Terms & Conditions of Use
Agreement between User and WWW.EYEINTHESKY.COM
Welcome to WWW.EYEINTHESKY.COM (the “Site”). The Site is comprised of various web pages operated by EYE IN THE SKY, LLC (“EYE IN THE SKY” or “us” or “we”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
The Site is an E-Commerce Site.
EYE IN THE SKY, LLC seeks to simplify private plane travel by creating a seamless system for finding flights and indicating flight interest to people you don’t mind sharing a private plane with (the “Service”).
Privacy
Your use of the Site is subject to EYE IN THE SKY, LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
- Agreement. This Term of Use agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of www.eyeinthesky.com (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Eye In The Sky, LLC upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at https://eyeinthesky.com/terms-conditions/. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
- Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at https://eyeinthesky.com/privacy-policy/.
- Ownership. All content included on this site is and shall continue to be the property of Eye In The Sky, LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
- Electronic Communications. Visiting the Site or sending emails to EYE IN THE SKY, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
- Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
- Trademarks. Eye In The Sky, and others are either trademarks or registered trademarks of Eye In The Sky, LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners.
- Site Use. Eye In The Sky, LLC grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Eye In The Sky, LLC may terminate your use of this website at any time.
- Membership. The Site offers two types of membership: a Flyer Member and a Host Member. A Flyer Member is a member who is interested in flying on a Host Member’s aircraft from time to time. A Host Member is the operator of a properly licensed aircraft who is interested in allowing Flyer Members to purchase available seats on flights of the Host Member’s aircraft(s). Host Members may also act on the Site as a Flyer Member. By becoming a Flyer Member or a Host Member, you agree to pay the monthly membership fee (the “Membership Fee”) as designated on the Site for at least one year (the “Membership Term”). EYE IN THE SKY, LLC may bill the Membership Fee on a monthly basis, but the Member is obligated to pay the remaining Membership Fees for the Membership Term prior to terminating such Member’s membership. Any changes to the Membership Fees during a Membership Term will take effect in the next billing period.
EYE IN THE SKY, LLC does not receive compensation or revenue share in any amounts a Flyer Member pays to a Host Member for any flights and is not responsible for any payments from a Flyer Member to a Host Member. When a Flyer Member contracts to fly on or pays for such flight on a Host Member’s aircraft, the Host Member’s terms and conditions control this transaction and EYE IN THE SKY, LLC is not liable for the cancelation of or rejection of the Flying Member’s participation in any such flight. If a Flying Member has agreed to fly on a Host Member’s aircraft and the Host Member changes the time or date of the flight, the Host Member’s terms and conditions control the legal obligations of each party and the process for managing such changes.
EYE IN THE SKY, LLC is not responsible for the conduct of any Member, whether a Flyer Member or a Host Member. We expect all Members to conduct themselves and comport to social norms and treat each other with dignity and respect. EYE IN THE SKY, LLC may offer a dispute resolution process to settle any disputes between Flyer Members and Host Members. The cost of this service will be shared equally between the Flyer Member and the Host Member involved in the dispute and the result of the dispute resolution process will be binding on the Members involved.
EYE IN THE SKY, LLC reserves the right to remove any Member for violation of these terms and conditions or for abusive or inappropriate conduct on the Site or in the provision or use of any flights offered by other Members. While we do not accept any responsibility to monitor or vet any Flying Member or Host Member prior to becoming a Member, we expect Members to behave in a civil manner and repeated misconduct will not be condoned or tolerated due to its detrimental effect on the community that we wish to create. Nothing contained in this statement should be interpreted to create any additional liability for EYE IN THE SKY, LLC or its affiliates.
- No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to EYE IN THE SKY, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or applicable law. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of EYE IN THE SKY, LLC or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends, or other restrictions contained in any such content, whether expressly stated or implied by law, and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your use of the Site and will make no other use of the content without our express written permission of and the copyright, trademark, or other intellectual property owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EYE IN THE SKY, LLC or our licensors except as expressly authorized by these Terms.
- Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with other authorized users, a group of such users, or the public at large (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software, malware, or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes, or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses or other identifying information, without their consent; or violate any applicable laws or regulations.
EYE IN THE SKY, LLC has no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
EYE IN THE SKY, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages, or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect those of EYE IN THE SKY, LLC.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
- Materials Provided to the Site or Posted on any Related Web Page
We do not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input, or submit to any other related Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting us and our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of its or their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion. By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section or as otherwise provided in these terms and conditions, including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.
- International Users
The Service is controlled, operated, and administered by EYE IN THE SKY, LLC from our offices in the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local and international laws. You agree that you will not use the EYE IN THE SKY, LLC’s Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
- Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
- You agree to indemnify, defend and hold Eye In The Sky, LLC and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
- THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. EYE IN THE SKY, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL EYE IN THE SKY, LLC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
- Use of Information. Eye In The Sky, LLC reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
- Cancellation
Our Cancellation Policy allows you to request cancellation at any time.
Once a cancellation request is made, your account will be cancelled after the next monthly billing cycle has been completed.
Email [email protected] to cancel your membership.
- Price Changes
Eye In The Sky may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Eye In The Sky will provide you with advance notice of any change in fees.
- Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EYE IN THE SKY, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us, the Site, or any association with its operators.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Site’s domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom EYE IN THE SKY, LLC has a contractual relationship to provide the requested product, service, or functionality on behalf of the Site’s users and customers.
- Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Curtis Wolfe Law, PA, who can be reached as follows:
By Mail: 218 SE 14th Street, Suite 1605, Miami, FL 33131
By Phone: 305-812-4500
By E-mail: [email protected]
- Applicable Law. You agree that the laws of the state of Delaware, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Eye In The Sky, LLC or its affiliates.
- If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- The failure of Eye In The Sky, LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by www.eyeinthesky.com must be in writing and signed by an authorized representative of the Site.
- Eye In The Sky, LLC may terminate this Agreement at any time, with or without notice, for any reason.
- Termination/Access Restriction
EYE IN THE SKY, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and EYE IN THE SKY, LLC as a result of this agreement or use of the Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EYE IN THE SKY, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. This represents a knowing waiver of any and all liability on behalf of EYE IN THE SKY, LLC and any of its individual Members.
- Changes to Terms
EYE IN THE SKY, LLC reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. EYE IN THE SKY, LLC encourages you to periodically review the Terms to stay informed of our updates.
- Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
- Entire Agreement. This Terms of Use constitutes the entire agreement between you and Eye In The Sky, LLC and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Eye In The Sky, LLC with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. The Site] may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
- Contact Information.
Eye In The Sky, LLC
PO Box 370, Snowmass, CO 81654
561.363.9275
Messaging Terms & Conditions
EYE IN THE SKY, LLC | Eye In The Sky | PO Box 370 Snowmass CO US 81654-0370
General
When you opt-in to the service, we will send you a message to confirm your signup.
By opting into messages, you agree to receive recurring automated marketing and informational text messages from Eye In The Sky for EYE IN THE SKY, LLC. Automated messages may be sent using an automatic telephone dialing system to the mobile telephone number you provided when signing up or any other number that you designate.
Message frequency varies, and additional mobile messages may be sent periodically based on your interaction with EYE IN THE SKY, LLC. Eye In The Sky reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages. Eye In The Sky also reserves the right to change the short code or phone number where messages are sent.
Message and data rates may apply. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Your wireless provider is not liable for delayed or undelivered messages.
Your consent to receive marketing messages is not a condition of purchase.
Carriers
Carriers are not liable for delayed or undelivered messages.
Cancellation
You can cancel any time by texting “STOP”. After you send the SMS message “STOP”, we will send you a message to confirm that you have been unsubscribed and no more messages will be sent. If you would like to receive messages from Eye In The Sky again, just sign up as you did the first time and Eye In The Sky will start sending messages to you again.
Info
Text “HELP” at any time and we will respond with instructions on how to unsubscribe. For support regarding our services, email us at [email protected].
Transfer of Number
You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at [email protected]. The duty to inform us based on the above events is a condition of using this service to receive messages.
Privacy
If you have any questions about your data or our privacy practices, please visit our https://eyeinthesky.com/privacy-policy/.
Messaging Terms Changes
We reserve the right to change or terminate our messaging program at any time. We also reserve the right to update these Messaging Terms at any time. Such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes