General Terms and Conditions – Copyright Notice

You, the User, acknowledge that all content included on this Site, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, “Content”) and the arrangement and compilation of the Content are intellectual property and copyrighted works of Flythelvsky.com and/or its third-party providers including, without limitation, the hotels and other travel suppliers that provide travel or other services through this Site (“Providers”). Reproduction or storage of information or works retrieved from this site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code and all applicable international copyright treaties and conventions, including without limitation, the Berne Convention and the Universal Copyright Convention.

Acceptable Use/License

Flythelvsky.com grants you a limited, personal, nontransferable, non- sub licensee, revocable license to access and use this site only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved. The content and information on this Site (including, without limitation, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to Flythelvsky.com or its suppliers and providers. Accordingly, as a condition of using this Site, you agree not to use this site or its contents or information for any commercial or non-personal purpose (direct or indirect) or for any purpose that is unlawful or prohibited by this Agreement. While you may make limited copies of your travel itinerary (and related documents) for travel or services purchased through this Site, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this site. In addition, whether or not you have a commercial purpose, you agree not to:

Privacy Policy

You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Flythelvsky.com and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. To the extent permitted by law, Flythelvsky.com makes no representation or warranty with regard to the sufficiency of the security measures used for data handling and storage. Flythelvsky.com will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.

Disclaimer of Warranties

UNLESS A PROVIDER HAS AGREED OTHERWISE, ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. FLYTHELVSKY.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FLYTHELVSKY.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. FLYTHELVSKY.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. FLYTHELVSKY.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.

FLYTHELVSKY.COM IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.

General Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLYTHELVSKY.COM, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Further, to the extent permitted by law, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Covered Parties’ control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider’s breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchant-ability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider’s failure to comply with this Agreement nor for any Provider’s failure to comply with applicable federal, state, provincial and local law.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by FLYTHELVSKY.COM for making a Request. Some states, to the extent their law might be deemed to apply notwithstanding the selection of LAS VEGAS, NV law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Check-In

A Valid form of ID and the credit card used for booking are required to be presented at check-in. If the name on the credit card used for purchase does not match the passengers’ ID, a photocopy of the lead passenger’s ID and the credit card will be taken prior to the flight for fraud prevention purposes.

Cancellation Policy

Cancellations require a minimum of 48 hours notice. A cancellation fee equal to 50% of the above cost will be charged on cancellations if the flight is canceled less than 48 hours in advance. Same day cancellation will be charged full rate. There is a 20% rescheduling fee for all flights rescheduled within 24 hours of the scheduled flight.

Consent and Agreement

Submission of this order shall constitute an informed and knowing consent and waiver as required by law. You also acknowledge that the permissions and consents set forth on the Flythelvsky.com Cancellation Policy, Limitation of Liability, and Flight Operation. The cardholder/authorized signatory authorizes Flythelvsky.com to charge his/her credit card at the time of booking. The total cost listed in your cart is also a guarantee of payment for the balance due for the flight(s). Cardholder also understands and authorizes the credit card to be charged if Cardholder fails to cancel this booking without 48 hours notice.

Limitations of Liability

You acknowledge and assume the risks which are inherent in participation with Flythelvsky.com, including transportation of the individual which may be dangerous and include risks which cannot be reasonably avoided. You acknowledge and assume the risk that attendance and participation in the event can cause including but not limited to personal injury, death, and property damage.

Flight Operation

You acknowledge that you waive any and all claims for personal injuries or property damage, including negligence, against flythelvsky.com, AirWork, its employees, it volunteers, the individual members thereof, its agents, officers, and directors arising out of or relating to attendance and participation in the event including transportation of the named individual including alighting on and off the aircraft.

Availability

Tours are subject to availability and shall be booked in advance in accordance with the requirements found at the Website. Flythelvsky.com makes no claim or guarantee as to the availability of any specific tour. In the event that Flythelvsky.com no longer offers or otherwise terminates or withdraws an tour or tour location, you shall be entitled to exchange the tour for another tour of equal or lesser value.

Weather

Certain tours are very weather dependent. You should not assume that weather conditions will result in a cancellation of a booked tour. If you fail to appear for a booked tour that has not actually been cancelled by you or the Flythelvsky.com, (i) Flythelvsky.com shall have no further obligation to you, (ii) you shall not be entitled to a refund or exchange, and (iii) your tour will be considered fully redeemed and booked. Always contact the Flythelvsky.com with any questions regarding weather conditions. All tours cancelled by Flythelvsky.com due to weather conditions will be re-booked, subject to availability, without any further charge to you. Flythelvsky.com shall not be responsible for any losses, damages, expenses or liabilities you incur in connection with a cancelled tour.

Accuracy of Tour Descriptions & Website Content

Flythelvsky.com reserves the right to delete, add to or otherwise change the description, terms and conditions and the prices for any tour without prior notice. Flythelvsky.com shall use commercially reasonable efforts to update the Website to reflect any deletions, additions or other changes to the description or price for any tour; however, Flythelvsky.com shall be ultimately responsible for the accuracy of the description of the relevant Tour(s), including without limitation, the exact location, estimated duration, waiting times, instruction requirements, minimum and maximum number of other participants and any other limitations, restrictions or requirements related to the relevant Tour, such as age, height, physical condition, weather or other limitations, restrictions or requirements. Pictures and descriptions of Tour included at the Website are strictly for illustrative purposes and might not accurately reflect the actual Tour.

Flythelvsky.com makes reasonable efforts to ensure the accuracy and completeness of the material and information contained at the Website; however, the Website may contain technical inaccuracies or typographical errors. Flythelvsky.com makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the material or content contained in the Website. Flythelvsky.com provides such content and material, including the text, graphics and links, to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUSES.

Copyright Terms and Conditions

The copyright to all materials and content contained in the Website is owned or licensed by Flythelvsky.com unless otherwise set forth and may not be used by you except as set forth in these Terms and Conditions. You may only download material and content contained in the Website for non-commercial, personal use provided you do not remove or alter the copyright notices set forth therein. You may not use, alter, modify, distribute, transmit or re-post the material and content contained in this Website for public or commercial purposes without the prior written consent of Flythelvsky.com.

Trademark Terms and Conditions

“Flythelvsky.com”, the “helicopter” logo and Fly The LV Sky’s other trademarks and service marks and other logos and product and service names are trademarks of Flythelvsky.com. You may not copy, use or display in any manner such trademarks and service marks without the prior written consent of Flythelvsky.com.

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