End-User License Agreement ("Agreement")



Last updated: 12-30-2017

Please read this End-User License Agreement ("Agreement") and Our Privacy Policy located at http://www.soldbyair.com/privacy carefully before clicking the "I Agree" button or using www.soldbyair.com website("Application").

By clicking the "I Agree" button or using the Application, You are agreeing to be bound by all of the terms and conditions of this Agreement. You also confirm that You have read and agreed with Our Privacy Policy. This Agreement is a legal agreement between You(collectively “You”, “Licensee”, “End User”, or "Your") and SOLDBYAIR LLC(collectively "SoldByAir", "Us", "We", or "Our") of Avondale, Pennsylvania.

If You do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not login or use the Application.

License


SOLDBYAIR LLC grants You a revocable, non-exclusive, non-transferable, limited license to use the Application solely for Your personal or commercial purposes strictly in accordance with the terms of this Agreement.

AirMap


The Application utilizes API from AirMap, Inc. (http://www.airmap.com) to display aeronautical information. We make no guarantee about the accuracy of this data. You must agree that:



You agree to not provide any Personal Data beyond what is required or asked in the Application. You agree to notify and obtain consent from any person whose Personal Data You enter into the system if such consent is denied or withdrawn, You will not, collect, transmit, maintain, process or use the applicable data. You represent that any data provided has been collected, transmitted, maintained and used in compliance with all Laws, policies and terms of service.


Content


You agree that when any content is submitted to the Application, You are granting Us a worldwide, perpetual, irrevocable, commercial, non-exclusive right to reproduce, distribute, use, sell, publish, market, advertise, sublicense, prepare derivative works incorporating that content without payment of any compensation to You. You grant Us the right to sublicense these rights. You agree that You have the right to grant this content right. You agree to defend Us against any breach of that warranty and indemnify Us for any resulting loss.


Membership Plans


SOLDBYAIR LLC offers multiple membership plans(https://www.soldbyair.com/plans). They are paid via PayPal on a monthly basis. By purchasing one of these plans You authorize Us to charge You the applicable subscription fee and tax on a recurring basis. If Paypal is unable to process Your subscription We may terminate Your membership plan access without notice to You.

Stock Photos


SOLDBYAIR LLC has a Stock Photography program. If You wish to sell Your photos in the program You may do so by uploading the content to Your portfolio and then clicking the "Post for Sale" button. Below are details and terms for this program. By posting any content for sale You are agreeing to all the terms listed in this Agreement. If You believe someone has violated a copyright to an image hosted by SOLDBYAIR LLC, please contact Us immediately at josh@soldbyair.com

Stock Photography - Compensation


Confidential Information


Any nonpublic information accessed via the Application must be considered confidential. You may not disclose, or publish any nonpublic information to any third party.

Third Party Components


The Application uses multiple third party components. We make no claim of ownership over these components. SOLDBYAIR LLC is not liable for any damage or loss suffered as a result of using any third party components found within the Application.


Rules & Restrictions


You agree to the following:


Agency


This Agreement does not create or imply agency, employment, joint venture, franchise or any partnership relationship between the parties. The relationship of the parties is that of independent contractors.


Feedback


You agree that any feedback provided to Us regarding the Application or services within is thereby granting Us a nonexclusive, irrevocable license to use that feedback for any purpose.

Affiliate Program


We have an affiliate program whereby You can place Our chosen banners, badges and links in email, social media sites, blogs, websites and newsletters. Doing so gives the opportunity to earn a commission. However You must not place these links or images anywhere that is being used as "spam". Anyone caught spamming will have their account terminated. Do not use spyware or adware. If You do not log in at least once every 6 months Your account will be considered inactive and You will lose any balance remaining. Anyone caught trying to trick the system into increasing their click-through numbers, creating false jobs or similar will have their account terminated.

The only statistics that are valid for determining commission are those collected by soldbyair.com. You will be paid during the next month after Your balance reaches at least $25. Payout rates are subject to change. Balances will be paid via PayPal. You agree not to hold Us liable for any damages You suffer by using this affiliate program. All content where You post Our banners, badges or links must be written in English. We do not endorse anything or anyone just for being in this program or using Our links. We take no responsibility for any content locations where affiliates post Our links, banners or badges.

Modifications to Application


We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it is connected, with or without notice and without liability to You at any time.


Limitation of liability


The Application is accepted by the Licensee “as is”. Liability of SOLDBYAIR LLC will be limited to $500. We will not be liable to Licensee, its affiliates or any third party for any incidental, general or consequential damages including, without limitation, loss of profits, loss of production, loss of contracts, loss of or corruption of data, or any other economic or business disadvantage suffered by the Licensee arising out of the use of the Application, or by participating in the Stock Photography program.

Indemnity


Licensee will indemnify and hold Us harmless for any claims brought by it or any third-party that arise from use of Our Application or occur because of or relating to this Agreement. Licensee agrees to defend, at its expense, SOLDBYAIR LLC and it’s affiliates and their respective employees in such instances. You agree or pay for Our attorneys’ fees and related court costs for any and all such instances.

Choice of Law and Forum


You agree that this agreement will be governed by Pennsylvania law applicable to contracts entered into and performed in Pennsylvania. You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to city of Philadelphia, in the State of Pennsylvania and hereby consent to the personal jurisdiction of these courts. You agree that any dispute brought in a manner other than in accordance with this paragraph may be dismissed by a motion by Us and that You will be responsible for Our reasonable attorneys` fees and other other related costs. You agree that the losing party in any dispute is responsible for the other parties fees and costs, including reasonable attorneys` fees, court costs and disbursements.

Entire Agreement


This Agreement constitutes the complete agreement between the parties` concerning the matters covered. It supersedes any prior or current other agreements, drafts, arrangements and understandings between them. It represents the entire agreement between the parties`. Any amendments to this agreement must be in writing and signed by both parties.

Assignment


Licensee may not transfer or assign any part of this Agreement to any other party or entity without prior written consent. In connection with an acquisition, merger, consolidation, change of control or sale of assets related to this Agreement We may assign this Agreement without consent.

Force Majeure


We shall not be deemed in breach of this Agreement due to causes beyond Our reasonable control including, but not limited to, earthquake, flood, hurricane or other natural disaster, strikes, lockouts, work stoppages, labour disputes, denial of service attacks, terrorism, failure of utilities or infrastructure or any other event outside of Our control.


Non-Waiver


We reserve all rights afforded by this Agreement. Should We not enforce a particular provision or provisions in this agreement it should not be construed as a waiver of that or any other rights afforded in the Agreement.


Term and Termination


This Agreement shall remain in effect until terminated by You or SOLDBYAIR LLC.

SOLDBYAIR LLC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. You agree that if We request, You must immediately remove any accounts and cease using the Application, even if it causes You a loss. Our refund liability to You will be limited to the amount You have paid for services which have not yet been delivered. If the termination or cancellation was a result of Your breach of this Agreement We are not required or liable for any refund whatsoever.

This Agreement will terminate immediately, without prior notice from SOLDBYAIR LLC, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting Your account from the Application.

Upon termination of this Agreement, You will delete Your account on http://www.soldbyair.com and cease all use of the Application.

If Your account is terminated You must obtain written authorization from SOLDBYAIR LLC before opening a new account.

Severability


If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.


Amendments to this Agreement


We reserve the right, at Our sole discretion, to modify or replace this Agreement at any time. If a revision is material We will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.


Contact Information


SOLDBYAIR LLC
josh@soldbyair.com
If You have any questions about this Agreement, please contact Us.