TERMS OF SERVICE

The following terms and conditions govern all use of the Sima Gest.com website and all content, services, and products available at or through the website (taken together, the Website). The Website is owned and operated by Sima Gest Inc. (“Sima Gest”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Sima Gest’s Privacy Policy) and procedures that may be published from time to time on this Site by Sima Gest (collectively, the “Agreement”).

 

Please review this Arrangement carefully prior to accessing or utilizing the Website. By accessing or making use of any part of the internet site, you consent to come to be bound by the conditions of this agreement. If you do not consent to all the terms of this agreement, then you might not access the Website or make use of any type of solutions. If these conditions are thought about a deal by Sima Gest, approval is specifically restricted to these terms. The Website is readily available only to people that go to the very least 13 years of ages.

 

Your Sima Gest.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Sima Gest may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Sima Gest liability. You must immediately notify Sima Gest of any unauthorized uses of your blog, your account or any other breaches of security. Sima Gest will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors. If you run a blog, discuss a blog site, message material to the Website, article links on the Website, or otherwise make (or enable any third party to make) product readily available by means of the Website (any type of such material, “Content”), You are totally responsible for the content of, and also any harm arising from, that Content. That is the case regardless of whether the Content concerned comprises text, graphics, audio data, or computer software program. By making Content available, you stand for and also require that:

the downloading, duplicating and use the Content will not infringe the proprietary rights, including however not restricted to the copyright, patent, trademark or profession trick rights, of any kind of 3rd party;

if your employer has rights to copyright you produce, you have either (i) received permission from your employer to post or offer the Content, including however not limited to any software application, or (ii) safeguarded from your company a waiver as to all rights in or to the Content; you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);

the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;

your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;

your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Sima Gest or otherwise. By submitting Content to Sima Gest for inclusion on your Website, you grant Sima Gest a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Sima Gest will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

 

Without restricting any of those depictions or service warranties, Sima Gest has the right (though not the responsibility) to, in Sima Gest’s single discernment (i) refuse or eliminate any type of content that, in Sima Gest’s reasonable point of view, breaks any type of Sima Gest policy or remains in any type of means unsafe or undesirable, or (ii) end or refute accessibility to and use the Website to any individual or entity for any type of reason, in Sima Gest’s single discretion. Sima Gest will have no responsibility to provide a reimbursement of any amounts formerly paid.

 

Payment and Renewal.

General Terms.

By selecting a product or service, you agree to pay Sima Gest the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

Automatic Renewal.

Unless you alert Sima Gest prior to the end of the suitable registration period that you want to cancel a subscription, your membership will immediately renew and you authorize us to gather the then-applicable annual or month-to-month subscription cost for such membership (as well as any tax obligations) using any kind of credit card or others payment mechanism we carry record for you. Upgrades can be canceled any time by sending your request to Sima Gest in composing.

Services.

Fees; Payment. By signing up for a Services account you agree to pay Sima Gest the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Sima Gest reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at any time on thirty (30) days written notice to Sima Gest.

Support. If your solution includes access to priority e-mail assistance. “Email assistance” suggests the capability to make ask for technological support help by e-mail any time (with affordable initiatives by Sima Gest to respond within one business day) concerning the use of the VIP Providers. “Top priority” means that support takes concern over assistance for customers of the typical or cost-free Sima Gest. com solutions. All assistance will be offered according to Sima Gest typical services techniques, procedures, and also policies.

Responsibility of Website Visitors. Sima Gest has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, Sima Gest does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Sima Gest disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Sima Gest.com links, and that link to Sima Gest.com. Sima Gest does not have any control over those non-Sima Gest websites and webpages and is not responsible for their contents or their use. By linking to a non-Sima Gest website or webpage, Sima Gest does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Sima Gest disclaims any responsibility for any harm resulting from your use of non-Sima Gest websites and webpages.

Copyright Infringement and DMCA Policy. As Sima Gest asks others to appreciate its intellectual property rights, it appreciates the copyright legal rights of others. If you think that product situated on or connected to by Sima Gest. com breaks your copyright, you are motivated to inform Sima Gest in accordance with Sima Gest’s Digital Millennium Copyright Act (“DMCA”) Policy. Sima Gest will reply to all such notifications, including as called for or proper by removing the infringing product or disabling all links to the infringing material. Sima Gest will end a visitor’s access to and use of the Website if, under appropriate scenarios, the visitor is identified to be a repeat infringer of the copyrights or other copyright legal rights of Sima Gest or others. When it comes to such termination, Sima Gest will certainly have no commitment to supply a refund of any kind of quantities previously paid to Sima Gest.

Intellectual Property. This Agreement does not transfer from Sima Gest to you any Sima Gest or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Sima Gest. Sima Gest, Sima Gest.com, the Sima Gest.com logo, and all other trademarks, service marks, graphics and logos used in connection with Sima Gest.com, or the Website are trademarks or registered trademarks of Sima Gest or Sima Gest’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Sima Gest or third-party trademarks.

Advertisements. Sima Gest reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

Attribution. Sima Gest reserves the right to display attribution links such as ‘Blog at Sima Gest.com,’ theme author, and font attribution in your blog footer or toolbar.

Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

Changes. Sima Gest reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Sima Gest may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. Sima Gest may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Sima Gest.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Sima Gest if you materially breach this Agreement and fail to cure such breach within thirty (30) days of Sima Gest’s notice to you thereof; provided that, Sima Gest can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. The Website is provided “as is”. Sima Gest and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Sima Gest nor its suppliers and licensors make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability. In no event will Sima Gest, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Sima Gest under this agreement during the twelve (12) month period prior to the cause of action. Sima Gest shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing will not apply to the extent banned by suitable law.

General Depiction and Guarantee. You represent as well as require that (i) your use of the Website will be in strict accordance with the Sima Gest Personal Privacy Plan, with this Agreement as well as with all suitable laws and also regulations (consisting of without restriction any type of neighborhood legislation or regulations in your nation, state, city, or other governmental area, pertaining to online conduct and also acceptable content, and including all relevant laws relating to the transmission of technological information exported from the USA or the country in which you live) as well as (ii) your use the Website will certainly not infringe or misuse the intellectual property legal rights of any type of 3rd party.

 

Indemnification. You agree to indemnify and hold harmless Sima Gest, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. This Agreement constitutes the entire agreement between Sima Gest and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Sima Gest, or by the posting by Sima Gest of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Sima Gest may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.