The Sites are maintained and operated by Simba Technologies Inc. with offices located at 938 West 8th Avenue, Vancouver, BC Canada, V5Z 1E5.
By using and accessing the Sites in any manner, you accept that you have read, understood and agreed to the following Terms. If you do not agree with these Terms, do not use or access the Sites.
Simba reserves right to revise these Terms at its discretion. Notification of such revisions shall solely entail posting of the revisions here. By continuing to use/access the Sites subsequent to the revisions, you accept that you have read, understood and agreed to the revision of the Terms. If you do not agree with the revised Terms, do not use or access the Sites.
Simba, the Simba logo, SimbaEngine, SimbaEngine C/S, SimbaExpress and SimbaLib are registered trademarks of the Company. All other trademarks and/or servicemarks are the property of their respective owners.
Content on the Sites may be used for informational and personal or non-commercial use. Except with written permission from the Company, you may not reproduce, modify, rent, lease, loan, sell, distribute, republish, broadcast, or create derivative works of any content from the Sites.
You may elect to contribute content to the Sites such as blog comments and forum postings. Contributing such content is at your discretion and risk. You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Sites content that you have the right and authority to Share and for which you have the right and authority to grant Simba all of the licenses and rights set forth herein. By Sharing content, you grant Simba a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, fully sub-licensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation, the right to incorporate or implement the content into any Company product or service, and to display, market, sublicense and distribute the content as incorporated or embedded in any product or service distributed or offered by the Company without compensation to you. You warrant that: (a) you have the right and authority to grant this license; (b) Simba’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the content have been waived to the full extent allowed by law.
You agree that you will not Share any content that: (a) is binary executable code; (b) is false or misleading; (c) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (d) invades another’s privacy or includes another’s confidential, sensitive or personal information; (e) promotes bigotry, racism, hatred or harm against any group or individual; (f) is obscene or not in good taste; (g) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (h) you do not have the right and authority to Share and grant the necessary rights and licenses for; (i) violates or promotes the violation of any applicable laws or regulations; (j) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (k) contains any viruses, trojan horses, or other components designed to limit or harm the functionality of a computer.
Simba has no obligation to monitor the Sites or screen content that is Shared on or through the Sites. However, Simba reserves the right to modify or delete any content that it deems in its sole discretion to violate the Terms.
Disclaimer of Warranties
Usage and access to the Sites is entirely at your own risk. The Sites are provided ‘as-is’ without warranty (either express or implied), including any express or implied warranty or condition of merchantability or fitness for a particular purpose. Simba makes no representation, warranties, guarantees, and/or conditions: as to the accuracy, reliability, quality, relevancy, and/or timeliness of any content on the Sites; that the Sites will be completely operational and/or error-free; that any error(s) in the Sites will be corrected; that the Sites will be free from including, but not limited to, viruses, hackers and/or any other malicious security threats; and, that any communication between you and the Sites will be secure.
You assume full risk of any damage or loss of information and data to your computer system that results from accessing the Sites and the content, including, but not limited to, those from viruses, worms and/or other malicious security threats.
Limitation of Liability
To the full extent permitted by law, Simba is not liable for any direct, indirect, punitive, special, incidental, consequential or exemplary damages resulting from loss or damages relating, but not limited, to any/all of the following: lost business; lost savings; lost data; lost profits; breach of contract, including fundamental breach (regardless of the cause); and, tort (including negligence).
You agree to fully indemnify and defend Simba from and/or against any/all claims, demands, liabilities, costs or expenses whatsoever, including, but not limited to, legal fees and disbursements resulting directly or indirectly from: your breach of any of the Terms; your access and use of the Sites; your connection to the Sites; or, your breach or violation of any rights of another.
Links to Other Websites
The Sites include links to other websites that are not owned or under the control of Simba. By clicking on any such third-party link, you acknowledge that you are leaving the Sites and that you wish to view the content at the third-party website. Any third-party link and/or its associated information posted here is in no way an endorsement of any content, product or service. You acknowledge that determining the accuracy or suitability of any content, product or service is entirely your responsibility. These Terms apply to the Sites only. Usage and/or access to any third-party website linked within the Sites will be subject to the terms and conditions of such third-party website.
Jurisdiction and Severability
These Terms shall be governed and construed in accordance with the laws of the Province of British Columbia, Canada. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply. If any provision or portion of these Terms is held by a court of competent jurisdiction to be unenforceable, such provision or portion will be severed from the Terms, and the remainder of the Terms shall remain in full force and effect.
Last revised: August 18, 2011