TERMS & CONDITIONS
Welcome to SIMA RAMA. These Terms & Conditions are subject to change without prior written notice at any time, in Company’s sole discretion, and such changes shall apply to any purchases or viewings made after such changes are posted. Therefore, you should review these Terms of Service prior to each purchase or viewing so you will understand the terms applicable to such transactions. If you do not agree to these Terms & Conditions, do not make any purchases or viewings on the site.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Viewers, Visitors, Registered Users, Subscribers, Billing and Cancellation
Viewers, Visitors and Users.
Private or Public access and viewing of content in SIMA RAMA is at your sole discretion and at your own risk.
All films, content and additional materials in SIMA RAMA are licensed to SIMA RAMA and or have been freely submitted by third parties or registered users for inclusion in SIMA RAMA. Any forms or attempts of reproduction, public exhibition, commercial exploitation or distribution of copyrighted content or materials are prohibited.
All films, content and additional materials submitted by third parties or registered users available via SIMA RAMA do not signify that SIMA RAMA, its parent, affiliates, partners, sponsors, employees or interns endorse them. SIMA has no control over the availability of such content.
The use of any information, films, content, materials or resources provided in connection with SIMA RAMA is entirely at your own risk. Those using SIMA RAMA content and materials are encouraged to check their suitability for consumption carefully.
Every effort is made to keep the films, content and access to additional materials running smoothly. However, SIMA takes no responsibility for, and will not be liable for, any site or content being temporarily unavailable due to technical or other issues beyond our control. In no event is SIMA liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of SIMA RAMA, its contents and associated materials.
The failure of SIMARAMA to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SIMA and govern your use of the Service, superseding any prior agreements between you and SIMA RAMA (including, but not limited to, any prior versions of the Terms of Service).
Any new features that augment or enhance SIMA RAMA, including the release of new films, tools and resources, shall be subject to the Terms of Service. Continued use of SIMA RAMA after any such changes shall constitute your consent to such changes.
Questions about the Terms of Service should be sent to [email protected].
Becoming a Registered User.
You may register as a SIMA RAMA registered user of the Website (a “User”). To become a User, submit your request via the SIMA RAMA contact form and respond to the SIMA RAMA registration e-mail sent to the e-mail address provided by you, by submitting the requested assets, materials and deliverables(“Content and Associated Materials”) via the online form sent to you and completing payment of the invoice via credit card or paypal for your requested duration of use. Your SIMA RAMA screening space (“page”) will be created only upon acceptance of your submitted assets and successful completion of payment due. By submitting your Content and Associated Materials via the provided form you agree to be legally bound by the SIMA RAMA User Agreement. Please review it carefully before submitting.
If you request a recurring monthly or yearly SIMA RAMA subscription, billing will continue unless and until you cancel your subscription. You must have Internet access and provide us with a current, valid, accepted method of payment via Credit Card or PayPal to use the SIMA RAMA service. We will bill the subscription fee to your credit card or PayPal account. You must cancel your subscription before it renews in order to avoid billing of the next period’s subscription fees to your credit card or PayPal account.
You will not receive a notice from us that the paying portion of your subscription has begun. We will continue to bill your credit card or PayPal account for your subscription fee until you cancel.
By becoming a SIMA RAMA user, you authorize us to charge you a user fee at the then current rate, and any other charges you may incur in connection with your use of the SIMA RAMA service to your credit card or PayPal account.
By starting your SIMA RAMA subscription, you authorize us to charge you a monthly or an annual subscription fee at the then current rate, and any other charges you may incur in connection with your use of the SIMA RAMA service to your PayPal account.
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms & Conditions, any price changes to your service will take effect following email notice to you.
The subscription fee for our service will be billed at the beginning of the paying portion of your subscription unless and until you cancel your subscription. We automatically bill your PayPal account monthly or yearly on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your PayPal account has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your PayPal account on a day in the applicable month or such other day as we deem appropriate. For example, if you started your SIMA RAMA monthly subscription or became a paying member on January 31st, your next payment date is likely to be February 28th, and your PayPal account would be billed on that date. Your renewal date may change due to changes in your Subscription.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
You may edit your PayPal account information and payment methods by visiting PayPal. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your PayPal account information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the PayPal account, as it may be updated. This may result in a change to your payment billing dates. You may find, update, and cancel billing information about your SIMA RAMA subscription by visiting your account with PayPal. For certain PayPal accounts, you may be charged a foreign transaction fee or other charges. Check with your PayPal account for details.
You may cancel your SIMA RAMA subscription at any time, and you will continue to have access to the SIMA RAMA service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS. To cancel contact [email protected]
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. SIMA RAMA reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. SIMA RAMA is not obligated to credit or discount a payment or subscription for holds placed on the account by either a representative of SIMA RAMA, or by the automated processes of SIMA RAMA.
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the SIMA RAMA service. These Applications may import data related to your SIMA RAMA account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and SIMA RAMA is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY SIMA RAMA AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
Use of Information Submitted.
SIMA RAMA is free to use any comments, information, ideas, concepts, reviews, techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the SIMA RAMA service, including the SIMA RAMA website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the SIMA RAMA service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note SIMA RAMA does not accept unsolicited materials or ideas for movies, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to SIMA RAMA. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against SIMA RAMA and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your content submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your content submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any submitted content. You are solely responsible for any audiovisual materials, comments, statements, descriptions you make and their accuracy. We take no responsibility and assume no liability for anything posted that was submitted by you or any third-party.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
If you need assistance with your account,please refer to the FAQ provided on the SIMA RAMA Website or contact [email protected]. There you will find the answers to many frequently asked questions.
Any promotion code or offer provided on the Website or via any Device cannot be used in conjunction with any other promotion code or offer, past or present.
Indemnity by you.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
Disclaimer of Warranties; Limitations of Liability.
COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY FILMS MADE AVAILABLE ON THIS SITE. FILMS AND RESOURCES ARE PROVIDED OR SOLD “AS IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE OF OUTBOUND LINKS AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall SIMA Studios, SIMA RAMA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless SIMA RAMA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If you have questions or concerns regarding this statement, you should contact our privacy staff at [email protected].
The Information We Collect.
When you visit or submit a contact request via SIMA RAMA you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Website use information collected by us as you interact with our Website.
When you register with SIMA RAMA, you provide us with certain personal information, such as your name, your email address, and any other personal or preference information that you provide to us.
When you enter SIMA RAMA, we collect your browser type and IP address. This information is gathered for all SIMA RAMA visitors. In addition, we store certain information from your browser using “cookies.” A cookie is a piece of data stored on the user’s computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.
When you use SIMA RAMA, you may set up your personal profile, connect your Facebook account, make comments, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features.
You post your own private or personal information on the Website at your own risk. Please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that information you post on the Website will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You understand and acknowledge that, even after removal, copies of user information may remain viewable in cached and archived pages or if other Users have copied or stored your information.
If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend’s email address. We will automatically send your friend a one-time email or instant message inviting them to visit the site. SIMA RAMA stores this information to send this one-time invitation, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at [email protected] to request that we remove this information from our database.
By using SIMA RAMA, you are consenting to have your personal data transferred to the United States of America and processed.
Use of Information Obtained by SIMA RAMA.
When you become a registered user with SIMA RAMA we may occasionally use your name and email address to send you notifications regarding new services offered by SIMA RAMA and other relevant SIMA programs that we think you may find valuable.
Profile information is used by SIMA RAMA primarily to be presented back to and edited by you when you access the service.
SIMA RAMA will send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails by contacting [email protected], though SIMA RAMA reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.
SIMA RAMA may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as aggregating how many people in a network like a movie and personalizing advertisements and promotions so that we can provide you with SIMA RAMA.
We may use information about you that we collect from other sources, including but not limited to Social Network Platforms where we have a presence, newspapers and Internet sources such as blogs, instant messaging services, Social Network Platform developers and other users of SIMA RAMA, to supplement your profile. Where such information is used, we generally allow you to specify that you do not want this to be done or to take other actions that limit the connection of this information to your profile.
Legal basis for handling information.
Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals. This includes:
- Providing a safe and enjoyable user experience
- Constituent service
- Marketing, e.g. sending emails or other communications to let you know about new products, events, and services
- Protecting our users, personnel, and property
- Analyzing and improving our websites and services, e.g. collecting information about how you use our services to optimize the design and placement of certain features
- Managing legal issues
- Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.
- Consent: Where required by law, and in some other cases, we handle personal data on the basis of your implied or express consent.
Sharing Your Information with Third Parties.
We do not provide contact information to third party marketers without your permission. We share your information with third parties only in limited circumstances where we believe such sharing is 1) reasonably necessary to offer the service, 2) legally required or, 3) permitted by you. When you use SIMA RAMA, certain information you post or share with third parties (e.g., a friend or someone in your network), such as personal information, comments, messages, listings or other information, may be shared with other users in accordance with the privacy settings you select. All such sharing of information is done at your own risk. Please keep in mind that if you disclose personal information in your profile or on your SIMA RAMA page or when posting comments, messages, listings or other items , this information may become publicly available.
Changing or Removing Information.
Individuals who wish to deactivate their SIMA RAMA account and or remove information may do so by contacting [email protected]. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to visitors or users of SIMA RAMA.
SIMA RAMA takes appropriate precautions to protect our users’ information. Your account information is located on a secured server behind a firewall. When you enter sensitive information, we encrypt that information using secure socket layer technology (SSL). (To learn more about SSL, go to http://en.wikipedia.org/wiki/Secure_Sockets_Layer). Because email and instant messaging are not recognized as secure communications, we request that you not send private information to us by email or instant messaging services.
Your data rights.
You can unsubscribe from certain emails by clicking the “unsubscribe” link they contain. You can opt out from certain cookie-related processing by changing the proper settings in your browser. Individuals in the European Economic Area, Canada, Costa Rica and some other jurisdictions outside the United States have certain legal rights to obtain confirmation of whether we hold personal data about them, to access personal data we hold about them, and to obtain its correction, update, amendment, or deletion in appropriate circumstances. They may also object to our uses or disclosures of personal data, to request a restriction on its processing, or withdraw any consent, though such actions typically will not have retroactive effect. They also will not affect our ability to continue processing data in lawful ways.
Contacting the Web Site.