bad Flight anywhere on this Site (e.g., on any web space made available for your use).

System Abuse

Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person.

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

Security

Any passwords used for this Site are for individual use only. You shall be responsible for the security of your password (if any). My Bad Flight shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that My Bad Flight considers insecure or inappropriate, My Bad Flight will be entitled to require this to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, My Bad Flight reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

No Duty to Monitor

You agree that we are not liable for content that is provided by others. We have no duty to pre-screen content, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.

Investigations

My Bad Flight reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. My Bad Flight may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. My Bad Flight may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If My Bad Flight believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. My Bad Flight will fully cooperate with any law enforcement authorities or court order requesting or directing My Bad Flight to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS MY BAD FLIGHT FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY MY BAD FLIGHT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER MY BAD FLIGHT OR LAW ENFORCEMENT AUTHORITIES.

Service

My Bad Flight reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

No Spam

You may not transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages) through our Services. You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use our Services to violate the terms of this section. We may terminate immediately your access to our Services and take any other legal action if you, or anyone using your access to our Services, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining with in our computer or communications networks.

Use of Software

We may make software available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Use govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not sell or redistribute the software. You may not incorporate it or any portion of it into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt or create derivative works from the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

The software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (April 2008), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Dec. 2007). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405-1 through 48 C.F.R. 27.405-4 (Dec. 2007) and 48 C.F.R. 227.7202-1 through 48 C.F.R. 227.7202-4, all U.S. Government end users acquire the software with only those rights as set forth herein.

You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules and orders and obtaining all necessary authorizations and clearances.

Local Regulations

My Bad Flight makes no representation that Materials or other content in the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

Indemnity

You agree to indemnify and hold harmless My Bad Flight, its parent, subsidiaries and each of their respective officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto My Bad Flight's servers, and/or from any and all use of your account.

Our Use of Content

My Bad Flight will consider anything you provide to My Bad Flight and/or contribute to this Site as available for our use free of any obligations to you.

By posting or uploading any content to this Site and/or providing any communication or material to My Bad Flight ("User Content"), you automatically and irrevocably: (a) grant and assign to My Bad Flight any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by My Bad Flight and/or by any person authorized by My Bad Flight, by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (c) appoint My Bad Flight as your agent with full power to enter into any document and/or do any act My Bad Flight may consider appropriate to confirm the grant and assignment, consent and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that My Bad Flight shall not be liable for any use or disclosure of such User Content.

You acknowledge that any submissions you make to the Site (i.e., user-generated content including but not limited to: text, video, audio and photographs) (each, a "Submission") may be edited, removed, modified, published, transmitted and displayed by My Bad Flight and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. You grant My Bad Flight a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for My Bad Flight or any third party designees, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to My Bad Flight or any other website owned by us, including any Submission posted on My Bad Flight through a third party.

Third-Party Sites

This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of My Bad Flight, and you acknowledge that (whether or not such sites are affiliated in any way with My Bad Flight) My Bad Flight is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by My Bad Flight or any association with its operators.

[My Bad Flight cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from My Bad Flight since other channels are owned and operated by independent retailers. My Bad Flight does not endorse any of the merchandise, nor has My Bad Flight taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. My Bad Flight does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.]

Proprietary Online Services

Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

Jurisdictional Issues

The Materials and all other content in this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions and protectorates. The Site is controlled and operated by My Bad Flight from its offices within the State of New Jersey, United States of America.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New Jersey, as they are applied to agreements entered into and to be performed entirely within New Jersey. Any action you, any third party or My Bad Flight may bring to enforce these Terms of Use or, in connection with any matters related to the Site shall be brought only in either the State or Federal Courts located in Bergen County, New Jersey, and you expressly consent to the jurisdiction of said courts. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

Claims of Infringement

If you believe that any content appearing on this Site infringes your copyright rights, we at My Bad Flight want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below.

your name, address, telephone number, and e-mail address;
a description of the copyrighted work that you claim has been infringed;
the exact URL or a description of each place where alleged infringing material is located;
a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Jersey City, NJ 07307

My Bad Flight seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a “service provider” as defined in USC Section 512(c) or elsewhere.