How it works
Flytix offers an online reservation service for any ticketed event or show.
Print your tickets at home or receive them on your cellphone!
Take advantage of :
1 - Reservations guaranteed for you and / or your friends.
2 - No Waiting (Go through a priority entry)
3 - Enjoy special benefits, discounts, or priority invitations.
For additional information please see our terms and conditions.
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FacebookTerms of Use On The Fly
(Last Update: 16/5/2011)
The following are the terms of use (“Terms”) that govern the use of onthefly.bm, otfbermuda.com, flytix.bm and mobile versions thereof. These Terms, including On The Fly’s Privacy Policy, Ticket Purchase Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site (“Additional Terms”) are hereby incorporated by reference into the Terms. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. To the extent that there is any conflict between the Terms and the Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. These Terms will remain in full force and effect as long as you are a user of the Site and in the event of termination of any service or feature, you will still be bound by your obligations and under these Terms, including any indemnifications, warranties, and limitations of liability.
We reserve the right at any time:
- To amend and change these Terms;
- To change the Site, including eliminating or discontinuing any content on or feature of the Site;
- To change any fees or charges;
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms on the Site.
You can determine when these Terms were last revised by referring to the "Last Update" legend at the top of these Terms. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.
By using or attempting to use the Site, you certify that are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Site immediately.
If you have any questions about the Terms please email us at flyservice@onthefly.bm.
1. General
This website (“the Site”) is operated by On The Fly Limited. On The Fly's address is P.O. Box HM 3358, Hamilton Bermuda HM PX
If you have a complaint or inquiry regarding the sale of tickets, products or services on this Site please email us at flyservice@onthefly.bm or call at 441 295 2359.
2. Registration.
You may browse the Site and view content without registering and may purchase tickets without registering. However, a condition to using certain aspects of the Site, you may be required to register with On The Fly and select a password and screen name ("User ID"). You shall provide On The Fly with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your On The Fly account.
You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. On The Fly reserves the right to refuse registration, cancel a User ID or deny access to the Site in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your On The Fly password. You shall never use another user's account without such other user's express permission. You will immediately notify On The Fly in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. Your user name and password are personal to you.
You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases, as applicable) conducted through your account, and agree not to transfer or resell your use of or access to the Site to any third party.
We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password.
If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting www.onthefly.bm and immediately notify us of the problem by emailing us at privacy@onthefly.bm
3. Code of Conduct
In connection with User Content (as defined below) and your use of the Site, you agree that you will not:
- Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
- Use the Site or Materials for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Impersonate any person or entity, whether actual or fictitious, including any employee or representative of On The Fly;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us),
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
- Remove any copyright, trademark or other proprietary rights notices contained on the Site;
- "Frame" or "mirror" any part of the Site;
- Link to any page of or content on the Site other than the URL located at http://www.On The Fly.com;
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Site. Notwithstanding the foregoing, On The Fly grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. On The Fly reserves the right to revoke these exceptions either generally or in specific cases;
- Harvest or collect information about Site visitors or members without their express consent;
- Take any action that imposes or may impose (in On The Fly's sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure;
- Access, reload or "refresh" transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
- Request more than 1,000 pages of the Site in any twenty-four hour period, whether alone or acting in concert with a group of individuals;
- Use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in a presale or other offer on the Site if you are not the original recipient of such passcode or password (i.e., if you did not receive the passcode or password from On The Fly or if your participation in such presale or other offer is inconsistent with such presale's or offer's terms.
While using the Site, you agree to comply with all applicable laws, rules and regulations.
4. Ownership and Restrictions on Use
The information and materials provided on or through the Site, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the "Materials") are owned exclusively by On The Fly and/or are reproduced with the permission of the owners, and are intended to educate and inform you about the events, venues and other services offered or described on the Site.
Subject to your compliance with these Terms, you may download one (1) copy of any Materials displayed on the Site, and you may use such downloaded Materials solely for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained therein. On The Fly cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully.
Subject to your compliance with these Terms, we grant you a limited license to use the Site and Materials; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Site and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose.
Use of the Site and Materials for any purpose other than as expressly authorized in these Terms is a violation of our copyrights and other proprietary rights, and is strictly prohibited.
The Site, including all Site software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and "look and feel" and arrangement of items, is owned and operated by On The Fly and will remain the property of On The Fly.
The Site is protected by Bermuda and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of On The Fly, On The Fly's licensors and suppliers, and others.
The Trademarks owned by On The Fly, whether registered or unregistered, may not be used in connection with any product or service that is not offered by On The Fly, in any manner that is likely to cause confusion with customers, or in any manner that disparages On The Fly. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of On The Fly, On The Fly's licensors or suppliers, or the third party owner of any such Trademark.
Misuse of any Trademarks is prohibited, and On The Fly will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
5. Making Purchases.
Please review the Ticket Purchase Policy, which will govern your order or purchase of any tickets through the Site. If you wish to purchase tickets, products or services described on the Site (each such purchase, a "Transaction"), you will be asked to supply certain information applicable to your Transaction, including, without limitation, credit card and other information.
You understand that any such information will be treated by On The Fly in the manner described in our Privacy Policy.
You agree that all information that you provide in connection with your purchase will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. The sale or purchase of tickets to entertainment events may be regulated by Bermuda laws or regulations. You acknowledge that complying with laws is your responsibility, and YOU AGREE TO HOLD ON THE FLY HARMLESS AND NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND REGULATORY BODIES AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT.
You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards belonging to you, friends or immediate family members who expressly authorize such use, for the purpose of purchasing tickets.
You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol ("IP") addresses or email addresses to use or to purchase tickets on the Site.
You grant On The Fly the right to provide any information you submit to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service.
Verification of information applicable to a purchase may be required prior to On The Fly's acceptance of any order. Price and availability of any event or service are subject to change without notice.
Refunds and exchanges will be subject to On The Fly's refund and exchange policies then in effect.
6. Information Provided by On The Fly.
Descriptions or images of, or references to, products or services on the Site do not imply On The Fly's endorsement of such products or services.
Although On The Fly strives to provide materials and information that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although On The Fly endeavors to use reasonable care in assembling the materials, the materials may not be up-to-date, accurate or complete.
In addition, portions of the materials have been contributed to the Site by various artists, sports organisations and other persons. The inclusion of such information does not indicate any approval or endorsement thereof, and On The Fly expressly disclaims any liability with respect to the foregoing.
7. Claims of Copyright Infringement.
On The Fly will act in good faith to prevent breaches of and infringement of intellectual property rights. If you believe in good faith that materials hosted by On The Fly infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow On The Fly to locate the material on the Site;
(d) the name, address, telephone number and email address (if available) of the complaining party;
(e) 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
(f) a statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. Access By Minors.
On The Fly cannot prohibit minors from visiting this site. On The Fly must rely on parents, guardians and those responsible for supervising children minors to decide which materials are appropriate for such children to view and/or purchase.
9. Access from Outside Bermuda.
The Site is primarily directed to individuals residing in Bermuda or visitors to Bermuda and promotes events or services in Bermuda. We make no representation that materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent local laws are applicable.
We reserve the right to limit the availability of the Site and/or the provision of service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.
10. Rules for Promotions, Contests and Games.
In addition to these Terms, any sweepstakes, contests, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by Additional Terms that are separate from these Terms.
By participating in any such Promotion, you will become subject to these Additional Terms which may vary from the terms and conditions set forth herein.
On The Fly urges you to review Additional Terms applicable to a particular Promotion, linked to such Promotion, and to review our Privacy Policy, which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent that the Additional Terms conflict with these Terms, the terms and conditions of the Additional Terms shall control with respect to the particular Promotion.
11. Mobile Messaging.
On The Fly offers various browsing and mobile messaging services including, without limitation, alerts, contests, sweepstakes and offers for services or tickets. You may choose to receive On The Fly mobile alerts by signing up or entering a mobile promotion. Mobile messaging is provided by your wireless SMS carrier and your participation is also subject to the Wireless provider’s terms of service. You may view these terms of service at the website of your wireless provider.
Standard/other text messaging and data rates may apply, according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier's pricing plan to determine the charges for browsing data and sending and receiving text messages. Under no circumstances will On The Fly or its affiliates be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion. If your carrier does not permit text alerts, you may not receive the On The Fly text alerts. Pre-paid phones or calling plans may not be supported. You may receive a bounceback message for every message you send to On The Fly.
You may opt out of any alerts by replying with the text "STOP" to such alert or sending the message "STOP" to the shortcode provided. If you sent the text "STOP" to the shortcode, you will no longer receive any text messages including, without limitation, advance notices of ticket sales. We will make every attempt to remove your mobile telephone number from the On The Fly text database as soon as possible, but please allow up to ten (10) days.
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you know of any changes.
On The Fly disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in On The Fly mobile messaging. On The Fly disclaims any responsibility for the deletion, failure to store, mis-delivery or untimely delivery of any information or material by On The Fly or by you. On The Fly disclaims any responsibility for any harm resulting from information or material through On The Fly mobile messaging.
12. Termination.
These Terms shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under these Terms or otherwise. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that On The Fly may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files.
You agree that On The Fly shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
13. Breach of these Terms or Law; Injunctive, Equitable Relief, and Damages.
Breach and violations of these Terms, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive action.
You understand and agree that in On The Fly's sole discretion, and without prior notice, On The Fly may terminate and block your access to the Site or to On The Fly's other services, cancel your ticket order and/or tickets acquired through your order, refuse to honour pending and future purchases made from all credit card accounts or online accounts On The Fly believes may be associated with you, cancel a ticket or ticket order associated with any person acting or believed to be acting in concert with you, cancel your ticket postings, remove any unauthorized User Content or exercise any other remedy available, if On The Fly believes that your conduct or the conduct of any person with whom On The Fly believes you act in concert, or the User Content you provide, violates or is inconsistent with these Terms or the law, or violates the rights of On The Fly, a client of On The Fly or another user of the Site.
Breaching or violating any limitations or terms including but not limited to utilizing automated means to process or place ticket orders or ordering a number of tickets that exceeds the stated limit will be deemed to be a breach of these Terms.
If we are unable to verify or authenticate any information you provide during any registration, ordering, purchase, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honour all pending and future ticket purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Site.
You agree and acknowledge that monetary damages may not provide a sufficient remedy to On The Fly for violations of these Terms and you consent to injunctive or other equitable relief consequent on such breaches.
You agree that abusive use of the Site, as set out above, causes damage and harm to On The Fly in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to abusive use of the Site.
You further agree that damages for abusive use of the Site can be difficult to ascertain and that proof of monetary damages for abusive use can be costly to establish.
Accordingly you agree that On The Fly is entitled to damages for abusive use of the Site and breach of any Terms, including the costs and expenses of proving such losses which will be fully recoverable from you.
On The Fly is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of On The Fly's rights.
Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this Site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the Site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
14. Disclaimer
THE SITE, THE MATERIALS ON THE SITE, AND ANY TICKET, PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ON THE FLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
ON THE FLY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF ON THE FLY, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. ON THE FLY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY EVENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ON THE FLY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR 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. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
The information, materials and content on the Site could include inaccuracies or errors, or information or materials that violate these Terms (specifically, the Code of Conduct above). Additionally, unauthorized alterations could be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to completeness or correctness of information or materials on the Site. In the event that a situation arises in which the completeness or correctness of information or material on the Site is in question, please contact us at flyservice@ontehfly.bm with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement," above.
15. Limitation of Liability.
NEITHER ON THE FLY NOR ANY OF OUR AGENTS, OFFICERS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, DAMAGES, INCLUDING PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE.
WITHOUT IN ANY WAY LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ON THE FLY SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE SITE TO CONFORM TO THE CODES OF CONDUCT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ON THE FLY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE 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 SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF ON THE FLY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
16. Indemnification.
You agree to indemnify, defend and hold On The Fly, its agents, officers, directors, employees, affiliates, shareholders, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, including any violation of the Code of Conduct, above; [(b) any allegation that any User Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
17. Disputes and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Bermuda. In the event of a dispute, the parties (you and On The Fly) agree to submit to the non-exclusive jurisdiction of the Supreme Court of Bermuda.
18. Privacy.
We believe that your privacy and the privacy of all our users is important. These Terms are subject to the Privacy Policy, which is hereby incorporated by reference. On The Fly will not be responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party to whom On The Fly is allowed to disclose your contact information under the Privacy Policy. If you post any User Content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. When we say in these Terms "post" we mean the provision of information to the Site through features of the Site that are used to make information available to other members of the public (e.g., user reviews, bulletin boards, chat rooms, etc.). Information that is posted to the Site shall not be subject to the Privacy Policy and may be publicly displayed and disclosed and otherwise used by On The Fly or any third party in any way. By posting User Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use such User Content. You should not post information about yourself on the Site that can be used to identify or contact you, including, but not limited to, your name, home or work address, phone numbers, email address or other such information. If you post such information, On The Fly cannot prevent it from being used in a manner that violates these Terms, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms, and you assume the risks and sole liability for the results of such posting.
