TERMS OF SERVICE
Last Updated: August 26, 2016
This Terms of Service (the “Terms of Service”) sets forth the terms and conditions that apply to your access and use of the internet website owned and operated by Simili Virtual Reality Inc.
(“Simili”, “we”, “our” or “us”) and located at panorabbit.com (the “Site”). The Site is provided to you for your personal entertainment, information, education and communication through our featured content and interactive functionality (the “Services”).
Please read the Terms of Service carefully. The Terms of Service include our policy for acceptable use of the Services and content, as well as your rights, obligations and restrictions regarding your use of the Services. We grant you a limited, revocable,
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms of Service, and to abide by and comply with the Terms of Service.
Content on the Site
You understand that all information, data, text, sound, photographs, graphics, video, messages, software, tags, advertisements or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Simili, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the Services. We do not control the Content posted through the Services and, as such, we do not guarantee the accuracy, integrity or quality of such Content and disclaim any and all liability in connection with such Content. The opinions expressed in postings or other Content provided through the Services are not necessarily those of Simili or its shareholders, content providers, advertisers, sponsors, affiliates or related entities. You understand that by using the Services you may be exposed to Content
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that is offensive, indecent or objectionable. You understand that we are not obligated to pre- screen, regularly review, monitor, delete or otherwise change the Content associated with the Services. We do, however, reserve the right to do so at any time in our sole discretion, for any reason or no reason, and to delete any Content with or without notice. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available through the Services.
User Information and Member Accounts
In order to participate in the Services, you must create an account and become a Simili member
(a “Member”). To create your account, you must provide your contact information, including your name, email address and phone number. You must provide complete and accurate information to Simili through the Services. If you are a business, government or
All Members will receive a password and are responsible for maintaining confidentiality of such password. Each Member’s right to use the Services is personal to the Member and Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. You agree to notify Simili of any unauthorized use of your account or any other breach of security known or that should be known to you. You acknowledge and agree that you are solely responsible for your interaction with other Members, and that we have no obligation to monitor or resolve disputes between Members.
Responsibility for Your Content
You are solely responsible for the Content you submit or make available for inclusion through the Services (“Member Content”) and the consequences of posting or publishing it. In connection with Member Content, you represent and warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize Simili to use all trademark, copyright or other proprietary rights in and to any and all Member Content to enable inclusion and use of the Member Content in the manner intended by the Services and the Terms of Service. You agree that you will not submit Member Content that violates these Terms of Service.
Because Simili does not permit infringement of intellectual property rights through the Services, we will remove all Member Content if properly notified that such Member Content infringes on another’s intellectual property rights and at our sole discretion.
Simili does not endorse any Member Content or any opinion, recommendation or advice expressed therein, and we expressly disclaim any and all liability in connection with Member Content. You agree that you will not submit Member Content that is contrary to applicable local, national and international laws and regulations.
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Member Content: Ownership & Licenses
For clarity, you retain all of your ownership rights in your Member Content. However, by submitting Member Content, you hereby grant Simili an irrevocable, worldwide,
Notwithstanding the foregoing, you understand and agree that once Member Content is incorporated into other aspects of the Services by Simili and/or its Members, Simili is under no obligation to delete or ask or require other Members to delete that Member Content, and therefore, it may continue to appear and be used through the Services indefinitely pursuant to an irrevocable, worldwide,
Permitted Use of Content
The content associated with the Services, including without limitation, the text, software, scripts, graphics, photographs, sounds, music, videos, visual interface, design, computer code, interactive features and the like (“Site Content”) and the trademarks, service marks, trade names and logos contained therein, excluding the Member Content, are owned by or licensed to Simili, subject to copyright and other intellectual property rights under the law. Except as expressly provided herein, Simili does not grant you any express or implied rights, and all rights in and to the Services and the Site Content are retained by Simili.
You may access Member Content for your information and personal,
You may not use the Services for any purpose that is unlawful or prohibited by the Terms of Service and/or any applicable additional terms. Your access to the Services may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of the Terms of Service and/or additional terms, or for any other reason, or no reason. You expressly agree not to:
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∙act as an agent, affiliate or representative of the Services and utilize the Services, Member Content or Site Content for any commercial purpose other than for which the Services is intended without our express written permission;
∙access, monitor or copy any content or information of the Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
∙take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure, or;
∙“frame”, “mirror” or otherwise incorporate any part of the Services into any other website without our prior written permission.
You agree not to use the Services for any commercial use, without the prior written authorization of Simili. Prohibited commercial uses include any of the following actions taken without our express approval:
∙sale of access to the Services on another website’
∙use of the Services for the primary purpose of gaining advertising or subscription revenue;
∙sale of advertising on the Services or any
∙use of the Services that we find, in our sole discretion, to use our resources or Member Content with the effect of competing with or displacing the market for the Services, Site Content or Member Content.
For clarity, unauthorized commercial uses do not include uploading Member Content to the Services to promote your business or artistic enterprise, or any use that Simili expressly authorizes in writing.
In addition, the following behaviors or activities are strictly prohibited when using the Services by any Member or Services user:
∙strong, vulgar, obscene, exploitative, criminal or otherwise harmful language;
∙racially, ethnically or otherwise, objectionable language;
∙harassing, intimidating, stalking or threatening other Members or advocating or promoting such actions by others;
∙libelous, defamatory or otherwise tortious language;
∙impersonation of another person;
∙posting, distributing, transmitting or promoting illegal Content;
∙invasion of another’s privacy;
∙actions that are hurtful to minors, including but not limited to soliciting personal information from anyone under 18;
∙constituting or promoting information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threating, obscene, defamatory or libelous;
∙posting, providing, transmitting or otherwise making available any materials or information infringing on the rights of a third party;
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∙posting, providing, transmitting or otherwise making available any junk mail or spam; and
∙posting, uploading, emailing or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials associated with the Services.
We maintain a policy of cooperation with any law enforcement authorities or court order requesting or directing Simili to disclose the identity of anyone posting any such information or materials. We have the right, but not an obligation, to strictly enforce the Terms of Service through
Termination of Service
You agree that Simili, in its sole discretion, has the right, but not the obligation, to delete or deactivate your Member account, block your IP address, or otherwise terminate your access to or use of the Services, or any part thereof, immediately and without notice, and remove and delete any Member Content on the Services, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Further, you agree that Simili will not be liable to you or any third party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after your Member account has been terminated.
You agree that if you are dissatisfied with the Services, if you do not agree with any part of the Terms of Service, or if you have any other dispute or claim with or against us with respect to the Terms of Service or the Services, your sole and exclusive remedy is to discontinue using the Services.
Membership Fees / Refund Policy
Members may have profiles either at a “basic” level (free) or may sign up for a paid membership.
Simili charges membership fees for each paid membership account. Paid membership account fees are automatically renewed according to the Member’s selected renewal options, unless deactivated by the subscribing Member. Simili will automatically charge the membership fee to your designated payment method and you authorize us to charge such payment method for the appropriate membership fees and amounts stated. Simili reserves the right to increase membership fees or to institute new fees at any time upon reasonable notice (a minimum of 30 days) posted in advance on the Site. The act of paying fees does not exclude you from the Terms of Service, which must be adhered to by all Members.
Membership fees are charged
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The Site and the Services may contain hyperlinks to websites which are not maintained by Simili. Hyperlinks to other websites are provided as a convenience. Use of the hyperlinks and access to such websites are entirely at your own risk. Simili is not responsible for the contents of those websites and shall not be liable, directly or indirectly, for any damages or loss arising from access to those websites. These hyperlinks do not and should not be taken as implying an endorsement or approval of any kind of the content or reliability of those websites or the activities of the people, organizations and/or businesses responsible for those websites.
You agree to defend, indemnify and hold harmless Simili and its affiliates, and their respective shareholders, officers, directors, employees, vendors and agents, and Site moderators from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney’s fees) arising from: (i) your use of or access to the
Service; (ii) your violation of any term of the Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that any Content, material or information posted, provided, transmitted or otherwise made available by you on or through the Services caused damage to a third party. This defence and indemnification obligation will survive the Terms of Service and your use of the Services.
You hereby agree that all of Simili’s trademarks, including Simili’s trade names, service marks, logos and service names are trademarks and the property of Simili. Without our prior written consent, you agree not to display or use in any manner any Simili mark. All trademarks included in the Services not owned by Simili are the property of their respective owners. Nothing contained on the Services may be construed as granting, by implication, estoppel or otherwise, any right or license to use any trademark.
YOU AGREE THAT YOUR USE OF THE SERVICES AND ALL CONTENT FORMING
PART OF OR RELATED TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY
MEMBER CONTENT, SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT
PERMITTED BY LAW, SIMILI AND ITS AFFILIATES, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES
AND CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, IN CONNECTION WITH
THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE,
HARDWARE COMPATIBILITY, QUIET ENJOYMENT, TITLE AND NON-
INFRINGEMENT. SIMILI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF ANY SITES, APPLICATIONS, PAGES OR
SERVICES LINKED TO OR THROUGH THE SERVICES AND ASSUME NO LIABILITY
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OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, INACCURACIES OR
OMISSIONS IN THE SERVICES, (II) ANY PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
OR USE OF THE SERVICES OR ANY CONTENT, (III) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS,
VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE SERVICES BY ANY THIRD PARTY, OR (VI) ANY ERRORS,
MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE
VIA THE SERVICE. SIMILI DOES NOT WARRANT, ENDORSE, GUARANTEE OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED
SERVICES OR WEBSITE FEATURED IN ANY USER SUBMISSION, BANNER, SPONSOR
MESSAGE OR OTHER ADVERTISING. SIMILI WILL NOT BE A PARTY TO OR IN ANY
WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY CUSTOMER OR ANY
Limitation of Liability
IN NO EVENT SHALL SIMILI AND ITS AFFILIATES, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OR ACCESS TO THE
SERVICES, INCLUDING WITHOUT LIMITATION RESULTING FROM ANY (I) ANY
ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICE,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY
CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN
HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS, MISTAKES,
INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, MISREPRESENTATION OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROVIDER AND/OR
PARTNER ARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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YOU SPECIFICALLY ACKNOWLEDGE THAT SIMILI AND ITS AFFILIATES SHALL
NOT BE LIABLE IN ANY WAY FOR ANY CONTENT INCLUDING BUT NOT LIMITED
TO ANY ERRORS OR OMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE
FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SIMILI DOES NOT CONTROL
THE CONTENT POSTED AND DO NOT GUARANTEE THE ACCURACY OR INTEGRITY
OF SUCH CONTENT.
The Services are offered by Simili from its facilities in British Columbia, Canada. Simili makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
If there is any dispute between you and Simili about or involving the Terms of Service or the Services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in Vancouver, British Columbia with respect to any claim, proceeding or action relating to or otherwise arising out of the Terms of Service or your access to or use of the Services, howsoever arising, provided always that Simili may seek and obtain injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.
If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.
No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Simili’s failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.
Instructions for contacting Simili can be found at the following website: