All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Website are either the trademarks or service marks (registered or unregistered) of simMachines or its licensors unless otherwise stated herein. simMachines and its licensors expressly reserve all intellectual property rights in all Content on the Website. No license is granted to you in connection with such Content contained on the Website.
In its sole discretion, simMachines and its licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.
3. User Conduct. simMachines maintains the Website for your personal information, education, and communication only and grants you permission to use the Website and to download Content only for noncommercial, personal use, provided that you (i) retain all copyright and other proprietary notices contained on the Content, (ii) do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of simMachines, and (iii) do not download or use any images of people or places (“Images”) displayed on the Website for any purpose. The download or use of any such Images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the prior written authorization of simMachines. Any unauthorized use of such Images may violate copyright laws, trademark laws, the laws of privacy and publicity, and related communications regulations and statutes.
Additionally, you agree to not to engage in any of the following activities on the Website:
- Upload, post or transmit any informational content that is unlawful, threatening to another person or entity, infringing, defamatory, false, misleading, abusive, harassing, libelous, vulgar, obscene, pornographic, profane, invades the privacy of another, discriminates based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, or is otherwise objectionable;
- Intentionally or unintentionally violate or encourage conduct that would be considered a violation of any local, state or federal law, either civil or criminal;
- Impersonate another user, person or entity, including any official or employee of simMachines;
- Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; and
- Use the Website to advertise or perform any commercial solicitation.
5. Links to Third-party Websites. The Website may contain links to other Internet sites not under the ownership or editorial control of simMachines. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by simMachines of any products, services, advice or information available from such sites. simMachines does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites, and you hereby release simMachines and its subsidiaries, affiliates, officers, managers, members and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk.
6. EXCLUSION OF LIABILITY. NEITHER SIMMACHINES NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, MEMBERS, NOR ANY OF THEIR RESPECTIVE AGENTS (THE “RELEASED PARTIES”) WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY SIMMACHINES WEBSITE, AND YOUR USE OF ANY SIMMACHINES WEBSITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE WEBSITE; ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION AND/OR INACTION BY YOU; ANY NEGLIGENCE, MISCONDUCT, AND/OR OTHER ACTION OR INACTION OF ANY THIRD PARTY; YOUR VIOLATION OF ANY LAW, RULE, REGULATION, AND/OR ORDINANCE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR WEBSITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY SIMMACHINES WEBSITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. SIMMACHINES DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY SIMMACHINES WEBSITE. IN NO CASE SHALL SIMMACHINES BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE WEBSITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, SIMMACHINES IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTAL DAMAGES. SIMMACHINES’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE WEBSITE.
DISCLAIMER OF WARRANTIES. THE CONTENT OF ANY SIMMACHINES WEBSITE IS PROVIDED “AS IS” AND SIMMACHINES DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:
- THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE;
- THE CONTENT IS ERROR-FREE AND/OR ACCURATE;
- THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE;
- DEFECTS WILL BE CORRECTED;
- THE WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS CONTAINED IN THE CONTENT;
- THE CONTENT ON THIS WEBSITE IS NON-INFRINGING; AND/OR
- THE WEBSITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.
IN ADDITION TO THE ABOVE YOU (AND NOT SIMMACHINES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE WEBSITE OR VIEW THE CONTENT.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
9. Website Security. Users are prohibited from violating or attempting to violate the security of the Website, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail bombing or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. Violations of system or network security may result in civil or criminal liability. simMachines may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.