Terms of use

SIMBYM Proprietary Rights

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.

Enterprise/Retail and or Personal Information: Information submitted to SIMBYM through forms/contact or in any other form on the Web Sites or Materials is governed according to SIMBYM Privacy Policy.

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 you will not use the Web Sites or Material for any purpose that is unlawful or prohibited by these Terms of Use. You may not:

• Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• Use the Web Sites, Materials, Services or activities to "stalk" or otherwise harass or harm another;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Web Sites or Materials;
• Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Impersonate any person or entity, including, but not limited to, a SIMBYM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity or collect or store personal data about other users in connection with the prohibited conduct and activities;
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• You may not use the Web Site or Materials in any manner that could damage, disable, overburden, or impair any SIMBYM server, or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Web Site or Materials or interfere with any other party's use and enjoyment of the Web Sites or Materials;
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Upload, post, email, transmit or otherwise make available any content that infringes any copyright, trademark, patent, trade secret, Intellectual property or other proprietary rights ("Rights") of any party;
• You may not attempt to gain unauthorized access to any Web Site or Material, other accounts, computer systems or networks connected to any SIMBYM server or Materials, through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Sites or Materials;
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Govt. or Non Govt. entities. any rules of any national or International Govt. or non Govt. entities and any regulations having the force of law; and/or
• Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

SIMBYM Termination

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.

SIMBYM Copyright Permission

The copyright of SIMBYM in all content, Blog, News released by SIMBYM and all connected sites is owned by SIMBYM Use is authorized for editorial (news media) purposes only and subject to the SIMBYM Web Terms of Use. To request permission to use content outside of editorial purposes please submit your request in written letter to SIMBYM, and without prior request and approval by the concerned authority of SIMBYM one is not authorized to use or publish.

Limitation of Liability

The Enterprise expressly understand and agree that SIMBYM shall not be liable to you for:

• In no event shall SIMBYM be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or gains, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of any software, Documents, Provision of or Failure to provide services, or information available from the SIMBYM website or product.
• Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of any reliance placed by you on the completeness, accuracy or existence of any content, or any changes SIMBYM may make to the Services, Documents, Website, Product, Content or for any permanent or temporary cessation in the provision of the Web site or any features within the websites; or if applicable, your failure to keep your password or account details secure and confidential;
• These limitations of liability on SIMBYM shall apply whether or not advised by SIMBYM of or should have been aware of the possibility of any such losses.

Indemnification: You agree to indemnify and hold SIMBYM and its officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Web Sites or Materials, your use of the Web Sites or Materials, your connection to the Web Sites or Materials, your violation of these Terms of Use or site specific Terms of Use, or your violation of any rights of another.

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.

SIMBYM Content Related Notices
Ownership:

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.

Third Party Content:

Web Sites and Materials may contain user or third party submitted content; such content is not reviewed, approved or endorsed by SIMBYM and is provided solely as a convenience to our customers and users. Under no circumstances will SIMBYM be liable in any way for any third party submitted or provided content, including, but not limited to, any errors or omissions, or damages of any kind. Any material downloaded or otherwise obtained through the use of the materials is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. By your use you agree that you must evaluate, and bear all risks associated with, the use of any third party content, including any reliance on the accuracy, completeness, or usefulness of such content. All postings and use of the Web Sites or Material are subject to these Terms of Use and any other program and site specific terms.

Notice Specific to SIMBYM Software

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.

The Digital Millennium Copyright Act (DMCA)

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

Dealing With Advertisers

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.

Links

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.

Disclaimer of Warranties

You expressly understand and agree that:

• Your use of the service is at your sole risk. the service is provided on an "as is" and "as available" basis. SIMBYM expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
• Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
• No advice or information, whether oral or written, obtained by you from SIMBYM or through or from the service shall create any warranty not expressly stated in the TOS.

Force Majeure

• SIMBYM will not be liable for any loss or damage or be deemed to be in breach of this contract due to any event or circumstance beyond its reasonable control, including war, invasion, electrical shortages, Nuclear explosions, terrorist attacks, earthquakes, or any and all, acts of God.

Unsolicited Idea Submission Policy

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.

General

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.

SIMBYM may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular Web Sites or Materials.

SIMBYM Corporation, All rights reserved. SIMBYM Corporation, Info@Simbym.com CA 91311-8617, USA. Terms of Use version 60002015.