According to the new GDPR terms we summarize here our data policies in clear and understandable terms:
We do NOT collect additional data from Members, apart from what you voluntary disclose when you register or in your postings and anonymous usage information from analytics software.
We keep information gathering to a minimum.
We do NOT resell Members’ information to anyone for any reason.
We strive to protect our Members within our website but are not responsible for links leading to other websites, documents, stores or any other parties digital offerings.
We protect our Members from offensive or illegal content.
ACCEPTANCE OF TERMS
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the listing thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
You understand that all listings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from our Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via our Services. You understand that AFSBI’s does not control, and is not responsible for Content made available through our Services, and that by using our Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the AFSBI’s site and Content available through our Services may contain links to other websites, which are completely independent of AFSBI’s. AFSBI’s makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will AFSBI’s be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via our Services. You acknowledge that AFSBI’s does not pre-screen or approve Content, but that AFSBI’s shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via our Services, for violating the letter or spirit of the Terms or for any other reason.
THIRD PARTY CONTENT, SITES, AND SERVICES
The AFSBI’s site and Content available through our Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of AFSBI’s, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through our Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that AFSBI’s shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that AFSBI’s is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release AFSBI’s, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify AFSBI at
Please provide us with the following Notice:
a) Identify the material on the AFSBI’s site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
AFSBI’s will remove the infringing listing(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).
PRIVACY AND INFORMATION DISCLOSURE
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way under any laws in the United States of America and any other Country, Territory or Protectorate from where the user is posting content;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a AFSBI’s employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person’s explicit consent;
i) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if: posted in areas of the AFSBI’s sites which are not designated for such purposes; or emailed to AFSBI’s users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in “services”;
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law. A partial list of prohibited items for sale and prohibited services offered is provided here:
Users must comply with all applicable laws and all posted site rules.Here is a partial list of goods, services, and content prohibited on our site:• weapons; firearms/guns and components; BB/pellet, stun, and spear guns; etc
• ammunition, clips, cartridges, reloading materials, gunpowder, fireworks, explosives
• items that are dangerous in nature and/or can inflict harm; hazardous materials; body parts/fluids; unsanitized bedding/clothing
• prescription drugs, medical devices; controlled substances and related items
• alcohol or tobacco; unpackaged or adulterated food or cosmetics
• child or any pornography; bestiality; offers or solicitation of illegal prostitution; any sexually explicit image, video or drawing
• animal sales including endangered, imperiled and/or protected species and any parts thereof, e.g. ivory
• false, misleading, deceptive, or fraudulent content; bait and switch; keyword spam
• offensive, obscene, defamatory, threatening, or malicious listings or email
• anyone’s personal, identifying, confidential or proprietary information
• stolen property, property with serial number removed/altered, burglary tools, etc
• ID cards, licenses, police insignia, government documents, birth certificates, etc
• US military items not demilitarized in accord with Defense Department policy
• counterfeit, replica, or pirated items; tickets or gift cards that restrict transfer
• lottery or raffle tickets, sweepstakes entries, slot machines, gambling items
• spam; miscategorized, overposted, cross-posted, or nonlocal content
• litings or email the primary purpose of which is to drive traffic to a website
• listings listings or email offering, promoting, or linking to unsolicited products or services
• affiliate marketing; network, or multi-level marketing; pyramid schemes
• any good, service, or content that violates the law or legal rights of others
o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to our Services, or that otherwise negatively affects other users’ ability to use our Services; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through our Services.Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
s) “stalk” or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from our Services – unless expressly permitted by AFSBI’s;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or in more than one metropolitan area;
x) attempt to gain unauthorized access to AFSBI’s’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, our Services or the AFSBI’s website; or
y) use any form of automated device or computer program that enables the submission of listings on AFSBI’s without each listing being manually entered by the author thereof (an “automated listing device”), including without limitation, the use of any such automated listing device to submit listings in bulk, or for automatic submission of listings at regular intervals, unless otherwise approved in writing by AFSBI’s; or
z) use any form of automated device or computer program (“flagging tool”) that enables the use of AFSBI’s’s “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.
A “Listing Agent” is a third-party agent, service, or intermediary that offers to post Content to our Services on behalf of others. To moderate demands on AFSBI’s’s resources, you may not use a Listing Agent to post Content to our Services without express permission or license from AFSBI’s. Correspondingly, Listing Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access our Services to facilitate listing Content on behalf of others, except with express permission or license from AFSBI’s.
NO SPAM POLICY
Any unauthorized use of AFSBI’s computer systems for sending unsolicited email advertisements to AFSBI’s email addresses or through AFSBI’s computer systems is expressly prohibited by these Terms and is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
We may charge a fee to post Content in some areas of our Services. The fee is an access fee permitting Content to be posted in a designated area. Each party listing Content to our Services is responsible for said Content and compliance with the Terms. All fees paid will be non-refundable in the event that Content is removed from our Services for violating the Terms.
LIMITATIONS ON SERVICE
You acknowledge that AFSBI’s may establish limits concerning use of our Services, including the maximum number of days that Content will be retained by our Services, the maximum number and size of listings, email messages, or other Content that may be transmitted or stored by our Services, and the frequency with which you may access our Services. You agree that AFSBI’s has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by our Services. You acknowledge that AFSBI’s reserves the right at any time to modify or discontinue our Services (or any part thereof) with or without notice, and that AFSBI’s shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services.
ACCESS TO OUR SERVICES
AFSBI’s grants you a limited, revocable, nonexclusive license to access our Services for your own personal use. This license does not include: (a) access to our Services by Listing Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of our Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by AFSBI’s. A limited exception to (b) is provided to internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to our Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
Use of our Services beyond the scope of authorized access granted to you by AFSBI’s immediately terminates said permission or license.
TERMINATION OF SERVICE
You agree that AFSBI’s, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of our Services (or any part thereof), immediately and without notice, and remove and discard any Content within our Services, for any reason, including, without limitation, if AFSBI’s believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that AFSBI’s shall not be liable to you or any third-party for any termination of your access to our Services. Further, you agree not to attempt to use our Services after said termination. Sections 2, 4, 6 and 10-19 shall survive termination of the Terms.
Our Services is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through our Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of AFSBI’s. You further agree not to reproduce, duplicate or copy Content from our Services without the express written consent of AFSBI’s, and agree to abide by any and all copyright notices displayed on our Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in our Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of our Services.
Although AFSBI’s does not claim ownership of content that its users post, by listing Content to any public area of our Services, you automatically grant, and you represent and warrant that you have the right to grant, to AFSBI’s an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by listing Content to any public area of our Services, you automatically grant AFSBI’s all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on our Services by any party for any purpose.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE AFSBI’S SITE AND OUR SERVICES IS ENTIRELY AT YOUR OWN RISK. THE AFSBI’S SITE AND OUR SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, AFSBI’S DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE AFSBI’S SITE AND OUR SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AFSBI’S DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AFSBI’S SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE AFSBI’S SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, AFSBI’S DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE AFSBI’S SITE OR OUR SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AFSBI’S BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF AFSBI’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE AFSBI’S SITE OR OUR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE AFSBI’S SITE OR OUR SERVICES, FROM INABILITY TO USE THE AFSBI’S SITE OR OUR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE AFSBI’S SITE OR OUR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AFSBI’S SITE OR OUR SERVICES OR ANY LINKS ON THE AFSBI’S SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AFSBI’S SITE OR OUR SERVICES OR ANY LINKS ON THE AFSBI’S SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold AFSBI’s, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through our Services, your use of our Services, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The Terms constitute the entire agreement between you and AFSBI’s and govern your use of our Services, superceding any prior agreements between you and AFSBI’s. The Terms and the relationship between you and AFSBI’s shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and AFSBI’s agree to submit to the personal and exclusive jurisdiction of applicable USA courts. The failure of AFSBI’s to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We welcome your feedback at our admin forum.
Updated May 2018
Association of Flight Simulator
Builders and Instructors
Association of Flight Simulator Builders and Instructors