1. ACCEPTANCE OF TERMS
X-Aviation, comprised of the internet site www.x-aviation.com (the "X-Aviation site"), provides the information and services on the X-Aviation site to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Your use of the X-Aviation site constitutes agreement with such Terms.
Before using the X-Aviation site, please carefully read this agreement relating to your use of the X-Aviation site. By using the X-Aviation site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the X-Aviation site.
X-Aviation reserves the right, at X-Aviation's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, X-Aviation intends to provide users with up to 30 days of advance notice.) Your continued use of the X-Aviation site following the posting of changes to these Terms will mean that you accept those changes.
Use of the X-Aviation site constitutes full acceptance of and agreement to the Terms; if a user does not accept X-Aviation Terms, he or she is not granted rights to use the X-Aviation site as defined herein, and should refrain from accessing the X-Aviation site.
To update these Terms, X-Aviation will post both the changed version and its effective date on this page.
X-Aviation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all the X-Aviation site (or any part thereof). X-Aviation shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHBIITED USE
By using the X-Aviation site, you warrant to X-Aviation that you will not use the X-Aviation site, or any of the content obtained from the X-Aviation site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the X-Aviation site automatically terminates.
3. DESCRIPTION OF SERVICES
The X-Aviation site is owned and operated by X-Aviation for the purpose of providing information about X-Aviation's flight simulation products, and providing online support services. Such services are provided with the understanding that: (1) support is only offered to products that have not been altered in any form or fashion and (2) any modifications of any X-Aviation products will be at your own risk, but limited to section 15 of these terms (see below). We do not condone editing any files of any sort unless otherwise written to you, the customer. When in doubt, ask!
4. REGISTRATION OBLIGATIONS
When requested, each X-Aviation site user must: (1) personally provide true, accurate, current and complete information on the X-Aviation site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, X-Aviation has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, X-Aviation may suspend or terminate that user's account and prohibit any and all current or future use of the X-Aviation site (or any portion thereof) by that user other than as expressly provided herein. Refunds will not under any circumstance be given for misuse of this clause.
Each user will receive passwords and account designations upon completing certain X-Aviation site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. X-Aviation cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify X-Aviation of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not X-Aviation, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the X-Aviation site. No user shall transmit Content or otherwise conduct or participate in any activities on the X-Aviation site that, in the judgment of X-Aviation, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
X-Aviation reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, X-Aviation shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. X-Aviation, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by X-Aviation to protect the rights, property, or personal safety of the X-Aviation site's users and the public. X-Aviation does not control all Content posted to the X-Aviation site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will X-Aviation be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the X-Aviation site.
Each user, by using the X-Aviation site, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE X-AVIATION SITE:
Use, reproduction, modification, and other intellectual property rights to data stored on the X-Aviation site will be subject to licensing arrangements that may be approved by X-Aviation as applicable to such Content.
With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers ("X-Aviation Public Content"), the submitting user retains ownership of such X-Aviation Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by X-Aviation. In each such case, the submitting user grants X-Aviation the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
Content located on any X-Aviation-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate license applicable to such Content, or to such other licensing arrangements as may be approved by X-Aviation as applicable to such Content.
7. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the X-Aviation site, use of the X-Aviation site, or access to the X-Aviation site.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
X-Aviation may establish general practices and limits concerning use of the X-Aviation site. While X-Aviation will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, X-Aviation has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any the X-Aviation site. X-Aviation reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. X-Aviation reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
X-Aviation may terminate a user's account in X-Aviation's absolute discretion and for any reason. X-Aviation is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an the X-Aviation site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (4) as required by law, regulation, court or governing agency order.
X-Aviation's termination of any user's access to any or all the X-Aviation site may be effected without notice and, on such termination, X-Aviation may immediately deactivate or delete user's account and/or bar any further access to such files. X-Aviation shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. X-Aviation reserves the right to delete, or not delete, a user's account at X-Aviation's sole discretion, as well as to delete, or not delete, content at X-Aviation's sole discretion.
X-Aviation, any the X-Aviation site or a third party may provide links to other websites. X-Aviation exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. X-Aviation shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The X-Aviation site's Privacy Statement is applicable only when you are on an the X-Aviation site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless X-Aviation, and its affiliates and their respective officers, employees and agents, and each of X-Aviation's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the X-Aviation site; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER'S USE OF THE X-AVIATION SITE IS AT HIS OR HER SOLE RISK. THE X-AVIATION SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND X-AVIATION ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. X-AVIATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, X-AVIATION MAKES NO WARRANTY THAT (i) THE X-AVIATION SITE OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF X-AVIATION's GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, X-AVIATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF X-AVIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY THE X-AVIATION SITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GOFLIGHT SITE; OR ANY OTHER MATTER RELATING TO THE X-AVIATION SITE. IN NO EVENT SHALL X-AVIATION's TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN X-AVIATION AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, X-AVIATION DOES NOT AND CANNOT CONTROL THE ACTIONS OF THE X-AVIATION SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE X-AVIATION SITE. OPERATION OF THE X-AVIATION SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY X-AVIATION.
12. TRADEMARK INFORMATION
X-Aviation, the X-Aviation logo and other X-Aviation trademarks, service marks, product and service names are X-Aviation trademarks or registered trademarks in the United States and in other countries (the "X-Aviation Marks"). All other names and designs may be trademarks of their respective owners. Users may display or use the X-Aviation Marks only in accordance with X-Aviation's Trademark Use Guidelines.
X-Aviation respects the intellectual property rights of others, and requires that the people who use the X-Aviation site do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit X-Aviation to locate the material, including the full URL.
(4) your name, address, telephone number, and email address.
(5) 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;
(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If X-Aviation receives such a claim, X-Aviation reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:
933 Carolyn Ave.
Modesto, CA, USA 95350
After receiving a claim of infringement, X-Aviation will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, X-Aviation will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. X-Aviation will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, X-Aviation will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, X-Aviation will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless X-Aviation's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the X-Aviation system or network.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
(1) your physical or electronic signature;
(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;
(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which X-Aviation may be found and that you will accept service of process from the person who provided the initial notification of infringement.
14. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and X-Aviation and govern each user's use of the X-Aviation site, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and X-Aviation shall be governed by the laws of the State of California without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Stanislaus, California. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
15. LICENSE APPLICABLE TO PRODUCTS SOLD
No user of X-Aviation site may modify (personally or commercially) or re-distribute X-Aviation site products without prior written consent from an administrator at X-Aviation. Sharing methods of modification (how to do so) is strictly prohibited and is grounds for termination of a user license or account. An exception is made for aircraft re-paints, which may not only be modified, but may also be re-distributed. In this instance X-Aviation will typically provide a paintkit for user to modify files eligible for modification under these terms.
Please report any violations of the Terms (except for claims of intellectual property infringement) to the X-Aviation Site Director at firstname.lastname@example.org