These terms govern your use of From Above 3D (the “Service”) and form the agreement between you and the operator of the Service. By using the Service you agree to these terms.
The Service is a 3D flight simulator that runs in a web browser. It is provided for entertainment.
Because the Service is digital content delivered immediately, we do not generally give refunds after payment. This does not affect any refund or remedy you are entitled to by law — see section 8. We will also refund or extend your access if a fault on our side left premium features unavailable for a significant part of a paid period.
If you breach these terms we may suspend or terminate your access. Where the law requires notice before we do so, we will give it.
Nothing in these terms excludes, restricts or modifies any guarantee, warranty, right or remedy that the law gives you and that cannot lawfully be excluded. In Australia this includes the consumer guarantees under the Australian Consumer Law; in New Zealand it includes the Consumer Guarantees Act 1993. Where such a right applies, it applies in full, and the rest of this section does not reduce it.
Subject to that: the Service is an entertainment simulator. It is not suitable for navigation or for any purpose that depends on positions, terrain or imagery being accurate or current. To the extent the law allows us to do so, we do not warrant that the Service will be accurate, complete or available, and we are not liable for loss arising from your use of, or inability to use, the Service.
Where our liability can be limited but not excluded, it is limited — at our option — to supplying the Service again, or to refunding what you paid for the Service in the twelve months before the claim arose.
Ownership of the Service and the restriction on copying it are set out in the Privacy Policy and Disclaimer.
We may update these terms. We will give advance notice of material changes — including any price change — by a reasonable method, such as a notice inside the Service. A price change never applies to a subscription you have already started without your agreement.
These terms are governed by the laws of Japan, and the courts of Japan have non-exclusive jurisdiction over disputes arising from them.
This does not take away rights you have as a consumer. If you live in a country whose consumer protection laws give you rights that cannot be contracted out of — including the right to bring proceedings in your own country — those laws and that right still apply to you, and this section does not override them.
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