Terms of Use
1. Ownership of Content
The Sim-G websites may offer featured articles, pictures, information, digital images, surveys, advertising, logos, trademarks and other content (collectively referred to hereinafter as “Content”, but excluding specifically User Content as defined below) we hope will be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. Sim-G makes no representations or warranties that the Content is available, appropriate or legal to access. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via this site is owned by Sim-G or used with authorization. Please feel free to browse the site, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. Please note that downloading software, information, data or images from this site does not give you title or other rights to such Content.
2. Restrictions on the Use of the Site
As a condition of using this site, you agree that you will not:
(a) Without the prior written consent of Sim-G, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
(b) Submit, display or transmit any User Content (as hereinafter defined) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(c) Submit, display, or transmit any User Content that exceeds Sim-G’s capacity limits or for which you do not own or have the necessary and appropriate rights;
(d) Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
(e) Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the site;
(f) Use the site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;
(g) Publish, post, display, offer or disseminate any profane, obscene, indecent, discriminating, unlawful, terroristic, violent, or hateful User Content;
(h) Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the site; or
(i) Monitor or copy Content.
Site Security Use Restrictions
Sim-G takes the security of this website seriously. Therefore, in addition to the restrictions set forth above, you may not:
(a) interfere or attempt to interfere with the proper working of this website or any activity or service on this website by using any robot, “bot”, spider, crawler, engine, device, software, tool, routine or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity which interferes with the proper working of or access to this site or to any host or network;
(b) attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;
(c) access or attempt to access any system or servers on which the site is hosted or modify or alter the site in any way;
(d) upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;
(e) restrict or prevent any other user from using the site and/or any products, services, or Content posted on or offered through the site;
(f) post or upload User Content (as hereinafter defined) that disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the site, or;
(g) link to, frame, or otherwise reproduce this User Content to another website without prior written consent of Sim-G.
Sim-G reserves the right to investigate any violations of its system, network or website security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.
3. Trademarks and Proprietary Rights Notices
All trademarks, logos, trade names or service marks mentioned, used, or displayed on this site are either owned by Sim-G or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of Sim-G. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through this site.
4. User Content
We allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”). By posting User Content on Sim-G, you hereby grant Sim-G an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, world-wide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from Sim-G in connection with Sim-G’s exercise of its license rights in and to the User Content you have posted on this site. You acknowledge and agree that Sim-G is under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on any site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.
Sim-G has no obligation to monitor this site or any portion thereof. However, Sim-G reserves the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to the user. Sim-G has no obligation to display or post any User Content. Sim-G reserves the right to disclose, at any time and from time to time, any information or User Content that Sim-G seems necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. Sim-G shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this site.
5. Links and Third Party Sites
This website may contain links to and from third-party sites, including but not limited to sites operated by advertisers, vendors, and/or promotional or business partners. Sites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each site to be sure you understand the terms, conditions, policies and requirements of that site. Sim-G does not endorse, and the inclusion of any link on this site does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and Sim-G has not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. Sim-G has no control over: (a) the quality, safety or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or (b) the content of, or any products or services offered by websites operated by third parties. Sim-G does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers or other third parties that link to or from the Sim-G website. You acknowledge and agree that Sim-G has not reviewed all of the sites linked to or from this website, does not endorse such sites, is not responsible for such sites, and under no circumstances shall be liable for the contents, products or services of any off-site pages or of any third party sites linked to or from this website. Your linking to any other off-site pages or other sites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery schedules, and for return policies.
6. Community Code of Conduct
Sim-G offers community features, such as internal messaging systems, We reserve the right to monitor, censor, information and content provided by third parties on Sim-G, including information provided in community areas, with or without notice. Sim-G does not endorse or warrant the accuracy or reliability of User Content posted or uploaded by users or third parties. You agree that neither Sim-G nor its officers, directors, employees, agents, licensors or licensees are responsible for any User Content and agree to hold them harmless from any liability associated with such User Content posted by other users and other third parties.
When participating in community areas of this website, you represent and warrant that you have the right and authorization to use any User Content you upload or post, and you hereby assign those rights to Sim-G in accordance with these TOU. In addition to complying with the restrictions set forth in Section 2 of these TOU, you further represent and warrant that you will abide by the following rules:
(a) You will not use this website to further any illegal purpose, to violate the rights of any party, or to damage any person or property.
(b) Except as specifically authorized on Sim-G and in designated classified ads sections of Sim-G, you will not: (i) upload or otherwise post User Content with a commercial purpose, including, but not limited to, offers to sell products or services or attempts to solicit funds or to advertise products or services; (ii) post or upload User Content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unsolicited commercial advertisement, behavioral or viral marketing, or other spam; (iii) or e-mail such User Content to other users who have not indicated in writing that it is ok to contact them about other commercial services, advertisements, products or commercial interests; or (iv) post or upload User Content that includes links to commercial services or websites.
(c) You will not post or upload User Content that impersonates any person or entity, including, but not limited to, a Sim-G employee, or falsely states or otherwise misrepresents your affiliation with a person or entity.
(d) You will not post or upload User Content that includes personal or identifying information about another person without that person’s explicit consent.
(e) You will not post or upload User Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch.”
(f) You will not post or upload User Content that advertises any illegal service or the sale of any items of which the sale is prohibited or restricted by any applicable law.
(g) You will not use automated means, including spiders, robots, crawlers, data mining tools etc. to download data from Sim-G.
(h) You will not repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.
(i) You will not use any form of automated device or computer program that enables the submission of postings or User Content on Sim-G without each posting being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
(j) You will not use a Posting Agent to post User Content on Sim-G.
Sim-G reserves the right to expand on these rules in any specific community area and to condition access to such areas on agreement with such rules, as well as to specified eligibility criteria. Without undertaking any obligation to do so, Sim-G reserves the right, in its sole discretion, to delete any postings which violate its code of conduct, to deny access to its website or services to any person violating these rules, and to pursue appropriate legal action against violators. Sim-G will assist law-enforcement officials investigating illegal activity or violations of these Terms of Use.
7. Privacy
It is our policy to respect the privacy of visitors at our site. The terms and conditions of our Privacy Policy are hereby incorporated into these TOU, and these TOU are incorporated into our Privacy Policy. Your use of this site is subject to both the Privacy Policy and these TOU.
8. Limitation of Warranties
Sim-G provides this website and the content, information, products and services on or through "as is" and "as available", without any warranty of any kind, expressed, implied or statutory. Sim-G specifically disclaims any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
9. Limitation of Liability
Sim-G does not warrant that the content or services at the site or functions contained in the materials at the site will be available, uninterrupted or error-free, that defects will be corrected, that this site or the server that makes it available are free of viruses or other harmful components, that all products listed, sold or advertised are available, or that all transactions will be completed. Any of its officers, directors, employees, representatives, agents, licensors or licensees warrant or make any representations that the content, materials or information contained at this site are correct, accurate, complete, up to date, and/or reliable. In no event shall Sim-G or anyone who helped develop, create produce, display, transmit or deliver the content, material and information used in this site be liable for lost profits or any special, punitive, treble, enhanced, incidental or consequental damages arising out of, or in connection with use of our site, links to or from this site, information posted on our site, our services, any products or services you purchase, or this agreement, even if they have been advised of the possiblility of such damages. In no event shall our liability to you or any third parties in any circumstances for any and all losses, whether in contract, tort or otherwise, exceed the amount paid by you, if any, for accessing this site. Neither Sim-G or any of its affiliates, parents, subsidiaries, officers, directors, employees, representatives, agents, licensors or licensees shall be liable for any losses you might sustain by engaging in transactions with buyers or sellers who you meet as a result of classified advertisements posted on any Sim-G website.
10. Indemnity and Hold Harmless
We are not responsible for the accuracy, quality, safety, legality, intellectual property compliance, privacy policy, or content of any information, product or service offered by users, vendors, advertisers, promotional or business partners or any third-party sites, and you irrevocably waive any claim against Sim-G and its officers, directors, employees, representatives, agents, licensors and licensees with respect to the same. Sim-G does not guarantee such accuracy, and makes no representations regarding the use or results of use of any Content on this site in terms of its accuracy, reliability or any other matter. You assume the risk of their use and the entire cost of all necessary loss, servicing, repair or correction as a result of their use.
You agree to hold Sim-G and its officers, directors, employees, representatives, agents, licensors and licensees harmless from any and all claims, demands, attorneys’ fees, damages (actual and consequential) of every kind or nature, known and unknown, disclosed or undisclosed, arising out of, or any way connected with the use of any information at this site, any transaction occurring through this site, the safety or quality of any goods or services purchased or sold through this site, or the truth or accuracy of any claim made about such goods or services. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially.
You also agree to indemnify, defend, and hold Sim-G and its officers, directors, employees, representatives, agents, licensors and licensees harmless from any loss, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website, your breach of these Terms of Use or the documents that it incorporates by reference, or your violation of any law or the rights of any third party in connection with your use of this site.
11. Termination of Services
We may eliminate or terminate any Content or service posted on or made available through Sim-G without notice to you at any time in our sole discretion. Without limiting any other remedy, Sim-G reserves the right, in its sole discretion, to immediately issue a warning or to immediately, temporarily, or permanently suspend or terminate your participation in the site or any area of the site, and to refuse to provide our services to you if: (i) you breach these TOU or any of the rules or eligibility requirements of this site or the services offered at this site; (ii) or if we believe that your actions may cause damage, harm or legal liability to you, or to any vendor, business or promotional partner, advertiser, other user, the public, or us.
12. Complaints or notifications
Complaints or notifications can be submitted by mail to: info@stepintomygarage.com. All notices and announcements from Sim-G to you will be sent to the email address that you provided to us, unless we are notified that the email address is invalid.
13. Arbitration
Any controversy or claim arising out of or relating to your use of the site, or relating to these TOU or the Privacy Policy, or to the services provided by Sim-G shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Dutch Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the Netherlands and judgment on the arbitration or award may be entered into any court having jurisdiction thereof. No withstanding the preceding sentences of this Section, Sim-G may seek injunctive or other equitable relief in Dutch court having jurisdiction in the event of your violation of these TOU and/or your infringement of Sim-G's intellectual property rights or the intellectual property rights of any other person or party.
14. Modifications to these Terms of Use
Sim-G reserves the right, in its sole discretion, to change, modify, add, or remove portions of these TOU at any time, so please check this site periodically for changes. Changes to these TOU shall be effective upon posting. Continued use of the site following the effective date of any changes to these TOU constitutes your acceptance of those changes.
15. General Provisions
(a) Severability. If any provision of these TOU is held to be invalid or unenforceable, it shall be stricken without affecting the validity of the remaining portions of these TOU. Headings are for convenience only, and are not intended to in any way to confine, limit, construe or describe the scope or extent of such section.
(b) No Waiver. No waiver by Sim-G of any breach of these TOU by you shall constitute a waiver of this or any other provision of these TOU or alter or limit our right to act with respect to subsequent or similar breaches.
(c) Entire Agreement. These Terms of Use and the materials incorporated by reference herein, including the Sim-G Privacy Policy, form the entire understanding and agreement between you and Sim-G with respect to your use of this site and the services offered hereunder, and may be modified only in accordance with the procedures specified herein.
(d) No Agency. You acknowledge and agree that Sim-G, in providing this site, is not acting for or on behalf of either you, or any vendor, business or promotional partner, or advertiser. You and our vendors, business or promotional partners and advertisers are independent contractors. No agency, fiduciary, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by these TOU between Sim-G and either you or any vendor, business or promotional partner or advertiser at this site.
(e) Governing Law/Venue. Your use of this website and any dispute arising out of or relating to your use of this website will be governed by Dutch law, irrespective of its conflicts of law's provisions. In the event that Sim-G wishes to pursue injunctive or other equitable relief as a result of your violation of these TOU and/or your infringement of Sim-G’s intellectual property rights, Sim-G may bring legal action against you in any country, federal or state court having jurisdiction.
Last Update 09-11-2017