Terms & Privacy Notice

JustPlaneHappy.com is owned and operated by Just Plane Happy, LLC (the “Owner”, “we”, “our”). By accessing and/or using this website (the “Site”) and/or the AvID mobile app (the “App”) and related services (the “Services”), you agree to these Terms and Conditions, which include our Privacy Policy below. You should review our Privacy Policy and these Terms carefully and immediately cease using our website or app if you do not agree to these Terms.

Terms of Service

Eligibility & Registration

This Site, the App and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site, the App or the Services, you represent and warrant that you are at least eighteen (18) years of age.

Your Use of the Site, the App and the Services

By accessing and/or using the Site, the App or any Services, you agree to comply with these guidelines: Your use of the Site, the App and the Services including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; you will not use this Site, the App or the Services in a manner that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User or any other third party,  or that is otherwise objectionable;. you will not use this Site, the App or the Services for hate speech, hate crimes or violence; You will not use this Site, the App or the Services to send spam or other unsolicited bulk email, for computer or network hacking or cracking, or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the Site, the App or the Services; you will not copy or distribute in any medium any part of the Site, the App or the Services; you will not use this Site, the App or the Services, for any commercial use; and you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

The Owner reserves the right to modify, change, or discontinue any aspect of this Site, the App or the Services at any time.

Accessing and Downloading the App from iTunes

The following terms apply to any downloads of the App from Apple.  These terms are in addition to all other terms contained in this Agreement:

In-App Purchases

Some in-app purchases like the ability to download the latest aircraft or airshow databases are auto-renewable subscriptions:

  1. Payment will be charged to iTunes Account at confirmation of purchase
  2. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
  3. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
  4. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
  5. You are responsible for any recurring charges that take place prior to cancellation
  6. You can refer to our privacy policy below
  7. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

Intellectual Property

The content on this Site, the App and the Services are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of the Owner. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. If you violate any part of this Agreement, your permission to access and/or use the Content and the Site, the App or the Services can be terminated.

Links to Third-Party Websites

This Site, the App and the Services may contain links to third-party websites that are not owned or controlled by the Owner. These links are provided solely as a convenience to you and do not constitute an endorsement of the content on such websites nor of the business practices of those operating those websites. The Owner has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, we do not censor or edit the content of any third-party websites. By using this Site, the App or the Services, you expressly release the Owner from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave this Site, the App or the Services and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

Indemnity

You agree to indemnify and hold harmless the Owner and its affiliates, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to your breach of these Terms or your misuse of the Site, the App, or the Services.

Disclaimer of Warranties and Limitation of Liability

THE SITE, THE APP, THE SERVICES ARE AVAILABLE “AS IS.” THE OWNER DOES NOT WARRANT THAT THE SITE, THE APP, OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE INFORMATION AVAILABLE THROUGH THE SITE, THE APP, OR THE SERVICES.

WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SITE, THE APP, THE SERVICES, OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE, THE APP, OR THE SERVICES. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE, THE APP, THE SERVICES AND ANY BETA FEATURES. WE DO NOT GUARANTEE OR WARRANT THAT THE BETA FEATURES, THE SERVICES, THE SITE, THE APP, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Privacy Policy

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your email address or other details to help you with your experience.
When do we collect information?
We collect information from you when you fill out a form or enter information on our site. (i.e. provide us with feedback on our products or services)
How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

      • To allow us to better service you in responding to your customer service requests.
      • To ask for ratings and reviews of services or products
How do we protect your information?
We do not use vulnerability scanning and/or scanning to PCI standards.
We only provide articles and information. We never ask for credit card numbers.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
We do not use cookies for tracking purposes
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.that make your site experience more efficient and may not function properly.
Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third-party links
We do not include or offer third-party products or services on our website.
Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We have not enabled Google AdSense on our site but we may do so in the future.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
      • On our Privacy Policy Page
Can change your personal information:
      • By emailing us
      • By logging in to your account
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not collect information from children under 13
We do not let third-parties, including ad networks or plug-ins collect PII from children under 13
We adhere to the following COPPA tenants:
      • Parents can review, delete, manage or refuse with whom their child’s information is shared through contacting us directly.
Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
      • Within 7 business days
We will notify the users via in-site notification
      • Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
      • Send information, respond to inquiries, and/or other requests or questions
To be in accordance with CANSPAM, we agree to the following:

If at any time you would like to unsubscribe from receiving future emails, you can email us at help@justplanehappy.com

and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

 

Just Plane Happy
P.O. Box 363
Sutton, MA 01590
United States
help@justplanehappy.com
Last Edited on 2018-05-22