End-User License Agreement ("Agreement")
Last updated: 12-30-2017
carefully before clicking the "I Agree" button or using www.soldbyair.com website("Application").
. 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.
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.
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:
- The fact that the Application may report that there is no flight restriction in effect does not guarantee that it is safe, legal or otherwise advisable to operate a UAV and the End User is responsible for exercising reasonable judgment when evaluating whether or not it is safe, legal or otherwise advisable to fly a UAV at a given time or place.
- The content and Application may include information from aviation authorities, municipalities, or other publicly available sources, and any manned airspace information contained therein is typically updated at industry-standard twenty-eight (28) day intervals.
- The Application or Services do not provide or constitute any consent or approval which may be required from any authority or any property owner to fly a UAV at a given time or place.
- The use of the Application and any UAV is at such the End User’s sole risk and the End User acknowledges that the data provided via the Application may not be accurate.
- The End User may not use the Application to provide any third party with any feedback or additional data regarding any airspace data made available by the Application or AirMap.
- To query services within the Application, You must provide accurate location data, and may provide Personal Data and such other data only as required in connection with the requesting Service. AirMap may use and disclose such data to provide and improve the content and Service and for any other purpose.
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.
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.
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.
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.
- You agree not to upload any content which contains at least one identifiable person.
- You agree to provide SOLDBYAIR LLC with property releases containing written permissions from property owners when required.
You also agree that SOLDBYAIR LLC shall make the determination if this release is required at it's sole discretion.
Any such release shall be emailed to email@example.com.
- You agree not to submit any content which contains copyrighted material and/or trademarks.
- You agree that You own the entire copyright to any content You submit.
- You agree not to submit any public domain content.
- You agree not to add any watermarks to Your content.
A watermark is automatically added to an image during the upload process to prevent unauthorized download.
- You agree to only provide true and complete information related to any submitted content. This includes location, description and any tags.
- You agree to grant SOLDBYAIR LLC the authority and right to take action by any means it deems reasonable and necessary to protect SOLDBYAIR LLC's rights to any content You submit, however We have no obligation to do so.
- You agree that metadata related to Your content may be altered, removed, updated or added and You agree to hold Us and Our customers harmless for anything related to the altering of that metadata.
- You agree that You have acquired the necessary rights to any music, sound recordings or lyrics that are contained within any content You submit to Us.
- You agree not to submit any illegal, obscene or defamatory content.
- You agree that any releases You have submitted to Us may be sent to customers as SOLDBYAIR LLC deems necessary to respond to regulations or legal issues.
- We may require You to submit a W-9 to Us before payment is sent.
- We may license any content You upload or submit to Us to any of Our customers according this Agreement and the End User Stock License Agreement.
- We may utilize content that You submit to Us for marketing purposes. Including advertising the content on social media platforms.
- You warrant that there is no active or pending legal suit, claim or proceeding related to any of the content You upload or send to Us.
- We utilize PayPal for payment, You may not share PayPal accounts with anyone else who has an account on the Application.
- If You submit content that gets rejected You agree not to resubmit that work without addressing the reason for the rejection.
- If You are overpaid for any reason, You agree that We may deduct that amount from future payments or demand an immediate repayment of the overpaid amount.
- This Agreement does not transfer ownership interest or copyright to SOLDBYAIR LLC.
You retain all rights and interest to the content (except for the licenses according to this Agreement and the End User Stock License Agreement).
Furthermore, by submitting content to SOLDBYAIR LLC, You expressly waive any moral rights with respect to this content to the extent permitted by law.
If waiving these rights is not permitted You agree not to enforce the rights against Us, Our affiliates or Our customers.
- We and Our customers have the right to identify You as the creator of content, however We and Our customers do not have the obligation to do so.
- If You believe content has been used in a way that would violate it's license You agree to take no action without acquiring consent from SOLDBYAIR LLC.
- If We discover any inconsistencies or falsifications with information You have provided related to the content We may contact You and withhold any payouts or compensation that would have otherwise been sent to You. Any defense You pursue for claims against You will be done at Your own expense.
- Users We license Your photos too may use them in a sensitive, objectionable, offensive or controversial manner.
- At Our sole discretion We may accept, reject or remove any content You send or have sent to Us.
- Do not submit content that was greatly inspired by the work of others.
- If Your account is terminated We will make reasonable efforts to remove Your work from Our website and any affiliate sites.
However, customer licenses for any content remain in effect.
- Licenses will continue to remain in effect for any content that is removed from soldbyair.com.
We may continue to utilize content for archival or reference purposes after that content has been removed from the Application or after Your account has been terminated.
If You believe someone has violated a copyright to an image hosted by SOLDBYAIR LLC, please contact Us immediately at firstname.lastname@example.org
Stock Photography - Compensation
- With each individual purchase of content You have submitted for sale,
SOLDBYAIR LLC shall pay You a royalty as set forth on the Stock Payouts page.
We may adjust the pricing and payment terms on occasions.
Review the payout terms on the Stock Payouts page regularly.
- Payments will be issued on a monthly basis around the middle of the month to Your PayPal account.
- Payments are only sent if Your account has reached a minimum payout of at least $25.
If Your account has not reached the minimum payout level, the payout will be rolled into the next month.
- If You delete Your account before any payout amount has been sent to You then You forfeit that payout.
- If You violate the terms laid out in this Agreement and thereby have Your account terminated We may retain any payouts, royalties or other compensation that may have been payable to you.
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:
- You will not use the Application if You or others You work with provide or develop a service or product that is competitive with or substantially similar to the Application or service provided.
- You will not license, sell, rent or otherwise commercially exploit the Application.
- You will not create or utilize more than one account without written permission from SOLDBYAIR LLC.
- You will not upload, copy or distribute any malicious or harmful code, program, virus, trojan horse, or backdoor which could adversely affect or software, hardware or data.
- You will not upload or post anything that may be considered pornographic, hateful, violent, threatening, racist, obscene or objectionable.
- You will not operate a sUAS(Drone) anywhere that it is unauthorized.
- You will not to operate a drone commercially without the required Federal Aviation Administration certificate
- You will not upload, share, delete or copy any images, video or other data that You do not either own or have permission to from the applicable owners of the content to use in Our Application.
- You will not impersonate, defame or infringe on anyone’s rights
- You will not spam, hack, phish, denial of service or otherwise attempt to compromise the security of any of the services or Applications offered by SoldByAir or purposely adversely affect any of the of Our Users.
- You will not copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving Our prior written permission.
- You will not violate any laws of the municipality, state or country of which You reside.
- You agree not to use the Application for any emergency or life-saving purposes.
- You assert that You are the minimum age required to enter into contracts where You reside and are not less than 18 years of age.
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.
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.
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.
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.
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.
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.
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.
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.
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.
If You have any questions about this Agreement, please contact Us.