Terms of Service
Click here for the German translation
Who are we?
Please find our contact details in the Contacts section. X-Plane.to essentially provides a free service that allows users to upload, promote and showcase content that other users can download, view, comment, interact with or follow.
When do these terms apply?
If you have signed up on or after February 24, 2023, these terms apply immediately. If you have signed up before February 24, 2023, these terms apply once you consent to these terms after being notified by us. If you do not agree, you are required to delete your account and stop using our service by March 5, 2023. These terms will apply from March 5, 2023, unless you have deleted or deactivated your account before this date.
(1.1) If you are a citizen of the European Union, you need to be at least 16 years old in order to use the Service, or you may need to do so with a parent's or legal guardian's consent. This Site may require proof of such age or consent. You are not allowed to use this Site if such age or consent is not given.
Account Suspension and Termination
(3) You may not use anyone else's account at any time and you may not allow anyone else to use your account at any time. You are responsible for all activity occurring under your account, including all activities or transactions conducted through the use of your account. You are responsible for maintaining the confidentiality of your account username and password, and agree not to disclose your username and password to anyone. You agree not to transfer, resell, or otherwise convey your account or the right to use your account to anyone. You agree that this Site will not be liable for any loss you may incur as a result of someone else using your account, either with or without your knowledge. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password; and (ii) immediately notify us of the problem through our contact page.
(3.1) Number 3 does not apply if the unauthorised access to your account was caused by an intentional or grossly negligent breach of duty on the part of the Site and if it can be excluded that you are substantially at fault.
(4) Certain aspects of the Site may allow you to submit or post a variety of content to the Site, such as text, images, files, videos, and other content, either directly to the Service or through a Third Party Service (collectively, "User Content"). Please be aware that User Content is not confidential and may be accessible by other users and the public.
(4.1) If you choose to upload User Content, you must not submit to the Service any User Content that does not comply with these terms or the law. For example, the User Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so (including by way of any available exceptions or limitations to copyright or related rights provided for in European Union law). You are legally responsible for the User Content you submit to the Service. We may use automated systems that analyze your User Content to help detect infringement and abuse, such as spam, malware, and illegal content. Material that is considered illegal under German, English, or United States law, such as pornographic representations of sexual violence, inappropriate images of minors, bestiality, necrophilia, etc., is strictly forbidden and will lead to administrative measures. In appropriate circumstances, the relevant authorities will also be informed.
(4.1.1) You assure that any contribution you make on this Website follows these standards and will be held accountable by us. Should there be a violation of this assurance, you agree to compensate us for any losses or damages we incur. This holds you responsible for any harm we face as a result of your breach of warranty.
(4.2) You retain all of your ownership and intellectual property rights in your User Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to the Platform and other users of the Service. You are required to grant (a) us a limited license to use, store, host and copy your User Content and to distribute and make it available to third parties; (b) other users of our site a limited license to use, access and download that content for their own recreational purposes; and (c) the licenses described in the following paragraphs.
(4.2.1) The grant of rights is subject to the limitation that you may not grant us any rights to the extent that you do not possess such rights yourself or are not entitled to grant such rights. If you upload User Content that includes another party's copyright or intellectual property, any terms of the third-party content's End User License Agreement (EULA) or contracts shall take precedence over these terms to the extent of any conflict. Subject to any agreement you have with any third-party, you retain all rights to your User Content, and you are responsible for protecting those rights. Any third-party retains all of its intellectual property rights, copyright and trademarks associated with the User Content. You represent and warrant that you have the right to grant us the licenses in this Section and such grant does not violate any rights of any third-party. This Site will not claim any of these rights protected by third-parties.
(4.3) When you submit or post User Content to the Service, either directly or through a Third Party Service, you are granting this Site a worldwide, non-exclusive, assignable, unrestricted, sublicensable, perpetual, irrevocable, and royalty-free license to use the User Content. This license includes all consents or waivers necessary to distribute, publicly perform, publicly display, modify the User Content for the purposes of Site moderation, optimization and operation, transmit, host, share, keep available, communicate to the public, and advertise, feature, or promote the User Content in connection with the service provided by the Website and across different media now known or developed in the future without further notice or permission from you or any other person, and without compensation to you or any other person, (if applicable) only to the extent that such license grant is not limited or restricted by any third-party EULA of content that is included in your User Content. Modification of User Content may include, but is not limited to, comment moderation, modification of uploaded images (such as adding watermarks, applying auto-optimization filters, converting them into other file formats, changing filenames), modifying the description, categorization, tags, posted text contents and other characteristics of your User Content, or modifying your user-generated account information or similar. Each license grant does not affect any intellectual property rights or applicable copyright law.
(4.3.1) You are granting us this license for the purpose of enabling us to fulfill the spirit, legitimate interest and purpose of our Website and to offer, operate, improve and enhance our services. The Site is not allowed to sell, bill, charge a fee to access, claim ownership or intellectual property, to your User Content without your express permission. The Site may use your User Content solely in connection with the X-Plane.to services and only to the extent required therefore.
(4.4) You grant to the Platform the right to monetize your User Content on the Service, which may include displaying ads on or within User Content. For the sake of clarity, these terms do not entitle you to any payments.
(4.5) You are granting each other user of the Service a worldwide, non-exclusive, perpetual, and royalty-free license to access, download and use your User Content through the Service. This license allows users to use the User Content for their own recreational purposes and in accordance with the purpose of the Website, which is to enable users to download video game mods for their personal use and enjoyment, forever.
(4.6) You can delete your User Content from the Service at any time without reason, unless otherwise stated in this agreement. Upon deletion, this Site shall discontinue to distribute, host or make available the User Content and irrevocably delete it from the Site's servers, except where you permitted the further use of User Content after your removal, or the law requires otherwise. For example, removal of User Content by you does not require the Platform to: (a) recall User Content that is being used by other users within any limited offline viewing functionality of the Service; (b) delete copies we reasonably need to keep for legal purposes; (c) delete backup copies we need to keep for a reasonable period of time; (d) remove your User Content within User Content of others when they have not deleted your User Content; (e) remove content pages including User Content of other users or statistical information; (f) remove or hide third-party User Content related or in connection with your User Content, such as third-party comments, ratings or similar information. When we delete User Content, it is removed in a manner similar to emptying the recycle bin on a computer. You should be aware that removed content will persist in backup copies for a reasonable period of time, which however are not accessible to others.
(4.6.1) Certain User Content may not be archived, disabled, hidden, removed or deleted (collectively, "deletion") without giving the Site prior notice of such deletion (File Termination Period - period between the time of notification and the actual deletion). In the cases listed below - and only in these -, the Site reserves the right to keep your User Content available for others to retrieve, access and download until the File Termination Period has elapsed. Following the end of the File Terminiation Period, the file will be deleted in accordance with Section 4.6 of these terms. The purpose of this provision is to ensure that any User Content that other users may rely on or reference, such as in collaborative, libraries or group projects, remains available until a reasonable period has passed, or to ensure that the removal of content does not disrupt the functioning and purpose of the Site. Compliance with the File Termination Period can be waived under certain special circumstances, for instance, if there is an urgency that requires the immediate removal of the content, or if the individual case presents a different and valid justification for a waiver, the Site may allow the removal of the content without waiting for the File Termination Period to expire. In such cases, the Site may take appropriate measures to ensure that the rights and interests of other users are not infringed upon, and that the functioning and security of the Site are not compromised. However, any such waiver or exception to the File Termination Period must be clearly communicated to the Site and should be agreed upon by all parties involved.
|Case||File Termination Period|
Files uploaded in the Library category or made for other users to use or reference within their own User Content
Files uploaded in the Aircraft category or aircraft for or on which other users have shared own User Content
|Popular or Trending User Content
Files with about 25,000 downloads or more, including files which have seen more than 1,000 unique downloads
within the last 24 hours
|Featured User Content
User Content that has been shared, advertised, promoted, highlighted or otherwise featured by the Site on social media,
news or similar media channels
|Community Request Fulfillments
Files which have been assigned to a request or created in response to a request published on the Website's Requests section
(4.7) If you decide to end this Agreement with us, to close or delete your User account, or if we discontinue, suspend or limit your access to the Site, X-Plane.to will remove your User Content in accordance with Section 4.6 upon request, unless a File Termination Period in accordance with Section 4.6.1 applies. If you decide to delete your account without waiting for the File Termination Period to expire, the Site may transfer your User Content to an temporary account set up by the Site to keep your User Content available for the period provided in compliance with Section 4.6.1 of these terms.
(4.8) For the sake of clarity: You only retain the rights to the files you have uploaded to this Website. You do not possess the rights to files or content created by others that may have resulted from your content being accessible on any page of this Website, including but not limited to: ratings, comments, images created by other users, articles or information about your content, any related statistical information, the overall page your User Content is featured on, and the User Content of others. In order to keep third-party User Content available, the Site may keep the relevant pages, contents and statistical information available to the public, such may include images, screenshots, changelogs, descriptions and other non-personalized information related or in connection with your User Content, even if originating from or uploaded by yourself.
(4.9) This site allows users to set their preferred terms for the reuse of their work within the site through various permission settings specific to each file. These permissions are not binding to X-Plane.to in any way, but are merely an indication to other users of how the uploader of a particular file wishes to control its redistribution. If another user violates the posted permissions, their account may be subject to moderation at our sole discretion. It is up to the uploader/user to enforce their rights against users who may be violating their redistribution policy. The permissions granted to other users will remain even if the author stops using this Website or their account is terminated. Obviously, chosen permission settings are only valid to the extent permitted by law.
(4.10) Please retain copies of all your User Content as this Site is under no obligation to store or return any User Content to you. You are solely responsible for your User Content. This Site only acts as a passive conduit for User Content, and will not be liable for any use, disclosure, or exposure of any User Content, including possibly objectionable or offensive User Content, to you, any other user, or any third party. X-Plane.to is under no obligation to monitor User Content or use of the Site. However, this Site has the right to monitor or moderate User Content, in our sole discretion, and to enforce our or a third party’s intellectual property rights in any User Content. X-Plane.to reserves the right to discard or remove User Content from the Site in its sole discretion and without any liability.
(4.11) You represent and warrant the following as to your User Content: Your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, including copyrights or trademarks. Your User Content, as used in connection with the Site, will not violate any applicable laws or regulations or infringe or violate any rights of a third party. You will indemnify X-Plane.to on first demand against all claims that your User Content is unlawful and you will be fully liable for all costs and damages incurred by X-Plane.to as a result of your unlawful content.
(4.12) The community guidelines listed here are also part of these Terms of Service. Violations of the guidelines are treated similarly to violations of our Terms of Service.
(4.13) The Site reserves the right, solely upon its own discretion, to refuse, remove, or disable access to User Content that the Site learns may be illegal or may violate the terms of these Terms of Service, although it has no obligation to do so. X-Plane.to's action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms of Service by any user (or any other third party) does not waive X-Plane.to's right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Service violation.
(4.14) You are solely responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content. It is your responsibility to investigate the licensing of any User Content prior to using such User Content in any way and to ensure that your use of any such User Content complies with all applicable laws, licensing requirements and does not infringe third parties' proprietary rights. You are also responsible for any content that you post or transmit as well as all content posted or transmitted through or by use of your User Account.
Disclaimer of Warranties
(6) Your use of the Site is at your own risk, and the Site is provided "as is" without warranties of any kind, either express or implied. X-Plane.to does not warrant that the service will be available, uninterrupted, secure, or error-free, that defects will be corrected, or that the service or the servers that make the service available are free of viruses or other harmful components. This Site does not accept any liability for any loss or damage arising from your use of the Site.
Limitation of Liability
(8) The Site is not liable for any damages incurred through the use of its services, including that which may be associated with the user-submitted content. You agree that any use of user-submitted content or modifications made to your property is done at your own risk. By submitting content to our services, you accept full responsibility for and absolve the Site of any liabilities associated with your submitted content, including any potential damages it may incur to anyone's property or well-being, directly or indirectly.
(8.1) The Platform assumes no liability for the topicality, correctness and completeness of the information provided on the Website. Liability claims against the Platform relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information are fundamentally excluded, unless the Platform can be shown to have acted willfully or grossly negligent Is at fault. All offers are non-binding. The Platform expressly reserves the right to change, add to, or delete parts of the pages or the entire offer or to cease publication temporarily or permanently without prior notice.
(8.1a) In no case shall the Site, the directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
(8.2) The Platform shall be liable exclusively as follows: We shall be liable without limitation in accordance with the statutory provisions (i) for damages arising from injury to life, body or health; (ii) in the event of intent; (iii) in the event of gross negligence; and (iv) in accordance with the German Product Liability Act. Without limiting the foregoing, we shall only be liable for ordinary negligence in the event of a breach of a "material" obligation under this Agreement. "Material" obligations in this sense are obligations which are necessary for the performance of the contract, the breach of which would jeopardise the achievement of the purpose of the contract, and compliance with which you may therefore regularly rely on. In these cases, liability is limited to typical and foreseeable damages; in other cases, there is no liability for slight negligence.
(9) By creating a account, you acknowledge that we may send email to the address associated with your account with important information regarding your account, as well as our services and policies. However, you are free to opt-out from emails that do not contain important information regarding your account or our service by letting us know that you no longer wish to receive such emails.
Terms for the X-Plane.to Premium Membership
(P-1) This Section describes the terms and conditions for the Premium Membership at X-Plane.to. Where this constitutes a conflict between the Website Terms and Conditions and the terms in this Section, these terms shall prevail. Please read these terms carefully before you purchase X-Plane.to Premium.
(P-2) Your X-Plane.to Premium Membership begins with our acceptance of your purchase. Our acception will take place when we email you to accept it, at which point a contract will come into existence between you and us. If we are unable to accept your purchase, we will inform you of this and will not charge you for the purchase. You will have access to the Premium Membership benefits once you have paid the relevant purchase fee in full after our acceptance, for the period you selected during purchase.
(P-3) We reserve the right to modify the Premium Membership in order to: (a) comply with changes in applicable laws and regulations, and (b) incorporate minor technical enhancements and improvements, such as addressing security concerns. These changes will not have an impact on your use of the Premium Membership.
(P-4) We cannot be held accountable for any delays or service interruptions that are beyond our control. If access to the Premium Membership is delayed or interrupted due to circumstances beyond our control, we will notify you as soon as possible and take steps to minimize the impact of the delay or interruption. In such cases, we will not be responsible for the delay or interruption, but if there is a substantial risk of a prolonged delay or interruption, you have the option to end your Membership and receive a refund for any Premium Membership fees that you have already paid but have not yet received.
(P-5) Suspension. The Premium Membership ends at the end of the day on which the period for which you purchased X-Plane.to Premium ends. For instance, if you have purchased X-Plane.to Premium for 30 days, your membership will automatically end at the end of the 30 days. It is not necessary to cancel your membership separately. The membership expires automatically. If you wish to continue using X-Plane.to Premium after your initial chosen period, you must purchase it again.
(P-5.1) We may end your Membership if you break any of these terms or any other terms which apply to the Website. In these cases, we may end your Membership at any time, and we are not required to issue any refund to you as you are in breach of the contract.
(P-6) You may have a statutory right of withdrawal. You may be able to withdraw from your purchase within 14 days if you change your mind. You need to contact and inform us of this decision within the withdrawal period. However, you are obligated to compensate us for the Premium Membership benefits utilized until the point at which you inform us of your change of decision, which is, for every day of the Premium Membership period, you must pay 5% of the Membership fee. If you are entitled to a refund, we will pay this to you by the method you used for payment. However, we may make deductions from the price, as described above.
(P-6.1) Other than legally provided reasons for revocation or withdrawal, we do not recognize any other refund or return rights, unless required by law.
(P-7) The Premium Membership cannot and may not be shared with other users. It is forbidden to pass on access data to other persons and this contract is only effective between you as the purchaser of the Premium Membership and us. You need our consent to transfer your rights to someone else. Unlawful or forbidden sharing of the Premium Membership with any third party without our prior consent is a breach of this Agreement and may result in immediate termination.
(P-8) We are responsible for any foreseeable losses or damages caused by us in the provision of the Premium Membership. If we breach these terms or fail to exercise reasonable care and skill, we are liable for the foreseeable losses or damages that result, but not for those that are not foreseeable. Loss or damage is considered foreseeable if it was either evident or known to both parties at the time the agreement was made. There are some instances where our liability cannot be limited or excluded, such as in cases of death or personal injury caused by our negligence or that of our employees, agents, or subcontractors, fraud or fraudulent misrepresentation, or violation of your legal rights related to the Premium Membership. We are not responsible for losses incurred in the course of conducting business. The Premium Membership is intended for personal and domestic use only, and if used for commercial or business purposes, we will not be liable for any loss of profit, business interruption, or opportunity.
Terms For Purchasable Content
(10) This Website allows you to purchase and download digital content such as files, software programmes, applications, application extensions, software add-ons, gaming contents, video games, video game extensions, DLCs or similar content in its Store (collectively, "Products"). All Products are solely delivered in a digital, downloadable format and not shipped. All Products are solely for use on PC (Windows) and will not work on other platforms, such as Mac OS, Xbox or Linux distributions. Through the Store, you can browse and access Product pages and order these Products and their related content. The party that provides a Product to us for distribution is the "Publisher" of the Product. Most of the Products we make available through the Store are licensed to you by third-party Publishers. We may make some Products available via the Store at no charge and others for a price. From time to time, we may offer sales, give-aways and other promotions in the Store. We may modify or discontinue any of those promotions at any time without notice to you.
(10.1) All Product pages and descriptions displayed on the Store do not constitute a binding offer on the part of the Platform, but are merely a description and invitation which allow the User to submit a binding offer to purchase the described Product. It is our sole discretion at what price we display a Product to a User, and whether we display it at all.
(10.2) Upon receiving your offer to purchase a product listed on the Site, we will immediately undertake digital efforts to acquire a distribution copy from the Publisher. Upon successful resale of such copy to you, we will deliver the distribution copy in a digital format to be downloaded from your User account. There is no guarantee that all Products listed on the Site will be available, and you understand that in some cases we may or must decline an offer if we are unable to obtain a copy of the ordered product from the Publisher in a timely manner.
(10.3) Products may be sold to you by Bright Market, LLC dba FastSpring. In these cases, you are doing business with Bright Market, LLC dba FastSpring, Bright Market LLC dba FastSpring Limited and / or FastSpring B.V as an authorized reseller of software and other digital products ("Vendor"). We will inform you on the Product page if this is the case. In these cases, the Vendor is reselling the Product to you, while we solely act as a supplier of your purchased products. If you click on the "Buy now" or "Order" button on a Product's page, we will redirect you to the Vendors sales transaction website or form where you can complete the purchase. The Site is not party of any purchase agreement between the Vendor and you as a buyer.
(10.5) As soon as the Vendor notifies us via technical interface that the order has been placed and the payment for the order has been received in full, the Platform will provide you with the download of the ordered Products. Products will not be delivered until payment has been received in full and the Vendor reported the receipt of your payment to the Platform.
(10.5a) You may download and access the purchased Product for your personal, non-commercial use and it is not allowed to share these Products with others or to share your access to these Products in any way, including by copying the Product or sharing access to your Platform account. With the provision of the download or the digital delivery of your purchased products, all obligations under the purchase agreement are considered fulfilled. In all other respects, the End User License Agreements ("EULA") of the respective publishers shall apply to your use and licenses to the purchased products. Your further use of the Product is governed by the Publisher's EULA, as stated on each individual product page. Section 10.9 shall apply.
(10.6) You are responsible for ensuring before purchase that your device meets any minimum system requirements, including any requirement that we make available on the Product detail and showcase pages. For some Products, you will be required to input a license key we make available in order to install or activate the Product. You are responsible for any internet or other connection charges you may incur in connection with your download, access, and use of the Store and any Products, including any free trial versions.
(10.7) You understand that any obligation arising from the purchase contract is satisfied with the provision of the Products and, in particular, there is no right to free updates or future versions of the purchased Product.
(10.8) All Sales Final; Accessing and Risk of Loss. All purchases are final. We do not accept returns of Products unless indicated otherwise on the Products page or where required by law. Once you purchase a Product and we or the Publisher make the Product available to you, you are responsible for downloading and confirming your ability to access Products, including retrieving the license key for the Product if applicable, and bear all risk of loss after downloading the Product or retrieving the license key, including any loss due to a computer or hard drive malfunction. If you are unable to complete a download or access a Product, please contact the Site's customer service for assistance. We will usually continue making Products you have purchased available to you in your Site's account so that you can download additional copies of the Product and retrieve your license key (if applicable), but that is not always the case, and we may limit or disable further downloads of a Product due to licensing restrictions or for other reasons. The permanent provision of backup files, downloadable files, receipts and Product license keys in your account is a free service of X-Plane.to. There is no legal claim to this service, which can be discontinued at any time after delivery of the purchased Product. The customer is responsible for saving the delivered Product keys and / or downloaded files for future use.
(10.9) Separate Licenses to Use Products. Your use of a Product will be governed by the terms and conditions of an end user license agreement between you and the Publisher or other licensor of the Product (a "EULA"). If applicable, we will inform you about the EULA prior to purchase on the Products page. The Publisher or other licensor has the right to enforce the EULA against you. If you choose not to accept a EULA for a Product, you must not use that Product. X-Plane.to's Terms of Service do not amend or supersede any license or other agreement between you and the Publisher of a Product. X-Plane.to is not a party to the EULA for any Product. If you do not accept the Publisher's End User License Agreement, the Platform is not obliged to make Products available to you and you are not entitled to download or use the Products.
(10.9.1) If you receive a Product that is not accompanied by a EULA, then Publisher grants to you only a limited license to download, access and use the Product for personal purposes, and reserves all other rights, and you are not allowed to copy, modify, create a derivative work of, reverse engineer, reverse assemble, sell, assign, sublicense, distribute, rent, lease, grant a security interest in, or otherwise transfer any right in the Product; you agree that your license is limited, personal, single-user, non-transferable, non-commercial, and non-exclusive. The Products are protected by copyright and other intellectual property laws and treaties. Publishers or other licensors own the title, copyright and other intellectual property rights in the Products, and the Products are licensed, not sold.
(10.9.2) If we make Products available to you to use, access or download, you are solely entitled and allowed to download and access these Products for private, non-commercial purposes, and you are not authorized to distribute or reproduce the Products in any way. Your further usage of the Product is governed by the EULA issued by the Publisher of the Product.
(11) Compliance with Law. You will use the Store and Products in compliance with all applicable laws.
(11.1) It is the User's sole responsibility, especially if spam filters are used, to ensure that all e-mails sent by the Site or the Vendor commissioned by the Site with the order processing, including the Publisher of the Product, can be delivered.
(11.2) The Platform's customer support is limited to assistance with the use of the Platform, including websites, shopping carts, and order pages, and providing access to and/or delivery of Products. X-Plane.to is neither entitled nor obliged to provide warranty, maintenance, or other support services for the Product to the End Customer. All requests for such warranty, maintenance, or support services shall be forwarded to the Publisher in a timely manner. For this purpose, the Site will make best efforts to ensure that the End Customer can contact the Publisher of the Product to gain support.
(11.3) ALL SOFTWARES, DOWNLOADS AND FILES ARE PROVIDED BY THE COPYRIGHT HOLDERS, X-PLANE.TO, PUBLISHERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(11.4) X-Plane.to reserves the right to take legal action and to block all user accounts of the user if the user makes a refund that has not been agreed and approved in advance, for example by reversing payment transactions with his bank or a payment service provider.
(11.5) While X-Plane.to is not the seller of products, you may have a statutory right of withdrawal with the seller. This right of withdrawal may exist irrespective of the provisions set out in these terms. To exercise your statutory right of withdrawal, please refer to the seller from which you have purchased the Product, as shown on the purchase invoice.
If you use our platform as a consumer, the following applies to you:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. This right of withdrawal does not affect your other rights or your rights of withdrawal with the relevant seller of a product, which may apply separately. The cancellation period is fourteen days from the day the contract was concluded.
To exercise your right of withdrawal, you must by post, telephone or email by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model cancellation form, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you withdraw from this contract, we will owe you all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a different type of delivery than that offered by us , have chosen cheapest standard delivery), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged for this repayment.
If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount, which corresponds to the proportion of the up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract, services already provided compared to the total scope of services provided for in the contract.
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
- - To Sepehr Habashi, X-Plane.to, Winterhuder Weg 29, 7th floor 22085 Hamburg, Germany:
- - I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
- - Ordered on (*)
- - Name of consumer(s)
- - Address of consumer(s)
- - Signature of consumer(s) (only if notification is on paper)
- - Date
(*) Delete where not applicable.
Wenn Sie unsere Plattform als Verbraucher nutzen, gilt für Sie das folgende:
Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen. Dieses Widerrufsrecht berührt nicht ihre anderen Rechte oder ihre Widerrufsrechte mit dem jeweiligen Verkäufer eines Produkts, das eventuell gesondert gilt. Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag des Vertragsabschlusses.
Um Ihr Widerrufsrecht auszuüben, müssen Sie uns per Post, telefonisch oder per E-Mail mittels einer eindeutigen Erklärung (z. B. ein mit der Post versandter Brief, Telefax oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen, informieren. Sie können dafür das beigefügte Muster-Widerrufsformular verwenden, das jedoch nicht vorgeschrieben ist.
Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.
Folgen des Widerrufs
Wenn Sie diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet.
Haben Sie verlangt, dass die Dienstleistungen während der Widerrufsfrist beginnen sollen, so haben Sie uns einen angemessenen Betrag zu zahlen, der dem Anteil der bis zu dem Zeitpunkt, zu dem Sie uns von der Ausübung des Widerrufsrechts hinsichtlich dieses Vertrags unterrichten, bereits erbrachten Dienstleistungen im Vergleich zum Gesamtumfang der im Vertrag vorgesehenen Dienstleistungen entspricht.
(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.)
- – An Sepehr Habashi, X-Plane.to, Winterhuder Weg 29, 7. Stock 22085 Hamburg, Deutschland:
- – Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über die Erbringung der folgenden Dienstleistung (*)
- – Bestellt am (*)
- – Name des/der Verbraucher(s)
- – Anschrift des/der Verbraucher(s)
- – Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)
- – Datum
(*) Unzutreffendes streichen.
(11.6) If you exercise your statutory right of withdrawal, or if for any other reason a refund is to be granted to you, your right to delivery of your Products on this Platform will expire and you will no longer be allowed to use, download or hold copies of the initially purchased Products.
Terms of the X-Plane.to Creators Program
(C-1) This Section describes the terms and conditions for the Creators Program at X-Plane.to. Where this a conflict between the Website Terms and Conditions and the terms in this Section, these terms shall prevail. Please read these terms carefully before you opt-in to X-Plane.to Creators Program.
(C-2) The X-Plane.to Creators Program provides content creators at X-Plane.to the opportunity to “opt-in” in order to receive donations from other users through X-Plane.to, and rewards based upon certain metrics that X-Plane.to determines at its sole discretion. It is important to emphasize that donations made directly to the creators through platforms such as PayPal or Buy Me a Coffee are excluded from the scope of the Creators Program and these terms. The Creators Program is a selective program that requires an application process and is open only to approved Creators. For example, it allows users to buy credit on X-Plane.to, and then spend that credit on donations to Creators.
(C-3) In order to apply for the Creators Program, you must be at least 18 years of age and possess an active X-Plane.to account that has published at least three mods with a total download count of at least 10,000 downloads. This is only a basic guideline from which X-Plane.to may deviate at its sole discretion. There is no claim for inclusion in the X-Plane.to Creators Program. To make a mod eligible for our Creators Program, it must be opted-in through the Mod Reward management page. If you are a part of a team of mod creators, you may register on behalf of the team, but you will be solely responsible for dividing any earnings among your team members. We will not be involved in the distribution of earnings between team members.
(C-4) For a mod to be eligible for the Creators Program, it must meet one of the following requirements: (a) it must consist solely of your original work, (b) it must consist of your original work and / or assets that have been cleared for general commercialization, (c) it must consist of the above and/or assets that are not your original work and not licensed for general commercialization, but for which you have obtained explicit permission from the asset authors to use for such commercial use case.
(C-5) Earnings may be acquired in various ways, which are subject to change at the discretion of X-Plane.to, including, but not limited to: (1) unique downloads of your mods over a specified time frame; (2) a portion of credits from other users who choose to share with you; (3) participating in contests or promotions that offer Earnings as a reward; (4) engaging in other activities that allow such earnings. X-Plane.to has sole discretion over: (a) how Earnings are earned; (b) the amount of Earnings earned from each activity; and (c) the timing of the distribution of such Earnings, if any, to you. X-Plane.to reserves the right to add or remove methods of earning or to discontinue the Creators Program, for any reason or no reason at all.
(C-6) You acknowledge and agree that your participation in the Creators Program does not guarantee the earning anything. X-Plane.to makes no representations, warranties or guarantees that you will receive any Earnings through your participation in the Creators Program.
(C-7) To redeem your earnings, you must have a linked PayPal account in your X-Plane.to account and have sufficient Earnings to withdraw the specified amount. That means, your Earnings must at least exceed 25.00,- USD. Cash redemptions are only available in United States Dollars (USD($)) and can only be redeemed in whole numbers. The conversion of USD($) to your local currency will be handled by PayPal, and X-Plane.to will not be responsible for any fees incurred from PayPal's services. It is your responsibility to ensure that your PayPal email is entered correctly. If a PayPal withdrawal is unavailable due to PayPal's national or other restrictions, no alternative cash payout will be offered and your earnings will be refunded to your account. It is your sole responsibility to ensure that you have all the necessary requirements for withdrawal of earnings before joining the Creators Program. All payouts are considered final and are not refundable.
(C-8) Upon acceptance into the Creators Program, you are required to furnish us with personal information, including but not limited to your full name, address, country of residence, and tax identification number, if applicable. You represent and warrant to us that the information provided is current, accurate, and complete and agree to keep such information up to date during the course of your membership in the Creators Program. We reserve the right to verify the accuracy of the information against official documents, such as your identification or passport, and you agree to promptly provide us with proof of such information if requested.
(C-9) In accordance with applicable laws, any applicable tax rate shall be imposed on your payout. You are solely responsible for complying with all tax reporting requirements and for paying the appropriate tax to the relevant governmental entities in accordance with the law. You are required to consult a tax advisor if you are not sure or unsure about your tax responsibilities before you join the Creators Program. X-Plane.to will not be responsible or incur any liability related to taxes on payouts.
(C-10) Under no circumstances shall we be held accountable for any theft or loss of your earnings, even if your account has been compromised. If you are in violation of these terms or any terms applicable to the Website, or if you are in breach of contract, you will lose access to the Creators Program and all your earnings without compensation.
(C-11) The act of manipulating or exploiting the Creators Program system to gain an unfair advantage is strictly prohibited. X-Plane.to retains the right to exclude you from the system temporarily or permanently, or even terminate your account. Any actions taken with the intention of manipulating the system, such as using assets without permission to earn, repeatedly releasing minor updates for mods as separate mod pages to increase earnings, creating fraudulent accounts to boost unique downloads, or any other activities deemed to be an abuse of the system by X-Plane.to staff, will not be tolerated. The staff and moderation team have the discretion to determine if such actions violate the Terms of Service or rules of the Creators Program system.
(C-12) Please note that participation in the Creators Program system is a privilege and not a right. X-Plane.to reserves the right to modify, discontinue, or terminate the Creators Program at any time, with or without notice. In addition to your indemnification obligations set forth in the Terms of Service, you agree to indemnify, defend and hold X-Plane.to and related parties harmless from any claim, demand, damages, or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of any breach by you of these rules. X-Plane.to reserves the right to, with or without notifying you, temporarily or permanently exclude you or your mods from the Creators Program, and/or withhold or erase Earnings you may have already accumulated for acting in violation of these rules. X-Plane.to shall not be liable to you or any third-party for termination of your access to the Creators Program.
(C-13) X-Plane.to contributes to the Creators Program at its own discretion and you are not entitled to Earnings or rewards. The ability to earn through the Creators Program is a privilege we provide to you on a voluntary basis, and we do not guarantee the system to remain live for an indefinite amount of time or our contributions to the Creators Program to remain consistent.
(12) ALL CONTENT AND/OR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE WEBSITE HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. THE WEBSITE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. THE WEBSITE DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY X-PLANE.TO ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.
(12.1) THE USE OF THE WEBSITE, OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. X-PLANE.TO ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM X-PLANE.TO OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
(12.2) IN NO EVENT SHALL X-PLANE.TO OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE, OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE, AND SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(12.3) Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law and the exclusions above may not apply to you.
(12.4) You may not use the Website or Services for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website or Services. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services, or that interferes with any third party's use and enjoyment of the Website or Services. You agree that you will not use any third-party software that intercepts, "mines," or otherwise collects information from or through the Website or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by X-Plane.to to all users of the Website or Services. You shall not institute, assist, or become involved in an attack upon any Site server or otherwise attempt to disrupt the Site servers. SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, THE WEBSITE RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
(12.5) You hereby agree to indemnify and hold harmless X-Plane.to, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party (such as "Supported Resources"), including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of these Terms of Service.
(12.6) We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
(13) Each of the paragraphs of this Terms of Service operate separately. If any court or relevant authority decides that any of them are unlawful or not applicable, the remaining paragraphs will remain in full force and effect. The provision in question shall be replaced by another or by a legal provision that comes as close as possible to the intended purpose. The same applies in the event that this agreement contains an unintentional gap.
(13.1) If we do not insist immediately that you do anything you are required to do under this Terms of Service, or if we delay in taking steps against you in respect of your breaking of this Terms of Service, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
(13.2) Without prejudice to any other rights, these Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of X-Plane.to's trademarks, trade names, copyrights and other intellectual property. UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE WEBSITE OR SERVICES IN ANY WAY.
(13.3) If you want to terminate this legal agreement with us (i.e. these Terms of Service), you may do so by notifying X-Plane.to at any time in writing at [email protected] X-Plane.to reserves the right to terminate these Terms of Service with you at its own discretion at any time, upon notice, and without any liability to X-Plane.to. You are solely responsible for cancelling your User account.
(13.4) These terms are subject to German law and the parties agree to the exclusive jurisdiction of the German courts. The law of the Federal Republic of Germany shall apply exclusively to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The negotiating language is German.
(13.5) The exclusive place of jurisdiction for all disputes arising from this agreement and for all contractual obligations is the registered office of the Site, Germany. Nevertheless, the Site shall also have the right to bring an action against the User at another place of jurisdiction.
Last Updated: February 24, 2023