PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE UNIFLY APP AND WEBSITE (THE "PLATFORM").
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and UniFly ("we," "us" or "our"), concerning your access to and use of the UniFly platform.
1.2 By using the Platform, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not use the Platform.
1.3 We may modify these Terms and Conditions at any time, and such modification shall be effective upon posting on the Platform. Your continued use of the Platform after the posting of the modified Terms and Conditions constitutes your agreement to be bound by the modified Terms and Conditions.
2.1 The Platform provides a cross sim multiplayer platform where users can connect and interact with each other.
2.2 You may use the Platform solely for your personal and non-commercial use.
2.3 You agree to comply with all applicable laws, rules, and regulations when using the Platform.
2.4 You are solely responsible for your conduct while using the Platform, and for any content or materials that you upload, publish, or display on the Platform.
3.1 In order to access the crew center, you must download the UniFly app and register for an account.
3.2 You must provide accurate and complete information when registering for an account.
3.3 You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
3.4 We reserve the right to suspend or terminate your account at any time for any reason, without notice or liability to you.
4.1 The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Platform, except as expressly permitted by these Terms and Conditions.
5.1 THE PLATFORM AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
5.2 WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
5.3 WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.
5.4 WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, USE, DATA, OR OTHER INTANGIBLES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THE PLATFORM, OR ANY CONTENT OR PRODUCTS OBTAINED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.5 IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE USE OR INABILITY TO USE THE PLATFORM, OR ANY CONTENT OR PRODUCTS OBTAINED THROUGH THE PLATFORM EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE PLATFORM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
6.1 You agree to indemnify, defend, and hold us and our affiliates, officers, directors, employees, agents, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or your violation of any law or the rights of a third party.
7.1 We expect all users to behave in a respectful and appropriate manner when using the UniFly network. Any inappropriate behavior, including but not limited to malicious crashing into other users, will not be tolerated.
7.2 Users who engage in inappropriate behavior may be subject to a ban from the UniFly network for an undisclosed amount of time, at our sole discretion.
7.3 Inappropriate behavior includes, but is not limited to, the following:
7.4 We reserve the right to investigate and take appropriate action against any user who engages in inappropriate behavior, including but not limited to banning the user from the UniFly network.
7.5 We also reserve the right to cooperate with law enforcement agencies and to disclose any information about you to such agencies in connection with the investigation of any illegal or unauthorized use of the UniFly network or the Platform.
8.1 These Terms and Conditions will continue to apply until terminated by either you or us as set forth below.
8.2 You may terminate these Terms and Conditions at any time by discontinuing your use of the Platform.
8.3 We may, in our sole discretion, terminate these Terms and Conditions at any time and for any reason, including without limitation if we believe that you have breached these Terms and Conditions.
8.4 Upon termination of these Terms and Conditions, your right to use the Platform will immediately cease, and you must immediately cease all use of the Platform and delete any downloaded or stored copies of the Platform.
9.1 These Terms and Conditions constitute the entire agreement between you and us regarding the use of the Platform and supersede all prior agreements and understandings between you and us relating to the same.
9.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
9.3 Our failure to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision.
9.4 These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which we are located, without giving effect to any principles of conflicts of law.
9.5 Any disputes arising out of or related to these Terms and Conditions or the Platform shall be resolved exclusively through binding arbitration, with the arbitration to take place in the jurisdiction in which we are located.
9.6 These Terms and Conditions are binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.