Terms of Use (English)

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Last updated: 15.05.18

Privacy Policy

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This End-User License Agreement (EULA) and the Privacy Policy (Privacy Policy) (together the Terms and Conditions) constitute the legal agreement between You (You or Your) and Simp AS (We, Us or Our) relating to the provision by Us to You of a wireless internet access service (the Service) to be used by You at any venue where the Service is available (a Simp Venue).

Please read this EULA and the Privacy Policy carefully. If You do not accept the Terms and Conditions We will not permit access to the Service and the joining process will immediately terminate. By joining and using the Service, You agree to be legally bound by the Terms and Conditions.

Agreed terms:
Acknowledgements and Consents
(i) You acknowledge that the Terms and Conditions (as may be amended from time to time) apply to the use of the Service (including any future updates to it) by You at any Simp Venue.
(ii) You acknowledge and accept that We may change the Terms and Conditions at any time. All changes (if any) will be communicated to You at any time through a link on the log-in page for the Service.
(iii) You must have obtained the permission of the owner of any computer, tablet, mobile telephone, smart phone or other electronic device (Device) which You use to access the Service (and which is not owned by You) to use the Service. By accepting the Terms and Conditions, You accept responsibility for the use of the Service on any Device whether or not You own it. You accept that You may be charged by Your service provider for internet access through the Device.
(iv) You acknowledge and agree that internet transmissions are never completely private or secure and that any information which You send by using the Service may be read or intercepted by another party even if there is a special notice that a particular transmission is encrypted.
 
(v) You consent to Us collecting and using technical information about Your Device (and any related software, hardware and peripherals) to evaluate, improve or refine the Service in accordance with the Privacy Policy.
(vi) You consent to the transmission, collection, processing, maintenance and use by Us (and Our licensees) of any location data sent from the Device to evaluate, improve or refine the Service in accordance with the Privacy Policy.
(vii) You acknowledge that the internet is separate from the Service and that websites accessed by You via the Service are not under the control of Us and that We are not responsible for and do not endorse their content or privacy policies (if any). You undertake that You will use Your own judgement regarding any interaction with any such website including the purchase of any products or services accessible through them.
(viii) You acknowledge and agree that all intellectual property rights in the Service (and its underlying technology) belong to Us (or Our licensors) and that You have no rights in or to the Service other than the non-exclusive and non-transferrable right to use it in accordance with the Terms and Conditions.

Provision of the Service 
In consideration of You accepting the Terms and Conditions, We agree to provide the Service to You until such time as We cease provision of the Service to You. You may stop using the Service, and We may stop providing the Service at any time.

Acceptable use 
You agree that You will use the Service in accordance with the Terms and Conditions and that You will not (and will ensure that any person using Your Device does not) use the Service for any commercial, unlawful, immoral or malicious purpose, nor will You (nor any person using Your Device) in the course of using the Service:
(i) introduce any code, virus or data which is harmful to the Service or any operating system; or
(ii) transmit, store, publish or upload any electronic material which is likely to cause damage or limit the functionality of any telecommunications equipment or any computer software or hardware; or
 
(iii) infringe any intellectual property right belonging to Us or any other party; or
(iv) send, receive, publish, distribute, transmit, upload, or download any material which is offensive, abusive, defamatory, indecent, obscene, unlawful; or otherwise objectionable; or
(v) invade the privacy of, cause annoyance or anxiety to, or send any unsolicited correspondence to any other person;
(vi) Copy any ideas, features, functions or graphics included in or related to the Simp Services; or
(vii) Post, upload, input, provide or submit any content or marks that You do not control all the rights of.

Limitations and exclusions

(i) The Service is provided to You on an “as is” and “as available” basis and therefore all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Terms and Conditions.
(ii) We shall not be liable to You for any losses (whether direct, indirect or consequential) caused by
failures, errors, delays or interruptions of, in or to the Service.
(iii) We shall have no liability to You if any third-party gains access to Your connection to the Service or
Your Device or destroys or damages any data or information held by You or information about You which is held by Us.
(iv) By this Agreement, I also intend to forever release, discharge, indemnify, and absolve Simp from any and all liability included but not limited;
(a) death or personal injury resulting from Our negligence,
(b) fraud or fraudulent misrepresentation,
(c) Your personal, security, medical, legal or financial decisions, or (d) any other liability that cannot be excluded by law.
(v) To the maximum extent permitted by applicable law, in no event shall Simp and/or its parents, subsidiaries, affiliates, suppliers, stockholders, officers, directors, employees, or agents (referred to collectively as “Affiliates”) be liable for any indirect damages, punitive, incidental, special, consequential damages including without limitation, damages for loss of use, data or profits, arising out of any or in any way connected with the use or performance of Simp Services.

Indemnification
(i) You (or anyone using Your account) agree to indemnify and defend Simp and its affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorney fees and legal cost), arising from or related to:
(a) any information, (including Submissions) which is submitted, posted, or transmitted through Simp Services;
(b) the use of Simp Services;
(c) the violation of these Terms of Use;
(d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights.
 
(ii) Simp reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If We do assume the defense of such matter, You will reasonably cooperate with Simp in such defense.
(iii) Other than Submissions belonging to users, We own or license the content on the Simp Service, including software, text, visual audio (referred together as “Content”) and Simp trademarks, logos, and brand elements (referred to as “Marks”). The Content and Marks are protected under United States and international laws. The name of actual companies and products mentioned herein may be trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Copyright and Intellectual Property Policy
(i) We respect the intellectual property rights of others. If You believe that a user of the Simp Services has infringed Your intellectual property rights, please notify Us in writing, by email or physical mail at our designated agent listed as “contact us” below: (Section 512 of the Copyrights Revision Act, as enacted through the Digital Millennium Copyright Act (DMCA)).
(ii) The notification must include at least
(a) identification of the work claimed infringed,
(b) Your contact info (email, address, phone number),
(c) a statement that You in good faith believe that such infringement is not authorized by copyright owner or the law,
(d) a statement that You are authorized to act on the copyright(s) owner`s behalf; and
(e) Your physical or electronic signature.
(iii) You acknowledge and agree that upon receipt and notice of a claim of infringement, We may immediately remove the identified materials from the SIMP Services without liability.
(iv) Simp does not claim ownership of the materials You provide to Simp. By posting, uploading, inputting, providing or submitting, however, You are granting Simp, its affiliated companies and necessary sub-licenses a worldwide, royalty-free, transferable, perpetual right and license, You agree that
(a) Simp can use Your submission,
(b) Simp has right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and re-format Your submission; and
(c) that You shall defend, indemnify and hold harmless Simp and its affiliates, officers, directors, employees and agents from and against any and all third-party claims in accordance with the rights and licenses granted above.
General
(i) The Terms and Conditions constitute the entire agreement between You and Us as to the provision of the Service and they (and any dispute or claims arising from them) are, irrespective of the location from which the Service is accessed, governed by and shall be construed in accordance with the laws of Norway with the Bergen City Court having exclusive jurisdiction to settle any dispute or claim arising out of or in connection with them.
(ii) You hereby acknowledge that
(a) no joint venture, partnership, employment or agency relationship exists between You and Simp as a result of these Terms of Use or use of Simp Service
(b) Simp’s performance of these Terms of use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Simp’s right to comply with governmental, court and law enforcement request or requirements relating to Your use of the Simp Services;
(c) information provided to or gathered by Simp with respect of such use.

(iii)  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between You and Simp with respect to the Simp Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Simp with respect to the Simp Services.
 
(iv) To the extent Simp may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Simp’s liability will be the minimum permitted under such law.
 
(v) Any notice to be given by Us to You may be given by post or email to any postal or email address given by You. Any notice to be given by You to Us may be given by post to Customer Services:

Contact Us
Simp AS,
 
Sandviksveien 163A
 
5035 Bergen,
Norway

Email: personvern@simp.no
Web: https://simp.no
Phone: (+47) 404 81 404

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