Terms of Use

Effective Date: 15 Feb 2021

The Flight Simulation Association (“FSA”) website, hereafter referred to as the “Website”, is intended to be a gathering place for flight simmers from around the world. Members can access discounts, engage in conversations, read learning content, and even find other flight simmers who may live nearby. These Terms of Use provide information on how users can access and use the Website safely and appropriately, and the actions we’ll take if someone is acting inappropriately.

The Website includes any of the properties available via the domain flightsimassociation.com.

THIS WEBSITE IS DESIGNED FOR FLIGHT SIMULATION PURPOSES. THE CONTENTS OF THIS WEBSITE MUST NOT BE USED FOR “REAL-WORLD” AVIATION PURPOSES OR AS A SUBSTITUTE FOR RECEIVING INSTRUCTION FROM A CERTIFIED PROVIDER.

FSA, consisting of the Website, provides its services to you subject to these Terms of Use. If you visit, create an account at, or subscribe to any of the services available at the Website, you accept and agree to be bound by these Terms of Use. If you do not agree to these terms and conditions, do not access or use the Website. Our companion Privacy Policy is incorporated into and subject to these Terms of Use.

FSA is a membership-based club intended for flight simulation enthusiasts, pilots, and aviation professionals. FSA is provided and owned by FlightSimExpo Management Inc. (“FSEM”), a Delaware corporation.

Our Terms of Use cover:

• Accessing the Website and the Simmer Search online service.
• Acceptable online conduct and appropriate use of Website content.
• Intellectual property rights.
• Disclaimers and limitations of liability.

Policy Changes

These Terms of Use are effective as of the date written above.

FSA reserves the right to make changes to the Website, policies, and these Terms of Use at any time, effective immediately upon the posting on the Website. If we change these Terms of Use in any material way, we will provide notice of such changes on the Website. We may also email you notifying you of the changes.

Each time you access the Website thereafter, you will be deemed to have accepted any such changes.

Website Access

The Website and services are available for your personal use only on the condition that you agree to these Terms of Use.

FSA reserves the right to refuse or cancel a subscription or account, without refund, for any reason. Where possible, you will be notified by email you provided if your access to the Website and/or your subscription has been canceled by FSA. All payments made to FSA are non-refundable.

Website Content

The contents of this Website, including the text, graphics, images, and information, is the property and copyright of FSA. You may not download (other than page caching or downloadable forms) or modify it, or any portion of it, without the express written consent of FSA.

Users requesting to reference any part of this Website, including components of the Website that are restricted only to members, must email us at info@flightsimassociation.com for permission prior to sharing or providing information to anyone else.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Website provided the link does not portray FSA, its affiliates, or related products or services in a false, misleading, derogatory, or otherwise offensive manner. We encourage you to reach out before using or displaying our logo anywhere.

Discounts

The Website provides product discounts on products and services available from our partners. Some discounts are “unlocked” and may be redeemed immediately, while other discounts require users to “unlock” them by completing prescribed actions. Regardless of the method used to obtain the discount, all discounts will take users to the website of the partner, where users can complete the transaction.

In offering discounts, FSA is simply an intermediary that allows a user of our Website to access a code, link, or other mechanism to offer a discount via a partner’s website. FSA is not responsible for what may happen after a user clicks on a link to a partner’s website and makes no guarantee or warranty for the quality or availability of products and services on other websites.

Users of the Website should understand that discounts made available by partners are for the promotional purposes they are designed for. Attempting to subvert the process, for example by sharing a discount code with non-members or providing the “unlock code” to other members, is considered a violation of these Terms of Use and could result in loss of the discount, loss of certain Website access, or suspension or termination of your FSA membership.

Privacy Policy

Please review our Privacy Policy, which is incorporated into and subject to these Terms of Use, for information about our privacy practices.

License

We grant you a limited, non-transferrable, non-sublicensable right and license to access and use the Services in accordance with these Terms.

Your FSA Account

If you create an account with us, you are responsible for maintaining the confidentiality of your account and associated password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Your account is non-transferrable to any other person.

We will treat communications as authentic and coming from you if they:

• Are sent via our Website’s “Contact Us” form while logged in to your account;
• Are sent to us from the email address you have registered with on the website and include your first and last name; or,
• Include the following information, which must correspond to an existing FSA Account: first name, last name, email address, and home airport ICAO code (if entered).

Regardless of the source of the communications, we will never authorize or conduct a financial transaction on your behalf. For example, if we are asked to enable automatic subscription renewals for a user, we will decline to do so and advise the user to make this change via the Website.

Many components of the Website are available free, even without an account. Some require the creation of a free account (a “First Officer Membership”) while others may require a non-refundable subscription (a “Captain Membership”). Only those members who have purchased a subscription are entitled to access the components of the Website that are restricted to Captain Memberships.

Subscriptions will automatically renew unless the member disables automatic renewal. When automatic renewal is enabled, FSA will charge the membership fee on the anniversary date of their subscription. An FSA Captain Member can disable the automatic renewal on the Subscription page or by written request to info@flightsimassociation.com.

When a Captain Member’s paid subscription lapses, their access to the website will revert to a First Officer Membership. A user can re-enable access by purchasing another subscription.

A member is permitted to have one (1) account with FSA. If a member has forgotten their account information or is unsure whether they have an account, they should email info@flightsimassociation.com with their name and any known email addresses prior to creating a new account. The creation of multiple accounts is prohibited. Furthermore, users are prohibited from attempting to access any portions of the Website that their subscription does not enable and/or entitle them to access.

At any time, you can delete your account with an option available under My FSA Account. Click the “Delete My Account” button and then select the “Delete my account profile data” option. Upon confirmation, we will immediately cancel your subscription and revoke Website access. As payments are non-refundable, the deletion of your account will not result in a refund of any subscription payments. However, it will stop any future subscription payments from processing.

Feedback & Suggestions

FSA welcomes opinions and ideas from the community—in fact, that’s how the Website has been built! If you have ideas, suggestions for content, please feel free to email them to info@flightsimassociation.com.

By submitting feedback or ideas via the Website or by email, unless you expressly tell us otherwise, your ideas will automatically become the property of FSA/FSEM, without compensation to you. We reserve the right use the suggestions for any purpose and in any way, including by giving them to others. Any feedback you provide shall be deemed to be non-confidential; FSA shall be free to use such information on an unrestricted basis.

We welcome the opportunity to work with content contributors and developers on a commercial basis. If you are interested in contributing ideas for the Website with the intention of receiving compensation, please make this request clear when you correspond with us.

Intellectual Property Rights of Collaborators

You are considered an “FSA Collaborator” if you engage in any of the following:

• Provide FSA with a discount on a product or service you offer, with the intention of such discount being published on the Website (“Partner”);
• Sign a Partner, Contributor, Media & Content Creation, or other agreement with us;
• Participate as a host, moderator, or presenter in a webinar published on the Website; and/or,
• Contribute content with the intention of having us publish such content on the Website.

You may be considered a Collaborator if any of the above criteria apply to you, even if you have not signed a specific agreement with us.

As a Collaborator, you:

• Authorize FSA to use your logo, company/organization name, your first and last name, and any publicly available images, videos, text, and other content related to your Collaborator status on our Website;
• Agree that the ideas, work, and content you have provided or contributed in the context described above shall become the property of FSA, without compensation to you, unless compensation has been specifically agreed upon in writing; and,
• Understand that we may remove any content relating to you at any time, without warning or notification, in our sole discretion.

If you do not wish to grant use to these rights, do not engage in any of the actions listed in this section during your use of the Website.

Digital Millennium Copyright Act

If you believe any materials accessible on the Website or services infringe your copyright, or a copyright belonging to a third party in violation of the Digital Millennium Copyright Act, you may request removal of those materials (or access thereto) from the Website by contacting our copyright agent (identified below) and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number, and (if available) email address.
• A statement that you have a good faith belief that the use of the materials at issue is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

FSA’s agent for copyright issues is as follows:

FlightSimExpo Management Inc.
Attn: Copyright Agent
410 Boston Post Road, Suite 28
Sudbury, MA 01776 USA

Email: info@flightsimassociation.com

This contact information is only for suspected copyright infringement. We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)) and will terminate the access privileges of those who repeatedly infringe on the copyright of others.

Online Conduct & Acceptable Content

In general, FSA expects users of the Website to act, comment, and participate in a constructive, respectful, and legal way. Specifically, participation in the Simmer Search online service is subject to these online conduct rules.

Specifically, you agree to use the Website only for lawful purposes. Thus, you are prohibited from posting or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If FSA is notified of or otherwise becomes aware of allegedly infringing content, FSA may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website.

You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any content you post. Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.

We are not responsible for, and do not endorse, content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any content posted by another member or designated user of the Website who may or may not be related to your account.

Anyone who discovers content on the Website that may be objectionable is encouraged to report that content to us. This could also include a concern you may have about the conduct, opinions, or content expressed on a third-party website or source linked from our Website. Please send concerns to us via email at info@flightsimassociation.com, including as much information as you feel relevant to the submission. If you wish to remain anonymous, ensure the email address you use (and the content you send) does not identify you. If the subject of your email begins with “Objectionable Content”, we agree to respond to your email and specific comments within 5 business days.

Disclaimers and Limitation of Liability

Users of the Website expressly agree that use of the Website is at their own risk. FSA, FSEM, their employees, and their providers do not warrant that the Website will be uninterrupted or error free; nor do they warrant or make any representation regarding the accuracy or use of the information provided on the Website.

The listing or inclusion of any individual or entity on the Website does not constitute an endorsement or recommendation by FSA unless that fact is expressly stated.

The FSA Website is provided on an “as is” and “as available” basis. FSA makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information included with it. Under no circumstances shall FSA be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including, but not limited to, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from your use of the Website. In no event shall FSA’s liability exceed the price you paid for a subscription.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. to the extent permitted by law, we exclude all warranties.

The Website may contain content supplied by parties other than FSA/FSEM. In this situation, the FSA Website is a distributor and not a publisher. Any content from third parties should be treated with caution as it represents the opinion of the respective author and not FSA.

Under no circumstances shall FSA be liable for any loss, damage, or harm caused by a user’s reliance on information from a third party obtained through the Website. It is the responsibility of a user to evaluate such information, opinion, advice, or other content available.

Links to Other Sites

The Website references and links to third-party sites. FSA has no control over these third-party sites or the content within them. FSA does not guarantee, represent, or warrant that content contained in third-party sites is accurate, legal, or inoffensive. FSA does not endorse the content of any third-party site, nor do we assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. FSA encourages Website users to review the privacy policies, use terms, and content provided on third-party sites.

Indemnity

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD FSA, FSEM AND OUR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES (COLLECTIVELY, THE “INDEMNIFIED PARTIES“) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICES AND/OR ANY BREACH BY YOU OF THESE TERMS OF USE OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES EXPIRATION OR TERMINATION OF THIS AGREEMENT.

Dispute Resolution & Applicable Law

The Website is created and controlled by FSA/FSEM in the State of Delaware. As such, the laws of the State of Delaware will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

FSA members and/or other parties who wish to make a complaint regarding the Website and/or services provided through FSA are encouraged to communicate with us first. We are a small group of flight simmers trying to provide a valuable service for the flight simulation community. If we are unable to provide you with a satisfactory resolution, prior to commencing additional legal action, you agree that we will attempt to resolve any differences via mutually agreeable mediation or arbitration.

If it becomes necessary, you hereby irrevocably and unconditionally consent to submit to the jurisdiction to state or federal courts of the State of Delaware for any litigation arising out of or relating to use of or purchase made through the Website (and agree not to commence any litigation relating thereto except in such courts).

In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

Miscellaneous Terms

When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

These Terms of Use are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms of Use, or to exercise any right under the Terms of Use, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.

Questions about this Policy

If you have any questions about these Terms of Use, please email us at info@flightsimassociation.com or write to us at:

FlightSimExpo Management Inc.
410 Boston Post Road, Suite 28
Sudbury, MA 01776 USA