Preparing your Flight Deck
This Terms of Service and Membership Agreement (the "Agreement") governs your access to and use of the Air Transat Virtual (ATV) platform, including its website, flight logging systems, forums, databases, and all related software, products, and services (collectively, the "VA Platform").
By accessing or using the VA Platform, you, the Member ("You" or "Your"), agree to be bound by all the terms, conditions, policies, and notices stated herein.
1.1. The Operator (The VA): The term "Air Transat Virtual" or "The VA" or "we," "us," or "our" refers to the owner and administrator of the Virtual Airline.
1.2. The Member: The term "You" or "Your" refers to the user or pilot viewing or participating in the VA Platform.
1.3. VA Platform Materials: All content, software, graphics, data, and information provided by the VA, excluding third-party trademarks and copyrighted materials acknowledged in Section 6.
2.1. Acceptance: Your use of the VA Platform is conditioned upon your acceptance of all terms and conditions stated here.
2.2. Changes to Terms: The VA reserves the right, in its sole discretion, to modify or replace this Agreement at any time. Changes will be effective immediately upon posting to this location.
2.3. Continued Use: Your continued access to or use of the VA Platform following the posting of any changes constitutes acceptance of those changes. If you do not agree to the new terms, you must cease using the VA Platform immediately.
3.1. Purpose: The VA Platform is designed exclusively for flight simulation and entertainment purposes. It has no connection to real-world commercial aviation operations, safety standards, or regulatory bodies.
3.2. Use at Your Own Risk: This VA Platform is provided to you "as is," without warranty of any kind either express or implied.
3.3. No Real-World Responsibility: You acknowledge and agree that your virtual activities, performance, or errors within the VA Platform have no bearing on and confer no real-world qualifications, certification, or experience. The VA holds absolutely no liability for any reliance on VA Platform Materials for real-world purposes.
3.4. Discontinuation: The VA reserves the right to change, suspend, or permanently discontinue at any time any aspect or feature of the VA Platform without prior notice or liability.
4.1. Admission: Membership in Air Transat Virtual is a privilege, not a right. The VA reserves the right to accept or reject any application for membership without explanation.
4.2. Termination by VA: The VA may terminate or suspend Your membership and access to the VA Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the Terms of Service or engage in conduct deemed detrimental to the VA community or operations.
4.3. Termination by Member: You may terminate your membership at any time by providing written notice to the VA administration.
4.4. Effect of Termination: Upon termination, Your right to use the VA Platform will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
5.1. Acceptable Use: You agree to use the VA Platform only for lawful, non-commercial, flight simulation purposes and in a manner that does not infringe the rights of or restrict or inhibit the use and enjoyment of the VA Platform by any third party.
5.2. Prohibited Activities: You agree not to engage in or attempt to engage in the following activities:
5.3. Content Submission: Any content You upload, post, or otherwise submit to the VA Platform (e.g., forum posts, comments) must not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. The VA has the right (but not the obligation) to remove or edit such content.
6.1. Disclaimer of Affiliation: Air Transat Virtual is an independent, non-commercial flight simulation community with no affiliation to the official Air Transat or Transat A.T. Inc. All trademarks, logos, and real-world intellectual property are the property of their respective owners. No endorsement or real-world association is implied. For official Air Transat information, please visit airtransat.com.
6.2. Fair Use/Fair Dealing Statement: Content on the VA Platform, including real-world livery references and schedules, is used solely for entertainment and educational purposes under the provisions of the Canadian Copyright Act Section 29 (Fair Dealing) and the Trademarks Act regarding non-commercial use in a simulation environment.
6.3. VA Platform Ownership: This VA Platform contains material which is owned by or licensed to us (the VA). This material includes, but is not limited to, the platform design, layout, look, proprietary scoring algorithms, flight logging software, and internal graphics.
6.4. Reproduction: Reproduction of VA Platform proprietary material is prohibited other than in accordance with this Agreement.
6.5. Trademarks: All third-party trademarks reproduced in this VA Platform are acknowledged as property of their respective owners.
6.6. Copyright Protection: Except for material in the public domain, all proprietary material contained on the VA Platform (including all software, code, and databases owned by the VA) is protected by United States and foreign copyright laws.
6.7. Restrictions: Except as otherwise expressly provided in this Agreement, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any proprietary material contained on the VA Platform without the prior written consent of the copyright owner (the VA).
6.8. Reverse Engineering: None of the material contained on Air Transat Virtual may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, resold, or redistributed without the prior written consent of the VA. Violation of this provision may result in severe civil and criminal penalties.
7.1. No Warranties: The VA Platform is provided on an "AS IS" and "AS AVAILABLE" basis. The VA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.2. Member Responsibility: The VA makes no warranty that the VA Platform: (a) will meet Your requirements; (b) will be uninterrupted, timely, secure, or error-free; (c) the results obtained from the use of the VA Platform will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by You through the VA Platform will meet your expectations.
8.1. General Exclusion: You expressly understand and agree that the VA shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the VA has been advised of the possibility of such damages), resulting from:
8.2. Maximum Extent: This limitation of liability applies to the maximum extent permitted by applicable law, including jurisdiction in Canada, the United States, and the European Union.
9.1. Your use of any information or materials on the VA Platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through the VA Platform meet your specific requirements.
9.2. Indemnification: You agree to defend, indemnify, and hold harmless the VA and its affiliates, officers, agents, and employees from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from:
10.1. Governing Law (Broadened): This Agreement and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. However, if mandatory consumer protection laws in your jurisdiction of primary residence (including, but not limited to, the United States, Mexico, or any Member State of the European Union/EEA) apply to a dispute, those laws shall also be respected to the extent they cannot be contractually waived.
10.2. Jurisdiction (Member Choice): You agree that any legal action or proceeding arising out of or related to this Agreement initiated by The VA shall be brought exclusively in the courts located in Toronto, Ontario, Canada. If an action is initiated by The Member, The Member may elect to bring the action in Toronto, Ontario, Canada, or in the competent courts of their jurisdiction of primary residence.
10.3. Dispute Resolution (Mandatory Mediation): Prior to initiating any legal action, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement through good faith negotiation. If the dispute cannot be resolved through negotiation within ninety (90) days, the parties agree to submit the dispute to formal mediation in Toronto, Ontario, Canada, or a mutually agreed-upon location.
10.4. International Compliance: The Member is responsible for compliance with all applicable local, national, and international laws, statutes, ordinances, and regulations regarding Your use of the VA Platform, including, without limitation, those relating to data privacy, intellectual property, and acceptable content.
10.5. Data Protection & Privacy: While the VA Platform is a simulation entity, we respect your privacy and the handling of any personal data submitted by Members. We strive to align our practices with the general principles found in global data protection regulations, including, but not limited to, the European Union's General Data Protection Regulation (GDPR), similar acts in Canada, Mexico, and relevant privacy laws in the United States.
11.1. Waiver and Severability: The failure of the VA to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the remaining provisions of this Agreement will remain in full force and effect.
11.2. Entire Agreement: This Agreement constitutes the entire agreement between you and the VA concerning the use of the VA Platform.
12.1. From time to time this VA Platform may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).