This document was last updated on December 27, 2020.
Flight Path Simulation and its website provide a service for flight simulation enthusiasts to review flight simulation content, use a community forum or bulletin board to allow communication online with other members and allow members to create personal profiles to communicate online with other members (the “Service”). The Service is operated by Flight Path Simulation, (“FPS”).
This Agreement details the legally binding terms for use of the Service and your membership with FPS. FPS may modify this Agreement from time to time and you agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted to the FPS website. It is the responsibility of the member to keep abreast of changes in this Agreement.
FPS reserves the right, in its sole discretion, to reject, or remove any posting by any member, or to restrict, suspend, or terminate a member’s access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.
1. Access to FPS Service
- Members represent that they are 15 years of age, or older, at the time of first registering on the Website. Further, members represent that if they are between 15 and 18 years of age, their legal guardian has reviewed and agrees to this Agreement.
- Members may only hold one account at a time.
- Members take full responsibility for the content they publish on FPS Website.
- Members warrant that use of FPS Website complies with all local laws and statutes.
This Agreement shall remain in full force and effect while you use FPS Website. You may terminate your membership at any time, for any reason. FPS may terminate your membership at any time, for any reason. Even after membership is terminated, this Agreement will remain in effect, including sections 5, 6, 7, 8, 10, 11, 12, 13, and 14.
3. Non-Commercial Use by Members
The Website is for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by FPS. Appropriate legal action, including but without limitation, civil, criminal, and injunctive redress will be taken by FPS for any illegal or unauthorized use of the Website.
4. Service for Flight Simulation Only
All materials available on the Website and any services referred to or provided by FPS are for flight simulation purposes only and are not to be used for real flights.
5. Proprietary Rights in Content
FPS owns and retains all proprietary rights in the Website and the Service, EXCEPT services, or other products which belong to the original author. Except for that information which is in the public domain or for which you have been given written permission (either by letter or electronic mail), you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
6. Content Posted Using the Service
- FPS may review and delete any content, messages, Discord messages, photos, or profiles (collectively refer to as “Content”) that, in the sole judgment of FPS, violate this Agreement or the general spirit of FPS.
- You are solely responsible for the Content that you publish on the Service or any material you send to other members.
- By posting Content on any public area of the Website, you automatically grant as well as represent and warrant that you have the right to grant to FPS, an irrevocable, perpetual, non-exclusive, free of charge, worldwide license to use, copy, perform, display, and distribute such information and content to FPS and that FPS has the right to prepare derivative works of, or incorporate into other works, such information and content without liability or payment to you.
- By using the Service, you agree not to transmit content that:
- promotes racism, hatred or physical harm of any kind against any group or individual;
- harasses or defames another person;
- contains or promotes “junk mail” or “spam”;
- involves commercial activities and/or sales without FPS’ prior written consent such as giveaways or pyramid schemes. contains or provides information about an illegal or unauthorized copy of copyrighted work;
- displays pornographic material of any kind;
- provides material that exploits people under the age of 18 in a sexual or violent manner; or
- provides instructional information about illegal activities.
- Even though all of this is strictly prohibited, FPS does not guarantee the removal of these items and members may be exposed to such items. You further waive your right to any damages (from any party, including FPS) related to such exposure.
7. Copyright policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. FPS may display content on the Website that is copyrighted by a third party. Any suspected infringement of copyright should be reported to: email@example.com or via our Contact Us form.
8. Member Disputes
You are solely responsible for your interactions with other FPS members. However, from time to time, FPS may intervene in disputes between members and may impose sanctions on member activity on FPS Website including, but not limited to, temporary suspension of the account, requirement for moderation for any messages posted by the member(s) on the Service and termination of access to the Service. In all such situations, the decision of FPS shall be final and binding on all parties involved.
- FPS is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, members or by any of the equipment or programming associated with or utilized in the Service.
- FPS is not responsible for the conduct, whether online or offline, of any user of the Website or member of the Service.
- FPS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communication.
- FPS is not responsible for any problems or technical malfunction of any network, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service.
- Under no circumstances shall FPS be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to members, or any interactions between users of the Website, whether online or offline.
- The Website and the Service are provided “AS-IS” and FPS expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
- FPS cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
- FPS does not guarantee the availability of the Service. No advice or information, whether oral or written, obtained by user from FPS or through or from the service shall create any warranty not expressly stated herein.
11. Limitation of Liability
IN NO EVENT SHALL FPS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICE, EVEN IF FPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FPS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO FPS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of Texas without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Texas.
You agree to indemnify and hold harmless FPS, its subsidiaries, affiliates, officers, agents, and other partners and employees, from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a member of the Service. This Agreement constitutes the entire agreement between you and FPS regarding the use of the Website and/or the Service. The failure of FPS to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.