Terms of Service

Effective Date: July 1st, 2023

These Terms of Service ("Terms") govern your use of the services provided by BlueBird Simulations LLC ("BlueBird Simulations," "we," or "us") through our website, products, and services. By accessing or using our services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use our services.

1. Use of Services

1.1 License:

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your personal, non-commercial use. All rights not expressly granted to you in these Terms are reserved by BlueBird Simulations.

1.2 Prohibited Conduct:

You agree not to engage in any of the following prohibited activities:

a) Violating any applicable laws, regulations, or third-party rights.

b) Interfering with or disrupting the integrity or performance of our services.

c) Attempting to gain unauthorized access to our services or accounts of other users.

d) Uploading, transmitting, or distributing any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.

e) Engaging in any conduct that could harm BlueBird Simulations' reputation or interests.

2. User Accounts

2.1 Registration:

To access certain features or services, you may need to create a user account. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. You agree to provide accurate and up-to-date information during the registration process and promptly update your account information as needed.

2.2 Account Termination:

We reserve the right to suspend or terminate your account and deny access to our services if we have reasonable grounds to believe that you have violated these Terms or engaged in any fraudulent, unlawful, or abusive activities.

3. Intellectual Property:

3.1 Ownership:

All intellectual property rights in our services, including but not limited to trademarks, logos, copyrights, and proprietary content, belong to BlueBird Simulations. You acknowledge that you have no ownership or rights to any such intellectual property.

3.2 User Content:

By submitting or uploading any content through our services, you grant BlueBird Simulations a worldwide, non-exclusive, royalty-free, transferable license to use, modify, reproduce, distribute, and display that content for the purpose of providing and promoting our services. You represent and warrant that you have the necessary rights and permissions to grant this license.

4. Giveaway Terms

4.1 Eligibility:

Giveaways are open to individuals who are at least 16 years old at the time of entry. Employees, contractors, and immediate family members of BlueBird Simulations are not eligible to participate.

4.2 Entry:

Participants may be required to take specific actions to enter the giveaway, such as following BlueBird Simulations on social media, sharing a post, or providing their contact information. Entry methods will be specified in the giveaway announcement or promotional materials.

4.3 Winner Selection:

Winners will be selected at random from the eligible entries received during the giveaway period. The method of winner selection will be determined by BlueBird Simulations in its sole discretion. The odds of winning depend on the number of eligible entries received.

4.4 Prize:

The prize details, including its approximate retail value and any specific conditions or restrictions, will be stated in the giveaway announcement or promotional materials. The prize is non-transferable, and no cash alternative or substitution is available.

4.5 Notification and Claiming the Prize:

Winners will be notified via the contact information provided during entry. If a winner does not respond within a specified time period (as stated in the notification) or fails to meet the eligibility requirements or any other conditions specified, the prize may be forfeited, and an alternate winner may be selected.

4.6 Publicity:

By participating in the giveaway, winners grant BlueBird Simulations the right to use their names, images, and any submitted content for promotional purposes, both online and offline, without further compensation, unless prohibited by law.

4.7 Taxes and Legal Compliance:

Winners are solely responsible for any taxes or fees associated with the receipt or use of the prize. Participation in the giveaway is subject to all applicable laws and regulations and is void where prohibited.

4.8 General Conditions:

BlueBird Simulations reserves the right to cancel, suspend, or modify the giveaway, or these terms, in its sole discretion, for any reason. The decision of BlueBird Simulations regarding any aspect of the giveaway, including the selection of winners, is final and binding.

By participating in the giveaway, you agree to comply with these terms and any additional rules or requirements provided by BlueBird Simulations.

5. Limitation of Liability:

To the maximum extent permitted by applicable law, BlueBird Simulations and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with your use of our services, even if advised of the possibility of such damages.

6. Indemnification:

You agree to indemnify, defend, and hold harmless BlueBird Simulations and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or related to your use of our services, violation of these Terms, or infringement of any rights of a third party.

7. Modifications to the Terms:

We reserve the right to modify or update these Terms at any time. The updated Terms will be effective upon posting on our website. Your continued use of our services after the changes become effective constitutes your acceptance of the updated Terms.

8. Governing Law and Dispute Resolution:

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware. Any disputes arising out of or relating to these Terms or your use of our services shall be resolved exclusively through binding arbitration in accordance with the rules of the Delaware Rapid Arbitration Act. The arbitration shall take place in the Court of Chancery.

9. Severability:

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

10. Entire Agreement:

These Terms constitute the entire agreement between you and BlueBird Simulations regarding your use of our services and supersede all prior and contemporaneous agreements, representations, and understandings.

10. Contact Us:

If you have any questions, concerns, or requests regarding these Terms, please contact us at contact@bluebirdsim.com.

By using our services, you acknowledge that you have read and understood these Terms and agree to be bound by them.