Terms of Use

THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH FLIGHTSIM.TO AND USE OF THE SERVICES PROVIDED THROUGH THE WEBSITE. These Terms of Use describe your use of this Website ("We", "Site", "Platform", "Flightsim.to", "Service") and by using this Site you ("User", "Customer", "You") agree to be bound by these terms. Please note that the 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. You agree to use the Website and Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. 

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.

(3.1) Number 3 does not apply if the unauthorised access to your Account was caused by an intentional or grossly negligent breach of duty on the part of Flightsim.to and if it can be excluded that you are substantially at fault. 

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.

(4.1) 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.

(4.2) The right granted does not entitle Flightsim.to to use User Content primarily against payment, for example through sale or sublicensing against payment, without the prior consent of the author. The granted right primarily serves to make the User Content available free of charge. The above mentioned licence is primarily for the purpose of providing and maintaining the Flightsim.to services according to our legitimate interest.

(4.3) This licence ends when you delete or terminate 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.

(4.4) Please retain copies of all your 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.

(4.5) 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. You will indemnify Flightsim.to on first demand against all claims that your User Content is unlawful and you will be fully liable for all costs and damages incurred by Flightsim.to as a result of your unlawful content. 

(4.6) The 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.

(4.7) Flightsim.to reserves the right, solely upon its own discretion, to refuse, remove, or disable access to User Content that Flightsim.to learns may be illegal or may violate the terms of these Terms of Service, although it has no obligation to do so. Flightsim.to's action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms of Service by any user (or any other third party) does not waive Flightsim.to's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Service violation.

(4.8) You are solely responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It is your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties' proprietary rights. You are also responsible for any content that you post or transmit as well as all content posted or transmitted through or by use of your User Account.

Copyright

(5) 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 the 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.

(8.1a) In no case shall the Platform, the directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

(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) If digital content, digital files, software, digital products, software programmes, digital goods or services are offered, displayed or presented for sale on the Website (against payment), Flightsim.to does not claim to be the contractual seller of such content, unless explicitly stated otherwise. If you are purchasing products displayed on this Website, you are not entering into a sales contract or purchase agreement with Flightsim.to, but with the respective third-party vendor, who is selling the product to you. The Platform supplies and provides access to purchased content to you. For this purpose, you are entering into a License Agreement with Flightsim.to upon purchase, and you understand that the End User License Agreement applies to the use of your supplied contents.

(10.1) Flightsim.to may list, offer, display, present or show digital products on its Website that can be purchased by the user. For this purpose, 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 now" or "Order" button on a product's showcase page, Flightsim.to will direct the user to the third party's (the vendor'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 vendor and buyer, nor is it a contractual partner of the purchase agreement, unless explicitly stated otherwise.

(10.2) All contents displayed on the Site do not constitute a binding offer on the part of the Site, but are merely a description which allow the User to submit a binding offer to the respective vendor.

(10.3) FastSpring® is a reseller and vendor authorized by Flightsim.to. When entering into a purchase agreement with FastSpring, you must accept FastSpring's Terms of Use and Privacy Policy and the respective agreements apply. This is explicitly pointed out to you before your purchases, but you can also find their terms here.

(10.4) As soon as the respective third-party vendor - such as FastSpring® - notifies us via technical interface that the order has been placed and the payment for the order has been received, the Platform will provide you with the download of the ordered products. The ordered products are made available to the User Account with which the ordering process on the Platform was initiated by clicking on the "Buy now" button. The products will not be delivered and the download link will not be provided until payment has been received in full and the third-party vendor reported the receipt of your payment to the Platform.

(10.5) All purchases of digital products delivered, provided, offered or made available to you through this Platform are governed by the End User License Agreement ("EULA") and you understand that the Platform delivers all products and goods under inclusion of the EULA. You understand that this End User License Agreement is part of our Terms of Use and applies alongside your agreement or contract with the respective third-party vendor. If you do not accept this End User License Agreement, the Platform is not obliged to make products available to you and you are not entitled to download or use the products.

(10.6) Notwithstanding the foregoing paragraph, the developer of the purchased products, as well as the applicable vendor of the products, are free to establish their own end-user license agreements, which you may also be required to accept in order to use the purchased products. If this is the case, you will be notified of this before the purchase is made. 

(10.7) It is the User's sole responsibility, especially if spam filters are used, to ensure that all e-mails sent by the Site or by third parties commissioned by the Site with the order processing can be delivered.

(10.8) 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.

(10.9) Flightsim.to will make best efforts to ensure that the buyer receives product-specific support from the developer of the product by providing contact details of the developer. As Flightsim.to merely acts as an service provider and supplier, Flightsim.to can not provide product-specific support. The User can contact the developer of the products directly to gain support, as Flightsim.to is not the manufacturer or developer of these products.

(11) 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.

(11.1) 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. If applicable, your statutory rights of return and cancellation remain unaffected by this clause.

(11.2) In deviation from clause 11.1, the developer of the product can grant a refund in individual cases. If a refund is sought after a completed purchase, the User has to contact the developer of the product immediately - no later than 14 days after completion of the purchase. In individual cases, the developer will decide whether to grant a refund at his sole discretion. Flightsim.to reserves the right to take legal action and to block all user accounts of the user if the user makes a refund that has not been agreed and approved in advance, for example by reversing payment transactions with his bank or a payment service provider.

(11.3)  In the event that these Terms of Use contradict the Terms of Use or Agreements of the respective third-party vendor, the Terms of Use and Agreements of the third-party vendor take precedence where not avoidable. 

Disclaimer

(12) ALL CONTENT AND/OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. THE WEBSITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. THE WEBSITE DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY FLIGHTSIM.TO ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

(12.1) THE USE OF THE WEBSITE, OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. FLIGHTSIM.TO ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FLIGHTSIM.TO OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

(12.2) IN NO EVENT SHALL FLIGHTSIM.TO OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, AND SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

(12.3) Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

(12.4) You may not use the Website or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website or Services. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services, or that interferes with any third party's use and enjoyment of the Website or Services. You agree that you will not use any third-party software that intercepts, "mines," or otherwise collects information from or through the Website or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Flightsim.to to all users of the Website or Services. You shall not institute, assist, or become involved in an attack upon any Flightsim.to server or otherwise attempt to disrupt the Flightsim.to servers. SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, THE WEBSITE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

(12.5) You hereby agree to indemnify and hold harmless Flightsim.to, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party (such as "Supported Resources"), including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service. 

(12.6) We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

Others

(13) 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.

(13.1) 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.

(13.2) Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of Flightsim.to's trademarks, trade names, copyrights and other intellectual property. UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE WEBSITE OR SERVICES IN ANY WAY.

(13.3) If you want to terminate this legal agreement with us (i.e. these Terms of Service), you may do so by notifying Flightsim.to at any time in writing at [email protected] Flightsim.to reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to Flightsim.to. You are solely responsible for cancelling your User Account. 

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 or email us at [email protected]

Last Updated: September 17, 2021