By accessing the website at http://simultv.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Interconnect Media Network Systems, LLC, a Virginia limited liability company (“IMN”), and 2564212Ontario, Inc., a company located in the Province of Ontario (“2564212Ontario”), are partners in delivering SimulTV service. IMN is the content provider for SimulTV and 2564212Ontario is responsible for delivery of SimulTV to subscribers. Unless otherwise indicated, all of the content featured or displayed on SimulTV including, but not limited to, the videos, programming, and original content, and the selection and arrangement thereof (the “IMN Content”) are owned or licensed by IMN. All elements of the IMN Content delivered through SimulTV are protected by copyright, trade dress, and other laws relating to the protection of intellectual property. By using SimulTV, you agree to be bound by both SimulTV’s Terms of Service and IMN’s Terms of Service. IMN’s Terms of Service can be found at [link].
The IMN Terms of Service does not alter in any way the SimulTV Terms of Service below. In the event of a conflict between the IMN Terms of Service and the SimulTV Terms of Service, SimulTV’s Terms of Service shall control.
BY SUBMITTING AN ORDER FOR SIMULTV OR BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF BOTH IMN’S AND SIMULTV’S TERMS OF SERVICE.
Permission is granted to temporarily download one copy of the materials (information or software) on SimulTV’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on SimulTV’s website;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
The right to download content does not extend to any live video or video on demand service that may be accessed through SimulTV. That content may only be viewed on the site or with the app supplied by SimulTV
This license shall automatically terminate if you violate any of these restrictions and may be terminated by SimulTV at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on SimulTV’s website are provided on an ‘as is’ basis. SimulTV makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, SimulTV does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall SimulTV or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on SimulTV’s website, even if SimulTV or a SimulTV authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on SimulTV’s website could include technical, typographical, or photographic errors. SimulTV does not warrant that any of the materials on its website are accurate, complete or current. SimulTV may make changes to the materials contained on its website at any time without notice. However SimulTV does not make any commitment to update the materials.
SimulTV has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by SimulTV of the site. Use of any such linked website is at the user’s own risk.
SimulTV may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
These terms and conditions are governed by and construed in accordance with the laws of Ontario, Canada and you irrevocably submit to the exclusive jurisdiction of the courts in Ontario, Canada.
Effective Date: September 28, 2017
The Site and Services enable you to (a) access and view the Content; and (b) connect with other users of the Site (“Users”) via the Chat Function, or otherwise. We have no responsibility, liability or control over and hereby expressly disclaims all liability related to the use of the Site and/or Services by the Users. We do not take part in, and has no control over, the interaction between Users. Upon a dispute, Users must deal directly with each other, and we expressly disclaim all liability whatsoever for any claims and/or controversies for disputes that may arise between any Users.
This Site is intended for use by people 18 or over. We will not knowingly collect any information from children under the age of 13. You must identify your age during the registration process. We do not assume any responsibility, and hereby expressly disclaim all such liability, for any misrepresentations regarding your age or parental consent when using this Site.
We require visitors to the Site who wish to use the Services or access certain portions of the Site to go through a registration process that requires them to choose a password in order to “log in” to our Services. Your subscriber name will be used to identify you on the Site. You may log in to the Site, use the Services, or modify your information only through your own subscriber name and password. By registering, you certify that:
the e-mail address you provide in the registration is accurate and belongs to you; and you are at least 18 years of age and are legally authorized to work in the United States;
You agree that we may rely on the certification set forth above as true, and may change the conditions of such certifications from time to time. If we determine that you have provided any false information to us when using or registering to use the Site, we will terminate your membership immediately.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your subscriber name and password. You should notify us promptly if you identify an unauthorized use or a security breach related to the Site and/or Services.
Your License to Us. By submitting material to any areas of the Site or within the Services, you agree that such material is provided to us on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we (including our partners, agents, affiliates and service providers (each a “Third Party Provider” and collectively, “Third Party Providers”) may reproduce, modify, archive, publish, display and otherwise distribute such material as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose. With respect to any content or materials that you post in public areas of the Site or Services, you agree that we may distribute, share or otherwise provide such material under any terms we see fit to any Users, without the requirement of providing you any form of compensation. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
Information contained on or made available through the Site or through our Services is not certified or tested. This includes information about us, third parties and the Users. We disclaim any duty or obligation to update or monitor this information. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site or used in or generated by our Services. Your use of information on the Site (including without limitation, contact information for Users), provided through our Services, or materials linked to the Site is entirely at your own risk.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, (c) you discontinue providing links to the Site immediately upon request by us; (d) you do not imply or state any sponsorship of your site by us; and (e) you do not link to any page within the Site beyond the “home page” or first page.
You may not frame or in-line link any of the Content or the Services, or incorporate into any other website or other service any of our intellectual property or any of our service providers.
We do not represent or warrant that the Site or the web ware used to provide our Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site and our Services at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site or used in our Services.
Third party content, including content posted by Users in the Chat Function, may appear on the Site, may appear within the Chat Function, or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
We also may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants and you use these services at your own risk. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and Site traffic information.
Further, while using the Site or the Services, you may not:
restrict or inhibit any other User from using or viewing the Site or using the Services;
use the Site or the Services for the benefit of any third party, other than to accomplish a use permitted under this Agreement;
republish or distribute, change, modify, mirror, frame, rent or sell in any manner, directly or indirectly, any component of the Site or the Services, including without limitation, the Content
disassemble, decode, decompile or otherwise reverse engineer the Site, the Service or the Content or any interfaces or software programs comprising the same;
use any data mining, robot, spider, scraper, or other automated means to access the Site, the Services or the Content for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines;
take any action that would impede or interfere with the operation of the Site or the Services or materially alter the Content;
transmit to the Site or the Services any information or software that contains a virus, Trojan horse, worm, or other harmful component;
upload, post, e-mail or transmit any content that is inaccurate, unlawful, harmful, threatening, abusive, disparaging, defamatory, libelous or obscene;
impersonate any person or entity, attempt to hide the origin of any content you submit or falsely state or otherwise misrepresent your affiliation with another entity;
upload, post, email or transmit any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship;
upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
collect or store personal data about other Users;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services; or
Circumvent, disable or otherwise interfere with security-related features of the Site or the Services, including without limitations, any features that limit access to the Content or enforce privacy settings applicable to the profiles of Users.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM, ON OUR BEHALF, AS WELL AS ON BEHALF OF THE AFFILIATED PARTIES, ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT SHALL WE OR THE AFFILIATED PARTIES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THE SITE, THE SERVICES OR THE CONTENT, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY. YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF THE AFFILIATED PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE, THE SERVICES OR THE CONTENT PROVIDED HEREUNDER SHALL NOT EXCEED $1.00.
The Site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
We respect others’ intellectual property rights; however, the Site and the Services contain information that is provided by or obtained from third-party sources. If you believe that your copyrighted material is being infringed by anything on Site or the Services, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a written statement to our Copyright Agent at (via electronic mail) or our Copyright Agent, c/o LeClair Ryan, P.C., 1715 Pratt Drive, Suite 2700, Blacksburg, Virginia 24060, ATTN: Michael P. Drzal, Esq. (via certified or registered mail), which notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Site or within the Service that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that your are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe that any content that you previously submitted to us that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the content at issue, you may send a counter-notice containing the following information to our Copyright Agent at the physical and/or e-mail address set forth above, which counter-notice must include: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location within the Site or the Services at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, the Service and the Content provided therein.
Paid services are available for purchase through the Site. By selecting a Service, you agree to pay us the fees indicated for that Service plus any applicable taxes in advance of using such Services. Payments will be charged on the day you sign up for a Service and will cover the use of that Service for a period of time as indicated on the Site. If you select a Service that is dependent on you providing information to us, it is solely your responsibility to provide that information. Service fees are not refundable. The prices for all Services are subject to change at any time upon notice to the users, such changes in pricing to occur upon a change in the pricing we are required to pay for content, bandwidth or third party services.
Upon termination or cancellation of the Service by you or us for any reason, we may delete your data permanently from our servers. You are responsible for taking all necessary steps to back up your data and ensuring that you maintain that data on an on-going basis.
Services include email support. Email support means the ability to make requests for technical support by email at any time with our reasonable efforts to respond within two business days concerning the use of the Services.