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OnlySimchas.com Terms
of Service
1. INTRODUCTION Welcome to the OnlySimchas.com
Web Site (the "Site"), provided to you by OnlySimchas,
Inc. ("OnlySimchas"). Please review the following terms
of service before using this Site.
This agreement, and any other terms
and conditions posted on any individual page of this
Site, governs the user and Member services on the Site.
Use of this Site constitutes acceptance of these terms
and creates a binding legal agreement wherein you agree
to use the Site in a manner consistent with all
applicable laws and according to the terms
and conditions listed below.
2. COPYRIGHT AND TRADEMARK INFORMATION
OnlySimchas is a registered trademark, and other
OnlySimchas product names, service names, slogans or
logos referenced in this Site are trademarks or
registered trademarks of OnlySimchas. All other company,
product or service names referenced in this Site are
used for identification purposes only and are trademarks
of their respective owners.
All images, text and any other content on this site
are protected by copyright, trademark, patent or other
proprietary rights and laws. Each Member owns the images
and text contained in his/her Member Album. OnlySimchas
reserves its rights in and to all other content
contained in the Site. Unless otherwise noted, all
content, other than the Member's Albums, is copyright
©OnlySimchas, Inc. All Rights Reserved.
3. PRICE AND PAYMENT OnlySimchas membership is
free, with no obligation of purchase.
4. TERMS
OF MEMBERSHIP Membership is available to anyone who
provides all required information including your name,
and an accurate and legitimate email address. In
addition, each member can create an OnlySimchas password
for future access to the Site. The Member will then be
able to create one or more albums ("Member Album") by
uploading their digital photographic files (the
"Photos") to the Site.
(a) Members may only have one active
membership at OnlySimchas.com. "Active membership"
means one individual person may have only one member
account. An individual member may not have multiple
accounts but may have multiple Member Albums so long
as the total amount of stored data does not exceed the
maximum allowed storage capacity at any one time.
(b) In order to view a Member Album, registration
is NOT required.
(c) Membership is non-transferable.
(d) Membership and the OnlySimchas service is also
governed by the OnlySimchas Privacy Statement. Please
click here to review our Privacy Statement.
(e) Members may view and order prints of the Photos
contained in an Album. They may also insert comments
or messages in a "guest book" viewable by everyone who
accesses an Album.
(f) All use of this Site is subject to the
following:
(i) Members' Photos may not be modified
or altered in any way, except by the owner of the
Photos, or by the OnlySimchas team with explicit permission of the owner. (With the exception of digital correction, which can be performed by our technicians to enhance flawed images)
(ii) Except as expressly provided herein, you may
not use, download, upload, copy, print, display,
perform, reproduce, publish, license, post, transmit
or distribute any materials from this Web site in
whole or in part without the prior written
permission of OnlySimchas.
OnlySimchas claims no ownership rights in the
content you place on your OnlySimchas albums. For
the sole purpose of displaying images to selected
persons, and to fulfill your or another member's
print order, Members grant to OnlySimchas, Inc. a
non-exclusive, worldwide, royalty-free license to
use, download, upload, copy, print, display,
reproduce, modify, publish, post, transmit and
distribute any material included in a Member's
Album. By posting on OnlySimchas.com or Futuresimchas.com Members grant Onlysimchas.com, Inc a royalty-free, nonexclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform, display and otherwise use the submissions for any purpose, including, but not limited to, advertising and promotional purposes. No credit or compensation is due to Members for such use.
5. GUIDELINES FOR MEMBERS (a) OnlySimchas does
not control the content of any Member Album and does not
have any obligation to monitor such content. Therefore,
all content is the responsibility of the Member, not
OnlySimchas.
(b) OnlySimchas makes no express or implied
warranties about the reliability of the albums, and is
not responsible for any damage caused by loss, deletion
or alteration of albums. Members are responsible for
monitoring and creating backups of all album content.
(c) Unacceptable actions and content on the Site,
listed below, will constitute grounds for blocking
access, removal of posted material and/or membership
termination. It is a condition of your use of the Site
that you do not:
(i) Upload, post, email or otherwise
transmit any content that is unlawful, harmful,
threatening, harassing, defamatory, obscene, vulgar,
invasive of another's privacy, hateful, or otherwise
objectionable;
(ii) Upload, post, email or otherwise transmit any
content that you do not have a right to transmit under
any law or under contractual or fiduciary
relationships (such as inside information, proprietary
and confidential information learned or disclosed as
part of employment relationships or under
nondisclosure agreements) or any content that
infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party;
(iii) Harm minors in any way;
(iv) Forge headers or otherwise manipulate
identifiers in order to disguise the origin of any
content transmitted through the Site;
(v) Upload, post, email or otherwise transmit any
material that contains software viruses or any other
computer code, files or programs designed to
interrupt, destroy or limit the functionality of any
computer software; upload, post, email or otherwise
transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation;
(vi) Interfere with or disrupt (or attempt to
interfere with or disrupt) the Site or servers or
networks connected to the Site, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Site;
(vii) Exhibit expressions of abuse, offensive
language and imagery, obscenity, or pornography,
including, but not limited to, child abuse, child
pornography, depictions of minors engaged in sexual
conduct or explicitly sexual situations, or any other
material that could give rise to any civil or criminal
liability under applicable state or federal law, or
violating any laws or regulations of any governing
body having jurisdiction over OnlySimchas, Inc., its
affiliates or users.
(viii) Any materials inconsistent with the values
of the spirit of the OnlySimchas community.
(ix) Upload, post, email or otherwise transmit any
redundant information which is inserted in our
databases, indices and other forms of data storage.
6. TERMINATION OF MEMBERSHIP SERVICE (a)
OnlySimchas may terminate Membership and delete any and
all information, communications, postings, albums and
image files at any time, without notice, for conduct
violating this Agreement or other policies or guidelines
set forth by OnlySimchas elsewhere on the Site.
(b) OnlySimchas may terminate Membership and delete
any and all information, communications, postings,
albums and image files at any time, without notice, for
online conduct that OnlySimchas believes is harmful to
other Members, the business of OnlySimchas, or other
third party information providers.
(c) OnlySimchas reserves the right at all times to
disclose any information posted by you or any other user
as necessary to satisfy any law, regulation or
governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in
part, that in OnlySimchas's sole discretion are
objectionable or in violation of these terms
and conditions.
7. DISCLAIMER OF WARRANTY AND LIMITATIONS OF
LIABILITY (a) OnlySimchas hereby disclaims any and
all responsibility or liability for the accuracy,
content, completeness, legality, reliability, or
operability or availability of information or material
in this Site. OnlySimchas further disclaims any
responsibility for the deletion, failure to store,
misdelivery, or untimely delivery of any information or
material. OnlySimchas disclaims any responsibility for
any harm resulting from downloading or accessing any
information or material through the Site. You, the
Member, will bear all risk associated with any content
that you access. Your accessing of any content made
available by or through OnlySimchas and third parties is
subject to your agreement to this provision and these Terms
and Conditions.
(b) THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED
THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED.
TO THE FULLEST EXTENT PERMITTED BY LAW, OnlySimchas
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THIS SERVICE. OnlySimchas
DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR
ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR
THROUGH ANY LINKS PROVIDED IN THE SITE. OnlySimchas
SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY
LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE
OBTAINED THROUGH THE SITE.
(c) YOU, THE MEMBER, UNDERSTAND AND AGREE THAT ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD
OF SUCH MATERIAL.
(d) UNDER NO CIRCUMSTANCES SHALL OnlySimchas BE
LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR
MISUSE OF AND RELIANCE ON THE SITE OR ITS ASSOCIATED
PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY
SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND
PUNITIVE DAMAGES (EVEN IF OnlySimchas HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF
LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE
OR MISUSE OF AND RELIANCE ON THE SITE, PRODUCTS OR
SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR
RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS
WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
(e) THE FOREGOING DISCLAIMERS, WAIVERS AND
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
(f) FILM PROCESSING, LIMIT OF LIABILITY AND REMEDY.
All processing of film, prints, slides, negatives or
digital images is subject to OnlySimchas, Inc.'s Terms
of Service. Submitting any film, print, slide, negative
or digital image to OnlySimchas, Inc. for processing,
printing, storage, transmission or other handling
constitutes an agreement by you that any damage or loss
by OnlySimchas, Inc., its subsidiaries, employees, or
agents, even if caused by negligence or other fault,
will only entitle you to replacement with a like amount
of unexposed film and processing. Except for the
exclusive remedy of replacement, the handling of any
film, print, slide, negative or digital image is without
warranty or liability and recovery for any incidental or
consequential damages is excluded.
8. GOVERNING LAW (a) All legal issues arising
from or related to the use of this Site shall be
construed in accordance with, and all questions with
respect thereto shall be determined by, the laws of the
State of New Jersey without regard to conflicts of law
principles. By using this Site and agreeing to these Terms
and Conditions, you consent to personal jurisdiction and
venue in the state and federal courts located in and
serving Bergen County, New Jersey with respect to such
disputes arising out of or relating to these Terms
and Conditions or your use of the Site.
9. INDEMNITY By using this web site you agree
to indemnify OnlySimchas and its parents, subsidiaries,
affiliates, directors, officers, consultants and
employees and hold them harmless from any and all claims
and expenses, including attorney's fees, arising from
your use of this Service.
10. MODIFICATION OF TERMS
OnlySimchas reserves the right to change this
policy at any time, for any reason, and without notice,
including the right to terminate these services.
Therefore, it is your responsibility to use this Site
only for the purpose in which it was intended. Any use
of the Site not in accordance with the intended purpose
is prohibited.
11. ENTIRE AGREEMENT These Terms
of Service constitute the entire agreement between the
you, the Member, and OnlySimchas with respect to the
subject matter contained herein and supersedes any other
agreement, proposals and communications, written or
oral, between OnlySimchas's representations and you with
respect to the subject matter hereof, except that any
other terms
and conditions located on any individual site associated
with OnlySimchas are incorporated herein by this
reference to the extent they do not conflict with these
Terms
of Service.
12. VIOLATIONS OF TERMS
OF SERVICE Should you violate these Terms
of Service or any other rights of OnlySimchas,
OnlySimchas reserves the right to pursue any and all
legal and equitable remedies against you, including,
without limitation, terminating any and all user
accounts. If OnlySimchas should fail to enforce any
right or provision in these Terms
of Service, you agree that this failure does not
constitute a waiver of such right or provision or of any
other rights or provisions in these Terms
of Service. If a court should find that one or more
rights or provisions set forth in these Terms
of Service are invalid, you agree that the remainder of
the Terms
of Service shall be enforceable and that, to the extent
permitted by law, the court shall give effect to the
parties' intentions, as reflected in any such right or
provision that has been declared invalid or
unenforceable.
13. REPORTING VIOLATIONS OF THESE TERMS
OF SERVICE Any violations of these Terms
of Service should be immediately reported to OnlySimchas
by email to our Abuse
Department.
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