Terms of Service
We suggest that you read through this, or at least skim.
- You must be 18 years or older to use this service.
- You must provide your full legal name, a valid e-mail address, and any other information needed in order to complete the sign up process.
- You are responsible for keeping your password secure. Flying Cart cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You may not use the Flying Cart service for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States of America.
- You are responsible for all activity and content (data, graphics, photos, and links) that is uploaded to your Flying Cart store.
- You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any of the use terms as determined in the sole discretion of Flying Cart will result in an immediate termination of your account.
- We reserve the right to modify or terminate your store for any reason, without notice at anytime.
- We reserve the right to refuse a store to anyone for any reason at anytime.
- Your use of our Flying Cart service is at your sole risk. The service is provided on an 'as is' and 'as available' basis without any warranty or condition, express, implied or statutory.
- Flying Cart does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- Flying Cart does not warrant that the results that may be obtained for the use of the service will be accurate or reliable.
- You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmission over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- Flying Cart does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, or that any errors in the service will be corrected.
- You expressly understand and agree that Flying Cart shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall Flying Cart or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parents, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Technical support is only provided to paying account holders and is only available via email.
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, or access to the service without the express written permission of Flying Cart.
- Verbal or written abuse of any kind (including threats of abuse or retribution) for any Flying Cart customer, Flying Cart employee, member, or office will result in immediate account termination.
- We do not claim any intellectual property rights over the material you provide to the Flying Cart service. All material you upload remains yours. You can remove your Flying Cart store at any time by contacting us to delete your account. This will also remove all content you have stored in the service.
- By uploading images and item description content to Flying Cart and related sub-domains, you agree to allow other Internet users to view them and you agree to allow Flying Cart to display and store them and you agree that Flying Cart can, at any time, review all the content submitted by you to its service.
- You retain ownership over all content that you submit to a Flying Cart store however, by making your store public, you agree to allow others to view your content.
- Flying Cart does not pre-screen content and it is in their sole discretion to refuse or remove any content that is available via the service.
Cancellation and Termination
- You may cancel your account at anytime. You are solely responsible for canceling your account under the "Account" tab in your store headquarters.
- Once your account is canceled all your content will be immediately taken down and you will no longer be able to access your store.
- Flying Cart is a pay as you go service and does not give refunds for any monthly or yearly fees. However we understand there are special cases and will work with you if you feel a refund is in order. Please contact us if you feel you are a special case.
- Upon cancellation Flying Cart will terminate your billing cycle and will never bill you again.
- Flying Cart reserves the right to modify or terminate the Flying Cart service for any reason, without notice at anytime.
- Fraud: Without limiting any other remedies, Flying Cart may suspend or terminate you account if we suspect that you (by conviction, settlement, insurance, or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the site.
- If your account is canceled due to lack of payment a $60 reactivation fee will apply.
- If you cancel your account and wish to bring your store back a $60 reactivation fee will apply.
- Any store that offers money order as the only method of payment must either have a valid PayPal or Google Checkout account or be a registered business. Not adhering to this policy will be grounds for account termination.
Modifications to the Service and Prices
- Prices for using Flying Cart are subject to change upon 7 days notice from Flying Cart. Such notice may be provided at any time by posting the changes to the Flying Cart website or the administration menu of your Flying Cart store via announcement.
- All transactions are logged and customers are charged every month (unless a yearly plan is chosen) based on the day they registered (example: if you subscribed on May 10th you will be billed the 10th of every month).
- Yearly paying customers will be charged every year based on the day they registered (example: if you subscribed on May 10th, 2008 you will be billed again on May 10th, 2009).
- Flying Cart reserves the right at any time to time to modify or discontinue, the service (or any part thereof) with a 30 day notice.
- Flying Cart shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.