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Terms of Service
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SIMAQ, INC. (SIMAQ), STATING THE TERMS THAT GOVERN YOUR USE OF THE WEBSITE ("SITE") AND THE VAZADAR SERVICE ("SERVICE"). THIS AGREEMENT—TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF SIMAQ'S RULES AND POLICIES—COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU, AND SIMAQ. IF YOU DO NOT ACCEPT THE TERMS STATED HEREIN, YOU MAY NOT USE THE SERVICES OR ANY FEATURES OF THE SITE. BY USING THE SITE AND THE SERVICES OFFERED HEREIN, YOU INDICATE YOUR ACCEPTANCE TO BE BOUND AND ABIDE BY THIS TERMS OF SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU. CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND SIMAQ MAY REFUSE ACCESS TO THE SITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT. SIMAQ RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT AT SIMAQ'S SOLE DISCRETION.
1. Definition of the vAzadar Service (or the Service). SIMAQ is the provider of the online service that permits you to access, download, cache, and purchase digital content, such as downloadable audio, software, video and other downloadable products (Products) through the Site under certain terms and conditions as set forth in this Agreement.
2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
3. System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), certain software (fees may apply), and may require obtaining updates or upgrades. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed, are your responsibility. The Service is not part of any other product or offering, and no purchase of any other product shall be construed to represent or guarantee you access to the Service.
4. Policies and Rules. Your use of the Service and transactions made through it are subject to the Terms of Sale, which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read the Terms of Sale, you should do so now. Your purchase of the Products made through the Service is subject to any end-user agreements or other terms and conditions required for use of such products, all of which are hereby made a part of this Agreement.
6. Your Information. You agree to provide accurate, current, and complete information required to register with the Service (Registration Data) and at other points as may be required in the course of using the Service. You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. SIMAQ may terminate your account as well as your rights to any or all of the Service if information you provide is false, inaccurate or incomplete. You agree that SIMAQ may store and use the Registration Data you provide (including credit card information, if provided) for use in maintaining your accounts and billing fees to your credit card account.
7. User Account and Security.
a. Account and Password. As a registered user of the Service, you may receive or establish an account (Account). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify SIMAQ of any unauthorized use of your Account or any other breach of security. SIMAQ shall not be responsible for losses arising out of the unauthorized use of your Account.
b. Security. You understand that the Service, and Products purchased and/or delivered through the Service, may include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules (Usage Rules) established by SIMAQ. You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate security components. You agree not to attempt or assist another person to attempt to circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by SIMAQ for compliance purposes and SIMAQ reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by SIMAQ for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
8. Use of Products. You acknowledge that Products may contain security technology that limits your usage of Products to the following applicable Usage Rules and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.
1. Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement and the Privacy Policies.
2. You are authorized to use the Products only for personal, noncommercial use.
3. You are authorized to use the Products on up to five SIMAQ-authorized devices at a time.
4. You shall be able to store Products on your personal computer, PDA or other media device that belongs to you. You agree that copying your Products for purposes of socially or commercially distributing such copies to another device or online is unlawful and strictly prohibited by the SIMAQ Terms of Service.
5. Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.
6. You agree that you will not attempt, or encourage or assist any other person to attempt, to circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
7. The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
8. Usage rules for software Products are governed by the terms of end-user agreements or other terms and conditions required for use of such Products.
9. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. SIMAQ reserves the right to modify the Usage Rules at any time.
10. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of SIMAQ. Accordingly, if SIMAQ changes any part of the Service or discontinues the Service, which SIMAQ may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation and that SIMAQ shall have no liability to you in such case.
9. Territory. If a Product is subject to a territory restriction, such as being available only to residents of the United States, the Product description will indicate the restriction. You agree not to violate territory restrictions on the Products.
10. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you purchase through the Service. You agree that SIMAQ may charge your credit card for Products purchased , and for additional amounts (including taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SIMAQ WITH VALID CREDIT CARD ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card account status, you must change your credit card account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until SIMAQ can verify the validity of the new credit card account information.)
b. Right to Change Prices and Availability of Products. Prices and availability of Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
11. Delivery of Products. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product or refund of the price paid for such Product, as determined by SIMAQ.
12. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including, but not limited to, Products, graphics, audio clips, video clips, and editorial content, contains proprietary information and material that is owned by SIMAQ and/or its licensors and is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
b. Removal of SIMAQ Content or Other Materials. Notwithstanding any other provision of this Agreement, SIMAQ and its licensors reserve the right to change, suspend, remove, or disable access to Products, content, or other materials comprising a part of the Service at any time without notice. In no event will SIMAQ be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. SIMAQ may also impose limits on the use of or access to certain features or portions of the Service in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service, including, but not limited to, the Site, the SIMAQ Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software are owned by SIMAQ and/or its licensors who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
a. Termination by SIMAQ. If you fail, or SIMAQ suspects that you have failed, to comply with provisions of this Agreement, including, but not limited to, failure to make payment of fees due, failure to provide SIMAQ with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third-parties' rights, SIMAQ, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software; and/or (iii) preclude access to the Service (or any part thereof).
b. Termination of the Service. SIMAQ reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you and SIMAQ will not be liable to you or to any third party should it exercise such rights.
14. General Compliance with Laws. The Service is controlled and operated by SIMAQ from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
15. Enforcement of These Terms. SIMAQ reserves the right to takes steps they believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including, but not limited to, SIMAQ's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that SIMAQ has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as each such party believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including, but not limited to, SIMAQ's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
16. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, SIMAQ may provide links to certain third-party websites. You acknowledge and agree that SIMAQ is responsible for examining or evaluating the content or accuracy of any such third-party material or websites. SIMAQ does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that SIMAQ is not in any way responsible for any such use by you.
17. Disclaimer of Warranties; Liability Limitations.
A. SIMAQ DOES NOT GUARANTEES, REPRESENTS, OR WARRANTS THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND YOU AGREE THAT FROM TIME TO TIME SIMAQ MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
B. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED HEREIN) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
C. IN NO CASE SHALL SIMAQ, INC., NOR ANY OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR FOR OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN CONTENT, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SIMAQ'S AND NYT'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
D. SIMAQ SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SIMAQ AND NYT HEREBY DISCLAIM ALL LIABILITY TO YOU FOR LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
E. SIMAQ DOES NOT REPRESENTS OR GUARANTEES THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SIMAQ DISCLAIMS ANY LIABILITY RELATING THERETO. SIMAQ WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT FILES ARE STORED AND BACKED UP ON MULTIPLE SERVERS AND, UNDER CATASTROPHIC CIRCUMSTANCES, WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE ITS CUSTOMERS WITH THEIR PURCHASE RECORDS AND DATA FILES.
18. WAIVER AND INDEMNITY. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD SIMAQ, INC., AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY SIMAQ AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SIMAQ, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF A DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SIMAQ'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
19. Changes. SIMAQ reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as Additional Terms) will be effective immediately and incorporated into this Agreement. All Additional Terms are hereby incorporated into this Agreement by this reference.
20. Notices. SIMAQ may send you notice with respect to the Service by sending an email message to the email address listed in your SIMAQ Account contact information, by sending a letter via postal mail to the contact address listed in your SIMAQ Account contact information, or by a posting on the Site. Notices shall become effective immediately.
21. Governing Law. The laws of the State of Texas, without regard to its conflict of laws rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction and venue for any claim or dispute with SIMAQ or relating in any way to your use of the Service resides in the courts of the State of Delaware.
22. Miscellaneous. These Terms of Service constitute the entire agreement between you, SIMAQ and govern your use of the Service. These terms supersede prior agreements between you and SIMAQ. You may be subject to additional terms and conditions that apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect. SIMAQ's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. SIMAQ will not be responsible for failures to fulfill any obligations because of causes beyond its control.
Terms of Sale
SIMAQ reserves the right to change content options without notice. Your sole remedy in such cases is a refund of the price paid for the unavailable Product.
OTHER TERMS AND CONDITIONS
SIMAQ is not responsible for typographic errors or any clearance rights issues associated with vAzadar content.
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