Terms of Use Agreement

Effective Date:  September 13, 2013

Thank you for choosing Interconnect Media Network Systems, LLC as your provider of certain digital content.  We are glad you have visited our site.  We look forward to having you as a user of our site and services.  This Terms of Use Agreement, along with our Privacy Policy, contains the terms and conditions that apply to your use of our web site, and of our services that are delivered through the web site.  Please review the following terms carefully. If you do not agree to these terms, you should not use this site or our services.  The term “us” or “we” or “our” refers to Interconnect Media Network Systems, LLC, the owner of the web site.  The term “you” refers to the user or viewer of our web site and/or services.

1. Acceptance of Agreement.

You agree to the terms and conditions outlined in this Terms of Use Agreement (the "Agreement" or "Terms of Use") with respect to our site located at www.simultv.com and anime.simultv.com and any pages displayed within such site, or any successor URL (the "Site") and the services that we offer through the Site (the “Services”), including without limitation, our provision of the Content (as such term is defined in Section 6 below) and/or the picture-in-picture chat functionality (“Chat Function”).  We provide the Site and the Services to you subject to these Terms of Use (the “Terms of Use”), which constitute a binding contract between you and Interconnect Media Network Systems, LLC and govern your use of the Site and the Services.  We may change the terms of these Terms of Use from time to time, in our sole discretion, by posting a modified version of these Terms of Use on the Site.  By continuing to use the Site and/or the Services after we post any such changes and/or modified versions, you accept these Terms of Use, as modified. 

We reserve the right to deny access to the Site and/or Services to anyone who violates these Terms of Use or who, in our sole discretion, interferes with the ability of others to enjoy the Site and/or Services, or infringes the rights of others.

2. Privacy.

Please take a moment to review our Privacy Policy to understand how we collect, use, disclose and protect your personal information.

3. Services.

The Site and Services enable you to (a) access and view the Content; and (b) connect with other users of the Site (“Users”) via the Chat Function, or otherwise.We have no responsibility, liability or control over and hereby expressly disclaims all liability related to the use of the Site and/or Services by the Users.We do not take part in, and has no control over, the interaction between Users.Upon a dispute, Users must deal directly with each other, and we expressly disclaim all liability whatsoever for any claims and/or controversies for disputes that may arise between any Users.

4. COOPA Compliance.

This Site is intended for use by people 18 or over.We will not knowingly collect any information from children under the age of 13.You must identify your age during the registration process.We do not assume any responsibility, and hereby expressly disclaim all such liability, for any misrepresentations regarding your age or parental consent when using this Site.

5. Registration.

We require visitors to the Site who wish to use the Services or access certain portions of the Site to go through a registration process that requires them to choose a password in order to “log in” to our Services.  Your subscriber name will be used to identify you on the Site.  You may log in to the Site, use the Services, or modify your information only through your own subscriber name and password.  By registering, you certify that:

the e-mail address you provide in the registration is accurate and belongs to you; and you are at least 18 years of age and are legally authorized to work in the United States;

You agree that we may rely on the certification set forth above as true, and may change the conditions of such certifications from time to time.  If we determine that you have provided any false information to us when using or registering to use the Site, we will terminate your membership immediately. 

You are providing your e-mail address for the purposes of registering to access the Services.  Correctly entering your e-mail address is important so that you are able to participate in the use of the Services.  Occasionally, you will receive newsletters, updates, information and notices, etc. with information that we deem to be of interest to the subscribers of our Services.  Please see our Privacy Policy for information on what types of communications you can opt out of receiving and the process for doing so.

You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your subscriber name and password.  You should notify us promptly if you identify an unauthorized use or a security breach related to the Site and/or Services.

6. Intellectual Property Rights.

Our License to You.  The materials provided within the Site and the Services, including but not limited to the information, images, trademarks, trade names, photos, digital content, text, videos, graphics, logos, button icons, images, digital downloads, software, video clips, sound clips and data compilations (“Content”) are provided either by us or by our service providers and may be copyrighted or protected by other laws governing intellectual property or proprietary rights. Subject to the restrictions set forth in these Terms of Use, we grant you a non-exclusive, non-transferrable, non-assignable, revocable, limited license to view, display and use the Site, the Services and the Content for your personal, non-commercial use. 

Ownership and Limitations.  All Content is the exclusive property of us, or our service providers and is protected by copyright, trademark and other intellectual property laws, regulations and standards.  Except as expressly permitted herein, these materials may not be downloaded, copied, reproduced, or distributed for any purpose, including without limitation, any commercial purpose, nor may these materials be modified, uploaded, downloaded or reposted, in whole or in part, to other websites.  You may not reproduce, modify, distribute or publicly display the Site, the Services or the Content, in whole or in part, except as is expressly authorized by these Terms of Use. If you would like to make copies of and/or distribute any portion of the Site, the Services or the Content in any way not expressly authorized by these Terms of Use, you must contact us for written permission, which we may grant or withhold, in our sole discretion.  You may not use or reproduce any trademark, trade name or service mark appearing on the Site or within the Services without our prior written consent.

Your License to Us.  By submitting material to any areas of the Site or within the Services, you agree that such material is provided to us on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we (including our partners, agents, affiliates and service providers (each a "Third Party Provider" and collectively, "Third Party Providers") may reproduce, modify, archive, publish, display and otherwise distribute such material as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose. With respect to any content or materials that you post in public areas of the Site or Services, you agree that we may distribute, share or otherwise provide such material under any terms we see fit to any Users, without the requirement of providing you any form of compensation.  You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. 

7. Content Provided On Site and Through Services.

Information contained on or made available through the Site or through our Services is not certified or tested.  This includes information about us, third parties and the Users.  We disclaim any duty or obligation to update or monitor this information.  We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site or used in or generated by our Services.  Your use of information on the Site (including without limitation, contact information for Users), provided through our Services, or materials linked to the Site is entirely at your own risk. 

8. Linking/Framing.

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, (c) you discontinue providing links to the Site immediately upon request by us; (d) you do not imply or state any sponsorship of your site by us; and (e) you do not link to any page within the Site beyond the “home page” or first page.

You may not frame or in-line link any of the Content or the Services, or incorporate into any other website or other service any of our intellectual property or any of our service providers.

9. Errors, Corrections and Changes.

We do not represent or warrant that the Site or the web ware used to provide our Services will be error-free, free of viruses or other harmful components, or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable.  We may make changes to the features, functionality or content of the Site and our Services at any time.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site or used in our Services.

10. Third Party Content and Services.

Third party content, including content posted by Users in the Chat Function, may appear on the Site, may appear within the Chat Function, or may be accessible via links from the Site.  We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site.  You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

We also may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants and you use these services at your own risk.  Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws.  We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

11. Unlawful Activity.

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and Site traffic information.

Further, while using the Site or the Services, you may not:

  • restrict or inhibit any other User from using or viewing the Site or using the Services;
  • use the Site or the Services for the benefit of any third party, other than to accomplish a use permitted under this Agreement;
  • republish or distribute, change, modify, mirror, frame, rent or sell in any manner, directly or indirectly, any component of the Site or the Services, including without limitation, the Content
  • disassemble, decode, decompile or otherwise reverse engineer the Site, the Service or the Content or any interfaces or software programs comprising the same;
  • use any data mining, robot, spider, scraper, or other automated means to access the Site, the Services or the Content for any purpose without our express written permission; however, this provision shall not apply to the indexing or updating of search engines;
  • take any action that would impede or interfere with the operation of the Site or the Services or materially alter the Content;
  • transmit to the Site or the Services any information or software that contains a virus, Trojan horse, worm, or other harmful component;
  • upload, post, e-mail or transmit any content that is inaccurate, unlawful, harmful, threatening, abusive, disparaging, defamatory, libelous or obscene;
  • impersonate any person or entity, attempt to hide the origin of any content you submit or falsely state or otherwise misrepresent your affiliation with another entity;
  • upload, post, email or transmit any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship;
  • upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
  • instigate or encourage others to commit illegal activities or cause injury or property damage to any person;
  • collect or store personal data about other Users;
  • obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services; or
  • Circumvent, disable or otherwise interfere with security-related features of the Site or the Services, including without limitations, any features that limit access to the Content or enforce privacy settings applicable to the profiles of Users. 

12. Disclaimer.

THE SITE, THE SERVICES AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. WE, TOGETHER WITH THE AFFILIATED PARTIES (AS DEFINED BELOW), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE SERVICES OR THE AVAILABILITY OF THE CONTENT, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, SERVICES AND/OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES, WORMS OR OTHER MALICIOUS SOFTWARE.  WE DO NOT WARRANT THAT THE CONTENT OR ANY CONTENT CREATED BY OR THROUGH THE SITE OR SERVICES WILL BE ACCURATE, UP-TO-DATE, OR OTHERWISE RELIABLE.  PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS TERMS OF USE AGREEMENT

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM, ON OUR BEHALF, AS WELL AS ON BEHALF OF THE AFFILIATED PARTIES, ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

13. Indemnification.

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, licensors, successors, assigns, third party suppliers of Content, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to (a) your violation of this Agreement; (b) your use of the Site (including the Chat Function), the Services, or the Content. This Section shall survive the termination or expiration of these Terms of Use.

14. Limitation of Liability

IN NO EVENT SHALL WE OR THE AFFILIATED PARTIES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS OR DATA ARISING OUT OF OR RESULTING FROM THE SITE, THE SERVICES OR THE CONTENT, UNDER ANY LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY.   YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF THE AFFILIATED PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE, THE SERVICES OR THE CONTENT PROVIDED HEREUNDER SHALL NOT EXCEED $1.00.

15. Links to other Web Sites.

The Site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.

16. Copyrights and Copyright Agents.

Notice and Takedown Request

We respect others’ intellectual property rights; however, the Site and the Services contain information that is provided by or obtained from third-party sources. If you believe that your copyrighted material is being infringed by anything on Site or the Services, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing a written statement to our Copyright Agent at info@simultv.com (via electronic mail) or our Copyright Agent, c/o LeClair Ryan, P.C., 1715 Pratt Drive, Suite 2700, Blacksburg, Virginia 24060, ATTN:  Michael P. Drzal, Esq. (via certified or registered mail), which notification must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that allegedly has been infringed; (2) a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work; (3) a description or location of the material on the Site or within the Service that you claim is infringing; (4) information we can use to contact you, including your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or applicable law; and (6) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that your are the copyright owner or authorized to act on the copyright owner’s behalf.

Counter-Notice

If you believe that any content that you previously submitted to us that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to post and use the content at issue, you may send a counter-notice containing the following information to our Copyright Agent at the physical and/or e-mail address set forth above, which counter-notice must include:  (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location within the Site or the Services at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in which your address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion. 

17. Legal Compliance.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, the Service and the Content provided therein.

18. Fees and Payment.  

Paid services are available for purchase through the Site.  By selecting a Service, you agree to pay us the fees indicated for that Service plus any applicable taxes in advance of using such Services.  Payments will be charged on the day you sign up for a Service and will cover the use of that Service for a period of time as indicated on the Site.  If you select a Service that is dependent on you providing information to us, it is solely your responsibility to provide that information. Service fees are not refundable.  The prices for all Services are subject to change at any time upon notice to the users, such changes in pricing to occur upon a change in the pricing we are required to pay for content, bandwidth or third party services. 

We may change the price of Services from time to time.If there is a specific time length and price for your Service, then that price will remain in force for that time.Notwithstanding the foregoing, we may change the price (upon notice to you by email) for Services of specific time lengths in the event the prices we are required to pay for content, bandwidth or third party services increases.In the event we increase the price for Services of a specific time length, you may opt out of continuing to pay for and receive the Services upon written notice to us.After offers for specific periods of time end, your use of the Service will be charged at the new price.If your Service is on a period basis, for example monthly, with no specific time length, then we will tell you the date of any price changes.Services can be cancelled by you after the minimum time periods indicated. If you have set up an account that uses a credit card to pay for Services, and the credit card number changes or you wish to change the credit card to which you are billed, please update your billing information.We will attempt to notify you via e-mail if we are unable to process your payments, but if we are unable to contact you, your account will be suspended until you provide a valid form of payment.We use a third party credit card processor to process all credit card transactions, and the use of your information and data by such third party credit card processor is subject to their policies and terms of use.

Upon termination or cancellation of the Service by you or us for any reason, we may delete your data permanently from our servers.  You are responsible for taking all necessary steps to back up your data and ensuring that you maintain that data on an on-going basis.

Services include email support.Email support means the ability to make requests for technical support by email at any time with our reasonable efforts to respond within two business days concerning the use of the Services.

19. Miscellaneous.

This Agreement shall be treated as though it were executed and performed in Montgomery County, Virginia, and shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia (without regard to conflict of law principles). You agree that, by entering into these Terms of Use and accessing and/or using the Site or the Services, you are transacting business in the Commonwealth of Virginia and are subject to jurisdiction in its courts.  Any cause of action by you with respect to the Site (and/or any information, Content, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred, and must be litigated in (a) Virginia state courts located in Montgomery County, Virginia or (b) U.S. district courts located in Roanoke, Virginia and you consent to personal jurisdiction and venue (and waive any objections thereto) in any such courts. All actions shall be subject to the limitations set forth in this agreement. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to any third party.  Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.  Our rights under this Agreement shall survive any termination of this Agreement.