Welcome to Simcast (the “Site”), a service provided by ParkLogic Pty. Ltd.
1. TERMS AND CONDITIONS OF USE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS” OR “AGREEMENT”) CAREFULLY BEFORE USING THE SITE, INCLUDING, WITHOUT LIMITATION, ANY TEXT, DESCRIPTIONS, PRODUCTS, SOFTWARE, GRAPHICS, PHOTOS, SOUNDS, VIDEOS, INTERACTIVE FEATURES, SERVICES AND ANY OTHER CONTENT AVAILABLE THEREON OR THERETO, NOW OR IN THE FUTURE, (COLLECTIVELY, AND TOGETHER WITH THE SITE, THE “SERVICE”) SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS WITH RESPECT TO PARKLOGIC PTY LTD., ITS AFFILIATED COMPANIES AND SUBSIDIARIES (INDIVIDUALLY AND COLLECTIVELY, “PARKLOGIC”, “WE” OR “OUR”). We reserve the right, at our discretion, to modify these Terms. We will inform you of any such modifications by posting the latest changes on the Site. Your continued use of the Services following the posting of such changes will mean your acceptance of those changes.
3. SITE USE AND ACCESS
ParkLogic hereby grants you permission to use the Service for personal, noncommercial and informational purposes only, and provided that you comply with these Terms and refrain from the following:
- Copy, modify, distribute, transmit, publicly display, publicly perform or create derivative works of any portion of the Service;
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any part of the Service;
- Frame, hyper-link, or otherwise interfere with or in any manner disrupt, circumvent, overburden or compromise any part of the Service;
- Use the Service (including, but not limited to, any chat room, forums or communication systems provided by or available through the Service) or any content thereon to promote, conduct, or contribute to activities that in ParkLogic’s sole discretion are fraudulent, obscene, pornographic, commercial, inappropriate or illegal, or which promotes hatred towards any group of people;
- Disrupt servers or networks connected to the Service or interfere with the access, use or enjoyment of this Service by others, including, but not limited to, causing greater demand on the Service than is deemed reasonable by ParkLogic;
- Use any method to intercept or expropriate any system data or information from the Service;
- Use any robot, spider, other automatic device, or manual process to crawl, index, or copy the Service or the content contained herein;
- Decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Service; - Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks;
- Link, upload, post, email, transmit or otherwise make available any content that (a) you do not have a right to make available under any law, or under any contractual or fiduciary relationships, (b) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Service;
- Use the communication systems provided by the Service for any commercial solicitation purposes, or link, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in connection with the Service;
- Link, upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, viruses, malware, bots, files or programs designed to interrupt, damage, disable, overburden, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with, damage, disable, overburden, impair, destroy, limit the functionality of or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies of networks connected to the Service;
- Violate any applicable local, state, national or international law, rule or regulation, or harm ParkLogic or any other person or entity; or
- Allow or facilitate any third party to do any of the foregoing.
ParkLogic will have the right to terminate your access to the Service, in its sole discretion, immediately and with or without cause. ParkLogic may, in its sole discretion and at any time, in any way, for any reason, change or discontinue any part of the Service. Without derogating from the above, you are solely responsible and liable for any activity by any person who uses the Service through your subscription, where applicable. You agree to immediately notify ParkLogic of any unauthorized use suspected by you or any other breach of security known or suspected by you.
4. YOUR SUBMISSIONS
Some of our Services may allow you to upload, submit, store (eg. the Simcast vault), send or receive content (eg. push notifications and email). You retain ownership of any intellectual property rights that you hold in that content. When you upload, submit, store, send or receive content to or through the Service, you give ParkLogic and our partners a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, delivering and improving our Service, and to develop new features. This license continues even if you stop using our Service. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
4.1 THE VAULT
ParkLogic provides the password vault as a service for storing, retrieving and managing passwords for users. Every effort has been made to ensure that all passwords that a user submits are fully encrypted and unreadable to malicious activity or ParkLogic personnel. This means that if you forget your password vault key that ParkLogic will be unable to retrieve any of your passwords. In addition, if at ParkLogic's sole discretion decides to close the service or if there is a technical issue with the service then ParkLogic is NOT liable for the retrieval, reinstatement or ANY damages that may result from a user losing access to the passwords stored in the vault.
5. INTELLECTUAL PROPERTY RIGHTS
As between ParkLogic and you, ParkLogic is the sole owner of the Service, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights in connection thereto. ParkLogic further owns all rights to its logos and trademarks used in connection with the Service. All other logos and trademarks appearing on or through the Service are the property of their respective owners. ParkLogic reserves all rights not expressly granted in and to the Service. You acknowledge that you do not acquire any ownership rights to the Service. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on or through the Service.
6. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND RESPONSIBILITY. NEITHER PARKLOGIC NOR ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF ANY INFORMATION, PRODUCT OR SERVICE PROVIDED THERETO. FURTHERMORE, PARKLOGIC DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SERVICE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SERVICE WILL FUNCTION AS CLAIMED, PARKLOGIC DOES NOT GUARANTEE THAT THE SERVICE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SERVICE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT PARKLOGIC WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS, INCLUDING THOSE THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY DATA OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL ACTS BY EMLOYEES OR UNDER ANY OTHER CAUSE OF ACTION.
7. LIMITATION OF LIABILITY
IN NO EVENT WILL PARKLOGIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, HARM TO GOODWILL OR REPUTATION), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICE, EVEN IF PARKLOGIC SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT PARKLOGIC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES FOR ACCESSING AND USING THE SERVICE SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU, IF ANY, IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PARKLOGIC’S LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND IN SUCH A CASE THE AMOUNT PAID IN THE ONE (1) MONTH PRECEDING SHALL BE CONDSIDERED LIQUIDATED DAMAGES. YOU AND PARKLOGIC AGREE THAT ANY CAUSE OF ACTION (STATUTE OF LIMITATIONS) ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
By agreeing to use the Service, you agree to defend, indemnify and hold ParkLogic, its affiliates and successors, and their respective owners, officers, directors, employees and agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, arising in any way from (i) your use of the Service; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any intellectual property, publicity or privacy right.
9. LINKED SITES
The Company may transfer, assign sublicense or pledge in any manner whatsoever to a third party, any of its rights and obligations under this Agreement, without notifying you or receiving your consent. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement.
11. APPLICABLE LAWS / JURISDICTION
You agree that the laws of Australia, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Service may be subject to other local, state, national, and international laws. You expressly agree that the sole and exclusive jurisdiction and venue for any claim or dispute with ParkLogic or relating in any way to your use of the Service resides in the courts of Melbourne, Australia. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Melbourne, Australia, in connection with any dispute or claim involving ParkLogic or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You further agree to accept service of process directly when sent via any email address you provide to us.
12. PARKLOGIC COPYRIGHT POLICY
ParkLogic respects the legitimate rights of copyright owners, and has adopted an efficient notice and takedown procedure as required by the Digital Millennium Copyright Act (“DMCA”) and described herein. TO COPYRIGHT OWNERS It is our policy to respond to clear, DMCA compliant notices of alleged copyright infringement. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing ParkLogic’s Designated Copyright Agent (provided below) with the following information in writing:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ParkLogic to locate the material; providing URLs in the body of an email is the best way to help us locate content quickly;
- Information reasonably sufficient to permit ParkLogic to contact the complaining party, such as address, telephone number, and, if available, electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Please consider seeking legal advice before submitting a notice. TO PARKLOGIC SERVICE USERS You are not permitted to upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations. Your content may be taken down if ParkLogic receives notice that infringing material has been posted. You will be sent a DMCA compliant notice of the take-down. Please note, however, that ParkLogic respects your legitimate interests in being permitted to present a response to claims of infringement. Therefore, you may protest a DMCA notice by submitting a counter-notification as described below. To be effective, your counter-notification must be a written communication that includes the following, pursuant to 17 U.S.C. Section 512(g)(3):
A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The subscriber’s name, address, and telephone number; and
- A statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, Australia where ParkLogic is located, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please consider seeking legal advice before submitting a counter-notice. DESIGNATED COPYRIGHT AGENT ParkLogic’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: ParkLogic Pty Ltd. Attention: Compliance, Address: PO Box 209, Surrey Hills, Victoria 3127, Australia. Contact form on the website. All notifications and counter-notifications must be submitted in English. In the event that translated materials are submitted, please provide a notarized authorization of the translations. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. For clarity, only DMCA notices should go to the ParkLogic Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to ParkLogic customer service through the support link for the relevant ParkLogic product/website.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of ParkLogic, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If for any reason a court of competent jurisdiction finds any provision of his Agreement or portion thereof to be unenforceable, that provision of this Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. You agree to abide by Australian and other applicable export control laws.