Simbadirectory.com - Terms of Use


By accessing Simbadirectory.com you are agreeing to follow terms and conditions of use set up by Simbadirectory.com. The terms are made to guarantee and allowSimbadirectory.com products and services suite every individual needs. This policy is effective as of September 1, 2009.

Posting on Simbadirectory.com - You will post in the appropriate category, subcategory or area and will not do any of the following things:

Simbadirectory.com Reviewing System - Please use the reviewing system to tell us about any problems or offensive content so that together we can keep the site working properly. We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off Simbadirectory.com if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off Simbadirectory.com or not, we do not accept any liability for monitoring Simbadirectory.com or for unauthorized or unlawful content on Simbadirectory.com or use of Simbadirectory.com by users.
 
Simbadirectory.com Charges (fees) - Simbadirectory.com services and products are mostly charged. If the service you use charges a fee, you’ll be able to review and accept that charge. Our fees are quoted in United States Dollars, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services or completely terminate this contract with you. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, we may deduct the amount owed from your credit card, bank account and/or PayPal account balance).
 
Delivery, Frequency and Makegood - All figures relating to the number of advertisements served will be determined by Simbadirectory.com statistical tools provided to its members. Simbadirectory.com makes no guarantees with respect to usage statistics or levels of impressions for any advertisements. Any usage statistics or impressions provided by Simbadirectory.com are estimates only and Simbadirectory.com shall not be held liable for any claim related to same. If Simbadirectory.com fails provide the number of impressions guaranteed by Simbadirectory.com other than due to delays caused by Advertiser or its Agents, Simbadirectory.com will make good b providing Advertiser with additional comparable impressions. Advertiser understands that all frequency discounts are based on Advertiser's commitment to fulfilling the frequency indicated in the Contract. If this frequency is not met by the time of expiration or cancellation of this Contract, Advertiser agrees to pay a short rate charge on all ads run equal to the difference between rate shown in the Contract and the rate earned based on the actual frequency completed.
 
Simbadirectory.com Content and/or information - Simbadirectory.com contains content/information from itself, you, and other users. You agree not to copy, modify, or distribute Simbadirectory.com, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. (We need these rights to host and display your content.) If you believe that your rights have been violated, please notify our designated copyright agent at support@simbadirectory.com and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or of any party’s rights.
 
Reporting Intellectual Property Violations - Do not post content that violates the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale, fake businesses). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. Only the intellectual property rights owner can report of potentially violated items by sending an email to support@simbadirectory.com .
 
Limitation of Liability. You agree not to hold us responsible for things other users post or do. As most of the information and/or content on Simbadirectory.com comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of Simbadirectory.com, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
 
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of the total fees you pay to us in the 12 months prior to the action giving rise to liability.
 
Simbadirectory.com will not be liable for any delays in delivery and/or non-delivery in the event of an act of God, network difficulties, electronic malfunction, or other cause beyong the control of Simbadirectory.com. UNDER NO CIRCUMSTANCES WILL Simbadirectory.com BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, FOR LOST INCOME OR PROFITS, IN ANY WAY ARISING OUT OF OR RELATED TO THIS CONTRACT, EVEN IF Simbadirectory.com HAS BEEN ADVISED AS THE POSSIBILITY OF SUCH DAMAGES
 
Personal Information. By using Simbadirectory.com, you agree to the collection, transfer, storage and use of your personal information by ArcaSolutions (the "data controller") on servers located in the United States as further described in our privacy policy.
 
Choice of Law and Forum - This Contract shall be interpreted and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflicts of law provisions.
 
This won’t affect your statutory rights if you are a consumer and applicable consumer law requires application of another law (such as the law of your country of residence) for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
 
Simbadirectory.com
25 Eccleston Drive
Suite 409
North York, ON, M4A 1K5, Canada
 
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received 10 days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to support@simbadirectory.com