Terms Of Use

Terms Of Use:

SIMMSA provides the Website, the Content, and the Services to you subject to the following Terms of Service (“TOS”). The TOS may be updated by us from time to time without notice to the users. Please read these terms and conditions carefully before using the Website, accessing the Content and/or using the Services.

In addition, when using any services or accessing any content, you will be subject to any posted guidelines or rules applicable to such services or content. All such additional guidelines or rules are hereby incorporated by reference into the TOS.

Services And Content:

SIMMSA provides its users with various features and services, including forums and interactive and non-interactive features, all of which may be updated, deleted, or otherwise modified from time to time at the discretion of SIMMSA.

In addition, SIMMSA provides access to certain photographs, text, images, statistics, logos, and other media and intellectual property related to or otherwise associated with SIMMSA. Unless stated otherwise, the Website, the SIMMSA Forum, and its Content are subject to the TOS.

You understand and agree that the SIMMSA Website and the SIMMSA Forum, and its contents are provided “AS IS” and that SIMMSA assume no responsibility in connection with your use of the Website and its other Services and Content. The Website, the Services, and the Content are provided for your non-commercial entertainment and enjoyment.

Under the TOS, you may download certain Content and Services available on the Website to a single personal computing device for your use and entertainment. However, you may not distribute, modify, republish, or publicly display any of the Content or Services unless you have the prior written permission of SIMMSA, which permission may be withheld at SIMMSA’s sole discretion.

Disclaimer Of Warranties:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

The use and inability to use of SIMMSA website, the forum and the content is at your sole risk. The website, the forum and the content are provided on an “as is” and “as available” basis. SIMMSA expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

SIMMSA make no warranty that:

  • the website, services or the content will meet your requirements,
  • (ii) the website, the services or the content will be uninterrupted, timely, secure, or error-free,
  • (iii) the results that may be obtained from your use of the website, the services or the content will be accurate or reliable,
  • (iv) the quality of any products, services, information, or other material purchased or obtained by you through the website, the services or the content will meet your expectations, and
  • (v) any errors in the software operating on the website will be corrected.

Any material downloaded or otherwise obtained through the use of the website or the services is done at your own discretion and risk and that 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.

No advice or information, whether oral or written, obtained by you from the website or through or from the services or the content shall create any warranty not expressly stated in the Terms of Use.

Limitation of Liability:

You expressly understand and agree that SIMMSA shall not be liable for any direct, indirect, incidental, special, moral, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from:

  • the use or the inability to use the website, the services, or the content;
  • the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website, the services, or the content;
  • unauthorized access to or alteration of your transmissions or data;
  • statements or conduct of any third party on the website, the services, or in the content; or
  • any other matter relating to the website, the services, or the content.

Background Information:

In order to use the SIMMSA Services, you may be required to register with by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject, of course, to all applicable laws. If you provide any information that is untrue, inaccurate, not current, or incomplete, or SIMMSA have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, SIMMSA has the right to suspend or terminate your password and/or refuse any and all current or future use of the Services.

Member Password And Security:

The account user shall be responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your account. SIMMSA will not be liable for any loss or damage arising from the User’s failure to comply with the security policy.

Access By Minors:

We do not allow registration of individuals under the age of 13. We reserve the right to disable any account created with a fictitious birth date.

Modifications To Website, Including The Services:

The SIMMSA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice.

Termination:

You agree that SIMMSA, in its sole discretion, may terminate your password or use of the Website and/or the SIMMSA Forum, and remove and discard any Message within the Services, for any reason, including, without limitation, for lack of use or if SIMMSA believe that you have violated or acted inconsistently with the Terms of Service.

SIMMSA may also in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that SIMMSA may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services.

Proprietary Rights:

Services and Content are the property of SIMMSA and are licensed to SIMulation MotorSports Association and may not be reproduced without the prior written consent of its Officers. You further acknowledge and agree that (i) any necessary software used in connection with the Website, the Services, and the Content (the “Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws and are either owned by or licensed to ProSportsDaily.com; and (ii) content contained in sponsor advertisements or information presented to you through the Website, the Services, and the Content or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. EXCEPT AS EXPRESSLY AUTHORIZED BY SIMMSA, OR ADVERTISERS, YOU AGREE NOT TO REPRODUCE, REPUBLISH, UPLOAD POST, TRANSMIT, DISTRIBUTE, COPY, PUBLICLY DISPLAY OR OTHERWISE USE ANY CONTENT OR ANY DERIVATIVE WORKS BASED ON THE WEBSITE, SERVICES, CONTENT OR THE SOFTWARE, IN WHOLE OR IN PART. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. The User agrees not to access the Services by any means other than through the interface that is provided by SIMMSA for use in accessing the Services.

Jurisdiction:

The TOS constitute the entire agreement between you and SIMMSA and governs your use of the Websites, the Services, and access to the Content, superseding any prior agreements between you and ProSportsDaily.com.

You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and SIMMSA shall be governed by the laws of United Arab Emirates without regard to its conflict of laws provisions. (If applicable)

You and SIMMSA agree to submit to the personal and exclusive jurisdiction of the courts located within the United Arab Emirates. The failure of SIMMSA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOS must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. The Laws and Courts of United Arab Emirates govern any dispute arising out of the use of the website.

Changes To Terms of Service:

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and modifications to our website and/or forum. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes an implied acceptance the changes thereof.

If you have any questions or comments about our use of personal information, please contact us at:

SIMMSA | SIMulation MotorSports Association
Phone#: TBD/ TBA
E-Mail: legal[at]simmsa[dot]net

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