Last Updated: October 10, 2023

1 Use of the Website

Your use of the Website, www.simpbay.com, is subject to the Terms of Use and Privacy Policy, which constitute a legal agreement between you ("You") and the Website owner ("Us," "We," or "Our"). By accessing or using the Website, you agree to be bound by these Terms. It is important that you carefully review both the Terms of Use and Privacy Policy. Failure to comply with these Terms may result in termination of your access to the Website. No one is allowed to use the Website or any related services without entering into this binding legal contract with Us. We advise you to read and fully understand these Terms before accessing the Website.

2 Age and Competence

By accessing the Website, you confirm that you are at least 18 years old and have met the legal age requirement specified by the jurisdiction you reside in and the jurisdiction where you are accessing the Website. You also confirm that you possess the legal capacity to enter into binding contracts, including these Terms. You further confirm that you are not under any obligation or disability that would prevent you from fulfilling these Terms.

3 Using the website for lawful purposes and actions

You represent and warrant that all of your purposes for doing so are lawful and do not involve any harmful actions or intent towards any person. You further represent and warrant that you will not use the information or functionality on this website to violate any laws, commit any torts, or harm any person.

This includes refraining from engaging in any actions that may interfere with or disrupt the normal functioning of the Website. Additionally, you agree not to use the Website to disseminate or activate any form of malware, engage in advertising or spam activities, or initiate any illegal acts.

4 Personal Use

You agree that all of your activities are for personal purposes only, such as self-education and personal recreation. Your use of the Website is not permitted for any official, public or private operations, investigations, businesses, or professions. You further agree not to allow anyone else to use the Website in your name or impersonating you, and you will not allow minors to access the Website intentionally or negligently.

5 Intellectual Property

Your use of the Website is subject to the condition that you will not violate or infringe upon any copyrights, trademarks, trade secrets, or any other intellectual property rights of ours or any other person. You further agree that you will not use the Website for any purpose that would infringe upon the right of publicity or privacy of any person, or for any other unlawful or unauthorized activity.

6 Prohibited Sexually Explicit Content

You are strictly prohibited from using the Website to generate, upload, post, display, or transmit in any manner any content that is legally considered obscene. Furthermore, you may not use the Website to generate, upload, post, display, or transmit any form of child pornography. Additionally, you are not allowed to use the Website to generate, upload, post, display, or transmit any image or images that depict one or more actual persons engaged in actual or simulated bestiality, sadistic or masochistic abuse, or the lascivious exhibition of any person's genitals or pubic area.

7 Enforcement of Rules

We have the sole discretion to create and publish policies, as well as enforce rules related to the proper use of the Website and any information or functionality it provides. We reserve the right to implement these policies, enforce our rules, and take appropriate action, such as revoking your limited license, terminating this Agreement, and prohibiting you from accessing or using the Website or its information or functionality. We may exercise these rights through any reasonable means at our disposal.

8 Alteration of these Terms

We reserve the right to make changes, modifications, or alterations to the rules, terms, and conditions under which the Website operates as we deem necessary or appropriate. These changes may be made at any time and without prior notice. It is your responsibility to regularly review these terms and conditions to stay informed of any updates or changes.

9 Intellectual Property

You acknowledge and agree that we, the owners of the Website, have exclusive rights to all aspects of the Website as our intellectual property. This includes but is not limited to the design, layout, content, graphics, and other elements of the Website. You further acknowledge and agree that the Terms do not grant you any ownership or property interest in any portion of the Website or any digital equipment used for or in connection with the operation of the Website. The limited, revocable, and non-transferable license granted to you under the Terms solely allows you to access and use the Website as provided.

10 Risk Assumptions

We cannot guarantee or warrant the accuracy or completeness of any information or content found on, or accessible through, the website to you. By using the website, you agree to rely on any information and functionality at your own risk, understanding that errors may remain undetected or uncorrected at any given time. Furthermore, we cannot assure the compatibility of the website or its functionality with your computer, other digital hardware, software, or the protocols employed by your hardware or software.

We cannot make warranties or representations about the benefits or opportunities you might derive from the Websites use. The Website is offered to you as-is, without any express or implied guarantees regarding the accuracy of any content or material thereon. Furthermore, we don't assert that the Website will be continuously accessible, secure or error-free.

We cannot be held responsible for any issues related to our website or the internet, including but not limited to any failure, delays, or theft of files caused by events outside of our control. Additionally, we are not liable for any damages to your computer or other devices resulting from your use of our website. Our responsibility does not extend to losses or damages incurred by you or anyone else as a result of using our website or any information or functionality provided through it.

11 Enforcement and Remedies

In the matter of this Agreement, if You or We fail to exercise any right, option, or enforce any provision, it does not nullify or waive any part of the Agreement. Additionally, it does not prevent the party involved from exercising options or enforcing provisions in the event of similar or future disputes or breaches. In the event of a case regarding this Agreement, the court must consider Our reasonable business judgment. If we pursue legal action against you following a breach of our intellectual property rights, consider the damaging potential if such rights are violated again. We can receive temporary, preliminary, or permanent injunctive relief to protect our intellectual property rights, without any requirement of a bond. In a case under this Agreement, the court may award reasonable costs and legal expenses, including attorneys’ fees, to those who substantially succeed in their case.

12 Class Action Waiver

By using our services, you freely give up any right you may have to combine any of your claims with those of others in a class action format or any similar process, to the maximum extent allowed by law. Any person connected to you agrees to individually present any claim they may hold against us. This applies to any claim against our successors, assigns, officers, directors, managers, employees, agents, representatives, and shareholders. These claims must be made as an individual, not as part of a group or class.

13 Litigation by or Against Others

The terms of Section 3.3.1 and of each subsection thereunder also govern litigation involving Us or Our heirs, assigns, officers, directors, managers, employees, agents, representatives, or shareholders where You are not Our adversary but involve those claiming under You or for whom You are responsible. The additional terms of this Section 3.3.2 and of each subsection hereunder govern Your obligations to Us with respect to disputes, investigations, litigation, litigation, and other proceedings where You are not Our adversary.

14 Hold Harmless Agreement

You agree to keep Us, our heirs, assigns, directors, managers, employees, representatives and shareholders not responsible for any claims, liabilities, or any reasonable settlement of any liability arising from the use of our Website or any information or functions provided by the Website. In case of any such claims, you agree to indemnify Us and all mentioned parties against any judgement or settlement. Also, you agree to take responsibility for reasonable legal fees due to our or the others' defense against such claims. However, we maintain absolute control over any litigation-related decisions including any decisions concerning settlement or continued litigation.

15 Duration

This Agreement remains valid and binding upon you and us as long as you continue to use the Website, or any information or functionality offered by or through the Website.

You are solely responsible for recognizing and carrying out your obligations as described in this Agreement. Regardless of your knowledge or ignorance of these, You will not hold Us accountable for providing You with explanations or responding to queries concerning your responsibilities. Also, You won't consider Our performance, failure or delay in performing any obligations, or giving notice or making explanations as a waiver of our rights to enforce any given obligation. Neither will you interpret any such action as any form of surrender of our rights to impose said obligations, irrespective of the number of times they occur. We do not owe any responsibility for your unawareness or lack of understanding of any changes or any adverse consequences therefrom. It is your responsibility to regularly check the Website for updates.