LICENSE AGREEMENT (EULA)
FOR WOMEN FLYING SERVICES AND CONTENT

This End User License Agreement (“Agreement”) is entered into by and between Wayne Aerospace LLC dba Women Flying (“Licensor”), a business entity with its principal place of business at 1309 Coffen Ave 1200, Sheridan, WY 82801, and You (“Licensee” or “End User”). By accessing, downloading, installing, or using any services, software, content, or merchandise provided by Women Flying, you agree to be bound by the terms and conditions of this Agreement.

  1. ACCEPTANCE OF TERMS

This Agreement constitutes a legally binding agreement between you and Women Flying. By accessing or using the services or content, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, you must not use the services or content provided by Women Flying.

  1. LICENSE GRANT AND RESTRICTIONS

Subject to your compliance with this Agreement, Women Flying grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the services, software, and content solely for your personal, non-commercial use. This includes but is not limited to the viewing, streaming, and interacting with Women Flying content, as well as the purchase and use of merchandise.

You are expressly prohibited from:

  • Copying, reproducing, distributing, transmitting, publicly displaying, performing, modifying, or creating derivative works from the services or content without prior written consent from Women Flying.
  • Selling, renting, leasing, sublicensing, or otherwise transferring rights to the services, content, or merchandise.
  • Circumventing, disabling, or interfering with any security-related features of the services or content.
  • Reverse engineering, decompiling, or disassembling the software or attempting to discover the source code, except where such activity is expressly permitted by law.
  1. INTELLECTUAL PROPERTY RIGHTS

All rights, title, and interest in and to the services, content, and software provided by Women Flying are the exclusive property of Women Flying or its licensors. This includes but is not limited to all logos, trademarks, copyrights, designs, proprietary content, and media.

You do not acquire any ownership rights by accessing or using the services or content. Any unauthorized use of Women Flying’s intellectual property is strictly prohibited.

  1. USE OF PERSONAL LIKENESS

By participating in any Women Flying events, services, or other interactions where your image, likeness, or voice may be captured, you hereby grant Women Flying and its affiliates a perpetual, worldwide, royalty-free right to use, distribute, and display your likeness, image, or voice for promotional, marketing, and other commercial purposes. You waive any rights of privacy or publicity claims arising from such use, and you understand that no compensation will be provided for such use.

  1. MERCHANDISE

Licensee is permitted to purchase and use Women Flying-branded merchandise for personal, non-commercial purposes. Any resale, distribution, or commercial use of the merchandise without the express written consent of Women Flying is strictly prohibited.

  1. NON-DISPARAGEMENT

Licensee agrees not to make any defamatory, disparaging, or negative statements about Women Flying, its officers, employees, products, services, or related third parties in any form, whether oral or written, during the term of this Agreement and thereafter. This clause does not limit the Licensee from making truthful statements required by law.

  1. TERM AND TERMINATION

This Agreement is effective from the date of acceptance and shall continue in effect until terminated by either party.

  • Termination by Licensee: You may terminate this Agreement by discontinuing all use of the services, content, and Licensed Materials and deleting any copies in your possession.
  • Termination by Licensor: Women Flying reserves the right to terminate this Agreement or restrict your access to the services and content at any time without notice for any violation of this Agreement.
  • Upon termination, all rights granted to you under this Agreement will immediately cease, and you must cease all use of the services, content, and software.
  1. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Women Flying shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use or inability to use the services, content, or software, even if Women Flying has been advised of the possibility of such damages. Women Flying’s total liability for any claim arising under this Agreement shall not exceed the amount paid by the Licensee for the services or content in the 12 months preceding the claim.

  1. DISCLAIMER OF WARRANTIES

The services, content, and merchandise are provided on an “AS IS” and “AS AVAILABLE” basis. Women Flying disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Women Flying does not guarantee that the services or content will be error-free, uninterrupted, or free of viruses or other harmful components.

  1. INDEMNIFICATION

Licensee agrees to indemnify and hold harmless Women Flying, its officers, directors, employees, and affiliates from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to your use of the services, content, or merchandise, or any breach of this Agreement.

  1. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of [insert jurisdiction], without regard to its conflict of laws principles. Any disputes arising under or related to this Agreement shall be resolved through binding arbitration in [insert location], in accordance with the rules of the American Arbitration Association, and shall not be brought as a class action.

  1. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

  1. ENTIRE AGREEMENT

This Agreement, together with any other policies or terms incorporated by reference, constitutes the entire agreement between you and Women Flying and supersedes all prior agreements or understandings regarding the use of the services, content, and merchandise.

  1. WAIVER

The failure of Women Flying to enforce any provision of this Agreement shall not be deemed a waiver of such provision or any future enforcement of that provision.

  1. LICENSE GRANT AND RIGHTS

Women Flying grants you a limited, non-exclusive, non-transferable, revocable license to access and use the services and content solely for your personal, non-commercial use, subject to your compliance with this Agreement. Any rights not expressly granted to you are reserved by Women Flying and its licensors.

You acknowledge and agree that the services, content, software, and Licensed Merchandise (collectively, the “Materials”) are owned, controlled, or licensed by Women Flying, and are protected by copyright, trademark, patent, trade secret, or other intellectual property rights. This Agreement does not convey any ownership rights to you, and you agree not to challenge or dispute Women Flying’s ownership of the Materials.

  1. PROHIBITED USES

You are expressly prohibited from:

  • Commercial Use: You may not use the Materials for any commercial purpose without prior written consent from Women Flying.
  • Unauthorized Distribution: You may not reproduce, distribute, publicly display, or perform the Materials, except as expressly permitted in this Agreement.
  • Modification or Derivatives: You may not modify or create derivative works based on the Materials, including any customization of Licensed Merchandise, without the prior written consent of Women Flying.
  • Use in a Competitive Context: You may not use the services or content to compete with Women Flying or use them in a manner that provides a benefit to a competitor.
  1. USER-GENERATED CONTENT

You may be allowed to submit, upload, or post content, including but not limited to images, text, comments, or media (“User-Generated Content”) in certain areas of the services. By submitting User-Generated Content, you grant Women Flying a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, display, and distribute your User-Generated Content in any form or medium, including but not limited to promotional and marketing materials.

You acknowledge and agree that Women Flying has the right, but not the obligation, to monitor, remove, or edit any User-Generated Content for any reason, including content that Women Flying deems to be inappropriate, offensive, or in violation of this Agreement.

  1. NO THIRD-PARTY BENEFICIARIES

This Agreement is between you and Women Flying, and no third party will have any rights to enforce any provisions of this Agreement, whether by virtue of contract law or any other legal theory, unless expressly stated in this Agreement.

  1. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

If you believe that any content on the services infringes upon your copyright, you may submit a notice to Women Flying in accordance with the Digital Millennium Copyright Act (DMCA). Please provide a written communication that includes:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of the material that is claimed to be infringing and where it is located;
  4. Your contact information, including your address, telephone number, and email address;
  5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
  1. COMMUNICATIONS

By using the services, you consent to receiving electronic communications from Women Flying, which may include account notifications, promotional messages, or other communications. You may opt out of promotional emails by following the “unsubscribe” instructions in such communications. However, Women Flying reserves the right to send you communications related to your use of the services, such as service updates, legal notices, or security notifications, which you may not opt out of.

  1. SUBMISSIONS

Any feedback, ideas, suggestions, or other submissions you provide regarding Women Flying’s services or content (“Submissions”) will be non-confidential and become the sole property of Women Flying. Women Flying will own all rights, including intellectual property rights, to these Submissions and will be entitled to the unrestricted use and dissemination of the Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

  1. INTERNATIONAL USE

The services and content provided by Women Flying are operated from the United States and are intended for use by residents of the United States. If you access or use the services or content from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Women Flying makes no representation that the services or content are appropriate or available for use outside the United States.

  1. FORCE MAJEURE

Women Flying will not be liable for any failure or delay in performance under this Agreement resulting from causes beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, government action, labor conditions, power outages, and internet service disruptions.

  1. PRIVACY POLICY

Your use of the services and content is subject to Women Flying’s Privacy Policy, which is incorporated by reference into this Agreement. You agree to review the Privacy Policy to understand how Women Flying collects, uses, and discloses your personal information.

  1. CHANGES TO THIS AGREEMENT

Women Flying reserves the right to modify this Agreement at any time by posting an updated version on its website or within the services. You are responsible for reviewing the Agreement periodically for any changes. Continued use of the services or content following any changes constitutes your acceptance of the modified Agreement.

  1. ASSIGNMENT

You may not assign or transfer this Agreement, or any rights or obligations hereunder, without the prior written consent of Women Flying. Women Flying may assign this Agreement or any rights or obligations hereunder to any third party without your consent.

  1. NON-DISCRIMINATION CLAUSE

Women Flying is committed to providing an inclusive and welcoming environment for all individuals, regardless of race, color, religion, national origin, sex, gender identity or expression, sexual orientation, age, disability, or any other legally protected characteristic.

By using the services, content, and merchandise provided by Women Flying, you agree to:

  • Non-Discriminatory Use: You will not use the services, content, or merchandise in any manner that promotes or engages in discrimination, harassment, or harm against any individual or group based on the aforementioned protected characteristics.
  • Inclusive Conduct: You agree to treat all participants in Women Flying’s community, including employees, users, and other stakeholders, with respect and dignity, free from discrimination and harassment.

Women Flying reserves the right to terminate or suspend access to any user who violates this Non-Discrimination Clause or engages in any behavior deemed harmful or offensive.

  1. CONTACT INFORMATION

If you have any questions regarding this Agreement, please contact:

Women Flying
1309 Coffen Ave 1200, Sheridan, WY 82801 email: support @womenflying.com

By clicking “I Agree” or accessing or using the services or content provided by Women Flying, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.

Date of Last Revision: 9/11/2024