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| Terms of Service |
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| 1. |
BY ACCESSING, BROWSING AND/OR USING OUR WEB SITE AND/OR SERVICES POSTED ON THE WEB SITE, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT WEB SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR WEB SITE OR ANY SERVICES WE PROVIDE
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| 2. |
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. |
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| 3. |
You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Simploos (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Simploos or by the owners of that Content, in a separate agreement. |
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| 4. |
Simploos reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Simploos may provide tools to filter out explicit sexual content. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. |
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| 5. |
You agree that you are solely responsible for (and that Simploos has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Simploos may suffer) by doing so. |
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| 6. |
Simploos may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on the home page. Your continued use of our Site following the posting of changes constitutes your acceptance of any such changes. You can review the most current version of this Agreement here. Please check this page from time to time for current terms of use. |
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| 7. |
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Simploos Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of Simploos or the copyright holder identified in the relevant copyright notice. |
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| 8. |
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of Simploos’s content or under any third party’s content. Any rights not expressly granted herein are reserved. |
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| 9. |
If you choose to forward content from the Site via email through our Services, you agree that you will only forward such content to willing recipients known to you and that you will not use such Services for engaging in spam or other unauthorized conduct.
You may not send automated queries of any sort to our site without express advance written permission from Simploos. |
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| 10. |
You understand that by using the Simploos Services, you may be exposed to Postings that are offensive, indecent or objectionable. Under no circumstances will Simploos be liable in any way for any Postings, including, but not limited to, for any errors, omissions or misrepresentations in any Postings, or for any loss or damage of any kind incurred as a result of the use of, or arising from, any Postings. |
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| 11. |
If you do choose to post content on our Site, please do not do so unless you understand that your Postings will be available publicly. You should not assume that you are anonymous online and cannot be identified by your Postings. You agree that all of your Postings will comply with the requirements of this Agreement. |
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| 12. |
Access to certain Simploos Services may require you to choose a user name (or nickname), email and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify Simploos immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. Simploos cannot and will not be liable for any loss or damage arising from your failure to comply with this section. |
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| 13. |
A central part of the Simploos Services includes links to other World Wide Web sites or resources. Because Simploos has no control over such sites and resources, you acknowledge and agree that Simploos 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 Simploos shall not be responsible or liable, directly or indirectly, for any damage or loss 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. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Simploos has no control and which will govern your rights and obligations with respect to the use of those Web sites. |
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| 14. |
Your dealings with advertisers and third party vendors found on or through the Simploos Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Simploos does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that Simploos will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Simploos has no control and which will govern your rights and obligations with respect to the use of those Web sites. |
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| 15. |
Simploos reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Simploos Services (or any part thereof) with or without notice. You agree that Simploos will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Simploos Services. |
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| 16. |
You agree that Simploos, in its sole discretion, may terminate your access to any of the Simploos Services, and/or remove, discard or modify any Postings or content within the Service, for any reason, including, without limitation, for lack of use or if Simploos believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Simploos Services may be effected without prior notice, and acknowledge and agree that Simploos 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 Simploos Services. If you use the Site in violation of this Agreement, Simploos may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that Simploos shall not be liable to you or any third party for the discontinuation or termination of your access to the Simploos Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages. |
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Information Disclaimer and Disclaimer of Warranties
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| BY USING Simploos SERVICES YOU UNDERSTAND AND AGREE THAT: |
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| 1.
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Simploos SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. SIMPLOOS AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITE. |
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| 2. |
YOUR USE OF THE SIMPLOOS SERVICES IS AT YOUR SOLE RISK. THE SIMPLOOS SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIMPLOOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. |
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| 3. |
SIMPLOOS MAKES NO REPRESENTATION OR WARRANTY THAT SIMPLOOS SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SIMPLOOA SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SIMPLOOS SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH SIMPLOOS SERVICES WILL MEET YOUR NEEDS. |
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| 4. |
ANY MATERIAL OBTAINED THROUGH THE USE OF SIMPLOOS SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. |
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| 5. |
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM THE SIMPLOOS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS. |
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| Limitation Of Liability |
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YOU UNDERSTAND AND AGREE THAT SIMPLOOS IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, SIMPLOOS SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITE, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR SIMPLOOS SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT SIMPLOOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL SIMPLOOS’S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. |
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| Indemnification of Simploos |
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You agree to indemnify and hold Simploos, its subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Postings or other content you submit or that are submitted from your account, (b) your use of or reliance on Simploos Services, (c) your connection to our Site, (d) your violation of this Agreement, or (e) your violation of any rights of another party. |
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| Trademark Notices |
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Simploos is a registered trademark and the Simploos logo are trademarks of Simploos, LLC. All rights reserved. All other trademarks and logos on this site are the property of their respective owners. |
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| Images |
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The images referenced, made accessible or made available to you on the Site or by means of the Simploos Services are protected by the copyright and trademark laws of the United States and other countries. Although you are permitted to locate and access the images through Simploos Services, you may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not Simploos. Simploos cannot give you authorization to use the copyrighted images. Simploos cannot guarantee that a search will not locate unintended or objectionable content and Simploos accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the Ask services, or for your use of such content.
data. Neither Simploos nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You agree not to redistribute the data found herein. |
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| No Other Agreements Between Us |
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With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and Simploos for governing your use of our Site and Services and supersedes any prior agreements between you and Simploos for that purpose, including any membership agreements or other similar agreements applying to our service. |
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