1. Acceptance Of Terms

Liberty Air Group is an Internet-based Web site that offers an arena for virtual pilots using FSX, MSFS, P3D and X-Plane. Liberty Air Group provides the website, forums, Discord text/voice voice client and an online multiplayer environment (each a "Service" and collectively "Services"). Liberty Air Group, doing business as FreedomAir Virtual Airlines and LibertyAir Virtual Airlines, (hereafter "FreedomAir", "LibertyAir" or "Liberty Air Group"), provides the Services subject to the terms and conditions set forth in this Terms Of Service ("TOS"). By completing the registration process you ("Pilot", "Member", "User" or "you") are indicating your agreement to be bound by all of the terms and conditions of the TOS, Terms and Conditions and Privacy Policy.  Liberty Air Group, FreedomAir, LibertyAir 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.

2. Use Of User Information And Privacy Policy

No personally identifiable information or personal data that you provide to Liberty Air Group or information regarding the manner in which you use Liberty Air Group will be disclosed by Liberty Air Group, except as permitted by this TOS and our Privacy Policy. By becoming a member, you agree that Liberty Air Group may share with other parties both aggregate information and personal information gathered during your use of any provided Services. "Aggregate information" is information that describes the habits, usage patterns and/or demographics of all or a subset of our members as a group but does not indicate the identity of any particular member. See our Privacy Policy for complete information on Liberty Air Group policies regarding personal information.

3. Ownership Of Site Content

Liberty Air Group, FreedomAir, LibertyAir,  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 Liberty Air Group.

4. Acceptable Use

• Individual Member certifies that he or she is at least 18 years of age.
• Member is solely responsible for his/her/its usage of the Services. Each Member is responsible for ensuring that all authorized users of its system or network are aware of and follow this TOS. Member's use of the Services is subject to, and Member agrees to comply with, all applicable local, state, national, and international laws and regulations, including but not limited to (1) U.S. law regarding the transmission of technical data exported from the United States, (2) European Union law regarding the export of data to the United States, and (3) Internet regulations, policies, and procedures.
• Member may use the Service for any lawful purpose so long as he, she or it does not (i) abuse or fraudulently use the Service, (ii) use the Service in a manner that causes interference to or tampers with another subscriber's or authorized user's use of Liberty Air Group Services, or (iii) otherwise use the Service in a manner that violates this TOS.
• Member may only use the Liberty Air Group Service for personal use.

Prohibited Activities Include, But Are Not Limited To, The Following:

• Transmitting Unsolicited Commercial Email (UCE)
• Transmitting bulk email
• Posting bulk Usenet articles
• Denial of Service attacks of any kind
• Copyright infringement
• Failure to provide legitimate contact information
• Misrepresentation of Liberty Air Group's Services
• Reselling or attempting to resell Liberty Air Group's Services without the express written permission of Liberty Air Group
• Unlawful or illegal activities of any kind
• Use of web redirects for distributed file sharing software and networks
• Pointing Liberty Air Group hostnames to a public IRC network
• Pointing hostnames on Liberty Air Group owned domains to an IRC server
• Causing lossage or creating Service degradation for other Liberty Air Group Users, whether intentional or inadvertent
• Causing or attempting to cause harm to another computer or network
• Violating any applicable law or regulation
• Utilizing the Liberty Air Group Service under more than one account
• Utilizing the Liberty Air Group Service for commercial use
• Search engine spamming
• Distributing or promoting pornography utilizing the Liberty Air Group Services

5. Termination Of Service

Liberty Air Group may suspend or terminate Member&$39;s account or access rights to Services at any time, without notice, for conduct that Liberty Air Group reasonably believes violates this TOS or any other applicable policies or guidelines that Liberty Air Group has posted on the Liberty Air Group Web site. In addition to restricting or terminating Member's access to the Service, Liberty Air 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. Liberty Air Group may also cooperate with legal authorities and/or third parties in the investigation of any suspected criminal activity.

6. Indemnification

Member agrees to hold Liberty Air 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.

7. Choice Of Law

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. Member agrees to submit to the personal jurisdiction of any of those courts.

8. Entire Agreement

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 Liberty Air Group representatives and Member. Liberty Air Group may amend or modify this TOS or impose new conditions at any time upon written notice from Liberty Air Group to Member, either by email or by publication on the Liberty Air 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.

9. No Resale Of This Service

Member's right to use the Service is personal to Member. Member agrees not to resell the Service without the express written consent of Liberty Air Group.

10. Disclaimer Of Responsibility For Third Party Content

Liberty Air 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. Liberty Air Group has no control over Web sites or other material hosted on such external servers. Liberty Air 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.

11. Limitation Of Liability And Warranty

MEMBER AGREES THAT USE OF THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. LIBERTY AIR 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 LIBERTY AIR GROUP SOFTWARE LICENSED TO OR PROVIDED TO THE MEMBER AND THE RESULTS OBTAINED THROUGH THE SERVICE. LIBERTY AIR 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 LIBERTY AIR GROUP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH MEMBER.

NEITHER LIBERTY AIR 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. MEMBER AGREES THAT LIBERTY AIR 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 OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER LIBERTY AIR GROUP, FREEDOMAIR OR LIBERTYAIR HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

12. Donations, Payment And Term Of Service

As consideration for the Services you use, you may choose to donate to Liberty Air Group to cover webhosting, domain name registration and site software upgrades as set forth on our website from time to time. Monetary donations are non-refundable. Donations are entirely voluntary. Donations are NOT required for use of or continued use of Liberty Air Group Services. Unless otherwise specified, each Liberty Air 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.

13. Ability to Resell

You may not resell any Services to any individual or entity for use or further resale without the express written permission of Liberty Air Group. Violation of this policy will result in immediate termination of your membership and access to all Services at Liberty Air Group.

14. Our Relationship

Liberty Air 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.

15. Additional Indemnification

In addition to the indemnification provided for in Section 6 above, you agree to indemnify and hold Liberty Air 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.

16. Member Service

The member Service offered by Liberty Air Group is provided only to you, and Liberty Air Group has no obligation to, and will not, make it available to anyone who is not a member in good standing.

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