Welcome to SimStreet.com ("Service or SimStreet.com"), a website owned and managed by Sim System Ltd ("Company"). Before you use our Service, you must read these Terms and Conditions ("Terms") carefully. By using our Service you agree to these Terms; if you do not agree, do not use the Service.

1. Description of Service
SimStreet.com is an online Social Networking Website that enables you create your own Social Networks, profiles, upload ("Post") text, music, photos, videos and other content ("Content") and interact with other SimStreet.com Members ("Members"). The Content that forms the website, is generated by the user. The Service may also provide access to products and services provided by independent third parties, which may or may not require agreement, to additional non-Service Terms and Conditions.

2. Registration and Access to the Service
(a) Access to the Social Networking Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Company's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Social Networking Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.

(b) Contracts for our Service. Unless otherwise expressly indicated, no information presented in the Service or in connection with any products and services shall be deemed as a binding offer by Company, but as an invitation for you to order.

(c) Responsibility for the Use of the Service. You are fully responsible for all activities that occur under your password or account. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to notify Company immediately in case you become aware of or suspect unauthorised use of your password or account or Subscription or any other breach of security, and to ensure that you log out of your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you will not use the Service for any commercial purposes.

You must be very careful about the information you post onto SimStreet.com, and the information you provide to other Members. Your SimStreet.com profile, blog, video channel, music channel, and any other areas that display the Content you have posted, must not include: addresses, telephone numbers (including mobile phone, landline and faxes), surnames, and any photographs, videos, music or any other type of content containing violent, harassing, offensive, lewd, nudity, sexually explicit, abusive, indecent, defamatory, obscene, menacing or any other objectionable material. While SimStreet.com strictly prohibits its Member from posting this type of Content, it is possible that a SimStreet.com Member may post Content that is inappropriate, sexually explicit, inaccurate, violent, harassing, offensive, lewd, abusive, indecent, defamatory, obscene or menacing material, and the Company assumes no responsibility or liability for this material posted by our Members. In addition; third parties, including companies who are unrelated to the Company, may promote their own products and services on SimStreet.com. The Company assumes no responsibility for either the Content Posted by these third parties, or any loss or damage arising from interacting with these third party services.

If you become aware of any SimStreet.com Member (including companies and individuals), who you believe may have posted inappropriate Content, or who are misusing the system in anyway, you may report the inappropriate Content to us using the ‘Report this Content’ link at the bottom of each page.

The Company reserves the right, to remove, reject, refuse any Content at its own discretion. This includes personal messages sent between Members, using the SimStreet.com messaging Service. This content can removed, rejected and refused without any prior notice to the SimStreet.com Member.

(d) Registration and Registration Data. Registering at SimStreet.com is free. Upon your registration you may enter a Username of your choice. Company may need to change the Username allocated to certain Members and reserves the right to do so (you will be informed if this is necessary). The same procedure may apply to products and services made available through the Service. You are solely responsible for maintaining the confidentiality of your password and other account details. In exchange for your use of the Service (in addition to the payment of applicable fees, where necessary) you agree to: (a) provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Company has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Prior to any such withdrawal Company shall temporarily withdraw the Service and notify you of the grounds on which the Service has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent.

(e) Access without Registration. Company may provide you with access to some Services without you registering as a user. In that case your identification is based on other means of identification that Company deems appropriate. Identification is typically based on data identifying your Subscription, such as your mobile phone number. You agree that such information may be collected and disclosed to Company and used in accordance with Section 3.

(f) Assignment. You may not assign or transfer in any other way the contract or any of your contractual rights. Company shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party provided such assignment is made under terms not less favourable to you than those in these Terms. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.

(g) License to Download(s). You acknowledge and agree that any Download(s) made available as part of the Service are owned by Company, its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. Company hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the Download(s) and the Social Networking Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.

(h) Interruptions or Discontinuation of Service. Company may suspend the Social Networking Service for repair, maintenance, and/or upgrade work. In such event, Company shall aim at keeping the said interruption short and at causing as little inconvenience to you as reasonably possible. Company reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves. If a service is or the Social Networking Services are to be permanently discontinued by Company it will notify you of this fact and reimburse any pre-paid fees.

(i) Contracts for Products and Services of Third Parties. The Socail Networking Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, Company shall indicate the products and services as provided by a third party. Even though they may be co-branded with Company and therefore include Company’s trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. COMPANY SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.

3. Advertisements
By entering in to this Agreement you explicitly invite Company or other businesses selected by Company to send you Advertisements.

You agree that you will not attempt to block or otherwise interfere with such Advertisements.

Advertisements are not endorsed by Company and you agree that Company is not responsible for such content or for the contents of any website referred to in any Advertisement.

Your correspondence and business dealings with, or participation in promotions of third parties on whose behalf any Advertisement is sent to you, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such third party. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as a result of the presence of such third parties on the Website or the Social Networking Service.

4. Your obligations
You may only use the Social Networking Service for your own private use (“the Permitted Use”).

You must not use the Services:

- fraudulently or in connection with a criminal offence; or
- to send or receive any material which is offensive, abusive, indecent, defamatory, obscene or menacing, in breach of any IP Rights (as defined below), or privacy or otherwise unlawful; or
- to send commercial, advertising or promotional material; or
- to initiate the sending of unsolicited advertising or promotional material, including, without limitation, junk mail or spam
- to collect and process others’ personal data
- to engage in any activity that is harmful to minors
- to cause annoyance, inconvenience or needless anxiety; or
- other than in accordance with the acceptable use policies of any connected networks.

You may not sell or assign your right to use the Service.

You are responsible for all activities that occur on your account and agree to notify Company if you become aware of any unauthorised use of your account or any breach of security relating to your account.

You agree to indemnify Company against any costs, claims, demands and expenses brought against or incurred by Company because you have breached any of the provisions in these terms and conditions.

5. Privacy
You acknowledge that Company collects and processes "personal information"(i.e. information that could be used to contact you, such as full name, postal address, phone number or e-mail address), "financial information" (i.e. credit card numbers, bank account information or passwords) or "demographic and usage information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information but necessary for the proper functioning and billing of our service, such as date regarding the start and end and the extent of your usage of the service), subject to the rest of this paragraph in order to operate this site. We may pass on your personal information to your mobile phone service provider to secure collection of fees (should you be engaged with a paid for service on your website). Further, we may pass on your information to governmental agencies, including but not limited to courts and district attorneys' offices, for legal proceedings and the prevention of crimes. Personal information collected by Company may be stored and processed in the United Kingdom or any other country in which Company or its agents maintain facilities. By using the Socail Networking Service, you consent to any such transfer of information outside of your country. Your personal information, financial and demographic information will be deleted no later than six months after termination of your subscription. Company may store your information beyond this date if that is required by law or contract.

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE AND THE DOWNLOAD OF CONTENT IS AT YOUR OWN SOLE RISK AND THAT YOU MUST COMPLY WITH THE INSTRUCTIONS GIVEN BY COMPANY.

Except in jurisdictions where such provisions are restricted, You agree that Company’s entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s) during the term of this Agreement. Except in jurisdictions where such provisions are restricted, Company, its licensors and contractors (including any third parties providing all or part of the services) shall not be liable for any indirect, incidental, special or consequential damages Even if Company has been advised of the possibility of such damages, to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, Company’s liability is limited to the extent permitted by law in such Country.

7. Indemnification
You agree to indemnify and hold Company, its parent Company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.

8. Intellectual Property Rights
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Company Intellectual Property Rights") are owned by Company or its licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. You acknowledge that no title to the Company Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.

9. Charges
(a) Fees. To create an account on SimStreet.com is free. However, fees for additional services, such as premium mobile Subscription Service maybe applied. Details of these services are available at Company’s web site. The fee shall be charged for every subscription period the contract is in effect. You shall pay Company for the Service and the use thereof in accordance with the price lists in force at the time of your order. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you and your mobile operator. Where applicable, the charges can also be paid with your credit card or by Paypal. The different payment methods are specified at Company’s web site. Company may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties.

(b) Fee Changes. All fees, including fees for existing subscription contracts, are subject to change upon notice from Company. Company will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription and/or your account effective immediately upon termination.

(c) Late Payments. Any past due unpaid amount shall bear an annual interest of four percent (4%) or the highest interest allowed by applicable law, whichever is lower.

10. Termination and Cancellation of Services; Right to withdraw
If you would like to disable your account, so that its contents are no longer available to other members, please complete the Member Feed back form on the Website. The Company will then endeavour to disable your account with 7 working days.

You agree that Company, at its sole discretion, may at any time terminate your use of the Service or individual services provided via the Services and remove and discard any content within such services, if you remain in breach of this agreement for more than seven days from notice of such breach. Company may cancel all or any of the Services (or individual services provided via the Services) if Company believes that you have violated or acted inconsistently with these TERMS. You agree that upon termination of your access to the Service under any provision of these TERMS, Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or subscription for any reason, Company will not refund any of your fees paid to date, except as provided in provision 2 of these TERMS.

CUSTOMERS IN THE EUROPEAN UNION ALSO HAVE THE STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT WITHIN 7 WORKING DAYS AFTER THE EFFECTIVE DATE OF THE AGREEMENT ("WITHDRAWAL PERIOD"), PROVIDED, HOWEVER, THAT YOUR RIGHT TO WITHDRAWAL IMMEDIATELY TERMINATES IF YOUR FIRST USE OF THE SERVICE OCCURS BEFORE THE END OF THE WITHDRAWAL PERIOD. TO WITHDRAW FROM THE AGREEMENT WITHIN THE WITHDRAWAL PERIOD, SEND A TERMINATION NOTIFICATION VIA E-MAIL TO CUSTOMERSERVICES@SIMTEXT.COM OR VIA POSTAL MAIL TO CANCELLATIONS, SIM SYSTEMS LTD, PO BOX 305, TARPORLEY, UK CW6 9WN, COMMUNICATION MUST CLEARLY STATE YOUR NAME, ADDRESS AND PHONE NUMBER, AND BE POSTMARKED WITHIN THE WITHDRAWAL PERIOD.

11. Custom Networks
A Custom Network is a web page that is created by a SimStreet member, and is made up of other SimStreet members. A SimStreet Custom Network has several elements that allow users to contribute pictures and text to the Network. The Network creator has the ability to moderate content before it is displayed publicly. The Network Creator is entirely responsible for all content that is posted on the network.

The Company, retains the right to remove any network, from the system at any given point, with or without warning. Any content that is deemed to be illegal will be passed onto the relevant authorities.

The Company maintains the right to advertise on both Profit and Non-Profit Custom Networks, unless an additional Contract exists between the Company and the Network Creator.

12. Miscellaneous Provisions
(a) Notices and Announcements. Except as expressly provided otherwise herein, all notices to Company shall be in writing and delivered to the following address:

SIM Systems Ltd
PO Box 305
Tarporley
UK.
CW6 9WN.