Thank you for your interest in SIMPLEPLANES.COM, a product of JUNDROO, LLC ("JUNDROO")! This User Agreement ("Agreement") contain the terms and conditions that apply to your use of all content and functionality available through the SIMPLEPLANES.COM domain name and/or co-branded websites that may operate or host from its servers (collectively referred to herein as the "Site"), including but not limited to all services available through the Site (the "Services"). Services includes all secondary functionality to customize the content, functionality, and experience of services offered to our users, such as game telemetrics, analytics, social media plugins, personalized advertising, and direct marketing.
This Agreement for the use of our Services and our Site may be modified from time to time. While JUNDROO will make every effort to advise you of any changes, you are advised to periodically visit our website to review any changes to this Agreement that may be posted there. In the event that you disagree with any future changes to this Agreement, please contact JUNDROO immediately to discuss the impact of these changes to your membership and to determine whether cancellation of your membership would be appropriate to address your concerns. In the alternative, you may, if you disagree with any changes to this Agreement, simply cancel your membership. You agree that if you continue to access and use the Site, your continued access and use constitutes your acceptance of any changes. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
In the event that you do not agree with the terms and conditions of this Agreement, do not continue to use this Site and do not complete the registration process.
We require you to register to access and use the certain Services. In this registration process, you may enter a user name and a password. Your user name address will be used to identify you on SIMPLEPLANES.COM. You may not have more than one account, and only one user name for your use of any Service.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify JUNDROO immediately from the Contact page of any unauthorized use of your account or any other breach of security you learn about. Although JUNDROO will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of JUNDROO or others due to such unauthorized use.
You may optionally provide your electronic mail ("email") address when registering to access any Service. We use your email address, when necessary, to communicate with you regarding the administration of the Site.
Use of the Site - Permissions and Restrictions
JUNDROO hereby grants you permission to access and use the Site and Services, as set forth in this Agreement, subject to the following restrictions (the "Code of Conduct"):
- SIMPLEPLANES.COM Services and Site are only offered and made available only to users meeting the minimum legal age to provide their own consent to data processing, collection, and use (e.g., at least 13 years of age in the US and at least 13 to 16 years of age in the EU, depending on the country). If you do not meet the minimum legal age, please discontinue using the Service immediately, or if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Service immediately. By using or attempting to use the Service, you certify that you are at least the minimum age and meet any other eligibility requirements of the Service. If you are found to be under the minimum age, your account may be terminated without notice.
- The Services and Site may not be used by scripts, machines or automated services without express written consent of the site ownership.
- SIMPLEPLANES.COM Services and Site may be used only for lawful purposes. You may not use the site to abuse other members or to be involved in conduct that JUNDROO finds objectionable. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the SIMPLEPLANES.COM Services or Site for any criminal or illegal activities or any activities that might be legally actionable.
- You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The export control laws of the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws.
You shall not engage in any of the following activities, which are strictly prohibited under this Agreement:
- Posting, transmitting or linking to any text or images that are sexually explicit, pornographic, violent, racially or ethnically objectionable or patently offensive to the online community.
- Posting, transmitting or linking to defamatory and libelous statements or other statements that would violate any third party's privacy or publicity rights.
- Posting, transmitting or linking to profane language, descriptions of situations or scenarios considered, in the opinion of JUNDROO, inappropriate for the JUNDROO membership.
- Impersonating any person or using a name that you are not authorized to use.
- Planning illegal activities, such as creating computer viruses, building a bomb or counterfeiting money or pirating software, serial numbers of products for which you do not have a registered license.
- Advertising, promoting in any way or offering to sell any goods or services for any commercial purpose.
- Soliciting individuals for employment other than in designated areas (for example, within a discussion thread).
- Promoting any products or services that are unlawful at the location at which the content is posted or received.
- Posting any content that infringes any third party's intellectual property rights or violates any confidentiality agreements or contracts of employment.
- Posting, transmitting or linking to statements that are intentionally false or misleading.
- Introducing viruses, worms, harmful codes or Trojan horses.
- Violating system and network security.
- Altering or modifying the Site or Services without the express written permission of JUNDROO.
- Making commercial use of the Site or Services, such as by selling access to the Site or Services, without the express written permission of JUNDROO
If you notice a problem with other members not following the Code of Conduct, please notify us by contacting JUNDROO Support from the Contact page. JUNDROO reserves the right to determine, at its sole discretion, what constitutes a violation of the Code of Conduct. If JUNDROO believes that a violation of this Code of Conduct has occurred, JUNDROO has the right, but not the obligation, to take corrective action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your membership and access to SIMPLEPLANES.COM Service.
JUNDROO reserves the right to discontinue any aspect of the SIMPLEPLANES.COM Site or Services at any time.
SIMPLEPLANES.COM Property Rights
The layout, design, concept and organization of the SIMPLEPLANES.COM Site and Services are subject to JUNDROO's copyrights and other intellectual property rights. All rights are reserved.
You acknowledge and agree that JUNDROO owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the SIMPLEPLANES.COM Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.
You agree that you will obtain the express written permission from JUNDROO before you copy, upload, transmit, reproduce, distribute or in any way exploit any SIMPLEPLANES.COM Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the SIMPLEPLANES.COM Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services for so long as JUNDROO owns the intellectual property rights to this Site. This Agreement does not constitute a license to use JUNDROO's trade names, service marks or any other trade insignia. Any use of JUNDROO's trade names, services marks or any other trade insignia shall be subject to JUNDROO's prior written consent.
User Submitted Content
You agree that any content you submit to SIMPLEPLANES.COM can be used by JUNDROO for marketing and/or promotional purposes.
Disclaimers of Warranty
JUNDROO does not review or verify the content of postings at its Site. The users who participate at SIMPLEPLANES.COM have not been licensed, certified or tested, nor have they met any requirements other than completing our registration form, which has not been reviewed or verified by us.
You understand that when using the SIMPLEPLANES.COM Site, you will be exposed to user submissions from a variety of sources, and that JUNDROO is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand that users may upload files containing bugs, viruses, Trojan horses, or the like, that if you elect to download any file, you and not JUNDROO, are responsible for taking necessary precautions to avoid any harm from such files. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against JUNDROO with respect thereto, to the fullest extent allowed by law regarding all matters related to your use of the Site.
YOU EXPRESSLY AGREE THAT USE OF SIMPLEPLANES.COM SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
JUNDROO MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR WITH THE SERVICES. JUNDROO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
JUNDROO MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. JUNDROO DOES NOT WARRANT THAT THE SITE OR SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. NOR DOES JUNDROO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USED OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
No advice or information, whether oral or written, obtained by you through the services shall create any warranty, whether by implication, estoppel or otherwise. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Limitation on Liability
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL JUNDROO, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES ("JUNDROO AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THE SERVICES; (II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (III) (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (IV) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN IF JUNDROO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your sole and exclusive remedy with respect to the use of any Services provided by JUNDROO shall be to discontinue of your membership upon the expiration of the current term of your membership. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions our liability shall be limited to the extent permitted by law.
JUNDROO provides its Services and Site to Members on the understanding that Members will act professionally and responsibly. If they do not, Members must bear full responsibility for their actions. As a Member, you agree to defend, indemnify and hold harmless JUNDROO, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and users’' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your Member Name and password; (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Your Content or your information and data. JUNDROO reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of JUNDROO, which shall not be unreasonably withheld.
This Agreement shall be effective for as long as you use access the Site or the Services.
Either you or JUNDROO may terminate your Membership without cause. JUNDROO may terminate your Membership immediately if, based on JUNDROO's sole judgment, it determines that you have materially breached this Agreement in any manner, including but not limited to (i) violating the Code of Conduct established for the use of SIMPLEPLANES.COM Services or Site, (ii) infringing or violating any intellectual property right of JUNDROO or (iii) infringing or violating any intellectual property right or privacy or publicity right of a third party.
The termination of your Membership shall terminate your access to any Services for which registration is required. Neither JUNDROO nor any affiliate of JUNDROO shall be liable to you or to any third party for termination of the Services for any reason. If your Membership is terminated for cause, you SHALL NOT receive any refund for any unused portion of your Membership.
Upon termination of this Agreement, the perpetual license you have granted to JUNDROO shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.
Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of JUNDROO, and in purported assignment in violation of this provision is void. JUNDROO's rights under this Agreement are fully assignable without prior notice to you.
If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Applicable Law and Jurisdiction
This Site (excluding links) is controlled and operated from the JUNDROO offices in Glen Carbon, Illinois USA. You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the State of Illinois and the United States of America, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America. The federal courts of the State of California and the state courts shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being affected upon you by either email or registered mail sent to the address you provide JUNDROO in connection with your subscription for services.
NO JOINT CONTROLLER RELATIONSHIPS
Nothing in this agreement is intended to, or shall be deemed to, establish any joint controller relationship under the General Data Protection Regulation (and similar laws) between JUNDROO and its partners, API users, SDKs, and sites or apps that we link to.