Agreement Between User and Boston Virtual ARTCC
The Boston Virtual ARTCC, Inc. (BVA) Website (the “Website”) is comprised of various web pages operated by Boston Virtual ARTCC on the ‘bvartcc.com’ domain name, and also the community’s official Discord and TeamSpeak servers. The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices. This policy is effective February 11, 2021.
THIS WEBSITE IS DESIGNED FOR FLIGHT SIMULATION PURPOSES. THE CONTENTS OF THIS WEBSITE MUST NOT BE USED FOR “REAL-WORLD” AVIATION PURPOSES OR AS A SUBSTITUTE FOR RECEIVING INSTRUCTION FROM A CERTIFIED PROVIDER.
BVA is a non-profit integrated community of pilots and air traffic controllers operating the Boston ARTCC (ZBW) on the VATSIM network. BVA was created to join like-minded serious, dedicated, and professional flight simulation enthusiasts together. Information and content contained within the community and displayed on our website is not intended for and should not be used for real-world operations or as a substitute for flight training. Instructional content provided on this domain name should not be used as a substitute for FAA-approved instructional materials and flight training. Content has not necessarily been written or reviewed by any person licensed to write such content.
BVA is not affiliated with, nor does BVA seek to represent the views or operations of, real-world aviation organizations, including but not limited to Boston Logan Airport, the Federal Aviation Administration, airlines, airplane manufacturers, or flight training units.
Screenshots and content from FSX used on this website or posted on the forums were created under Microsoft’s “Game Content Usage Rules” using assets from Microsoft Flight Simulator X, ©. We also post and share screenshots from other simulators like Microsoft Flight Simulator, Prepar3D, and X-Plane, with the permission of the person who took the original screenshot.
Content contained on the ‘bvartcc.com’ domain is the copyright and property of BVA and may not be used, duplicated, recorded, copied, or reproduced without the permission of community administrators.
Links to Third Party Sites
The Website may contain links to other websites (“Linked Sites”) not operated by BVA. The Linked Sites are not under the control of BVA and BVA is not responsible for the contents of any Linked Site. BVA provides Linked Sites to you only as a convenience and the inclusion of any link does not imply endorsement by BVA of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to BVA that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
Use of Communication Services
The Website contains chat areas, forums, and other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
BVA has no obligation to monitor the Communication Services. However, BVA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BVA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
BVA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BVA’s sole discretion.
Always use caution when giving out any personally identifying information in any Communication Service. BVA does not control or endorse the content, messages or information found in any Communication Service and, therefore, BVA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Air traffic controllers and, in some cases, Administration Team members may not be authorized BVA spokespersons, and their views may not necessarily reflect those of Boston Virtual ARTCC’s Administration Team or the Officers of BVA.
Materials Provided to Boston Virtual ARTCC or Posted at Any Boston Virtual ARTCC WebSite
BVA claims ownership of the materials you provide to BVA (including feedback and suggestions) or post, upload, input or submit to any BVA Website or its associated services (collectively “Submissions”). By posting, uploading, inputting, providing or submitting your Submission you are granting BVA, its affiliated companies and necessary sublicensees, permission to use your Submission in connection including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. BVA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BVA’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
For clarity, any content that is hosted on or shared through BVA-owned or operated websites, servers, forums, chat rooms, or other networking or communications platforms immediately becomes the intellectual property of BVA unless an alternative, written agreement is made. BVA claims these intellectual property rights regardless of whether or not the content was originally intended for distribution to the entire community, or as content intended to be transmitted only to a few, select members.
You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any content you post. Keep in mind that if you send us any information, ideas, suggestions, or other communications to us, those communications will not be confidential. Moreover, unless we tell you otherwise, we reserve the right to reproduce, use, disclose, and distribute such communications without any obligation to you.
We are not responsible for, and do not endorse, content posted by any other person. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any content posted by another member or designated user of the Website who may or may not be related to your account.
Digital Millennium Copyright Act
If you believe any materials accessible on the Website or services infringe your copyright, or a copyright belonging to a third party in violation of the Digital Millennium Copyright Act, you may request removal of those materials (or access thereto) from the Website by contacting [email protected] and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and (if available) email address.
- A statement that you have a good faith belief that the use of the materials at issue is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)) and will terminate the access privileges of those who repeatedly infringe on the copyright of others.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BVA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, AVIATION, FLYING, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Termination / Access Restriction
Boston Virtual ARTCC reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BVA as a result of this agreement or use of the Website. Boston Virtual ARTCC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BVA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by BVA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BVA with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BVA with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices
All contents of the Website are: Copyright 2021 Boston Virtual ARTCC. All rights reserved. Boston Virtual ARTCC is a registered trademark of BVA.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Website provided the link does not portray BVA, its affiliates, or related products or services in a false, misleading, derogatory, or otherwise offensive manner. We encourage you to Contact Us before using or displaying our logo anywhere.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Boston Virtual ARTCC is not affiliated with the Federal Aviation Administration or the FAA’s Boston ARTCC.
Questions about this Policy