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Terms of Service
Revision: May 24th, 2018
Terms of Service
Introduction

1.1By continuing to use the website www.simbrief.com, by downloading, installing, or using the SimBrief Downloader program, or by clicking the "Register" button to create an account on SimBrief, you expressly acknowledge that you have read and understand the rights and obligations set forth in these Terms of Service. You expressly consent to be bound by these Terms of Service and grant to SimBrief the rights set forth herein.

Definitions

2.1"SimBrief" shall refer to the entire SimBrief Website (located at www.simbrief.com) as well as any other services or programs created or offered by the author(s) of SimBrief. "SimBrief" will also refer to the author(s) of SimBrief themselves.

2.2The "SimBrief Service" and the "SimBrief Website" shall be used interchangeably to denote the SimBrief website as well as any services or programs created or offered by SimBrief's author(s).

General Provisions

3.1SimBrief shall endeavour to provide its service with minimal disruptions. However, no warranty is given that the service shall be available on an uninterrupted basis, and no liability will be accepted in respect to losses or damages arising out of such unavailability.

3.2SimBrief gives no warranty regarding the accuracy or completeness of the content of the SimBrief Service. No liability will be accepted for any losses or damages arising out of errors or omissions contained in the SimBrief Service.

3.3Access to SimBrief is at the user's own risk and no warranty is given that using SimBrief or downloading any material from it will not cause damage to any property, including but not limited to loss of data or computer virus infection.

3.4SimBrief is entitled, without any liability, to restrict, suspend, or interrupt the SimBrief Service without any notice to you.

3.5SimBrief may change the technical features of its service at its own discretion and without any notice to you.

3.6You acknowledge and understand that the data which is downloaded using the SimBrief Service is dated and must not under any circumstances be used for real-world aeronautical navigation.

3.7You acknowledge and understand that the SimBrief Service is intended for ground based recreational computer game simulator software only. The SimBrief Service may not be used by professional training centers.

3.8You must be aged 13 years or older to register on or make use of the SimBrief Service.

Your Responsibilities

4.1You agree to use the SimBrief Service in accordance with these Terms of Service, the End User License Agreement of any SimBrief Software, and any applicable legislation.

4.2If you do not fulfill your obligations set forth in these Terms of Service, the End User License Agreement of any SimBrief Software, or the applicable legislation, SimBrief will be entitled to suspend the provision of the SimBrief Service.

4.3You agree not to sell or resell the SimBrief Service to any third party.

4.4You acknowledge and agree to use the SimBrief Service solely for lawful purposes.

4.5You agree not to copy or reproduce any portion of the SimBrief Service or website without SimBrief's express written consent.

4.6You agree to indemnify and hold SimBrief, and any individuals responsible for the creation and maintenance of the SimBrief Service, harmless against any and all third-party claims, actions, proceedings and costs, including but not limited to reasonable attorney's fees, incurred by SimBrief arising out of or relating to your violation of the Terms of Service, applicable law or rights of any third parties and/or the misuse of the SimBrief Service.

Your SimBrief Account

5.1In order to make use of the SimBrief Service, you will be granted a SimBrief Account which will be accessible using a Username and Password. You are solely responsible for maintaining the confidentiality of the Username and Password used to access your Account. You are equally responsible and liable for all activities conducted through your SimBrief Account.

5.2You agree to immediately notify SimBrief of any unauthorized and/or fraudulent use of your SimBrief Account. You agree to indemnify SimBrief against any and all third party claims and all related liabilities arising out of, or relating to, the use of your SimBrief Account. SimBrief will not be liable for any damages resulting from the unauthorized and/or fraudulent use of your Account.

5.3SimBrief reserves the right to deactivate or remove your SimBrief Account if required to prevent fraudulent use of the SimBrief Service.

Privacy and Personal Information

6.1SimBrief is committed to your privacy and the protection of your personal data. To this end, a Privacy Policy has been published on the SimBrief Website that describes what Personal Information is collected and how it is used. In order to be eligible to register for a SimBrief Account, you will be required to consent to the collection of your Personal Information in accordance with SimBrief's Privacy Policy.

Intellectual Property

7.1All intellectual property rights regarding the SimBrief Service, including but not limited to the software and related documentation developed by SimBrief, shall remain the sole property of SimBrief. You shall only obtain a non-exclusive and non-transferable right for the use of the SimBrief Service.

Term and Termination

8.1The Agreement enabling your use of SimBrief's Services will be effective as of the date of your acceptance of these Terms of Service, and will remain effective until terminated by either party as set forth in the Terms of Service.

8.2Upon termination of the Agreement for any reason, all licenses and rights to use the SimBrief Service shall terminate and you will cease any and all use of the SimBrief Service.

Modifications to the Terms of Service

9.1SimBrief reserves the right to modify these Terms of Service at any time by publishing the revised Terms of Service on the SimBrief Website. Your continued use of the SimBrief Service following the publishing of such revised Terms of Service shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. If you do not wish to accept these revised Terms of Service, you will be entitled to terminate your SimBrief Account through the Account Settings page.