Terms of Service

# Terms of Use

 

  1. **Acceptance of the Terms of Use**

   1.1 These terms and conditions constitute a legally binding agreement (collectively, the “Terms of Use”) between you (“You”) and Virtual Hangar®, a Wyoming limited liability company (“Virtual Hangar®” or the “Company”). By accessing or utilizing Virtual Hangar®’s services (as defined below) and the associated application (as defined below), you agree to the terms and conditions set forth herein. By downloading, installing, or using any associated mobile application or web service provided by Virtual Hangar® (collectively, the “Application”), which enables you to utilize air charter transportation services or ancillary services provided by Virtual Hangar® (collectively, the “Services”), you expressly acknowledge and agree to be bound by these Terms of Use and our Privacy Policy, found at www.virtualhangar.io and incorporated herein by reference. If you do not agree to these Terms of Use, you must not access or use the Application and must delete the Application and all copies thereof.

   1.2 Please carefully review the arbitration agreement set forth in Section 18 below, as it impacts the legal rights of the parties and will require you to resolve disputes with Virtual Hangar® on an individual basis through final and binding arbitration.

 

  1. **Modifications to the Terms of Use**

   2.1 Virtual Hangar® reserves the right to modify or amend these Terms of Use or its policies related to the Application at its sole discretion at any time. Such amendment or modification shall be effective upon posting or publication of an updated version of these Terms of Use on the Application.

   2.2 You are responsible for regularly reviewing these Terms of Use. Your continued use of the Service or Application after any such changes shall constitute your consent to be bound by the amended or modified Terms of Use.

 

  1. **Content-Related Terms**

   3.1 Virtual Hangar® Content: Refers to texts, graphics, images, music, software (excluding the Application), audio, video, information, or other materials (“Content”) that Virtual Hangar® makes available through the Services or Application, including any Content licensed from a third party, but excluding User Content (as defined below).

   3.2 User Content: Refers to Content that a person who accesses or uses the Services or Application (“User”) posts, uploads, publishes, submits, or transmits to be made available through the Services or Application (collectively with Virtual Hangar® Content, “Collective Content”).

 

  1. **Accessing the Application and Account Security**

   4.1 By using the Applications, you expressly represent and warrant that you are legally entitled to and have the right, authority, and capacity to enter into and to abide by these Terms of Use.

   4.2 If you reside in a jurisdiction that restricts the use of the Application because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Application. Without limiting the foregoing, the Application is not available for use by children (persons under the age of 18) without adult supervision.

   4.3 By using the Application or Service, you represent and warrant that you are at least 18 years old or will use the Service or Application under adult supervision. Your participation in using the Service and/or Application is exclusively for your sole, personal, and non-commercial use. You may not authorize others to use your profile, user status, or credentials, and you may not assign or otherwise lend, transfer, lease, or sell (directly or indirectly) your user account to any other person or entity.

   4.4 By accessing the Application, you expressly represent and warrant that you are not a (i) broker or professional buyer acting on behalf of an end client, either an individual or an entity, to charter an aircraft; (ii) travel agency; (iii) marketing agent selling aircraft charter(s) on behalf of aircraft operators; (iv) global distribution system (GDS’s); (v) online travel agent (OTA’s); or (vi) any other person or entity that sells travel to or facilitates travel for independent third parties.

   4.5 You may only access the Service using the Application or other means expressly authorized by Virtual Hangar®. It is your responsibility to check to ensure you download the correct version of the Application for your device. Virtual Hangar® is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application. Virtual Hangar® reserves the right to terminate these Terms of Use and take any further action necessary to remedy your use of the Application with an incompatible or unauthorized device.

   4.6 By using the Application, you agree that you:

      4.6.1 Will only use the Application for lawful purposes; you will not use the Application for sending or storing any unlawful material or for fraudulent purposes.

      4.6.2 Will not use the Application to cause nuisance, annoyance, or inconvenience.

      4.6.3 Will not impair the proper operation of the network.

      4.6.4 Will not harm or attempt to harm the Application in any way whatsoever.

      4.6.5 Will not copy or distribute the Application or any content provided via the Application or as a result of your use of Services without prior written permission from Virtual Hangar®.

      4.6.6 Will only use the Application for your own use and will not resell it, directly or indirectly, to any third party.

      4.6.7 Will keep secure the confidential information regarding your account, which allows access to the Service through the Application.

      4.6.8 Will provide us with whatever proof of identity we may reasonably request.

      4.6.9 Will only use an access point or 3G data account (AP) which you are authorized to use.

      4.6.10 Will comply with all applicable laws from your home nation and the country, state, and city in which you are present while using the Application.

      4.6.11 Are aware that when requesting services by SMS, standard messaging charges will apply.

   4.7 Export Control: You agree not to use the Application in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries, including but not limited to the Export Control Reform Act and its associated regulations).

 

  1. **Application and Copyright License Grant and User Content**

   5.1 Application License: Subject to your compliance with these Terms of Use, Virtual Hangar® grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download, install, and use the Application on a single mobile cellular device and personal computer devices owned or otherwise controlled by you solely in connection with your personal, non-commercial use of the Services, and (ii) view, stream, download, and print any Collective Content, information, and related materials made available through the Application, in each case solely for your personal, non-commercial use.

   5.2 Copyright License: We may, in our sole discretion, permit Users to post, upload, publish, submit, or transmit User Content. By making available any User Content on or through the Application, you hereby grant to Virtual Hangar® a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User Content only on, through, or by means of the Services or Application. Virtual Hangar® does not claim any ownership rights in any User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any User Content.

   5.3 User Content: You acknowledge and agree that you are solely responsible for all User Content that you make available through the Application. Accordingly, you represent and warrant that (i) you either are the sole and exclusive owner of all User Content that you make available through the Application or you have all rights, licenses, consents, and releases that are necessary to grant to Virtual Hangar® and to the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or Virtual Hangar®’s use of the User Content (or any portion thereof) on, through, or by means of the Service or Application will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

  1. **Reservation of Rights**

   You acknowledge and agree that the Application is provided under license and not sold to you. Any rights not expressly granted to you under these Terms of Use are reserved by Virtual Hangar®. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Virtual Hangar® or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

 

  1. **License Restrictions**

   7.1 You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Application; (iii) create Internet “links” to the Service or “frame”