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Please read this carefully. The following terms and conditions
constitute a binding agreement between you and SIMID. By using the
SIMID web site ("Site") and/or downloading any content or
activating your account (as defined below), you agree to be bound
by and comply with this Site Usage Agreement ("Agreement"). If you
do not wish to be bound by this Agreement, do not use this Site.
This agreement contains important information regarding your legal
rights, remedies and obligations, including various limitations of
liability and exclusions, your indemnification obligation and a
dispute resolution clause that governs how disputes will be
resolved. SIMID reserves the right to change this Agreement from
time to time at its sole discretion, and your use of the Site will
be subject to the most current version posted on the Site at the
time of your use. If you are acting within the scope of your
employment as an employee, contractor, or agent of another party,
you warrant that such party has full knowledge of your actions and
has consented thereto.
Permitted Use of this Site
This Site is owned and operated by SIMID. All contents
furnished by SIMID hereunder, including related text, articles, or
information (collectively referred to as "Content"), is owned by
SIMID or our licensors and is protected by international copyright
laws and other intellectual property rights.
For the protection of SIMID and its licensors, content may be
visibly, invisibly, or electronically watermarked. Such technology
may permit online crawling or tracking of content obtained
from SIMID and/or other methods of protecting, monitoring, or
tracking the unauthorized use of the content. If you do not consent
to SIMID use of these systems, do not use the Site or any Content
found therein. You may not remove any copyright or other
proprietary notices contained in the Content, caption information,
or any other material on this Site. Additionally, unless authorized
by SIMID in writing, you may not: Your use of this Site and any
Content shall comply with all applicable law. SIMID reserves the
right, in its sole discretion, to revoke your authorization to
view, download and use the Content and information available on the
Site at any time and for any reason, with or without notice to you
of such revocation, and you agree to immediately discontinue such
use upon notice from SIMID. Unauthorized use of Content constitutes
infringement of copyright and other applicable rights and shall
entitle SIMID to exercise all rights and remedies under applicable
copyright and other laws despite our efforts to provide accurate
information, this Site may contain technical or other mistakes,
inaccuracies or typographical errors.
Privacy
SIMID Privacy Policy applies to use of this Site, and its
terms and conditions are made part of this Agreement by reference.
Please consult SIMID Privacy Policy for specific information on
SIMID policies for use of your personal information.
Registering for a SIMID Account
Registration with SIMID grants you certain privileges. In applying
for a SIMID account, you agree to furnish true and accurate
information. SIMID reserves sole discretion over whether to grant
you an account, and you agree to access the authorized sections of
the Site and your account only by using the account supplied to you
by SIMID. You are responsible for maintaining the confidentiality
of your account, if applicable, and you shall not distribute this
access information or allow others to use this access information
to gain access to this Site. You agree to take reasonable steps to
prevent others from obtaining your access information and to notify
SIMID of any unauthorized access or need to update or remove access
for any of your employees or agents. You shall be liable for
payment for all Content downloaded by others using your account,
with or without your permission or knowledge prior to the time that
you notify SIMID of any unauthorized use. You acknowledge and agree
that you are responsible for damages and repercussions resulting
from all uses of your account, whether actually or expressly
authorized by you. You further acknowledge and agree that you will
be responsible for each and every access, use or enjoyment of the
Content that occurs in conjunction with the account and password
given to you by SIMID, and that SIMID is authorized to accept the
account information and password as conclusive evidence that you
have accessed and/or utilized the Content. If you suspect you are
being impersonated, contact us immediately. SIMID reserves the
right to disclose any information, including registration data, in
order to comply with any applicable laws and/or government requests
for the protection of SIMID and its members. SIMID cannot and will
not be liable for any loss or damage arising from your failure to
follow these obligations. You agree that you shall not acquire any
rights of use, ownership, or bailment as a result of using any
SIMID account or Site or related services.
Usage
You may not copy, distribute, publish, display, sublicense, make
available, or otherwise use in any way the material outside the
scope of this Agreement. To access full text articles, you must
register for a SIMID account. SIMID may immediately terminate any
licenses granted to you without notice if you fail to comply with
any provision of this agreement or with the SIMID Content License
Agreement applicable to your use. If a license is terminated, you
agree to immediately stop using this Site.
SIMID Trademarks
You may not use the trademarks or service marks of SIMID without
SIMID prior written consent. Other product and company names
mentioned on the Site are trademarks of their respective
owners.
Disclaimers and Limitation of Liability
SIMID provides you with the site and content on an "as
is" and "as available" basis without any warranties of any kind.
You understand and agree that the use of the content is at your
sole risk. SIMID makes no representations with respect to any
content, including products, services and software and, to the
maximum extent allowed by applicable law, disclaims all
representations, warranties, guarantees and conditions of any kind,
express and implied, regarding the content (including products,
services and software), including without limitation, all
representations, warranties, guarantees or conditions regarding
accuracy, timeliness, completeness, correctness, availability,
effectiveness, non-infringement, security, privacy, title,
usefulness, suitability, quality, merchantability or fitness for
any particular purpose. Further, SIMID makes no representation,
warranty or guarantee that the content (including products,
services and software) will be satisfactory to your needs, meet
your expectations, or be uninterrupted, timely, accurate, secure or
free from errors. Except for any liability which cannot by law be
excluded or limited, SIMID nor any licensor or licensee shall
be liable to you or any other third party claiming through you for
indirect, incidental, special, punitive, statutory or consequential
damages arising out of, or relating to, this agreement, content or
this site, and your rights under any provision of this agreement,
including, without limitation, your use or inability to use the
content or this site, whether framed as a breach of warranty of
merchantability, title, non-infringement, or fitness for a
particular purpose, in tort, contract, failure of essential
purpose, or otherwise. SIMID, its affiliates, agents, licensors,
suppliers, or their respective directors or employees, shall not be
liable to you or any third party for damage or loss of any kind
arising out of or relating to the use of, or the inability to use,
the site or any content (including products, services and software)
provided therein, or arising out of or relating to the use of any
site linked hereto and/or events beyond the reasonable control of
SIMID, including viruses, failed or undelivered messages, the
corruption of data, transmission errors, internet service
providers, links to and third party sites and third party content,
including, but not limited to, any lost profits, lost
opportunities, special, incidental, indirect, punitive, exemplary,
aggravated, economic or consequential damage, even if SIMID is
advised of the possibility of such damage or loss or of a claim by
another party. Although SIMID takes precautions to protect personal
and confidential information, there is no guarantee, and SIMID
makes no representation or warranty, that personal and confidential
information transmitted to or from or stored on the site, or
transmitted over the internet generally, will be maintained
confidential and secure. SIMID assumes no liability or
responsibility pertaining to the receipt, storage, transmission or
other use of personal or confidential information provided by you
to SIMID, unless otherwise provided in a written agreement between
you and SIMID. SIMID, its affiliates, agents, licensors, suppliers,
and their respective directors and employees cumulative total
liability for any damage or loss that you may suffer from any cause
whatsoever (including without limitation breach of contract, tort,
negligence, gross negligence, or otherwise) shall be limited to the
amount, if any, paid by you to SIMID immediately preceding the
time that the damages or loss first occurred. You acknowledge that
simid pricing reflects this allocation of risk and the limitation
of liability specified in this agreement.
Third Party Links
As a convenience, our Site may link to other sites that may be of
interest to you but are not under SIMID control. These links do not
imply endorsement by SIMID and we are not responsible for the
availability of or the content contained in any linked site.
Notification of Copyright Infringement
SIMID may terminate the accounts of users who infringe
the intellectual property rights of others.
Choice of Law / Jurisdiction / Attorneys' Fees
Any dispute regarding this Agreement shall be governed by the laws
of Switzerland. The parties agree to accept the exclusive
jurisdiction of the state and federal courts located in Lugano,
Switzerland, regardless of conflicts of laws. This Agreement shall
not be governed by the United Nations Convention on Contracts for
the International Sale of Goods, the application of which is
expressly disclaimed. The parties hereto confirm that it is their
wish that this Agreement, as well as any other documents relating
hereto, including notices, has been and shall be written in the
English language In any dispute between SIMID and you, SIMID shall
be entitled to recover its reasonable attorneys' fees, legal expert
fees, and other legal expenses from you.
Miscellaneous
You acknowledge that you have read this Agreement and understand
it, and agree to be bound by all its terms and conditions. This
Agreement (along with SIMID Privacy Policy) constitutes the entire
agreement between the parties with respect to the subject matter
hereof and merges all prior and contemporaneous communications. No
action of SIMID, other than the express or written waiver or
amendment, may be construed as a waiver or amendment of this
Agreement. This Agreement shall not be modified except by a written
agreement signed by duly authorized representatives of SIMID,
provided that no purchase order or similar document issued by you
shall modify this Agreement, even if signed by SIMID. If any
provision of this Agreement is found invalid or unenforceable, the
remainder of this Agreement shall remain valid and enforceable
according to its terms. The parties intend that the provisions of
this Agreement be enforced to the fullest extent permitted by
applicable law. Accordingly, the parties agree that if any
provisions are deemed not enforceable, they shall be deemed
modified to the extent necessary to make them enforceable and in
such manner as comes closest to the intentions of the parties to
this Agreement as is possible. This Agreement will inure to the
benefit of and be binding upon the parties, their successors and
assigns, except that you may not assign or transfer this Agreement
without SIMID prior written consent.
User Acknowledgements
You acknowledge and agree that inherent in the procurement,
compiling, collecting, interpreting, reporting, communicating,
delivering and inputting digitally of the Content, there will be a
degree of error which cannot be avoided even with standards of
quality control which exceed industry standards. You further
acknowledge that Third Party Content and User Content are provided
by third parties and that SIMID cannot control such Content.
The following constitute violations of this Agreement and may
result in immediate termination or suspension of your account:
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any use of the Site or any Content for illegal purposes, or in
support of illegal activities. SIMID reserves the right to
cooperate with legal authorities and/or injured third parties in
the investigation of any suspected crime or civil wrongdoing |
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transmitting any material (by e-mail, uploading, posting or
otherwise) that threatens or encourages bodily harm or destruction
of property, or that harasses another |
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making commercial use of any SIMID content, including offering
to sell or selling goods or services, adding, removing or modifying
identifying network header information in an effort to deceive or
mislead, or attempting to impersonate any person by using forged
headers or other identifying information |
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transmitting any unsolicited commercial or unsolicited bulk
e-mail, or malicious intent to impede another person's use of
electronic mail services or news, or forging any message header, in
part or whole, of any electronic transmission, originating or
passing through the SIMID service |
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accessing, or to attempt to access, the accounts of others, or
to penetrate, or attempt to penetrate, security measures of SIMID
or another entity's computer software or hardware, electronic
communications system, or telecommunications system, whether or not
the intrusion results in the corruption or loss of data |
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transmitting any material (by e-mail, uploading, posting or
otherwise) that infringes any copyright, trademark, patent or other
proprietary rights of any third party, including, but not limited
to, the unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines, books,
or other copyrighted sources, and the unauthorized transmittal of
copyrighted software |
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reselling or giving away free access to SIMID services or
resources. |
Restricted Access
You agree that you will not attempt to enter restricted areas of
SIMID computer system or perform functions that you are not
authorized to perform pursuant to this Agreement. SIMID may,
without notice, temporarily or permanently suspend your access to
the Site and the Content by deactivating your account or password
if SIMID reasonably suspects that you are using the account or
password to obtain unauthorized access to SIMID other systems or
information, or are using the account or password in any other
inappropriate manner. These suspensions will be for a period of
time necessary to permit the thorough investigation of such
suspended activity. SIMID may terminate this Agreement immediately
without notice if it is determined that you have undertaken such
unauthorized activity or if such unusual activity cannot be
reasonably explained.
Termination of this Agreement
This Agreement is effective until terminated by SIMID, in its sole
and absolute discretion. SIMID may terminate this Agreement with or
without notice to you and will do so if you use or attempt to use
the Site or the Content therein in any manner contrary to the terms
of this Agreement. Any such termination by SIMID shall be in
addition to and without prejudice to such rights and remedies as
may be available to SIMID, including the suspension or termination
of your account or password and injunctive relief enjoining such
acts or attempts, it being acknowledged by you that other legal
remedies are inadequate. The, Disclaimer of Warranties, Limitation
of Liability, Indemnification, Termination and Choice of Law
provisions of this Agreement shall survive the termination or
expiry of this Agreement.
International Users
The Site is controlled, operated, and administered by SIMID from
its offices in Switzerland. The Site can be accessed from
countries around the world and may contain references to Content,
including products and services, that are not available in your
country. These references do not imply that SIMID intends to
market, promote, or distribute such Content, including products and
services, in your country. If you access the Site from a location
outside Switzerland, you are responsible for compliance with all
local laws.
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