Last Updated: 10th December, 2022
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website or use the Simmyfranks web platform.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 18 are not permitted to register for the Website.
You accept and agree to be bound by this Agreement by acknowledging such acceptance during the registration process (if applicable) and also by continuing to use the website. If you do not agree to abide by this agreement, or to modifications that Simmyfranks may make to this agreement in the future, do not use or access or continue to use or access the web platform or the website.
YOU MAY REVIEW, SAVE OR PRINT ANY PART OF THESE TERMS. WE ENCOURAGE YOU TO PRINT OUT A COPY OF THIS ENTIRE DOCUMENT AND REFER TO IT AS YOU USE THE SERVICE.
Regarding Your Registration
By using the web platform, you represent and warrant that:
- you will keep your password confidential and will be responsible for all use of your password and account;
- you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Simmyfranks has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Simmyfranks has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
Regarding Content You Provide
The Website may invite you to chat or participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Simmyfranks and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Simmyfranks will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
- the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
- you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Simmyfranks and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
- you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
- your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Simmyfranks), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
- your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child
pornography or otherwise intended to protect the health or well-being of
- your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
- your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation.
By posting Contributions to any part of the Website, or making them accessible to the Website by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to Simmyfranks an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, Simmyfranks name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Simmyfranks does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
Simmyfranks has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the Website, you hereby authorize Simmyfranks to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
GUIDELINES FOR REVIEWS
Simmyfranks may accept, reject or remove reviews in its sole discretion. Simmyfranks has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national
origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Simmyfranks, and do not represent the views of Simmyfranks or of any affiliate or partner of Simmyfranks. Simmyfranks does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Simmyfranks a perpetual, non- exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Simmyfranks to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
If you are accessing the web platform via a mobile application, then Simmyfranks grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Simmyfranks or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environmental permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Simmyfranks or other intellectual property of Simmyfranks in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
Terms Applicable to Apple and Android Devices
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play to access the web platform. You acknowledge that this Agreement is concluded between you and Simmyfranks only, and not with Apple Inc. or Google, Inc. (each an “App Distributor”), and Simmyfranks, not an App Distributor, is solely responsible for the Simmyfranks application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Simmyfranks application is limited to a non-transferable license to use the Simmyfranks application on a device that utilizes the Apple iOS or Android operating system,
as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service. (2) MAINTENANCE AND SUPPORT: Simmyfranks is solely responsible for providing any maintenance and support services with respect to the Simmyfranks application, as specified in this Agreement, or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Simmyfranks application. (3) WARRANTY: Simmyfranks is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Simmyfranks application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Simmyfranks application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the Simmyfranks application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Simmyfranks’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Simmyfranks, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Simmyfranks application or your possession and/or use of the Simmyfranks application, including, but not limited to: (i) product liability claims; (ii) any claim that the Simmyfranks application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Simmyfranks application or your possession and use of the Simmyfranks application infringes a third party’s intellectual property rights, the App Distributor will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the Simmyfranks application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Simmyfranks application. (8) THIRD PARTY BENEFICIARY: Simmyfranks and you acknowledge and agree that the App Distributors, and their subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Website; or (ii) allowing Simmyfranks to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Simmyfranks and/or grant Simmyfranks access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the
terms and conditions that govern your use of the applicable Third Party Account and without obligating Simmyfranks to pay any fees or making Simmyfranks subject to any usage limitations imposed by such third party service providers. By granting Simmyfranks access to any Third Party Accounts, you understand that (i) Simmyfranks may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) Simmyfranks may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Simmyfranks’s access to such Third Party Account is terminated by the third party service provider, the Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIA TED WITH YOUR THIRD P ARTY ACCOUNTS IS GOVERNED SOLEL Y BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Simmyfranks makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Simmyfranks is not responsible for any Social Network Content. You acknowledge and agree that Simmyfranks may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Website. At your request made via email to our email address listed below, or through your account settings (if applicable), Simmyfranks will deactivate the connection between the Website and your Third Party Account and delete any information stored on Simmyfranks’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the web platform (“Submissions”) provided by you to Simmyfranks are non-confidential and Simmyfranks (as well as any designee of Simmyfranks) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the Website for any other purpose other than that for which Simmyfranks makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Simmyfranks. Prohibited activity includes, but is not limited to:
- systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Simmyfranks;
- making any unauthorized use of the web platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- tricking, defrauding or misleading Simmyfranks and other users, especially in any attempt to learn sensitive account information such as passwords;
- engaging in any automated use of the system, such as using any data mining, robots or similar data gathering and extraction tools;
- interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
- attempting to impersonate another user or person or using the username of another user;
- using any information obtained from the Website in order to harass, abuse, or harm another person;
- using the web platform as part of any effort to compete with Simmyfranks or to provide services as a service bureau;
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
- attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
- harassing, annoying, intimidating or threatening any Simmyfranks employees or agents engaged in providing any portion of the web platform to you;
- deleting the copyright or other proprietary rights notice from any Website content;
- except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software; or
- using the Website in a manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (“Simmyfranks Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Simmyfranks, and are subject to copyright and other intellectual property rights under Nigeria and foreign laws and international conventions. Simmyfranks Content includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and
graphics. All Simmyfranks graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Simmyfranks in the Nigeria and/or other countries. Simmyfranks’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Simmyfranks.
Simmyfranks Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Simmyfranks Content and to download or print a copy of any portion of the Simmyfranks Content to which you have properly gained access solely for your personal, non-commercial use. Simmyfranks reserves all rights not expressly granted to you in and to the Website and Simmyfranks Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through the Website or the web platform) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Simmyfranks takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
Simmyfranks reserves the right but does not have the obligation to: a. monitortheWebsiteforviolationsofthisAgreement;
- take appropriate legal action against anyone who, in Simmyfranks’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
- in Simmyfranks’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any Simmyfranks policy;
- in Simmyfranks’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Simmyfranks’s systems;
- otherwise manage the Website in a manner designed to protect the rights and property of Simmyfranks and others and to facilitate the proper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, Simmyfranks RESERVES THE RIGHT TO, IN Simmyfranks’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE web platform, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND Simmyfranks MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE web platform, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN Simmyfranks’S SOLE DISCRETION.
In order to protect the integrity of the Website and web platform, Simmyfranks reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website and web platform.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
If Simmyfranks terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Simmyfranks reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Simmyfranks may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the web platform after any such modification becomes effective. Simmyfranks may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting.
Simmyfranks reserves the right at any time to modify or discontinue, temporarily or permanently, the web platform (or any part thereof) with or without notice. You agree that Simmyfranks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the web platform.
If there is a dispute between users of the Website, or between users and any third party, you understand and agree that Simmyfranks is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Simmyfranks, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the web platform.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Website or the web platform shall be governed and construed by the laws of the Federal Republic of Nigeria. Any legal action of whatever nature by or against Simmyfranks arising out of or related in any respect to this Website and the web platform
shall be brought solely in either the applicable federal or state courts located in or with jurisdiction, however, to the right of Simmyfranks, at the Simmyfranks’s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website and/or the web platform (including your visit to or use of the Website and/or the web platform) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce this Agreement.
- Governing Law; Jurisdiction. This Agreement and all aspects of the Website and web platform shall be governed by and construed in accordance with the internal laws of the Federal Republic of Nigeria, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Abuja, Nigeria, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Website or web platform be instituted more than two (2) years after the cause of action arose.
- InformalResolution.Toexpediteresolutionandcontrolthecostofanydispute, controversy or claim related to this Agreement (“Dispute”), you and Simmyfranks agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 14 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
- Binding Arbitration. If you and Simmyfranks are unable to resolve a Dispute through informal negotiations, either you or Simmyfranks may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other.
- Exceptions to Informal Negotiations and Arbitration. You and Simmyfranks agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Simmyfranks’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and
(3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Simmyfranks will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Simmyfranks agree to submit to the personal jurisdiction of that court.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Simmyfranks reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Simmyfranks cannot control the nature of all of the content available on the Website. By operating the Website, Simmyfranks does not represent or imply that Simmyfranks endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Simmyfranks believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. The Simmyfranks is not responsible for the conduct, whether online or offline, of any user of the Website or web platform.
LIMITATIONS OF LIABILITY
In no event shall Simmyfranks or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data or other damages arising from your use of the website or web platform, even if Simmyfranks has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Simmyfranks’s liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Simmyfranks for the web platform during the period of your usage prior to any cause of action arising.
You agree to defend, indemnify and hold Simmyfranks, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the web platform, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Simmyfranks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Simmyfranks, and you agree to cooperate, at your expense, with Simmyfranks’s defense of such claims. Simmyfranks will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to Simmyfranks shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the web platform, as well as data relating to your use of the web platform. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the web platform. You agree that Simmyfranks shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Simmyfranks arising from any such loss or corruption of such data.
This Agreement constitutes the entire agreement between you and Simmyfranks regarding the use of the web platform. The failure of Simmyfranks to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Simmyfranks may assign any or all of its rights and obligations to others at any time. Simmyfranks shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Simmyfranks’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Simmyfranks as a result of this Agreement or use of the Website and web platform. Upon Simmyfranks’s request, you will furnish Simmyfranks any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Simmyfranks by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the web platform or to receive further information regarding use of the web platform, please contact Simmyfranks as set forth below or, if any complaint with us is not satisfactorily resolved, you may contact us:
Simmy Franks West Africa Limited
200 Aba Road, Opposite Hotel Presidential, Rumuols – Port Harcourt, Nigeria. firstname.lastname@example.org