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These Terms of Service (“Terms”) govern your access to and use of the SimEnc Website. By accessing or using the SimEnc Website, you agree to be bound by these Terms and the SimEnc Guidelines ("Guidelines").
- Who can use SimEnc: You may use the SimEnc Website only if you can form a binding contract with SimEnc, and only in compliance with these Terms and all applicable laws. If you create an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms and that you agree to these Terms on the entity’s behalf.
- You are responsible for your own actions: You are legally responsible for your edits and contributions on SimEnc, so for your own protection you should exercise caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws. For clarity, applicable law includes at least the laws of the State of New York and the laws of the United States of America. Although SimEnc may not agree with such actions, we warn users that authorities may seek to apply other state or national laws to you, including the laws of the state or country where you live or where you view or edit content. SimEnc generally cannot offer any protection, guarantee, immunity or indemnification.
- Copyright: You agree to only submit text or non-text media for which (a) you hold the copyright, or (b) are authorized to act on behalf of the copyright owner and to bind the copyright owner to these Terms, or (c) is in the public domain, or (d) is contributed under "fair use" or similar exemptions under copyright law.
Licensing of ContentEdit
You agree to the following licensing requirements:
- Text or non-text media to which you hold the copyright: When you submit text or non-text media to which you hold the copyright, you grant SimEnc, its users, SimEnc Partner Sites, and SimEnc Partner Site users, a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your contributions on SimEnc and SimEnc Partner Sites solely for the purposes of operating, developing, providing, and using the SimEnc Website or SimEnc Partner Site. Nothing in these Terms shall restrict other legal rights SimEnc may have to your contributions, for example under other licenses. SimEnc reserves the right to remove or modify your contributions for any reason, including any of your contributions that we believe violates these Terms.
- Attribution: When you contribute text, you agree to be attributed in any of the following fashions: (a) Through hyperlink (where possible) or URL to the page to which you contributed (since each page has a history page that lists all authors and editors); (b) Through hyperlink (where possible) or URL to an alternative, stable online copy that is freely accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the SimEnc website; or (c) Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions).
- No revocation of license: You agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms for text or non-text media contributed to the SimEnc website even if you terminate use of our services.
- Public domain content: Content that is in the public domain is welcome. It is important however that you confirm the public domain status of the content under the law of the United States of America as well as the laws of any other countries, if necessary. When you contribute content that is in the public domain, you warrant that the material is actually in the public domain, and you agree to label it appropriately.
- Fair use or similar exemptions under copyright law. Content contributed under "fair use" or similar exemptions under copyright law is welcome. It is important however that you confirm the status of the content under the law of the United States of America as well as the laws of any other countries, if necessary. When you contribute content under "fair use" or similar exemptions under copyright law, you warrant that the material qualifies under "fair use" or similar exemptions under copyright law, and you agree to label it appropriately.
- Copying: You may not copy, reproduce, republish, disseminate, upload, post, display, transmit, or frame any content hosted on SimEnc without prior written consent from the copyright owners.
Third‐party Websites and ResourcesEdit
You are solely responsible for your use of any third-party websites or resources. Although the SimEnc Website contains links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.
Management of SimEnc WebsiteEdit
We reserve the right, but do not have the obligation to:
- Investigate your use of the service (a) to determine whether a violation of these Terms or other applicable law or policy has occurred, or (b) to comply with any applicable law, legal process, or appropriate governmental request.
- Detect, prevent, or otherwise address fraud, security, or technical issues or respond to user support requests.
- Refuse, disable, or restrict access of any user who violates these Terms.
- Ban a user from editing or contributing or block a user's account or access for actions violating these Terms, including but not limited to repeat copyright infringement.
- Take action against users who violate these Terms (including but not limited warning, reprimand, suspension, banning, reporting to the ISP, legal action, or reporting to law enforcement authorities).
- Manage otherwise the SimEnc Website in a manner designed to facilitate it’s proper function and protect the rights, property, and safety of ourselves and our users, licensors, partners, and the public.
In the interests of our users and the SimEnc Website, in the extreme circumstance that any individual has had his or her account or access blocked under this provision, he or she is prohibited from creating or using another account on or seeking access to the SimEnc Website, unless SimEnc provides explicit permission. SimEnc will not ban a user from editing or contributing or block a user's account or access solely because of good faith criticism that does not result in actions otherwise violating these Terms.
Disputes and JurisdictionEdit
If you seek to file a legal claim against us, you agree to file and resolve it exclusively in a state or federal court located in Queens County, New York. You also agree that the laws of the State of New York and, to the extent applicable, the laws of the United States of America will govern these Terms, as well as any legal claim that might arise between you and us (without reference to conflict of laws principles). You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Queens County, New York, in any legal action or proceeding relating to SimEnc or these Terms.
To ensure that disputes are dealt with soon after they arise, you agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).
- SimEnc cannot guarantee the validity of content posted. If you find errors, inaccuracies, or violations of these Terms, please edit the content to correct the problem, or begin a discussion on the appropriate discussion page to build consensus around a point of view.
- SimEnc does not review entries in real time and cannot guarantee that objectionable content or links have not been submitted, or that content that violates these Terms has not been included. Such items may be posted and available to the public for an amount of time before removed. If you come across any spam or objectionable content, or violations of these Terms, please edit the article to remove it or bring it to the attention of SimEnc.
- Your use of the SimEnc Website is at your sole risk. We provide use of the SimEnc Website on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our services will meet your requirements, be safe, secure, uninterrupted, timely, accurate, or error-free, or that your information will be secure.
- We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms.
- Any material downloaded or otherwise obtained through your use of the SimEnc Website is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by SimEnc. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.
- Some states or jurisdictions do not allow the types of disclaimers in this section; they may not apply to you either in part or in full depending on the law.
Limitation on LiabilityEdit
You agree that SimEnc will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, regardless of whether we were advised of the possibility of such damage. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.
- These Terms do not create an employment, agency, partnership, or joint venture relationship between you and SimEnc. If you have not signed a separate agreement with us, these Terms are the entire agreement between you and SimEnc. If there is any conflict between these Terms and a signed written agreement between you and SimEnc, the signed agreement will control.
- You agree that we may provide you with notices relating to SimEnc, including but not limited to those regarding changes to the Terms, by email or postings on the SimEnc Website.
- If in any circumstance, we do not apply or enforce any provision of these Terms, it is not a waiver of that provision.
- You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to SimEnc or the community.
- Where text or non-text media was contributed by an individual authorized to contribute on behalf of the copyright owner and to bind the copyright owner to these Terms, the term "you" in these Terms shall be read to mean "copyright owner."
- Where the term "Terms" appears in these Terms it shall also be read to mean "Guidelines".
- Where the term "SimEnc" or "SimEnc Website" appears in these Terms it shall also be read to mean "SimEnc owner" and "any individual performing duties authorized in writing by the SimEnc owner."
- If any provision or part of a provision of these Terms is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and will be enforced to the maximum extent permissible, and all other provisions of these Terms will remain in full force and effect.