Effective Date: July 1, 2009

THESE TERMS OF SERVICE, AS MODIFIED OR AMENDED FROM TIME TO TIME ("Terms") ARE A BINDING CONTRACT BETWEEN MYVIRTUALFLIGHTS.COM ("VIRTUAL FLIGHTS" or "we" or "us") AND YOU ("you"). BEFORE USING THE MYVIRTUALFLIGHTS.COM WEBSITE (the "Site"), PLEASE READ THESE TERMS RELATING TO YOUR USE OF THE SITE CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY, AND YOU AGREE TO FOLLOW THE GUIDELINES AND POLICIES THAT MYVIRTUALFLIGHTS MAY POST ON THE SITE OR PROVIDE TO YOU FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE, IN WHICH CASE YOU SHOULD IMMEDIATELY EXIT AND NOT USE THE SITE. MYVIRTUALFLIGHTS MAKES THE SITE CONTENT AND INFORMATION ON THE SITE AVAILABLE TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THE TERMS. THESE TERMS APPLY TO ALL USERS, INCLUDING VISITORS TO THE SITE, AND REGISTERED MEMBERS AUTHORIZED TO POST CONTENT TO THE SITE. IF YOU WISH TO BECOME A REGISTERED USER, COMMUNICATE WITH OTHER REGISTERED USERS AND MAKE USE OF MYVIRTUALFLIGHTS' SERVICES, YOU MUST READ THIS AGREEMENT AND ALSO INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS.
 

1. DESCRIPTION OF SITE; MINIMUM AGE REQUIREMENT

Our Site is an upcoming popular gaming website in the world of virtual travel. You and other users of our Site have access to playing a game that has no bearing on the real world.
In addition to being a gaming website, the website allows users of differing cultural and geographical backgrounds to interact through common messaging interfaces. In return for allowing you to play this game, you agree to grant the license to MYVIRTUALFLIGHTS described in Section 6 hereof.
We also give you the ability to create a unique personal profile to interact with other users. To find out more about our Site, please go to http://www.myvirtualflights.com/aboutus.php.
This Site is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract, and you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you. If you choose to set up an Account, your Account may be used only by you.

2. MODIFICATIONS TO TERMS

You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the Site. Your continued use of the Site following the posting of changes to these Terms will mean that you accept those changes. To update the Terms, we will post both the changed version and its effective date on the Site. As such, we encourage you to check back regularly to review these Terms and any updates thereto.

3. MODIFICATIONS TO SITE

You may use the Site only when and as available. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your Content from the Site at any time without any notice to you. We will not be liable to you or any third party for any such modification, suspension, discontinuance or removal and any such action by us will not affect MYVIRTUALFLIGHTS' license to your Content as stated herein.

4. POSTING CONTENT ON THE SITE; REPRESENTATIONS AND WARRANTIES

By displaying or publishing ("posting") any content on the Site, including without limitation text, audio, video, pictures, profile photos, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content"), you warrant and represent that (a) you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to MYVIRTUALFLIGHTS the rights in your Content described herein and for us to exercise the rights with respect to such Content that you grant herein; (b) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Content; (c) you are the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to MYVIRTUALFLIGHTS described herein; (d) the content is not obsecene, vulgar, pornographic, threatenting or otherwise disturbing to any or all classes of recipients on the website; (e) you will make such permissions available to MYVIRTUALFLIGHTS upon request; and (f) your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your Content does not violate any of the foregoing representations and warranties and to make such records available upon the request of MYVIRTUALFLIGHTS all without the violation of any other person's intellectual property or other rights or of any laws or regulations. You acknowledge that the Site does not have any "digital rights management" or other security technology features to restrict someone who receives Content from copying and redistributing it.
To post Content on the Site, you must first complete the Site registration process to create an account with a user name and password (the "Account"). You agree to provide accurate current and complete information during the registration process, when contributing Content or when otherwise using the Site. You also agree that you will review, maintain, correct and update such information in a timely manner to maintain its accuracy and completeness. You agree to safeguard your user name and password, and you authorize us to accept any use of the Site through your Account as being used by you or someone authorized to act for you. You agree to be liable for any Content posted using your Account and for any transactions associated with your Account. You agree that we can rely upon the contact and other information that is supplied to us using your Account and that we will rely upon such information. You agree and acknowledge that your Account is non-transferable and non-assignable.

5. AVOIDANCE OF MISUNDERSTANDING OF THE GAME

This site is a gaming website for all means and purposes. We do not intend to create a simulation of real world existences, past or present or future. You undertake not to understand, nor interpret, nor assume, nor know, nor think, nor presume, nor imagine, nor guess, nor suppose, nor take to mean, nor read, nor construe, nor believe, nor expect, nor reason nor envisage that any part of this game exists in the real world. Such undertaking from you extends, but is not limited to, the following terminology around the website:

a. FlyCash: The virtual currency on the website is called “FlyCash”. Users often start with an opening balance of FlyCash which can be used to virtually buy services on the website. The term has been created by MYVIRTUALFLIGHTS, and is no way related to any currency around the world. It does not exist in real life, and the user may not ask or order MYVIRTUALFLIGHTS for the balance of FlyCash in his account to be paid to him in any real currency for any sum of money.

b. FlyMiles: The virtual mileage on the website is called “FlyMiles”. The FlyMiles are earned on each virtual journey taken by the user and can be used to virtually buy services on the website. The term has been created by MYVIRTUALFLIGHTS, and is no way related to any Frequent Flyer Programme around the world. It does not exist in real life, and the user may not ask or order MYVIRTUALFLIGHTS for the balance of FlyMiles in his account to be translated in physical cash or converted to any frequent flyer programme points of another establishment.

c. Virtual Traveller Club: The frequent flyer programme of MYVIRTUALFLIGHTS is called Virtual Traveller Club. Such a frequent flyer programme exists virtually only within the site “www.myvirtualflights.com” but does not exist in the real world. You may not assume that MYVIRTUALFLIGHTS is in any way related to other real world Frequent Flyer Programmes.

d. FlyPoints: The point system of virtual Frequent Flyer Programme on the website is called “FlyPoints”. As with all other components of the Frequent Flyer Programme, the FlyPoints is virtually collected around the website, and does not exist in the real world. FlyPoints are restricted to virtual existence only within the site “www.myvirtualflights.com” and have no bearing on the real world.

e. Ports: A port is a virtual point of travel on the site. These include airports, seaports, train stations, bus stations, metro stations, subways, taxi stations or any other ports that may join the game in the future. Ports, on “www.myvirtualflights.com” are an imaginary point from or to which users virtually traverse. The point may or may not exist in the real world, and should such a port exist in the real world, the two such, or group of such ports, shall have no relation whatsoever to each other. MYVIRTUALFLIGHTS does not claim, unless expressly stated, to be related to such real world ports.

f. Carrier: A carrier is a virtual establishment created by MYVIRTUALFLIGHTS within the boundaries of “www.myvirtualflights.com” to become a means of travel between two or more ports. MYVIRTUALFLIGHTS undertakes to ensure, unless expressly states, that such imaginary carriers do not portray or construe to portray a real world carrier of any sorts.

g. Closure of Ports: Occasionally, MYVIRTUALFLIGHTS may temporarily close Ports from operation, as a part of the game. Such closure is purely imaginary and virtual, and the user shall in no way assume that such closure is any way related to the operation of any other port in the real world.

h. Cancellation of Journey: Occasionally, MYVIRTUALFLIGHTS may cancel a virtual journey in which you or another user may have undertaken to virtually travel on. Such cancellation is purely a part of the game, and the user may not expect or order a monetary compensation for such cancellation.

i. Port Contracting: MYVIRTUALFLIGHTS offers users the chance to “imaginarily” own Ports, the imaginary point of travel on the site. Such ownership is strictly within the boundaries of “www.myvirtualflights.com” and in no way shall be construed as the ownership of any or all real world port. The port contracting is paid for in virtual cash, and the ownership shall remain virtual within the boundaries of the site for a limited period.

6. OWNERSHIP OF RIGHTS; LICENSE RIGHTS

You retain ownership of your copyrights and other intellectual property and proprietary rights in any Content you post to the Site, subject to the non-exclusive rights that you grant to us as described in these Terms. These Terms do not prevent you from granting similar rights to others.
You hereby grant MYVIRTUALFLIGHTS a worldwide, royalty-free, freely transferable, freely sub licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms. You agree that we may (but are not obligated to) display your Content, and your username or your actual name (according to the preferences you select at the time that you register) along with your Content.
You acknowledge that the posting of your Content for any period of time is sufficient consideration for the license granted herein to MYVIRTUALFLIGHTS. You may choose from time to time to remove or modify Content that you previously posted on the Site.

7. PROHIBITED CONTENT

You agree not to post to the Site any Content or any other materials whatsoever that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).

8. PROHIBITED CONDUCT

You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) access or use the Site or any service on the Site in any way that violates or is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms; (b) access, tamper with, or use services or areas of the Site that you are not authorized to access; (c) alter information on or obtained from the Site; (d) tamper with postings, registration information, profiles, submissions or Content of other users; (e) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (f) frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by MYVIRTUALFLIGHTS; (g) impersonate or misrepresent your affiliation with any person or entity; (h) reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law); (i) send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spy ware," "ad ware" or other code that could adversely impact the Site or any recipient; or (j) take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.

9. MONITORING OF SITE CONTENT

We are under no obligation to restrict or monitor Site Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT MYVIRTUALFLIGHTS DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of MYVIRTUALFLIGHTS. MYVIRTUALFLIGHTS neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized MYVIRTUALFLIGHTS employees acting in their official capacities.

10. PROTECTION OF SITE CONTENT

Our Site is protected by intellectual property laws and you agree to respect them. MYVIRTUALFLIGHTS grants you a limited, revocable, non-transferable, non-sub licensable, non-exclusive license, under the rights MYVIRTUALFLIGHTS has in the Content, to privately display the Content on your computer for your own personal, noncommercial purposes, and to print a reasonable number of copies of the Content as needed for that use. MYVIRTUALFLIGHTS reserves all other rights in the Content, on its own behalf and the behalf of its licensors (including contributors), and MYVIRTUALFLIGHTS does not, directly or by implication, by estoppel or otherwise, grant any other rights or licenses to you under these Terms. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content without prior written consent from MYVIRTUALFLIGHTS or the contributor of the Content or other third-party owner of the rights in that Content (if any). You agree not to reverse engineer any Content consisting of downloadable software, unless specifically authorized by MYVIRTUALFLIGHTS or the third-party owner of the rights in that Content (if any) or otherwise permitted by law.

11. PRIVACY POLICY

Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any Content or activities relating to the Site.

12. TERMINATION / CANCELLATION / CONTINUITY OF SERVICE

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site.
If your Account or access to the Site is terminated for any or no reason, you may no longer have access to the Content you posted on the Site. In such event, MYVIRTUALFLIGHTS may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such Content according to the terms contained in Section 6 with respect to removal or modification of Content previously posted on the Site.
The provisions entitled "Posting Content on the Site; Representations and Warranties," "Ownership of Rights; License Rights," "Indemnification," "Disclaimer of Warranties," "Exclusion of Damages; Limitation of Liability," and "Additional Terms" and the Privacy Policy will survive termination of these Terms.
Every effort is made to keep the website up and running smoothly. However, MYVIRTUALFLIGHTS takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues within or beyond our control.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

13. CLOSURE OF ACCOUNTS

You may, at your own sole discretion, choose to discontinue using this website, for any reason. All content exisintg on the website as on the date and time of your discontinuing the use of the service shall remain intact and continue to be held by us, unless you have formally deactivated your account. Until such time that you have deactivated your account, all content belonging to you shall remain on our systems, as normal. Accounts must be formally deactivated by clicking on the CLOSE ACCOUNT button on the Account Information Page. Thereafter, it can take up to 60 days from the date of deactivating the account for all content and your registered username to be removed permanently from our systems. Virtual Flights respects User's personal information assets, and we do not intend to hold such information after 60 days of your formally deactivating your account.

14. DEALINGS WITH MERCHANTS; LINKS

The Site contains advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that MYVIRTUALFLIGHTS is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. MYVIRTUALFLIGHTS' Privacy Policy is applicable only when you are on our Site. Once you choose to link to another website, you should read and understand that website's privacy statement before disclosing any personal information.
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, "click to purchase" and other similar programs, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against MYVIRTUALFLIGHTS and agree to hold MYVIRTUALFLIGHTS harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.

15. DONATIONS

MYVIRTUALFLIGHTS provides a completely non-obligatory, non-recurring, voluntary mode of collecting donations through the website.
Your donation to MYVIRTUALFLIGHTS.COM is not a tax deductible donation. MYVIRTUALFLIGHTS is a game that does not seek to earn a profit, but atleast receive donations to offset the expenses incurred to keep the overall functionality of the website. You make this donation because you enjoy MYVIRTUALFLIGHTS and want to support it.
MYVIRTUALFLIGHTS may, but is not obligated to, publish the total donations collected on the website, and how these donations have been used to keep the website operationally functional.
Making a donation to the website does not entitle the donor to compensatory supplemental ad-hoc services or privileges on our site. However, MYVIRTUALFLIGHTS may choose to provide supplemental services or offers at its own discretion, which shall be non-debatable or bargained for.

16. INDEMNIFICATION

As a condition of your access to and use of the Site, you agree to hold MYVIRTUALFLIGHTS, and their subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Site; (iv) MYVIRTUALFLIGHTS' resolution (if any) of any dispute you have or claim to have with one or more users of the Site; (v) your improper authorization for MYVIRTUALFLIGHTS to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that MYVIRTUALFLIGHTS disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) MYVIRTUALFLIGHTS will have the right but not the obligation to resolve disputes between users relating to the Site and MYVIRTUALFLIGHTS' resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) MYVIRTUALFLIGHTS' resolution of a dispute will be final with respect to the Site.

17. DISCLAIMER OF WARRANTIES

THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM MYVIRTUALFLIGHTS, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT A PROFESSIONAL OR SOME OTHER AUTHORITY IN THE APPROPRIATE FIELD BEFORE USING ANY OF THE CONTENT. THE SITE IS PROVIDED BY MYVIRTUALFLIGHTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYVIRTUALFLIGHTS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE. MYVIRTUALFLIGHTS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYVIRTUALFLIGHTS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF CONTENT AND OTHER MATERIAL, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SITE. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
Without limiting any of the foregoing, MYVIRTUALFLIGHTS makes the following specific disclaimers for the following categories of information:
INVESTMENT & FINANCIAL INFORMATION: The Content located on the Site should not be interpreted as financial or investment advice nor should it be interpreted as creating any kind of investment advisor or financial advisor relationship, where regards cost of journeys or contracting of airports/seaports/bus stations/railway stations or any other section of the game that displays any financial data. You should NOT rely upon the financial and investment information or opinions provided herein and you should conduct your own independent research and consult with your personal investment advisor before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions you take. Neither MYVIRTUALFLIGHTS, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for your financial/investment decisions based upon, or the results obtained from, the Content on the Site.

18. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER MYVIRTUALFLIGHTS NOR THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF MYVIRTUALFLIGHTS, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.

19. COPYRIGHT INFRINGEMENT

MYVIRTUALFLIGHTS respects the intellectual property rights of others and requests that the people who use the Site do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

a. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

b. identification of the copyrighted work that you claim has been infringed;

c. identification of the material that is claimed to be infringing and information reasonably sufficient to permit MYVIRTUALFLIGHTS to locate the material (for example, by providing a URL to the material);

d. your name, address, telephone number, and email address;

e. 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; and

f. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our designated agent to receive notification of claimed infringement can be reached at:
P O Box 49828
Dubai
United Arab Emirates
team@myvirtualflights.com
It is our policy to terminate in appropriate circumstances any Account for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account for even one instance of infringement.

20. CUSTOMER SUPPORT

You acknowledge that we have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, provided that you have created an Account and that you submit your customer support inquiries using such Account.
 

21. NOTICES AND CONTACT INFORMATION

Except as otherwise provided in these Terms, MYVIRTUALFLIGHTS will give you any notices by posting them on the Site. You authorize MYVIRTUALFLIGHTS to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if MYVIRTUALFLIGHTS decides, in its sole discretion, to do so. You agree to check the Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site. MYVIRTUALFLIGHTS may provide notice to any e-mail or other address that you provide during registration. You agree to keep your address current and that notice provided by MYVIRTUALFLIGHTS to the address that you have most recently provided will constitute effective notice. We receive many emails and not all of our employees are trained to deal with every kind of communication. Therefore, with the exception of notices related to copyright infringement and removal of licensed material described in Sections 18 and 6 above, respectively, you agree to send us any notice by mailing it to our address for Legal Notices which is: P O Box 49828, Dubai, United Arab Emirates, Attn: Legal Department.

22. ADDITIONAL TERMS

a. Agreement to Conduct Transactions Electronically. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.

b. Compliance with Laws. You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content by certain persons or in certain countries may not be legal.

c. No Agency; No Third Party Beneficiary. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Neither of us intends that any third party will be a beneficiary of or entitled to rely on any part of these Terms.

d. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.

e. No Assignment. These Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of MYVIRTUALFLIGHTS. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of MYVIRTUALFLIGHTS will be null and void. MYVIRTUALFLIGHTS shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.

f. Jurisdiction; Choice of Law; Export Limitations. This Site is controlled by us from our offices within the United Arab Emirates and is directed to UAE users. If you choose to access this Site from locations outside the UAE, you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of UAE export laws and regulations or the Terms. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the United Arab Emirates, without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and MYVIRTUALFLIGHTS agree to submit to the personal and exclusive jurisdiction of the courts located within Dubai, UAE. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in Dubai. You hereby consent to jurisdiction in a state or federal court sitting in Dubai, UAE and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Dubai or federal law.

g. Limitations on Actions. Any action concerning any dispute you may have with respect to this Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.

h. Paragraph Headings. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect.

i. Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy and Supplemental Terms) comprise the entire agreement (the "Entire Agreement") between you and MYVIRTUALFLIGHTS with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

j. No Waiver. The failure of MYVIRTUALFLIGHTS to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or MYVIRTUALFLIGHTS' right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.

LEGAL NOTICES.
Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms. Such correspondence will be mailed to your address (email or otherwise) which was provided during the registration process, or updated later.
Further Information

If you have a complaint, you may contact us at:
MYVIRTUALFLIGHTS, Inc.
Legal Department,
P O Box 49828,
Dubai,
United Arab Emirates
team@myvirtualflights.com

NOTICE:
NO HARVESTING OR DICTIONARY ATTACKS ALLOWED. MYVIRTUALFLIGHTS WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY MYVIRTUALFLIGHTS TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE MYVIRTUALFLIGHTS PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY MYVIRTUALFLIGHTS, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO MYVIRTUALFLIGHTS COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

NOTICE RE TRADEMARKS
The trademarks MYVIRTUALFLIGHTS and all other trademarks listed below or used in the Site are owned or used under license by MYVIRTUALFLIGHTS and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on this Site or in any Site content. All rights are reserved.

INTERNET COPYRIGHT NOTICE
This website and its content is copyright of myVirtualFlights.com - © Virtual Flights 2008, 2009. All rights reserved.
All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
a. You may print or download to a local hard disk extracts for your personal and non-commercial use only

b. You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material. Notice of such use must be conveyed to MYVIRTUALFLIGHTS by email to team@myvirtualflights.com

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

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