TERMS AND CONDITIONS RELATING TO SID APPS-SERVERS USE
Version dated 19 May 2018.
IF YOU DO NOT AGREE TO THESE T&Cs, DO NAVIGATE AWAY FROM ANY SID WEBSITES AND DO NOT DOWNLOAD ANY SID APPS AND DO NOT USE ANY SID SERVICES ON ANY SERVERS.
AGREEMENT TO TERMS
You must be aged at least 16 or above to access our services unless your state or country of residence dictates a higher age in which case the higher of the two will be deemed the minimum age for use of this service and the App.
CHANGES TO TERMS OR SERVICES
We reserve the right to change, modify or cancel the App SID at any time. Any such changes or modifications will be published in our Terms and Conditions. We suggest that you always read the Terms and Conditions before using the App SID as by using the App SID you are agreeing to our Terms and Conditions.
In the case of an acquisition by a Third-Party information supplied by the users of SID may be transferred /supplied to the new owner. Because our Services evolve over time, we may change or discontinue all or any part of the Services at any time and without notice.
ELIGIBILITY AND ACCOUNT REGISTRATION
If you want to use certain features of the Services, you will have to create an account with us (an “Account”). You can create an Account if you have a pre-existing third-party email account. It’s important that you provide us with accurate, complete, and up-to-date information for your Account, and you agree to update such information as needed, to keep it accurate and complete. Failure to abide by this agreement may result in the suspension or termination of your Account.
During any of our App use, please be aware of your surroundings and use it safely. The internet and mobile or wireless Apps are not 100% secure and as such we cannot guarantee that your use of App SID will be completely safe. Never share your passwords. You agree that your use of the App is at your own risk.
RIGHTS IN APP
Subject to your compliance with these Terms and Conditions, SID grants you a limited non-exclusive, non-transferable, non-sub-licensable license as a revocable license to download and install a copy of the App on a mobile or wireless device, such as smartphone or tablet or any such other mobile or wireless device, and to run such copy of the App solely for your own personal, non-commercial purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify or create derivative works based on the App; (b) Distribute, transfer, sub-license, lease, lend, or rent the App to any third party; (c) Reverse engineer, decompile, or disassemble the App; Or (d) make the functionality of the App available to multiple users through any means other than the functionality provided by the App SID as downloaded to your own private mobile or wireless device. SID reserves all rights in and to the App not expressly granted to you under these Terms.
CONTENT AND CONTENT RIGHTS
For purposes of these Terms: (a) “Content” means the text, software, firmware, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (b) “User Content” means any Content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. Subject to your compliance with these Terms, SID grants you a personal, non-commercial, non-exclusive, non-transferable, non-sub-licensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of the Services. You may not make the App (Application, including any Application Update), available over a network where upon it could be used on multiple mobile or wireless devices at the same time. SID does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, SID and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights, copyrights, SID trademarks and internet domains. You agree not to remove, alter, or obscure any copyright, trademark, service mark, intellectual property rights or other proprietary rights notices incorporated in or accompanying the Services or Content. By making any User Content available through Services, you grant to SID a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content including shared passwords, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by SID on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. SID may reject any submissions in which SID believes, in its sole discretion that the User Content is inappropriate or violates the Guidelines or these Terms. SID further reserves the right to remove any User Content from the Services at any time and without notice and for any reason.
CONDUCT AND RESTRICTIONS
You agree that you are responsible for your own conduct and User Content while using the Services, and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Services and Content, you will not:
- Use the SID internet sharing services, accessible through our Apps, if the originating internet source is from a Mobile Operator or Internet Service Provider which restricts such use in its Terms & Conditions.
- Defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
- Upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message; Promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
- Trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be;
- Violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
- Impersonate or misrepresent your affiliation with another person or entity;
- Promote or provide instructional information about illegal or harmful activities or substances;
- Promote or engage in physical harm, violence, or injury against any group or individual;
- You may not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, interfere or limit the functionality of any computer software or hardware or telecommunications equipment.
- Submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;
- Post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, third party’s password or data, moral rights, or other intellectual property rights, or rights of publicity or privacy;
- Use, display, mirror, or frame the Services or any individual element within the Services, SID’s name, any SID trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without SID’s express written consent;
- Access, tamper with, or use non-public areas of the Services, SID’s computer systems, or the technical delivery systems of SID’s providers;
- Attempt to probe, scan, or test the vulnerability of any SID system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by SID or any of SID’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by SID or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
- Extract, scrape, index, copy, or mirror the Services or Content or portions thereof (including but not limited to the database and other information about users);
- Use any meta tags or other hidden text or metadata utilizing a SID trademark, logo, URL, or product name without SID’s express written and signed consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software or firmware used to provide the Services or Content, be it the App SID or any SID server or SID websites;
- Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Take any action that imposes, or may impose, an unreasonable or disproportionately large load(s) on the Services or SID’s infrastructure;
- Delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
- Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering in App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c ) sell, resell, rent, or lease the App or your Account;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Violate any applicable law or regulation; or
- Encourage or enable directly or indirectly any other individual or firm to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by reaching out to us on Facebook, Twitter, or Google+ or any such other means of contact we make available from time to time. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty free, sub-licensable, and transferable license under any and all intellectual property rights and any such other rights that you own or control to use, improve, copy, modify, distribute, commercialize, market and create derivative works based upon, and otherwise exploit the Feedback for any purpose.
SID respects copyright law and expects its users to do the same. It is SID’s policy to terminate in appropriate circumstances Account holders who infringe or are believed to be repeatedly infringing the rights of copyright holders.
LINKS TO THIRD PARTY WEBSITES OR RESOURCES
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by accessing the SID Help Center or by informing us in writing using the contact details listed at the bottom of these terms. Upon any termination, discontinuation, or cancellation of Services or your Account, the following provisions of these Terms will survive: Arbitration Notice; Content Ownership; Rights Granted by You; Feedback; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution; General Terms; and this sentence of Termination.
DISCLAIMER OF WARRANTIES
Your use of the App and Services are at your own risk, to the extent permitted by applicable law. The Service and Content are provided “as is” without guarantee nor warranty of any kind, without limiting the foregoing, SID explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising of trading, dealing with or usage of SID. SID make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error -free basis, and we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content. YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT OR ALLOW CONNECTING TO THE INTERNET THROUGH YOUR DEVICE AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT SID DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. SID MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
REPRESENTATIONS AND LIMITATIONS OF LIABILITY.
SID and its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents (collectively, “Company Affiliates”) make no representation or warranty whatsoever regarding the completeness, accuracy, timeliness or adequacy of any information, facts, views, opinions, statements or recommendations contained on the Application. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, intellectual property reference and manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us or the Company Affiliates .Internet services maybe subject to security breaches. SID and the Company Affiliates are not responsible for any damage to user’s device or computer from any such security breach or from any tampering, virus, bugs, fraud, commission, omission, interruption, deletion, defect, delay in operation or transmission, mobile or wireless phone failure, computer line failure or any other technical or other malfunction. You should also be aware that e-mail and other submissions over the Internet may not be secure, and you should consider this before e-mailing us or the Company Affiliates any information or posting information to or through the Application. SID and Company Affiliates make no representation or warranty whatsoever regarding the suitability, performance, functionality, availability or operation of the Application. The APPLICATION (INCLUDING ALL APPLICATION UPDATES) AND THE CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. WE AND THE COMPANY AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION, SERVER, WEBSITE AND THE CONTENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED OR ENABLED BY OR THROUGH THE APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION, (INCLUDING ANY APPLICATION UPDATES, SERVER AND WEBSITE) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY CONTENT WILL BE ACCURATE OR COMPLETE, OR THAT DEFECTS IN THE APPLICATION (INCLUDING ANY APPLICATION UPDATES, SERVER AND WEBSITE) WILL BE CORRECTED. No oral or written information or advice given by us or an authorized representative shall be deemed to alter this disclaimer of warranty, or to create any warranty. You agree that SID and the Company Affiliates are not liable to you for any damages of any kind, whether based in tort, contract, strict liability or otherwise, any direct, indirect, incidental, consequential or punitive damages resulting in any way from or in connection with any errors or omissions in the technical operation or content of the App, including Application updates, Server and Website. The App, including Application updates or variants, Server and Website, or any content or any action taken in connection with an investigation by us ,law enforcement or other authorities in regard to your use of the App, including Application updates or variants, Server and Website, or any content.
ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS.
The actions or inactions, conduct of any application users or your relationships /interactions with application users. EVEN IF WE OR THE COMPANY AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE APPLICATION, SERER OR WEBSITE, OR ITS RELATED INFORMATION OR PROGRAMS. IN NO EVENT SHALL COMPANY’S AND THE COMPANY AFFILIATES’ TOTAL CUMULATIVE LIABILITY TO YOU, WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED [ONE HUNDRED EUROS ( 100 EUR)]. THE FOREGOING LIMITATIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF DEEMED TO FAIL OF THEIR ESSENTIAL PURPOSE. The App, Application Server or Website may contain opinions, facts, views, recommendations and statements of third party individuals and organizations. We do not represent or endorse the accuracy, opinions, timeline, views or reliability of facts displayed, uploaded or distributed through the App, application Server or Website. By using the App, application Server or Website, you acknowledge that any reliance upon such facts, views , opinions, statement or recommendations is at your sole risk. BY ACCESSING THIS APP, APPLICATION SERVER, WEBSITE, REGISTERING WITH THE APPLICATION AND/OR WEBSITE AND/OR ACCEPTING ANY INFORMATION FROM THIS APP, APPLICATION SERVER OR WEBSITE YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND THE COMPANY AFFILIATES HARMLESS FROM AND AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS) ARISING OUT OF OR RELATING TO: (A) YOUR BREACH OF THIS AGREEMENT; (B) YOUR VIOLATION OF ANY UK OR INTERNATIONAL LAW, RULE OR REGULATION; (C) A CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE APPLICATION OR THE CONTENT OR ANY OF YOUR CONTENT OR SUBMISSIONS; (D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE APPLICATION; (G) THE THEFT, MISAPPROPRIATION OR DISCLOSURE OF YOUR PASSWORD; (H) YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY’S DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT THE WRITTEN SIGNED CONSENT OF SID. The Terms of Service shall be governed by and construed in accordance with the laws of Gibraltar, without giving effect to the conflict of laws or provisions of European law, or your actual state or country of residence. Any legal proceedings arising out of or relating to Agreement will be exclusively subject to the jurisdiction of the courts of Gibraltar.
This Agreement constitutes the entire agreement between you and SID.
© 2018 SID Ltd. All rights reserved.