updated: November 10, 2013.
1. GENERAL AND ACCEPATNCE
By using the SI-MARK application, you agree to any and all of the terms and conditions set forth herewith, and if you do not agree to all of the terms and conditions, then you are required to refrain from any and all use of the SI-MARK application whatsoever.
The SIMARK C.T LTD, SI-MARK's sole proprietor, has the irrefutable right to modify this Agreement from time to time as it deems necessary, and such modification shall be immediately in effect after a posting by the SI-MARK application on the SI-MARK application website. When using the SI-MARK application, you agree to be bound to any and all changes or modifications to this Agreement after any such modification has been posted. It is the your sole responsibility to remain apprised of any modifications made to the Agreement, and therefore it is important and imperative that you review this Agreement regularly upon each use of the SI-MARK application to ensure that you are fully aware of all updates regarding any changes or modifications executed thereof.
We may occasionally communicate with you regarding our products, services, news and events. You have the option to not receive this information. We provide an opt-out function within all email communications of this nature, or will cease to communicate with you for this purpose if you contact us and tell us not to communicate this information to you.
Minors are forbidden to be a party to this Agreement, and are not allowed to purchase the SI-MARK application. Accordingly, by purchasing such services, the user unequivocally declares and represents that he/she is 18 years of age or above and that he/she has full legal status and legitimate capacity to complete such a binding contractual agreement without the need of any further additional approvals or consents.
4. SERVICES PROVIDED
5. GENERAL UNDERTAKINGS
You accept sole responsibility for all of your activities when using the SI-MARK application, and any of its ancillary updates or applications. You will not upload or transmit viruses, worms or any other destructive code.
6. OWNERSHIP OF CONTENT
It should be expressly noted that the terms "SIMARK C.T LTD", the legal entity which owns the SI-MARK application, and "SI-MARK application", are interchangeable for the purposes of this Agreement. SIMARK C.T LTD does not have the ability to determine the actual owner of content/graphic material created and/or uploaded via the SI-MARK application.
7. CANCELLATION & REFUNDS
The SI-MARK application is provided on a prepaid basis. You may decide to discontinue the use of the SI-MARK application at any time. The minimum subscription period is one month and no refunds will be issued for partial monthly usage. In the event that you have set up a monthly installment plan, the SIMARK C.T LTD will cancel said monthly payment plan as soon as a cancellation request is received, and this cancellation will become effective in the following month after you canceled the service. No prorated refunds for partial monthly usage will be processed or issued, and the SIMARK C.T LTD will not be liable for any banking or other finance service charges of any kind which you may incur as a result of said cancellation. Cancellation requests should be sent to email: email@example.com
8. INTELECTUAL PROPERTY RIGHTS
The content on the SI-MARK application (as defined above), except all user submissions (as defined below), is subject to copyright and other intellectual property rights under local and international laws and conventions. To the best of its knowledge, the SI-MARK application uses only content which is allowed and permitted for use by the owner/s of the copyrights and other intellectual property rights therein. You agree not to circumvent, disable or otherwise interfere with security related features of the SI-MARK application or features that prevent or restrict use or copying of any content or enforce limitations on use of the SI-MARK application or any of the content therein.
9. USER SBMISSIONS
YOU UNDERSTAND THAT ALL USER SUBMISSIONS ARE THE SOLE RESPONSIBILITY OF THE USER UPLOADING SUCH CONTENT. YOU, AND NOT THE SI-MARK APPLICATION/SIMARK C.T LTD, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE VIA THE SERVICE. THE SI-MARK APPLICATION DOES NOT CONTROL THE CONTENT POSTED VIA THE SERVICE AND, AS SUCH, DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT ITS UPLOADING DOES NOT INFRINGE ON ANY THIRD PARTY RIGHTS.
THE SI-MARK APPLICATION MAKES NO REPRESENTATION THAT IT CAN PROTECT ITS USERS FROM EXPOSURE TO OFFENSIVE MATERIAL. THE SI-MARK APPLICATION WILL NOT BE LIABLE FOR THE CONTENT OF ANY USER SUBMISSION AND EXPRESSLY DISCLAIMS ALL LIABILITY RELATING THERETO.
10. ADDITIONAL PROHIBITED USES
In addition to all the prohibitions mentioned above, you agree that you will NOT knowingly use the SI-MARK application, inter alia, to:
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- 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);
- 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;
- "Spamming" to promote your website or content, or engaging in unethical marketing, advertising, any other practice connected in any way to "spam" or sending content or emails which do not comply with the CAN-SPAM Act of 2003;
- 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; or any other type of equipment or property.
You agree to indemnify and hold the SI-MARK application harmless from any claims resulting from the use of the services which cause damage to you or any other party.
You are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the aegis of the account and any other actions taken in connection with the website. You agree to immediately notify the SI-MARK application in writing of any unauthorized uses of your account or any other breaches of security. The SI-MARK application cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
12. WARRANTY DISCLAIMER ANDLIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THE SI-MARK APPLICATION SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SI-MARK APPLICATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE SI-MARK APPLICATION MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL THE SI-MARK APPLICATION, 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 OTHER 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 SI-MARK APPLICATION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SI-MARK APPLICATION 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.
14. FORCE MAJEURE
Under no circumstances shall the SI-MARK application be held liable for any delay or failure related to this Website and/or any of the Services and/or information on the Website directly or indirectly resulting from, arising out of, relating to or in connection with events beyond the reasonable control of the SI-MARK application, including but not limited to, 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 God, war, force majeure, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of limitation of liability section as stipulated above.
The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
By registering to use the SI-MARK application and providing your email address, you expressly agree to receive promotional content from the SI-MARK application, by email, from time to time. If you provide the SI-MARK application with your phone number (at any stage of use of the Services), the SI-MARK application shall be entitled to send you promotional SMS notices from time to time. If you wish not to receive such promotional content/notices, you may notify the SI-MARK application at any time.
You will be responsible for all taxes, duties and similar charges of any kind imposed by any federal, state or local governmental entity on the transactions contemplated by this Agreement, excluding taxes based upon the SI-MARK application's net income. The SI-MARK application reserves the right to modify its fees and to introduce new charges at any time, with at least thirty (30) days prior notice to you, and said notice may be provided by e-mail.
SIMARK C.T LTD can terminate the agreement in any misuse of the application.
17. CUSTOMER SERVICE CONTACT
To contact our customer service representatives, please send an email message to: firstname.lastname@example.org