Last Updated: August 15, 2013.
When you visit the FSX Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the FSX Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the FSX Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FSX or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the FSX Site is the exclusive property of FSX and protected by U.S. and international copyright laws. All software used on the FSX Site is the property of FSX or its software suppliers and protected by United States and international copyright laws.
“FSX Web Services”, “FSX”, “Nebula” and other FSX graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of FSX in the U.S. and/or other countries. FSX’s trademarks and trade dress may not be used in connection with any product or service that is not FSX’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FSX. All other trademarks not owned by FSX that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FSX.
One or more patents owned by Amazon.com, Inc. or its affiliates may apply to the FSX Site and to the features and services accessible via the FSX Site. Portions of the FSX Site may operate under license of one or more patents
LICENSE AND SITE ACCESS
FSX grants you a limited license to access and make personal use of the FSX Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FSX. This license does not include any resale or commercial use of the FSX Site or its contents; any derivative use of the FSX Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by FSX in a separate license, your right to use any software, data, documentation or other materials that you access or download through the FSX Site is subject to these Site Terms or, if you have an FSX account, the Agreement.
The FSX Site or any portion of the FSX Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FSX. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FSX without express written consent. You may not use any meta tags or any other “hidden text” utilizing FSX’s name or trademarks without the express written consent of FSX. Any unauthorized use terminates the permission or license granted by FSX. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the FSX Site, so long as the link does not portray FSX, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FSX logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use the FSX Site, you are responsible for maintaining the confidentiality of your FSX account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FSX reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FSX reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant FSX a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FSX and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other content (“Third Party Content”) to community areas of the FSX Site. You acknowledge that (a) FSX has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and© Third Party Content may be subject to separate license terms as determined by the person posting such content.
You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify FSX for all claims resulting from content you supply. FSX has the right but not the obligation to monitor and edit or remove any activity or content. FSX takes no responsibility and assumes no liability for any content posted by you or any third party.
FSX respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE FSX SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FSX ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. FSX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FSX SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FSX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FSX DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FSX SITE; ITS SERVERS; OR E-MAIL SENT FROM FSX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FSX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE FSX SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FSX SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting the FSX Site, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and FSX.
Any dispute relating in any way to your visit to the FSX Site or to services provided by FSX or through the FSX Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies on the FSX Site. These policies also govern your visit to the FSX Site. We reserve the right to make changes to the FSX Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
FSX Holdings, LLC
350 Jim Moran Blvd, Suite 101
Deerfield Beach, FL 33442
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying FSX that your copyrighted material has been infringed.
•An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
•A description of the copyrighted work that you claim has been infringed upon;
•A description of where the material that you claim is infringing is located on the Site;
•Your address, telephone number, and e-mail address;
•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;
•A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
FSX’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent/FSX Web Services
FSX Holdings, LLC
350 Jim Moran Blvd, Suite 101
Deerfield Beach, FL 33442 USA