A.
By using and/or visiting this
website (collectively, including all content and functionality available
through the SimInsights.com domain name, the "SimInsights Website",
or "Website"), you signify your agreement to (1) these terms and
conditions (the "Terms of Service"), (2)SimInsights’ privacy
notice, found at http://www.siminsights.com/legal/privacy.jsp and
incorporated here by reference, and (3) SimInsights’ Community
Guidelines, found at http://www.siminsights.com/legal/community_guidelines.jsp and
also incorporated here by reference. If you do not agree to any of these terms,
the SimInsights privacy notices, or the Community Guidelines, please do not use
the SimInsights Website.
B.
Although we may attempt to
notify you when major changes are made to these Terms of Service, you should
periodically review the most up-to-date version http://www.siminsights.com/legal/terms.jsp).
SimInsights may, in its sole discretion, modify or revise these Terms of
Service and policies at any time, and you agree to be bound by such
modifications or revisions. Nothing in this Agreement shall be deemed to confer
any third-party rights or benefits.
A.
These Terms of Service apply to
all users of the SimInsights Website, including
users who are also contributors of simulation content, video content,
information, text, images and other materials or services on the Website. The SimInsights Website includes all
aspects of SimInsights, including but not
limited to all products, software and services offered via the website such as
SimNewton, the SimInsights "Embeddable Viewer," and other
applications.
B.
The SimInsights
Website
may contain links to third party websites that are not owned or controlled by SimInsights. SimInsights
has
no control over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. In addition, SimInsights will not and cannot
censor or edit the content of any third-party site. By using the Website, you
expressly relieve SimInsights from any and all
liability arising from your use of any third-party website.
C.
Accordingly, we encourage you to
be aware when you leave the SimInsights Website and to read the terms and
conditions and privacy policy of each other website that you visit.
A.
In order to access some features
of the Website, you will have to use your email id and password from gmail,
yahoo or other services. You may never use another's account without
permission. When creating your account, you must provide accurate and complete
information. You are solely responsible for the activity that occurs on your
account, and you must keep your account password secure. You must notify SimInsights immediately of any
breach of security or unauthorized use of your account.
B.
Although SimInsights will not be liable for
your losses caused by any unauthorized use of your account, you may be liable
for the losses of SimInsights or others due to such
unauthorized use.
C.
You are being provided a free
trial for the period of six months. Following that period, you will be required
to renew your account per the terms and conditions in effect at that future
time.
SimInsights hereby grants you permission to
access and use the Website as set forth in these Terms of Service, provided
that:
A.
You agree not to distribute in
any medium any part of the Website, including but not limited to User
Submissions (defined below), without SimInsights’
prior written authorization.
B.
You agree not to alter or modify
any part of the Website, including but not limited to SimInsights
Embeddable Player or any of its related technologies.
C.
You agree not to access User
Submissions (defined below) or SimInsights
Content
through any technology or means other than the Website itself, the SimInsights Embeddable Viewer, or
other explicitly authorized means SimInsights
may
designate.
D.
You agree not to use the
Website, including the SimInsights
Embeddable Viewer for any commercial use, without the prior written authorization
of SimInsights. Prohibited commercial
uses include any of the following actions taken without SimInsights’ express approval:
§ sale
of access to the Website or its related services (such as the Embeddable
Viewer) on another website;
§ use
of the Website or its related services (such as the Embeddable Viewer), for the primary purpose of
gaining advertising or subscription revenue;
§ the
sale of advertising, on the SimInsights
website
or any third-party website, targeted to the content of specific User Submissions
or SimInsights content;
and any use of the Website or
its related services (such as the Embeddable viewer) that SimInsights finds, in its sole
discretion, to use SimInsights’ resources
or User Submissions with the effect of competing with or displacing the market
for SimInsights, SimInsights content, or its User
Submissions.
Prohibited commercial uses do
not include:
§ using
the Embeddable Viewer to show SimInsights simulations on an ad-enabled blog or
website, provided the primary purpose of using the Embeddable Viewer is not to
gain advertising revenue or compete with SimInsights;
§ any use that SimInsights expressly
authorizes in writing.
If you use the SimInsights Embeddable Viewer on
your website, you must include a prominent link back to the SimInsights website on the pages
containing the Embeddable Viewer and you may not modify, build upon, or block
any portion of the Embeddable Viewer in
any way.
You agree not to use or launch
any automated system, including without limitation, "robots,"
"spiders," or "offline readers," that accesses the Website
in a manner that sends more request messages to the SimInsights
servers
in a given period of time than a human can reasonably produce in the same
period by using a conventional on-line web browser. Notwithstanding the
foregoing, SimInsights grants the operators of
public search engines permission to use spiders to copy materials from the site
for the sole purpose of and solely to the extent necessary for creating
publicly available searchable indices of the materials, but not caches or
archives of such materials. SimInsights
reserves the right to revoke these exceptions either generally or in specific
cases. You agree not to collect or harvest any personally identifiable
information, including account names, from the Website, nor to use the
communication systems provided by the Website (e.g. comments, email) for any
commercial solicitation purposes. You agree not to solicit, for commercial
purposes, any users of the Website with respect to their User Submissions.
In your use of the website, you
will otherwise comply with the terms and conditions of these Terms of Service, SimInsights Community Guidelines,
and all applicable local, national, and international laws and regulations.
SimInsights
reserves
the right to discontinue any aspect of the SimInsights
Website
at any time.
In
addition to the general restrictions above, the following restrictions and
conditions apply specifically to your use of content on the SimInsights Website.
A.
The content on the SimInsights Website, except all User
Submissions (as defined below), including without limitation, the text,
software, scripts, graphics, photos, sounds, music, videos, simulations,
interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are owned by or
licensed to SimInsights, subject to copyright
and other intellectual property rights under the law. Content on the Website is
provided to you AS IS for your information and personal use only and may not be
downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever
without the prior written consent of the respective owners. SimInsights reserves all rights not
expressly granted in and to the Website and the Content.
B.
You may access User Submissions
for your information and personal use solely as intended through the provided
functionality of the SimInsights
Website. You shall not copy or download any User Submission unless you see a
“download” or similar link displayed by SimInsights on
the SimInsights Website for that User
Submission.
C.
User Comments are made available
to you for your information and personal use solely as intended through the
normal functionality of the SimInsights
Website. User Comments are made available "as is", and may not be
used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold,
licensed, downloaded, or otherwise exploited in any manner not intended by the
normal functionality of the SimInsights
Website or otherwise as prohibited under this Agreement.
D.
You may access SimInsights Content, User Submissions and
other content only as permitted under this Agreement. SimInsights
reserves all rights not expressly granted in and to the SimInsights Content and the SimInsights Website.
E.
You agree to not engage in the
use, copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, or distribution of User
Submissions of third parties obtained through the Website for any commercial
purposes.
F.
You agree not to circumvent,
disable or otherwise interfere with security-related features of the SimInsights Website or features that
prevent or restrict use or copying of any Content or enforce limitations on use
of the SimInsights Website or the Content
therein.
G.
You understand that when using
the SimInsights Website, you will be
exposed to User Submissions from a variety of sources, and that SimInsights is not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or relating to
such User Submissions. You further understand and acknowledge that you may be
exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against SimInsights
with respect thereto, and agree to indemnify and hold SimInsights,
its Owners/Operators, affiliates, and/or licensors, harmless to the fullest
extent allowed by law regarding all matters related to your use of the site.
A.
As a SimInsights
account holder you may create simulation content, embed image and video content
and submit textual content ("User Comments"). User created
simulations, user embedded images and Videos and User Comments are collectively
referred to as "User Submissions." You understand that whether or not
such User Submissions are published, SimInsights
does not guarantee any confidentiality with respect to any User Submissions.
B.
You shall be solely responsible
for your own User Submissions and the consequences of posting or publishing
them. In connection with User Submissions, you affirm, represent, and/or
warrant that: you own or have the necessary licenses, rights, consents, and
permissions to use and authorize SimInsights to
use all patent, trademark, trade secret, copyright or other proprietary rights
in and to any and all User Submissions to enable inclusion and use of the User
Submissions in the manner contemplated by the Website and these Terms of
Service.
C.
For clarity, you retain all of
your ownership rights in your User Submissions. However, by submitting User Submissions
to SimInsights, you hereby grant SimInsights a worldwide, non-exclusive,
royalty-free, sub-licensable and transferable license to use, reproduce,
distribute, prepare derivative works of, display, and perform the User
Submissions in connection with the SimInsights
Website and SimInsights’
(and its successors' and affiliates') business, including without limitation
for promoting and redistributing part or all of the SimInsights
Website (and derivative works thereof) in any media formats and through any
media channels. You also hereby grant each user of the SimInsights
Website a non-exclusive license to access your User Submissions through the
Website, and to use, reproduce, distribute, display and perform such User
Submissions as permitted through the functionality of the Website and under
these Terms of Service. The above licenses granted by you in User Simulations
terminate within a commercially reasonable time after you remove or delete your
User Simulations from the SimInsights
Website. You understand and agree, however, that SimInsights
may retain, but not display, distribute, or perform, server copies of User
Submissions that have been removed or deleted. The above licenses granted by
you in User Comments are perpetual and irrevocable.
D.
In connection with User
Submissions, you further agree that you will not submit material that is
copyrighted, protected by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights, unless you are the
owner of such rights or have permission from their rightful owner to post the
material and to grant SimInsights
all of the license rights granted herein.
E.
You further agree that you will
not, in connection with User Submissions, submit material that is contrary to
the SimInsights Community Guidelines,
found at http://www.siminsights.com/legal/community_guidelines.jsp,
which may be updated from time to time, or contrary to applicable local,
national, and international laws and regulations.
F.
SimInsights
does not endorse any User Submission or any opinion, recommendation, or advice
expressed therein, and SimInsights
expressly disclaims any and all liability in connection with User Submissions. SimInsights does not permit copyright
infringing activities and infringement of intellectual property rights on its
Website, and SimInsights will remove all Content
and User Submissions if properly notified that such Content or User Submission
infringes on another's intellectual property rights. SimInsights
reserves the right to remove Content and User Submissions without prior notice.
A.
SimInsights
will terminate a User's access to its Website if, under appropriate circumstances,
they are determined to be a repeat infringer.
B.
SimInsights
reserves the right to decide whether Content or a User Submission is
appropriate and complies with these Terms of Service for violations other than
copyright infringement, such as, but not limited to, pornography, obscene or
defamatory material, or excessive length. SimInsights
may remove such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any time, without prior
notice and at its sole discretion.
YOU AGREE THAT YOUR USE OF THE SIMINSIGHTS WEBSITE
SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
SIMINSIGHTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE
THEREOF. SIMINSIGHTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO
THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE SIMINSIGHTS WEBSITE. SIMINSIGHTS DOES NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SIMINSIGHTS WEBSITE OR ANY HYPERLINKED WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SIMINSIGHTS WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF
A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL SIMINSIGHTS, ITS OFFICERS, DIRECTORS, EMPLOYEES,
OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH
OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY
CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE
OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA
THE SIMINSIGHTS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY
TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY
ACKNOWLEDGE THAT SIMINSIGHTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK
OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is
controlled and offered by SimInsights from
its facilities in the United States of America. SimInsights
makes no representations that the SimInsights
Website is appropriate or available for use in other locations. Those who
access or use the SimInsights Website from
other jurisdictions do so at their own volition and are responsible for
compliance with local law.
You agree to defend,
indemnify and hold harmless SimInsights,
its parent corporation, officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to attorney's fees) arising from:
(i) your use of and access to the SimInsights Website; (ii) your violation of any
term of these Terms of Service; (iii) your violation of any third party right,
including without limitation any copyright, property, or privacy right; or (iv)
any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive these Terms of Service
and your use of the SimInsights Website.
These Terms of
Service, and any rights and licenses granted hereunder, may not be transferred
or assigned by you, but may be assigned by SimInsights
without restriction.
You
agree that: (i) the SimInsights
Website shall be deemed solely based in California; and (ii) the SimInsights
Website shall be deemed a passive website that does not give rise to personal
jurisdiction over SimInsights, either specific or general, in
jurisdictions other than California. These Terms of Service shall be governed
by the internal substantive laws of the State of California, without respect to
its conflict of laws principles. Any claim or dispute between you and SimInsights
that arises in whole or in part from your use of the SimInsights
Website shall be decided exclusively by a court of competent jurisdiction
located in Orange County, California. These Terms of Service, together with the
Privacy Notice at http://www.siminsights.com/legal/privacy.jsp and
any other legal notices published by SimInsights on the Website, shall
constitute the entire agreement between you and SimInsights
concerning the SimInsights Website. If any provision of
these Terms of Service is deemed invalid by a court of competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms of Service, which shall remain in full force and
effect. No waiver of any term of this these Terms of Service shall be deemed a
further or continuing waiver of such term or any other term, and SimInsights’
failure to assert any right or provision under these Terms of Service shall not
constitute a waiver of such right or provision. SimInsights
reserves the right to amend these Terms of Service at any time and without
notice, and it is your responsibility to review these Terms of Service for any
changes. Your use of the SimInsights Website following any amendment
of these Terms of Service will signify your assent to and acceptance of its
revised terms. YOU AND SIMINSIGHTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT
OF OR RELATED TO THE SIMINSIGHTS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
SimInsights Inc. All Rights Reserved.