Terms of Service
Last Updated: November 5th, 2024
Introduction
These Terms of Service ("Terms") govern your access to and use of the website, services, and content at simpictures.com , app.simpictures.com and other subdomains of simpictures.com (collectively, the "Service"). By using this Service, you agree to comply with and be bound by these Terms, along with our Privacy Policy and Guidelines . If you do not agree to these Terms, you must not use this Service.
SimPictures is a platform dedicated to flight simulation enthusiasts, where users can share, discuss, and engage with content related to virtual aviation. To ensure a positive experience for everyone, these Terms have been established to outline the rules and expectations for using the Service.
The Service is offered “as is” and “as available”. SimPictures does not guarantee that the service will be uninterrupted or error-free.
Please note that Terms may be updated from time to time. On each update, "Last Updated" date at the top of the document will be changed. Your continued use of SimPictures after any changes implies acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed about the practices.
If you have any questions or concerns about these Terms, please contact support at support@simpictures.com (”Support”).
Eligibility
To use SimPictures, you must meet the following eligibility requirements:
Age Requirement: You must be at least 13 years old to create an account and use our Service. If you are under 18, you must have the consent of your parent or legal guardian to use SimPictures. By accessing or using our Service, you confirm that you meet this age requirement.
Compliance with Laws: You agree to comply with all applicable laws and regulations when using our Service. Your use of SimPictures must not violate any laws in your jurisdiction, including but not limited to intellectual property laws and privacy regulations.
Account Validity: You must provide accurate and complete information when creating your account. Accounts created with false information or on behalf of someone other than yourself without permission are not allowed and the account will be terminated.
Restricted Users: If you have previously been banned or had your account terminated by SimPictures, you are not eligible to create a new account in order to bypass restrictions. If you wish to regain full access, you must contact Support to request permission, which may be granted or denied at Support’s discretion.
SimPictures moderation team (”Moderators”) reserves the right to put restrictions or terminate your account if it is discovered that you have violated these eligibility requirements.
Data Collection and Privacy
SimPictures collects certain information to enhance your experience on the Service. This information may include, but is not limited to, account details, usage data, and communication preferences. For more information, please review our Privacy Policy to understand how we handle and protect your data.
User Responsibilities
You must follow the SimPictures Guidelines (”Guidelines”) at all times. These guidelines are an integral part of these Terms of Service and they outline the expected behaviour and content standards for all users. Violations of the guidelines may result in content removal, restrictions to some actions or termination of your account. Additionally, Moderators reserve a right to content removal, restrictions to some actions or termination of your account in cases not specified in Terms or Guidelines.
You are solely responsible for maintaining the confidentiality of your account credentials, including your username, password, and any other security information related to your account. You must ensure that your password is strong and not shared with others.
You agree to notify SimPictures immediately if you suspect any unauthorized use of your account or any other breach of security. SimPictures will not be liable for any loss or damage arising from your failure to protect your account information.
You are responsible for all activities that occur under your account, whether or not you authorized the activity. If you become aware of any unauthorized activities, you must take steps to secure your account and inform us as soon as possible.
Sharing your account with others is discouraged. If you choose to share your account, you do so at your own risk and remain fully responsible for any actions taken under your account.
Attribution and Intellectual Property
Content Ownership: As a user of SimPictures, you retain ownership of any content you upload or create, including images, descriptions, and other materials (collectively, "User Content"). By uploading or creating content on SimPictures, you grant a non-exclusive, worldwide, royalty-free license to use, display, distribute, and modify your content as necessary to operate the Service. Some User Content may be removed or edited by the Moderators to ensure clarity and information correctness, while not significantly changing the message content.
When uploading a Picture on app.simpictures.com/upload , you have to choose a license for it:
- All Rights Reserved: The image cannot be copied or redistributed without the author’s explicit permission. Sharing the URL to the image on the website is allowed.
- CC BY-ND 4.0: The image may be copied and distributed for any purpose, including commercial use, provided attribution is given. Learn more about this license here: CC BY-ND 4.0 .
User Content Disclaimer
Ownership and Responsibility: There is content uploaded or shared on SimPictures created and authored solely by users of the Service, which include:
- Pictures
- User profile data
- Comments SimPictures does not claim ownership of User Content and acts only as a platform for users to share their creations.
No Endorsement: The presence of any User Content on SimPictures does not imply endorsement, sponsorship, or approval by SimPictures. The views and opinions expressed in User Content are solely those of the respective users and do not reflect the views of SimPictures or its affiliates.
Liability for Content: Users are fully responsible for ensuring their content complies with all applicable laws and these Terms of Service. SimPictures is not liable for any harm or disputes arising from User Content.
Content Moderation: SimPictures reserves the right to review, remove, or modify User Content to ensure compliance with these Terms and the SimPictures Guidelines. However, such actions do not constitute ownership or endorsement of the content by SimPictures.
Intellectual Property Rights
SimPictures Intellectual Property: Design and logo are owned by SimPictures. You are permitted to use SimPictures' logos and branding materials without modifying or altering these materials, provided such use is for purposes consistent with promoting SimPictures or its services. Any use that misrepresents, defames, or harms SimPictures is prohibited.
Third-Party Content: Users may upload content on SimPictures that features products from third parties, including but not limited to addons, aircraft and company logos or liveries. Users are allowed to mention these products and companies by name within the content they upload.
No Ownership or Affiliation: While users can display and reference third-party products, logos, and names, neither users nor SimPictures claim any ownership rights to these third-party intellectual properties. The inclusion of such content does not imply any endorsement, sponsorship, or affiliation with the respective companies or their products.
Proper Attribution: When uploading pictures that feature third-party intellectual property, users should ensure that their content is accurate and does not misrepresent the third parties involved. Any logos, trademarks, or product names should be used in a manner consistent with fair use and should not imply false endorsements or affiliations.
Reporting Infringements: If you believe that your intellectual property rights have been violated on SimPictures, please contact Support at legal@simpictures.com with detailed information.
Limitation of Liability
To the fullest extent allowed by law, SimPictures shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of the Service. This includes, but is not limited to, any loss, alteration, or unauthorized access to data; interruptions or delays in service access; or reliance on third-party content displayed or linked on the Service.
SimPictures provides the Service on an “as-is” and “as-available” basis, with no guarantees of uninterrupted access or error-free functionality, despite efforts to maintain high standards.
Modification and Termination of Services
SimPictures reserves the right to modify, suspend, or terminate any part of the Service at any time, for any reason, and without prior notice. We will make reasonable efforts to notify users of substantial changes to the Service. However, it is your responsibility to stay informed of any such changes by reviewing these Terms periodically.
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of Finland, without regard to its conflict of law principles. However, if you reside outside Finland, you may have additional rights under the laws of your country, which may also apply.
Account Suspension and Termination Process
If your account is suspended or terminated due to violations of these Terms or the SimPictures Guidelines, you may contact Support at support@simpictures.com to request an appeal. Appeals are reviewed at the discretion of the Moderators, who may reinstate, permanently restrict, or terminate access based on the severity of the violation and the user’s history on SimPictures.
Content Backup Responsibility
SimPictures does not guarantee the permanent storage of any user-uploaded content. It is your responsibility to maintain independent backups of any content you wish to preserve. SimPictures is not liable for any data loss resulting from content removal, account suspension, or termination.
Reporting, Enforcement and Contact Information
Reporting and contact information. You can report any violations of Terms and Guidelines to Support at support@simpictures.com .
Enforcement Actions. In case if Moderators notice a violation of Terms or Guidelines, an account may be restricted or terminated, and content may be removed.
Legal inquiries. For legal inquiries, please e-mail at legal@simpictures.com .
General inquiries. For general inquiries, please e-mail at hello@simpictures.com .
Dispute Resolution
In the event of a dispute arising out of or related to these Terms or your use of SimPictures, you agree to first attempt to resolve the dispute by contacting SimPictures support at support@simpictures.com . If the dispute cannot be resolved through informal discussions, the dispute will be resolved by binding arbitration, in accordance with the laws of Finland, unless otherwise required by applicable law in your country.