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Have Your Say! We Want Your Story!

Virgin America invites you to tell us stories about flights, travel tips and amusing experiences in the sky or on the ground. Take a moment to submit your anecdotes, photos and videos. There's a good chance your submission will be featured on our website. So have some fun with it and don't hold back. Although some of you (and you know who you are) will have to control yourselves!

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   Please do not upload copyrighted, unappropriate or any other material which violates Virgin America's Terms and Conditions.

Virgin America Community Site - Usage Terms and Conditions Welcome to Virgin America's community site (the "Site")! Here, you may submit and share materials such as audio, videos, pictures, comments and text. Please read the following terms and conditions relating to the use of this Site carefully ("Terms and Conditions"). These Terms and Conditions govern your access to and use of this Site, including any content and information therein and apply to you whether you are a Virgin America guest or team member. You must be at least 18 years of age to use this Site. For purposes of these Terms and Conditions, the terms "Virgin America," "we," "us," and "our" refer to Virgin America Inc., a Delaware corporation, and, if applicable, its subsidiaries and affiliates. Any content or materials you submit to this Site are referred to as "Submission Materials." If you do not accept these Terms and Conditions you may not access or use this Site. Please note that these Terms and Conditions do not govern your use of our main website located at www.virginamerica.com. 1. Modification of the Site or Terms and Conditions. Virgin America reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site or modify these Terms and Conditions without advance notice. All modified terms and conditions will be will be posted on the Site or made in compliance with any notice requirements set forth in these Terms and Conditions. If any modification is not acceptable to you, your sole remedy is to cease using the Site. By continuing to access or use the Site after Virgin America has posted any modifications on the Site or provided any required notices, you accept and agree to be bound by the modifications. 2. General Conduct. You will only use this Site for authorized and lawful purposes, consistent with all applicable laws and regulations and the rights of others. You will not use this Site to post or submit Submission Materials in violation of any applicable law or regulation or that may expose Virgin America to legal liability. You will not attempt to violate these Terms and Conditions, nor assist any other person to violate these Terms and Conditions. Virgin America may, in its sole discretion, suspend or terminate this Site, or your use of it at any time for any reason. Virgin America will cooperate with government authorities and third parties in the investigation of alleged wrongdoing. 3. Responsibility for Content. Virgin America is not responsible for the accuracy, completeness, appropriateness, legality or applicability of Submission Materials or anything said, depicted or written by users, including without limitation any information obtained by using this Site. The Submission Materials reflect the perspectives and opinions of the persons submitting them only, not Virgin America's. Virgin America is under no obligation to use any Submission Materials or to make your Submission Materials available on the Site or otherwise. Virgin America may, at its option, establish limits concerning Submission Materials, including without limitation the maximum number of days that Submission Materials will remain on this Site and the maximum size of any files that may be stored on or uploaded to this Site. Virgin America shall have no responsibility or liability and you are solely responsible for creating back-ups of your Submission Materials and Virgin America is under no obligation to return any Submission Materials to you. Virgin America does not endorse any Submission Materials or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Virgin America with respect thereto. 4. Inappropriate Content. You will not use this Site to post or submit Submission Material: (i) that is inappropriate, as reasonably determined by Virgin America; (ii) that is indecent, obscene, pornographic, defamatory, libelous, abusive, hateful, or violent; (iii) that is fraudulent, false, deceptive or promotional or advertising in nature; or (iv) that discriminates or harasses or promotes discrimination or harassment against anyone, or that contains solicitations of any kind. "Solicitation" includes such activities as requests for signatures, contributions for charities, support of political or other organizational activities, merchandise purchases and requests for donations. 5. Virgin America Team Member Likenesses. In order to respect everyone's privacy rights, Virgin America guests should refrain from using Virgin America team members' names or likenesses in Submission Materials, and should refrain from descriptive information which would identify a Virgin America team member. 6. Responsibilities of Virgin America Team Members. Virgin America team members must identify themselves as Virgin America team members in all Submission Materials and make clear that they are speaking on their own behalf, rather than on behalf of the company. Virgin America team members agree to comply with all company policies in the submission of materials to this Site. 7. Interactions with other Users. You are solely responsible for your interactions (including any disputes) with other users. You understand that Virgin America does not in any way screen users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using this Site and disclosing personal information to other users. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to meet a user offline, or in person. Your use of this Site, Submission Materials and any other information or other materials made available through this Site is at your sole risk and discretion and Virgin America hereby disclaims any and all liability to you or any third party relating thereto. Virgin America reserves the right to contact users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms and Conditions. You will cooperate fully with Virgin America to investigate any suspected unlawful, fraudulent or improper activity. 8. License Grant. By posting, submitting or providing any Submission Materials to Virgin America via this Site or otherwise, you hereby grant Virgin America the following rights: a. An irrevocable, worldwide, non-exclusive, fully-paid-up, royalty-free, perpetual license to use, copy, distribute, publicly display, publicly perform, reproduce, modify, create derivative works based upon, and otherwise exploit the Submission Materials for any purpose; b. An irrevocable, worldwide, non-exclusive, fully-paid-up, royalty-free perpetual right to use your name, voice, image, likeness, signature and biographical data in connection with any Submission Materials and any promotional activity; and c. An irrevocable, worldwide, non-exclusive, fully-paid-up, royalty-free perpetual right to sublicense or assign or otherwise transfer to any other person or entity any rights granted by you under these Terms and Conditions. 9. Intellectual Property. a. Content accessible through this Site may be subject to protection under privacy, publicity or other personal and intellectual property rights, including but not limited to, copyrights, patent, trademark, trade secret or other proprietary information rights. You will not use this Site in any manner that would infringe, dilute, misappropriate or otherwise violate any such rights. Virgin America will own all right, title and interest in and to all derivative works and compilations of Submission Materials that are created by Virgin America, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by Virgin America to give to Virgin America the full benefit of the rights granted to Virgin America by you. b. You represent and warrant that: 1. You have the full power and authority to enter into these Terms and Conditions, and to perform all of your obligations set forth in these Terms and Conditions; 2. You own or have the necessary licenses, rights, consents and permissions to grant the licenses in Section 8 to Virgin America; 3. The Submission Materials provided by you do not violate any intellectual property, privacy or publicity rights of any third parties; and 4. The public performance, display, reproduction or any other exploitation of the Submission Materials provided by you will not violate any law, ordinance or regulation of any jurisdiction. 10. Additional Obligations. You further agree to the following: a. Virgin America shall not have any obligation to provide you with any credit or compensation when using your Submission Materials for any purpose, but in the event Virgin America chooses to provide you with credit the size and placement of the credit shall be at Virgin America's sole discretion. b. To the maximum extent permitted under applicable law, you hereby waive any "moral rights" that you may have in any Submission Materials. Without limiting the terms of Section 8, you hereby approve any and all uses, public performances, public displays, publications, reproductions and other exploitations of the Submission Materials or of any modifications of or derivative works based thereon that Virgin America or any third party sublicensed or otherwise authorized by Virgin America may make. c. You shall not sue, and you irrevocably, unconditionally and entirely release, and hold Virgin America and its parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives, successors, assigns and sublicensees, jointly and individually (hereinafter collectively referred to as "Releasees") harmless from any and all manner of liabilities, claims and demands of any kind or nature, whatsoever, in law or equity, whether known or unknown, which you ever had, now have, or in the future may have against the Releasees relating in any way to the Submission Materials provided by you or any other Submission Materials. 11. Indemnification. You agree to defend, indemnify, and hold Virgin America, its parents, subsidiaries, affiliates, directors, officers, employees, agents, representatives, successors, assigns and sublicensees, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of any Submission Materials and this Site and any other content therein; (ii) your violation of these Terms and Conditions; (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your Submission Materials caused damage to a third party, including, without limitation, claims that your Submission Materials are infringing. 12. Disclaimer of Warranties. Your use of any Submission Materials and this Site and any other content therein is at your sole discretion and risk. The Submission Materials and this Site, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. VIRGIN AMERICA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO ANY SUBMISSION MATERIALS AND THIS SITE AND ANY OTHER CONTENT THEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Virgin America disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of this Site; or (ii) that any Submission Materials or this Site and any other content therein will be error-free or that any errors will be corrected. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. 13. Limitation of Liability. IN NO EVENT SHALL VIRGIN AMERICA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY SUBMISSION MATERIALS OR THIS SITE AND ANY OTHER CONTENT THEREIN WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT VIRGIN AMERICA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL VIRGIN AMERICA'S CUMULATIVE LIABILITY TO YOU EXCEED $25. 14. General. In the event that any provision in these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision. You may not assign these Terms and Conditions (by operation of law or otherwise) without the prior written consent of Virgin America and any prohibited assignment will be null and void. Virgin America may assign these Terms and Conditions or any rights hereunder without your consent. The relationship of the parties under these Terms and Conditions is that of independent contractors, and these Terms and Conditions will not be construed to imply that either party is the agent, employee, or joint venturer of the other. These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms and Conditions will be brought exclusively in courts located in California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that these Terms and Conditions and the rules, restrictions and policies contained herein, and Virgin America's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Virgin America. These Terms and Conditions together with the rules and policies of Virgin America constitutes the entire Terms and Conditions between Virgin America and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by Virgin America via email (in each case to the address that you provide), (b) a posting on this Site, or (c) by you via email to interactivemarketing@VirginAmerica.com or to such other addresses as Virgin America may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

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