It is very important that you take the time to read these terms and conditions, and understand how they apply to your use of Hovercontrol.com's services. Use of any services provided by Hovercontrol.com and its related servers constitutes your agreement with these terms.
IN THESE TERMS AND CONDITIONS, "WE," "US," "ITS" AND "OUR" REFER TO HOVERCONTROL.COM, AND "YOU" AND "YOUR" REFER TO YOU. Before participating in any activity in regards to Hovercontrol.com, please read this agreement relating to your use of our services carefully.
By using Hovercontrol.com, you agree to be bound by these terms and conditions of use ("Terms"). If you do not agree to these Terms, please do not use this service. Hovercontrol.com provides the information and services related to Hovercontrol.com to you, the user, conditioned upon your acceptance, without modification, of the Terms contained herein. Your use of Hovercontrol.com constitutes your agreement with such Terms.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified Terms. Your continued use of the Hovercontrol.com website following the posting of changes to these Terms will mean that you accept those changes.
In addition, use of Hovercontrol.com and/or its Services constitutes full acceptance of and agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use Hovercontrol.com or any of its Services, as defined herein, and should refrain from accessing Hovercontrol.com and its Services.
Hovercontrol.com reserves the right at any time to modify or discontinue, temporarily or permanently, any Service thereon (or any part thereof). Hovercontrol.com shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
By using Hovercontrol.com, you warrant to Hovercontrol.com that you will not use Hovercontrol.com, The Hovercontrol Multi-User Flight Environment, or any of the content obtained from Hovercontrol.com services, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use Hovercontrol.com and Hovercontrol.com Multi-User Flight Environment automatically terminates.
In addition, by using the Hovercontrol.com, you warrant to Hovercontrol.com that you will not use Hovercontrol.com, The Hovercontrol Multi-User Flight Environment, or any of the services provided by Hovercontrol.com for disruptive or malicious purposes. If, after investigation, we have reasonable grounds to suspect that a user is participating in, or party to disruptive or malicious activities we will suspend or terminate that user's account (with or without notice or explanation) and prohibit any and all current or future use of the Services.
Hovercontrol.com and its related servers and services are owned and operated by Hovercontrol.com for the purposes of providing a disruption-free helicopter flight training environment and helicopter flight simulation community building portal to Hovercontrol.com members, and to foster a professional atmosphere where multi-user flight simulation activities can be enjoyed by mature helicopter flight simulation enthusiasts. Use of Hovercontrol's Multi-User Flight Environment or any other services at Hovercontrol.com for any purpose other than that described above is a violation of these terms.
You are soley responsible for ensuring that your actions, activities, and communications as they relate to this service are compatible with, and consistent with the description of this service and that they are not in violation of any other terms.
4. YOUNG ADULT AND NON-ENGLISH SPEAKING USERS
Hovercontrol.com is committed to providing an environment that is suitable for all ages, as well as to members from all parts of the world. However, understanding and abiding by the terms of service for Hovercontrol.com will, at all times, be the responsibility of the user. The user's understanding and agreement to these terms are assumed by use of Hovercontrol.com, regardless of the user's age or ability to understand written, or spoken English.
As required by HOVERCONTROL.COM, each user must: (a) provide true, accurate, current and complete information on the Hovercontrol.com registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive a password and account designation upon completing HOVERCONTROL.COM registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. HOVERCONTROL.COM cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify HOVERCONTROL.COM of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.
You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.
We may terminate a HOVERCONTROL.COM user's account in our absolute discretion and for any reason. We are 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 Hovercontrol.com or any Hovercontrol.com Service (including the Multi-User Flight Environment) in a manner inconsistent with the Purpose as described in the description of service; 4.) Use of foul, objectionable, or controversial language in written or spoken communications; 5.) communications or activities that are consistently at the boundary of what is permissable by these terms of service, but not necessarily specifically prohibited; 6.) communications or activities that are intended to cause, encourage, or otherwise expand personal conflict between or among any party or parties; 7.) communications or activities that are intended to, or consistently appear to have the intention of testing the terms of service 8.) a user's request for such termination; and 9.) requirement of applicable law, regulation, court or governing agency order.
Our termination of any user's access to Hovercontrol.com or any Service hereunder may be effected without notice and, on such termination, we may immediately deactivate or delete user's account and/or bar any further access to such services, servers, files, or any other resource. Hovercontrol.com shall not be liable to any Hovercontrol.com user or other third party for any termination of that user's Hovercontrol.com or Hovercontrol.com Multi-User Flight Environment access or account hereunder.
Hovercontrol.com, or any Service or a third party may provide links to other websites. Hovercontrol.com exercises no control whatsoever over such other non-Hovercontrol.com websites and web-based resources and is not responsible or liable for the availability thereof or the content, advertising, products or other materials thereon. Hovercontrol.com 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 websites linked to Hovercontrol.com, including information, material, products and services therein, is solely at your own risk.
Each user shall indemnify, defend and hold harmless HOVERCONTROL.COM, its subsidiaries and affiliates and their respective officers, employees and agents, and each of HOVERCONTROL.COM'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 HOVERCONTROL.COM; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER'S USE OF HOVERCONTROL.COM AND HOVERCONTROL.COM SERVICES IS AT HIS OR HER SOLE RISK. HOVERCONTROL.COM AND HOVERCONTROL.COM SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND HOVERCONTROL.COM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH HOVERCONTROL.COM 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. HOVERCONTROL.COM 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, HOVERCONTROL.COM MAKES NO WARRANTY THAT (i) HOVERCONTROL.COM OR ANY HOVERCONTROL.COM SERVICE 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 HOVERCONTROL.COM'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, HOVERCONTROL.COM 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 HOVERCONTROL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE HOVERCONTROL.COM OR ANY SERVICE; 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 HOVERCONTROL.COM OR ANY SERVICE; OR ANY OTHER MATTER RELATING TO HOVERCONTROL.COM OR ANY SERVICE. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN HOVERCONTROL.COM AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF S ERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, HOVERCONTROL.COM DOES NOT AND CANNOT CONTROL THE ACTIONS OF HOVERCONTROL.COM 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 HOVERCONTROL.COM OR ANY SERVICES. OPERATION OF HOVERCONTROL.COM 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 HOVERCONTROL.COM.
IN NO EVENT SHALL HOVERCONTROL.COM, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH HOVERCONTROL.COM, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
In the event that you have a dispute with one or more Hovercontrol.com users, you release Hovercontrol.com (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Without limiting any other remedies, Hovercontrol.com may suspend or terminate your Hovercontrol.com account if we suspect that you have engaged in fraudulent activity in connection with Hovercontrol.com or any Hovercontrol.com Service.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Hovercontrol.com and all of its Services, including the Multi-User Flight Environment.
You and Hovercontrol.com are independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
The Terms constitute the entire agreement between each user and Hovercontrol.com and govern each user's use of the Service, 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.
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