Terms of Service and Privacy Policy

Terms of Service

The Plain English Version:

Use of Personal Information

When you sign up to Why Fly as a member, our database stores your details including name, email address and any other information you provide. We do not use your registration details for anything other than sending you information related to Why Fly. We will not sell or share your personal information, or spam you.

Unsubcribe from emails

You can unsubscribe from our emails by clicking the link at the end of any email we send you.

Membership

If you sign up as a member your credit card or Paypal account will be charged automatically in advance for each month you want to remain a member.

If you would like to cancel your membership you can do so anytime by logging into your Paypal account and cancelling the recurring transaction. You can also email support@whyfly.aero for assistance. Please include your name and email address and make sure it’s the same email address you registered with. We would also appreciate it if you could tell us why you are cancelling so we can improve our site.

Once you have cancelled your membership you will no longer be charged, and you won’t be able to log in or access member-only content on the site.

Right to Terminate

We reserve the right to terminate your membership at any time for any reason. Refunds for terminated memberships will be at our discretion.

The Legalese Version:

Why Fly Inc. Web Site Agreement –

The Why Fly Web Site (the “Site”) is an online information service provided by Why Fly Inc. (”Why Fly “), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Why Fly MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Why Fly, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Why Fly a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Why Fly by all means and in any media now known or hereafter developed. You also grant to Why Fly the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Why Fly for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Why Fly.

TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Why Fly. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Why Fly, Why Fly does not operate, control or endorse any information, products or services on the Internet in any way. Except for Why Fly- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Why Fly. You also understand that Why Fly cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Why Fly PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Why Fly SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. Why Fly DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Why Fly HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL Why Fly BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Why Fly OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Why Fly LIABILITY IS LIMITED TO THE GREAWHY FLY EXTENT PERMITTED BY LAW.

Why Fly makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Why Fly web site, please understand that it is independent from Why Fly, and that Why Fly has no control over the content on that web site. In addition, a link to a Why Fly web site does not mean that Why Fly endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless Why Fly, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Why Fly and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of Canada applicable to agreements made and to be performed in Canada. You agree that any legal action or proceeding between Why Fly and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Canada . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Why Fly’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Why Fly may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

COPYRIGHT NOTICE.© 1999-2009 PriorityDigital.com Prepared for: Why Fly Inc. All rights reserved.

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Privacy Policy

Why Fly has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for http://www.whyfly.aero.

Use of Cookies

The Why Fly website uses “cookies” to personalize your online experience. A cookie is a text file that is placed on your hard disk by a server and stored in your web browser. Cookies cannot be used to deliver viruses to your computer and do not run programs. Cookies are uniquely assigned to you and can only be read by a domain of the web server that issued the cookie to you.

One of the primary purposes of cookies is to make your browsing experience more convenient and efficient. A cookie tells the Web server that you have returned to a specific page and will store your personal information so you do not have to continue to enter your details every time you visit a new page in the site.

You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually change the settings in your browser to reject certain cookies or all cookies. If you refuse cookies you will not be able to enjoy the full interactive experience provided by the Why Fly website and will miss out on certain features.

Why Fly will not sell your submitted information, or any part thereof, to a third party.

Why Fly does not sell, rent or lease its customer lists to third parties. Why Fly may contact you on the behalf of other business partners about relevant offerings that may be of interest to you. In those cases, your personally identifiable information (e-mail and name) is not supplied to the third party.

We use your IP address to help diagnose problems with our server, and to administer our website.

Our site’s registration form requires users to give us contact information (like their name and email address). The customer’s contact information is used to contact the visitor when necessary. Users may opt-out of receiving future mailings.

This site contains links to other sites. Why Fly is not responsible for the privacy practices or the content of such websites.

Comments and Public Forums

This site makes comments, chat rooms, forums, message boards, and/or newsgroups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.

Information collected

When you look at this website, our Internet Service Provider makes a record of your visit and logs the following information for statistical purposes:

  • Your server address
  • Your top level domain name (for example .com, .gov, .au, .uk etc)
  • The date and time of your visit to the site
  • The pages you accessed and documents downloaded
  • The previous site you have visited
  • The type of browser you are using.

Access to information collected

In the unlikely event of an investigation, a law enforcement agency or other government agency may exercise its legal authority to inspect our Internet Service Provider’s logs.

Choice/Opt-Out

We will only record your email address and name if you send us a message, or fill in an on-line form. Your email address will not be made available to anyone else without your consent. You may be added to a mailing list, and we may, from time to time, communicate to you special offers or pertinent news. You will always be given the option to unsubscribe from future emails.

This site does not provide facilities for the secure transmission of information across the Internet. Users should be aware that there are inherent risks transmitting information across the Internet.

Contacting Why Fly

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, feel free to contact us.

© 2009-2015 Why Fly , All rights reserved.

Unauthorized duplication or publication of any materials from this Site is expressly prohibited.

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