By using the Website, you agree:
Your failure to abide by any of the above, or any misrepresentation made by you in connection with your use of the Website, may result in the immediate denial of any further access to the Website, with or without further notice to you, and without any refund of any amounts paid by you to Simpool.
- not to use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any part of the Website, nor obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Website;
- not to act in a manner which is and/or might be perceived as damaging to Simpool’s reputation and goodwill or which may bring Simpool into disrepute or harm;
- not to impersonate any person or entity or provide false information on the Website, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Simpool and/or any other users;
- not to reverse look-up, trace, or seek to trace another user of the Website, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Website without their express and informed consent;
- not to upload to the Website or otherwise use it to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- not to remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of Simpool or any of our licensors, including copyright mark [©], creative commons [(cc)] indicators, or trademark signs [® or ™] contained in or accompanying any content published on the Website; or
In order to access certain features or services provided by us through the Website, you may have to create an account. As part of the onboarding process as Simpool’s customer, you will be asked to sign an insertion order and to accept and comply with our standard customer Terms & Conditions
which will be available on our Website and updated from time. As part of the registration process, you will have to create a user name and password. Your user name and password are personal to you and you may not allow any third party to use your user name or password under any circumstances. Simpool will not be liable for any harm caused by, or related to, the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to notify us immediately if you become aware of any unauthorized activity with respect to your account, of or believe there is any other need to deactivate your user name or password due to security concerns.
You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. You agree to guard your password carefully, with the full awareness that a failure to keep it secure will enable others to engage in transactions through the Website for which you will be legally responsible. PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU.
All rights, title and interest in and to the Website, including any and all copyrightable materials or any other content which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, the “look and feel” of the Website, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, the “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Simpool.
Third Party Services
The Website may give you access to third party websites and/or may enable you to engage and procure certain third party services, tools, applications and widgets, content, media distribution services, designers, etc. (collectively, “Third Party Services“). You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled with certain Simpool services, offered separately by Simpool or persons certified or authorized by Simpool), Simpool merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, nor shall it be in any way responsible or liable with respect thereto. Simpool will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third Party Services. Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal terms that govern such Third Party Services, which you are encouraged to review before engaging with them.
Disclaimer of Warranty
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SIMPOOL, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND/OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING ANY DAMAGES RESULTING FROM: (A) ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY CONTENT; (B) ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE AND/OR ANY PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OF THE WEBSITE; (E) THE USE OR DISPLAY OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE; (F) EVENTS BEYOND THE REASONABLE CONTROL OF SIMPOOL, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF G-D, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES; AND/OR (G) LOSS OF USE, DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE OF THE WEBSITE.
Last updated: September 1, 2022