SIMBYM may provide activity or program specific Terms of Service, for example when SIMBYM provides modules, data visualization, interactive Materials and/or enables user generated Content. If so, to the extent that these Terms do not conflict with the program specific Terms of Service, the Terms herein remain in full force and effect.
SIMBYM'S innovation is embodied in its Intellectual Property, including Patents, Trademarks, and Copyrights. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SIMBYM, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Member Account, Password, and Security: SIMBYM may, from time to time, host a program or activity specific site that may require you to establish a new member account and/or new site password. Primarily for security reasons. In such cases, you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SIMBYM immediately of any unauthorized use of your account or any other breach of security here. SIMBYM will not be liable for any loss that you may incur as a result of someone else using your user ID, password or account details, either with or without your knowledge. However, you could be held liable for losses incurred by SIMBYM or another party due to someone else using your user ID, account or password. You may not use anyone else's account/user ID or password at any time.
Enterprise Use: This Web Site is for Enterprise use. Unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials or any Intellectual property Materials of SIMBYM.
You may not use or facilitate the use of this site or any Materials in connection with any infringement analysis concerning SIMBYM products. By your use of this site or any Materials, you agree to grant SIMBYM a non-exclusive, royalty-free license to any patent claim thereafter drafted which includes subject matter disclosed on this site.No Unlawful or Prohibited Use:
You agree that SIMBYM, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if SIMBYM believes that you have violated or acted inconsistently with the letter or spirit of the TOS. SIMBYM may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that SIMBYM may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SIMBYM shall not be liable to you or any third-party for any termination of your access to the Service.
The Enterprise expressly understand and agree that SIMBYM shall not be liable to you for:
Accuracy and Completeness: SIMBYM does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Web Sites or Materials.
Changes and Updates: SIMBYM reserves the right to modify or discontinue, temporarily or permanently, Web Sites or Materials (or any part thereof) with or without notice. SIMBYM may make changes to Web Sites or Materials, or to the products described therein, at any time without notice. SIMBYM makes no commitment to update the Web Sites or Materials.
You acknowledge and agree that SIMBYM owns all legal rights, title and interest in and to the Materials and Web Sites, including any SIMBYM logos, trademarks, trade names, domain names, and other distinctive brand features therein (whether those rights happen to be registered or not, and wherever in the world those rights may exist and apply), and that they are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way without SIMBYM's prior written permission. Except as expressly provided herein, SIMBYM does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information.
Any SIMBYM software that is made available to download from the SIMBYM server ("Software") is the copyrighted work of SIMBYM Use of the Software is governed by the terms of the Enterprise/end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). Enterprise or an end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software is made available for download solely for use by Enterprise or end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, coping or reproduction of SIMBYM software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software by SIMBYM The Software is warranted, if at all, only according to the terms of the License Agreement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent..SIMBYM contact Info@Simbym.com
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service/website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SIMBYM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service or website.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SIMBYM has no control over such sites and resources, you acknowledge and agree that SIMBYM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SIMBYM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You expressly understand and agree that:
SIMBYM OR ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SIMBYM PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SIMBYM. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SIMBYM OR ANYONE AT SIMBYM. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SIMBYM MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
User access to this Web Site is governed by all applicable federal, state and local laws. All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.
SIMBYM makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
These Terms constitute the entire agreement between you and SIMBYM Corporation and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between you and SIMBYM shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the State. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
In the case of any violation of these rules and regulations, SIMBYM reserves the right to seek all remedies available by law and in equity for such violations.