1.1. VFRPOLAND is an Internet service, which makes the Product available to the User on conditions presented in this Statute.
1.2. In order to use the Product the User needs to have an appropriate Operating System and a Simulator installed on their computer.
1.3. The Owner of VERPOLAND, a limited liability company seated in Warsaw.
1.4. Please note that the User may use the Product only for Private Purposes. All other usage of the Product requires a prior consent of the Administrator.
Unless the context implies otherwise, the words used in the Statute have the following meaning:
2.1. Administrator - VFRPOLAND Sp. z o.o., a limited liability company seated in Warsaw at Postępu 15c, 02-676 Warsaw, Poland, entered into the register of entrepreneurs, the National Court Registry by the Regional Court of Warsaw under the number KRS 0000341916, with the NIP no. 1132782684 (tax identification number) and with the REGON no. 142101981 (national business registry number) and with the share capital accounting for PLN 50.000.
2.2. The Service – a website available at http://www.vfrpoland.com enabling the User to download the Product.
2.3. The Product or the Secenery – additional software designed for Simulators, which once downloaded from the servers used by the Administrator and installed by the User on their computer may be used by the User. Prior to the installation of the Product the User is required to accept the License Agreement.
2.4. The Statute – the hereby Statute, which specifies the principles of use of the Service and of the Product.
2.5. The License Agreement – the agreement entered into between the User and the Administrator concerning the use of the Product.
2.6. The User – a major person, registered in the Service; a minor person may also become the User upon their litigation friend's approval to become registered in the Service. Should the Administrator agree, a legal person or organisational entity with no legal entity may also become the User.
2.7. The Private Purposes – using the Product in the manner, which fails to be related to the User's business activity or any other form of activity oriented at income. The Administrator enables the use of the Product by the User, whose business activity is related to aviation on the condition that the Product is installed on the computer which is destined for Private Purposes an which is not available for any third persons.
2.8. Simulator – a computer application working with the Product. Currently the Sceneries work with the following Simulators:
2.8.1. Flight Simulator X
2.8.2. Flight Simulator 2004
2.8.3. Flight Simulator 2002
2.8.4. Flight Simulator 2000
2.8.5. X-Plane 9
2.9. Operating System – the software which manages the hardware and creates the working environment for running and controlling of the User's tasks. Currently the Service works with the following Operating Systems:
2.9.1. Windows XP/Vista/7 – with the reservation that the computer's hard disk should be formatted within the NTFS.
2.10. Web Browser – the software used for downloading and viewing documents from Internet servers. The Administrator suggests the use of the following Web Browsers:
3. The Intellectual Property Right.
The Name of the Service, its graphic appearance, its idea, the software included in the Service, the database as well as names, trademarks, logotypes etc., as well as the very Product are protected by the provisions of law.
4.1. In order to use the Service, it is required to complete the registration in the Service.
4.2. The Registration is out of charge.
4.3. Registration in the Service is performed by the person intending to become the User of the Service and requires to fill in the registration form. During the process of registration the Administrator requires the person registering in the Service to provide the e-mail address and other data of the potential User.
4.4. The Administrator may request to certify the compliance of the data provided in the process of registration with the actual state.
4.5. The Administrator may request to confirm the registration process by sending an e-mail at the e-mail address provided by the registering person. If so, the registration is rendered complete once the registering person confirms the registration process.
4.6. Once the registration process is complete, the registering person becomes the User of the Service.
4.7. Once the registration process is complete, the User is provided with the Standard Account.
4.8. Every User may request to delete their Account at any time possible.
5. The Using of the Service.
5.1. The Using of the Service is only available for the Users of the Service.
5.2. Prior to the using of the Service the User is required to log in.
5.3. The downloading of the Sceneries is available for the Users owning the Premium Account or the Premium Points.
5.4. The Administrator may take a decision to enable some of the data included in the Service to the persons other than the Users of the Service.
5.5. The downloaded Sceneries may constitute files of a significant size.
6. Standard Account. Premium Points.
6.1. The using of the Standard Account is free of charge. The scope of use of the data enabled for the Standard Account User depends on the sole decision of the Administrator, which may change with no prior warning or explanation thereof at any time.
6.2. In addition to the data enabled for the Standard Account User free of charge, the Standard Account User may also download additional data, including Sceneries, only if they own enough Premium Points. The User owning Premium Points may download the Product within the scope specified by the Administrator. Once the Product is downloaded, the number of Premium Points is reduced by the number specified by the Administrator.
6.3. Premium Points may be acquired within the Service, in established outlets, including stores or they may be granted upon the purchase of other product, including the product of third persons or in any other manner established by the Administrator. The Administrator may specify the period of validity of the Premium Points.
6.4. The purchase of Premium Points within the Service is always confirmed with an e-mail generated by the Service and sent at the User's e-mail address provided in the registration process. The purchase of Premium Points within the Service is completed once the Administrator receives the confirmation of the payment.
6.5. Premium Points may be used only for the download of the Product by the User. Premium Points may not be exchanged for money or other currency.
7. Premium Account.
7.1. The Use of the Premium Account is chargeable. Subject to other provisions of the hereby Statute, within the period of validity of the Premium Account, the Premium User has an unlimited access to the downloading of the Product.
7.2. In order to Use the Premium Account the User is required to pay an amount specified by the Service charged for the Premium Account (the Purchase of Premium Account). The Administrator may provide several options of the Premium Account, differing with the validity period or the scope of functionality.
7.3. The Premium Account may be acquired within the Service, in the specified outlets, including stores, or they may be granted upon the purchase of other product, including the product of third persons or in any other manner established by the Administrator. The Administrator may specify the maximum period of the Premium Account's validity.
7.4. The Premium Account may be used within the period paid for by the User. Upon the termination of this period, the Premium Account expires, whereas the User may use the Service within the scope of principles attributed to the Standard Account.
7.5. The Purchase of the Premium Account within the Service is always confirmed with an e-mail, generated by the Service and sent at the e-mail address provided by the User during the process of registration. The Purchase of the Premium Account within the Service is completed once the Administrator receives the confirmation of the payment.
7.6. The User's Decision to resign from the use of the Service prior to the Premium Account's expiry date fails to be the basis for the refund of the costs borne in relation to the purchase of the Premium Account.
8.1. The Administrator declares to keep due diligence so that the enabled Sceneries reflect the reality in the best manner possible. However, the Sceneries may not reflect the actual state and may be misleading, thus they are not destined for use as training materials. The Administrator bears no responsibility for the discrepancies between the actual state and the contents of Sceneries.
8.2. The Administrator bears no responsibility for the lack of cooperation or inappropriate cooperation of the Sceneries downloaded by the User with the Simulators, which were not indicated as the ones suggested to be used by the Administrator or for any other damage, which may occur on the side of the User as a result of attempting to use the Product with any application other than the Simulator.
8.3. The Administrator bears no responsibility for the lack of cooperation or inappropriate cooperation of the Sceneries downloaded by the User with the Operational Systems or Web Browsers other than indicated by the Administrator.
8.4. The Administrator bears no responsibility for the operation of the servers from which the User downloads the Sceneries or for the speed of data transfer.
8.5. The Administrator bears no responsibility for any distortions in the operation of the Service which was the result of the higher force and particularly of distortions resulting from the hardware's failure or the overloading of the database and the server.
8.6. The Administrator bears no responsibility for the contents of the articles and comments disclosed in the Service.
8.7. The Administrator bears no responsibility in relation to persons other than the Users of the Service.
9.1. Upon the registration process the User accepts their personal data to be kept and processed by the Administrator on the conditions specified in this Statute.
9.2. The Administrator processes the Users' personal data in compliance with the provisions of the Personal Data Protection Act of the 29th August 1997 (The Journal of Law of 2002, No. 101, item 926 as amended) as well as the Electronic Services Act of the 18th July 2002 (The Journal of Law No. 144, item 1204 as amended).
9.3. The personal data and any other information included in the registration form shall be used by the Administrator in order to provide an accurate manner of use of the Service solely and if the User and the Administrator enter into a separate agreement, it may also be used in order to conclude an agreement, introduce amendments to an agreement or to terminate an agreement with the User, as well as in marketing, information or statistical purposes.
9.4. The Administrator reserves a right to verify and check the personal data provided by the User by a request to produce copy of a document confirming the User's identity.
9.5. The User has the right to view their personal data at any time and the right to request its correction or deletion from the database.
9.6. The User agrees to be informed about the news in the Service by the Administrator. This approval may be rejected by the User at any time.
10. Final provisions.
10.1. The downloading of the files enabled by the Service may be performed with the participation of the third person technologies, which shall be always explicitly stated to the User prior to the start of the download. The use of third person technologies shall have no result in the form of any additional charges for the User. Should any third person technologies be used, the User is required to get acquainted with terms of their use prior to the start of the download.
10.2. The hereby Statute was issued on the basis of the provisions of law binding in the territory of the Republic of Poland and the legal relation between the User and the Administrator is entirely subject to the law of the Republic of Poland. All Users are obliged to read the Statute in detail prior to the registration in the Service, which shall take place once all the provisions of the Statute are accepted.
10.3. The Administrator reserves a right to change the provisions of the Statute at any time with no prior warning or explanation. The changes of the Statute shall have no influence on the rights of the Premium Account Users purchased prior to the date of the Statute's amendment. If the change in the Statute is related to any additional obligations of the User, the introduction of the change may be exercised only upon the approval of the User. Lack of the User's approval within the period specified by the Administrator authorizes the Administrator to delete the User's account with the provision that the account may not be deleted prior to the Premium Account's Expiry date.
10.4. Should the User and the Administrator enter into an agreement, the agreement is subject to the provisions of law of the Republic of Poland.