Terms of Service

These Terms of Service govern access to and use of the Virtual Royal Canadian Air Force public website, the LEAF personnel and operations platform, and related digital services. They establish the limited membership and platform-use agreement between RCAFv and applicants or members, while preserving rights that cannot lawfully be waived.

1. Purpose, Scope, and Acceptance

1.1. Covered Platform

These Terms apply to the public website at www.rcafv.org, the LEAF web application at pilots.rcafv.org, and any other RCAFv-operated website, application, account, form, portal, integration, or digital service that links to or expressly incorporates these Terms (collectively, the “Platform”).

1.2. Users Covered

These Terms apply to applicants, members, former members who retain access to a service, authorized staff, and other individuals who create an account or affirmatively accept the Terms. Public visitors are subject to the provisions that reasonably govern access to public pages, intellectual property, acceptable use, disclaimers, and applicable law, even where no account is created.

1.3. Acceptance

An individual accepts these Terms by selecting the presented acceptance control and giving affirmative electronic assent. Acceptance is enforced and recorded server-side, including the individual’s member or applicant identifier, the document and version accepted, the date and time of acceptance, and the method of assent. Existing members are prevented from completing login until they acknowledge the current version when acknowledgment is required. A person who does not agree shall not submit an application, create or use an account, or access nonpublic portions of the Platform.

Mere access to a publicly available page does not by itself make a visitor an RCAFv member. Membership begins only after acceptance under the applicable enrollment process and an affirmative appointment or enrollment action by RCAFv.

1.4. Authority and Capacity to Accept

A person accepting these Terms represents that they are at least sixteen years of age, have the legal capacity to accept these Terms for themselves, and are not acting for another individual. RCAFv does not provide a parental or guardian authorization workflow for applicants under sixteen, and no person may accept these Terms for another individual unless RCAFv expressly authorizes the arrangement and applicable law permits it.

1.5. Related Instruments and Precedence

These Terms shall be read with the RCAFv Privacy Policy, the LEAF System of Records Notice (SORN), the Personnel Manual (PERSMAN), the Commander’s Disciplinary Guide (CDG), the Standard Organization and Regulations Manual (SORM), the Operations Manual, and other duly issued orders or instructions applicable to the user’s role or activity.

Applicable law controls over every RCAFv instrument. For privacy matters, the Privacy Policy controls the public description of processing and statutory rights, while the SORN governs internal records administration. These Terms control access to and use of the Platform. The PERSMAN, CDG, SORM, Operations Manual, and other orders govern internal membership, personnel, discipline, and operational matters. VATSIM policies control use of the VATSIM network and RCAFv’s status as a Virtual Special Operations Association.

1.6. Simulation-Only Notice

RCAFv is a volunteer flight-simulation community. It is not affiliated with, endorsed by, or in any way connected to the Government of Canada, the Department of National Defence, the Canadian Armed Forces, or the real-world Royal Canadian Air Force. RCAFv ranks, appointments, qualifications, orders, missions, and records confer no real-world military status, authority, credential, or employment right.

2. Organization and Membership Relationship

2.1. Volunteer and Non-Commercial Organization

The Virtual Royal Canadian Air Force (RCAFv) is a Florida-based unincorporated voluntary association operated primarily by volunteers for simulation, education, and community participation. Unless RCAFv expressly states otherwise in a separate written agreement, the Platform and membership are provided without a membership fee and without compensation to members or staff.

2.2. Limited Membership Agreement

These Terms create a limited agreement governing application processing, membership administration, and Platform use. They do not create employment, military service, a partnership, a joint venture, an agency relationship, a fiduciary relationship, or authority to bind RCAFv, VATSIM, or any third party.

2.3. No Vested Right in Status or Appointment

Membership, rank, qualification, appointment, command, access level, assignment, retirement status, award eligibility, and participation in a mission or event are organizational privileges governed by applicable RCAFv and VATSIM rules. Except for procedures expressly granted by those rules or by applicable law, they do not constitute property, employment, or contractual rights to continued status.

2.4. VATSIM Relationship

RCAFv participates in the VATSIM network as a Virtual Special Operations Association or successor category recognized by VATSIM. RCAFv does not operate or control VATSIM. Each user remains separately bound by VATSIM’s terms, Code of Conduct, policies, disciplinary processes, naming requirements, and network decisions.

2.5. Official Authority

Only an official acting within delegated RCAFv authority may make a commitment on behalf of RCAFv. Informal statements by a member, instructor, commander, developer, or community moderator do not amend these Terms or bind RCAFv unless formally issued or confirmed by an authorized official.

3. Eligibility and Applications

3.1. Minimum Eligibility

An applicant for membership or a member account shall:

• (a) be at least sixteen years of age and have the capacity or required authorization to accept these Terms;
• (b) hold and maintain a valid VATSIM Certificate Identification number (CID) in good standing, except where RCAFv expressly permits limited visitor access without a CID;
• (c) lawfully possess or have authorized access to each simulator, aircraft, add-on, chart, document, or other software required for the requested training or activity;
• (d) meet the applicable enrollment, conduct, training, and technical requirements established by VATSIM and RCAFv; and
• (e) provide complete, accurate, current, and non-misleading application information.

3.2. Application Review

Submission of an application does not guarantee admission. RCAFv may verify information through VATSIM, assess the applicant under published criteria, request clarification, administer examinations or evaluations, and decline or close an application in accordance with the PERSMAN and applicable law.

3.3. No Duplicate or Proxy Applications

An applicant shall not submit an application for another person, create multiple accounts to evade an eligibility or disciplinary determination, use another person’s CID or identity, or misrepresent a prior RCAFv or VATSIM affiliation. Duplicate or fraudulent accounts may be restricted while the matter is investigated.

3.4. Continuing Eligibility

Eligibility is continuing. A member shall promptly notify the appropriate RCAFv office of a material change affecting their VATSIM account, identity information, required software access, legal capacity, or ability to satisfy a mandatory membership condition. RCAFv may periodically reverify eligibility.

3.5. Recognition of Prior Learning and Experience

Any credit for prior VSOA qualifications, real-world aviation experience, military aviation experience, or other learning is discretionary and subject to the applicable training rules. Submission of such information does not guarantee a waiver, qualification, rank, or appointment.

3.6. Reapplication and Reinstatement

A former member or unsuccessful applicant may reapply only as permitted by the PERSMAN, the applicable release or disciplinary decision, VATSIM requirements, and any continuing eligibility restriction. Prior records may be considered and retained as described in the Privacy Policy and SORN.

4. Accounts, Credentials, and Access

4.1. Individual Accounts

Each account is personal to the individual to whom it is issued. Accounts, credentials, sessions, access tokens, authentication codes, and recovery methods shall not be sold, transferred, loaned, or shared.

4.2. Credential Security

A user shall select and maintain secure credentials, use available security features, and protect devices and email accounts used to access LEAF. A user is responsible for activity performed through their account to the extent it results from their action, omission, or failure to use reasonable security, subject to applicable law.

4.3. Unauthorized Access and Reporting

A suspected compromise, unauthorized access, mistaken disclosure, or loss of control over an account shall be reported without undue delay to security@rcafv.org. Privacy-rights concerns shall be directed to privacy@rcafv.org. RCAFv may temporarily restrict an account, reset credentials, invalidate sessions, or require additional verification while investigating.

4.4. Role-Based Access

Access to nonpublic information and functions is limited by role, assignment, purpose, and need to know. The appearance of a technical capability does not authorize its use. A user shall not access, view, search, export, alter, or disclose a record unless the access is necessary for an assigned RCAFv duty and permitted by the SORN or another controlling instrument.

4.5. Access Changes

RCAFv may add, modify, suspend, or remove access permissions when a user’s role, assignment, membership status, security posture, or operational need changes. Users shall not attempt to retain or restore permissions after authority has ended.

4.6. Account and Audit Records

The Platform may record account creation, acceptance version, authentication events, access attempts, permission changes, record views, exports, submissions, administrative actions, and other audit information. Such records are governed by the Privacy Policy and SORN and may be used for security, accountability, troubleshooting, and investigation.

5. Acceptable Use

5.1. General Standard

The Platform shall be used only for lawful, authorized, and appropriate RCAFv purposes. A user shall comply with these Terms, applicable law, VATSIM rules, RCAFv orders and manuals, reasonable technical instructions, and the rights of other persons.

5.2. Prohibited Conduct

A user shall not, directly or through another person or automated system:

• (a) obtain or attempt to obtain access to an account, record, function, database, server, integration, or administrative area without authorization;
• (b) bypass, disable, probe, defeat, or interfere with authentication, authorization, rate limits, logging, encryption, security controls, or technical restrictions;
• (c) introduce malware, malicious code, destructive content, credential-harvesting material, denial-of-service traffic, or any mechanism intended to damage or disrupt the Platform or another system;
• (d) scan, test, exploit, or publicly disclose a suspected vulnerability except through an authorized security-testing or responsible-disclosure process;
• (e) scrape, crawl, harvest, mine, index, bulk-download, or systematically copy nonpublic information, including for data brokerage, profiling, model training, or creation of an external directory, without written authorization;
• (f) collect, use, or disclose another person’s personal information beyond the user’s assigned authority and legitimate RCAFv purpose;
• (g) impersonate another person, misrepresent an identity, CID, qualification, appointment, affiliation, or authority, or create a deceptive account or record;
• (h) alter, fabricate, suppress, or destroy an official record, audit entry, evaluation, flight record, disciplinary record, application response, or other material information without authority;
• (i) submit content that is unlawful, threatening, harassing, discriminatory, defamatory, fraudulent, sexually exploitative, malicious, or intended to intimidate or abuse another person;
• (j) publish, transmit, or upload classified real-world information, unlawfully obtained information, personal data without authority, copyrighted material without permission, or material prohibited by VATSIM or RCAFv policy;
• (k) use the Platform to promote or coordinate real-world political, religious, violent, extremist, criminal, or military objectives, or to simulate activities prohibited by VATSIM;
• (l) use RCAFv systems, records, contacts, or marks for unauthorized advertising, fundraising, solicitation, commercial activity, recruitment for another organization, or private advantage;
• (m) send spam, excessive automated requests, or communications that unreasonably burden the Platform or interfere with another user;
• (n) reverse engineer, decompile, disassemble, or attempt to derive source code or protected technical information, except to the extent such restriction is prohibited by applicable law; or
• (o) assist, encourage, conceal, or knowingly permit another person to engage in prohibited conduct.

5.3. Authorized Security Research

No security testing is authorized unless RCAFv has issued written scope and conditions. A good-faith report made without exploitation, persistence, unnecessary access, public disclosure, or harm will be handled under the applicable vulnerability process, but this provision does not authorize testing that would otherwise violate law or VATSIM policy.

5.4. Personal Screenshots, Streams, and Public Display

A member may create reasonable non-commercial screenshots or streams of public-facing or personally controlled simulation activity, subject to VATSIM and RCAFv media rules. Nonpublic member records, protected communications, discipline material, security information, personal data, and administrative interfaces shall not be displayed without authority. RCAFv may require removal or redaction of material that violates these Terms or another person’s rights.

6. Member Responsibilities and Organizational Conduct

6.1. Compliance with Governing Rules

Members shall comply with the VATSIM Code of Conduct and policies, these Terms, the PERSMAN, CDG, SORM, Operations Manual, applicable training manuals, and duly issued RCAFv orders or instructions. Where a rule applies only to a particular role, unit, qualification, or operation, the member is responsible for determining and following the applicable rule.

6.2. Accuracy and Cooperation

Members shall keep required identity, CID, contact, qualification, and assignment information current; respond truthfully to authorized administrative inquiries; and cooperate with legitimate audits, evaluations, safety reviews, security investigations, and records-correction processes. This duty does not require waiver of a right granted by applicable law or an RCAFv disciplinary procedure.

6.3. Official Submissions

An application, flight report, mission report, evaluation, self-assessment, request, rebuttal, appeal, nomination, statement, or other official submission shall be accurate to the best of the submitter’s knowledge and shall not omit a material fact in a misleading manner. The submitter shall identify estimates, simulations, or uncertain information where relevant.

6.4. Decorum and Respect

Members shall maintain professional decorum in RCAFv communications and activities and shall respect VATSIM members, partner organizations, staff, applicants, and the public. Rank or appointment shall not be used to harass, retaliate, obtain private advantage, or claim real-world authority.

6.5. Confidential and Restricted Information

A member who receives nonpublic information through an RCAFv role shall use it only for the authorized purpose, protect it from unauthorized disclosure, and return or securely dispose of local copies when the purpose ends. Confidentiality duties continue after transfer, release, retirement, or termination of access.

6.6. Vulnerability and Incident Reporting

Members shall promptly report a suspected security vulnerability, data breach, unauthorized disclosure, compromised credential, or material Platform malfunction through the designated channel. Reports shall be made responsibly and shall not be used as a basis for public exploitation or unnecessary access.

7. Platform Operation and Electronic Communications

7.1. Service Availability

RCAFv may maintain, modify, replace, limit, or discontinue a Platform function. Scheduled or emergency maintenance, volunteer availability, provider outages, security events, software changes, and other circumstances may interrupt access. RCAFv does not guarantee continuous availability or preservation of a particular interface or feature.

7.2. Electronic Communications

RCAFv may provide notices, decisions, orders, records, and other communications through LEAF, the email address associated with an account, the public website, or another officially designated channel. Members shall maintain a working email address and review official LEAF notifications. A communication is not invalid solely because it was delivered electronically, subject to any specific service requirement in an RCAFv procedure or applicable law.

7.3. Electronic Records and Signatures

An electronic acknowledgment, submission, approval, signature control, timestamp, audit entry, or system-generated record may be used as evidence of the associated action. RCAFv may require additional identity verification or a signed document for a particular transaction.

7.4. Official Record Status

LEAF is the authoritative system of record for the personnel and operational matters designated in the SORN and applicable manuals. If an apparent conflict exists between LEAF and a duly issued decision or signed order, the responsible office shall review and correct the record. Users shall not rely on an obvious error to claim a benefit or authority.

7.5. Automated Functions and Human Review

The Platform may calculate activity, eligibility, currency, workflow status, reminders, or recommendations. LEAF also performs identity-verified email-address corrections and approval of leave requests of 0-44 days under PERSMAN section 7.2.3.1. Neither routine process produces a legal or similarly significant adverse effect. Material personnel, qualification, disciplinary, release, and reapplication decisions remain subject to authorized human review. A user shall report a suspected calculation or data error through the appropriate process.

7.6. System Messages and Delivery Failures

RCAFv will use reasonable methods to deliver important notices but cannot guarantee receipt where a user provides incorrect contact information, blocks delivery, loses access to an external provider, or fails to review the account. RCAFv may use an alternate official method where a message is returned or a legal or procedural rule requires another form of service.

8. VATSIM and Public Participation Requirements

8.1. Separate VATSIM Obligations

Use of the VATSIM network is governed by VATSIM. RCAFv membership does not alter, replace, or excuse the user’s individual obligations to VATSIM. A user shall maintain an appropriate network identity and comply with VATSIM instructions while connected to the network or participating in a VATSIM-related event.

8.2. Consequences of VATSIM Violations

Applicants and members are advised that violations of VATSIM regulations or the VATSIM Code of Conduct may result in substantial consequences imposed by VATSIM, including temporary suspension or permanent removal of an individual from the network. Repeated or serious member violations may also affect RCAFv’s VSOA status, authorized activities, or continued relationship with VATSIM. RCAFv may take corresponding internal action where authorized by its governing rules.

8.3. Public Active-Pilot Roster

VATSIM requires RCAFv to maintain a publicly accessible roster of active pilots showing, at minimum, each active pilot’s VATSIM CID, subject to the current VATSIM policy. A member seeking or retaining active pilot status acknowledges this operational requirement. Additional fields may be displayed only as described in the Privacy Policy and SORN.

8.4. Objection to Roster Processing

A member may exercise any applicable privacy right to object to a particular public field. RCAFv will evaluate the request under the Privacy Policy and applicable law. If RCAFv cannot lawfully or operationally publish information required by VATSIM, the member may be unable to remain in active pilot status, but RCAFv will consider any available less intrusive status or accommodation.

8.5. Restricted Activities and Approved Scope

A member shall conduct only activities authorized for RCAFv by VATSIM and supported by the member’s qualification, current RCAFv operational documents, and any restriction published by RCAFv or VATSIM. The existence of an aircraft, mission type, system capability, or real-world counterpart does not itself authorize the activity.

8.6. Audits, Training Evidence, and PRAMS

RCAFv may retain and provide to VATSIM the records reasonably required for VSOA oversight, audit, training verification, M-Rating administration, PRAMS, investigation, or compliance. Such processing is governed by the Privacy Policy and SORN.

8.7. Independent VATSIM Decisions

RCAFv cannot promise or control the availability of the VATSIM network, issuance or retention of a VATSIM rating, resolution of a VATSIM complaint, or any disciplinary or policy decision made by VATSIM. Internal RCAFv review does not bind VATSIM, and a VATSIM decision does not automatically determine every internal RCAFv matter unless an applicable rule so provides.

9. Member-Submitted Content

9.1. Ownership

As between the submitting user and RCAFv, the user retains any intellectual-property rights they lawfully hold in original content submitted to the Platform, subject to the license granted in these Terms and any rights of third parties.

9.2. Administrative License

By submitting content, the user grants RCAFv a non-exclusive, worldwide, royalty-free license, with the right to permit approved service providers to act on RCAFv’s behalf, to host, store, reproduce, format, transmit, review, annotate, display, and otherwise use the content as reasonably necessary to operate the Platform; administer applications, membership, training, operations, awards, personnel actions, discipline, reviews, and appeals; satisfy VATSIM requirements; protect security and integrity; and comply with law and the retention schedule.

The license lasts for the period the content is required for those purposes and the retention period stated in the Privacy Policy or SORN. It does not authorize RCAFv to sell the content or use it for unrelated advertising.

9.3. Public Content

Where a user intentionally submits content to a field identified as public, or where an applicable RCAFv process provides for publication of an award citation, leadership biography, event report, roster field, flight display, or comparable record, the license includes public display for that stated purpose. RCAFv shall apply the minimization and objection rules in the Privacy Policy and SORN.

9.4. User Representations

A user submitting content represents that they have the right to submit it and to grant the license above; that the content is not knowingly false, unlawful, malicious, or infringing; and that any personal information about another person is included only with authority and for a legitimate RCAFv purpose.

9.5. Review and Removal

RCAFv may review, restrict, redact, correct, archive, or remove content where reasonably necessary to enforce these Terms, protect privacy or security, comply with law or VATSIM policy, preserve an official record, or maintain the integrity of the Platform. RCAFv is not required to pre-screen all content.

9.6. Feedback

Ideas, suggestions, or feedback submitted without a separate confidentiality agreement may be used by RCAFv without compensation or an obligation to implement them. This provision does not transfer ownership of a member’s unrelated original work or personal data.

10. RCAFv Content, Marks, and Software

10.1. Protected Material

The Platform, LEAF software, databases, layouts, manuals, forms, graphics, insignia, badges, names, marks, and RCAFv-created content are owned by RCAFv or used under license, except where otherwise identified. Third-party material remains subject to the rights of its owner.

10.2. Limited Use License

While authorized to use the Platform, a user receives a limited, personal, revocable, non-exclusive, non-transferable license to access and use RCAFv content solely for authorized RCAFv participation. No ownership interest is transferred.

10.3. Names, Marks, and Insignia

RCAFv names, logos, insignia, badges, and organizational marks shall be used only as authorized by the SORM, Awards, Decorations, and Insignia Manual, communications guidance, or written permission. A user shall not imply endorsement, real-world military status, or authority to speak for RCAFv, VATSIM, or a government entity.

10.4. Reproduction and Distribution

Except where an item is expressly designated for public distribution, a user shall not reproduce, republish, sell, license, alter, create a derivative work from, or distribute protected Platform content outside the authorized RCAFv purpose without permission. This restriction does not limit fair dealing, fair use, quotation, interoperability, or another right that cannot lawfully be restricted.

10.5. Open-Source and Third-Party Licenses

Software or content identified as open source or third-party licensed is governed by the applicable license. Those license terms control to the extent they conflict with this Section for the relevant component.

10.6. Copyright and Rights Reports

A person who reasonably believes that content on the Platform infringes their rights may submit a report through the published legal contact identifying the material, the claimed right, the basis of the claim, and contact information sufficient for review. RCAFv may remove or restrict material while the claim is evaluated.

11. Third-Party Services, Integrations, and Links

11.1. External Services

The Platform may link to, embed, communicate with, or rely on services operated by others, including VATSIM, Discord, email providers, hosting providers, CAPTCHA or security services, content-delivery services, mapping or flight-data services, and flight-simulation software providers. Those services are not controlled by RCAFv unless expressly stated.

11.2. Separate Terms and Privacy Practices

Use of a third-party service may be subject to that provider’s own terms, privacy notice, account rules, charges, and availability. The user is responsible for reviewing those conditions. A link or integration does not, by itself, constitute an endorsement or warranty.

11.3. Data Exchanges

Where the Platform exchanges personal information with VATSIM, a service provider, or a partner organization, the purposes, categories, safeguards, and rights are governed by the Privacy Policy and SORN. Nothing in this Section authorizes a disclosure outside those instruments.

11.4. Third-Party Availability and Changes

RCAFv is not responsible for a third party’s outage, security incident, policy change, account suspension, data loss, content, or decision. RCAFv may change or discontinue an integration when necessary for security, compliance, functionality, or provider availability.

12. Privacy and Records Governance

12.1. Privacy Policy

RCAFv’s collection, use, disclosure, retention, security, and international transfer of personal information are described in the Privacy Policy maintained on the main public website. The Privacy Policy is incorporated into these Terms for notice and coordination, but these Terms do not reduce a right granted by applicable privacy law.

12.2. Acknowledgment and Lawful Bases

By accepting these Terms, an applicant or member acknowledges the data practices necessary to evaluate the application, create and secure an account, administer the membership relationship, comply with VATSIM requirements, and operate the Platform. This acknowledgment is not represented as consent under privacy law where RCAFv relies on another lawful basis. Consent will be requested separately where it is the appropriate basis for optional processing.

12.3. LEAF System of Records Notice

The SORN is an internal RCAFv governance instrument that defines LEAF record categories, authorized access, disclosures, retention, individual request handling, and security responsibilities. It may impose controls stricter than these Terms. The SORN is not a statutory government system-of-records notice and does not itself waive or replace a right under applicable law.

12.4. Required Information

Certain information is required to verify eligibility, establish an account, maintain security, administer qualifications or personnel actions, meet VATSIM obligations, or provide a requested service. Failure to provide required information may prevent application processing, active pilot status, access to a function, award of a qualification, or continued membership where no reasonable alternative is available.

12.5. Public Information

The public Active Pilot Roster displays each eligible on-duty or approved-leave pilot’s VATSIM CID, virtual rank, approved service-display name consisting of first initial and surname, assigned CFC operational identifier, and service-status category. A separate Retired List displays the corresponding limited fields and retired status for members formally retired under the Personnel Manual. Other public information is governed by the Privacy Policy. A field shall not be public merely because it is visible to an authenticated member or authorized staff user.

12.6. Individual Rights and Complaints

Requests for access, correction, deletion, restriction, objection, portability, or complaint review shall be handled under the Privacy Policy, SORN, and applicable law. A contractual provision, internal appeal, or command decision shall not prevent an individual from contacting a competent supervisory authority, regulator, or court where the law provides that right.

12.7. Security Limitations

RCAFv uses reasonable technical and organizational safeguards but no internet service can guarantee absolute security. Users shall follow the account-security obligations in Section 4 and report incidents promptly.

13. Suspension, Restriction, Release, and Termination

13.1. Immediate Technical Restriction

RCAFv may immediately restrict an account or function, without prior notice where notice would increase risk, when reasonably necessary to address suspected compromise, unauthorized access, abuse, a security vulnerability, a threat to records or service availability, legal compliance, provider requirements, or urgent protection of another person. The restriction shall be no broader or longer than reasonably necessary and shall be reviewed by an authorized official.

13.2. Personnel and Disciplinary Action

A technical restriction is distinct from a personnel sanction or release action. Suspension, discipline, involuntary release, loss of qualification, or other adverse membership action shall be taken under the PERSMAN, CDG, applicable operational rules, or VATSIM action, including any notice, rebuttal, hearing, or review right provided by those instruments.

13.3. Eligibility and VATSIM Restrictions

RCAFv may restrict Platform functions or active duties when a user no longer meets eligibility requirements, loses required VATSIM standing, becomes subject to an applicable network restriction, or lacks a required qualification. Where practicable, the user will be informed of the basis and available internal process.

13.4. Voluntary Cessation and Resignation

A user may stop using the Platform at any time. Stopping use does not itself complete resignation, release, retirement, or another personnel action. A member seeking formal separation shall use the process established by the PERSMAN or an authorized alternative when LEAF access is unavailable.

13.5. Effect of Termination or Release

When access or membership ends, the user shall cease using nonpublic Platform functions and return or securely dispose of RCAFv information as directed. Public roster status shall be updated in accordance with VATSIM requirements and the Privacy Policy. RCAFv may retain records, continue a pending process, preserve evidence, and enforce a continuing restriction as authorized by the Privacy Policy, SORN, and applicable rules.

13.6. Restoration of Access

Restoration of access after a security restriction, suspension, release, or other termination is not automatic. It may require identity verification, remediation, reinstatement, reapplication, retraining, or satisfaction of another condition established by the applicable decision or policy.

13.7. Survival

Provisions concerning confidentiality, records, intellectual property, member-submitted content, disclaimers, liability, disputes, and any obligation that by its nature should continue shall survive termination for the period necessary to give them effect.

14. Disclaimers

14.1. As-Is and As-Available Service

To the fullest extent permitted by applicable law, the Platform is provided on an “as is” and “as available” basis. RCAFv disclaims implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, accuracy, and uninterrupted or error-free operation to the extent those warranties may lawfully be disclaimed.

14.2. Volunteer Operation

The Platform is operated primarily by volunteers on a best-efforts basis. RCAFv does not warrant that a request, application, evaluation, correction, support inquiry, or other action will be completed within a particular time unless an applicable rule or law establishes a deadline.

14.3. No Real-World Aviation or Safety Use

RCAFv content, qualifications, missions, calculations, briefings, and training are for entertainment and simulation. They are not approved for real-world aviation, navigation, military, emergency, medical, legal, safety-critical, or operational decision-making. A user shall rely on authorized real-world sources and qualified professionals for those purposes.

14.4. No Guarantee of Outcome or Status

RCAFv does not guarantee admission, rank, promotion, appointment, qualification, mission assignment, award, event participation, VATSIM rating, M-Rating, currency status, or uninterrupted membership. Decisions remain subject to applicable criteria, available resources, human review, VATSIM requirements, and organizational needs.

14.5. Records and Information

RCAFv seeks to maintain accurate records but does not warrant that every item is complete or free from error at all times. Available correction and review procedures are the appropriate means to address a suspected error.

14.6. Jurisdictional Limitations

Some jurisdictions do not permit particular warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted, and any mandatory warranty or remedy remains available.

15. Limitation of Liability and User Responsibility

15.1. Excluded Categories of Damage

To the fullest extent permitted by applicable law, RCAFv and its authorized officers, volunteers, developers, administrators, and representatives shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; loss of opportunity, reputation, goodwill, data, or anticipated benefit; or interruption of simulation or community activity arising from the Platform or membership relationship, even if the possibility of such loss was known.

15.2. Direct Loss and Causation

Any liability that cannot be excluded is limited to loss directly caused by the act or omission giving rise to the claim and reasonably foreseeable in the circumstances, subject to any mandatory remedy under applicable law.

15.3. Matters Not Excluded

Nothing in these Terms excludes or limits liability to the extent exclusion is prohibited, including liability for fraud or fraudulent misrepresentation, willful misconduct, gross negligence where it cannot be limited, death or personal injury caused by negligence where applicable law prohibits limitation, or a nonwaivable data-protection, consumer, or statutory right.

15.4. Third-Party and VATSIM Actions

RCAFv is not liable for an independent act, omission, outage, suspension, decision, content item, or data practice of VATSIM or another third party, except to the extent RCAFv is legally responsible for its own selection, instruction, disclosure, or conduct.

15.5. User-Caused Loss

A user is responsible, to the extent permitted by law, for direct loss reasonably caused by the user’s intentional, fraudulent, malicious, or knowingly unauthorized use of the Platform. RCAFv will not seek indemnification for ordinary good-faith participation or the exercise of a statutory right.

16. Disputes, Complaints, Governing Law, and Forum

16.1. Internal Membership Matters

A dispute concerning an RCAFv appointment, evaluation, qualification, personnel action, discipline matter, or other internal membership decision should ordinarily be raised through the review, appeal, rebuttal, complaint, or chain-of-command process established by the controlling RCAFv instrument. A user is not required to pursue an inapplicable process or delay urgent protection of a legal right.

16.2. Platform and Administrative Concerns

A concern about account access, a technical restriction, acceptable use, records, or administration should first be submitted through the contact or review mechanism identified in the relevant notice. RCAFv will attempt a good-faith resolution appropriate to the nature and urgency of the issue.

16.3. Privacy and Regulatory Rights Preserved

Nothing in these Terms prevents a person from submitting a privacy request, lodging a complaint with a competent supervisory authority or regulator, reporting unlawful conduct, seeking emergency relief, or bringing a claim before a court with lawful jurisdiction where such rights are provided by applicable law.

16.4. Governing Law

Subject to mandatory laws that apply regardless of contractual choice, these Terms and any dispute arising from them are governed by the laws of the State of Florida, without regard to conflict-of-laws principles.

16.5. Non-Exclusive Forum

Subject to a user’s nonwaivable right to proceed elsewhere, the state and federal courts located in Florida are a non-exclusive forum for a dispute not resolved through an applicable internal process. RCAFv does not require private arbitration under these Terms unless the parties separately agree after a dispute arises.

16.6. Informal Resolution Does Not Waive Rights

Participation in an internal or informal resolution process does not waive a limitation period, regulatory complaint, judicial remedy, or other right unless a valid written settlement expressly provides otherwise and the right may lawfully be waived.

17. Changes to These Terms

17.1. Authority to Amend

RCAFv may amend these Terms to reflect changes in law, VATSIM policy, organizational structure, Platform functionality, security requirements, or membership administration. The effective date, version, and revision summary shall be updated when a revision is issued.

17.2. Notice

Material changes shall be published on the main website and communicated to active account holders through LEAF, email, or another official channel before they take effect, unless an urgent legal or security change requires earlier effect. The notice shall identify the effective date and provide access to the revised Terms.

17.3. Affirmative Acknowledgment

RCAFv shall require affirmative acknowledgment through LEAF or another recorded process for a material change that significantly alters member obligations, public disclosure, dispute terms, or the basis of the membership relationship, where reasonably practicable or required by law. Minor, technical, clarifying, or non-adverse changes may take effect after notice without a new click-through acceptance.

17.4. Declining Revised Terms

A user who does not accept a revision requiring affirmative acknowledgment shall cease using the affected nonpublic service. RCAFv will provide the available resignation, release, account-closure, or alternate process, subject to retention of records and completion of pending matters as authorized by the Privacy Policy, SORN, and applicable rules.

17.5. No Retroactive Elimination of Accrued Rights

A revision does not retroactively eliminate a right or remedy that accrued before its effective date where applicable law prohibits that result. Archived versions shall be retained for accountability and interpretation.

18. General Provisions

18.1. Entire Agreement for Platform Use

These Terms, the acceptance record, and any document expressly incorporated for a specific transaction constitute the agreement governing Platform access and the limited membership relationship. Informal statements, promotional material, forum posts, chat messages, or prior drafts do not amend that agreement.

18.2. Internal Rules Not Converted into General Contractual Guarantees

The PERSMAN, CDG, SORM, SORN, Operations Manual, training manuals, and RCAFv orders establish internal governance, procedures, and standards. Their incorporation for compliance does not convert every policy statement into an independent contractual warranty or private cause of action. Any procedural right expressly granted by an applicable instrument remains enforceable within the process that instrument provides, subject to applicable law.

18.3. Severability and Reformation

If a provision is held unlawful, invalid, or unenforceable, it shall be enforced to the maximum lawful extent or, where permitted, interpreted narrowly to reflect its purpose. The remaining provisions remain in effect unless the invalid provision is essential to the agreement and cannot reasonably be severed.

18.4. No Waiver

A failure or delay in enforcing a provision is not a waiver. A waiver is effective only for the specific matter and only when given by an authorized RCAFv official in writing. A waiver of one breach is not a waiver of a later breach.

18.5. Assignment and Organizational Succession

A user may not assign or transfer an account, membership, or rights under these Terms without written authorization. RCAFv may transfer administration of the Platform or these Terms to a lawful organizational successor that assumes the relevant privacy and records obligations, subject to required notice and applicable law.

18.6. Force Majeure

RCAFv is not responsible for delay or failure caused by circumstances beyond its reasonable control, including provider outages, internet disruption, cyberattack, natural disaster, governmental action, VATSIM interruption, loss of volunteer availability, or failure of essential third-party services, provided that RCAFv takes reasonable steps to mitigate the effect where practicable.

18.7. No Third-Party Beneficiaries

Except where applicable law provides otherwise or these Terms expressly state, no person other than the accepting user and RCAFv has a right to enforce these Terms. This provision does not affect the rights of VATSIM or a content owner under their own terms or law.

18.8. Headings and Interpretation

Headings are for convenience and do not limit a provision. “Including” means “including without limitation.” A reference to a policy includes a duly issued successor version. Singular and plural terms include each other where the context requires.

18.9. Language

The authoritative version of these Terms is the English version, except where applicable law requires another result. A translation is provided for convenience unless expressly designated as authoritative.

18.10. Contact

Questions about these Terms, legal notices, and rights reports may be directed to:

Virtual Royal Canadian Air Force
Legal notices and questions about these Terms: legal@rcafv.org
Privacy questions and rights requests: privacy@rcafv.org
Security incidents and vulnerability reports: security@rcafv.org
Public website: https://www.rcafv.org

Privacy requests and complaints should use the contact method stated in the Privacy Policy. Security vulnerabilities should be reported through the published security channel rather than a public forum.