Terms of Use

Fighter Cries Terms of Use

These terms and conditions (“Terms of Use”) are presented by Fighter Cries. (hereafter referred to as “we,” “us,” “our,” or “Fighter Cries”) and govern your use of the Fighter Cries website including but not limited to; all content, profiles, listings, offers, deals, information, services, designs, names, logos, description, text, locations, photographs, video, audio, audiovisual works, graphics, user interfaces, and software ordered or provided on or through the Site located at FighterCries.org (the “Site” or “Service”), Please note, our Site may feature content about medical products and other related services that are illegal under Federal Law and may be illegal under state law in certain states. Please also see our privacy policy (“Privacy Policy”), located at FighterCries.org/privacy-policy.

This is a legally binding agreement between you and Fighter Cries. Your use of the Site constitutes your acceptance of, and agreement to follow and be bound by, such policies and by these Terms of Use. Fighter Cries reserves the right, at any time, to modify, alter, or update the Site, all policies, and these Terms of Use. Each time you access the Site, you are agreeing to these Terms of Use. If you do not wish to be bound by these Terms of Use, you may not access or use the Site.

As we learn and grow, we may update our Terms of Use, so please check back often. These Terms of Use were last updated on or around June 10th, 2020. All amended terms shall automatically be effective at the time and date they are initially posted on the Site. We reserve the right to make changes to any terms at any time. We shall, however, provide notification to You of material changes becoming effective by posting on the Site the effective date of the new updated Terms of Use for the Site. If you continue to access and/or use the Site after the effective date of such changes, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Terms of Use as changed. The revised Terms of Use supersede all previous notices or statements regarding the Site. For this reason, we encourage you to review these Terms of Use any time you access or use the Site, and you may print out a copy for your records that You agree to accept these Terms of Use and any other policies or agreements set forth or available on or through the Site.

By accessing, browsing, and/or using the Site, including all materials made available on or accessed through the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws.

When you interact with us through the Site by sending us an email or other electronic communication, we interpret, and you agree, that such communication satisfies any requirement under the law that such communication is a legal writing. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Eligibility

You must be 18 years of age or older to use the Site and/or Services within the United States.

IMPORTANT DISCLAIMERS

ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY INCLUDING ALL FEATURES AND CONTENT. CONTENT POSTED BY US ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD PARTY MATERIALS. WE ARE NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY VOLUNTEER, GUEST AUTHORS, ADVENTURE GUIDES, TRAVEL AGENCIES, HOTELS OR ACCOMMODATIONS, AIRLINES, TRAVEL BLOGS OR OTHER USERS OF THE SITE OR SERVICES. WE ARE NOT OBLIGATED TO SCREEN VOLUNTEER, GUEST AUTHORS, ADVENTURE GUIDES, TRAVEL AGENCIES, HOTELS OR ACCOMMODATIONS, AIRLINES, TRAVEL BLOGS, OR THEIR SERVICES OR STAFF TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THEIR PRODUCTS, SERVICES OR OTHER INFORMATION THEY PROVIDE.

FIGHTER CRIES DOES NOT OFFER MEDICAL ADVICE IN ANY WAY. ANY INFORMATION ACCESSED THROUGH THE SITE AND SERVICES, OR WITHIN ANY OF OUR SOCIAL MEDIA PAGES OR CHANNELS IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY, IS NOT INTENDED TO BE A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND IS NOT INTENDED TO COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS, OR ADVERSE EFFECTS. SUCH INFORMATION INCLUDES, WITHOUT LIMITATION, THIRD-PARTY MATERIALS, USER CONTENT, AND FIGHTER CRIES GENERATED CONTENT DERIVED FROM USER CONTENT (E.G., SUGGESTIONS, REVIEWS, TIPS, IMAGES, AND OTHER DATA). THE INFORMATION ON THE SITE AND SERVICES AND PROVIDED VIA OUR SOCIAL MEDIA PAGES AND CHANNELS SHOULD NOT BE USED FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION. ALWAYS CONSULT YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS ABOUT A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE, SERVICES, OR ON OUR SOCIAL MEDIA PAGES AND CHANNELS.

THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Site & Services

The Site and the Fighter Cries services function as an Entertainment and information service for adult users in jurisdictions where the use is legally permissible. Fighter Cries is not a merchant of medical products, services, or provider of any retail, or delivery services in connection therewith, and does not control the participating guest authors, volunteers, attornies, brand ambassadors, adventure guides, travel agencies, hotels, airlines, organizations or other businesses featured on the Site or the production of any medical products, or any retail, pickup, or delivery services therewith.

Fighter Cries does not in any way verify the credentials or representations of any individual, volunteer, guest authors, brand ambassadors, adventure guides, travel agencies, hotels, airlines, or business, or the information on the Site, the quality of their products or services, or compliance with applicable laws.

Fighter Cries does not guarantee the quality of any individual, volunteer, guest author, brand ambassador, adventure guide, travel agency, hotel, airline, business, or any product or service offered in connection therewith or any compliance thereof with applicable laws. Additionally, an individual, volunteer, guest author, brand ambassador, adventure guide, travel agency, hotel, airline, or business, may represent certain standards with respect to their products such as “organic” or “sustainable;” Fighter Cries does not investigate or verify any such representations. Fighter Cries shall not be liable or responsible for any products or services offered by any individual, volunteer, guest author, brand ambassador, adventure guide, travel agency, hotel, airline, or business, or any errors or misrepresentations made by them (including on the Site). You also acknowledge and agree that Fighter Cries will have no obligation to provide you with any support or maintenance in connection with the Site or Services.

Fighter Cries Intellectual Property

Fighter Cries name and logo designs are trademarks or trade dress of Fighter Cries and/or its related entities in the U.S. and other countries, whether or not federal registration has been pursued (“Fighter Cries’s Trademarks”). Fighter Cries’ Trademarks and trade dress may not be used without permission and may not be used in connection with any product or service that is not a Fighter Cries-endorsed product or service. All other trademarks not owned by Fighter Cries that appear on the Site are the property of their respective owners.

User Content

We may use all user content included in or made available through the Site, such as profiles, reviews, text, graphics, court documents, photographs, logos, images, audio clips, digital downloads, and data (collectively the “Materials”) in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ( referred to as “Other Media”). As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use the Materials for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access the Materials in connection with their use of the Site and any Other Media. Finally, you irrevocably waive and cause to be waived, against Fighter Cries and its users any claims and assertions of moral rights or attribution with respect to the Materials. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of the Materials.

You acknowledge and agree that Fighter Cries is not responsible for any user content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Fighter Cries does not assume and will not have any liability or responsibility to you or any other person or user for your use or misuse of any User Content.

You agree not to use the Site, Services, or any of Fighter Cries’s social media pages or channels to collect, upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third-party.

You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third-party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Fighter Cries. Because you alone are responsible for your User Content (and not Fighter Cries), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy or other applicable laws. Fighter Cries is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.

Offers

The Site or Services might display, include, or make available guided tours or trips, adventures, offers, coupons, promotional codes, giveaways, samples, and or other products from various members or partners (collectively, “Offers”). Offers constitute “Third Party Materials” under this Agreement. Fighter Cries displays these Offers on the Site and Services as a form of connecting users or as a form of advertisement for the listing individual, volunteer, guest authors, brand ambassadors, adventure guides, travel agencies, hotels, airlines,  or business (the “Offeror”) only. All Offers are offered directly by the applicable Offeror and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions or restrictions are expressly included on the Site or Services. The Offeror, and not Fighter Cries, is solely responsible for: (a) redemption of the Offer; (b) compliance of all aspects of the Offer with applicable law (including without limit, the collection, distribution, advertisement, redemption, and terms, conditions, and restrictions related thereto); (c) all goods and services it provides to you in connection with the Offer; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Offer or not.

Digital Millennium Copyright Act:

Fighter Cries respects the intellectual property rights of others. If you believe in good faith that materials hosted by Fighter Cries infringe your copyright (for example, materials posted by a user in connection with a review), you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see the following requirements and specific instructions for submitting a notice to Fighter Cries. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, then please contact our DMCA Agent with the following information (please consult your attorney to better understand your rights and obligations under Section 512(c) of the Copyright Act and other laws):

  • An electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL, etc.);
  • Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material)
  • Your address, telephone number, and email address;
  • A statement that you have a good faith belief that the disputed use is not authorized or consented to by the copyright or intellectual property owner, its agent, or the law; and
  • A statement, made under penalty of perjury, that the above information in the notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Please send this written notice to our designated agent as follow: contact@FighterCries.org

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing, or that the material or activity was removed or disabled by mistake may be subject to liability. Please also be advised that we enforce a policy of terminating the accounts of repeat infringers. A repeat infringer includes any user who has made two or more postings for which we receive a notice of infringement under this DMCA Notice and Takedown Procedure.

Your Postings on the Site

The Site allows users to interact with other users by uploading Materials to the Site. You are entirely responsible for the content of, and any harm resulting from, your use of and uploading of your Materials. When you publish or post a Materials, you hereby represent and warrant that:

  • the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Materials does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
  • you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Fighter Cries and the Site, and all other uses thereof, to use your Materials as necessary to exercise the licenses granted by you under these Terms of Use;
  • your Materials are not (in all cases as determined by Fighter Cries in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, discriminatory, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
  • your Materials do not constitute, contain, install or attempt to install or promote or otherwise contain any viruses, worms, Trojan horses, malicious code, spyware, malware, or other or any other computer code or harmful or destructive content, whether on Fighter Cries or others. computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party;
  • your Materials do not inundate the Site with communications or other traffic suggesting no serious intent to use the Site for its stated purpose;
  • your Materials do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation; and
  • your Materials do not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Fighter Cries in its sole and absolute discretion.

Fighter Cries has the right, in its sole and absolute discretion, to (i) edit, redact, or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms of Use. Fighter Cries may accept, reject, or remove any Contributions, including but not limited to Contributions from individuals, volunteers, guest authors, brand ambassadors, adventure guides, travel agencies, hotels, airlines, or businesses, in its sole and absolute discretion, but Fighter Cries has absolutely no obligation to screen or delete Contributions under any circumstances. If you are posting a profile, request, offer, or any other content you must comply with the following criteria:

  • you should have firsthand experience with the Services or Business
  • you are the owner or employee of guest authors, brand ambassadors, adventure guides, travel agencies, hotels, airlines, or business;
  • you will not make any false statements, provide misleading information, or make unfounded conclusions about Offers, products, services, or conduct; and
  • your posts and profiles must comply with the other Materials representations, warranties, covenants, and other agreements in these Terms of Use. Post and Profiles are not endorsed by Fighter Cries and do not represent the views of Fighter Cries or of any affiliate or partner of Fighter Cries. Fighter Cries does not assume liability for any review or for any claims, liabilities or losses resulting from any content.

Purchases

Generally. From time to time, Fighter Cries may offer products and services for purchase (“on site purchase” or “in app purchases”) through iTunes, Google Play, or other providers with direct billing or other payment platforms authorized by Fighter Cries. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (referred to as “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Fighter Cries or the third party account, as applicable, to charge you.

Additional Terms that apply if you pay Fighter Cries directly with your Payment Method. If you pay Fighter Cries directly, Fighter Cries may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a charge-back or otherwise reverse a payment made with your Payment Method, Fighter Cries may terminate your account immediately in its sole discretion.

You may edit your Payment Method information by visiting Fighter Cries and going to “Profile”, “Settings”, then “Payment Method”. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you reside outside of the Americas, you agree that your payment to Fighter Cries will be through Stripe.

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Fighter Cries) before using your subscription, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

To request a refund:

If you subscribed using your Apple ID, refunds are handled by Apple, not Fighter Cries. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.

If you subscribed using your Google Play Store account or through Fighter Cries directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or Fighter Cries (you can find this on your confirmation email).

Third Party Events & Booking Services

The Fighter Cries site may offer you the ability to search for, select, and book travel reservations with third-party suppliers without leaving the Services. Before booking travel reservations via the website or app, you will become an account holder.

By booking via Fighter Cries sites, you acknowledge that you accept the practices described in our Privacy Policy and this Agreement. In addition, you warrant, either in your individual capacity or as a business representative, that you are 18 years of age or older, that you possess the legal authority to enter into this Agreement and use the Services in accordance with this Agreement, and that all information you supply is true and accurate. You further agree that you will use Fighter Cries booking facilitation services only to make legitimate reservations for you or others for whom you are legally authorized to act. Any false or fraudulent reservation is prohibited, and any user who attempts such a reservation may have his or her account terminated.

AS A USER OF THE SERVICES, INCLUDING Fighter Cries COMPANIES’ BOOKING FACILITATION SERVICES, YOU UNDERSTAND AND AGREE THAT: (1)FIGHTER CRIES WILL NOT HAVE ANY LIABILITY TO YOU OR OTHERS FOR ANY UNAUTHORIZED TRANSACTIONS MADE USING YOUR PASSWORD OR ACCOUNT; AND (2) THE UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO Fighter Cries, ITS CORPORATE AFFILIATES AND/OR OTHERS.

When you book a reservation facilitated by Fighter Cries site, your payment information will be collected and transmitted to the supplier to complete the transaction, as described in our Privacy Policy. Please note that the supplier, not Fighter Cries, is responsible for processing your payment and fulfilling your reservation.

Fighter Cries will not interfere with reservations arbitrarily, but reserves the right to withdraw booking facilitation services because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a reservation request may be fraudulent. Fighter Cries also reserves the right to take steps to verify your identity to process your reservation request.

In the unlikely event that a reservation is available when you place an order but becomes unavailable prior to check-in, your sole remedy will be to contact the supplier to make alternative arrangements or to cancel your reservation.

Third-Party Travel Providers. Fighter Cries is not a travel agency and does not provide or own transportation services, accommodations, restaurants, tours, activities or experiences. Although Fighter Cries displays information about properties owned by third-party suppliers, such actions do not in any way imply, suggest or constitute Fighter Cries’s sponsorship or approval of third-party suppliers, or any affiliation between Fighter Cries and third-party suppliers. Although users may leave tips about or rate and review particular transportation services, accommodations, restaurants, tours, activities or experiences based on their own experiences, Fighter Cries does not endorse or recommend the products or services of any third-party suppliers, save that Fighter Cries specified affiliations. Fighter Cries do not endorse any Content posted, submitted or otherwise provided by any user or business, or any opinion, recommendation or advice expressed therein, and Fighter Cries expressly disclaim any and all liability in connection with such Content. You agree that Fighter Cries are not responsible for the accuracy or completeness of information they obtain from third-party suppliers and display on the Services.

If you book a reservation with a third-party supplier, then in addition to this Agreement, you agree to review and be bound by the supplier’s terms and conditions of purchase and website use, privacy policy and any other rules or policies related to the supplier’s site or property. Your interactions with third-party suppliers are at your own risk. Fighter Cries will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any third-party suppliers or for any personal injuries, death, property damage or other damages or expenses resulting from your interactions with third-party suppliers.

The Services may link you to supplier sites or other sites that Fighter Cries does not operate or control. For further information, please refer to the “Links to Third-Party Sites” section below.

Travel & Events

Some of Fighter Cries’s affiliates act as marketplaces to facilitate travelers’ ability to (1) enter into holiday rental agreements with property owners and managers, (2) make reservations for restaurants and/or (3) make reservations for tours, activities and attractions with third-party suppliers of such experiences. Those corporate affiliates of Fighter Cries syndicate their advertisements to other entities within the Fighter Cries group and that is why you see them on the Fighter Cries website. As a user, you must be responsible for your use of the Services, and any transaction involving Fighter Cries’s corporate affiliates.

Because neither Fighter Cries nor its corporate affiliates are parties to any advertisers, any dispute or conflict involving an actual or potential transaction between you and an advertiser, including the quality, condition(s), safety or legality of listed content, the advertiser’s ability to rent a holiday rental property, provide you with a reservation, meal or other service at a restaurant or provide an experience, or your ability to pay for a holiday rental property, a restaurant meal or service or an experience, is solely the responsibility of each user.

One of Fighter Cries corporate affiliates may act as an Advertiser’s limited agent solely for the purpose of transmitting your payment to the Advertiser. You agree to pay an advertiser, or a Fighter Cries corporate affiliate acting as a limited payment collection agent on behalf of an advertiser, any specified fee(s) charged by the advertiser for any holiday rental reservation or experience.

If you enter into a dispute with an Advertiser in the EU, alternative methods for resolving that dispute are available online here: http://ec.europa.eu/consumers/odr/.

Although Fighter Cries may choose to offer helpful information on travel destinations or events, when you book any travel reservations with third-party suppliers or plan international trips using the Services, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order.

For passport and visa requirements, please consult the relevant embassy or consulate for information. Because requirements may change at any time, be sure to check for up-to-date information before booking and departure. Fighter Cries accepts no liability for travelers who are refused entry onto a flight or into any country because of the traveler’s failure to carry the travel documents required by any airline, authority or country, including countries the traveler may just be passing through en route to his or her destination.

It is also your responsibility to consult your physician for current recommendations on vaccinations before you travel internationally, and to ensure that you meet all health entry requirements and follow all medical guidance related to your trip.

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Fighter Cries may offer travel briefs and alerts updated from government websites, but there is no guarantee or promise that the information is exhaustive or completely up-to-date current government requirements. Fighter Cries urges travelers to investigate and review travel prohibitions, warnings, announcements and advisories issued by their own governments and destination country governments prior to booking travel to international destinations. For example, information on conditions in various countries and the level of risk associated with travel to particular international destinations is provided by the United States Government at www.state.gov, www.tsa.gov,www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, FIGHTER CRIES DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

User Restrictions and Prohibited Content

These Terms of Use shall remain in full force and effect while you use the Site or the Fighter Cries Services. You may terminate your use or participation at any time, for any reason, by ceasing to use the Site and Fighter Cries’s Services and deleting your account and/or your Materials. Registered users may voluntarily terminate their own accounts at any time by submitting an email requesting such action to contact@FighterCries.org.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE, OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE AND ABSOLUTE DISCRETION.

Any provisions of these Terms of Use that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms of Use, shall be deemed to survive for as long as necessary to fulfill such purposes.

Term & Termination

These Terms of Use shall remain in full force and effect while you use the Site or the Fighter Cries Services. You may terminate your use or participation at any time, for any reason, by ceasing to use the Site and Fighter Cries’s Services and deleting your account and/or your Materials. Registered users may voluntarily terminate their own accounts at any time by submitting an email requesting such action to contact@FighterCries.org.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE, OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE AND ABSOLUTE DISCRETION.

Any provisions of these Terms of Use that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms of Use, shall be deemed to survive for as long as necessary to fulfill such purposes.

Fighter Cries is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however if you use a third party payment account, you will need to manage in-app purchases through such an account (e.g., iTunes, Google Play) to avoid additional billing.

Fighter Cries may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Fighter Cries.

Safety & Your Interactions with Other Users.

Though Fighter Cries strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Fighter Cries’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT FIGHTER CRIES DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. FIGHTER CRIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. FIGHTER CRIES RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT FIGHTER CRIES MAY CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

Links

The Site may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Fighter Cries of the content, materials, or information available on such third party websites. Fighter Cries is not responsible for the content, materials, or information available on linked third party sites and does not make any warranty or representation regarding the same. Nor does Fighter Cries make any warranty or representation regarding, nor does it endorse, any linked third-party websites or the content, materials or information appearing thereon or any of the products or services described thereon. Links do not imply that Fighter Cries endorses, is affiliated or associated with, the linked-third-party site. If you decide to access linked third-party websites, you do so at your own risk.

In general, Fighter Cries does not object to links to the Site from third-party websites. Unless Fighter Cries has a written agreement with you, you may not use any Fighter Cries trademarks, service marks, or trade names in or with your links. You may not present the link to the Site in any way that suggests Fighter Cries has any relationship or affiliation with your website or endorses, sponsors, or recommends the information, products or services on your site unless you have a specific written agreement with Fighter Cries to do so. You may link to the Site using the plain text name of the Site. Link only to the homepage of the Site. Do not, without Fighter Cries’ written permission: (a) incorporate any of our content into your website (e.g., by in-lining or framing); (b) use any of Fighter Cries’ trademarks, service marks, taglines, slogans, trade names or any other words or codes identifying Fighter Cries or the Site in any “metatag”. Fighter Cries will not tolerate links from any website that may adversely affect the name, reputation and/or goodwill of Fighter Cries. Fighter Cries reserves the right to terminate permission to link to the Site at any time, for any reason.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may send email to you for the purpose of advising you of changes or additions to the Site, about any of our products or services, or for such other purposes as we deem appropriate. If you do not want to receive an email from us in the future, you may opt-out by following the unsubscribe instructions contained in the email you receive.

Site Management

Fighter Cries reserves the right but does not have the obligation to:

  • monitor the Site for violations of these Terms of Use;
  • take appropriate legal action against anyone who, in Fighter Cries’s sole and absolute discretion, violates these Terms of Use, including without limitation, reporting such person to law enforcement authorities;
  • in Fighter Cries’ sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate these Terms of Use or any applicable policy of Fighter Cries and/or the Site;
  • in Fighter Cries’ sole and absolute discretion, remove from the Site, or otherwise disable, all files and content that are excessive in size or are in anyway burdensome to the Site’s systems; and
  • otherwise manage the Site in a manner designed to protect the rights and property of Fighter Cries and others and to facilitate the proper functioning of the Site.

Limitation of Liability

Your use of the Site is solely at your own risk. The Site and all content and information contained therein is offered “as is” and on an “as available” basis unless otherwise specified in writing. Fighter Cries makes no representations or warranties of any kind, express or implied, as to the operation of the Site.

FIGHTER CRIES HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCEPT WHERE PROHIBITED UNDER THE LAW. FIGHTER CRIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM ANY THIRD PARTY USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Depending upon the state in which you reside, some of the foregoing may not apply to you.

Notice for California Users

Notice to California subscribers: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed.

If you wish to request a refund, contact customer support: contact@FighterCries.org

Under California Civil Code Section 1789.3, California Sites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Indemnity

You agree to defend, indemnify, and hold harmless Fighter Cries, its directors, shareholders, officers, employees, agents, licensors and service providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site or any portion thereof, your breach of these Terms of Use and/or violation of any applicable laws.

Applicable Law

By using the Site, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Fighter Cries. 

Miscellaneous

These Terms of Use constitute the entire agreement between you and Fighter Cries relating to the subject matter addressed herein. The Site is operated by Fighter Cries, which is located in the State of Oregon, United States of America. Fighter Cries makes no claims that the content, materials displayed, distributed, made available or accessed through the Site, are appropriate or may be downloaded outside of the United States. Access to the Site and/or such Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be an appropriate state or federal court located in the State of Washington. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and Fighter Cries with respect to the use of the Site. These Terms of Use and any related guidelines, and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Fighter Cries without restriction.

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