Terms of Use
Agreement
Read This Terms
of Use Agreement BEFORE Accessing This Website.
Effective Date:
This Terms of Use Agreement was last updated on May 7, 2008.
This Terms
of Use Agreement sets forth the standards of use of the Detroit Virtual
Air Traffic Control and Digital Inspirations L.L.C Online Service. By using
the detroitvirtual.com website you (the "Member") agree to these terms
and conditions. If you do not agree to the terms and conditions of this
agreement, you should immediately cease all usage of this website. We reserve
the right, at any time, to modify, alter, or update the terms and conditions
of this agreement without prior notice. Modifications shall become
effective immediately upon being posted at detroitvirtual.com website.
Your continued use of the Service after amendments are posted constitutes
an acknowledgement and acceptance of the Agreement and it's modifications.
Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Detroit Virtual
Air Traffic Control and Digital Inspirations L.L.C is providing Member
with an Online Gaming and Flight Simulator Service. Member must provide
(1) all equipment necessary for their own Internet connection, including
computer and modem and (2) provide for Member's access to the Internet,
and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties.
The site is
provided by Detroit Virtual Air Traffic Control and Digital Inspirations
L.L.C on an as is and on an as available basis. To the
fullest extent permitted by applicable law, Detroit Virtual Air Traffic
Control and Digital Inspirations L.L.C makes no representations or
warranties of any kind, express or implied, regarding the use or the results
of this web site in terms of its correctness, accuracy, reliability, or
otherwise. Detroit Virtual Air Traffic Control and Digital Inspirations
L.L.C shall have no liability for any interruptions in the use of this
Website. Detroit Virtual Air Traffic Control and Digital Inspirations
L.L.C disclaims all warranties with regard to the information provided,
including the implied warranties of merchantability and fitness for a particular
purpose, and non-infringement. Some jurisdictions do not allow the
exclusion of implied warranties, therefore the above-referenced exclusion
is inapplicable.
3. Limitation of Liability
Detroit Virtual
Air Traffic Control and Digital Inspirations L.L.C SHALL NOT BE LIABLE
FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Detroit Virtual Air Traffic
Control and Digital Inspirations L.L.C SHALL NOT BE LIABLE FOR ANY
SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR
LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED
TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES
ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW,
OR OTHERWISE, EVEN IF Detroit Virtual Air Traffic Control and Digital Inspirations
L.L.C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees
to indemnify and hold Detroit Virtual Air Traffic Control and Digital Inspirations
L.L.C , its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys' fees
and costs, made by any third party due to or arising out of Member's use
of the Service, the violation of this Agreement, or infringement by Member,
or other user of the Service using Member's computer, of any intellectual
property or any other right of any person or entity.
5. Modifications and Interruption
to Service
Detroit Virtual
Air Traffic Control and Digital Inspirations L.L.C reserves the right to
modify or discontinue the Service with or without notice to the Member.
Detroit Virtual Air Traffic Control and Digital Inspirations L.L.C shall
not be liable to Member or any third party should Detroit Virtual Air Traffic
Control and Digital Inspirations L.L.C exercise its right to modify or
discontinue the Service. Member acknowledges and accepts that Detroit Virtual
Air Traffic Control and Digital Inspirations L.L.C does not guarantee
continuous, uninterrupted or secure access to our website and operation
of our website may be interfered with or adversely affected by numerous
factors or circumstances outside of our control.
6. Third-Party Sites
Our website
may include links to other sites on the Internet that are owned and operated
by online merchants and other third parties. You acknowledge that
we are not responsible for the availability of, or the content located
on or through, any third-party site. You should contact the site
administrator or webmaster for those third-party sites if you have any
concerns regarding such links or the content located on such sites.
Your use of those third-party sites is subject to the terms of use and
privacy policies of each site, and we are not responsible therein. We encourage
all Members to review said privacy policies of third-parties sites.
7. Governing Jurisdiction
of the Courts in Michigan
Our website
is operated and provided in the State of Michigan. As such, we are
subject to the laws of the State of Michigan, and such laws will govern
this Terms of Use, without giving effect to any choice of law rules.
We make no representation that our website or other services are appropriate,
legal or available for use in other locations. Accordingly, if you
choose to access our site you agree to do so subject to the internal laws
of the State of Michigan.
8. Compliance with Laws.
Member assumes
all knowledge of applicable law and is responsible for compliance with
any such laws. Member may not use the Service in any way that violates
applicable state, federal, or international laws, regulations or other
government requirements. Member further agrees not to transmit any material
that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local, state,
national, or international law or regulation.
9. Copyright and Trademark
Information
All content
included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is 2006 detroitvirtual.com,
with all rights reserved, or is the property of Detroit Virtual Air Traffic
Control and Digital Inspirations L.L.C and/or third parties protected
by intellectual property rights. Any use of materials on the website,
including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining,
or other commercial exploitation of any kind, without prior written permission
of an authorized officer of Detroit Virtual Air Traffic Control and Digital
Inspirations L.L.C is strictly prohibited. Members agree that they
will not use any robot, spider, or other automatic device, or manual process
to monitor or copy our web pages or the content contained therein without
prior written permission of an authorized officer Detroit Virtual Air Traffic
Control and Digital Inspirations L.L.C.
Detroit Virtual
Air Traffic Control and Digital Inspirations L.L.C and detroitvirtual.com
are proprietary marks of detroitvirtual.com. detroitvirtual.com's
or Detroit Virtual Air Traffic Control and Digital Inspirations L.L.C trademarks
may not be used in connection with any product or service that is not provided
by Detroit Virtual Air Traffic Control and Digital Inspirations L.L.C,
in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits Detroit Virtual Air Traffic Control
and Digital Inspirations L.L.C.
All other trademarks
displayed on Detroit Virtual Air Traffic Control and Digital Inspirations
L.L.C's website are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors. In
addition, such use of trademarks or links to the web sites of Vendors is
not intended to imply, directly or indirectly, that those Vendors endorse
or have any affiliation with Detroit Virtual Air Traffic Control and Digital
Inspirations L.L.C.
10. Notification of Claimed
Copyright Infringement
Pursuant to
Section 512(c) of the Copyright Revision Act, as enacted through the Digital
Millennium Copyright Act, detroitvirtual.com designates the following individual
as it's agent for receipt of notifications of claimed copyright infringement.
By Email: contactus@detroitvirtual.com
11. Botnets
Detroit Virtual
Air Traffic Control and Digital Inspirations L.L.C retains the right, at
our sole discretion, to terminate any accounts involved with botnets and
related activities. If any hostnames are used as command and control points
for botnets, Detroit Virtual Air Traffic Control and Digital Inspirations
L.L.C reserves the right to direct the involved hostnames to a honeypot,
loopback address, logging facility, or any other destination at our discretion.
12. Other Terms
If any provision
of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision)
shall not be affected thereby and shall remain valid and enforceable to
the maximum possible extent. You agree that this Terms of Use Agreement
and any other agreements referenced herein may be assigned by Detroit Virtual
Air Traffic Control and Digital Inspirations L.L.C, in our sole discretion,
to a third party in the event of a merger or acquisition. This Terms
of Use Agreement shall apply in addition to, and shall not be superseded
by, any other written agreement between us in relation to your participation
as a Member. Member agrees that by accepting this Terms of Use Agreement,
Member is consenting to the use and disclosure of their personally identifiable
information and other practices described in our Privacy Policy Statement.
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