TERMS AND CONDITIONS
This website (the "Site"), is published and maintained by subsidiaries, affiliates, and/or related entities of SIM2 Multimedia ("SIM2"). By proceeding, accessing and browsing the Site, you indicate your acknowledgement and acceptance, without limitation or qualification, of these binding terms and conditions. If you do not agree to these terms and conditions, please do not use this Site. Those who choose to access this Site from location other than Italy do so on their own initiative and are responsible for complains with local laws if, and to the extent, local laws are applicable.
Use of the Site and Its Contents
Unless otherwise specified, the Site is for your personal and non-commercial use. SIM2 grants you a non-exclusive, non-transferable, limited right to enter, display, and use this Site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, text, image, audio, and video products or services obtained from the Site without the advance express written permission of SIM2. The use of the Site is subject to compliance with the following terms and conditions (“Terms and Conditions). You acknowledge and agree that SIM2 may terminate your access to the Site, should you fail to comply with the Terms and Conditions or any other guidelines and rules published by SIM2. Any such termination shall be in SIM2's sole discretion and may occur without prior notice, or any notice. SIM2 further reserves the right to terminate any user's access to the Site for any conduct that SIM2, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to SIM2 or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, or foreign laws or regulations. SIM2 further reserves the right to terminate any user's access to the Site for any reason or for no reason at all, in SIM2's sole discretion, without prior notice, or any notice.
Copyright
The entire content in this Site, including, but not limited to text, graphics, audio, images, software, and video clips (the "Content"), is protected by copyright under Italian copyright law, international conventions, and other copyright laws, and is property of SIM2. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Content.
You may download only one (1) copy of the Content to be used only by you for your personal use at home, unless the subsite you are accessing states that you may not. Any other use, including, but not limited to the reproduction,
distribution, display, or transmission of the content of this Site is strictly prohibited. If you download any Content from this Site, you agree not to change or delete any proprietary, copyright or trademark notices from the materials downloaded from the Site.
Trademark
All trademarks, service marks, word marks, trade names and logos (collectively “Marks”)
of SIM2 used on this Site (including but not limited to the “SIM2” name)
are trademarks or registered trademarks of SIM2 and/or its affiliates and/or
its business partners. Nothing contained on the Site should be construed as
granting any licence or right of use any Marks displayed on the Site without
the written permission of SIM2 or of their rightful owners. The use of the
Marks on any other website or network computer environment, without the express
written consent of SIM2, is strictly prohibited. Any unauthorised use of the
Marks may violate copyright laws, trademark laws, the laws of privacy and publicity,
and civil and criminal statutes.
User-Supplied Material
The Site may contain e-mail services, bulletin board services, chat areas,
news groups, forums, groups, personal web pages, calendars, photo albums,
file cabinets and/or other message or communication facilities designed to
enable you to communicate with others (collectively, "Communication
Services"). You agree to use the Communication Services only to post,
send and receive messages and material that are proper and, when applicable,
related to the particular Communication Service. By way of example, and not
as a limitation, you agree that when using a Communication Service, you will
not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or information.
• Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including,
by way of example, and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless you own or control the rights thereto
or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which
is made available through the Site in any manner that infringes any copyright,
trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted
files, or any other similar software or programs that may damage the operation
of another's computer or property of another.
• Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
• Falsify or delete any author attributions, legal or other proper notices
or proprietary designations or labels of the origin or source of software or
other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication
Services.
• Violate any code of conduct or other guidelines which may be applicable
for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail
addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee)
to a person or entity any directory of users of the Site or other user or usage
information or any portion thereof.
SIM2 has no obligation to monitor the Communication Services. However, SIM2
reserves the right to review materials posted to a Communication Service and
to remove any materials in its sole discretion. SIM2 reserves the right to
terminate your access to any or all of the Communication Services at any time,
without notice, for any reason whatsoever.
SIM2 reserves the right at all times to disclose any information as SIM2 deems
necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in SIM2's sole discretion.
SIM2 does not control or endorse the content, messages or information found
in any Communication Service and, therefore, SIM2 specifically disclaims any
liability with regard to the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are
not authorised SIM2 spokespersons, and their views do not necessarily reflect
those of SIM2.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination, you are responsible for adhering
to such limitations if you download the materials.
SIM2's Rights to User's Material
If you send any communications or materials to the Site by electronic mail
or otherwise, including, without limitation, any comments, data, and/or any
kind of related messages, questions, suggestions, all such communications
are, and will be treated as, non-confidential and non-proprietary. Thus,
you give up any claim that any use of such material conflicts with any of
your rights including moral rights, privacy rights, proprietary or other
property rights, publicity rights, rights to credit for material or ideas,
or any other right, including the right to approve the way SIM2 uses such
material.
Any material submitted to this Site may be adapted, broadcast, changed, copied,
disclosed, licensed, performed, posted, published, sold, transmitted, or used
by SIM2 anywhere in the world, in any medium, forever. However, SIM2 is free
to use, without any compensation to you, any concepts, ideas, know-how, or
techniques contained in any communication you send to the Site for any purpose
whatsoever, including but not limited to developing, manufacturing, and marketing
products using such information. However, you agree and understand that SIM2
is not obligated to use any such ideas or materials, and you have no rights
to compel such use.
Links to Other Internet Sites
The Site may contain images of and links to third party Web sites ("Linked
Sites"). The Linked Sites are not under the control of SIM2 and SIM2 is
not responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. SIM2 is not responsible for webcasting or any other form of transmission
received from any Linked Site nor is SIM2 responsible if the Linked Site is
not working appropriately. SIM2 is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by SIM2 of the site
or any association with its operators. You are responsible for viewing and
abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the
Site or participation in promotions, including the delivery of and the payment
for goods and services, and any other terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between you and the
advertiser or other third party. SIM2 shall not be responsible or liable for
any part of any such dealings or promotions and shall not be liable for any
damages to, or viruses, Trojan horses and other items of a destructive nature
that may infect your computer equipment or other property on account of your
access to, use of, or browsing in any Linked Site or your downloading of any
materials, data, text, images, video, or audio from any Linked Site.
Contest
Should the Site contain contests that offer prizes or that require you to send
information about yourself, you shall read and agree their own rules before
enter.
Typographical Errors
The information, software, products, and services included in or available
through the Site may include inaccuracies or typographical errors.
In the event a SIM2 product is listed at an incorrect price due to typographical
error or error in pricing information received from our suppliers, SIM2 shall
have the right to refuse or cancel any orders placed for products listed at
the incorrect price. SIM2 shall have the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card has
already been charged. If your credit card has already been charged for the
purchase and you order is cancelled, SIM2 shall issue a credit to your credit
card account in the amount of the incorrect price.
Kids (Under Age 16)
Kids under 16 years old (“Kids”) should ask their parents or guardian
before buying anything online, sending in any information, joining any club
or group, posting any information on any bulletin board or entering any chatroom.
Kids should also ask their parents or guardian before e-mailing the Site, or
asking us to e-mail anything to them, or entering any contest or game that
requires information about them or offers a prize.
Availability of Products and Services
Services and products displayed on the Site may not be available for purchase
everywhere and at anytime. You should check with your local SIM2 authorised
representative for the availability of specific products and services in
your area.
Indemnification
You agree to defend, indemnify, and hold SIM2 and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party suppliers
of information and documents, advertisers, product and service providers,
and affiliates (collectively, "Affiliated Parties") harmless from
and against any and all liability, loss, claim and expense related to your
violation of these Terms and Conditions of Use or the foregoing representations,
warranties, and covenants.
You will co-operate as fully as reasonably required in SIM2's defence of any
claim. SIM2 reserves the right, at its own expense, to assume the exclusive
defence and control of any matter otherwise subject to indemnification by you
and you shall not in any event settle any matter without the written consent
of SIM2.
Non-transferrable.
Your right to use the Site is not transferable or assignable. Any password
or right given to you to obtain information or documents is not transferable
or assignable.
Disclaimer of Warranties and Damages.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED "AS IS" WITH
NO WARRANTIES WHATSOEVER.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT ON THIS
SITE SIM2 AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER
HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED WITHIN THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. SIM2 AND/OR ITS AFFILIATED PARTIES HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE
AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT SIM2 SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA
SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO
THROUGH THE SITE. YOU SPECIFICALLY AGREE THAT SIM2 IS NOT RESPONSIBLE OR LIABLE
FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT
OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SIM2 IS NOT RESPONSIBLE FOR ANY
CONTENT SENT USING AND/OR INCLUDED IN THE SITE BY ANY THIRD PARTY.
Limitation of Liability.
IN NO EVENT SHALL SIM2 AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF SIM2 OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
PRIVACY POLICY
SIM2 is committed to protecting your privacy.
This Site is designed for you, the customer, and your interests. It is SIM2's
goal to assist you and make your online experience at SIM2.com as informative
and pleasurable as possible. SIM2 has created this privacy statement in order
to demonstrate our firm commitment to individual privacy.
This notice describes our privacy practises. By purchasing a product or service,
submitting a warranty card, participating in our websites, or otherwise providing
us with your Personally Identifiable Information, meaning individually identifiable
information such as your e-mail address, name, mailing address, telephone number,
social security number, credit card number which is associated with individually
identifiable information (“PII”), you are accepting the practises
described in this Privacy Policy. These terms and conditions are subject to
change from time to time, so you should review them for changes periodically.
If we decide to materially change our privacy policy, your continued use of
the SIM2 Website constitutes your agreement to any such changes. Please note
that anonymous data from which you cannot be identified is excluded from the
restrictions described in this Privacy Policy.
Your Privacy
The guidelines contained herein only apply to your visits to www.sim2.com,
which is operated by SIM2. Other websites which are linked to/from www.sim2.com
(including other SIM2 affiliates, other SIM2 websites, and via banner ads)
may have different policies; therefore, please review the privacy policy
notices on those websites for details.
While SIM2 does not generally require that you provide us with PII in order
to visit and use the SIM2 websites, please note that in order to participate
in some activities, it will be necessary for you to provide this information.
If you choose not to provide it for those activities, you may not be able to
participate in them.
SIM2’s use of the information that
you provide
Use of Cookies
SIM2 might uses "cookies" to help you personalise your online experience.
A cookie is a text file that is placed on your hard disk by a Web page server.
Cookies cannot be used to run programs or deliver viruses to your computer.
Cookies are uniquely assigned to you, and can only be read by a web server
in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature
to save you time. For example, if you personalise SIM2's pages, or register
with SIM2 sites or services, a cookie helps SIM2 to recall your specific information
on subsequent visits. This simplifies the process of recording your PII, such
as billing addresses, shipping addresses, and so on. When you return to SIM2,
the information you previously provided can be retrieved, so you can easily
use the SIM2 features that you customised.
You have the ability to accept or decline cookies. Most Web browsers automatically
accept cookies, but you can usually modify your browser setting to decline
cookies if you prefer. However, if you block or erase cookies, we may not be
able to restore any preferences or customisation settings you previously specified,
and our ability to personalise your online experience would be limited. Please
refer to your browser instructions or "help" screen to learn more
about these functions.
Use of Web Beacons
SIM2 Web pages may contain electronic images known as Web beacons - sometimes
called single-pixel gifs - that allow SIM2 to count users who have visited
those pages and to deliver co-branded services. SIM2 may include web beacons
in promotional e-mail messages or SIM2 Newsletters in order to count how many
messages have been opened and acted upon. Web beacons are not used to access
your PII on the SIM2 network of sites and services; they are a technique we
use to compile aggregated statistics about SIM2 Web site usage.
Web beacons collect only a limited set of information including a cookie number,
time and date of a page view, and a description of the page on which the Web
beacon resides. SIM2 Web pages may also contain Web beacons placed there by
third parties to help determine the effectiveness of our joint promotional
or advertising campaigns
Furthermore, SIM2 may ask you to provide PII to enable you to fill out a registration,
to participate in contests, chatrooms, on bulletin boards, or to order products
and services using this Site. SIM2 may combine the information you provide
on our websites with other information we may collect from you offline or from
third parties so that we can more effectively tailor our website, services,
and offerings to you. If you provide SIM2 with PII, you shall have the right,
to inspect, change, amend, or delete such information as specified in paragraph “Consent
to Processing”.
Exceptions
Unless it is for the purposes you have requested or originally agreed, SIM2
will not share the PII you provide on the Site with any other parties, except
(a) with your consent; (b) as may be required by law or court order; (c) to
persons or companies with whom SIM2 contracts to carry out the internal operations
of the website or our business; or (d) under exigent circumstances to protect
the personal safety or property of our users, the public, or ourselves.
With your prior consent
SIM2 may share, with your prior consent, your PII with other affiliated SIM2
companies -- i.e., (i) any company of which more than 50% of its outstanding
shares are owned by SIM2, directly or indirectly, or (ii) any company with
the name "SIM2" as a part of its trade name -- who may want to contact
you about products, services, or other offerings that may be of interest to
you. Additionally, only with your consent, SIM2 may share your PII with specific
third parties outside of the SIM2 group of companies who may want to contact
you about products, services, or other offerings that may be of interest to
you.
Please consult the respective privacy policies of each of these companies for
information as to their own privacy policy. If you consent to receiving communications
from any of these affiliated SIM2 companies, or third parties, you will need
to communicate with them directly if you later decide that you no longer wish
to receive their communications. Until we advise you, except as indicated above
for the initial decision made with your consent to share your PII with SIM2
affiliates and/or specific third parties outside of the SIM2 group of companies,
changes or amendments to your PII must be given both to SIM2 and to each such
SIM2 affiliate or other company directly, as these changes, amendments, and/or
deletions will not be exchanged among SIM2 and other SIM2 affiliates or third
parties.
Anonymous Information
“Anonymous Information" refers to information that cannot be tied
back to a specific individual such as, but not limited to, visitors' hobbies,
interests, purchasing habits, music and preferences. For instance, we may know
that 10,000 people visit this Privacy Policy today, but we do not necessarily
know their names, where they live, or their date of birth. SIM2 may aggregate,
collect, and maintain Anonymous Information about the visitors to our websites.
SIM2 may share such information about our visitors with advertisers, business
partners, sponsors, and other third parties; for example, to inform them about
the percentage of visitors within a particular age range or about the percentage
of male/female visitors.
Security
SIM2 operates secure data networks protected by industry standard firewall
and password protection systems. Our security and privacy policies are periodically
reviewed and enhanced as necessary, and only authorised individuals have
access to the information provided by our users. SIM2 takes steps to ensure
that your information is treated securely and in accordance with our Terms
and Conditions and this Privacy Policy. Unfortunately, no data transmission
over the Internet can be guaranteed secure. As a result, while we strive
to protect your PII, we cannot guarantee the security of any information
you transmit to us or from our online products or services, and you use these
services at your own risk.
Credit card numbers are used only for processing payment and are not used for
other purposes. However, sending a message to SIM2 does not cause SIM2 to have
any special responsibility to you.
Children (Under the Age of 13)
SIM2 does not knowingly collect or solicit Personally Identifiable Information
from or about children under 13 except as permitted by law. If we discover
we have received any information from a child under 13 in violation of this
policy, we will delete that information immediately. If you believe SIM2
has any information from or about anyone under 13, please contact us at the
address listed below.
A parent can review and have deleted the child's personal information, can
refuse to permit further collection or use of the child's information, and
can revoke or limit consents previously given. For instructions on how to do
so, please send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it..
Consent to Processing
By providing any PII to the Site, all users fully understand and unambiguously
consent to the collection and processing of such information in Italy. SIM2
manages its customer's personal data according to Italian law n° 675
dated 31 December, 1996 concerning personal data protection issued to execute
the Directive 95/46/EC of the European Communities You can always exercise
your rights in accordance to art. 13 of the above-mentioned law.
Changes to the Terms and Conditions, to the Content and to the Privacy Policy
of this Site
SIM2 may modify, remove, or add to, any part of the Terms and Conditions of
Use of this Site, as well as any part of its Privacy Policy at any time, without
notice. Any changes thereof or any terms posted on this Site apply as soon
as they are posted. By continuing to use this Site after any changes are posted,
you are indicating your acceptance of those changes. SIM2 may add, modify,
discontinue, remove, or suspend any other Content posted on this Site, including
features and specifications of products described or depicted on the Site,
temporarily or permanently, at any time, without notice and without liability.
Questions
Should you have any questions or comments about our PII practices or about
this privacy statement, please do not hesitate to send us an e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it.
or to send snail mail to Webmaster, SIM2 Viale Lino Zanussi, 11, Pordenone,
Italy.
For any Customer Service issues with products or services by SIM2 or by other
SIM2 Divisions please visit our Help Page in the Service & Support area
of the web site which includes links to Customer Service and Support for these
divisions.
To report any technical problems with this website, you can e-mail us at: This email address is being protected from spambots. You need JavaScript enabled to view it.
or send snail mail