Terms of Use

These Terms of Use describe your use of the Website ("We", "Site", "Platform", "Flightsim.to") and by using the Site you ("User", "Customer") agree to be bound by these terms. Our Privacy Policy is also part of these terms. Flightsim.to essentially provides a free service that allows users to upload, promote and showcase content that other users can download, view, comment, interact with or follow.

Account Creation

(1) You may be required to create a user account in order to use or access certain aspects of the Site. You agree that all of the details you provide in connection with your account are about yourself and not about another individual. All information give have to be accurate and up to date. You are responsible for your account yourself and have to make sure that no third party or any other individual can access it. Customer accounts are not transferable. Granting access to third parties is expressly prohibited. The holder of the customer account is responsible for all activities on his account. In the case of unauthorised activities - especially those against our Terms of Use - Flightsim.to reserves the right to close the customer account temporarily or completely without further notice.

Account Suspension and Termination

(2) You agree that Flightsim.to - the Site - has the right, at its sole discretion, to investigate any actual or suspected violation of these Terms of Use and to suspend or terminate your account and refuse you access to your account or the Site for any reason, including if Flightsim.to believes that you have violated these Terms of Use or any applicable law.

(2.1) You can terminate or close your account at Flightsim.to at any time. A notice period of 31 days applies. To close or delete your account you need to expressly inform us that you want to close or permanently delete your account.

Account Security

(3) You may not use anyone else's account at any time and you may not allow anyone else to use your account at any time. You are responsible for all activity occurring under your account, including all activities or transactions conducted through the use of your account. You are responsible for maintaining the confidentiality of your account username and password, and agree not to disclose your username and password to anyone. You agree not to transfer, resell, or otherwise convey your account or the right to use your account to anyone. You agree that this Site will not be liable for any loss you may incur as a result of someone else using your account, either with or without your knowledge. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password; and (ii) immediately notify us of the problem through our contact page.

User Content

(4) Certain aspects of the Site may allow you to submit or post a variety of content to the Site, such as text, images, files, videos, and other content, either directly to the Service or through a Third Party Service (collectively, "User Content"). Please be aware that User Content is not confidential and may be accessible by other users and the public. Moreover, by submitting or posting User Content to the Service (either directly or through a Third Party Service) you grant this Site a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, assignable, unrestricted, worldwide license to use the User Content, together with all consents or waivers (if any) necessary to distribute, publicly perform, publicly display, transmit, communicate to the public and modify the User Content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise and promote such use, without further notice to, or permission from, you or any other person, and without compensation or reference to you or any other person. This above mentioned licence is only for the purpose of providing and maintaining the Flightsim.to services according to our legitimate interest. This licence ends when you delete your User Content or account, unless your content has been shared with other users and they have not deleted the content. When you delete User Content, it is removed in a manner similar to emptying the recycle bin on a computer. You should be aware that removed content will persist in backup copies for a reasonable period of time, which are not accessible to others.

(4.1) Please retain copies of all User Content as this Site is under no obligation to store or return any User Content to you. You are solely responsible for your User Content. This Site only acts as a passive conduit for User Content, and will not be liable for any use, disclosure, or exposure of any User Content, including possibly objectionable or offensive User Content, to you, any other user, or any third party. Flightsim.to is under no obligation to monitor User Content or use of the Site. However, this Site has the right to monitor or moderate User Content, in our sole discretion, and to enforce our or a third party’s intellectual property rights in any User Content. Flightsim.to reserves the right to discard or remove User Content from the Site in its sole discretion and without any liability.

(4.2) You represent and warrant the following as to your User Content: Your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, including copyrights or trademarks. Your User Content, as used in connection with the Site, will not violate any applicable laws or regulations or infringe or violate any rights of a third party.

(4.3) Additional terms for user-generated-content: Our community guidelines listed here are also part of these Terms of Service. Violations of the guidelines are treated similarly to violations of our Terms of Service.

Copyright

(5) If you believe that any User Content or other material on the Service infringes your copyright rights, please contact us with the exact URL of where the alleged infringing material is located. If we are notified that any User Content infringes another's intellectual property rights, we may remove such User Content. We have a repeat infringer policy and reserve the right to terminate your Account for submitting infringing User Content in violation of these Terms of Use once or on a repeated basis.

Disclaimer of Warranties

(6) Your use of the Site is at your own risk, and the Site is provided "as is" without warranties of any kind, either express or implied. Flightsim.to does not warrant that the service will be available, uninterrupted, secure, or error-free, that defects will be corrected, or that the service or the servers that make the service available are free of viruses or other harmful components. This Site does not accept any liability for any loss or damage arising from your use of the Site.

Changes to These Terms of Use

(7) Flightsim.to has the discretion to update these Terms of Use at any time. When we do, we will post a notification on our Site. Changes to the Terms of Use shall become effective no earlier than 7 days after notification by Flightsim.to. However, we encourage Users to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review these Terms of Use periodically and become aware of modifications. The new Terms of Use are deemed to have been accepted if you do not close your account, delete your account or stop using the Website after the new Terms of Use come into force as described above.

Limitation of Liability

(8) Flightsim.to is not liable for any damages incurred through the use of its services, including that which may be associated with the user-submitted content. You agree that any use of user-submitted content or modifications made to your property is done at your own risk. By submitting content to our services, you accept full responsibility for and absolve Flightsim.to of any liabilities associated with your submitted content, including any potential damages it may incur to anyone's property or well-being, directly or indirectly.

(8.1) The Platform assumes no liability for the topicality, correctness and completeness of the information provided on the Website. Liability claims against the Platform relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information are fundamentally excluded, unless the Platform can be shown to have acted willfully or grossly negligent Is at fault. All offers are non-binding. The Platform expressly reserves the right to change, add to, or delete parts of the pages or the entire offer or to cease publication temporarily or permanently without prior notice.

(8.2) The Platform shall be liable exclusively as follows: We shall be liable without limitation in accordance with the statutory provisions (i) for damages arising from injury to life, body or health; (ii) in the event of intent; (iii) in the event of gross negligence; and (iv) in accordance with the Product Liability Act. Without limiting the foregoing, we shall only be liable for ordinary negligence in the event of a breach of a "material" obligation under this Agreement. "Material" obligations in this sense are obligations which are necessary for the performance of the contract, the breach of which would jeopardise the achievement of the purpose of the contract, and compliance with which you may therefore regularly rely on. In these cases, liability is limited to typical and foreseeable damages; in other cases, there is no liability for slight negligence.

Email Communications

(9) By creating a account, you acknowledge that we may send email to the address associated with your account with important information regarding your account, as well as our services and policies. However, you are free to opt-out from emails that do not contain important information regarding your account or our service by letting us know that you no longer wish to receive such emails.

Purchasable Content

(10) Flightsim.to is merely a service provider. If digital content, digital files, software, digital products or services are offered, displayed, presented or shown for sale on the Website, Flightsim.to does not claim to be the seller or owner of such content, unless explicitly stated otherwise.

(10.1) Flightsim.to may list, offer, display, present or show digital products on its Website that can be purchased by the user. However, Flightsim.to does not claim to be the seller of these products. Flightsim.to merely enables third parties to sell contents to the user using a showcase on the Flightsim.to Website. If the user clicks on the "Buy" or "Order" button on a product's showcase page, Flightsim.to will direct the user to the third party's (the seller's) sales transaction website or form where the user will complete the purchase. Flightsim.to is not involved in the conclusion of the contract between seller and buyer, nor is it a contractual partner, unless explicitly stated otherwise.

(10.2) The terms of use of the seller or third party apply.

(10.3) The permanent provision of backup files, downloadable files, receipts and product keys in the customers account is a free service of Flightsim.to. There is no legal claim to this service, which can be discontinued at any time after delivery of the purchased product. The customer is responsible for saving the delivered product keys and / or downloaded files for future use.

(10.4) The use of the downloaded files is permitted exclusively for the customer's own, non-commercial use. Passing on or publishing the software, partial contents as well as software keys is prohibited. You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the use of or installation of the Software. You may not redistribute the Software in any form. You may not authorize any other user to operate the software using your credentials.

(10.5) Flightsim.to will provide product specific support regarding the files offered for sale by providing and ensuring that the buyer receives product-specific support from the developer of the product by providing contact details of the developer who can be contacted directly, as Flightsim.to is not the manufacturer or developer of these products, but merely lists such products.

(10.6) ALL SOFTWARES, DOWNLOADS AND FILES ARE PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

(10.7) No full refund will be provided on any software purchases or updates and all sales are final. Since the Website offers non-tangible, irrevocable goods we can not provide refunds after the product is purchased, which you acknowledge prior to purchasing any product on the Website. Please make sure that you've carefully read product description before making a purchase.

Others

(11) Each of the paragraphs of this Terms of Service operate separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

(11.1) If we do not insist immediately that you do anything you are required to do under this Terms of Service, or if we delay in taking steps against you in respect of your breaking this Terms of Service, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Contacting Us

If you have any questions about these Terms of Use or your dealings with the Site, please contact us using our contact form.

Last Updated: 16 June 2021