Historic Airline Group is an Internet-based Web site that offers an arena for virtual pilots using FS9, FSX, P3D and X-Plane. Historic Airline Group provides the website, forums, TeamSpeak 3 voice client and an online multiplayer environment (each a "Service" and collectively "Services"). Historic Airline Group, doing business as Historic Airline Group Virtual Airlines and HAG, (hereafter "Historic Airline Group", "HAG" or "Historic Airline Group Virtual Airlines"), provides the Services subject to the terms and conditions set forth in this Terms Of Service ("TOS"). By completing the registration process and clicking the "accept" button, you ("Pilot", "Member", "User" or "you") are indicating your agreement to be bound by all of the terms and conditions of the TOS. Historic Airline Group, HAG, Historic Airline Group Virtual Airlines and any of its subsidiaries are in no way affiliated with any real world airline, past or present. We are a non-profit group of flight simulator enthusiasts simulating airline operations.
Historic Airline Group, HAG, Historic Airline Group Virtual Airlines, any of its subsidiaries and/or its suppliers wholly own all articles, illustrations, programs, Services, processes, designs, software, technologies, trademarks, trade names, inventions, and materials comprising Historic Airline Group.
Historic Airline Group may suspend or terminate your account or access rights to Services at any time, without notice, for conduct that Historic Airline Group reasonably believes violates this TOS or any other applicable policies or guidelines that Historic Airline Group has posted on the Historic Airline Group Web site. In addition to restricting or terminating Member's access to the Service, Historic Airline Group may remove any materials that we have reasonable grounds to believe are in violation of the copyright laws of the United States or may be otherwise illegal, may subject us to liability or that violate this TOS. Historic Airline Group may also cooperate with legal authorities and/or third parties in the investigation of any suspected criminal activity.
Member agrees to hold Historic Airline Group harmless from any claims, whether brought by Member or by a third party, and expenses, including reasonable attorney's fees and court costs, related to or arising from Member's breach or violation of any of the terms of this TOS, or from any information, software or content placed by Member on a server accessible through a Service.
This TOS shall be construed and controlled by the laws of the United States and the State of Nevada. Any dispute arising from Member’s use of the Service or a breach of this TOS will be governed by the laws of Nevada without regard to the conflicts of laws provisions thereof, and shall be brought in a state or federal court in Nevada. Customer agrees to submit to the personal jurisdiction of any of those courts.
This TOS constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Historic Airline Group representatives and Member. Historic Airline Group may amend or modify this TOS or impose new conditions at any time upon written notice from Historic Airline Group to Member, either by email or by publication on the Historic Airline Group Web site. Any use of the Service by Member after such notice shall be deemed to constitute acceptance by Member of such amendments, modifications or new conditions.
Member's right to use the Service is personal to Member. Member agrees not to resell the Service without the express written consent of Historic Airline Group.
Historic Airline Group assumes no responsibility for the content of any material located on third party servers outside its control, including all servers accessed through the Service. Historic Airline Group has no control over Web sites or other material hosted on such external servers. Historic Airline Group retains the right, in its sole discretion, to terminate Services pursuant to Section 7 above if a Member's conduct in hosting such content violates the TOS.
CUSTOMER AGREES THAT USE OF THE SERVICES IS ENTIRELY AT CUSTOMER'S OWN RISK. Historic Airline GROUP'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY Historic Airline GROUP SOFTWARE LICENSED TO THE MEMBER AND THE RESULTS OBTAINED THROUGH THE SERVICE. Historic Airline GROUP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE SERVICES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY 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 RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT Historic Airline GROUP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER Historic Airline GROUP NOR ANY OF ITS SUBSIDIARIES, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON OR ACCESSED THROUGH THE SERVICES. CUSTOMER AGREES THAT Historic Airline GROUP WILL NOT BE LIABLE FOR ANY LOSS OF OR USE OF MEMBERS OWN PERSONAL EQUIPMENT, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER HISTORIC AIRLINE GROUP, HAG OR HISTORIC AIRLINE GROUP VIRTUAL AIRLINES HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
As consideration for the Services you use, you may choose to donate to Historic Airline Group to cover webhosting, domain name registration and site software upgrades as set forth on our Web site from time to time. Monetary donations are non-refundable. Donations are entirely voluntary. Donations are NOT required for use of or continued use of Historic Airline Group Services. Unless otherwise specified, each Historic Airline Group Service is for a one-year term and will automatically renew as long as you remain a Member in good standing. Any renewal of your Services with us is subject to our then current terms and conditions at the time of renewal.
You may not resell any Services to any individual or entity for use or further resale without the written permission of Historic Airline Group. Violation of this policy will result in immediate termination of your membership and access to all Services at Historic Airline Group.
Historic Airline Group and any third party are independent contractors. Nothing in this TOS or in the course of its performance will create any other relationship, including but not limited to those of principal and agent, employer and employee, partners or joint ventures. Neither party will represent to any third party that it is the partner, agent or employee of the other.
In addition to the indemnification provided for in Section 6 above, you agree to indemnify and hold Historic Airline Group harmless from any claims and expenses (including reasonable attorney's fees and court costs), whether brought by you or any other third party, related to or arising from your use of any Services, your breach of any of the terms of this TOS or any agreement between you and such third party, any data security breach or privacy violation, or the ownership or control of any software, content or data placed or maintained by any third party or any authorized end user on a server accessible through a Service.
The member Service offered by Historic Airline Group is provided only to you, and Historic Airline Group has no obligation to, and will not, make it available to anyone who is not a member in good standing.